LETTERS FROM BIRCH. 397 



To make short, at the motion of the attorney, in person 

 at the bar, and at the motion of my lord steward * in court, 

 the day of proceeding is deferred till the king s pleasure 

 is known. This was against my opinion, then declared 

 plain enough, but put to votes and ruled by the major part, 

 though some concurred with me. 



I do not like of this course, in respect that it puts the 

 king in a strait; for either the note of severity must rest 

 upon his majesty, if he go on; or the thanks of clemency 

 is in some part taken away, if his majesty go not on. 



I have cor unum et via una ; and therefore did my part 

 as a judge and the king s Chancellor. What is farther to 

 to be done I will advise the king faithfully when I see his 

 majesty and your lordship. But before I give advice I 

 must ask a question first. 



God ever preserve and prosper you. 



Your Lordship s most obliged Friend 



and faithful Servant, 



October 28, 1620. Fit. VERULAM, CailC. 



To the King. 

 It may please your most excellent Majesty, 



In performance of your royal pleasure, signified by Sir 

 John Suckling*]-, we have at several times considered of 

 the petition of Mr. Christopher Villiers,J and have heard, 

 as well the registers and ministers of the Prerogative Court 

 of Canterbury, and their council, as also the council of the 

 Lord Archbishop of Canterbury. And, setting aside such 

 other points as are desired by the petition, we do think, 

 that your majesty may by law, and without inconvenience, 

 appoint an officer that shall have the ingrossing of the 

 transcripts of all wills to be sealed with the seal of either 

 of the Prerogative Courts, which shall be proved in com- 

 muni forma, and likewise of all inventories to be exhibited 

 in the same courts. 



We see it necessary that all wills, which are not judici 

 ally controverted, be engrossed before the probate. Yet, 

 as the law now stands, no officer of those courts can law 

 fully take any fee or reward for engrossing the said wills 



* The Duke of Lenox. 



t He was afterwards comptroller of the household to King Charles I. and 

 father of the poet of the same name. 



% Youngest brother to the Marquis of Buckingham. He was created, April 

 23, 1623, Baron of Daventry and Earl of Anglesey. He died September 24, 

 1624. 



