Crompton, or the Lord Coke's Pleas of the Crown, and Jurisdiction of Courts, Manwood of the Forest Law, and Fitzherbert's Natura Brevium." He, also, "despatched the greatest part" of the year-books, beginning with the book termed Henry the Seventh, from whence he regarded the common law derived "as from a copious fountain." While thus engaged, he did not altogether refuse recreation, but delighted in a small supper and a temperate glass with his friends in chambers, sometimes fancied "to go about town and see trade-work, which is a very diverting and instructive entertainment," and visited every thing extraordinary in town, "as engines, shows, lectures, and even so low as to hear Hugh Peters preach!" The only obstacle to his legal success was his excessive bashfulness, which so oppressed him, that when he dined or supped in the hall of the Middle Temple, he would not walk in alone, but “used to stand dogging at the skreen till other company came, behind whom he might enter." At the bar, he derived great advantage from the favour of Sir Jeofry Palmer, the attorneygeneral, who gave him many opportunities of showing his dexterity and knowledge of law, by procuring him to perform some of his own public duties, when he was himself disabled by sickness. Through the good offices of this zealous friend, Mr. North was appointed to argue for the king in the House of Lords, on the writ of error in the famous case of the King v. Hollis and others, which was brought, by order of the House of Commons, to reverse a judgment obtained in the time of Charles the First, against five of their members, who had been prosecuted for holding down the speaker in his chair, and other riotous proceedings. In consequence of the ability which he displayed on this occasion, though the commons succeeded, he was, on the recommendation of the Duke of York, appointed one of his majesty's counsel. Thus, having precedence, the favour of the court, great assiduity, and knowledge in law, he soon considerably extended his practice. To this, indeed, his great wariness and prudence, trenching on the boundaries of meanness, did not contribute a little. "He was exceedingly careful to keep fair with the cocks of the circuit," especially Serjeant Earl, who was a miser, and with whom he was contented to travel, when no other would starve with him on his journeys. If he discovered a point which his leader had omitted, he would not excite dislike by moving it himself, but suggest it to his senior, and thus conciliate his regard. He was, also, to use the words of his biographer," a wonderful artist in nicking a judge's tendency to serve his turn, and yet never failed to pay the greatest regard and deference to his opinion." He never contested a point with a judge when he despaired to convince him, but resigned it, even when confident in its goodness, that he might not weaken his credit for the future. On the other hand, when the judge was wrongly on his side, and he knew it, he did not fail to echo, "ay, my lord," to the great annoyance of his rivals. Thus gifted by knowledge and pliancy, he soon "from an humble beginner rejoicing at a cause that came to him, became cock of the circuit; and every one that had a trial rejoiced to have him on his side." One piece of artifice which he used on behalf of a relative is so curious, that we will insert it in the words of our author. His lordship had a relation, one Mr. Whitmore, of Balms, near London, an humoursome old gentleman, but very famous for the mere eating and drinking part of house-keeping. He was owner of Waterbeach, near Cambridge, and took a fancy that his estate ought not to pay tithes, and ordered his tenants expressly to pay none, with promise to defend them. The parson had no more to do but to go to law, and by advice brought an action of debt, for treble damages upon the statute against subtraction of tithes. The tenants got the whole demand to be put in one action; and that stood for trial at the assizes. Then he consults his cousin North, and retains him to defend this cause; but shows him no manner of title to a discharge. So he could but tell him he would be routed, and pay treble value of the tithes, and that he must make an end. This signified nothing to one that was abandoned to his own testy humour. The cause came on, and his lordship's utmost endeavour was to fetch him off with the single value and costs; and that point he managed very artificially for first, he considered that Archer was the judge, and it was always agreeable to him to stave off a long cause. After the cause was opened, his lordship, for the defendant, stepped forward, and told the judge that this would be a long and intricate cause, being a title to a discharge of tithes, which would require the reading a long series of records and ancient writings. That his client was no quaker, to deny payments of tithes were due, in which case the treble value was by the law intended as a sort of penalty. But this was to be a trial of a title, which his client was advised he had to a discharge: therefore he moved, that the single value might be settled; and if the cause went for the plaintiff, he should have that and his costs (which costs, it seems, did not go if the treble value was recovered,) and then they would proceed to their title. The other side mutinied against this imposition of Mr. North, but the judge was for him, and they must be satisfied. Then did he open a long history of matters upon record, of bulls, monasteries, orders, greater and lesser houses, surrenders, patents, and a great deal more, very proper, if it had been true, while the counsel on the other side stared at him; and, having done, they bid him go to his evidence. He leaned back, as speaking to the attorney, and then, My lord, said he, we are very unhappy in this cause. The attorney tells me, they forgot to examine their copies with the originals at the Tower; and (so folding up his brief) My lord, said he, they must have the verdict, and we must come better prepared another time. So, notwithstanding all the mutiny the other side could make, the judge held them to it, and they were choused of the treble value. This was no iniquity, because it was not to defraud the duty, but to shift off the penalty. But the old gentleman told his cousin North, he had given away his cause. His lordship F thought he had done him service enough; and | only the old gentleman asked him what estate could but just (with the help of the before said reason) satisfy himself that he had not done ill." his father intended to settle upon him for present maintenance, jointure, and provision for children. This was an inauspicious question; for it was plain that the family had not estate enough for a lordship, and none would be to spare for him. Therefore he said to his worship only, That when he would be pleased to declare what portion he intended to give his daughter, he would write to his father, and make him acquainted with his answer. And so they parted, and his lordship was glad of his escape, and resolved to give that affair a final discharge, and never to come near the terrible old fellow any more. His lordship had, at that time, a stout heart, and could not digest the being so slighted; as if, in his present state, a profitable profession, and future hopes, were of no account. If he had had a real estate to settle, he should not have stooped so low as to match with his daughter: and thenceforward despised his alli His next enterprise was directed to the "flourishing widow" of Mr. Edward Palmer, who had been his most intimate friend. Her family favoured his addresses-the lady did not refuse him-but flirted, coquetted, and worried him, until he was heartily tired of being "held in a course of bo-peep play by a crafty widow.” Her friends still urged him to persevere, which he did to please them rather than himself, until she relieved him by marrying another of her suitors. His third exploit is thus amusingly related. There is nothing very worthy of remark in the private life of Mr. North, before the beginning of his speculations for a settlement by marriage. These are exceedingly curious, not for their romance, but the want of it. In the good old times, when our advocate flourished, the language of sentiment was not in fashion. Some doubtless there were, perhaps not fewer than in these poetical days, in whose souls Love held its "high and hearted seat". whose nice-attuned spirits trembled with every change of the intensest, yet most delicate of affections-whose whole existence was one fervent hope and one unbroken sigh. Since then, the breathings of their deep emotionthe words and phases which imperfectly indicated that which was passing within them, as light and airy bubbles rise up from the low-ance." est spring to the surface of tranquil watershave become the current language of every transitory passion, and serve to garnish out every prudent match as a necessary part of the wedding finery. Things were not thus confounded by our heartier ancestors. Language was some indication of the difference of minds, as dress was of ranks. The choice spirits of the time had their prerogative of words and figures, as the ancient families had of their coats of arms. The greater part of mankind, who never feel love in its depth or its purity, were contented to marry and be "Another proposition came to his lordship, given in marriage without the affectation of its by a city broker, from Sir John-Lawrence, language. Men avowedly looked for good who had many daughters, and those reputed portions, and women for suitable jointures-beauties; and the fortune was to be £6000. they made the contract for mutual support and domestic comfort in good faith, and did not often break it. They had their reward. They indulged no fairy dreams of happiness too etherial for earth, which, when dissipated, would render dreary the level path of exist ence. Of their open, plain-hearted course of entering into the matrimonia: state, and of speaking about it, the Lord Keeper and his biographer are edifying examples. His Lordship, as his fortune improved, felt the necessity of domestic comfort, and wisely thought his hours of leisure would be spent most happily in a family, "which is never well settled without a mistress." "He fancied," says his eulogist, "he might pretend to as good a fortune in a match as many others had found, who had less reason to expect it; but without some advantage that way, he was not disposed to engage himself." His first attempt in this laudable pursuit was to obtain the daughter of an old usurer, which we will give in our author's words: "There came to him a recommendation of a lady, who was an only daughter of an old usurer of Gray's-inn, supposed to be a good fortune in present, for her father was rich; but after his death, to become worth nobody could tell what. His lordship got a sight of the lady, and did not dislike her; thereupon he made the old man a visit, and a proposal of himself to marry his daughter. There appeared no symptoms of discouragement; but His lordship went and dined with the alder At last, after these repeated disappointments, his mother "laid her eyes" on the Lady Frances Pope, one of three co-heiresses, as a wife for her son-and with his consent made overtures on his behalf. After some little difficulties respecting his lordship's fortune, this match was happily concluded, and is celebrated by his biographer as "made in heaven." The lady, however, died of a consumption, in the prime of her days. On this occasion, our author rejoices that "his lordship's good stars" forced him to London about a fortnight before her death, because nearness to persons dying of consumptions is perilous-and "when she must expire, and probably in his arms, he might have received great damage in his health." Her husband erected a monument to her memory, on which a tremendous Latin epitaph was engraven, commemorating her father, husband, children and virtues. Our author here expresses his opinion, that the eulogistic part should be left out, "because it is in the power of every cobbler to do the like;" but that the account of families cannot be too far extended, because they may be useful as evidence of pedigree. This is a curious selfbetrayal, by a man of rank and family. The utility of monumental inscriptions, detailing the dignities of ancestry, is, indeed urged but it is easy to perceive the antithesis completed in the writer's mind-between all the virtues which a cobbler might share, and the immunities of which the high-born alone are partakers. treasury, to hear attorneys, and young counsel, that came to move them about matters of form and practice. His lordship had a younger brother (Hon. Roger North) who was of the profession of the law. He was newly called to the bar, and had little to do in the King's Bench; but the attorneys of the Common Pleas often retained him to move for them in the treasury, such matters as were proper there, and what they might have moved themselves. But however agreeable this kind of practice was to a novitiate, it was not worthy the observation it had; for once or twice a week was the utmost calculate of these motions. But the sergeants thought that method was, or might become, prejudicial to them, who had a monopoly of the bar, and would have no water go by their mill, and supposed it was high time to put a stop to such beginnings, for fear it might grow worse. But the doubt was, how they should signify their resentment, so as to be effectually remedial. At length they agreed, for one day, to make no motions at all; and opportunity would fall for showing the reason Meanwhile, his lordship proceeded to honour and fortune. He was made solicitor-general, became a candidate for the borough of Lynn Regis; and, on a visit, with his accustomed prudence," regaled the corporation with a very handsome treat, which cost him about one hundred pounds." He could not, however, be pre-how the court came to have no business. sent at the election, but sent our author, and When the court (on this dumb day, as it was Mr. Matthew Johnson, "to ride for him," with called) was sat, the chief justice gave the proper directions to economize their pecuniary usual signal to the eldest sergeant to move. resources. They did so ;-" took but one house, He bowed, and had nothing to move: so the and there allowed scope for all taps to run;" next, and the next, from end to end of the bar. and as there was no opposition, all passed well, The chief, seeing this, said, Brothers, I think we and the plenipos returned with their purchase, must rise; here is no business. Then an attorney the return of the election, back to London." steps forward, and called to a sergeant to make His lordship, however, lost his seat by the vote his motion; and, after that, turned to the court of the House-despatched "his plenipos once and said, that he had given the sergeant his more to regain it, which they did, though with fee, and instructions over night, to move for more difficulty than they first procured it; for him, and desired he might do it. But proSir Simon Taylor, a wealthy merchant of wine, found silence still. The chief looked about, in that town, stood, and had procured a butt of and asked, What was the matter? An attorney, sherry, which butt of sherry was a potent ad- that stood by, very modestly said, that he feared versary." Soon after, his lordship was made the sergeants took it ill that motions were made in attorney-general, and some doubts arose as the Treasury. Then the chief scented the whole to his right to sit in parliament; which, how-matter; and, Erothers, said he, I think a very ever, he was able to remove. great offront is offered to us, which we ought, for the dignity of the court, to resent. But that we may do nothing too suddenly, but take consideration at full leisure, and maturely, let us now rise, and tomorrow morning give order as becomes us. And do you attorneys come all here to-morrow, and care shall be taken for your despatch, and, rather than fail, we will hear you, or your clients, or the barristers at law, or any person that thinks fit to appear in business, that the law may have its course; and so the court rose. This was like thunder to the sergeants, and they fell to quarrelling, one with another about being the cause of this great evil they had brought upon themselves: for none of them imagined it would have had such a turn as this was, that shaked what was the palladium of the coif, the sole practice there. In the afternoon, they attended the chief, and the other judges of the court, and, in great humility, owned their fault, and begged pardon, and that no farther notice might be taken of it; and they would be careful not to give the like offence for the future. The chief told them, that the affront was in public, and in the face of the court, and they must make their recognitions there next morning, and in such a manner as the greatness of their offence demanded; and then they should hear what In due time, Mr. North, wearied with the perpetual labours of extensive practice, not only in the courts of law but of equity, longed for, and obtained, the elevated repose of the cushion of the Court of Common Pleas. Here he sedulously endeavoured to resist the encroachments of the King's Bench, and showed himself sufficiently versed in the arts by which each of the courts attempted to overreach the other, and which would have done credit to the sagacity of a solicitor at the Old Bailey. His biographer relates various instances of his skill in detecting falsehood, which do not quite entitle him to be regarded as a second Solomon -of his management of counsel, which we have seen excelled in no distant period-and of his repartees, which are the worst ever gravely told as good things by a devoted admirer. The story of "the dumb day" is, however, worth transcribing, especially as our author, though he speaks of himself as usual, in the third person, was the party on whose behalf the authority of the chief justice was exerted. * It hath been the usage of the King's Bench, at the side bar below in the hall, and of the Common Pleas, in the chamber within the the court would say to them. Accordingly His opinions respecting libels were surprisingly liberal for a judge of the cavalier party, and may serve to put shame to the courtly lawyers of more enlightened days. they did; and the chief first, and, then, the rest, in order, gave them a formal chiding with acrimony enough; all which, with dejected countenances, they were bound to hear. When this discipline was over, the chief pointed to one to move; which he did, (as they said,) more like one crying than speaking; and so ended the comedy, as it was acted in Westminster-hall, called the dumb day." His lordship used his travels on the circuit as the means of securing an interest in the country gentlemen; and with so much success, that Dr. Mew, Bishop of Winchester, who was called Patels, from a black plaster which he wore to cover a wound received in the civil war, termed him “deliciæ occidentis,” the darling of the West; and the western members of parliament "did so firmly ensconce him that his enemies could never get a clever stroke at him." Once, indeed, he was taken in by a busy fanatic, who importuned the judges to sup with him, at his house near Exeter; and, having them fairly in his power, inflicted on them a long extemporaneous prayer, "after the Presbyterian way," which gave occasion to much merriment at the expense of their lordships, who were said to have been at a conventicle, and in danger of being presented with all their retinue for that offence by the grand jury. He also narrowly escaped being made the dupe or tool of the infamous Bedloe, who sent for him under pretence of making a confession. Excepting in so far as an excessive timidity influenced him, he appears to have acted in his high office with exemplary justice and wisdom. He was, indeed, a most faint-hearted judge, which his biographer, as in duty bound, discloses to his honour. He dreaded the trying of a witch, because he disbelieved the crime: and yet feared to offend the superstitious vulgar. On this nice subject, our author observes "It is seldom that a poor old wretch is brought to trial upon that account, but there is, at the heels of her, a popular rage that does little less than demand her to be put to death: and, if a judge is so clear and open as to declare against that impious vulgar opinion, that the devil himself has power to torment and kill innocent children, or that he is pleased to divert himself with the good people's cheese, butter, pigs, and geese, and the like errors of the ignorant and foolish rabble; the countrymen (the triers) cry this judge hath no religion, for he doth not believe witches; and so, to show they have some, hang the poor wretches. All which tendency to mistake, requires a very prudent and moderate carriage in a judge, whereby to convince, rather by detecting of the fraud, than by denying authoritatively such power to be given to old women." His lordship did, indeed, whenever he could, lay open the imposture, and procure the acquittal of witches. But when Mr. Justice Raymond and he went the circuit together, and his co-judge condemned two women to death for the crime, he appears to have contented himself," with concern, that his brother Raymond's passive behaviour should let them die," without himself making any effort to save them. "As to the business of lies and libels, which, in those days, were an intolerable vexation to the court, especially finding that the commu nity of gentle and simple strangely ran in with them; it was moved that there should be more messengers of the press, and spies, who should discover secret printing-houses, (which, then, were against law,) and take up the hawkers that sold libels, and all other persons that dispersed them, and inflict severe punishments on all that were found guilty. But his lordship was of a very different opinion, and said that this prosecution would make them but the more inquired after; and it was impossible to hinder the promulgation of libels; for the greediness of every one to get them, and the high price, would make men, of desperate fortunes, venture any thing: and, in such cases, punishments never regulate the abuse; but it must be done, if at all, by methods undermining the encouragement: yet, if any were caught, he thought it was fit to make severe examples of them. But an extraordinary inquisition to be set up, and make so much noise, and the punishment falling, as was most likely, not on the authors and abettors, but some poor wretches that sought to get a penny by selling them, would, as he thought, rather incense than abate the abuse. His notion was, that his majesty should order nothing extraordinary, to make people imagine he was touched to the quick; but to set up counter writers that as every libel came out should take it to task, and answer it. And, so, all the diurnal lies of the town also would be met with: for said he, either we are in the wrong, or in the right; if the former, we must do as usurped powers, use force, and crush all our enemies right or wrong. But there is no need of that, for we are in the right; for who will pretend not to own his majesty's authority according to law? And nothing is done, by his majesty and his ministers, but what the law will warrant, and what should we be afraid of? Let them lie and accuse till they are weary, while we declare at the same time, us may be done with demonstration, that all they say is false and unjust; and the better sort of the people whom truth sways, when laid before them, will be with us. This counsel was followed; and some clever writers were employed, such as were called the Observator and Heraclitus, for a constancy, and others, with them, occasionally; and then they soon wrote the libellers out of the pit, and during that king's life, the trade of libels, which before had been in great request, fell to nothing." Mr. North, notwithstanding the liberality of some of his opinions, was made a privy counsellor, and some time after Lord Keeper of the Great Seal. He opposed Jeffries, the celebrated Lord Chief Justice of the King's Bench, with mildness and caution, and secured and used wisely the esteem of his sovereign. He appears to have foreseen, that the consequence of the violent and arbitrary measures, which he was unable to prevent, would, if continued, work the downfall of the Stuart family. His private life was temperate and regular, un tainted with the vices of the times. His bro- | due acknowledgment of his learning, and that ther-in-law, actually fearing his virtue might he was, to his last breath, true as steel to the be visited as a libel on the court, seriously ad-principles of the times when he began his vised him to keep a mistress in his own de- career. Sir William Scraggs, the fierce vofence; for he understood, from very great luptuary and outrageous politician, is softened men, that he was ill looked upon for want of to us by the single engaging touch, that "in doing so; because he seemed continually to his house every day was a holyday." And reprehend them;" which notable advice was Jeffries himself, as exhibited here, seems to concluded by an offer, "that, if his lordship have had something of real human warmth pleased, he would help him to one." His lord- within him, which redeems him from utter ship's regard to virtue, as well as his usual hatred. The following is a summary of his caution, which told him, "there was no spy character. like a female," made him regard this proffer "His friendship and conversation lay much with a scorn, which utterly puzzled his adviser. among the good fellows and humourists; and He was, however, tremulously alive to ridicule. his delights were, accordingly, drinking, laughAware of this infirmity, Jeffries and the Earl ing, singing, kissing, and all the extravagancies of Sunderland took advantage of a harmless of the bottle. He had a set of banterers, for visit he made to see a rhinoceros, to circulate the most part, near him; as, in old time, great a report that he had ridden on the animal. men kept fools to make them merry. And This threw him into a state of rage and vexa- these fellows, abusing one another and their tion truly surprising; he turned on his ques- betters, were a regale to him. And no friendtioners with unexampled fury, was seriously ship or dearness could be so great, in private, angry with Sir Dudley North for not contra- which he would not use ill, and to an extravadicting it with sufficient gravity, and sent for gant degree, in public. No one, that had any him that he might add his testimony to his expectations from him, was safe from his own solemn denial. His biographer, who ac- public contempt and derision, which some of tually performs the duty of confidante, as de- his minions at the bar bitterly felt. Those scribed in The Critic, to laugh, weep, or go mad above, or that could hurt or benefit him, and with the principal, is also in a towering pas- none else, might depend on fair quarters at sion at the charge. He calls it," an impudent his hands. When he was in temper, and matters buffoon lie, which Satan himself would not indifferent came before him, he became his seat of have owned for his legitimate issue;" and is justice better than any other I ever saw in his place. provoked beyond measure, that "the noble He took a pleasure in mortifying fraudulent Earl, with Jeffries, and others of that crew, attorneys, and would deal forth his severities made merry, and never blushed at the lie of with a sort of majesty. He had extraordinary their own making; but valued themselves natural abilities, but little acquired, beyond upon it, as a very good jest." He was afilicted what practice in affairs had supplied. He by no other "great calumny," notwithstanding talked fluently, and with spirit; and his weakthe watchfulness of his foes. One of his last ness was that he could not reprehend without public acts was to stop the bloody proceedings scolding; and in such Billingsgate language, of Jeffries in the West, which he did by his as should not come out of the mouth of any influence with the king. He did not long sur- man. He called it giving a lick with the rough vive the profligate prince, whom he sometimes side of his tongue. It was ordinary to hear him was able to guide and to soften. He walked say, Go, you are a filthy, lousy, nitty rascal; with in the coronation of James the Second, when much more of like elegance. Scarce a day imperfectly recovered from a fever; and, after passed that he did not chide some one, or other, a gradual decline of some months, expired at of the bar, when he sat in the Chancery; and his house at Wroxton, really hurried to the it was commonly a lecture of a quarter of an grave by the political broils and vexations at-hour long. And they used to say, This is yours; tendant on the Great Seal. "That pestiferous lump of metal," as our author terms it, was given to Jeffries, whom it did not save from an end more disastrous and fearful. my turn will be to-morrow. He seemed to lay nothing of his business to heart, nor care what he did, or left undone; and spent, in the Chancery court, what time he thought fit to spare. The work before us, as we have already in- Many times, on days of causes at his house, timated, is rendered more interesting by the the company have waited five hours in a mornadmirable characters which it contains of the ing, and, after eleven, he hath come out inflamed old lawyers. These are all drawn, not only and staring like one distracted. And that visage with great and most felicitous distinctness, but he put on when he animadverted on such as he are touched in a mild, gentlemanly, and hu- took offence at, which made him a terror to real mane spirit, which it is refreshing to recog- offenders; whom also he terrified with his face nise in these days of acrimony and slander. and voice, as if the thunder of the day of judgment Even those who were most opposed in interest | broke over their heads and nothing ever made and in prejudice to the author, receive ample men tremble like his vocal inflictions. He justice from his hands. Hale, whose dislike loved to insult, and was bold without check; to the court rendered him obnoxious to the author, or, which is the same thing, to his brother, is drawn at full length in all his austere majesty. Even Serjeant Maynard, the acknowledged "anti-restoration lawyer," whose praise was in all the conventicles, and who was a hard rival of "his lordship," receives but that only when his place was uppermost. To give an instance. A city attorney was petitioned against for some abuse; and affidavit was made that when he was told of my lord chancellor, My lord chancellor, said he, I made him; meaning his being a means to bring him early into city business. When this affidavit |