to fhow, that the diffenters are no ways concerned in occafional conformity. The controverfy, which in thofe days occafioned fuch vehement contests between the two Houses of Parliament, is probably filenced for ever; but De Foe opens this tract with a fentiment which ought never to be forgotten: "He, that oppofes his own judgment against the current of the times, ought to be backed with unanswerable truths; and he, that has that truth on his fide, is a fool, as well as a coward, if he is afraid to own it, because of the multitude of other men's opinions. 'Tis hard for a man to fay, all the world is mistaken but himself; but if it be fo, who can help it." During the previous twenty years of his life, De Foe had bufied himself unconfcioufly in charging a mine, which now blew himself and family into air. He had fought for Monmouth; he had opposed king James; he had vindicated the revolution; he had panegyrized king William; he had defended the rights of the collective body of the people; he had difpleafed the treafurer and the general, by objecting to the Flanders war; he had bantered fir Edward Seymour and fir Christopher Mufgrave, the toryleaders of the Commons; he had just ridiculed all the high flyers in the kingdom, and he was obliged to feek for fhelter from the indignation of perfons and parties, thus overpowering and refiftlefs. "A proclamation was iffued, in January, 1702-3, offering a reward of fifty pounds for difcovering his retreat. "He foon published an Explanation; though he "wonders to find there fhould be any occafion for it." "But fince ignorance," fays he, has led moft men to a cenfure of the book, and fome peo ple are like to come under the dif pleasure of the government for it; in justice to those who are in dan. ger to fuffer by it; in fubmiffion to the parliament and council who may be offended at it; and cour. tefie to all mistaken people, who, it feems, have not penetrated into the real defign; the author prefents the world with the genuine mean. ing of the paper, which he hopes may allay the anger of government, or at least fatisfy the minds of fuch as imagine and defign to inflame and divide us :" and protefting the honefty of his purpose, he refolved, if the people now in trouble might be excufed, to throw himself upon the favour of government, rather than others fhould be ruined for his mistakes. Neither his fubmifivenefs to the ruling powers, nor his generofity with regard to his prin. ters, was a fufficient fhield from the refentment of his enemies. He was found guilty of a libel, fentenced to the pillory, and adjudged to be fined and imprisoned.' "While, as our author tells, he lay friendlefs and diftreffed in the prifon of Newgate, his family ruined, and himself without hopes of deliverance, a meffage was brought him from a perfon of honour, whom till that time he had not the leaft knowledge of. This was no lefs a perfon than fir Robert Harley, the fpeaker of the Houfe of Commons, who was foon made fecretary of ftate, and who afterwards became lord treasurer and earl of Oxford. Harley approved probably_of_the principles and conduct of De Foc, and doubtless forefaw, that, during a factious age, fuch a genius could be converted to many ufes. And he fent a verbal meffage to the prifoner, defiring to know what he could do for him. Our author I readily readily wrote the story of the blind man in the Gospel, concluding :Lord, that I may receive my fight. "When the high-flyers were driven from the eminence which enabled them to do mischief rather than good, Harley became fecretary of state, in 1704. He had now frequent opportunities of reprefenting the unmerited fufferings of De Foe, to the queen and to the treasurer. Yet our author continued four months longer in gaol. The queen, however, inquired into his circumstances, and lord Godolphin fent, as he thankfully acknowledges, confiderable fum to his wifend family, and to him money to pay his fine, and the expence of his difcharge. Here is the foundation, fays he, on which he built his first fenfe of duty to the queen, and the indelible bond of gratitude to his benefactor. "To be relieved from gaol, muft have been a circumftance fufficiently pleafing: but, to be employed by fuch minifters, to be approved of, and rewarded, and employed again, while his old enemies the high-flyers were in difgrace, muit have been extremely flattering to a mind at once ardent and grateful. That he was engaged in feveral honourable, though fecret fervices, by the interpofition of his firft benefactor; that he was fent abroad, and ran perfonal rifques equal to thofe of a grenadier on the counterfcarp, he himself affures us: but of the bufinefs, which our author did not think fit to explain, uo knowledge can now be gained from the filence of the grave. "It is faid, though perhaps with out fufficient authority, that the vigorous remoftrances of De Foe procured the act for the encouragement of learning, by vefting the copies of printed books in the authors or their affigns. The vanity of an administration, which affected to patronize the learned, concurring with the mutual interest of authors and bookfellers, pro duced at length this falutary Îaw, that our author alone had called for without fuccefs. "Our author was foon after engaged in more important, because much more ufeful bufinefs. Lord Godolphin fent him to Scotland, on an errand which, as he fays, was far from being unfit for a fo vereign to direct, or an honeft man to perform. His knowledge of commerce and revenue, his powers of infinuation, and, above all, his readiness of pen, were deemed of no fmall utility, in promoting the Union. And we shall find him no inconfiderable actor in the performance of that greatest of all good works. He attended the committees of parliament, for whofe ufe he made feveral of the calculations on the fubject of trade and taxes. He complains, however, that when atterwards fome clamour was raifed upon the inequality of the proportions, and the contrivers began to be blamed, and a little threatened a-la-mob. that it was D F. made it all, and he was to be stoned for it. He endeavoured to confutell that was published by the popular writers in Scotland against the Union: and he had his thare of danger, and, as he fays, he was watched by the mob, in order to know where to find him; had his chamber windows infulted; but, by the prudence of his friends, and God's providence, he escaped. In the midit of this great fcene of businets and tumult, he collected the documents, which he afterwards publifhed for the inftruction of pofterity, with regard to one of the moit difficult, and, at the fame time, the moft at Mr. Secretary's Houfe. This dramatic effort of our author's mufe does him no great credit as a poet, however much it may have delighted the hearers, who came prepared to be pleased. On the other hand, few of our greatest dramatic writers could have produced the Nofce Teipfum, or the Acroftics. Davies was ere long called to play his own part in a drama of greater dignity. He was chofen (though by what influence, it is now impoffible to tell) into the laft parliament of Elizabeth, which met on the 27th of October 1601. He appears to have been extremely active in moving ufeful bills, and to have been a frenuous fupporter of the privileges of the houfe, while it was not yet quite fafe. He fpoke manfully in the great debate about monopolies, infiiting, that the houfe ought to procced against them by bill, and not by petition. It is rather remarkable, that his old an tagonist Martin maintained the other fide of the queftion. On this occafion it was, that Hakewell afked, If bread was not in the long lift of monopolics? Elizabeth, perceive ing the houfe fo greatly agitated as to difregard her minitter's apologies, thought it prudent to recall the patents; and Davies was fent on the grand committee. to thank the queen for relinquishing projects, which, happy had it been for prince and people, had the legitlature on this occafion abolifhed by ftatute. "Davies had now acquired a flation of fome eminence, at a time of life when friendships are cafily formed. And he ardently wifhed to be restored to the privileges and profits of a fociety, amongst whom, as he declared, he had received his chiefest education, and from whence he expected his hest preferment." After fome delay, and in confequence of ample fubmiffion before chiet juftice Popham, and other judges, he was restored, in Trinity term, 1601, to his former rank; Martin, at the fame time, forgiving an injury, which both probably wifhed to forget. It was by the favour of lord Ellefmere, fays Wood, that he was reftored to his chamber. Certain it is when Davies dedicated his Law Reports to that illuftrious Chancel, lor, and worthy man, he acknow, ledged, that lord Ellefmere "had been a good angel unto him, and what might carry a fhew of adulation in another, muft needs be thought gratitude in him." "With the influence of fuch patronage, and the aid of great abili ties, Davies continued to rife in his profeffion, till the demife of Elizabeth. New prospects opened to him, with the commencement of a new reign. If we may believe the great Bacon, there was, on that memorable event, a continual posting of men of good quality towards the king. Davies pofted with lord Hunfdon to Scotland, in order to offer his adorations to the rifing fun; and being, among other Englifh gentlemen, introduced to James, the king, fays, Wood, ftraightway afked, if he was Nofce Teipfum? and receiving for anfwer that he was the fame, his majefty graci oufly embraced him. This conduct was truly characteristic of James, who is known to have been of much more familiar manners than Elizabeth, and ftill more forward to dilinguith lefs merit than Davies poffeffed, 1f Eacon did not accompany Davies, he wrote to him, as he had done to every other perfon, who, he thought, could impress " a good conceit of a concealed poet. Davies was an avowed poet; Bacon a concealed one. "It was to the patronage of fir Robert Cecil, as much as to the favour of James, that Davies was fent, in 1603, folicitor-general to Ireland, and immediately appointed attorney-general. Thefe offices required, at that time, men as remarkable for prudence, as diftinguifhed for knowledge. "Davies was highly qualified for his station and he was foon appointed one of the judges of affize, who, for the first time, ever vifited feveral counties of Ireland, and who taught, at length, a rude people the difference between the tyrannic oppreffion of their ancient customs, and the mild influence of just government. In all thefe fituations, Davies obtained the praifes of his fuperiors, as a painful and well deferving fervant of his majefty. It was on thefe circuits, probably, which enabled him to vifit every province of Ireland, that he met with Eleanor, the third daughter of lord Audley, who having ditinguished himself in the Iri wars, now enjoyed dignified eafe, among a people that admired his valour. This lady he married: but, from her eccentricity of temper, he could not derive much domeftic happiness. She brought him only one fon, who died a youth, in his father's life, and one daughter, Lucy, who having n arried Ferdinando Hattings, carried the blood of Davies, with his fortune, into the family of Huntingdon. "With the extension of law over a more quiet people, law-fuits neceffarily increafed; and as the bufinefs of the courts of justice augmented, the practice of Davies alfo extended, in proportion to the greatnefs of his station and his talents. He was called to the degree of ferjeant at law, in Trinityterm 1606, and received the honour of knighthood, on the 11th of February 1607. These promotions he owed to the patronage of Lord Ellefimere and the Earl of Salifbury, with whom he correfponded. Sir Edward Coke was at the fame time called to the degree of ferjeant, being appointed chief juftice of the Common Pleas. But Sir Francis Bacon was ftill left undiftinguifhed behind, to the infinite mortification of an ambitious mind. "Sir John retained his office of attorney-general of Ireland, notwithstanding his degree of ferjeant, the king having fpecially difpenf ed with his prefence in England. Thefe honours, we may eafily fup. pofe, did not leffen his practice, or his credit; and there remains fufficient evidence, that he did not difcontinue his accustomed diligence. "Among his most laborious avo. cations, fir John employed much of his time in ftudying the complicated hiftory of Ireland, and in tracing, through various revolutions, the origin of its laws, and progrefs of its constitution. "He published the refult of his inquiries in 1612, under the wellknown title of A Difcovery of the true Caufes why Ireland was never entirely fubdued till the Beginning of his Majefty's Reign. This ela borate performance he dedicated to the king, in a Latin line, which imported that it is the firit duty of a prince to know his own dominions. "This work is often quoted: and it can never be read without pleasure or inftruction. Dr. Johnfon by frequently citing the Discovery, and the Nofce Teipfum, as authorities, has enrolled the writings of fir John Davies among the EagB 4 lith lifh claffics. Whether as an acknowledgment for this dedication, or as a reward for greater fervices, our author was, in June 1612, appointed the king's ferjeant. But he not long after left his firft and fteady patron the Earl of Salisbury, who died when his wifdom and his influence were the most neceffary to a court, fwayed by favouritifm, and to a country governed by minions. Sir John was foon elected into a still more diftinguifhed ftation. Amidst the distractions of civil war, and the repofe of fubfequent projects of improvement, no parliament had been called in freand during the last feven and twenty years; yet, never were legiflative acts more neceffary. The Irish nation was divided into two parties, whofe power was nearly equal. The Roman Catholics formed the great body of the people: the Proteftants compofed probably not more than one fourth. The laws, however, impofed on the objects of their jealoufy many difabilities; and -the proteflants of confequence enjoyed all official profit and all political power. When the people and the government fland thus oppofed to each other, diffatisfaction must ever predominate. Such was the ffate of Ireland, when manifeft utility induced the lord deputy to if fue writs for a new election in 1612. Both parties exerted the artifices and the violences, which accompany popular clections, when the minds of the electors arc trongly agitated by hopes or apprehenfions. The Roman Catholic party carried their elections chiefly in the counties; the proteftant party in the boroughs, feveral of which had been lately erected, during the progrefs of plantation. Sir John Davies was elected for the county of Fermannagh; being the first re prefentative which it had ever chofen. "The house of commons consisted now of two hundred and twenty five members. Of thefe there appeared when the house met, of the proteftant party, one hundred and twenty-one; of the Roman Catholic, one hundred and one. This approximation to equality had been alfo fufficient to create great intrigues and altercation in any popular affembly. But, among the members who were then affembled to chufe a fpeaker, and who were animated by a fenfe of ancient antipathy and of recent oppofition, the tumult approached nearly to the bloody fcenes of a Polifh diet. Sir John Davies was propofed as fpeaker by the court; fir John Everard, who had been an Irish judge, but refigned, becaufe he could not take the oath of fupremacy, was fupported by the Roman catholic party. The houfe divided. The court members went out, according to parliamentary form. But their opponents, confidering themfelves as the majority of legal reprefentatives, placed fir John Everard in the chair, as duly elected, and nothing remained for the real majori ty but to remove the intruder, or to place the true fpeaker in the fame chair. The perfeverance of the majority induced the minority to fecede from an affembly which they thus found they could not rule. All parties had been fo much accustomed in that country to attempt every thing by force, that the parliament-men had not yet learned to defeat, or to qualify difagreeable meafures by fly intrigue, pertina cious debate, or by clofe divifions. The great body of the people applauded the feceders. And the ford deputy Chichester, whofe pru dence was equal to his firmness, prorogued the parliament, in order to fuffer |
