CHAPTER XIII.

FRANCIS NORTH.

We now come to one of the most contemptible of men--Francis North, known

by the title of Lord Keeper Guilford. He had not courage to commit great

crimes; but--selfish, cunning, sneaking, and unprincipled--his only

restraint was a regard to his own personal safety, and throughout his

whole life he sought and obtained advancement by the meanest arts.

Our hero, although he himself ascribed his success to his poverty, was of

noble birth. The founder of his family was Edward North, a serjeant at

law, chancellor of the Augmentations, and created a baron by writ in the

reign of Henry VIII. Dudley, the third baron, "having consumed the

greatest part of his estate in the gallantries of King James's court, or,

rather, his son Prince Henry's," retired and spent the rest of his days at

his seat in Cambridgeshire. When the civil war broke out, he sided with

the Parliament, and on rare occasions coming to London, he is said to have

sat on the trial of Laud, and to have voted for his death. Having reached

extreme old age, he died in the year 1666.

Dudley, his heir, who, at the age of sixty-three, stood on the steps of

the throne in the House of Lords as "the eldest son of a peer," was a

great traveller in his youth, and served with distinction in the Low

Countries under Sir Francis Vere. Yet he never would put on his hat, nor

sit down in the presence of his father, unless by the old peer's express

commands. Being returned to the Long Parliament for the county of

Cambridge, he strenuously opposed the Court, and signed the Solemn League

and Covenant; but, adhering to the Presbyterian party, he was turned out

by _Pride's purge_, and lived in retirement till the Restoration. He

married Anne, one of the daughters and coheirs of Sir Charles Montagu,

brother of the Earl of Manchester, by whom he had a very numerous family.

The subject of this memoir was their second son, and was born on the 22d

of October, 1637. Though he turned out such a zealous royalist and high

churchman, his early training began among republicans and fanatics. As

soon as he left the nursery, he was sent to a preparatory school at

Isleworth, the master of which was a rigid Presbyterian. His wife was a

furious Independent, and she ruled the household. "She used to instruct

her babes in the gift of praying by the Spirit, and all the scholars were

made to kneel by a bedside and pray; but this petit spark was too small

for that posture, and was set upon a bed to kneel, with his face to a

pillow."

His family becoming disgusted with the extravagance of the ruling powers,

and beginning to look to royalty as the only cure for the evils the nation

was suffering, he was removed from Isleworth, and put to a grammar school

at Bury St. Edmunds, under a cavalier master.

In 1653, he was admitted a fellow commoner at St. John's College,

Cambridge. He is said to have remained there two or three years, applying

diligently to the studies of the place; but he seems to have devoted much

of his time to the bass-viol, and he left the university without a degree.

He was then transferred to the Middle Temple. His father bought him a very

small set of chambers, in which he shut himself up, and dedicated himself

to the study of the law. He early learned and often repeated this saying

of the citizens to their apprentices, "Keep your shop, and your shop will

keep you." He did not frequent riding schools, or dancing schools, or

playhouses, or gaming houses--so dangerous to youth at the Inns of Court.

Though he could "make one at gammon, gleek, piquet, or even the

merry-main, he had ever a notable regard to his purse to keep that from

oversetting, like a vessel at sea that hath too much sail and too little

ballast."

While a student, he paid frequent and long visits to his grandfather, who

seems to have become a most singularly tyrannical and capricious old man.

Frank exerted himself to the utmost to comply with all his humors, being

allowed by him £20 a year. He was always industrious during these visits,

though he could not altogether avoid bowling, fishing, hunting, visiting,

and billiards; he spent the greater part of his time in reading and

commonplacing the law books brought down to him by the carrier.

While in town, he always dined in the hall--twelve at noon being the hour

of dinner--and supped there again at six; after which "case-putting" began

in the cloister walks; and he acquired the character of a great

"put-case." He kept a commonplace book, which seems to have been almost as

massive as Brooke's "Abridgment of the Law." He made himself well

acquainted with the Year Books, although not altogether so passionately

attached to them as Serjeant Maynard, who, when he was taking an airing in

his coach, always carried a volume of them along with him, which, he said,

amused him more than a comedy. He attended all famous legal arguments,

particularly those of Sir Heneage Finch, and taking notes in the morning

in law French, he employed himself at night in making out in English a

report of the cases he had heard.

By way of relaxation he would go to music meetings, or to hear Hugh Peters

preach. Nothing places him in such an amiable point of view as the delight

he is said to have taken, on rare occasions, in "a petit supper and a

bottle," when there really seems to have been a short oblivion of anxiety

about his rise in the world; but, to show his constitutional caution, his

brother Roger assures us that, "whenever he was a little overtaken, it was

a warning to him to take better care afterwards."

Long before he was called to the bar, "he undertook the practice of

court-keeping;" that is, he was appointed the steward of a great many

manors by his grandfather and other friends, and he did all the work in

person, writing all his court-rolls, and making out his copies with his

own hand. I am afraid he now began his violation of the rights and

liberties of his fellow-subjects by practising some petty extortions upon

the bumpkins who came before him. "His grandfather," says Roger,[83] with

inimitable simplicity, "had a venerable old steward, careful by nature and

faithful to his lord, employing all his thoughts and time to manage for

supply of his house and upholding his rents,--in short, one of a race of

human kind heretofore frequent, but now utterly extinct,--affectionate as

well as faithful, and diligent rather for love than self-interest. This

old gentleman, with his boot-hose and beard, used to accompany his young

master to his court-keeping, and _observing him reasoning the country

people out of their pence for essoines, &c._, he commended him, saying,

'If you will be contented, Master Frank, to be a great while getting a

little, you will be a little while getting a great deal;' wherein he was

no false prophet."

Having been the requisite time on the books of the society of the Middle

Temple, and performed all his moots, (upon which he bestowed great labor,)

Francis was called to the bar.

The allowance of sixty pounds a year which he had hitherto received from

his father was now reduced to fifty, in respect of the pence he collected

by court-keeping and the expected profits of his practice. He highly

disapproved of this reduction, and wrote many letters to his father to

remonstrate against it. At last he received an answer which he hoped was

favorable, but which contained only these words, "Frank, I suppose by this

time, having vented all your discontent, you are satisfied with what I

have done." The reduced allowance, however, was continued to him as long

as his father lived, who said "he would not discourage industry by

rewarding it when successful with loss."

The young barrister was now hard put to it. He took "a practising chamber"

on a first floor in Elm Court, "a dismal hole--dark next the court, and on

the other side a high building of the Inner Temple standing within five or

six yards of the windows." He was able to fill his shelves with all useful

books of the law from the produce of certain legacies and gifts collected

for him by his mother,[84] and he seems still to have had a small

pecuniary help from his grandfather. For some time he had great difficulty

in keeping free from debt; but he often declared that "if he had been sure

of a hundred pounds a year to live upon, he had never been a lawyer."

He is much praised by his brother, because it is said "he did not, (as

seems to have been common,) for the sake of pushing himself, begin by

bustling about town and obtruding himself upon attorneys, or bargaining

for business, but was contented if chance or a friend brought him a

motion, as he was standing at the bar taking notes." These, however, came

so rarely that he fell into a very dejected and hypochondriacal state.

Thinking himself dying, he carried a list of his ailments to a celebrated

physician, Dr. Beckenham of Bury, who laughed at him and sent him away,

prescribing fresh air and amusement.

He was in danger of utterly sinking in the slough of despond, when he was

suddenly taken by the hand by the great lawyer, Sir Jeffrey Palmer, who

was made attorney general on the restoration of Charles II., and who if he

had lived must have been lord chancellor. His son Edward, a very promising

young man, lately called to the bar, died about this time in the arms of

Francis North, who had been at college with him, and had shown him great

attention during his illness.

All the business destined for young Palmer now somehow found its way to

his surviving friend. His powerful protector, the attorney general,

rapidly brought him forward by employing him in government prosecutions,

and even when he himself was confined by illness, by giving him his briefs

in smaller matters to hold for him in court. North, we may be sure, was

most devotedly assiduous in making a suitable return for this kindness,

and in flattering his patron. Instead of the sentiments he had imbibed

from his family in his early days, he now loudly expressed those of an

ultra prerogative lawyer, exalting the power of the king both over the

church and the Parliament.

Being considered a rising man, his private friends and near relations came

to consult him. He was once asked if he took fees from them. "Yes," said

he; "they no doubt come to do me a kindness; and what kindness have I if I

refuse their money?"

Soon after he was called to the bar, he went the Norfolk circuit, where

his family interest lay; but here again he chiefly relied upon his grand

resource of flattering his superiors and accommodating himself to their

humors. "He was exceeding careful to keep fair with the cocks of the

circuit, and particularly with Serjeant Earl, who had almost a monopoly.

The Serjeant was a very covetous man, and when none would starve with him

in journeys, this young gentleman kept him company." They once rode

together from Cambridge to Norwich without drawing bit, to escape the

expense of baiting at an inn; and North would have been famished, if the

serjeant's man, knowing his master's habits, had not privately furnished

him with a cake. He asked the serjeant, out of compliment to his riches,

how he kept his accounts, "for you have," said he, "lands, securities, and

great comings in of all kinds." "Accounts, boy!" exclaimed the serjeant,

"I get as much as I can, and I spend as little as I can; and there is all

the account I keep." In these journeys the serjeant talked so agreeably of

law, and tricks, and purchases, and management, that North's hunger was

beguiled, and he thought only of the useful knowledge he was acquiring,

and the advantage to be derived from the countenance of a man so looked up

to.

Lord Chief Justice Hyde generally rode the Norfolk circuit, and so

completely had North taken the measure of his foot, that my lord called

him "cousin" in open court, "which was a declaration that he would take it

for a respect to himself to bring him causes." The biographer to whom we

are so much indebted lays it down that there is no harm in a judge letting

it be known "that a particular counsel will be easily heard before him,

and that his errors and lapses, when they happen, will not offend his

lordship or hurt the cause." The morality of the bar in those days will be

better understood by the following observations of simple Roger: "In

circuit practice there is need of an exquisite knowledge of the judge's

humor, as well as his learning and ability to try causes; and he, North,

was a wonderful artist at watching a judge's tendency, to make it serve

his turn, and yet never failed to pay the greatest regard and deference to

his opinion; for so they get credit; because _the judge for the most part

thinks that person the best lawyer that respects most his opinion_. I have

heard his lordship say, that sometimes he hath been forced to give up a

cause to the judge's opinion when he (the judge) was plainly in the wrong,

and when more contradiction had but made him more positive; and, besides,

that in so doing he himself had weakened his own credit with the judge,

thereby been less able to set him right when he was inclined to it. A good

opinion so gained often helps at another time to good purpose, and

sometimes to ill purpose; as I heard it credibly reported of Serjeant

Maynard that, being the leading counsel in a small feed cause, he would

give it up to the judge's mistake, and not contend to set him right, that

he might gain credit to mislead him in some other cause in which he was

well feed." These gentlemen of the long robe ought to have changed places

in court with the highwaymen they were retained to prosecute.[85]

There was no nonsense, however arrant, a silly judge might speak in

deciding for North, which he would not back. Thus a certain Mr. Justice

Archer, who seems to have been the laughing stock of the profession,

having, to the amusement of the juniors, "noted a difference between a

renunciation of an executorship upon record and _in pais_," North said,

"Ay, my lord; just so, my lord;" upon which his lordship became as fierce

as a lion, and would not hear the argument on the other side. But even

such a learned and sensible judge as Chief Justice Hale, North could win

by an affectation of modesty, diffidence, and profound veneration. Early

in his career, when he found it difficult to get to his place in a very

crowded court, Sir Matthew said from the bench, "Good people, make way for

this little gentleman; he will soon make way for himself."

His consultations were enormously long, and he gained vast applause at

them by his care and dexterity in probing the cause, starting objections,

inventing points, foretelling what would be said by the opposite counsel

and by the judge, and showing how the verdict might be lost or was to be

secured; but, to make security doubly sure, after mastering the record and

perusing the deeds to be given in evidence, he himself examined the

witnesses, and thus had an opportunity of presenting the facts properly to

their minds.

Need we wonder that from an humble beginner, rejoicing in a cause that

came to him, he soon became "cock of the circuit"--all who had trials

rejoicing to have him on their side?

I shall give one specimen of his conduct as a leader. He was counsel for

the defendant in an action tried before his friend Judge Archer, for not

setting out tithes--in which the treble value was to be recovered. Finding

that he had not a leg to stand upon, he manoeuvred to get his client off

with the single value; so he told his lordship that this was a cause to

try a right of a very intricate nature, which would require the reading a

long series of records and ancient writings, and that it ought not to be

treated as a penal action; wherefore, they should agree upon the single

value of the tithes, for which the verdict should be taken conditionally,

and then proceed fairly to try the merits. The judge insisted on this

course being adopted; and the other side, not to irritate him, acquiesced

in North's proposal. "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 mooting the other side could make,

the judge held them to it, and they were choused of the treble value."

While North had such success on the circuit, he was equally flourishing in

Westminster Hall. By answering cases and preparing legal arguments for Sir

Jeffrey Palmer, and by flouting at parliamentary privilege, he was still

higher than ever in favor with that potential functionary. It happened

that in the year 1668, after the fall of the Earl of Clarendon, a writ of

error was brought in the House of Lords by Denzil Hollis, now Lord Hollis,

the only defendant surviving, upon the judgment of the Court of King's

Bench in the great case of _The King_ v. _Sir John Elliot, Denzil Hollis,

and Others_, decided in the fifth year of the reign of Charles I. This had

been a prosecution by the king against five members of the House of

Commons, for what had been done in the House on the last day of the

session, when Sir John Finch was held in the chair while certain

resolutions alleged to be seditious had been voted, and one of the

defendants had said "that the Council and judges had all conspired to

trample under foot the liberties of the subject." They had pleaded to the

jurisdiction of the Court of King's Bench, "that the supposed offences

were committed in Parliament, and ought not to be punished or inquired of

in this court, or elsewhere than in Parliament." But their plea had been

overruled, and they were all sentenced to heavy fine and imprisonment.

Although there had been resolutions of the House of Commons, on the

meeting of the Long Parliament, condemning this judgment, it still stood

on record, and Lord Hollis thought it was a duty he owed to his country,

before he died, to have it reversed.

Sir Jeffrey Palmer, as attorney general, pleaded _in nullo est erratum_;

but having returned his writ of summons to the House of Lords, and being

in the habit of sitting there on the woolsack, as one of the assessors to

the peers, he could not himself argue the case as counsel at the bar. The

king's serjeants declined to do so out of respect to the House of Commons.

Francis North, thinking this a most favorable opportunity to make himself

known at court as an anti-parliamentarian lawyer, volunteered to support

the judgment, and his services were accepted. He says himself "he was

satisfied he argued on the right side, and that on the record the law was

for the king." Accordingly, on the appointed day he boldly contended that,

as the information averred that the offences were committed _against the

peace_, as privilege of Parliament does not extend to offences in breach

of the peace, as they had not been punished in the Parliament in which

they were committed, and as no subsequent Parliament could take notice of

them, they were properly cognizable in a court of common law. The judgment

was reversed, but North's fortune was made. The Duke of York was pleased

to inquire "who that young gentleman was who had argued so well." Being

told that "he was the younger son of the Lord North, and, what was rare

among young lawyers at that time, of loyal principles," his royal highness

undertook to encourage him by getting the king to appoint him one of his

majesty's counsel. North was much gratified by receiving a message to this

effect, but was alarmed lest the Lord Keeper Bridgeman, who by his place

was to superintend preferments in the law, might conceive a grudge against

him for this interference with his patronage. The lord keeper acquitted

him of all blame, wished him joy, and with peculiar civility desired him

to take his place within the bar.

Things went on very smoothly with him now till the death of Sir Jeffrey

Palmer, when Sir Heneage Finch being promoted to be attorney general, the

solicitor's place was vacant. North, being the only king's counsel, and

having been long employed in crown business, had a fair claim to succeed,

and he was warmly supported by the lord keeper, as well as the new

attorney general, who was desirous of having him for a colleague; but the

Duke of Buckingham, at this time considered prime minister, preferred Sir

William Jones, who was North's chief competitor in the King's Bench, and

over whose head he had been put when he received his silk gown.[86]

To terminate the difference they were both set aside, and the office of

solicitor general was given to Sir Edward Turner, speaker of the House of

Commons, who held it for a twelvemonth, at the end of which he was made

chief baron of the Exchequer, in the room of Sir Matthew Hale, promoted to

be chief justice of the Common Pleas.

Buckingham's influence had greatly declined, and North was made solicitor

general without difficulty, Jones being solaced with a silk gown, and the

promise of further promotion on the next vacancy.

The Cabal was now in its full ascendancy; and as the leaders did not take

any inferior members of the government into their councils, and contrived

to prevent the meeting of Parliament for nearly two years, the new

solicitor had only to attend to his profession. Of course, he gave up the

circuit, and he set the example, generally followed for one hundred and

fifty years, of making the Court of Chancery his principal place of

practice, on being promoted to be a law officer of the crown; henceforth

going to other courts only in cases in which the crown was concerned, or

which were of very great magnitude. To keep up his law, when he could be

spared from the Court of Chancery, he stepped across the hall and seated

himself in the Court of King's Bench, "with his note book in his hand,

reporting as the students about the court did, and during the whole time

of his practice every Christmas he read over Littleton's Tenures." He had

hitherto practised conveyancing to a considerable extent; but he now

turned over this business to Siderfin the reporter, whom he appointed to

serve him in the capacity of "devil," as he himself had served Sir Jeffrey

Palmer. He was on very decent terms with Sir Heneage Finch, who had much

assisted his promotion; but he showed his characteristic cunning by an

expedient he adopted to get the largest share of the patent business.

Then, as now, all patents of dignity belong exclusively to the attorney

general; but the warrants for all other patents might be carried either to

the attorney or solicitor. North, with much dexterity, took into his

employment a clerk of Sir Jeffrey Palmer, who was reputed to have a

magazine of the best precedents, and who had great interest among the

attorneys, whereby many patents came to his chambers which otherwise would

have gone to the attorney general's.

But if he was eager to get money, he spent it freely. He was now appointed

"autumn reader" of the Middle Temple, and though the festivity was not

honored with the presence of royalty, like Finch's, in the Inner Temple,

it was conducted sumptuously, and cost him above a thousand pounds. He

took for his subject "The Statute of Fines," which he treated very

learnedly, and the arguers against him, the best lawyers of the society,

did their part very stoutly. On the "Grand Day" all the king's chief

ministers attended, and the profusion of the best provisions and wine led

to such debauchery, disorder, tumult, and waste, that this was the last

public reading in the Inns of Court, the lectures being discontinued and

the banqueting commuted for a fine.

I must not pass over his loves, although they were not very romantic or

chivalrous. He was desirous of being married, among other reasons, because

he was tired of dining in the hall and eating "a costelet and salad at

Chastelin's in the evening with a friend;" and he wished to enjoy the

pleasures of domestic life. One would have thought that the younger son of

a peer, of great reputation at the bar, solicitor general at thirty-one,

and rising to the highest offices in the law, might have had no difficulty

in matching to his mind; but he met with various rebuffs and

disappointments. Above all, he required wealth, which it seems was not

then easily to be obtained without the display of a long rent roll. He

first addressed the daughter of an old usurer in Gray's Inn, who speedily

put an end to the suit by asking him "what estate his father intended to

settle upon him for present maintenance, jointure, and provision for

children." He could not satisfy this requisition by an "abstract" of his

"profitable rood of ground in Westminster Hall." He then paid court to a

coquettish young widow; but after showing him some favor, she jilted him

for a jolly old knight of good estate. The next proposition was made by

him to a city alderman, the father of many daughters, who, it was given

out, were to have each a portion of six thousand pounds. North dined with

the alderman, and liked one of them very much; but coming to treat, the

fortune shrank to five thousand pounds. He immediately took his leave. The

alderman ran after him, and offered him to boot five hundred pounds on the

birth of the first child, but he would not bate a farthing of the six

thousand.

At last his mother found him a match to his mind in the Lady Frances Pope,

one of the three daughters and coheirs of the Earl of Down, who lived at

Wroxton, in Oxfordshire, with fortunes of fourteen thousand pounds apiece.

We are surprised to find that, with all his circuit and Westminster Hall

earnings, he was obliged to borrow six hundred pounds from a friend before

he could compass six thousand pounds to be settled upon her. He then

ventured down with grand equipage and attendance, and in less than a

fortnight obtained the young lady's consent, and the writings being

sealed, the lovers were happily married. The feasting and jollities in the

country lasted three weeks, and Mr. Solicitor, heartily tired of them, was

very impatient to get back to his briefs. However, he seems always to have

treated his wife, while she lived, with all due tenderness. He took a

house in Chancery Lane, near Serjeants' Inn, and acquired huge glory by

constructing a drain for the use of the neighborhood--a refinement never

before heard of in that quarter. This was the happiest period of his life.

In the beginning of 1673, the meeting of Parliament could be deferred no

longer, and it was considered necessary that the solicitor general should

have a seat in the House of Commons.

He remained member for Lynn till he was made chief justice of the Common

Pleas, in January, 1675; but I can hardly find any trace of his ever

having spoken in the House of Commons.

Shaftesbury was at last turned out, the great seal was given to Sir

Heneage Finch, and North became attorney general. He had for his colleague

as solicitor his old rival, Sir William Jones, who seems to have been a

considerable man, who afterwards had the virtue voluntarily to give up

office that he might join the popular party, and who, if not cut off by an

early death, would probably have acted the part of Lord Somers at the

Revolution, and left a great name in history.

Parliament met in a few weeks after North's promotion. We are told that

"little or nothing of the king's business in the House of Commons leaned

upon him, because Mr. Secretary Coventry was there, who managed for the

court." North once or twice spoke a few words, "in resolving the fallacies

of the country party," but did not venture beyond an opinion upon a point

of law which incidentally arose.

"He could not attend the house constantly, but took the liberty of

pursuing his practice in Westminster Hall."[87] There he was easily the

first; and the quantity of business which he got through in Chancery ("his

home") and the other courts where he went _special_ seems to have been

enormous. His mode of preparation was (like Lord Erskine's) to have a

consultation in the evening before reading his brief, when "he was

informed of the history of the cause, and where the pinch was". Next

morning at four he was called by a trusty boy, who never failed, winter or

summer, to come into his chamber at that hour,[88] and by the sitting of

the court he had gone through his brief, and was ready to do ample justice

to his clients.

Fees now flowed in upon him so fast that he hardly knew how to dispose of

them. He seems to have taken them from his clients with his own hand. At

one time he had had a fancy, for his health, to wear a sort of skullcap.

He now routed out three of these, which he placed on the table before him,

and into these he distributed the cash as it was paid to him. "One had the

gold, another the crowns and half crowns, and another the smaller money."

When these vessels were full, they were committed to his brother Roger,

who told out the pieces and put them into bags, which he carried to

Child's, the goldsmith, at Temple Bar.[89]

But still Mr. Attorney was dissatisfied with his position. He could not

but be mortified by his insignificance in the House of Commons. The

country party there was rapidly gaining strength, and although it was not

then usual for the crown to turn out its law officers on a change of

ministers, he began to be very much frightened by threats of impeachment

uttered against all who were instrumental in executing the measures of the

government. Shaftesbury was in furious opposition. While only at the head

of a small minority in the House of Lords, the House of Commons was more

and more under his influence. North was exceedingly timid, always

conjuring up imaginary dangers, and exaggerating such as he had to

encounter. He now exceedingly longed to lay his head on "the cushion of

the Common Pleas," instead of running the risk of its being laid on the

block on Tower Hill.

Vaughan, the chief justice of that court, died, and North's wishes were

accomplished, notwithstanding some intrigues to elevate Sir William Jones

or Sir William Montagu. When it came to the pinch, North was rather

shocked to think of the sacrifice of profit which he was making, "for the

attorney's place was (with his practice) near seven thousand pounds per

annum, and the cushion of the Common Pleas not above four thousand. But

accepting, he accounted himself enfranchised from the court brigues and

attendances at the price of the difference."

North held the office of chief justice of the Common Pleas nearly eight

years, which may be divided into two periods--1st. From his appointment

till the formation of the Council of Thirty, on the recommendation of Sir

William Temple, in the year 1679; 2dly. From thence till he received the

great seal, in the end of the year 1682. During the former he mixed little

in politics, and devoting himself to his juridical duties, he discharged

them creditably.

At this time, and for long after, the emoluments of the judges in

Westminster Hall depended chiefly upon fees, and there was a great

competition between the different courts for business. The King's Bench,

originally instituted for criminal proceedings, had, by a dexterous use of

their writ of "_latitat_," tricked the Common Pleas of almost all civil

actions; and when the new chief justice took his seat, he found his court

a desert. There was hardly sufficient business to countenance his coming

every day in term to Westminster Hall, while the serjeants and officers

were repining and starving. But he was soon up with the King's Bench, by

a new and more dexterous use of the "_capias_," the ancient writ of that

court--applying it to all personal actions.

At this time, a judge, when appointed, selected a circuit, to which he

steadily adhered, till another, which he preferred, became vacant. Chief

Justice North for several years "rode the western;" and in his charges to

juries, as well as in his conversation with the country gentlemen, he

strongly inculcated the most slavish church-and-king doctrines, insomuch

that the Cavaliers called him "_Deliciæ Occidentis_," or "The Darling of

the West."

The chief justice afterwards went the northern circuit, attended by his

brother Roger, who gives a most entertaining account of his travels, and

who seems to have thought the natives of Northumberland and Cumberland as

distant, as little known, and as barbarous, as we should now think the

Esquimaux or the aborigines of New Zealand.

Till the Popish plot broke out, Chief Justice North had no political

trials before him; and the only cases which gave him much anxiety were

charges of witchcraft. He does not appear, like Chief Justice Hale, to

have been a believer in the black art; but, with his characteristic

timidity, he was afraid to combat the popular prejudice, lest the

countrymen should cry, "This judge hath no religion; he doth not believe

witches." Therefore he avoided trying witches himself as much as possible,

and turned them over to his brother judge, Mr. Justice Raymond, whom he

allowed to hang them. He was once forced to try a wizard; but the fraud of

a young girl, whom the prisoner was supposed to have enchanted and made to

spit pins, was so clearly exposed by the witnesses, that the chief

justice had the boldness to direct an acquittal.

The Popish plot he treated as he did witchcraft. He disbelieved it from

the beginning, but was afraid openly to express a doubt of its reality. He

thought it might be exposed by the press, and he got a man to publish an

anonymous pamphlet against it, to which he contributed; but sitting along

with Chief Justice Scroggs, who presided at the trial of those charged

with being implicated in it, he never attempted to restrain this

"butcher's son and butcher" from slaughtering the victims.

So on the trial of Lord Stafford, though he privately affected severely to

condemn the proceeding, he would not venture to save Lord Nottingham,[90]

the high steward, from the disgrace of assisting in that murder; and he

dryly gave his own opinion that two witnesses were not necessary to each

overt act of treason.

We have still more flagrant proof of his baseness on the trial of Reading,

prosecuted by order of the House of Commons for trying to suppress

evidence of the plot. North himself now presided, and having procured a

conviction, in sentencing the defendant to fine, imprisonment, and

pillory, he said, "I will tell you your offence is so great, and hath such

a relation to that which the whole nation is concerned in, because it was

an attempt to baffle the evidence of that conspiracy, which, if it had not

been, by the mercy of God, detected, God knows what might have befallen

us all by this time."

We now come to present North on the political stage, where he continued to

act a very conspicuous and disreputable part down to the time of his

death. In the year 1679, when the king adopted his new plan of government

by a Council of Thirty, of which Shaftesbury was made president, and into

which Lord Russell and several of the popular leaders were introduced, it

was thought fit to balance them by some determined ultra-royalists; and

the lord chief justice of the Common Pleas, who had acquired himself the

reputation of being the most eminent of that class, was selected, although

he had not hitherto been a privy councillor. At first he seldom openly

gave any opinion in council, but he secretly engaged in the intrigues

which ended in the abrupt prorogation and dissolution of the Parliament,

in the dismissal of Shaftesbury, and the resignation of Lord Russell and

the whigs. The scheme of government was then altered, and a cabinet,

consisting of a small number of privy councillors, was formed, North being

one of them. To his opinion on legal and constitutional questions the

government was now disposed to show more respect than to that of Lord

Chancellor Nottingham.

There being much talk against the court in the London coffee houses, it

was wished to suppress them by proclamation; and our chief justice, being

consulted on the subject, gave this response--that "though retailing of

coffee may, under certain circumstances, be an innocent trade, yet as it

is used at present in the nature of a common assembly to discourse of

matters of state, news, and great persons, it becomes unlawful; and as the

coffee houses are nurseries of idleness and pragmaticalness, and hinder

the consumption of our native provisions, they may be treated as common

nuisances." Accordingly, a proclamation was issued for shutting up all

coffee houses, and forbidding the sale of coffee in the metropolis; but

this caused such a general murmur, not only among politicians and idlers,

but among the industrious classes connected with foreign and colonial

trade, that it was speedily recalled.

The meeting of the new Parliament summoned in the end of 1679 having been

repeatedly postponed, there arose the opposite factions of "Petitioners"

and "Abhorrers"--the former _petitioning_ the king that Parliament might

be speedily assembled for the redress of grievances, and the latter, in

their addresses to the king, expressing their _abhorrence_ of such

seditious sentiments. The "Petitioners," however, were much more numerous

and active, and a council was called to consider how their proceedings

might be stopped or punished. Our chief justice recommended a

proclamation, which the king approved of, and ordered the attorney

general, Sir Creswell Levinz, to draw. Mr. Attorney, alarmed by

considering how he might be questioned for such an act on the meeting of

Parliament, said, "I do not well understand what my lord chief justice

means, and I humbly pray of your majesty that his lordship may himself

draw the proclamation." _King._--"My lord, I think then you must draw this

proclamation." _Chief Justice._--"Sire, it is the office of your majesty's

attorney general to prepare all royal proclamations, and it is not proper

for any one else to do it. I beg that your majesty's affairs may go on in

their due course; but if in this matter Mr. Attorney doubts any thing, and

will give himself the trouble to call upon me, I will give him the best

assistance I can."

Sir Creswell, having written on a sheet of paper the formal commencement

and conclusion of a royal proclamation, carried it to the chief justice,

who filled up the blank with a recital that, "for spurious ends and

purposes relating to the public, persons were going about to collect and

procure the subscriptions of multitudes of his majesty's subjects to

petitions to his majesty; which proceedings were contrary to the known

laws of this realm, and ought not to go unpunished;" and a mandate to all

his majesty's loving subjects, of what rank or degree soever, "that they

presume not to agitate or promote any such subscriptions, nor in any wise

join in any petition in that manner to be preferred to his majesty, upon

pain of the utmost rigor of the law, and that all magistrates and other

officers should take effectual care that all such offenders against the

laws be prosecuted and punished according to their demerits."[91]

Parliament at last met, and strong measures were taken against the

"Abhorrers," who had obstructed the right of petitioning. An inquiry was

instituted respecting the proclamation. Sir Creswell Levinz was placed at

the bar, and asked by whose advice or assistance he had prepared it. He

several times refused to answer; but being hard pressed, and afraid of

commitment to the Tower, he named the Lord Chief Justice North, against

whom there had been a strong suspicion, but no proof. A hot debate arose,

which ended in the resolution, "That the evidence this day given to this

house against Sir Francis North, chief justice of the Common Pleas, is

sufficient ground for this house to proceed upon an impeachment against

him for high crimes and misdemeanors."

He was a good deal alarmed by the vote of impeachment,[92] but it raised

him still higher in favor at court. Next day, presiding in the House of

Lords as speaker, in the absence of the lord chancellor, and seeming very

much dejected, King Charles (according to his manner) "came and clapped

himself down close by him on the woolsack, and 'My lord,' said he, 'be of

good comfort; I will never forsake my friends, as my father did.'" His

majesty, without waiting for a reply, then walked off to another part of

the house.

A committee was appointed to draw up the articles of impeachment against

the chief justice; but before they made any report, this Parliament too

was dissolved.

Soon after the summoning of Charles's last Parliament, North was obliged

to set off upon the spring circuit; and notwithstanding his best efforts

to finish the business rapidly, he could not arrive at Oxford till the two

houses had assembled.

He was one of the small junto to whom was intrusted the secret of

immediate dissolution. The moment the deed was done, he set off for

London, pretending to be afraid of what he called "the positive armament

against the king, which manifestly showed itself at Oxford."

As soon as the Cabinet met at Whitehall, North advised the issuing of a

Declaration to justify the dissolution of the three last Parliaments which

had met respectively at Westminster and Oxford, and himself drew an

elaborate one, which was adopted. This state paper certainly puts the

popular party in the wrong upon the "exclusion question" and other matters

with considerable dexterity, and it was supposed to have contributed

materially to the reaction going on in favor of the government.

So far his conduct was legitimate, and in the fair exercise of his

functions as a privy councillor; but I am sorry to say that he now sullied

his ermine by a flagrant disregard of his duties as a judge. The grand

jury for the city of London having very properly thrown out the bill of

indictment against Stephen College, "the Protestant joiner," it was

resolved to try him at Oxford; and for this purpose a special commission

was issued, at the head of which was placed Lord Chief Justice North.

Burnet says mildly, "North's behavior in that whole matter was such that,

probably, if he had lived to see an impeaching Parliament, he might have

felt the ill effects of it." After perusing the trial, I must say that his

misconduct upon it was most atrocious. The prisoner, being a violent enemy

to Popery, had attended the city members to Oxford as one of their guard,

with "No Popery" flags and cockades, using strong language against the

Papists and their supporters, but without any thought of using force. Yet

the chief justice was determined that he should be found guilty of

compassing and imagining the king's death, and levying war against him in

his realm.[93] College's papers, which he was to use in his defence, were

forcibly taken from him, on the ground that they had been written by some

other persons, who gave him hints what he was to say. They were in reality

prepared by his legal advisers, Mr. Aaron Smith and Mr. West. The

prisoner was checked and browbeaten as often as he put a question or made

an observation. His defence was much more able than could have been

expected from a person in his station of life, but of course he was

convicted. The chief justice, in passing sentence, observed, "Look you,

Mr. College; because you say you are innocent, it is necessary for me to

say something in vindication of the verdict, which I think the court were

all well satisfied with. I thought it was a case that, as you made your

own defence, small proof would serve the turn to make any one believe you

guilty. For, as you defend yourself by pretending to be a Protestant, I

did wonder, I must confess, when you called so many witnesses to your

religion and reputation, that none of them gave an account that they saw

you receive the sacrament within these many years, or any of them

particularly had seen you at church in many years, or what kind of

Protestant you were. But crying aloud against the Papists, it was proved

here who you called Papists. You had the boldness to say the king was a

Papist, the bishops were Papists, and the church of England were Papists.

If these be the Papists you cry out against, what kind of Protestant you

are I know not--I am sure you can be no good one. How it came into your

head, that were but a private man, to go to guard the Parliament, I much

wonder. Suppose all men of your condition should have gone to have guarded

the Parliament, what an assembly had there been! And though you say you

are no man of quality, nor likely to do any thing upon the king's guards

or the king's person, yet if all your quality had gone upon the same

design, what ill consequences might have followed! We see what has been

done by Massaniello, a mean man, in another country--what by Wat Tyler and

Jack Straw in this kingdom." College asked him to fix the day of his

death, but he answered that that depended on the king; adding, in a tone

of great humanity, "that he should have due notice of it to prepare, by

repenting of his crimes." College's innocence was so manifest, that even

Hume, eager to palliate all the atrocities of this reign, says, "that his

whole conduct and demeanor prove him to have been governed by an honest

but indiscreet zeal for his country and his religion." On the 31st of

August, 1681, the sentence, with all its savage barbarities, was carried

into execution. "Sir Francis North," observes Roger Coke, "was a man cut

out, to all intents and purposes, for such a work."

He was next called upon to assist at the immolation of a nobler victim,

who escaped from the horns of the altar. Shaftesbury had been for some

time very careful never to open his mouth on politics out of the city of

London and county of Middlesex, and during the Oxford Parliament had

touched on no public topic except in the House of Lords. It was resolved

at all hazards to bring him to trial; but this could only be done by an

indictment to be found at the Old Bailey. There did North attend when the

indictment was to be preferred, and, resolutely assist Lord Chief Justice

Pemberton in perverting the law,[94] by examining the witnesses in open

court, and by trying to intimidate and mislead the grand jury; but he was

punished by being present at the shout, which lasted an hour, when

"_Ignoramus_" was returned.

He next zealously lent himself to the scheme of the court for upsetting

the municipal privileges of the city of London, and of obtaining sheriffs

for London and Middlesex who would return juries at the will of the

government. The lord mayor having been gained over, and the stratagem

devised of creating a sheriff by the lord mayor drinking to him, instead

of by the election of his fellow-citizens, the difficulty was to find any

freeman of fair character who would incur all the odium and risk of being

so introduced to the shrievalty. It so happened that at that time there

returned to England a brother of the chief justice, Mr. Dudley, afterwards

Sir Dudley North, who was free of the city from having been apprenticed

there to a merchant, and who had amassed considerable wealth by a long

residence in Turkey. It being suggested at court that this was the very

man for their sheriff; "the king very much approved of the person, but was

very dubious whether the chief justice, with his much caution and wisdom,

would advise his brother to stand in a litigious post. But yet he resolved

to try; and one day he spoke to Sir Francis with a world of tenderness,

and desired to know if it would be too much to ask his brother Dudley to

hold sheriff on my lord mayor's drinking." The wily chief justice

immediately saw the advantage this proposal might bring to the whole

family, and returned a favorable answer. "For matter of title," says

Roger, "he thought there was more squeak than wool; for whatever people

thought was at the bottom, if a citizen be called upon an office by the

government of the city, and obeys, where is the crime? But then such a

terrible fear was artificially raised up in the city as if this service

was the greatest hazard in the world." Sir Francis gently broke the matter

to his brother, saying "that there was an opportunity which preferred

itself whereby he might make a fortune if he wanted it, and much enlarge

what he had, besides great reputation to be gained, which would make him

all the days of his life very considerable, laying open the case of the

lord mayor's right very clear and plain, against which in common sense

there was no reply." Dudley, however, made many objections, and talked of

the terrible expense to which he should be exposed. The chief justice

urged that if he served, the obligation was so transcendent, that there

could be no employment by commission from the crown which would not fall

to his share, "and as for the charge," said he, "here, brother, take a

thousand pounds to help make good your account, and if you never have an

opportunity by pensions or employments to reimburse you and me, I will

lose my share; else I shall be content to receive this thousand pounds out

of one half of your pensions when they come in, and otherwise not at all."

The merchant yielded; and under this pure bargain, proposed by the judge

before whom the validity of the appointment might come to be decided, when

his health was given by the lord mayor as sheriff of London and Middlesex,

he agreed to accept the office.

But the old sheriffs insisted on holding a common hall for the election of

their successors, according to ancient usage, on Midsummer day; when Lord

Chief Justice North had the extreme meanness, at the king's request, to go

into the city and take post in a house near Guildhall, belonging to Sir

George Jeffreys, "who had no small share in the conduct of this affair, to

the end that if any incident required immediate advice, or if the spirits

of the lord mayor should droop, which in outward appearance were but

faint, there might be a ready recourse." It is true the opposite faction

had the Lord Grey de Werke and other leaders from the west end of the

town, to advise and countenance them; but this could be no excuse for a

judge so degrading himself. The poll going for the popular candidates, the

lord mayor, by Chief Justice North's advice, under pretence of a riot,

attempted to adjourn the election; but the sheriffs required that the

polling should continue, and declared Papillon and Dubois duly elected.

This causing great consternation at Whitehall, a council was called, to

which the lord mayor and aldermen were summoned. Lord Chief Justice North,

by the king's command, addressed them, saying, "that the proceedings of

the sheriffs at the common hall after the adjournment were not only

utterly null and void, but the persons were guilty of an audacious riot

and contempt of lawful authority, for which by due course of law they

would be severely punished; but in the mean time it was the lord mayor's

duty and his majesty's pleasure that they should go back to the city and

summon the common hall, and make election of sheriffs for the year

ensuing." The lord mayor, having been told that the courtiers would

bamboozle him and leave him in the lurch, when North had concluded, said,

"My lord, will your lordship be pleased to give me this under your hand?"

The king and all the councillors were much tickled to see the wily chief

justice thus nailed, "expecting some turn of wit to fetch himself off, and

thinking to have sport in seeing how woodenly he would excuse himself."

But to their utter astonishment, for once in his life Francis North was

bold and straightforward, and cheating them all, he answered, without any

hesitation, "Yes, and you shall have it presently." Then seizing a pen, he

wrote, "I am of opinion that it is in the lord mayor's power to call,

adjourn, and dissolve the common hall at his pleasure, and that all acts

done there, as of the common hall, during such adjournment, are mere

nullities, and have no legal effect." This he signed and handed to the

lord mayor, who then promised obedience.

Accordingly, another common hall was called, at which it was pretended

that Sir Dudley North and Rich were elected, and they were actually

installed in the office of sheriff. By the contrivance of Lord Chief

Justice North, the office of lord mayor for the ensuing year was likewise

filled by a thorough passive-obedience tool of the court. Gould, the

liberal candidate, had a majority of legal votes on the poll, but under a

pretended scrutiny, Pritchard was declared duly elected, and Sir John

More, the renegade mayor, willingly transferred to him the insignia of

chief magistrate, so that the king had now the city authorities completely

at his devotion. Shaftesbury fled to Holland; and it was for the court to

determine when the blow should be struck against the popular leaders who

remained.

Such were the services of Lord Chief Justice North, which all plainly saw

would ere long be rewarded by higher promotion. The health of Lord

Nottingham, the chancellor, was rapidly declining, and the court had

already designated his successor. Lord Craven, famous for wishing to

appear intimate with rising men, in the circle at Whitehall, now seized

Lord Chief Justice North by the arm and whispered in his ear; and the

foreign ambassadors so distinctly saw the shadow of the coming event that

they treated him with as great respect as if he had been prime minister,

"and when any of them looked towards him and thought he perceived it, they

very formally bowed."

We are told that in many things North acted as "co-chancellor" with

Nottingham; and for the first time the office of chancellor seems to have

been like that of sheriff of Middlesex, one in its nature, but filled by

two officers of equal authority. It is said that "the _aspirant_ dealt

with all imaginable kindness and candor to the _declinant_, and that never

were predecessor and successor such cordial friends to each other, and in

every respect mutually assistant, as those two were."

While the lord chancellor was languishing, the chief justice being at

Windsor, the king plainly intimated to him that when the fatal event,

which must be shortly looked for, had taken place, the great seal would be

put into his hands. He modestly represented himself to his majesty as

unfit for the place, and affected by all his art and skill to decline it.

In truth, he really wished to convey to the king's mind the impression

that he did not desire it, although he had been working so foully for

it--as he knew it would be pressed upon him, there being no competitor so

knowing and so pliant, and he had an important stipulation to make for a

pension before he would accept it. When he came back to London, and

confidentially mentioned what had passed between him and the king, he

pretended to be annoyed, and said "that if the seal were offered to him he

was determined to refuse it;" but it is quite clear that he was highly

gratified to see himself so near the great object of his ambition, and

that his only anxiety now was, that he might drive a good bargain when he

should consent to give up "the cushion of the Common Pleas."

Lord Nottingham having died about four o'clock in the afternoon of Monday,

the 18th of December, 1682, the great seal was carried next morning from

his house, in Great Queen Street, to the king at Windsor. The following

day his majesty brought it with him to Whitehall, and in the evening sent

for the lord chief justice of the Common Pleas, to offer it to him. When

North arrived, he found Lord Rochester, the treasurer, and several other

ministers, closeted with Charles. As yet there was no distinction between

the funds to be applied to the king's private expenses and to the public

service--the exchequer being now very empty, and the resolution being

taken never more to summon a Parliament for supplies--it was considered an

object that the keeper of the great seal should be contented with the fees

of his office, without any allowance or pension from the crown. Charles

himself was careless about such matters, but the treasurer had inculcated

upon him the importance of this piece of economy. As soon as North

entered, his majesty offered him the seal, and the ministers began to

congratulate the new lord keeper; but, with many acknowledgments for his

majesty's gracious intentions, he begged leave to suggest the necessity,

for his majesty's honor, that a pension[95] should be assigned to him, as

it had been to his predecessor, for otherwise the dignity of this high

office could not be supported. Rochester interposed, pointing out the

necessity, in times like these, for all his majesty's servants to be ready

to make some sacrifices; that the emoluments of the great seal were

considerable; and that it would be more becoming to trust to his majesty's

bounty than to seek to drive a hard bargain with him. But Sir George

Jeffreys being yet only a bustling city officer, who could not with any

decency have been put at the head of the law; the attorney and solicitor

general not being considered men of mark or likelihood; Sir Harbottle

Grimston, the master of the rolls, being at death's door, and no other

common law judge besides himself being produceable, the little gentleman

was firm, and positively declared that he would not touch the great seal

without a pension. After much haggling, a compromise took place, by which

he was to have two thousand pounds a year instead of the four thousand

pounds a year assigned to his predecessor. The king then lifted up the

purse containing the seal, and putting it into his hand, said, "Here, my

lord, take it; you will find it heavy." "Thus," says Roger North, "his

majesty acted the _prophet_ as well as the _king_; for, shortly before his

lordship's death, he declared that, _since he had the seal, he had not

enjoyed one easy and contented minute_."

When the new lord keeper came home at night from Whitehall to his house in

Chancery Lane, bringing the great seal with him, and attended by the

officers of the Court of Chancery, instead of appearing much gratified, as

was expected by his brother and his friends, who were waiting to welcome

him, he was in a great rage--disappointed that he had not been able to

make a better bargain, and, perhaps, a little mortified that he had only

the title of "lord keeper" instead of the more sounding one of "lord

chancellor." Recriminating on those with whom he had been so keenly acting

the chapman, he exclaimed, "To be haggled with about a pension, as at the

purchase of a horse or an ox! After I had declared that I would not accept

without a pension, to think I was so frivolous as to insist and desist all

in a moment! As if I were to be wheedled and charmed by their

insignificant tropes! To think me worthy of so great a trust, and withal

so little and mean as to endure such usage! It is disobliging,

inconsistent, and insufferable. What have I done that may give them cause

to think of me so poor a spirit as to be thus trifled with?" It might

have been answered that, though the king and the courtiers made use of him

for their own ends, they had seen his actions, understood his character,

and had no great respect for him. Till Jeffreys was a little further

advanced, they could not run the risk of breaking with him; but then he

was subjected to all sorts of mortifications and insults.

On the first day of the following Hilary term he took his place in the

Court of Chancery. By this time he was in possession of his predecessor's

house in Great Queen Street, Lincoln's Inn Fields, and he had a grand

procession from thence to Westminster Hall, attended by the Duke of

Ormond, the Earls of Craven and Rochester, the great officers of state,

and the judges. He took the oaths, the master of the rolls holding the

book. He does not appear to have delivered any inaugural address. The

attendant lords staid and heard a motion or two, and then departed,

leaving the lord keeper in court.

They might have been well amused if they had remained. For the crooked

purposes of the government, with a view to the disfranchising of the city

of London by the _quo warranto_ defending against it, Pemberton[96] was

this day to be removed from being chief justice of the King's Bench to be

chief justice of the Common Pleas, and Edmund Saunders was to be at once

raised from wearing a stuff gown at the bar to be chief justice of the

King's Bench. This keen but unscrupulous lawyer was previously to be made

a serjeant, that he might be qualified to be a judge, and, coming into the

Court of Chancery, he presented the lord keeper with a ring for himself,

and another for the king, inscribed with the courtly motto, "_Principi sic

placuit_." The lord keeper then accompanied him into court where he was to

preside, called him to the bench, and made him a speech on the duties of

his office. The ceremonies of the day were concluded by his lordship

afterwards going to his old court, the Common Pleas, and there swearing in

Pemberton as his successor, whom he congratulated upon "the ease with

dignity" which he was now to enjoy.

Parasites and preferment-hunters crowded the levee of the new lord keeper.

He was immediately waited upon by the courtly Evelyn, who discovered in

him a thousand good qualities.[97]

In the midst of these blandishments he applied himself with laudable

diligence to the discharge of his judicial duties. He declared that he was

shocked by many abuses in the Court of Chancery, and he found fault with

the manner in which his two predecessors, Bridgeman and Nottingham, had

allowed the practice of the court to lead to delay and expense.

North's conduct as a law reformer was extremely characteristic. He talked

much of issuing a new set of "rules and orders" to remedy all abuses, but

he was afraid "that it would give so great alarm to the bar and officers,

with the solicitors, as would make them confederate and demur, and, by

making a tumult and disturbance, endeavor to hinder the doing any thing

of that kind which they would apprehend to be very prejudicial to their

interests."[98] Then, when he wished to simplify the practice and to speed

causes to a hearing and final decree, he considered that he was not only

to regard the suitors, but that "there was a justice due as well to the

crown, which had advantage growing by the disposition of places, profits,

by process of all sorts, as also the judges and their servants, and

counsel at the bar, and solicitors, who were all in possession of their

advantages, and by public encouragement to spend their youth to make them

fit for them, and had no other means generally to provide for themselves

and their families, and had a right to their reasonable profits, if not

strictly by law, yet through long connivance."

I think we must say that his alleged merit as a chancery reformer consists

chiefly in the profession of good intentions; that he allowed the practice

of the court to remain pretty much as he found it; and that if he saw and

approved what was right, he followed what was wrong--aggravating his

errors by disregarding the strong dictates of his conscience.

Nevertheless, he applied himself very assiduously to the business of his

court, which, from his experience at the bar, and from his having often

sat for his predecessor, was quite familiar to him; and he seems to have

disposed of it satisfactorily. He was not led into temptation by having to

decide in equity any political case; and no serious charge was preferred

against him of bribery or undue influence. Till the meeting of Parliament

in the reign of James, and the failure of his health, he prevented the

accumulation of arrears; and, upon the whole, as an Equity judge, he is to

be praised rather than censured.

I wish as much could be said of his political conduct while he held the

great seal. He may have _wished_ "to bring the king to rule wholly by law,

and to do nothing which, by any reasonable construction, might argue the

contrary;" but for this purpose he would make feeble efforts, and no

sacrifice; and all the measures of the court, however profligate, when

resolved upon, he strenuously assisted in carrying into execution.

The ministers who now bore sway, and who were on several points opposed to

each other, were Halifax, Sunderland, and Rochester. The Duke of York,

restored to the office of lord high admiral and to the Privy Council, in

direct violation of the "test act," had so much influence, that it was

said that "to spite those who wished to prevent him from reigning at the

king's death, he was permitted to reign during the king's life." The

Duchess of Portsmouth was likewise at the head of a party at court,

although Mrs. Gwin, her Protestant rival, did not interfere with politics.

With none of these would the lord keeper combine. His policy was to study

the peculiar humors of the king--to do whatever would be most agreeable

personally to him--to pass for "the king's friend"--and to be "_solus cum

solo_."

Charles, although aware of his cunning and his selfishness, was well

pleased with the slavish doctrines he laid down, and with the devoted zeal

he expressed for the royal prerogative; and till Jeffrey's superior vigor,

dexterity, and power of pleasing gained the ascendancy, usually treated

him with decent consideration.

He never would give any opinion on foreign affairs, nor attend a committee

of council summoned specially to consider them, professing himself, for

want of a fit education and study, incompetent to judge at all of these

matters, and declaring, like a true courtier, that "King Charles II.

understood foreign affairs better than all his councils and councillors

put together." But he regularly attended all other cabinet meetings, and

when there was any business of a judicial nature to be done at the

council-table, he always presided there, "the lord president not having

the art of examining into and developing cases of intricacy."

The first of these in which he had to display his powers, was the

disfranchisement of the city of London. Saunders, counsel in the _quo

warranto_, having been appointed chief justice, to decide in favor of the

sufficiency of the pleadings which he himself had drawn, the opinion of

the Court of King's Bench had been pronounced for the crown, "that all the

city charters were forfeited." Formal judgment was not yet entered on the

record, to give an opportunity to the mayor, aldermen and citizens, to

make their submission and to accept terms which might henceforth

annihilate their privileges and make them the slaves of the government.

They accordingly did prepare a petition to the king, imploring his

princely compassion and grace, which they presented to him at a council

held at Windsor on the 18th of June, 1683. The petition being read, they

were ordered to withdraw, and when they were again called in, the lord

keeper thus addressed them, disclosing somewhat indiscreetly the real

motives for the _quo warranto_: "My lord mayor, I am by the king's command

to tell you that he hath considered the humble petition of the city of

London, where so many of the present magistrates and other eminent

citizens are of undoubted loyalty and affection to his service; that for

their sakes his majesty will show the city all the favor they can

reasonably desire. It was very long before his majesty took resolutions

to question their charter; it was not the seditious discourses of the

coffee-houses, the treasonable pamphlets and libels daily published and

dispersed thence into all parts of the kingdom, the outrageous tumults in

the streets, nor the affronts to his courts of justice, could provoke him

to it. His majesty had patience until disorders were grown to that height,

that nothing less seemed to be designed than a ruin to the government both

of church and state." After pointing out the mischief of having factious

magistrates, he adds: "It was high time to put a stop to this growing

evil. This made it necessary for his majesty to inquire into the abuses of

franchises, that it might be in his power to make a regulation sufficient

to restore the city to its former good government." He then stated the

regulations to which they were required to assent, among which were--"That

no lord mayor, sheriff, or other officer should be appointed without the

king's consent; that the king might cashier them at his pleasure; that if

the king disapproved of the sheriffs elected, he might appoint others by

his own authority; and that the king should appoint all magistrates in the

city by his commission, instead of their being elected as hitherto."

The citizens refused to comply with these terms, and judgment was entered

up. Thus, on the most frivolous pretexts, and by a scandalous perversion

of the forms of law, was the city of London robbed of the free

institutions which it had enjoyed, and under which it had flourished for

many ages. The proceeding was less appalling to the public than the trial

and execution of eminent patriots, but was a more dangerous blow to civil

liberty. London remained disfranchised, and governed by the agents of the

crown, during the rest of this reign, and till the expected invasion of

the Prince of Orange near the conclusion of the next--when, too late, an

offer was made to restore its charters with all its ancient privileges.

Immediately after the revolution, they were irrevocably confirmed by act

of Parliament.

The lord keeper's conduct in this affair gave such high satisfaction at

court, that, as a reward for it, he was raised to the peerage by the title

of Baron Guilford. His brother says that he did not seek the elevation

from vanity, but that he might be protected against the attacks which

might hereafter be made upon him in the House of Commons. He obtained it

on the recommendation of the Duke of York, who overlooked his dislike of

Popery in respect of his steady hatred to public liberty.

To show his gratitude, the new peer directed similar proceedings to be

commenced against many other corporations, which ended in the forfeiture

or surrender of the charters of most of the towns in England in which the

liberal party had enjoyed an ascendancy.

Gilbert Burnet,[99] about this time appointed preacher at the rolls,

thought he had secured a protector in the lord keeper; but as soon as this

whig divine had incurred the displeasure of the court, his lordship wrote

to the master of the rolls that the king considered the chapel of the

rolls as one of his own chapels, and that Dr. Burnet must be dismissed as

one disaffected to the government. In consequence, he was obliged to go

beyond seas, and to remain in exile, till he returned with King William.

Soon after followed the disgraceful trials for high treason, which arose

out of the discovery of the rye-house plot. The lord keeper did not

preside at these; but having directed them--superintending the general

administration of justice, and especially bound to see that the

convictions had been obtained on legal evidence--he is deeply responsible

for the blood that was shed. He must have known that if, in point of law,

the witnesses made out a case to be submitted to the jury against Lord

Russell, that virtuous nobleman was really prosecuted for his support of

the exclusion bill; and he must have seen that against Algernon Sydney no

case had been made out to be submitted to the jury, as there was only one

witness that swore to any thing which could be construed into an overt act

of treason, and the attempt to supply the defect by a MS. containing a

speculative essay on government, which was found in his study, and had

been written many years before, was futile and flagitious. Yet did he sign

the death-warrants of both these men, whose names have been honored, while

his has been execrated in all succeeding times.

It is edifying and consolatory to think that he was outdone by his own

arts, and that the rest of his career was attended by almost constant

mortification, humiliation, and wretchedness. Saunders enjoyed the office

of chief justice of the king's bench only for a few months, being carried

off by an apoplexy soon after the decision of the great London _quo

warranto_ cause. An intrigue was immediately set on foot to procure the

appointment for Jeffreys, who had more than ever recommended himself to

the court by his zeal on the trial of Lord Russell, in which he had

eclipsed the attorney and solicitor general; and he was anxiously wanted

to preside at the trial of Sydney, against whom the case was known to be

so slender, but who was particularly obnoxious on account of his late

quarrel with the Duke of York, and his sworn enmity to despotism.[100]

The pretensions of Jeffreys were supported by Sunderland, probably out of

ill will to the lord keeper, who had intuitively shown a great jealousy of

the new favorite. But the proposal produced great opposition and

bickerings among different sections of courtiers. The lord keeper of

course resisted it _totis viribus_, representing to the king that the

office, according to ancient and salutary usage, ought to be offered to

the attorney and solicitor general, who had been irregularly passed over

on the appointment of the late chief justice, to gain an object of such

magnitude as the forfeiture of the city charters; that Saunders was a man

of immense learning, which countenanced _his_ sudden elevation; but that

Jeffreys, though gifted with a fluency of speech, was known to be unequal

to so high an office; and that the whole profession of the law, and the

public, would condemn an act so arbitrary and capricious. Charles was, or

pretended to be, impressed by these arguments, which he repeated to

Sunderland, and the office was kept vacant for three months after the

death of Saunders. But on the 29th of September, the lord keeper had the

mortification to put the great seal to the writ constituting Jeffreys

"chief justice of England," and on the first day of the following

Michaelmas term to make a speech, publicly congratulating him on his rise

to the supreme seat of criminal justice, so well merited by his learning,

his abilities, and his services.

What was worse, the new lord chief justice was not only sworn a privy

councillor, but, in a few weeks, was admitted into the cabinet, where he,

from the first, set himself to oppose the opinions, and to discredit the

reputation, of him who, he knew, had opposed his appointment, and whom

(his ambition being still unsatiated) he was resolved, in due time, to

supplant.

Jeffreys began with interfering very offensively in the appointment of

puisne judges, which of right belonged to the lord keeper. At first he was

contented with the reputation of power in this department.

He next resolved to make a judge, by his own authority, of a man almost as

worthless as himself. This was Sir Robert Wright, who had never had any

law, who had spent his patrimony in debauchery, and who, being in great

distress, had lately sworn a false affidavit to enable him to commit a

fraud upon his own mortgagee.[101]

Jeffreys was not satisfied with his triumph without proclaiming it to all

Westminster Hall. "Being there that same morning, while the Court of

Chancery was sitting, he beckoned to Wright to come to him, and giving him

a slap on the shoulder, and whispering in his ear, he flung him off,

holding out his arms towards the lord keeper. This was a public

declaration _that, in spite of that man above there, Wright should be a

judge_. His lordship saw all this as it was intended he should, and it

caused some melancholy." But he found it convenient to pocket the insult:

he put the great seal to Wright's patent, and assisted at the ceremony of

his installation. There is no trace of the lord keeper's speech on this

occasion, so that we do not know in what terms he complimented the new

judge on his profound skill in the law, his spotless integrity, and his

universal fitness to adorn the judgment seat.

When heated with liquor, Jeffreys could not now conceal his contempt for

the lord keeper, even in the king's presence. It is related that, upon the

hearing of a matter before the council, arising out of a controversy for

jurisdiction between two sets of magistrates, Guilford proposed some sort

of compromise between them, when the lord chief justice, "flaming drunk,"

came from the lower to the upper end of the board, and "talking and

staring like a madman," bitterly inveighed against "trimmers," and told

the king "he had _trimmers_ in his court, and he never would be easy till

all the _trimmers_ were sent about their business." "The lord keeper,

knowing that these darts were aimed at him,[102] moved the king that the

whole business should be referred to the lord chief justice, and that he

should make a report to his majesty in council of what should be fit to be

done." This was ordered, and Guilford seems to have entertained a hope

that Jeffreys, from the state of intoxication he was in, would entirely

forget the reference, and so might fall into disgrace.[103]

But the most serious difference between them in Charles's time was on the

return of Jeffreys from the northern circuit in the autumn of 1684, when,

backed by the Duke of York, he had a deliberate purpose of immediately

grasping the great seal. At a cabinet council, held on a Sunday evening,

he stood up, and addressing the king while he held in his hands the rolls

of the recusants in the north of England--"Sir," said he, "I have a

business to lay before your majesty which I took notice of in the north,

and which well deserves your majesty's royal commiseration. It is the case

of numberless members of your good subjects that are imprisoned for

recusancy:[104] I have the list of them here to justify what I say. They

are so many that the great jails cannot hold them without their lying one

upon another." After tropes and figures about "rotting and stinking in

prison," he concluded with a motion to his majesty "that he would, by his

pardon, discharge all the convictions for recusancy, and thereby restore

air and liberty to these poor men." This was a deep-laid scheme, for

besides pleasing the royal brothers, one of whom was a secret, and the

other an avowed Papist, he expected that Guilford must either be turned

out for refusing to put the great seal to the pardon, or that he would

make himself most obnoxious to the public, and afterwards to Parliament,

by compliance. A general silence prevailed, and the expectation was that

Halifax or Rochester, who were strong Protestants, would have stoutly

objected. The lord keeper, alarmed lest the motion should be carried, and

seeing the dilemma to which he might be reduced, plucked up courage and

said, "Sir, I humbly entreat your majesty that my lord chief justice may

declare whether all the persons named in these rolls are actually in

prison or not?" _Chief Justice._--"No fair man could suspect my meaning to

be that all these are actual prisoners; for all the jails in England would

not hold them. But if they are not in prison, their case is little

better; for they lie under sentence of commitment, and are obnoxious to be

taken up by every peevish sheriff or magistrate, and are made to redeem

their liberty with gross fees, which is a cruel oppression to them and

their families." _Lord Keeper._--"Sir, I beg your majesty will consider

what little reason there is to grant such a general pardon at this time.

For they are not all Roman Catholics that lie under sentence of recusancy,

but sectaries of all kinds and denominations; perhaps as many, or more,

who are all professed enemies to your majesty and your government in

church and state. They are a turbulent people, and always stirring up

sedition. What will they not do when your majesty gives them a discharge

at once? Is it not better that your enemies should live under some

disadvantages, and be obnoxious to your majesty's pleasure, so that, if

they are turbulent or troublesome, you may inflict the penalties of the

law upon them? If there be any Roman Catholics whom you wish to favor,

grant to them a particular and express pardon, but do not by a universal

measure set your enemies as well as your friends at ease. The ill uses

that would be made of such a step to the prejudice of your majesty's

interests and affairs are obvious and endless."[105] The king was much

struck with these observations, urged with a boldness so unusual in the

lord keeper. The other lords wondered, and the motion was dropped.

The lord keeper, not without reason, boasted of this as the most brilliant

passage of his life. When he came home at night, he broke out in

exclamations--"What can be their meaning? Are they all stark mad?" And

before he went to bed, as a memorial of his exploit, he wrote in his

almanack, opposite to the day of the month, "Motion _cui solus obstiti_."

By such an extraordinary exhibition of courage, to which he was driven by

the instinct of self-preservation, he escaped the peril which Jeffreys had

planned for him, and he retained the great seal till the king's death.

In the morning of Monday, the 2d of February, 1685, he was sent for to

Whitehall, by a messenger announcing that his majesty had had an

apoplectic seizure. According to the ancient custom and supposed law when

the sovereign is dangerously distempered, the Privy Council was

immediately assembled; and the lord keeper examined the king's

physicians.[106] "Their discourse ran upon indefinites--what they

observed, their method intended, and success hoped. He said to them, _that

these matters were little satisfactory to the council, unless they would

declare, in the main, what they judged of the king's case; whether his

majesty was like to recover or not_? But they would never be brought to

that; _all lay in hopes_."

With short intervals the council continued to sit day and night. After a

time, the physicians came into the council chamber, smiling, and saying

they had good news, for the king had a fever. _Lord Keeper._--"Gentlemen,

what do you mean? Can any thing be worse?" _First Physician._--"Now we

know what to do." _Lord Keeper._--"What is that?" _Second Physician._--"To

give him the cortex." The exhibition of Jesuits' bark was sanctioned by

the council, but proved fatal, and being continued, while the poor king

grew weaker and weaker, at the end of four days he expired. The lord

keeper and the council were kept in ignorance of the fact that Chiffinch

(accustomed to be employed on royal errands of a different sort) had been

sent for a Roman Catholic priest, to receive his confession and administer

the sacraments to him, when he had declined the spiritual assistance of a

bishop of the church of England.

The council was still sitting when the news was brought that Charles was

no more. After a short interval, James, who, leaving the death-bed of his

brother, had decently engaged in a devotional exercise in his own closet,

entered the apartment in which the councillors were assembled, and all

kneeling down, they saluted him as their sovereign. When he had seated

himself in the chair of state, and delivered his declaration, which, with

very gracious expressions, smacked of the arbitrary principles so soon

acted upon, Lord Guilford surrendered the great seal into his hands, and

again received it from him with the former title of lord keeper. James

would, no doubt, have been much better pleased to have transferred it to

Jeffreys; but it was his policy, at the commencement of his reign, to make

no change in the administration, and he desired all present to retain the

several charges which they held under his deceased brother, assuring them

that he earnestly wished to imitate the good and gracious sovereign whose

loss they deplored.

Jeffreys, though continued a member of the cabinet, was probably a good

deal disappointed, and he resolved to leave nothing undone to mortify the

man who stood between him and his object, and to strike him down as soon

as possible.

The first question upon which James consulted the council was respecting

the levying of the duties of customs and excise, which had been granted by

Parliament only during the life of the late king. The lord keeper

intimating a clear conviction that Parliament would continue the grant as

from the demise of the crown, recommended a proclamation requiring that

the duties should be collected and paid into the exchequer, and that the

officers should keep the product separate from other revenues till the

next session of Parliament, in order to be disposed of as his majesty and

the two houses should think fit. But the lord chief justice represented

this advice as low and trimming, and he moved that "his majesty should

cause his royal proclamation to issue, commanding all officers to collect,

and the subjects to pay, these duties for his majesty's use, as part of

the royal revenue." The lord keeper ventured humbly to ask his majesty to

consider whether such a proclamation would be for his service, as it might

give a handle to his majesty's enemies to say that his majesty, at the

very entrance upon his government, levied money of the subject without the

authority of Parliament. The chief justice's advice was far more

palatable. The proclamation which he recommended was therefore ordered to

be drawn up, and was immediately issued. The lord keeper had the baseness

to affix the great seal to this proclamation, thinking as he did of its

expediency and legality. But rather than resign or be turned out of his

office, he was ready to concur in any outrage on the constitution, or to

submit to any personal indignity.

A Parliament was found indispensable; and, counting on the very loyal

disposition manifested by the nation, writs for calling one were issued,

returnable the 19th of May.

As that day approached, the lord keeper began to write the speech which he

expected to deliver in the presence of the king to the two houses on their

assembling. He was much pleased with this performance, on which he had

taken uncommon pains, and when finished, he read it to his brother and his

officers, who highly applauded it. But what was his consternation when he

was told that he was not to be allowed to open his mouth upon the

occasion![107]

Parliament meeting, the course was adopted which has been followed ever

since. Instead of having on the first day of the session, before the

choice of a speaker by the Commons, one speech from the king, and another

from the lord chancellor or lord keeper, to explain the causes of the

summons, the Commons being sent for by the black rod, the lord keeper

merely desired them to retire to their own chamber and choose a speaker,

and to present him at an hour which was named, for his majesty's

approbation. The speaker being chosen and approved of, and having demanded

and obtained a recognition of the privileges of the Commons, on the

following day the king himself made a speech from the throne, and

immediately withdrew.

But this speech was not in modern fashion settled at the cabinet; nor was

it read the evening before at the Cockpit, or to the chief supporters of

the government in both houses at the dinner-table of the two leaders

respectively; nor was it to be treated as the speech of the minister. "At

least the lord keeper had no hand in it; for he was not so much as

consulted about either the matter or expressions the king intended to use,

as one might well judge by the unguarded tenor of it."

Yet he still was mean enough to cling to office, and to do what he could

for a government impatient to get rid of him. He had been very active in

the elections; and by his influence had procured the return of a good many

zealous church-and-king members. "And to make the attendance easy to these

gentlemen, whose concerns were in the country, he took divers of them to

rack and manger in his family, where they were entertained while the

Parliament sat." But nothing which he could do would mitigate the

hostility of those who had vowed his destruction.

At the meeting of Parliament, Jeffreys was made a peer, that he might have

the better opportunity to thwart and insult the lord keeper; although

there had been no previous instance of raising a common-law judge to the

peerage.

There were several appeals from decrees of the lord keeper speedily

brought to a hearing. "Jeffreys affected to let fly at them, to have it

thought that he was fitter to be chancellor." He attended, neglecting all

other business; and during the argument, and in giving his opinion, took

every opportunity of disparaging the lord keeper's law, preparatory to

moving reversals. He was particularly outrageous in the case of _Howard_

v. _The Duke of Norfolk_, being emboldened to talk confidently on matters

with which he was not much acquainted, by having to rest on the reputation

of Lord Nottingham. That great equity lawyer, contrary to the opinion of

the two chief justices and the chief baron, whom he had called in to

assist him, had held that an equitable estate tail might be created in a

term of years; but his successor had reversed his decree, and the decree

of reversal was now under appeal. "Lord Chief Justice Jeffreys, by means

of some encouragement he had met with, took upon him the part of slighting

and insulting his lordship on all occasions that proffered. And here he

had a rare opportunity; for, in his rude way of talking, and others of a

party after him, he battered the poor decree; not without the most

indecent affronts to his lordship that in such an assembly ever were

heard." The courtesy now prevailing between law lords of opposite

political parties was not then known between colleagues sitting in the

same cabinet; and the poor lord keeper was assailed by the coarsest

vituperation, and the most cutting ridicule. The second Earl of

Nottingham, son of the chancellor, "who hated him because he had

endeavored to detract from his father's memory," likewise took this

opportunity to attack him, and got together many instances of his ill

administration of justice, and greatly exposed him. He was not roused into

retaliation or resistance; and he contented himself with a dry legal

argument. The decree was reversed; and when he announced that the

_contents had it_, he must have felt as if he had been sounding his own

death knell. The lay lords who voted could have known nothing of the

merits of such a nice question; and must have been guided by favor or

enmity to the lord keeper or the lord chief justice. What rendered the

defeat and contemptuous usage the more galling was the presence of the

king; for James, like his brother, attended in the House of Lords when any

thing interesting was coming on; and walked about the house, or stood by

the fire, or sat in his chair of state or on the woolsack, as suited his

fancy.

"Having opened this scene," says Roger, "we are not to expect other than

opposition, contempt, and brutal usage, of that chief towards his lordship

while he lived."

There were few debates in the House of Lords during this short session;

but, even in going through the common forms of the House, Jeffreys found

opportunities publicly to testify his contempt for the lord keeper; and in

the cabinet, in discussing the dispensation to be granted to Catholic

officers to serve in the army, and other subjects, he constantly laid

traps for him, with a view of either making him obnoxious to the king, or

odious to the public--who considered him the author of every declaration

or dispensation which passed the great seal.

Sunderland and other members of the cabinet openly joined in this

persecution, and "he was little less than derided by them. Being soon to

be laid aside, he was not relied upon in any thing, but was truly a

seal-keeper rather than a minister of state, and kept on for despatch of

the formularies, rather than for advice or trust." Why did he not resign?

It is difficult to understand the reasoning of his brother, who thus

accounts for his continuing to bear such insults:--"His lordship was so

ill used at court by the Earl of Sunderland, Jeffreys, and their

sub-sycophants, that I am persuaded if he had had less pride of heart, he

had been tempted to have delivered up the seal in full health. But he

cared not to gratify, by that, such disingenuous enemies. He cared not to

humor these barkers, or to quit his place before he might do it with

safety to his dignity. He intended to stay till the king would bear him no

longer, and then make it his majesty's own act to remove him."

He felt keenly a sense of the insignificance and disfavor into which he

had fallen; and the anticipation of "the worse remaining behind," when he

was to be finally kicked out, preyed upon his spirits. No longer was he

ear-wigged by the Lord Cravens, who worship a favorite; no more did the

foreign ambassadors bow low when they thought that he observed them: his

levee was now deserted; he seemed to himself to discover a sneer on every

countenance at Whitehall; and he suspected that the bar, the officers of

the court, and the bystanders in chancery, looked at him as if they were

sure of his coming disgrace. To shade himself from observation, while he

sat on the bench he held a large nosegay before his face.

Dreadfully dejected, he lost his appetite and his strength. He could not

even get through the business of the court; and _remanets_ multiplying

upon him kept him awake at night, or haunted him in his sleep. He drooped

so much, that for some time he seemed quite heart-broken. At last, he had

an attack of fever, which confined him to his bed.

The coronation was approaching, and it was important that he should sit in

the "Court of Claims." Having recovered a little by the use of Jesuits'

bark, he presided there, though still extremely weak; and he walked at the

coronation "as a ghost with the visage of death upon him, such a sunk and

spiritless countenance he had."

While he was in this wretched state, news arrived that the Duke of

Monmouth had landed in the west of England and raised the standard of

rebellion. The Parliament, having come to a number of loyal votes, having

attainted the duke, and granted a supply, was adjourned, that the members

might assist in preserving tranquillity in their several districts.

The lord keeper talked of resigning, and wrote a letter to the Earl of

Rochester, to ask leave to go into the country for the recovery of his

health, saying, "I have put myself into the hands of a doctor, who assures

me of a speedy cure by entering into a course of physic." Leave was given,

and he proceeded to Wroxton, in Oxfordshire, the seat which belonged to

him in right of his wife.

Here he languished while the battle of Sedgemoor was fought--Monmouth,

after in vain trying to melt the heart of his obdurate uncle, was executed

on Tower Hill under his parliamentary attainder, and the inhuman Jeffreys,

armed with civil and military authority, set out on his celebrated

"campaign." Roger North would make us believe that the dying Guilford was

horrified by the effusion of blood which was now _incarnardining_ the

western counties by command of the lord general chief justice, and that he

actually interposed to stay it:--"Upon the news returned of his violent

proceedings, his lordship saw the king would be a great sufferer thereby,

and went directly to the king, and moved him to put a stop to the fury,

which was in no respect for his service; but in many respects for the

contrary. For though the executions were by law just, yet never were the

deluded people all capitally punished; and it would be accounted a carnage

and not law or justice; and thereupon orders went to mitigate the

proceeding. I am sure of his lordship's intercession to the king on this

occasion, being told it at the very time by himself." It is painful to

doubt the supposed exertion of mercy and firmness by the lord keeper; but

an attention to dates, of which this biographer is always so inconceivably

negligent, shows the story to be impossible. Jeffreys did not open his

campaign by the slaughter of the Lady Lisle, at Winchester, till the 27th

of August, and he carried it on with increased cruelty till the very end

of September. On the 5th of September died Lord Keeper Guilford, at

Wroxton, after having been for some weeks in a state of such debility and

exhaustion that, able only to attend to his spiritual concerns, he thought

no more of domestic treason or foreign levy than if he had already slept

in the grave. For a short time after his arrival there, he rallied, by the

use of mineral waters, but he soon had a relapse, and he could with

difficulty sign his will. He was peevish and fretful during his sickness,

but calmly met his end. "He advised his friends not to mourn for him, yet

commended an old maid-servant for her good will that said, '_As long as

there is life there is hope_.' At length, having strove a little to rise,

he said, '_It will not do_;' and then, with patience and resignation, lay

down for good and all, and expired."

He was buried in Wroxton Church, in a vault belonging to his wife's

family, the Earls of Down.

"He was a crafty and designing man," says Bishop Burnet. "He had no mind

to part with the great seal, and yet he saw he could not hold it without

an entire compliance with the pleasure of the court. Nothing but his

successor made him be remembered with regret. He had not the virtues of

his predecessor; but he had parts far beyond him. They were turned to

craft; so that whereas the former (Lord Nottingham) seemed to mean well

even when he did ill, this man was believed to mean ill even when he did

well." I accede to this character, with the exception of the estimate of

North's "parts," which I think are greatly overrated. He was sharp and

shrewd, but of no imagination, of no depth, of no grasp of intellect, any

more than generosity of sentiment. Cunning, industry, and opportunity may

make such a man at any time. A Nottingham does not arise above once in a

century.

Guilford had as much law as he could contain, but he was incapable of

taking an enlarged and commanding view of any subject. In equity, he did

nothing to rear up the system of which the foundations had been so

admirably laid by his predecessor. His industry was commendable; and I

think he may be fairly acquitted of corruption, notwithstanding his

indiscreet acceptance of a present of one thousand pounds from the six

clerks, when they had a dispute with the sixty, on which he was to

adjudicate. Where he was not under the apprehension of personal

responsibility, there was nothing which he would not say or do to exalt

the prerogative and please his patrons. I shall add only one instance. Sir

Thomas Armstrong was outlawed for high treason while beyond the seas

unless he surrendered within a year. Being sent over a prisoner from

Holland within a year, he insisted that he was entitled to a writ of error

to reverse the outlawry and to be admitted to make his defence; but the

lord keeper refused him his writ of error, first, on the pretence that

there was no fiat for it by the attorney general, and then, that he had no

right to reverse his outlawry, as he was present by compulsion. Thus the

unhappy victim was sent to instant execution without trial.

So zealous a conservative was Guilford, that "he thought the taking away

of the tenures" (_i. e._ the abolition of wardship and the other

oppressive feudal burdens introduced at the conquest) "a desperate wound

to the liberties of the people."

The court wags made great sport of him, the Earl of Sunderland taking the

lead, and giving out the signal, while Jeffreys was always ready to join

in the laugh. I may offer as an example "the story of the rhinoceros." My

lord keeper went one day into the city, accompanied by his brother Sir

Dudley, to see a rhinoceros of enormous size lately imported, and about to

be exhibited as a show.[108] Next morning, at Whitehall, a rumor was

industriously spread that the lord keeper had been riding on the

rhinoceros, "and soon after dinner some lords and others came to his

lordship to know the truth from himself; for the setters of the lie

affirmed it positively, as of their own knowledge. That did not give his

lordship much disturbance, for he expected no better from his adversaries.

But that his friends, intelligent persons, who must know him to be far

from guilty of any childish levity, should believe it, was what _roiled_

him extremely, and much more when they had the face to come to him to know

if it were true. So it passed; and the Earl of Sunderland, with Jeffreys

and others of that crew, never blushed at the lie of their own making, but

valued themselves upon it as a very good jest."

To try how far his compliance with the humors of the court would go, they

next persuaded his own brother-in-law (that he might not suspect the hoax)

to wait upon him, and in strict confidence, and with great seriousness, to

advise him to keep a mistress, "otherwise he would lose all his interest

with the king; for it was well understood that he was ill looked upon for

want of doing so, because he seemed continually to reprehend them by not

falling in with the general custom; and the messenger added, that if his

lordship pleased he would help him to one." He declined the offer--with

much politeness, however, lest he should give offence. But with his

familiar friends "he made wonderfully merry with this state policy,

especially the procuring part, and said, that if he were to entertain a

madam, it would be one of his own choosing, and not one of their stale

trumpery."

Although he never aimed at oratory, it is said that he meditated a

"history of his own times." He might have transmitted to us many curious

anecdotes, but the performance must have been without literary merit; for

some of his notes which he had written as materials are in the most

wretched style, and show that he was unacquainted with the first

principles of English composition, and even with the common rules of

grammar. He did publish two or three short tracts "on music" and other

subjects, which were soon forgotten. He was well versed in music,

conversed with Sir Peter Lely about painting, speculated with natural

philosophers on the use of the bladder of fishes, and learned several of

the continental languages; but he seems never to have looked into a

classical writer after he left college, and to have had the same taste for

the _belles lettres_ as his brother Roger, who, placing them all in the

same category, talks with equal contempt of "departed quacks, _poets_, and

almanack makers." Although his two immediate predecessors were libelled

and lauded by popular verses in the mouths of every one, I can find no

allusion in any fine writer either of the court or country party to North;

and it may be doubtful whether he knew anything of the works of Butler, of

Dryden, of Waller, or of Cowley, beyond the snatches of them he may have

heard repeated in the merry circle at Whitehall.

He lived very hospitably, receiving those who retailed the gossip of the

day in his house in Great Queen Street, Lincoln's Inn Fields, then the

fashionable quarter of the town for the great nobility as well as for

eminent lawyers. The nobility and chief gentry coming to London frequently

dined with him. The dinner was at a very early hour, and did not last

long. "After a solemn service of tea in a withdrawing room, the company

usually left him." He had a court room fitted up on the ground floor,

which he then entered, and there he continued hearing causes and

exceptions, sometimes to what was considered a late hour. About eight

o'clock came supper, which he took with a few private friends, and

relished as the most agreeable and refreshing meal of the day.

In the vacations, when he could be spared from London, he retired to his

seat at Wroxton. For some years he likewise rented a villa at Hammersmith,

but this he gave up soon after his wife's death. He had the misfortune to

lose her after they had been married only a few years. She seems to have

been a very amiable person. She found out when her husband had any trouble

upon his spirits, and she would say, "Come, Sir Francis, (as she always

styled him,) you shall not think; we must talk and be merry, and you shall

not look on the fire as you do. I know something troubles you; and I will

not have it so." He would never marry again, which in his last illness he

repented, for "he fancied that in the night human heat was friendly."

He was extremely amiable in all the relations of domestic life. Nothing

can be more touching than the account we have of the warm and steady

affection subsisting between him and his brother, who survived to be his

biographer.

The lord keeper was a little but handsome man, and is said to have had "an

ingenuous aspect."

He left behind him Francis, his son and heir, the second Baron Guilford,

father of Francis, the third Baron Guilford, on whom descended the barony

of North, by failure of the elder branch of the family, and who, in 1752,

was created Earl of Guilford, and was the father of Lord North, the prime

minister, so celebrated for his polished oratory, his refined wit, and

amiable manners.[109]

When we estimate what the lord keeper achieved, we should bear in mind

that he died at _forty-eight_, an age considerably more advanced than that

reached by his immediate successor; yet under that at which other lord

chancellors and lord keepers began to look for promotion. He was in truth

solicitor general at _thirty-four_, attorney general at _thirty-seven_,

chief justice of the Common Pleas at _thirty-eight_, and lord keeper and a

peer at _forty-five_. It is probably well for his memory that his career

was not prolonged. He might have made a respectable judge when the

constitution was settled; but he was wholly unfit for the times in which

he lived.

I ought not to conclude this memoir without acknowledging my obligations

to "Roger North's Life of the Lord Keeper;" which, like "Boswell's Life of

Johnson," interests us highly, without giving us a very exalted notion of

the author. Notwithstanding its extravagant praise of the hero of the

tale, its inaccuracies, and its want of method, it is a most valuable

piece of biography, and with Roger's lives of his brothers "Dudley and

John," and his "Examen," ought to be studied by every one who wishes to

understand the history and the manners of the reign of Charles II.

Atrocious Judges : Lives of Judges Infamous as Tools of Tyrants and Instruments of Oppression · 第 13 / 18 章