king and court were at Oxford, Birkenhead was a leading spirit. The thick-coming events of the time compelled almost daily publication of news. The parliament had their 'Mercurius Britannicus' and others. The royalists were in need of a journal till Birkenhead devised, and was appointed to write, the 'Mercurius Aulicus' (Athenæ Oxon.) The 'Mercurius Aulicus' communicated 'the intelligence and affairs of the court' at Oxford 'to the rest of the kingdom,' No. 1 is dated January 1642. It went on without break till 1645, and occasionally after, 'weekly in one sheet' (a small quarto). The 'Mercurius Aulicus' has not received that critical attention which it deserves. When it is remembered that, with very occasional help later by Dr. Peter Heylin and others, the burden of carrying on the 'Mercurius Aulicus' fell on Birkenhead, it must be recognised that he proved himself by this achievement alone a man of intellectual capacity and wit. The 'Mercurius Aulicus'—now extremely rare complete—has never been reprinted or edited. Its literary quality gives it a far superior interest to that attaching to the 'Mercurius Britannicus,'
The 'Mercurius Aulicus' having proved 'very pleasing to the loyal party, his majesty recommended him [Birkenhead] to the electors that they would chuse him for moral philosophy reader' (Athenæ Oxon.) His duties were discharged 'with little profit,' says Wood ambiguously.
The year 1648 found him in exile with the prince (afterwards Charles II). We have a glimpse of both in a letter from Birkenhead to John Raymond, worked into the preface of Raymond's 'Itinerary contayning a Voyage made through Italy in the Years 1646 and 1647' (1648). The letter is dated 'Amiens, 11 July 1648,' and is a characteristic specimen of his style.
After the 'parliamentary visitors' finally deprived him of his posts and fellowship, he appears to have gone and come between France, Holland, and England. Ultimately, according to Wood, having suffered several imprisonments, he lived at Oxford 'by his wits in helping young gentlemen out at dead lifts in making poems, songs, and epistles to their respective mistresses, as also in translating and writing several little things and other petite employments.' Of his own 'petite things' we have in 1647 (though not published till 1662-3), 'The Assembly Man, or the Character of an Assembly Man;' in 1648, 'News from Pembroke and Montgomery, or Oxford Manchester'd;' in 1649, 'Pauls Churchyard, Libri Theologici, Politici, Historici,' enlarged in 1653 as follows: 'Two Centvries of Paul's Churchyard. Unà cum Indice Expurgatorio in Bibliothecam Parliamenti, sive Librorum, qui prostant venales in vico vulgo vocato Little-Brittain. Done into English for the Benefit of the Assembly of Divines, and the two Universities;' in 1659, 'The Four-legg'd Quaker, a Ballad to the Tune of the Dog and Elder's Maid.' There were also 'A Poem on his staying in London after the Act of the Banishment for Cavaliers,' and 'The Jolt' on Cromwell's famous overturn of the coach. There is much drollery in these productions, and his language is always nervous and effective.
The Restoration brought Birkenhead to the winning side. On 22 Aug. 1649, at St. Germains, he received a grant of arms, and probably his knighthood (Harleian MS. 11-14, f. 82 b). On 6 April 1661, on the king's letters he was created D.C.L. by Oxford, and as such was one of the eminent civilians consulted by the convocation on the question 'whether bishops ought to be present in capital cases,' and with the rest on 2 Feb. 1661-2 said 'Yes.' He was returned M.P. for Wilton, was made a member of the Royal Society, and was appointed one of the masters of requests. But he failed to win the respect of even so ultra a royalist partisan as Anthony à Wood, who says of him: 'A certain anonymous ("A Seasonable Argument to persuade . . . for a New Parliament, 1677") says he was a poor ale-keeper's son, and that he got by lying and buffoonery at court 3,000l.. . . . The truth is, had he not been given too much to bantering, which is now taken up by vain and idle people, he might have passed for a good wit, And had he also expressed himself grateful and respectful to those that had been his benefactors in the time of his necessity, which he did not, but rather slighted them (shewing thereby the baseness of his spirit), he might have passed for a friend and a loving companion.'
Except the 'Assembly-Man'—delayed from 1647—he gave to the press nothing of any extent after the Restoration. He has verses in the Beaumont and Fletcher folio (1675), and Latin lines under Fletcher's portrait. Probably the 'Miscellanies' of 'Wit and Loyalty' received contributions from him, but they remain unidentified. He died at Whitehall 4 Dec. 1679, 'leaving behind him a choice collection of pamphlets, which came into the hands of his executors, Sir Richard Mason and Sir Muddford Bramston' (Ath. Oxon.) He does not appear to have married.
