his right to sit in parliament; which, however, he was able to

remove.

In due time, Mr. North, wearied with the perpetual labours of extensive practice, not only in the courts of law but of equity, longed for, and obtained, the elevated repose of the cushion of the Court of Common Pleas. Here he sedulously endeavoured to resist the encroachments of the King's Bench, and showed himself sufficiently versed in the arts by which each of the courts attempted to over-reach the other, and which would have done credit to the sagacity of a Solicitor at the Old Bailey. His biographer relates various instances of his skill in detecting falsehood, which do not quite entitle him to be regarded as a second Solomon—of his management of counsel, which we have seen excelled in no distant period-and of his repartees, which are the worst ever gravely told as good things by a devoted admirer. The story of "the dumb day," is, however, worth transcribing, especially as our author, though he speaks of himself as usual, in the third person, was the party on whose behalf the authority of the Chief Justice was exerted.

"It hath been the usage of the King's Bench, at the side bar below in the hall, and of the Common Pleas, in the chamber within the treasury, to hear attorneys, and young counsel, that came to move them about matters of form and practice. His lordship had a younger brother (Hon. Roger North) who was of the profession of the law. He was newly called to the bar, and had little to do in the King's Bench; but the attorneys of the Common Pleas often retained him to move for them in the treasury, such matters as were proper there, and what they might have moved themselves. But however agreeable this kind of practice was to a novitiate, it was not worthy the observation it had; for once or twice a week was the utmost calculate of these motions. But the sergeants thought that method was, or might become, prejudicial to them, who had a monopoly of the bar, and would have no water go by their mill, and supposed it was high time to put a stop to such beginnings, for fear it might grow worse. But the doubt was, how they should signify their resentment, so as to be effectually remedial. At length they agreed, for one day, to make no motions at all; and opportunity would

fall for showing the reason how the court came to have no business. When the court (on this dumb day, as it was called) was sat, the chief justice gave the usual signal to the eldest sergeant to move. He bowed, and had nothing to move: so the next, and the next, from end to end of the bar. The chief, seeing this, said, brothers, I think we must rise; here is no business. Then an attorney steps forward, and called to a sergeant to make his motion; and, after that, turned to the court and said, that he had given the sergeant his fee, and instructions over night, to move for him, and desired he might do it. But profound silence still. The chief looked about, and asked, What was the matter? An attorney, that stood by, very modestly said, that he feared the sergeants took it ill that motions were made in the Treasury. Then the chief scented the whole matter; and, brothers, said he, I think a very great affront is offered to us, which we ought for the dignity of the court, to resent. But that we may do nothing too suddenly, but take consideration at full leisure, and maturely, let us now rise, and tomorrow morning give order as becomes us. And do you attorneys come all here to-morrow, and care shall be taken for your despatch, and, rather than fail, we will hear you, or your clients, or the barristers at law, or any person that thinks fit to appear in business, that the law may have its course; and so the court rose. This was like thunder to the sergeants, and they fell to quarrelling, one with another, about being the cause of this great evil they had brought upon themselves: for none of them imagined it would have had such a turn as this was, that shaked what was the palladium of the coif, the sole practice there. In the afternoon, they attended the chief, and the other judges of the court, and, in great humility, owned their fault, and begged pardon, and that no farther notice might be taken of it; and they would be careful not to give the like offence for the future. The chief told them, that the affront was in public, and in the face of the court, and they must make their recognitions there next morning, and in such a manner as the greatness of their offence demanded; and then they should hear what the court would say to them. Accordingly they did; and the chief first, and, then, the rest, in order, gave them a formal chiding with acrimony enough; all which, with de

jected countenances, they were bound to hear. When this discipline was over, the chief pointed to one to move; which he did, (as they said,) more like one crying than speaking: and so ended the comedy, as it was acted in Westminsterhall, called the dumb day."

His lordship used his travels on the circuit as the means of securing an interest in the country gentlemen; and with so much success, that Dr. Mew, Bishop of Winchester, who was called Patels, from a black plaster which he wore to cover a wound received in the civil war, termed him "deliciæ occidentis," the darling of the West; and the western members of parliament "did so firmly ensconce him that his enemies could never get a clever stroke at him.” Once, indeed, he was taken in by a busy fanatic, who importuned the judges to sup with him, at his house near Exeter; and, having them fairly in his power, inflicted on them a long extemporaneous prayer, "after the presbyterian way," which gave occasion to much merriment at the expense of their lordships, who were said to have been at a conventicle, and in danger of being presented with all their retinue for that offence by the grand jury. He also narrowly escaped being made the dupe or tool of the infamous Bedloe, who sent for him under pretence of making a confession. Excepting in so far as an excessive timidity influenced him, he appears to have acted in his high office with exemplary justice and wisdom. He was, indeed, a most faint-hearted judge, which his biographer, as in duty bound, discloses to his honour. He dreaded the trying of a witch, because he disbelieved the crime; and yet feared to offend the superstitious vulgar. On this nice subject, our author observes

"It is seldom that a poor old wretch is brought to trial upon that account, but there is, at the heels of her, a popular rage that does little less than demand her to be put to death: and, if a judge is so clear and open as to declare against that impious vulgar opinion, that the devil himself has power to torment and kill innocent children, or that he is pleased to divert himself with the good people's cheese, butter, pigs, and geese, and the like errors of the ignorant and foolish rabble; the countrymen (the triers) cry this judge hath no religion,

for he doth not believe witches; and so, to show they have some, hang the poor wretches. All which tendency to mistake, requires a very prudent and moderate carriage in a judge, whereby to convince, rather by detecting of the fraud, than hy denying authoritatively such power to be given to old women."

His lordship did, indeed, whenever he could, lay open the imposture, and procure the acquittal of witches. But when Mr. Justice Raymond and he went the circuit together, and his co-judge condemned two women to death for the crime, he appears to have contented himself, " with concern, that his brother Raymond's passive behaviour should let them die," without himself making any effort to save them. His opinions respecting libels were surprisingly liberal for a judge of the cavalier party, and may serve to put shame to the courtly lawyers of more enlightened days.

"As to the business of lies and libels, which, in those days, were an intolerable vexation to the court, especially finding that the community of gentle and simple strangely ran in with them; it was moved that there should be more messengers of the press, and spies, who should discover secret printing-houses, (which, then, were against law,) and take up the hawkers that sold libels, and all other persons that dispersed them, and inflict severe punishments on all that were found guilty. But his lordship was of a very different opinion, and said that this prosecution would make them but the more inquired after; and it was impossible to hinder the promulgation of libels; for the greediness of every one to get them, and the high price, would make men, of desperate fortunes, venture any thing: and, in such cases, punishments never regulate the abuse; but it must be done, if at all, by methods undermining the encouragement: yet, if any were caught, he thought it was fit to make severe examples of them. But an extraordinary inquisition to be set up, and make so much noise, and the punishment falling, as was most likely, not on the authors and abettors, but some poor wretches that sought to get a penny by selling them, would, as he thought, rather incense than abate the abuse. His notion was, that his majesty should order nothing ex

traordinary, to make people imagine he was touched to the quick; but to set up counter writers that as every libel came out, should take it to task, and answer it. And, so, all the diurnal lies of the town also would be met with; for, said he, either we are in the wrong, or in the right; if the former, we must do as usurped powers, use force, and crush all our enemies right or wrong. But there is no need of that, for we are in the right; for who will pretend not to own his majesty's authority according to law? And nothing is done, by his majesty and his ministers, but what the law will warrant, and what should we be afraid of? Let them lie and accuse till they are weary, while we declare at the same time, as may be done with demonstration, that all they say is false and unjust; and the better sort of the people, whom truth sways, when laid before them, will be with us. This counsel was followed; and some clever writers were employed, such as were called the Observator and Heraclitus, for a constancy, and others, with them, occasionally; and then they soon wrote the libellers out of the pit, and, during that king's life, the trade of libels, which, before, had been in great request, fell to nothing."

Mr. North, notwithstanding the liberality of some of his opinions, was made a privy counsellor, and some time after Lord Keeper of the Great Seal. He opposed Jeffries, the celebrated Lord Chief Justice of the King's Bench, with mildness and caution, and secured and used wisely the esteem of his sovereign. He appears to have forseen, that the consequence of the violent and arbitrary measures, which he was unable to prevent, would, if continued, work the downfall of the Stuart family. His private life was temperate and regular, untainted with the vices of the times. His brother-in-law, actually fearing his virtue might be visited as a libel on the court, seriously advised him to keep a mistress in his own defence; "for he understood, from very great men, that he was ill looked upon for want of doing so; because he seemed continually to reprehend them;" which notable advice was concluded by an offer, "that, if his lordship pleased, he would help him to one." His lordship's regard to virtue, as well as his usual caution, which told him,