meant to rely upon any errors of form in the conduct of an action, at once specifically to point them out, that they might be corrected; it provided that no dilatory plea should be received without an affidavit of its truth; it cured the absurd strictness by which a man could not plead payment of money after the day when it became due; it permitted persons who had been beyond seas when a cause of action against them accrued, to be sued during a year after their return; it made bail-bonds given to the sheriff available to the creditor; it prohibited the issuing of subpoenas in equity before filing a bill; and it rendered the action of "Account" effectual against executors and administrators. Farther, it provided that a defendant might avail himself of several defences to an action, whereas formerly he could only set up one, and if that by any chance failed, he was undone; it rendered lessees liable to the purchasers of their farms without the ceremony of an attornment; and it enacted that the effect of a fine of lands should not be defeated by an entry, unless an action were brought within a year. It likewise contained useful enactments respecting warrants of attorney, the probate of wills, declarations of uses and trusts, and the payment of costs both in actions at law and suits in equity.* When we consider that this “Statute of JEOFAILS" was framed by the author of the " BILL OF RIGHTS," we may truly say that there was nothing too vast or too minute for the grasp of his intellect.‡ Lord Cowper (holding the Great Seal) and all the other ministers showed the highest deference for the advice of Lord Somers on all subjects. In a life of Freeman, prefixed to his "Reports," published in the year 1742, it is said, "His eminent qualities and rare talents introduced him to the friendship and esteem of that truly noble, virtuous, and learned lawyer and statesman, the late John Lord Somers, who, in the year 1706, had so high an opinion and just judgment of Mr. Free 6 Parl. Hist. 517. From the Report of the Committee of the Lords appointed on the motion of Lord Somers to consider of amending the law-which was the foundation of the bill-it appears, likewise, to have contained enactments to allow courts of common law to issue commissions for the examination of witnesses,and for making debts and all other property available to satisfy judgment creditors, which have recently been adopted by the legislature. Lords' Jour. xviii. 68, 17th Jan. 1705.-See a minute statement of the different stages of the bill, Parke's Hist., ch. 275. I have found a pamphlet published at this time, entitled "Reasons humbly offered to both Houses of Parliament for passing a Bill for preventing Delays and Expenses in Suits in Law and Equity," showing that the bill contained several very important clauses which had been struck out from a desire to protect profitable abuses, e.g. a clause to prevent frivolous writs of error; a clause for shortening decrees and orders in equity, by forbidding recitals; and a clause for taking a bill in equity pro confessa for want of appearance. † Statutes for the amendment of the Law were thus denominated because when the pleadings were carried on in French the pleader who had made a mistake, when he craved leave to amend, was obliged first to say, "Jeo faile." 3 Bl.407. ‡ Lord Somers, the same session, attempted most laudably to reform abuses, in the passing of private bills through Parliament, but failed, as he touched the fees to be received by the Speakers of the two Houses, and by the Clerks. 4 Burnet, 140. man's integrity and abilities, as to recommend him to the important office of Lord Chancellor of Ireland, then vacant, in which high post he was deservedly placed by his Sovereign.' I have not yet discovered how Freeman conducted himself as Irish Chancellor, but Lord Mansfield and Lord Redesdale repeatedly bore testimony to his learning and his merits as a lawyer and as a reporter. Lord Somers now drew obloquy upon himself by defending the Government, and, along with several other Whigs, was [A. D. 1707.] grossly libelled by a Dr. Brown, who was found guilty of the offence, and set in the pillory, then a very common, and hardly considered a disgraceful, punishment.* The patriotic nobleman was defended and eulogized by De Foe, who afterwards, for a season, countenanced the Tories, but now, in the twelfth book of his "Jure Divino," thus sung: "Somers by nature great and born to rise, Till the end of the year 1708, Lord Somers continued in his present position without office, and without a seat in the Cabinet, but confidentially consulted by the ministers, and lending them all the help he could, both in and out of parliament. He was contented to witness the success of the policy of his party. The GRAND ALLIANCE which he had assisted King William to plan had produced the victories of Blenheim and Ramillies; and Louis XIV., instead of threatening the liberties of Europe, began to tremble for the fortresses by which his capital was protected. Marlborough and Godolphin had now entirely cast off the Tory party as well as Tory measures. The Whigs were in possession of all the great and almost all the subordinate offices under the Crown. They not only enjoyed much popularity, but the Queen, still under the dominion of the Duchess of Marlborough, seemed to have laid aside all her prejudices against them, and to have taken them into permanent favour. The Union with Scotland being consummated, there had been a prosperous session of the first parliament of Great Britain, and a dissolution then taking place, the elections for the new parliament had gone very generally for the Whigs. A temporary gloom arose from the death of Prince George of Denmark, but this faci litated some ministerial changes which still enhanced [OCT. 28, 1708.] the power of the dominant party. The present The Earl of Pembroke succeeding as Lord High Admiral, the office of Lord President of the Council became vacant, and Lord Somers was induced to accept it. [Nov. 8, 1708.] holder of the Great Seal had given such entire satisfaction that he could not be removed; and, from declining health and satisfied ambition, William's illustrious Chancellor had little desire to resume his old office under another sovereign. The announcement that he had consented to become Lord President of the Council gave general satisfaction. "The great capacity and inflexible integrity of this Lord," says Burnet, "would have made his promotion to this post very acceptable to the Whigs at any juncture, but it was more particularly so at this time; for it was expected that the propositions for a general peace would be quickly made; and so they reckoned that the management of that upon which not only the safety of the nation, but of all Europe, depended, was in sure hands when he was set at the head of the councils, upon whom neither ill practices nor false colours were like to make any impression. Thus the minds of all those who were truly zealous for the present constitution were much quieted by this promotion; though their jealousies had a deep root, and were not easily removed."* CHAPTER CXI. CONCLUSION OF THE LIFE OF LORD SOMERS. SOMERS remained President of the Council till the downfall of the Whigs, which would probably have been averted if his [A. D. 1708.] advice had been followed. He agreed with his colleagues * 4 Burnet, 247-48. If we are to believe Swift when he had abandoned his old friends and was able to malign them, Somers had been very impatient to be taken into the government, and had thought himself very ill-used by being kept out so long. "Upon the Prince's death, Nov. 1708, the two great Lords so often mentioned (Marlborough and Godolphin,) who had been for some years united with the Low Church party, and had long engaged to take them into power, were now in a capacity to make good their promises, which his Highness had ever most strenuously opposed. The Lord Somers was made President of the Council, &c. It should seem to me that the Duke and Earl were not very willingly drawn to impart so much power to those of that party, who expected these removals for some years before, and were always put off upon pretence of the Prince's unwillingness to have them employed. And I remember some months before his Highness's death, my Lord Somers, who is a person of reserve enough, complained to me with great freedom of the ingratitude of the Duke and Earl, who, after the service he and his friends had done them in making the Union, would hardly treat them with common civility." But the man who would publish to the world such a confidential communication would be quite capable of misrepresenting it, and Swift is here the less entitled to credit as he states, that Somers, in the same conversation, talked disparagingly of the Union, and sneered at the "Act of Security," by which the Presbyterian form of worship was guarantied to Scotland.Memoirs relating to the Change in the Queen's Ministry, written October, 1714. The general opinion was that the new President of the Council was now to direct public affairs, as we may see by the following letter from Lord Shaftesbury, author of the "Characteristics," to a friend, Nov. 20, 1708. "Somers has kissed the Queen's hand, though not directly as minister, pretty near it, you may be sure: since at this time of mourning, and so sincere a mourner as the Queen is, she hardly would see a stranger, and what is more, a man so estranged from her, and so wholly off from the Court as he has been, and whom I scarcely believe she has admitted at any time to kiss her hand, he having been for certain the Prince's aversion, as you may judge by those who chiefly influenced the Prince, and were the violentest enemies Lord Somers had." in thinking that the war ought to be carried on till the grandson of Louis XIV. should be driven from the throne of Spain;* but he would have saved them from the enormous folly of the impeachment of Sacheverell. The first session of parliament after the new Lord President was installed passed over very quietly. The Tory party seemed annihilated, and hardly any opposition being offered to the votes for men and money demanded, or to any of the measures of Government, the discussions in the House of Lords were confined to questions on the election of Scotch peers,† and the rights of foreign ambassadors.‡ Lord Chancellor Cowper and Lord Somers cordially co-operated; and, although there was no Tory law lord to keep them in check, they seem to have conducted themselves with moderation; not imitating the party violence of their supporters in the House of Commons, where, in deciding controverted elections, the partiality of the Tories, so much complained of in the last parliament, was outdone. The Whigs were now in their most palmy state. The Queen never liked them in her heart, as she was hostile to religious toleration, and she would have relished highly the doctrine of the divine right of kings, if it could have been made consistent with her own title to the throne; yet even she found it convenient for a time to dissemble, and appear to be reconciled to the new Lord President, for whom, from the beginning of her reign till this time, she had testified the [A. D. 1708-1710.] most marked dislike. He now had frequent access to her presence: he took great pains to win her, and, from his polished and deferential manners, he must have made some progress in removing her prejudices against him. All the while, however, she had secret conferences with Harley, the leader of opposition, who, on account of the principles he professed, after renouncing Whiggery, enjoyed all her confidence,-although she complained that he occasionally came to her under the influence of liquor. The correspondence of the Duchess of Marlborough gives an amusing account of the Court at this juncture:“I remember to have been at several of Lord Somers's conversations with Queen Anne to fill out their tea and wash their cups.§ 'Tis certain that as soon as he got into his post, to obtain which I so often urged the Queen, he made his court to Abigail,|| and very seldom came to me; and it is true that Lord Oxford and St. John used to laugh in their cups (which came out by Duke Devonshire,) that they had in * Thus he congratulated Marlborough on the victory of Malplaquet: “I cannot but hope this last great success will quite lower the credit of those who may wish for an ill peace, and satisfy the French King at last that he has attempted every thing possible for saving his own honour, and that it is time for him in good earnest to think of preserving France from utter ruin." † 6 Parl. Hist. 758. § Pope says in the Rape of the Lock "Where thou, great Anna, whom three realms obey, Ibid. 792. But at these meetings with Lord Somers she seems to have taken tea and counsel together. Mrs. Masham. Lord Somers had incurred the high displeasure of the Marlboroughs by advising Lord Chancellor Cowper to refuse to put the Great Seal to the commission appointing the Duke Commander-in-Chief for life. structed the Queen to behave so as to make Lord Somers think he should be her chief minister. She could act a part very well when her lesson was given her, and in a little time it appeared very plain to the Duke of Marlborough and Lord Godolphin, that Somers thought of nothing so much as to flatter the Queen, and went to her personally in private." Anne's secret longing after Tory ministers was now strengthened by her quarrel with the Duchess of Marlborough, and she was impatient to be entirely emancipated from the servitude to which she had been reduced. Another danger to the administration arose from a returning wish for peace, the public being almost satiated with military glory, and discerning persons thinking that the legitimate object of the war had been accomplished. But, led by men of the [A. D. 1710.] first talents, both for deliberation and action, with a commanding majority in both Houses, and regarded with general favour on account of their brilliant success in humbling the French King, the Whig party seemed secure of the long enjoyment of power. And they probably would have continued undisturbed in their offices till their tenure had been confirmed by the accession of the House of Hanover, had it not been for their most preposterous prosecution of the contemptible sermon preached before the Lord Mayor of London on the 5th of November, 1709, the anniversary of the Gunpowder Plot, and published a few days after. This composition not only inculcated passive obedience and the divine right of kings, attacked the Revolution, reflected on the memory of King William, and asserted that the Church was in danger from the misconduct of her Majesty's present ministers -but (worse than all) abused several of them individually, and particularly the Lord Treasurer, under his well-known name of "Volpone." If they had allowed it to pass unnoticed, it would have fallen into instant oblivion; but forty thousand copies of it were sold in a few months, and it acquired more celebrity than any production of Milton or Dryden. Lord Godolphin was so offended by the dull sarcasms which it contained against him, that he indiscreetly called a meeting of the Cabinet to consider what steps should be taken against the author. His colleagues naturally expressing high indignation, he insanely proposed that, from the importance of the topics which the sermon handled, and the dignified station of those whom it assailed, it should be made the subject of a parliamentary impeachment. This proceeding was warmly opposed by Lord Somers, although he likewise was personally struck at by the preacher.* But all his arguments were overruled. By a *There is another sort of them who are for a neutrality in religion, who really are of none, but are a secret sort of reverend Atheists, who always pretend to be of the Church, join in the herd, and will sometimes frequent our public communion. They are equally of all and of no communion; they are the Gallios that 'care for none of these things;' they can see neither sin nor danger in that ecclesiastical bugbear, as they call schism, yet talk very loud about union, comprehension, and moderation; by all which canting expressions they mean nothing but getting money and preferment, by holding in with persons of all parties and characters, halting betwixt the diversity of opinions and reconciling God and Belial for gain."-Sermon, 15 St. Tr: 78. "The famous trial of Dr. Sacheverell arose from a foolish passionate pique of |