MASTER NEGATIVE
NO. 93-81325-
MICROFILMED 1993
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AUTHOR:
NORTH, ROGER
TITLE:
THE LIFE OF THE RIGHT
HONOURABLE...
PLACE:
LONDON
DA TE :
1742
COLUMBIA UNIVERSITY LIBRARIES
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Original Material as Filmed - Existing Bibliographic Record
942.066
N8122
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North, Roger, 1653-1734.
The life of the Right Honourable Francis
North, baron of Guilford, lord keeper of the
great seal, under King Charles II, and King
Jajnes II, Wherein are inserted the characters
of Sir Matthew Hale, Sir George Jeffries ,.,
and others the most eminent lawyers and
statesmen of that time. By .,, Roger North
London, J. Whiston, 1742.
c43, 333, [10^ p, port, 26cm.
Another copy in Seligman. 1742.
« • •
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* Master Negative #
Original Material as FUmed - Existing Bibliographic Record
Korth, ^'oger, 1654-17;54. The lil'e of the
Right Honourable Francis Korth ... 1742
(Card -d)
R942.066 Copy in Special Collections. 1742.
N812
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THE
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L
I
F
O F T H E
Right H o n o u r a b l i:
y
FRAKCIS NORTH,
Baron of GUILFORD.
Lord J^eeper of the Great Seal, under King
Charles II. and King James II. :t;:.
Wherein are inferted
The CHARACTERS of
Sir M A T T ir e v.' IT ... l e , Sir George J e e f r i e s,
Sir L E O \. I N E J E N K I N S, S I I) N E V G O D O L P H I N,
and others the moft eminent Lawyers and Statefmen
of that Time.
By tlu: 1 luiioiirablc ROGER NORTH, Efq,
Vnu^ crulatu, tcjln prcriiat aunt is decern.
T
S D X
iVlntcd '' r ] () I. \ W H
•.:v, ,u Mr, h.
mikl:xj.il
k
r
THE
.^
L
I
F
O F r H E
*
o^r'r
Right Honourable
FRANCIS NORTH,
Baron of GUILFORD,
Lord peeper of the Great Seal, under King
Charles II. and King James II. ,'t;l
Wherein are inferted
The CHARACTERS of
Sir Matthew Hale, Sir George Jeffries
Sir L E O L I N E J E N K I N S, S I D N E Y G O D O L P H I N
and others the mod eminent Lawyers and Statefmen
of that Time.
By the Honourable ROGER NORTH, Elqj
Unm oculatus tejlis prajlat auritis decern.
LONDON,
IVnfed for Johm Whistov, at Mr. Boylc*^ Head h I':ee:'j?yrr
MDCCXLII.
J). LoiA7^tn aJ vitftctn i/^l/n
O. fettue Scu^^
1-^
TO THE
Right Honourable
■ii
F R A N C I S,
Lord North and Guilford,
pne of the Lords of the Bedchamber to his
Royal Highnefs the Prince of IV A LES.
My Lord,
IT is a Piece of Juftice done to the Memories of great
and good Men, wlio have been adive in the Service
^ ot their Country, when their Conduft and Behaviour
IS fet in a true Light, and tlieir Charaders cleared from
all Exceptions whatfoever, which may proceed either from
Ignorance of the Truth, or Party Rage. And it muft
attord no kfs Encouragement to the prefent Age, to fol-
^ fw 'T' '^^''' '^'^y ^^" ^"'^ " ^« "°t often that a
uTJ^ u$ ^P'T.T'' '^'^ g'"'" Stage of the World,
.but after he has fin.A'd the Part he was toad, and made
his £^//, fome one or other rifes up, and undertakes to
vindicate the Charader of his departed Friend.
The
1 o r:, r:
V *_* f.* ♦A
D
E D I cj^r I N.
The rerfonr.ance of this, My Lord, appears to have
bcca one of the principal Ends the honourable Author had
in View, when he compofed the following bheets : For
hou.h Truth in Hirtory, and the publick Good flowing
from°thenee, had ever the grcateft Share in his Induce^
nients, whenever he fet Pen to Paper; yet here there mufl
be foiiething put to the Account of Gratitude. And how
large a Debt of this Nature muft be due, fro'^^^"^'
to him that was the beft of Brothers and the beft of
Friends, the whole World muft be fenfible How we 1
the Writer has fueeeeded in his Attempt to difcharge it,
muft be left to the Determination of thofe who ftiall per-
ufe this Work. ^ ,
And the fame Arguments ought to be no lefs prevalent
^•ith me towards the fending it abroad into the World
and preferring my Requeft unto your LordOiip, that it
may have Leave to pafs under your Proteaion. For as
my Father thought it his Duty to leave behind him thefe
Pampers, not only for the Sake of Truth but. to "lake fome
Return for the Benefits heaped upon him by this lUuftri-
ous Inceftor of your LordOiip s, and his beft Brother ; fo
I think myfelf bound to make them publick, for the for-
mer Reafon, and to beg they may be ho"^"^/ with your
Lordfhips Name in the Front, as a P"bl>ck Acknowledg-
. ment o? the many Favours your Lordfhip has conferred
■■ ■ t " ■ ■ ■
I j i . d K i»«i I . I » I I w l iW*^— ^*
m^M
upon
My Lord,
Tour Lordjlotfs
mojl ohed'tent^
and obliges d%
humble Servant^
MouNTAGu North.
THE
AUTHORS
P R E F A C K
77* may not he improper to acquaint the Reader^ in fome fort, with Defign of tis;
what is to be found in the following Sheets -, the Defign of which is ^^^^^^^
to make fome Apology for an officious, I might fay unqualified, Un-
dertaking to be a Life-Writer, and, asfuch^.to drefs up my Remembrances
of three honourable Brothers and Friends, the late Lord-Keeper North,
Sir Dudley North, and Dr, John North. They were allPerfons of cele-
brated Worth and Ability in their federal Profefjions -, and whofe Be-
haviour upon the publick Stage, as well as in their Retirements, was
"jirtuous, wife, and exemplary. But now, if they are not quite for-
got, that little, which is whifpered of them, inclines to the Sinifter,
and is wider from Truth, than theDtfiance which we are now at from
the Time when they fiourifoed: And, if we look out for their Names
in Hifiory, all is the fame. There is a two-handed one * in Folio^
whofe Excellency is coming after a worfe. The Author, among his
Eulogies, could not find Room to drop a good Word of any cf thefe^
though he hath condefc ended to adorn the Char alters of departed ^acks.
Poets, Fanaticks, and Almanack-Makers, When he could fay jio 111 of
them, it was prudent Malice to fay Nothing, Better to forego the
very Marrow of Hifiory than do Right to any of thefe. And if the
Confideration of Common Good, which alwaxs flows from the bri Bot!^n'r coimon; and that is their Parentele and Family Relation:
t:^^- And then proceed to the Lives, beginning with the edejl the Lord
.-nilford Lord Keeper of the Great Seal of England, then the
SiTs- Dudley North/W come at laft to Dr. John North, Mafter
cf Trinity College, Cambridge. , .. , t. r
c- nnHiev North Knis:ht of the 'Q^.ih, and Lord North, B^row of
-^^"^ ^^X^^^^" C-brldgfhire. was their Father. His
-L^l^ Verwas Sudley aljo, and had three other Children Firft,aon
Aunt ne, th ether, Dorothy, married the Urd D.acs of the South
tih at Match, had a Son and a Daughter; the Son married the
1 ;^ Lord Loftus. Daughter, and had diverfe Children. He ad an
Estate given him on purpofe to change his Name Jrom L.on.rA (that J
^i Dares Family) to Barret. His eldeft Son is aljo matched, nd
ed.
ciy Dacres.
The AUTHOR'S PRRFACE.
\^
111
hath Children.- His Seat is at Bell-Houfc Park near Purfleet in EiTex;
and they 'write their Name Barret, alias Leonard. The Lord Dacres
had Iljue by a former Wife, of whom the now Earl of Suflex is defcend-
ed. After the Death of the Lord Dacres, his Widow, the Lord North's
Daughter, married Ch^loncr Chute who was once Speaker to the Pfeudo-
Houfe of Commons. She had no Iffue by him ; but his Son Chaloner (by
a former Wife) marrying his Wife's Daughter (by the Lord Dacres)
had Iff'ue three Sons and a Daughter. Chaloner, the eldeft, diedfingle-y
Edmund, thefecond, married the Widow of Mr. Tracey, a Daughter
of Sir Anthony Keck, and having diverfe Children, lives * at the Vine
in Hampfhire. The youngeft, Thomas, was once Clerk of the Crown
in Chancery, and married the Daughter of
Rivet of Brandefton in Suffolk, and left Children, of whom
Thomas Leonard Chute, the eldeft Son, now lives at Pickenham in Nor-
folk. And here concludes all the Defcent from the old Lord North by
his only married Daughter the Lady Dacres.
That Nobleman was a Perfon full of Spirit and Flame ; yet, after An Account of
he had confumed the greateft Part of his Eftate in the Gallantries of^hlr, and" Fa'
Kifig James'j Court, or rather his Son Prince Henry V, retired, ^«^ J^"/ and Re-
lived more honourably in the Country upon what was lefty, than ever lation.
he had done before. He bred his eldeft Son Dudley, the Father of thefe
three Brothers, after the beft Manner ; for, beftdes the Court, a?td choiceft
Company at home, he was entered among the Kfiights of the Bath, a7id
fent to travel, and then into the Army, andferved as a Captain under
Sir Francis Vere. At length he married Anne, one of the Daughters
and Coheirs of Sir Charles Mountagu. He ferved his Cou?ttry in diverfe
Parliaments, and was mifted to Jit in that of Forty, till he was fecluded.
After which he lived privately in the Country, and, towards the lat-
ter End oJ his Lije, entertained himfelf with fuftice-Bifmefs, Books, and
(as a very numerous Ifjue required) O economy. He put out a little TraB
of that SubjeB, with a Preface lightly touching the chief Crifes of his
Life. Afterwards hepublijhed a fmallPiece entitled, Paflages relating to
the Long Parliament with an Apologetic, or rather. Recantation Preface.
He wrote alfo the Hiftory of the Life of the Lord Edward North the firft
Baron of the Family^ from whofe Daughter the Dukes of Beaufort
* This is to be underftood of the Time when the Author wrote thii.
A 2
are
IV
ThsT Sons of
the fccond
Duiiley Lord
North, and
ihcir Matches.
The author's PREFACE.
are Jefcended, He ivas a Chriftian fpecidathely Orthodox and Good-,
regularly charitable and piom in his Family, rigidly juft in his Deal-
ing, and exquijitely virtuous and fiber in his Perfin, All which will
appear in his Writings, although the Style is not fi poignant as his
Fathers was. But, to purfue the Relation, his Lady, by tht Mother's
Side, was defcended of Sir George Whitmore, once. Lord Mayor of
London > which opens a large Kindred towards Wales, of which it is
faid that above thirty came into coparcenary Shares ^ of the Eft ate of
Sir Charles Kemifb. Her Father was the before mentioned Sir Charles
Moiintagu, of five the youngejl Brother, of the Boughton Family,
now honoured with a Dukedom. From the other Brothers as many no-
ble Families are alfo derived, as Manchefler, Sandwich, and Halli-
fax. Sir Charles had two other Daughters, one married the Lord
Hatton, and had diverfe Children, and, amongft the reft, the * incom-
f arable Captain Charles Hatton. The other Daughter married Sir
Edward Bafli of Hertford/hire, who died without IJfue-, thenft^e mar-^
ried Mr. John Cary of the Falkland Family, and Mafler of the Buck.
Hounds under King Charles II. and died alfo without Iffue.
This laft Dudley Lord North and his Lady had fix Sons and four
Daughters who lived ta appear in the World, befides fome who died
in Minority, viz. Frances, Edward, and Dorothy. The eldeft Son was
Charles, who received the Honour of Knighthood, and married Ca-
therine the Daughter ^William Lord Grey of Wark, and was, in hii
Fathers Life-time, called by Writ to the Houfe of Peers, by the Ti^
tie of Charles Grey of Rolleflon. They had two Sons and two Daugh-
ters who furvived. The eldeft Son, William, is the prefent Lord North
and Grey, who is matched with Maria Margareta one of the Daughters
of Mr.C. de jonge van Ellemete, late Receiver of the United Netherlands.
Thefecond Son, Charles, a Major in the late Wars in Flanders, died
there of a Calenture, Toe eldeft Sifter Catherine died at Sea coming
from Barbadoes: And the youngcft named Dudleya, having ema-
ciated herfelf with Study, whereby ftje had made familiar to her,
not only the Greek and Latin, but, the Oriental Languages, mider the
Jnfticlion of a fedentary Diftemper, died alfo-, and both without Iffue,
Her Library, ccnffting of a choice ColleBion of oriental Books, by the
* The Rcafon why the Ilonourd'c Author joins the Epithet incomparable to this Gentleman's
llamc wul be fcea fiom a Story wk ch will be related in the Lite of Dr. John North.
prefent
i
4
f
The author's PREFACE. v
prefent Lord North and Grey her only furviving Brother, was given to
the parochial Library of RoUgham in Norfolk, where it remains. The
Lord ISiorth' sfecond Son, Francis, the third Son, Dudley, and the fourth,
John, are the SubjeB of the three Life Treatifes intended to follow y
where will be remembered the State of their Families, The fifth Son
was Mountagu, a Levant Merchant, who died without Jfue, The
youngeft, Rogef, ?narried Mary the Daughter of Sir Robert Gayer of
Stoke Poges near Windfor, aitd having had two Sons, Roger and Moun-
tagu, and five Daughters, Elizabeth, Ann, Mary, Catherine, and
Chriftian, lives (out of the way) at Rougham in Norfolk.
Of the four Daughters of Cudley Lord North, the eldefl, Mary, The Daugh-
was married to Sir Williafti Spring of Pakenham ty Bury in Suffolk. tL^Ltl\x
She had Ifiue a Son, but lived not to have any more, a7id the Son died ^^^^"^^^^ ^o-
in his Infancy. The fee orid Daughter, Ann, married Mr, 'Ko\itx\. Foley, Beifefi?'o°f ^a
a younger Br afu:h of the (jiow) Lord toltys Family, and their ^ W^ rX"J^'^
Son North Foley, having married a Daughter of Sir Charles Holt ^'^'"'^
of Warwickfhire, lives now at Stourbridge /;/ Worcefterfliire. The
third Daughter, Elizabeth, married Sir Robert Wifeman, a younger
Son of the Rivenhall F^/«//y in Effex, Dean of the Arches, who dyin^r
without Iffue, floe is fince married to the Earl of Yarmouth. The
fourth and you72gefi Daughter, Chriflian, married Sir George Wenieve
of Brettenham /;; Suffolk. And they have left diverfe Children; of
whom the eldefi, John, married a Daughter cf Sir Chriflopher Muf-
grave, and now refides in the Place of his Father at BrettenJjam. This
is the Family Relation of thefi three Brothers whofi Lives arc upon the
Carpet before me. So much of Particularity co?2cermng them (althcu^rh
a jufi Pedigree ought fo have taken in much more) may perhaps ""be
thought fuperfiuous, as fiot being of any general Concern. ' Tet real/y
the Cafi is memorable for the happy Circumfiance of a Flock, fi nu-
merous and diffufed as this, of the lafi Dudley Lord NortliV, ^.vas
and no one fcabby Sheep in it, confidcring what Teinptations and lucres
have lain in their Way, is not of every Days Notice, It was ihcir
good Fortune to be furrounded with Kindred of the rcrcaicfi Eftira-
tion and Value, which are a fort of Obligation to a^good BehaviZr
It IS very unfirtunate for any one to fir ay from the Paths cf Virtue
who hath fuch Precautions, and fonorous Mementos, en all S^dcs rf
him : And it is almofi enough to be educated in a Family r^hcrein was no
VI
The AUTHOR'S PREFACE.
Injiance of Irreligion or Immorality either pra^ifed or allowed. Such
Virtue, or Efficacy, hath an early Example to affeB the Manners of good-
naturd Youth, 1 ivould not have it thought that, beyond this Advantage,
I hold forth a Family Relation, as Matter of Merit, to any one in
particular', but fay only that, allowing no peculiar intrinfck Worth, in
a particular ? erf on, derivable from the Honour of his Family (becaufe
his own Value, and not his Anceftors, muft fet him off) although fuch a
Circumjiance is not to be flighted, yet there is fome Good comes of it-,
which is that the Defendants muft know that the World expels
more from them than from common Men: And fuch a perpetual Mo-
nitor is an ufeful Companion, And if there be any Perfons of fuch
upftart Principles that, with them. Antiquity of Families is rather
Matter of Ridicule than of Honour, let them enjoy their Epicurean
ProfpeB, and fee their Pofterity run Riot into DeftruSiion, before the
Earth covers the corruptible Ingredients of their Compofltion,
THE
Vll
THE
L
I
F
E
Of the Right Honourable
y
FRANCIS NORTH,
Lord Guilford,
LATE
LORD KEEPER
O F T H E
GREAT SEAL of ENGLAND.
MY Defign is to leave behind me all that I can remember, ^"^oduftion
or warrantably colka:, concerning the Lifeof the Lord SeiTJn^ tl
Keeper North, A Work much needed ; and to which I ReaiSn.
am indeed provoked, becaufe I find an affeded Endeavour of a pre-
vailing fort of Men in thefe latter Times, and efpecially the more
folemn Writers oiEngliflo Affairs, to fupprefsall Memory of his Lord-
fliip's Name and Worth : To the end that his Charader, and Beha-
viour in the Courfe of his great Employments, fliould be utterly un-
known to After-times; as if no fuch Perfon had ever lived in the
World. I (hall alledge but one Inflance, and that is an egregious one.
A late double-column'd Hiftorian in Folio, of whom Mention has been
made already in the Preface, writing the Affairs of £;?^/rz;j^, and in
particular what fell out in the Reign of King C/v;;V^i II. hath taken
upon him to charaderife the famous Men that died in his feveral Years:
And yet of the Lord Keeper North no fingle Word flips from his Pen ;,
and one mufl look very hard to find fo much as his Name in the
whole Work: And, confidering the Value of that great Juftitiar
(which I hope will be made appear in what follows) is not fo no-
torious Partiality , in fuch a pompous Writer of Iliftory, wonderful ?
But
'•.*"«
Declined
F^me in all
Things.
Tie LIFE of the late
But, not only there but, in all the other Writers of thofe Times, when
the 'Quality of thofe Things related require him to be named, how-
ever the Aaions or Occafion might deferve, it is done in an ill-na-
tur'd Manner, and with a Leer, implying rather Difgrace than any
Honour to his Memory. And, fince his Death, we do not find in
ordinary Converfe, or Confultation of Things part, any Mention
of him, or, at moft, but as one that had been preferred to ferve Turns j
and fo, dying, there was an fend of him. ^ ^ , . ^^
Now here, to make the faireft Conftruaion of this Silence in a
Cafe fo eminent, and afcribe it chiefly to Ignorance, although I think
Time-fervingnefs and Malice hath the greateft Share, I will (hew that,
in his Lordfliip's Cafe, there was lefs obvious Means for Fame than
in any other great Man's Cafe whatever. For, firft, he was quite out
of Favour with the buiy agitating Party of Men in his Time, then
termed the Fanatic Party; and thofe are the chief Architeds of
Fame: And, having nothing ill to fay of him, they would fay no
Good, and therefore chofc to fay nothing at all. If he had aded in
thefe Men's Meafures, and, betraying his Maftcr, took in with them,
and become their Property, he had certainly been the moft illuftrious
Hero in the Law that ever was heard of Another Reafon is derived
from his Lorddiip's own Condud of himfelf, which was always with
the <^reateft Modefty and the leaft AfFedation of Fame that could be.
He rather withdrew himfelf from it, as being, in his Opinion, an
empty Vanity; and ever labouring to adt well and fubftantially, as con-
cerned for the Truth and Intelligence of Things, and not for any Ho-
nour to be got thereby, he fcarce ever did any Thing for Shew, or
fpokc a Word for the fake of meer Sound or Oftentation: But, in all
he did, to have Reafon on his Side, and to make himftlf therein rea-
dily undcrftood, was all that he aimed at: Otherwife he bore him-
felf retired from Publick View and Eclat as much as ever he could.
It is no great Vv^onder therefore that nothing pompous hath been re-
membered of him. If he had carried it high, headed Parties, and em-
braced the Management of what had not belonged to him, and the
like it had been otherwife. Or if he had printed his Colledions in
the Law, of which he had made feme confiderable, or the other
Tradts he had in his Mind to make fit for the Ufe of his Time,
or done any Thing elfe, which ordinarily great Men do, for Fame
and Honour, he might have left a Name behind him, great as he de-
ferved. But he never let any Thing come to the Prefs under his
Kame* but what belonged to his Office, or was abfolutely nccdlary
for his Vindication. It is no Wonder therefore that (the Malice or
lo-norance of Hiftorians apart) there is fo little Remembrance of this
noble Perfon'sLifc and Anions (fo near his Time as we are) now ex-
tant :
LORD KEEPER GUILFORD. p
tant: And, probably, after a Reign or two more, bating a formal Llfl
of Lord Keepers, that lets none efcape, his very Name will be forgot.
Here is Reafon enough to incline any one, endued with competent The En^gc-
Information of the Subjedt, and a literate Capacity to digeft and exprefs Mernsto'thi
what he knows thereof, to refcue this honourable Perfon and his great Work.
Abilities, his approved Juftice and Integrity, and univerfal good Will,
from utter Obhvion, by writing the Hiftory of his Lordihip's Life.
But where do thofe Qualifications concur ? The very Expedtation of
them puts me in mind of latter Lammas. But it is ufual to fay what
Good cannot be done in Perfection, as it fhould be, ought to be done,
though but in Part, or as it may be. And, upon Force of that Con-
fideration, I am inclined to undertake it; for, if I am wanting in Ca-
pacity to write as the Subjedt deferves, I am capable of informing
others who may do it better; and am therein farther urged by the
Confideration of my former Felicities. For it was my good Fortune
to be fo nearly allied to him, and, by Circumftances of Education
and Profefiion, fo clofely attached to his Perfon, that we were almofl
infeparable. Therefore, upon the Strength of the latter of thefe Qua-
lifications, whatever becomes of the former, which, in Senfe of my
own Inability, I forbear to claim, I am induced to undertake this great
Work, which I would have underflood to be rather Inflrucftions, than
Hiflory. And if I am required to give an Account of my great Con-
fidence therein, I mult alledge that, if I am not the beft inftmded of
any Man living for it, it is my own Fault; becaufe I pafTed almofl all
the adtive Time of my Life in his Company. And now almoft all
Perfons of his Intimacy, capable or concerned to remember much of
him, are dead, or at leaft, after fo many Years, thoughtlefs of all they
might once have known concerning him. But I am at this Time
left a living and fenfible Witnefsof his mofl publick and moft retired
Behaviour; and moreover a well qualified Compurgator of all his
Thoughts and Adions: And who elfe fhould be called upon to fhew
to Pofterity what he was ? And alfo that there was once aMagiftrate of
a Kind, fince the Lofs of him (barring all Comparifons) rather to be
wifhed than hoped for. And not only to fupply Hiftory, which
(after the partial Gree of the late Authors) has been, to all good Purpofes,
filent of him, but alfo to refel Calumny, whether fpread abroad in his
Life, to fupplant his Interefls, and to enervate his Authority, or late,
published after his Death, to depreciate his Memory; of which feveral
Species of Malice we had, and have yet, fome extant, but little, and
even that little very impotent and inconfiderable: Yet I cannot but
think it in me a fort of Duty to puff away fuch Slight Dufl, becaufe
Calumny, which rifeth after a Man's Death (the mofl unworthy and
dcgenerous of all) needs mofl a Friend to retund it; becaufe, asaMan's
B Authority
10
Method or
Pilpolition.
The LIFE of the late
Authority and Power ceafeih, Impudence gets Ground, and tlilnks to
ramp it without Check : But, of the Ce Affairs, the Particularities are re-
ferred to their proper Situation. And here I mufl not omit one of the
chief Impuhl^s upon my Spirits to undertake this Work; I mean Gra-
titude: For as, on the one fide, no Man is obliged to ferve a Friend or
Benefadtor by any grofs Immoralities, for that muft be termed Confpi-
racy not Friendlhip, fo on the other Side, no Man ought to be wanting
to a Friend, in any manner of Juftice, for no better Rcafon than that
fome Folks will mifconftroe it, as being done for Partiality. I ovvtii
that all my Portion of Knowledge and Fortunes are owing to him;
which makes mc a Debtor in Account of Juftice and Honour due to
his Memory: And, for clearing myfelf as well as I may (protelling
in the mean while to fay nothing falfe, or difguifed) (hall I not fay
what is juft and true of him ? I defy all Calumny on that Account,
and I hope to acquit myfelf accordingly. And wherein foe ver I may
fail, or come Hiort of the Fullncfs or Ornament fuch a Subjeft requires,
I defign fecurely to fet down Nothing but what cither perfonally 1 know
and can atteft, find declared in his Writings, received from his own
Mouth, or have from indubitable Report of others nearly enough m-
formed to be efteemed pundually true. I have another^ Reafon yet,
which, for true Value, may furmount all thefe; and that is a Tendency
to publick Good: A Charm that all Writers anoint their Front with.
Therefore I fay only this, that if, in the Charader of a Perfon of Ho-
nour, I (hew an Example of Induftry, Ingenuity, Probity, Virtue,
Juftice, and, in the Courfe of all thefe, defervedly fuccefsful, without
one Minute retrograde, but concluding all at once by a natural Death,
and that in the Height of his Honour, I (hall commit no Adl of Dif-
fcrvice to Mankind in general ; and leaft of all to thofe of the Nobility,
whofe DefccndantS; embarking in the Profeflion of the Law, may find .
the greateft Encouragement from it. It may be thought I have touch-
ed here too much upon the Panegyric, and forget how hard it is to
make good fuch Promifes. I muft truft to that; and do but alledge
here that the Nature of this Work, and my Reafons for undertaking
it, required no lefs. Which being the proper Introdudlion, I have not
formalifed upon what I am fully podefled is mofl true.
It will be hard to lead a Thread, in good Order of Time, through
his Lordfhip's whole Life ; for there are many and various Incidents to
be remembered, which will interfere, and make it necefiary to ftepback
fometimes, and then again forwards : And, to fay Truth, I have not the
Pundualities of Times at my Command, and may err in fome Points of
Chronography. I fhall therefore, for Diftindlion fake, break the Courfe
of his Lordfhip's Life into four Stages; whereof the firft (hall be
from his Lordfhip's Infancy to his being qualified to pradtife in the
Law,
xr
LORD KEEPER GUILFORD.
Law, and called to the Bar. The fecond (hall he from the Time of
his^firft Pradice until he was advanced to the Poft of a Judge, and
made Lord Chief Juftice of the Common Pleas. The third, while he
an.r.i I'../- ^vhereof the happy Confequences are noted afterwards) proved of great
n.r . i-.vour. ^^^ ^^ j^.^^ .^ the Direaion of his Reading. For Mr. Attorney (vvhofe
Good nature and Affability was fuch, that a young Gentleman might
demand anything of him that tended to the Advancement of his Stu-
dies ; and he would anfvvcr fully and friendly to it) was a very great
Book Lawyer, and yet never made any Commonplace; which is a
rare Inflance, and a Sign of a great and diftind Memory: But yet not
fo great as fome have had, who have been fo full of Titles of Books and Fo-
lio's that theirUnderflanding was kept truly under, and they knew nothing
elfe. For thisReafon old Serjeant Waller was called Index-, and People
went for his Opinion, only to bring away a Lift of Quotations to af-
fift ether Counfel that underftood better. I doubt not but his Lord-
fhip was encouraged by Mr. Attorney to commonplace fo much as he
did, whereof the Want might be fenfible to himfelf that had not done
fo 'but, too late perhaps, wifhed he had done it. And the Courfe and
Method of Study, which his Lordfliip uled and recommended to his
Friends, was derived from the fame Fountain. And of that, as far as
I have obfcrved from his Lordfhip's Difcourfe, was to ufe a Variety,
and not to plod on in the fame Tradl too long.
There are of Law-Books Inftltutions of various forts, and Reports
Boot' '^ of Cafes (now) almoft innumerable: The latter bear molt the Contro-
verfial Law, and are read as Authority fuch as may be quoted: And
I may fay the Grofs of Law Ledure lies in them. But to fpend
Weeks and Months wholly in them, is like Horfcs in a String before
a loaden Waggon. They are indeed a careful fort of Reading, and
chiefly require commonplacing, and tliat makes the Work goon (lowly.
His Lordfliip therefore ufed to intermix fome inftitutionary Reading
with tbem, as, after a Fulnefs of the Reports in a Morning, about
Koon to take a Repaft in Stamford, Crompton, or the Lord aAY ^Fleas
of the Cro^u:n, and Jurijdiaion of Courts, Mamvood of the Forcft
Liw F'tzherbert's Natura Brevium-, and alfo to look over fome of
the Antiquarian Books, as Briton, Bra^on, Fleta, Forte/cue Heng^
harr the old Tenures, Narrationes Novce, the old Natura Brcrium,
and \he Divcrfitv of Courts. Thefe, at Times, for Change and Re-
frcfliment, being Books all fit to be known. And thofe, that, as to
Authority, are obfoleted, go rounder off-hand, becaufe they^ require lit-
tle commonplacing, and that only as to Matter very finguiur and re-
mark..ble, and fuch as the Student f;incies he flrall dcfire afterwarus to
recover And, befides all this, the Day afforded him Room for a httle
LORD KEEPER GUILFORD.
'9
Hiftory, efpecially of England, modern Books, and Controverfy in
Print. But now, as to the Englijh Iliftory, I may add a modern Im-
provement; ^72;. the two Volumes of Dr. Brady ^ are added to the
Store, and compiled fo religioufly upon the very Text, Letters, and
Syllables of the Authorities, efpecially thofe upon Record, that the
Work may juftly pafs for an Antiquarian Law-Book. In this Man-
ner he ordered his own Studies, but with Excurfions into Humanity
and Arts, beyond what may be fuitable to the Genius of every young
Student in the Law.
And he was moil fenfible of the Benefit of Difcourfe, which I men- Emr^oymcnt
tioned before; for I have obferved him often fay that, after his Day's ^' ^'^>^"'^^'
Reading (as in London if he had the Opportunity) at his Night's Con-
grefs with his Friends, either at Commons or over a Chop, whatever
the Subjcd: was, he made it the Subjed of his Difcourfe in the Com-
pany : For, faid he, I read many Things which I am fenfible I for-
got ; but I found withal that, if I had once talked over what I had
read, I never forgot that. This agrees with a Diredion to a Student,
faid to have come from the Earl of Nottingham^ That heJJ:ould ftudy
all the Morning, and talk all the Afternoon ; becaufe a ready Speech
(if it be not Nature's Gift) is acquirable only by Pradice, and is very
necelfary for a Bar-Pradtifer. I remember that, after the Fire of the
Temple, it was confidered whether the old Cloift er Walks fliould be re-
built, or rather improved into Chambers; which latter had been for
the Benefit of ihc Middle Temple. But, in regard it could not be done
without the Confent of the hiner Houfe, the Mafters of the Middle
Houfe waited upon the then Mr. Attorney Fi?7ch, to defire the Concur-
rence of his Society, upon a Propofition of fome Benefit to be thrown in
on that Side. But Mr. Attorney would by no Means give Way to it, and
reproved theMiddle Templers very wittily and eloquently, upon the Sub-
jedt of Students walking in Evenings there, and putting Cafes; which,
he laid, was done in his Time, ds mean and low as the Buildings were
then, however h comes, faid he, that fuch a Benefit to Students is now
made fo little Account of And thereupon the Cloyfters, by the Order
and Difpofition of Sir Chrijlopher Wren, were built as they now ftand.
And, agreeable to this, Serjeant Maynard, the bcft old Book Lawyer
of his Tim-e, ufed to fay that the Law was Ars Bablati-ca-, whi^
humourfomely enough declares the Advantage that difcourfing brinc^s to
the Students of the Law. And certainly, above all things, the Art of
prompt fpeaking is to be cultivated, as hv as may be, according to the
apteft Rules of Oratory, becaufe it wonderfully fets off a Bar-Pradifcr:
And many, by that very Talent uncultivated, and ovv'ing to pure Na-
ture, have fucceeded beyond others much more learned. He had fuch
a Relilh of the old Year Books, that he carried one in his Coach to
C 2 divert
20
\:re of the
Year Books.
/ncient Me-
hod of plead
ii*
The LIFE of the late
divert his Time in Travel, and faid he chofe it before any Comedy
A true Notion of theUfe of any Thing, however out of the Road of
common Approbation, will adminifter (uch a fuperlanveTaOe.
I do no know that his Lordlhip had read over, in Courfe, all he
Year Books • but I verily believe he had difpatch'd the greateft Part.
Id that h began with Ihe Book termed Hen VII wh.ch hath fome
Years in the antecedent Reigns. That Book he ufcd to fay w s the
Lft ufeful, or rather neceffary for a Student to take ear y uUo lus
Hand, and go through with, becau e he had obferved n^" ^ ^^ ^'^^
common Law, which had fluduated before, received a ^ettlement a
that Time; and from thence, as from a cop.ous Fountain, it hath
been derived, through other Authors, to us, and now is in the State
of common Erudition, or Maxims of the Law. He thought a Lawye
could not be well grounded without a Knowledge of thefe ancient
Reports: For they were compiled by Men folemnly authoriled and
not as now, when every ordinary Praftifer (to fay nothing of the late
ludRes; and even their Reports have been moft taken when they were
Pralifers) pubim^eth his Reports as he pleafeth; and the Book eller
procuring an Imprimatur, there is no more to be fa.d. And thus the
Lives are loaded with Reports ; all which to read much more to
commonplace, is, not only Labour but, hardly poffible to be done
aZ how erroneous and contradidory, not only to other Books, and
even in the fame Cafes, but alfo to themfelves, in many Inftances, are
moft of them? And what Student or Lawyer ever pretended (ingenu-
ounv) to know what was in them all ? Or what Queft.on can hap-
pen 'that may not be very plauf.bly argued pro and «« out of them
Or what Arguers, on either Side, can now want a Cafe in Point (as
they value themfelves ) to conclude with ? „ , r. r r u
Thus it is become almoft neceffary to make a Pandeft of Law by
eftablidiing the Authority of fingle Points that are clear, fuppreflmg
all the reft ; and thereby purge out all Inconfiftencies, Contradiftions,
and Dubitations; which being once done, the Law Learning may
have more Credit, and not be call'd foft Wax But, to return to the
Year Books, it is obvious what Deference ought to be had to them
more than to the modern Reports; for. paffing by the very rtiort and
material rendering the Senfe of the Pleaders and ot f.e Court, it mnft
be obferved that the whole Caufe, as well the fpec.al Pleadings as the
Debates of the Law thereupon, was tranfafted orally at the Bar and
the Proihonotaries, ex officio, afterwards made up the Records m Latin.
And the Court often condefcended to difcourfe with the Serjeants a-
bout the Difcretion of their Pleas, and the Conlequences, with relpcft
to their Clients. And the Court did all they could to prevent Errors
and Overfights. And Reafon good ; for clfe their Records muft go up
LORD KEEPER GUILFORD.
It
i
i
to the King S'Bencb to be canvafTed for Error, which they did not de-
fire fhould be. And thefe Tranfadtions, faithfully reported, was an-
ciently a Code of the Common Law, which the Courts deferred very
much to, and the Pradifers had by Heart. But, now, the Pleadings
are all delated in Paper, and fo pafs the Offices, and the Court knows
nothing of much the greater Part of the Bufmefs that padeth through
it: And when Caufes, which they call real, come on, and require
counting, and pleading at the Bar, it is done for Form, and unintel-
ligibly ; and, whatever the Serjeant mumbles, it is the Paper Book
that is the Text: And the Court as little meddles with, as minds, what
is done of that Sort at the Bar -, but the Queftions, that arife, are con-
fider'd upon the Paper Book. All the reft of the Bufinefs of the Court
is wrangling about Procefs and Amendments, whereof the latter had
been moftly prevented, if the Court (as formerly) had confider'd the
firft Ads of the Caufe at the Bar, when ofFer'd by the Serjeants. And
this Way alfo the Skill of pleading lies not in a Student's Notice, for
him to gather up together with the Law Part of the Cafe; but he
muft read over Records and Entries, a Difcipline that would fplit a
brifk Gentleman, by making a Jade of his Patience. And really
Forms are better underftood and learned by writing than by reading;
for that Exercife allows Time : Which Confideration hath made
Clerkfhip fo recommendable to Beginners, that moft enter the Profef-
fion of the Law that Way. It was not Morofenefs, but Reafon, that
inclined his Lordftiip to deal fo much as he did with the Year Books;
and however, at prefent, that Sort of Reading is obfolete and defpifed,
I guefs there will not be found a truly learned, judicious common
Lawyer without it.
After a good Foundation out of Books, his Lordfliip, together with Attentianceon
his farther Studies, join'd an Attendance on the Courts of Juftice. For ^^^ ^o^^'ts.
an Obfervation of the Pradtice, gave a great Life and Spirit to what
hud been gain'd by reading. His Defign, with the Community of his
Profeflion, was to enter his Claim to Bufinefs at the Kifig's-Bcjich Bar,
which inclined him to make his preparatory Attendance there; but
yet he thought fit, as he hr.d been alfo advifed, to attend, as a Stu-
dent, moft at the Common Fleas: For there all Suits are drawn forth
upon the ancient and genuine Procefs of the common Law; and, as
the Lord Nottingham^ in one of his Speeches, exprcfleth, T^hc Laiv is
there at home. The Time of that Court is not taken up with fadious
Contentions, as at the King's-Bench, where more News than L^w is
ftirring. And his Lordfliip, wherever he was in the way of learning
any Thing, never fail'd to have his Note Book, Pen and Ink ready :
And in that he wrote as a Reporter, and afterwards, generally that
very Day, he pofted his Gatherings into a fair Book ; for then he
could
Reports of
Cafee, and
Law French.
21 The LIFEs of the late
could fupply, out of his Memory, what was nnperfeflly taken, and
recover Things that had not been noted, and difpofe all into Ibme
tolerable Order : For a young Reporter's Note Book is fo dilbrderly
wrote, or rather f>:ratched, that none but himfelf, nor he, after a
few Days, can make any Thing of it.
I do not find that he had Opinion enough of his early Reports,
taken while he was a Student, to preferve them either fair or foul ;
for none fuch are come to my Hand. But juft upon his coming to
the Bar, he attended at the Co?nmon Pleas whilft Hales was a Judge
there. And fome Cafes are found at the Beginning of his Reports,
taken there. And I perceive, by that Book, that one Year's Reports
to Hill. 1657-8, are of the Common Fleas^ and from thence they
run all as of the Kings-Bench. By this time he found his Strength
at that Exercife, and began to be very careful of his Reports. He
was alfo an Attendant (as well asExercifer) at the ordinary Moots in
the Middle Temple and at New-Inn -, whereof the former is the fupe-
rior, and governs the Exercifes, and took Notes, In thofe Days the
Moots were carefully perform'd, and it is hard to give a good Rea-
fon (bad ones are prompt enough) why they are not fo now. And
he contrived to flay in London to be prefent at famous Pleadings, as
particularly that of Sir Heneage Finchy and fome others. The ready
Ufe of the Law French came eafily to him, becaufe he well under-
flood the vernacular; and he had acquired fuch a Dexterity in writ-
in^ it with the ordinary Abbreviations, that he feldom wrote haftily in
any other Dialed : For, to fay Truth, barbarous as it is thought to be,
it is concife, aptly abbreviated, and fignificative. And I believe his
Aptnefs, when in hafte, or writing to himfelf only, to write in Law
French, proceeded from his long Ufe and Pradice of noting at the
Bar ; which had created in him both an Eafe and a Dexterity in it.
When he had Time and Place to write at his Eafe, he ufually wrote
Englilli, and accordingly drew up his Reports.
Arplieato His Lordihip, long before he was call'd to the Bar, undertook the
Court-keep- Pratf^ice of Court-keeping. His Grandflither thought he preferred
^''^' him mainlv, when he made him Steward of his Courts. And the
voung Lavvyer procured of other Neighbours and Relations, to have
the Charcre of their Manors; and (o made the Employment confiderablc
to him. ^He did not, as many others of late, take a Share of the
Profits, and make fome Attorney a kind of Subftitute to do all the Bu-
finefs/but kept all his Courts himfelf, and wrote all his Court Rolls,
and made out his Copies with his own Hands; for he pretended to
no Clerk then. His Grandfather had a venerable old Steward, care-
ful by Nature, and faithful to his Lord, employing all his Thoughts
and Time to manage for Supply of his Houfe, and upholding his
Rents :
LORD KEEPER GUILFORD.
^3
Rents : In fliort, one of a Race of human Kind, heretofore frequent,
but now utterly extind:; and there is fcarce any of the Breed left,
that is, affedionate as well as faithful, and diligent for Love rather than
for Self-Intereft. This old Gentleman, with his Boot-hofe and Beard,
ufed to accompany his young Mailer to his Court-keeping; and ob-
lerving him realon the Country People out of their Pence for EiToines,
efr. he commended him, faying, If he could be contented to be a great
while getting a little, he would be a little while getting a great deah^
wherein he was no falfe Prophet. I have heard his Lordfliip fliv, he
thought this Court-keeping Bufinefs (which he u/ed to recommend to
others) did him a great deal of Service; for it iTiew'd him the Hu-
mours of the Country People, and accuftom'd him to talk readily
with them, and to meet with their Subtilties. They feldom came
forward without fome formed Stratagem to be too' hard for Mr.
Steward. Some would infifl to know their Fine, which he would not
tell till they were admitted, and then he infifted for his Fees ; no, they
w^ould know the Fine, and fome cunning Fellow would jog and ad-
vife them to pay the Fees, and not difpute that. And abundance more
of their Contrivances he ufed to fpeak of
He was mofj put to it in Cafes of Infancy, and Ufes declared in c.. t, t^ .
Deeds that did not appear. As for the former, if none came for the Sy '"^
Infant to be admitted, he feifed, not as for a Forfeiture but, quoufque,
&c. and made a Warrant to the Bailiff, quod rejpondeat Domino de
Frojicuis', which did not, as he faid, make the Lord accountable, who
in that Refpedl, had a Prerogative, as, upon a Reverfal of an Out-
lawry, no Money goes out of the King's Coffers ; but, if any Friend
would pay the Fine, he admitted the Infant, and him Guardian. As
to latent Uks, which often happen in Wills (and fometimes referring
to Deeds of Settlement) for long Terms of Years, he would not ad-
mit at all; and no Adion lay becaufe he had the Lord's Order- For
though he might fine to the Value, it did not anfwer, becaufe at that
i^te. Men might enfranchife the Copyhold, in fpite of the Lord's
Teeth. He hath Hud that the greatei^ Trouble he had in thofe Af-
fairs, was to fatisfy fome greedy Lords, or rather Ladies of Manors,
in fetting the Fines, and in being, in fome Meafure, an Executioner
r I'^SL'I'^^^P"^" poor Men. And, in very good earnefl, it is a
miferable Thing to obferve how Sharpers, that now are commonly
Court-^keepers, pinch the poor Copyholders in their Fees. Small Te-
nements and Pieces of Land, that have been Mens Inheritances for
divcrfe Generations to lay nothing of the Fines, are devour'd by
Fees. So that, if it were only to relieve the pooreft of the Land
Owners of the Nation from fuch Extortions and Opprefiions with-
out more, there is Reafon enough to abolifli the Tenure. It was fomc-
what
»4
Managed
fume Law-
Suits.
The like for
his Grandfa-
ther, and his
Vindication.
rije LIFE of the late
what uneciual wlien the Parliament took away the royal Tenures in
S rthaf'thTleffer Tenures of the Gentry were lett expofed to as
gSois Abufes as the former. The State o ^^at Matter fcems now a
the worft; for Copyhold Tenures continually wafte, and cannot be
renewed or encreaied : So that moil Manors are more than half loft.
Eithrraboirilibafe Tenures, or let Gentlemen enlarge them as they
pkafe?and that perhaps may tend to fome Repopulat.on. which is
more needed than any Means of Extortion. ,,.,.-
"hI Lordfhip. whil'e he was a Student, and ^unng h,s Incapac. y
to riraftife aboveboard, was contented to underpuU as they call it.
and managed diverfe Suits for his Country Friends and Reat.ons;
which he faid was ufeful to him in letting h.m into a Knowledge of
The Offices and the Methods ufed there , for he was always m Per-
son prefen at every Turn in whatever Bufinefs he undertook In a
Caufe fbr his Father againft Sir >i« Laurence, he recover d 300/.
Sd brought n a very moderate Bill of Charges, which pleafedh.s
Father who expeaed a great deal more. He made ufe of MMr,
a Sohc'itrr in CWry, who, for his Angular Integr.ty was famous
and on this Occafion; ought to be remember'd with Honour. H^
Lor'drphad a Veneration for this Mr. B^-f^r as long as he l.ved.
When his Lordlhip paid his Bill, the virtuous Solictor laid by a Sum
According to an uVal Rate) for him, faying that it was the.r Way.
ind °hev were allow'd at the Offices fomewhat for Encouragement to
?hem tharbrought Bufinefs. By this we fee what Country and other
Snies get b Chancery Suits! But his Lordfh.p would not touch
a Penny but turn'd it back upon the good Man s Hands.
He IlVo managed a Suit for his Grandfather with the hkeSuccefs;
and in the Clofe of that, fomewhat comical happening. I am pro-
voked to relate it And indeed what have we to remember of a young
San but Sg; that really fell out, and, in his Circumftances. not
InconiSable? After this Suit ended, his Lordftip fent to his Grand-
father the bitter Pill, the Solicitor's Bill of Cofts, and the old Man
fent hin the Money and he paid it. And afterwards, the noble
Chnt rev ew'd his Bill over and over, for, however moderately and
£ bandly the Caufe was managed he thought t^e J^m To al a grea
deal too much for the Lawyers. And, among other Jteins, he ob
lrved°reTt Numbers of Sheets in the Bill, and fo for the Anfwer and
5?epolU on befides many Breviates, Orders, (ic. as belong to a Chan-
cerv Cafe And he had heard in the Country of fuch Bills whereof
no Entry at all was in the Offices (no Miracle in our Days) and then,
know" ng Frank North to be a nimble Spark, he concluded that thefe
VtemTwereSuppofitions, and that he had fwalbwed the Money : And
S the Way of wilful People, upon a bare Sufpicion. concb^^ng a
J
I
I
^
LORD KEEPER GUILFORD.
Certainty, he deliberated how to catch him, (as it were) in the Fad-,
and then to expofe him to perpetual Shame and Ruin. And, purfuant
to this pious Refolution, he writes to Mr. Langhorn of the Temple
(who afterwards fuffer^d in Oatess Plot) to caufe Searches to be made
and to fend him Word if any fuch Proceedings, of which he o-ave
him the Account, were enter'd in the Offices. Whether it was by
Guefs, perfund:ory Searches, or the Perfon employ 'd took the Money
and cheated the Offices, I know not ; but it is certain that LanThor-d
return'd Anfwer, that no fuch Prcccedings ijoere to be found ution the
File in any of the Offices where they fl:ould have been enter d^ cr ^?2v
Copies oj fuch made out. This was Nuts to the old Lord, wlio
thought he had outwitted Frank-, and, while he was in London, ufed
to talk very myflerioufly of him ; as that, Frank had Wit enough, hut
thisHonefly, Honcfy, was a rare Thing. The Meaning of all which.,
the Family about him did not in the leaft apprehend. When Frank
was about to come down, the old Man wrote to him to brine with
him the Papers that belonged to his Cafe. And fo it reded till the
young Man arrived ; and then, for about a Week, all was well ; in
which Time, all the News and London Matters were talk'd over and
difpatch'd. And then, after Dinner, the old Lord turn'd to Frank,
and JFhere are the Papers, fdd he? The other anfwer'd, he
would go fetch thetn. This did not work v/ell, but fli!l the Event
was expedk'd ; and, after a little Paufe, Fj'ank return'd with a Bale of
Papers under his Arm, and let it down upon the Table, flandino- bv
it in Expedation of what would be faid to him. The old Lord,
being utterly fruftrated in his Expedations, turn'd about the Rcom
quicker than ordinary ; and, as he mended his Pace, Frank was in
great Doubt what was to become of him. At laft he ventured to faj^.
My Lord, what is your Pleafure I fall do with thefe Papers f The
old Lord dopt Ihort, and turning, laid. Wipe your A~~ e with them.
That Anfwer was not at all txpeded ; and, after a little Paufe, he
ask'd again what he fmild do with them? And his Lcrdlhip flopt
fliort again, and, twice as loud as before, faid he. Why, dont I tell
ye? wipe your A-^e with them. And there ended all his Ocnccni
sbout thofe Papers ; and Frank was redored to Favour. This Hiflc-
riettc manifeds the little Safety there is in lahe Dealing, as much as
the loftier Accounts of Hazards, or Decadences of g:T;\t Miniders of
the Court: For if tins young Lau-yer, for want of E}:pericnce, or
(we mud fay) of Honedy, had dabbled in a very common Pra^ice, of
/hamming a falfe Bill, he had been caught and undone. And on
the other Side, being faithful and jud, with the Tcdimony of Thir.a.^
to difculpate him, what a Triumph had he over a fevcrc old Man,
that had rejoiced to have expofed him.? And how drcp-'iv h th*'
^ D ^' Ccii.
^J
2(J
The LIFE of the late
Concern'^ m
a Family Ro-
voluti:">n, to
his Lofs.
ronfeauence of a very trite Maxim (in Mouths, but rare in Hearts)
vS by this Inftance, that Honcfty is the kfi Fohcy^ And there ,s
this farther Leflbn, in it, that young Men, in making the.r Fortunes
mart deoend, and are obliged to bear with Humours and Iniultices
from tho e they depend on^ And. in that School of the World, tney
earn to be reifonable and juft themfelves ; for tew Men ever value
Reafon and Juftice, till they have fiiarply felt, and fo have been made
fenfible of the contrary. ,^ . , ^ i
There was an Emergence in the Family of his Lordftip's Grand-
fuher which, as to the Oeconomy of it, was of the laft Importance:
Andi'a gard it drew in his Lordil.ip to be the chiet Ador m the
Scene and, as Things then ftood, a bold Undertaker, and (hews h.m
fo early thought fit to be employed and entrufted inmce Performan-
ces I Lu give a Relation of it. The old Lord, bef.des his reverend
SteWard mention'd before, had two other Servants of \f-"fj^^^^
who were his Favourites. One was call d Bertram St. Genes, tliat
had fcarce En^lifi enough to make himfelf underftood ; but a grols
slpTant, an^d (^ mort unfit for Bufinefs He had married
the other's Sifter and had Children, for whom a Habitation was pre-
pared near Hand. He was a very little Fellow, and fcrved as ^Falet
\ic Chambre, and had thereby Means to infinuate to the Prejudice of
the reft of the Family. But the other, Monfieur le Blanc ,r^ Enghfi
as he was called ) thite, was a brifl., gay Spark, that had been bred
.t Court (fuchasitwas) a Page to Sir John Danvers, one of he
Kin-'s ludges. He could dance, fing, and play very neatly on the
VioUn, was good Company, and fcrved as a Gentleman Waiter, and
w'°s moft acceptable inMiis mufical Capacity. It fell out, very un-
Juckilv for the Family, that the old Lord quarrelled with his good
Stewf-rd i and, as his Humour was to be very tyrannical and vindica-
tive, fo he had taken a Relolution never to be in the wrong And he
cared not whom he perfecuted, nor how unjuftly or unreafonably if
it tended, as he thought, to juftify any Thing he had done : And 1^
more miftaken he found himfelf, the more violent was he m his Pi o-
ceedint'S : as if, by that Means, he was to fet himfelt right. Thefe
are the Dregs ^f an old Courtier. But furely he tormented the poor
old Man by Rcvilings, and Law Suits, and at laft broke his Heart ;
and he died. But. upon the firft turning him off, there was a Place
fdlen no lefs than the premier Minifter in that Family; and the
Sion came, who (hould fucceed him ? S\r Dudley Nortb^ h^
L^rdfliip's Father, was really afflided at the hard Ufage of the old
Steward ; and more at the Ruin he fore fa w would follow, ,f that
rafcally Monfieur, who was worfe than good for "°thing. was mad^
Steward. There never was an Inftance of filial Duty to a Parent
more
5
1
LORD KEEPER GUILFORD.
more eminent than that of Sir Dudley Nofth to his Father. He lived
to a good old Age before the Barony defcended upon him, and had
flood as an eldeft Son of a Peer, at the State in the Houfe of Lords,
at Sixty- three. He never would put on his Hat, or fit down before
his Father, unlefs enjoined to do it. So far was he from moving any
Thing to him that he knew would difpleafe him ; and fo egregious
was this dutiful Demeanour, that all People took Notice of and ad-
mired it. And fome were fo afTured to fay, that Sir Dudley had his
Reward in living to fee all his own Children, who were not a few,
male and female, both dutiful to him, and fettled profperoufly, ac-
cording to their feveral Pretenfions, in the World. But Sir Dudley^
dreading the Advancement of this Bertram^ encouraged his Son Franks
who feem'd a Favourite alfo, to reprefent to the old Lord the Un-
fitnefs of that Fellow to be his Steward ; and he accordingly ventured
to fay, he hoped his Lordjlnp did not intend to make Choice of him.
Why Jo ? faid the old Lord. JVhat can you charge Bertram with f
He anfwered, that for many Tears he had the Charge of his Wine
and Jirong Beer Cellar ^ a?id never gave his hordjlnp an Account of
thaty or any T^hing he ivas entrufed with. This was but too true,
and could not be denied. Then the old Man, rearing himfelf a Vit^
tie, Who theUy faid he, would you have to be Steward t He anfwer'd,
Mr. White, And that was worfe and worfe, becaufe he was a Favou-
rite alfo ; and Frank North's Defignation of him, in that Manner,
could not fairly be quarrelled with. Whereupon the old Lord rofc;
up, and, lapping his Cloak about, as he ufed when angry, without
faying more, went out, leaving the young Man in great Sufpence, not
knowing what was to become of him. The old Lord went to his
Cabinet, and took out a Codicil he had made to his Will, and car-
ried it to his Son Dudley ; and. Look here, Son, faid he, I had given
Frank T^wenty Founds a Tear, but he has offended me, and here is his
Reward; fo threw it into the Fire : And, from that Time, contrived
all tlic Ways he could to defame and ruin him. Sir Dudley repaired
his Sen Frank by a Leafe of a Houfe in London, and encouraged him
by his Approval of his Fidelity and Courage. But the old Man ftill
made Ufe of Frank for his Diverfion j and. Teeth outwards, was kind
to him : But he muft fometimes bear a Gird or two upon account of
the Steward, which, at lafl, proved to be the Monfieur. But he lived
not long enough to do muchMifchief ; for a Government, long kept
in good Order, will not be put out all at once. And, after Fra?2k
(at his next Term) was gone to London, the old Lord made a Servant
write to him, and at the Bottom were thefe Words : In Confilium ne
accejferis antequam voceris ; that is, Do not offer your Advice be j ore
it is ajked. The Reafon of which was, that the Bitternefs of hisRe-
D 2 pentance
27
/
^3 The LIFE of the late
centance mi'^ht not wear off. This was the hid Tranfaaion, in tliat
Fnmily whTch much concern'd his Lord Qilp: And, if thcfe Relations
■^re thoa-htof fmall Import; to mend that Fault, I can add only, that
they con'cern my Subjeft, and arc true: And, from a private Family,
let the Imagination transfer the Scene to fome royal and imperial Court,
chan-in" the Names of Perfons and OHkcs, and the whole may hi
leenVout up into the Altitude of State Intrigues. , ^ , „
Ch.:.-fccr. I have fo for conduded his LorddVip, as to be ready for the Bar.
But, before I touch upon that, I (hall take fome Notice of his Cna-
rafter, as the fome appear'd in this t^rll Stage of his Lite. He was ot
•, low Stature, but had an amiable ingenious Afped, and his Conver-
fation was anfwerable, being ever agreable to his Conipny. His
Plair Trew to a confiderable Length, but was hard and ft.ff, and did
notfitl as the reft of the Family, which made it buHi fomewhat, and
not without a Mixture of red and grey. As to his Humour he was
free from Vanity himfelf, and hated it in others. His youthhil Habits
were never gay, or topping the Mode, like other Inns of Court Gen-
tlemen, but always plain and clean, and fliewed fomewhat of Firm-
nefs or Solidity beyond his Age. His Defire was ratner not to be fcen
at all. than to be marked by his Drefs. In thofe Things, to the Ex-
treme was his Aim ; that is, not to be cenfured for a carelefs Sloven,
rather than to be commended for being well dreffed. But, as to his
. annearing in publick. the Compofition of his Temper was extraordi-
' nary ; for he had Wit, Learning and Elocution and knew it, and
was not fenfible of any notable Failings, whereof to accufe nimfclf ;
«nd vet was modeft even to a Wcaknefs. I believe a more (hamcfaced
Creature, than he was, never came into the World : He could fcarce
hear the being feen in any publick Places. I have heard him lay, that.
when he was a Student, and ate in th.e temple Hall it lie faw any
. Company there, he could not walk in till other Company came ■
behind whom, as he enter'd. he might be lliaded from the V.ew of
tiiercft. And he ufcd to (land dodging at the Screen till fuch Op-
portunity arrived ; for it was Death to him to wa k up alone in
open View. This native Modefty was a good Gnard againft Vice
which is not defpcrately purfued by young Men, without a fort ot
Boldnefs and Effrontery in their Natures. ThereloreLad.es, and other
fond People, arc greatly miftaken, when they ddire that Boys hould
hwe the Garb of^Men, and ufurp AlTurance in thcProvmce of bhamc-
fi'cednefs. BaOifulnefs in the one, hath the Effeft of Judgment in
the other. And where Judgment, as in Youth, is commonly wanted,
if there bo not Modeft v, what Guard has poor Nature againft the In-
centives of Vice? Therefore it is an happy Difpofition ; tor when
Ban'ifulnefs wears off; Judgment comes on : And, by Judgment, I mean
a real
i
LORD KEEPER GUILFORD. 29
. a real Experience of Things that enables a Man to chafe for him-
felf, and, in fo doing, to determine wifely.
His loofe Entertainments, \\\ this Stage, were, as ufual with Gen- His Dlvcr-
tlemen Cadets of noble Families in the Country, fporting on Horfe- ^^"^^•
back ; for which there \wis Opportunity enough at his Grandfather's
Iloufe, where v/as a very large and well-ilock'd Deer Park; and, at
lead; twice a Week, in the Seafon, there was killing of Deer. The
Method then was for the Keeper, with a large Crofs bow and Arrow,
to wound the Deer, and two or three difciplined Park Hounds pur-
fued till he dropped. There was moll: of the Country Sports ufed
there for diverting a large Family, as Setting, Courfmg, Bowling;
and he was in it all; and, within Doors, Back-gammon and Cards
with his Fraternity and others : Wherein his Parts did not fail Inm^,
for he was an expert Gameller. He ufed to pleafe himfelf with Rail-
lery, as he found any that, by Minority of Age, or Majority of Foliy
and Sclf-Conceit, were expofed to be fo pradlifed upon. I could give
Inltances enough of this Sort, and not unpleafant, if fuch Tiifies
were to be indulged in a Deilgn fuch as mir.e is. His moft folema
Entertainment w^as Mufick, in w^hich he was not only Mailer, but
Do(5lor. This for the Country ; where, to make good his Exhibition,
lie was contented (though, in Truth, forced) to pafs the greater Part
of his Time. But, in Town, he had his S::Iedl of Friends and Ac-
quaintance; and, with them, he palfed his Time merrily and profi-
tably, for he was as briflc at every Diverfion as the beft. Even after
his Purfe (lowed fufhciently, a petit Supper and a Bottle always plcafed
liim. But he fell into no Courfe of Excels or Vice ; and, whenever
Jie was a little overtaken, it was a Warning to him to take better Care
afterwards : And, againft Women, his Modelly was an elfecflual Guard;
though lie was as much inclined as any Man, which made him dc-
firous to marry. And that made his Continence a poiitive Virtue ;
for who may not be good, that is not inclined to evil ? The Virtue
of Goodnefs is where a contrary Inclination is flrove with, and con-
quered. He v/as, in Town, a noted Hunter of Mufick Meetings ;
and very often, the Fancy prevail'd to go about Town and lee Trades
work ; which is a very diverting and inllrudtive EntertainmiCnt. There
was not any Thing extraordinary which he did not, if he might, vilit,
for his Information as v/ell »is Diverfion ; as Engines, Shews, Leflurc?,
and even fo low as to hear Hugh Peters preach. I have licard him
fay, that when Hugh had made his Clofe, he told his Congregation
that a gifted Brother had a Defire to hold forth ; and then up rcfe Sir
Peter Pet ; and lie, though a mere Layman, prayed and preached
IiisTurn out. That Gentleman lived to be an old Man in Tov.'n ;
and mod People knew him, that little thought he had been once a
Preach.er,
3°
Called to the
Bar without
"Favour.
f
The LIFE of the late
Preacher The old Lord and Lady AngUfey (while (lie lived) fup-
nortcdhim; and, at the Revolution, Sir Fcter and his Lordfliip pub-
Mi'd Books wherein one of the chief Performances lay in the com-y
mendincT each other: Which notable Band of Friendiliip had its Root
in the Time of the 7r//7j Rebellion. ^
Now being to leave his Lordiliip in this Stage, invelled with a
Title and beginning to pradife the Law, I mui1: obferve his Prepa-
ratives He was not call'd to the Bar ex Gratia, or for Favour, as
when the Perfon is not of (landing, or hath not performed his Exer-
cifes; but being early admitted, his Time was fully run out, and he
performed all his Moots both in the Inns of Chancery (for it is the
Cuftom for the Inns of Court to fend down Readers, to moot, in the
Inns dependent on them) and alfo in the Hall; and not perfundonly,
as of latter Times the Ufe is, by way of Opus operatum, as for Tale
and not for Weight, but in wcll-fludied Arguments, wherein he fol-
lowed the Example, it may be the Inftrudion, of his Friend and Pa-
tron Sir Jecfry Palmer, whofe Moots are excellent Readings, as the
original Manufcripts, refting in my Cuftody, may (liew: And I have
alfo fome likeTe(timonies of his Lordlhip's endeavours that fame Way.
\ have heard him fay that it is prudent not over foon to launch into
Praaice ; for it is obfcrved that no Perfon encreafeth his Store of Law
after he is called to the Bar and enters upon PradVice. His Judgment
'and Knowledge of Forms may encreafe, but his Book Learning is at
a Stay, becaufe Bufmefs, either found, or purfued, fills his Head ; fo
that even reading doth him litde Good. Wherefore it is faid that he,
who is not a good Lawyer before he comes to the Bar, will never be a
good one after it. After he was called to the Bar (which, as they term
ft was ex Debito Jiiftitice) he did not, as many lefs qualified have
done buftle about Tow^n, and obtrude themfelvcs upon Attornies,
and perhaps bargain for Bufinefs; but lay quiet: And the chief Alte-
ration in his Way of appearing, was this. Inftead of his being ported
within the Court, as a* Student to take Notes, he did the fame (land-
ing at the Bar; and if Chance, or a Friend, brought a Motion, of
Courfe it was welcome. r a r
Exhibition of The Exhibition, allow'd his Lordfhip by his Father, was, at firit, lixty
iixry Poumls p^^j^^g ^^^ jlnnum. But the Family being hard pinched, for Supplies,
cedCftftv."* towards educating and diipofing many younger Children, and his Pa-
rents obferving him to pick up fome Pence by Court-keeping, befides an
Allowance of twenty Pounds/c-r Annum from his Grandfather, and a little
by Praftice, they thought fit to reduce him to fifty Pounds. This fat hard
upon his Spirits, and produced diverfe notable-penn'd Letters, Poft after
Pod, complaining upon all the Topicks of an hard Cafe, that could
be thcus-ht of. He never pleaded fo earneftly for the bed Fee that
"^ ever
14
LORD KEEPER GUILFORD. 3, .
ever he had. At length there comes a Letter from his Father, which
he opened with precipitous Hafle, in Hopes of a favourable Anfwer 5
and there he found Frank, I fuppofe by this Tune, havin^ ^cented
all your Dijcontcnt, you are Jhtisfied 'with ^uohat I ha^oe done, &c.
There funk all his Hopes upon that Point. But, to do Right to his
good Father, he paid him that Fifty Pounds a Year, as lono- as he
lived faying he would not difcourage Induflry by rewarding it when
fuccefsful, with Lofs. ^
One of his LordHiip's firfl Clientc, and for whom he had a great Re- Afr.aai in «r.
ipedt, becaule he Jjsd the Office of kccpino; iiis Courts early, was Mr '^vin^ a Cufc
Stutvile of Dalhcim near New-market, this Gentleman was a Com- % °"' ''''*"
pound oflrregularity, and one of his Feats had like to have coft h^m ""
dear; forhev/as taken napping with the Wife of one Robinjon:, on
which, Death, without honourable Satisfacflion, was to follow. The
giving the low Satisfaction, that is Money, was the milder Dofe of the
two; and that mufl be a peremptory Bond for the Payment of Fif-
teen Hundred Pounds, on which Condition the Bond was to be void
This Bond v/as made by a Scrivener, and very well; though at the
Clole of the Condition, the Words e//e to remain in full Force were
not added. After the Scaling, Mv.Robinfcn brought his Bond to the
^crivencr, and fwore to be the Death of him if he did not mend ir
by adding thofe Words. Here is a Condition, faid he, to make thr
Bond void, but none to make it good It is good, did the Scrivener, ;/
there be 7W Words to avoid it, and 1 may jpoil, but cannot mend the
Bond. That was all one, he muft do it, and did it. And then the S^ri-
vener honeflly told the Obliger, what he had been forced to; fo that
was laid up for a Plea to avoid the Bond. But Mr. Robinfon, advifing
with Counfel about fuing, was told his Bond was utterly voided by
his adding Words to the Condition after Sealing. Then he was advifed
not to put It to Suit till the Scrivener was dead. His Lordfliip, and other
ot Mr. btutviles Counfel, perceiving that, contrived to bring the Point
foon to a Trial, by preferring an Information, in the King's Bench, a-
gamil Robnifon for Forgery; and if, upon the Scrivener's Teflimony,
he fhould be convia, that Record would remain againfl: the Bond for
ever Robinfon, finding himfelf caught, and no Remedy, complied
by delivering up the Bond; and fo got rid of the information. But
this unexpected Succefs made fuch an Impreffion on Stutvib's wild
Brains that bethought there could be no Law-fuit defperate; and
from that Time, he never did any Manjuflice, but ruined himfelf by
perverfe Law-fuits, and at lad, died in a Gaol. Perhaps, if he had
paid the Fifteen hundred Pounds, his Puniflimcnt had been lefs
After his Lordfliip was called to the Bar, the firft Thing, he took Provides a
care for, was a Prac^ifing Chamber, as they call thofe which are not ^^^^^^'^'^ ^^^
, Prat^licc, and.
above Books.
A
I
3Z T/se LlfR of tie late
above two Pair of Stairs high. The Ground Cliambcr is not ^o well
cilecmcd as one Pair of Stai.-^ but yet better than two; and the Price
is accordingly. He fold his little Student's Chamber, and alfo the Lcaie
of a HoufehisFather gave him, whicli railed near Three hundred Pounds;
and, with that Sum, "he bought his Life in a Corner Chamber, one
Pair of Stairs in Elm-' Court. A difmal Hole for the Price; for it
was not only dark next the Court, but, on the Back- fide, an high
Building of tlie Inner T^cmMc Rood within five or fix Yards of his Win-
dows: But yet, fome more Room, and a large Study being gained, \.q.
thought himfelf gready preferred: And he foon tilled his Shelves
with^all the ufeful Books of the Law wliich he wanted. His Mo-
ther had made a CoUedlion of Legacies and Gifts to him, when very
young; and, when he firft went to the Inns of Court, (he gave him an
cxadt^Account, to the Time, cafl up with the Interefl, and paid him
the Sum total at once ; and, with th.at Stock, he made out a good
Student's Library.
AiTiacdaBvo- About this Time, his Brother Dudley, who had lived in London di-
ih;:ratpaiting. verfe Ycars, in the feveral States of Preparation for Trading as a Turkey
Merchant, was fent abroad, by his Mafter, in a long round-about Voyage,
by ylrcbangcl in RnJ/ia, to Smyrna ; an Account of which Voyage will
be found in the Relation of that Gentleman's Life. He had, at his
going out, from his Father, but a fmgle Hundred pound Stock to
trade with ; and his LordQiip augn^iented it by lending him two hundred
Pounds, which was all the Wealth he could value himfelf upon, before
hand; andof that, by the Voyage and Mortality, he run no fmall Rifque.
This v/as a melancholy Parting ; for they had been bred, and much con-
verfant together, and, fraternal Relation apart, were joined in thellridefl:
perfonal FriendHiip : And now, when they were arrived to a State of en-
joying each other in PerfedVion, worldly Engagements obliged them to
Icparate. But this Kindnefs of his Lordiliip's was rewarded, by living to
fee his Brother come home wealthy, and, foon after, flouriQiing, not
only in the City but alfo, at Court in the King's Service.
CorrcfponJeJ, Thcfc two Brothers and Friends held a continual Correfpondence
sn.i about one ^y Lcttcrs ; but morc frequent and expatiated at firft than afterwards,
i>w ^atc. ^yi^gj^ Bufinefs encreafed fo much upon botli as abated the Ardor of
writing often and long. It fell out \h?X when Mr. Dudley North firfl
arrived at Smyrna, or foon after, tlie Fadory was ferved by one Brond-
(rate, as their Chaplain, fent out, for that End, by the Turkey Com-
pany. He had been a Fellow of St. Johns College in Cambridge,
and preferred to a Living in Efjjx, where the Gentleman, there refiding,
was fo offended at hisUnfitnefs f.nd ill Carriage, that, to get rid cf him,
he made an Intered, and paumed him upon the Turkey Company, and
lb he came to be fent to Smyrna. The young Fadtors are commonly
generous
J
I
LORD KEEPER GUlhVOKD.
generous Fellows, and Hand much upon Honour (in thofe Parts at le-^fl
whatever they prove when they come home) they revere and ^ratifv
their Pappas, as they call him, if he behave himfelf well; but if other
wife, they lead him a Life (as they fay) like a Dog. This Perfon was
a Prefbyterian Bigot, and not without a Flaw in his Cramu?n And
he made Account that he was to prefide overBovs, and to teach them
Religion: And, to that End, had framed a Catechifm, and got it print-
ed; and a Bale of thefe, ftitched in blue Paper, went alon?^ with him
and were delivered out to all the Fadory; and he took pa^'ticular No-
tice of Mr. Dudley North, telling him that his Brother Francis was
liis Fellow Collegiate and intimate Friend, and, for his fake, he would
be very kind to him. But the Parfon was guilty of fo many barbarous
Impertmences (as may be found particularifed in that Gentleman's
Life) that the young Fadtor wrote to his Brother Francis, tellino- tlic
various Extravagances and Follies committed by him there, and deltrin^
to have an Account of him and his Charader. His Lordfhio foon
wrote, and informed him that Brcadgate was the Laughin'T-f(ock o^
the College; and fo made good Payment in Stories of him he^e. Tins
Letter was communicated about in the Fadory, and the Parfon under-
flood how he came to be fo derided as he was. Upon that, he crocs
to Mr. Dudlev North, and defired to have his Brother's Letter, that he
might fue him in Ejigland for taking away his Reputation Th-
Merchant would not do that; but told the Parfon, that, if he had it^
It would do him no Service, for he would prove that he had no Repu-
tation before the Letter came, fo could lofe none bv that: And then
turning over his Copy-book of Letters, he read to him his leadin^r Let-
ter to his Brother, in which were all the Stories and Terms of D?rifioa
as could be, to make him contemptible. This was plain enouo-h to the
Parfon; and it was all he got by his Attempt. This was one of thofe
notable Men that obliged the little Fellow-Commoner of St ^fohn^
College with Opportunities of making ridiculous Remarks. As 'for
Inftance, that he fpent his Time watching at his Window; and if he
faw Strangers in the Court, then he made his Clock ftrike that it
might be plain to them that a Clock ftruck in his Chamber' And
if many Scholars were in the Court, he v/ent down on Purpof^ to
make them cap him. And the Book, that lav on his Table, had broad
Pieces in the Leaves, which Vifitants, opening, might difcover- and
other fuch kind of vain Follies, whereof the early Obfcrv.uion mi'o-ht
pollibly help to make his LordHiip naufeate allKind of Vanity'^as
he did for ever after. • '
The Lofs of this good Brother was, in fome Meafure, repaired by En
the frequent Enjoyment of another, John North, who had alfo for ^''
fome Years, been bred with him; but, being fettled in another Way ^
ot Study m the Univerfity of Cambridge, thev came not often together
^ but
33
1 his Rro-
th.
34
!e
SolJcitou"; a«
bout his
Health.
m
Great Tvncrc
of BuGuefs.
ne LIFE of the laU
but at Friends Houfcs in Times of Recefs, and, fometimes, by Recourfe
of the Scholar to London, And their Endearments encreafed conti-
nually, ending in a perfed: and untainted Love and Friendfhip to each
other ; of which more may be faid in the Life of this Brother John^
afterwards Dr. North,
About this Time his Lordfliip, notwithflanding his being called to
the Bar, followed his Studies very clofe, and attended the Courts at
Wejlminfter, and reported diligently; and if there were any famed
Caufe to be argued and determined, in what Court foever it was, he
would be a prefent Auditor and Reporter of it ; efpecially before Hales
while he fat in the Common Pleas. And, obliging himfelf to that
Spider-kind of Life which a young Lawyer leads in his Chamber, he
began to contradl certain fplenetick Refledions touching his Health,
always thinking fome Fever, Confumption, or other Difeafe, creeping
upon him, and inclined much to Phyfick for Prevention. Once he re-
paired to Dr. Bokenham of Bury with a Lift of Complaints. But the
Dodlor could find no Ground for any of them, nor to fufped him
ill ; but laughed at him, and fent him away. This Correction a-
fwaged the Spleen a little; but he was not cured till a Deluge of
Bnfinefs drowned all fuch Kind of Thoughts. But he had one Symp-
tom which often alarmed him, which was much Spitting; but, \\\
Truth, it was a Benefit of Nature: For it w^as plain that a noxious
Phlegm difcharged itfelf that Way; for, while his Spitting continued,
he was always well, but, if that flopped, he was as furely ill. He
was all his Life felicitous about his Health, and fearful of getting
Cold; for which End he went thick clad, and wore a broad Sto-
macher on his Breaft ; and, commonly, a little Leather Cap, which
Sort was then called Sculcaps; but thofe devolved to other Ufes I fliall
mention afterwards.
^^^" Soon after his being called to the Bar, he began to feel himfelf ia
Bufinefs, and, as a frefti young Man of good Charader, had the Fa-
vour of diverfe Perfons that, out of a good Will, went to him, and
fome near Relations. He was once alked if he took Fees of fuch.
Tes, faid he; they come to do me a Kindnefs-, and ivhat Kindnefs have I
if i refufe their Money'^ The Attornies alfo were very civil to him,
and brought him Motions, which gave him Opportunity of (hewing
himfelf; and thefe Obligations he remembered to the laft, and returned
them when it came to his Turn to oblige with any juft Favour he
could (hew: And he never failed to do it. His Acquaintance was fo
diffiifed through the whole Relation and Depcndance of Sir Jeofry
Palmer, that he had them all entirely, and indeed, as well before as
after he was called to the Bar, he lived as one almoft ingrafted in
tlie Family; and, not only his Intereft was greatly derived from thence
but, his Converfluion was almoft confined to them; and they were all
Co
LORD KEEPER GUILFORD.
3f
fr/f^"!!'^ friendly to each other, that they lived and converfed as if
they had been literally of a Family. His Wheel of good Fortune
turned upon the Favour of Mr. Attorney Palmer, whereon the Crifis
of Ins Preferments m the Law moved. But before I come to fe
forth the H.ftory of that, and enlarge farther upon his Lordftin'o
better Fortunes, I will difpatch one o? two of his 1ft fenfibt Grkf^
. i ,ii''„ ''''V ^°/' °^^ ^'''*^''' "^"led ^^n\ who was married Grieved a, th^
£r firf Chiid {nd'fh "'/#'' ^'f died not ling after the Birth of )^^^'
her hrft Child, and the Child not long after her. He had a parti- cbucta.
wt' ?T,^""f "'5 ^"'"'^^'P ^"'^ brotherly Love to that Lady
who, befides the Advantage of her Perfon, had a fuperior Wit orol
digious Memory, and was moft agreable in Converfrtion. I do juft
Z'"?rr"H "'"'^ » ^'' ^^°'" J ^"^= "^^y young when fl,e marr ed
that for Hours and Hours together, fhe diverted her Sifters and al
the female Society at Work together (as the Ufe of that Family wa
with rehearfing by Heart prolix Romances, with the Subftfce oj
Speeches and Letters, as well as Paffages; and this with little or no
Hefitat.on, but m a continual Series of Difcourfe: The very Memory
of which IS to me at this Day, very wonderful. She inftituted Till
cfOrder of the Wits of her Time and Acquaintance, whereof the
Symbol was a Sun with a Circle touching the Rays, and, upon that
n a blue Ground, were wrote » «„r«W in the proper Greek Cha ar
ters. which her Father fuggefted. D^.verfe of thefe were made ist
• to'rh "r ^""^'i' ^i'- '" E-^broidery. Plenty, which were difp rfej
to thofe wittified Ladies who were willing to come into the Order
and. for a while they were formally worn, till the Foundrefs fe 1
under the Government of another, and then it was left off
]\ext to this, the Lofs of his Lordfliip's Bofom Friend Mr Edward , r c
£rT;-^^r'''r"'^ P^Ws younger' Son. afflidled lim I lu^f .'iLf pI^"
t^hTrnenf ?7^H '''' '^^^^^^^^^^
Sorrow. This Friendftiip began by Mefs-making i?°hc Spk H
and brought his LordAip into other beneficiarAcquaintancr as of
of'tSN '"' '^^^ '° '^'g^^^'^" Employments^, the LaJv: o2
of that Name whofe younger Son was of the Middle Tempk hid d e
Great Seal as Lord Chancellor, and another was Lord cTS ice of
he King s-Bcnch J and this Acquaintance owned his LordiSr a L
lation, and was cultivated by him with all the Application^Ve could
• That is fdf-fu fficicnt.
E 2
make.
3^
•d
J'iiJ
n-e LIFE of the I ale
make. Bat this Mr. Palmer firfl: brought his Lordihip to tlie Attor-
ney General's Knowledge and Familiarity, and the vciy great Benefits
to him thereby. For he, not onlv had his Diredion and Afliflance, as
well as Encouragement, in his Studies but, was by him, as it were,
led by the Hand into the Hi^Jnvay of Preferment. For ihat great
and fudden Encreafe of his LordlLip's Pradice, which I mentioned
» before, may not be entirely afcribed to Capacity. It is more than pro-
bable that, in Proccfs of Time, he had advanced hmilelf by the pure
Strength of his Genius, but not by fuch large Strides as he made in
, i^cttincr Money and loping into Preferments, as he did, without the
Aid of Friends and good Fortune; for Circumftances of Perfons and
Times were mod propitious to his Charader. And, of thofe happy
Contingents, the firft was this Friendlliip of Sir yeo/ry Palmer, which
conduced much to the Luftre of his Lordihip's Reputation.
Serviceaye to And therein the Attorney General did no lefs ferve liimfelfj for he
the Atronny ^.^^\^ ^{^ of his Coufm North (as he mod kindly ufed to Ityle him)
'^'''"'^- in bein^ perfonated by him in JVe/fmi^ipr-Hall, and otherwife by his
Confults upon Motions of Law depending: For, at the latter End
of his Time, he grew very infirm and weak; and when he could not
attend in the Court of Kings-Bench to give Accounts and Anfwers
to the Court in the King's Aflairs, as belonged to his Ofiice, he di-
reded hisLordfhip with Inftrudions to do it for him, and he acquit-
ted himfelf therein with fuch decent Modefly, as well as neat and
concife Speaking, as got him no little Credit. Mr Jones at the Bar,
wlio had the capital Pradicc of that Court, was mith difturbed at the
Advances this young Gentleman made fo near his Territory, and
could not forbear flirting at him, as- Come, Mr. Deputy Attorney,
ncbat have you to fav noiv'^ Ton are to be of the Kings Counfel Jlortly,
and tlic like: Which fliswed a Spirit of Ambition and Envy, and
was an Occafion of fomc Inconvenience to his Lorddiip, as will be
ihewed elfewhere. I have heard his Lordfliip fay, that once, at the
Defire of the Attorney General, he had confulted Books, and gathered
together unon a Paper, the Reafons of Law upon a Cafe he (the At-
to?nev) was to argue ; and that he ufl'd that very Paper, and argued
almofl Word for Word out of it. And I have fuch a Paper wrote
by his Lordaiip, with fome Notes, of the Attorney's Hand, in the
Marv-rln. But his LordHiip faid he never mentioned it to any of
his Family, but to m.e only, left they (liould think him vain and
fictitious. ^ , A 1 1 3 r
/rraea fovthe Another fingular Opportunity, by Means of the Attorney he had Oi
Kin- .j;ainft flicwin'^ h/imfelf ; which was the arguing in the Houfe of Lords upon
llolas. and ^ ^^-^.^^^^ ^^.^^^ ^^^ ^|^^ j^;^, ,g^,ij,(> Mollis, Cic, The Story of the five
Ki;;I'/cnm- Members, in King Charles the Firfl's Time, is well known, who, he-
ld ' • if»3
37
J
LORD KEEPER GUILFORD.
ing profecuted for the Riot committed in the Houfe of Commons, in
holding the Speaker down in his Chair, were convidcd. After the
Reftauration, the Commons thought that the Record of this Con-
vidtion might be prejudicial to the Privilege of that Houfl-, and or-
der'd a Writ of Error to be brought, and Mr. Attorney was to find
Counfel to argue for tlie King againft the Lord Hollis, who was one
of the Five, and firll named in the Record. Mr. Attorney, being an
Afliftant in the Houfe of Lords, could not argue, nor could he pre-
vail upon any of the Serjeants, or other eminent Pradifers, to do it;
for they faid it was againfl the Commons of England, and they dare
not undertake it. At \i\i\ the Attorney faid his Coufm AV/Z' ihould do
it ; and accordingly, at different Times, as his other Practice would
allow him, he prepared his Argument, which was perform'd at the
Bar of the Houfe, and (with efpecial Notice taken of his comely
Youth, and modert, but cogent Reafoning) his Argument was ap-
proved; and, although the Commons carried the Caule, he was imme-
diately thereupon made of the King's Counfel ; which gave him the
Privilege of Pre-audience, and coming within the Bar. This Adioii
and its Confequence, had the Eftec^ of a Trumpet to his Fame ; for
the King had no Counfel at Law, then, except Serjeants. But I fliall
beg Leave to enlarge a little upon this Matter, with fome farther Cir-
cumftances; which I am encouraged to do by a Paper I found, in
which his Lordihip had noted his feveral Steps of Preferment, with'ln-
tent, at Leifure, to have drawn them into a Relation or fiiort Hiflory.
He had made PreJ3aratives, fuch as thefe, concerning publick Matters';
but he never had Time to purfue them : All or moll: of which I fliall
infert in their proper Places throughout this Work, and annex what
occurs to me that may appertain to ih-m. But, as to the Cafe bel^rc
us, his Lordihip's Note is as follows.
How King's Counfel, 7 This Cafe oUJcIlis and otlicr the fiveMein- in.LordfT:! •
Holhs , i hers, and his Lordfliip's undertaking- to ar- ^^'"^- »'" t^"s
gue for the King, was at a Time when his FLinds were full of Buli- ^^'''■•
nefs, and he was very much llraightened in his Preparations ; and he
came up with the greatell Reludance j and nothing but a right rca-
foned Refolution could have conquered his Modefly. But tha? whicli
gave him moll AfTurance was, that he was fluisfied he arcrued on tlie
right Side, and that, upon the Face of the Record, the Law was for
the King. The Information (among other Things) was for a violent
holding the Speaker in the Chair, in Breach of the Peace. HcUis
pleaded the Privilege of tlie Commons, that all Ofrences, committed
in the Houfe by the Members, were puniH^able only by the Houfe it-
lelf: And the Attorney General demurs, and iht Court oiKin^'s- Bench
gave Judgment for the King ; and this was the (chief) Error. His
Lordfhip infifted that, i. This was an Offence a^ainft the Peace, with >
the
I
V. Chap.
Tloe LIFE of the late
the Aggravations, for it was fo admitted by the Plea ; and 2. That if
the Houfe had punifh'd it, and it had been fo pleaded, it had been
well. But 3. their not puniQiing left the Offence at large, whick
ought to be punifh'd fome where : And the Authorities cited, were
clear that Privilege did not extend to Offences againft the Peace ; and
that fuch might be punifli'd out of Parliament j and future Parlia-
ments could take no Notice of them. This was the chief Point; but
there were, in the Cafe, diverfe other Chicaneries, as would appear in
the Argument itfelf, if made publick. The Duke of York was pleafed
to enquire who that young Gentleman was, who had argued fo well ;
and Mr. nomas Gray, who attended as a Lord's eldeft Son, told the
Duke that he was a younger Son of the Lord North ; and what Hopes
he gave of his being a very able Lawyer, and, what was rare at that
Time, of loyal Principles; and moved his Royal Highnefs to prevail
with his Majefty to encourage him by making him one of his Majefty's
Pref. Vol. 2. Counfel. And all this was only as the Occafion offered, without any
Suit or Contrivance, on his Lordfhip's Part, to bring it about. His
Lordfliip feared that the Lord Keeper Bridgman, who, by his Place,
fuperintends the Preferments in the Law, might take it ill that his
LordQiip did not move by him ; therefore he waited upon him, and
gave him an Account how it fucceeded. And the Lord Keeper, hav-
ing Knowledge of the Matter before-hand, acquitted his Lordlliip of
all Blame towards him, and, widiing him much Joy, gave him all the
Encouragement that could have been wi(h'd for or expedled.
LTpon his Lordffiip's being made of the King's Counfel, there hap-
pen'd a Difpute in his Society of the Middle Temple ; which ended
favourably to him, and augmented his Reputation in WeJifnin/ler-Hali,
The Rulers of the Society, call'd Benchers, refufed to call his Lord-
fliip, after he was King's Counfel, up to the Bench ; alledging that, if
young Men, by Favour fo preferr'd, came up ftraight to the Bench,
and, by their Precedence, topt the reft of the ancient Benchers, it
might, in Time, deftroy the Government of the Society. Hereupon
his Lordfhip forbore coming into Welbninjler-Hall for fome fhort
Time, hoping they would be better advifed ; but, they perfifting, he
waited upon the feveral Chiefs, and, with Modcfty enough, acquainted
them of the Matter ; and that, as to himfelf, he could fubmit to any
Thing; but, as he had the Honour to be his Majefty's Servant, he
thought the Slight was upon the King, and he efteem'd it his Duty to
acquaint their Lordlhips with it, and to receive their Dircdlions how
he ought to behave himfelf, and that he Ihould a6t as they were pleafed
to prefcribe. They all wifli'd him to go and mind his Bufinefs, and
leave this Matter to them, or to that Effed:. The very next Day, in
Wcflminjler-Hall, when any of the Benchers appear'd at the Courts,
they received Reprimands from the Judges for their Lifolence ; as if a
3 Perfon,
39
A Difpute
with the
Benchers of
the M'tddh
V. Chap
Prcf. vol.
LORD KEEPER GUILFORD.
Perfon whom his Majefty had thought fit to make one of his Counfel
extraordinary, was not worthy to come into thdr Company • and fo
d.fm.fled them unheard, with Declaration that, until they Vad done
their Duty m calling Mr. AW/^ to their Bench, thevmuft not evrw^
to be heard as Counfel in his Majefty's Courts. Tht^" f^V S
dut Evening they conformed, and fo were reinftated. It is fne of the
Properties of an Anftocracy, to hate that any Perfons fliould come a!
mongft them, but of their own choofing. I have heard that ™ nee
the Revolution, whereby as they term'd it) they were manumifed
they have not call'd any of the King's Counfil extLrdTna^CwWe
now become numerous) to the Bench; which fliews the different Walk!
fome Matters will take in different Times. "«crent walks
I have already mention 'd his Lordihin'^! fni-.mr &^ • . • ,
m. Edward Pllmer, the Attorney Sal's vmiL^rTu-'u'^"'' °?''>'^'
fh<. R ;o. r.f oil »i,o V "^"^'"cy »jenerai s younger Son, which was r-'^^'-. ^nd
And how helpful and affiftant ife w^Tt^A^"^ yt/jlif ^X" "^^•
W 4 .wT'' gf:"dtl^"%. with the Emulation of Sir ^^:
l^'" Jones, that happen'd thereupon, hath been already fet forth n
the Examen. I fliould here have thought it reafonable to have eiven
fome Account of that worthy Perfon. on whom his LordfliTp^ K-
unes fo much depended : But fince I have faid fo much of him
m the El ^hink there is no Need of inf fling any fart
upon his Charafter here; and therefore Hiall only relate^he fol
IZfJTf'"^^' ^'^^' "' ^'^ """^d ^ Lady! who w s a rZ
man Catholtck upon Terms not to meddle with each others Rclidon •
but each to enjoy their feveral Church Profeffions, witS any Men'
^on to the contrary , and both kept parole religioufly : And vet bJ
Senl°o F. ^g'-^8'°"\P-^y «"d Integrity, without Jny oSer^Ar^u-
Chn ch nf p'^T'5' ^^«, '.'''. '1^ ^ ^"".^^^ °^ ^'^^ ^'^ *^"ly P'°"^ ^"d virtuous haT hereon!
eluded that he muft needs be in the right, and that fl,e wou d f„S
her Judgment to his rather than to any other human Authority un^'
£h K T nu'f. '•"' §°°,'^ ^^'^ ^^'^ ^-"braced his Lordfliip Is iT he
m'tiaritv of So V'"'r ^T^ ^'' ^^"'P^"^' ^-^-^^ ^i.^ i to Fa!
mi lanty of Difcourfe, Conferences, mutual Intercourfe of Affiir. nnd
was King s Counfel, he had been a Co-Attorney General. And he
was
40
Ufed the .\>
folk Circuit.
^ ■ J
TX-^ LIFE of the late
was not only the great Caufc of his Lordniip's Proficiency, and fud-
den rifin<^ ia the Law, but his mere Acquaintance and Favour may be
iulUv accounted one of bis LordOiip's capital Preferments.
fhefe Opportunities may be eftcemcd, as tbey really were moR
benign to the Credit of a young Counfel. yet the Vn;tue .ntnnhcally
n^ved from his own Capacity; for, without fomc Tra..fcendency oa
that Side the EfFcd had been reverfcd, and proved Lois rather than
Gain of Reputation. There were fome more fuch Accidents wluch
augmented his Lordftips Efteem ia the Law; which I n«ll touch
S but firft mention his going the Circuit, to which they properly
belona And here I am to fliew what great Application and Induftry
he ufed in that Branch of his Pradice which, in a few \ears, ra.fed
him to the Poll (as they call it) of Cock ot the Circuit; which lup-
pofeth him (as truly he was) a Counfel, of one Side or other, in eve-
ry Caufe of Value to be tried. His LordQ.ip flayed not long after
he was call'd to the Bar, before he took upon him to go Circuits.
His Choice was that ftyled of Norfolk, wh.ere he was bell known
and that by Employments and Performances, as wc 1 as Family and
Acquaintances. He refolved to go through, although the firft Coun-
ties as Bucks, Bedfordjhire, Huntmgdonjhrc and Lambndgcjhire aie
ve;ftenl to a Begin4 ; and no young Man, at his firft Entrance
into Praftice, can expeft much Bufinefs under the Service of an Ap-
enticeSip and Succeffion to thofe who have the Poffellion 'till they
fill away. But his Refolution was to pcrfevere, knowing Succcfs m
Circuit Bufinefs to be a cardinal Ingredient in a Lawyer s good Fortune.
And he order'd the Matter fo that, whether he had much or little to
do he did not lofe his Time ; for he was a diligent Noter of every
Pakge that was in the Court or elfewhere, in the Law, new, or he
thought material. And he made himfelf judge fo far that, if a good
Sentfncecame from the Mouth of an inherent Judge or^ven o the
Counfel, he noted it ; and whatever the beft Judge might lay, if it did
not agr^e with his Reafon, he took no Notice of it. So Bees gather
Honey from all Sorts of Flowers. He was exceeding careful to keep
fair with the Cocks of the Circuit, and particularly Serjeant E^r/, who
had almoft a Monopoly. The Serjeant was a very covetous Man ; and.
when none would llarve with him in Journies. this young Gentleman
Ct hin^ Company. Once at Cambridge, the Serjeant s Man brought
his Lordfliip a Cake, telling him, m ^ould wantjt, Jor he knc-^bts
Mailer 'would not drato Bit till he came /.Norvvich ; and it proved fo
They jogged on, and at Burton MUh, his Lordftup asked theSerjean
if he would not take a Mouthful there. No, Boy, faid he. ■u.-e II hght
at every Ten Miles End, and get to Norwich as Joon "s je can And
there wis no Remedy. Once he ask'd the Serjeant in what Method he
kept his Accounts; for you have, faid he, Lands, Securttws, ''^.^^^^^'^^^
LORD KEEPER GUILFORD.
Comings-in of all Kinds ? Accounts, Boy, faid he .? I get as much as I
can, and I fpend as little as I can; and there is all the Account I
keep. Bat his Lordfliip was fure to keep the Serjeant's Difcourfe flow-
ing, all the Way they rode; for being moftly of Law, and Tricks, and
fometimes of Purchafes. Management, and the like, it was very be-
neficial to one who had his Experience to gather : And all he received
from others, he made his own. And, in the Court, if he was con-
cern 'd as Counfel, he ftood in great Awe of the chief Pradifers ; for
they, having the Condud of the Caufe, take it ill if a young Man
blurts out any Thing, though poflibly to the Purpofe. becaufe it feems
to top them ; and fometimes, if it doth not take wjtii the Court,
throw up. faying. The Caufe was given away ; which almoft blafts a
young Man. Therefore, when he thought he had a fignificant Point
to offer, he firft acquainted the Foreman with it. which was common-
ly well taken ; and he. in Return, would fay. Move it yourfelf, and
then he feconded it. Thefe Difcretions, refpeding the Counfel,' did
liim great Service; and I have more to remember anon, that refped the
Judge.
But firft, I fliall remember fome of the Advantages which brought
his Lordfliip fo foon into Circuit Bufinefs. One of which was his
being put into the Commifllon. purfuant to the Ad of Parliament, for
dividing the great Level of the Fens ; and which conduced much to
his Lordfliip's Fame. And that was done to the Intent his Lordfhip
fhould take the Chair, and dired in the Execution of it. When this
Commifllon firft met, and he was put in the Chair, he obferved that
they had no Copy of the Ad before them, but only that which was
printed for common Ufe: And he did not think that fufficient; for it
was but a private Ad, of which the Judges did not, ^.v Ojf.cio, take
Notice ; and there might be Errors of the Prefs: And accordingly he
took Care to have an authentick Copy examined by the Record itfelf.
After that, he propofcd to the CommiiTioners fuch apt Methods for
their Proceedings in that CommilTion, that the Ger.tlemen were ex-
tremely pleafed: For they were fatisfied that all, that he propofed,
would be for the Eafe of the Commiffioncrs and of the Country, and'
alfo conducive to an equal Diftribution of Juflice to particular PerVons,
who. for their Interefts, appear 'd before them. And thele Methods
being^ fo flurly and ingenuoufly difplay'd at the firft, the Gentlemen of
the Commifllon admired the Invention and Dexterity of one fo younp,
and accordingly agreed to every Tiling he propofed. And afterward?,'
through the whole Courfe of that Commiflion, he had the Autliority
of a Judge amongft them, and was fcldoni interrupted, or onpokd
in any Thing he didated to them ; for tliey faw plainly he had both
Skill and Will to do Right in every Thing. And the Country People,
41
Govern'J the
Commiirion
tor diviJin^
the Fen-, \vi:h
Applaufc.
F
leemg
4X
Con(tituted
111
The LIFE of the late
leeing him rule the Road (as they fay) there, took him for the Judge
in earneft. And if any of them had a Cafe to come before the Com-
milTioners, of which there was like to be any Doubt or Conteft, they
would, if pofTible, come along with a Client to him at the AfTifes
(of which Pradice I referve to fpeak afterwards) and there bow and
crino-e that they might be known again at the CommilTion. Thus
every Opportunity of tranfading, put into the Hands of a Perfon ca-
pable of doing well, proves an Ingredient of Fame, which, in Pro-
feffions precarious and competitory, as the Law is, perpetually, and
in a geometrical Proportion (to uie the Allufion) enlarges the Sphere
of his Praaice, and with thofe, that are uncapable, or do not acquit
themfelves well, it hath the contrary EfFea.
^omu.u.cu Another Employ fell to his Lordfliip's Share, which did him Cre-
judgeofthe ^'t J^n^i confequently, augmented his Bufinefs in the Country. And
lilc of Ely. ^^^^ ^^^^ j^.g ^^j^g j^^^g j^j^ge of the royal Franchife of Ely, He
was conftltuled by Dr. Lane, then Bifhop. He fucceeded Wren-, one
of whofe Sons, Mr. JVtlliam Wren, was high Bailiit of the Liberty, and
took the Seat of an high Sheriff j and fo the Judge, with all the Titles
of a Judge of Affife. This was the firil Bench of Juftice (if the
Commiffion is not accounted one) that his LordQiip fat on ; and, to
fay Truth, is a very excellent Judge School: For there is all Sorts of
Law Bufinefs come before him, Arrefts, Attachments, Demurrers,
Pleadings, liTues and Trials, and all that Chicane in Weflmmjier-Hall,
the Difference lying chiefly in greater and lefs. Diverfe of the Circuit
Counfel, and neighbouring Attornies have Bufinefs and attend there.
The worft of the Court is, that the Pleadings are de Hora in Horam ;
and the Records are kept by Papers filed, and not (as 1 know) ever
made up into Rolls. It is fo in the Court of the County Palatine of
Durham. But thofe, and even the ordinary Courts of Affiles, as to
the Fairncfs and Regularity of the Plea Rolls, muft yield to that^ of
Lancafter ; and the Curiofity there, is (or was) fuch, that the Prifo-
ners were arraigned upon the Roll, and not upon the Bill found ; and
the whole Proceeding, to Judgment and Execution, was alfo enter'd
up, and not kept in Minute Books, as at the Affifes ; which is exceed-
ing commendable in the Prothonotary and his Clerks there. But, as to
the Ifle of £/)', whether fince that Time I write of, in which the
Seffions have been negleded, and new Difcouragements continually
growing, the Court hath not fo well anfwered the Attendance of a
Judge, as it did then, I cannot fay.
R^^u'atcd the His Lordfliip found the Ways of the Attornies, in their Pradice, very
Pu^ftice, and joofc ; and fcarcc any of them could be pofitive what the Rules of the
c?Trte* Court were; but, upon any Doubt, fome faid one Thing, and fome
''^''' ^'^ '' another : And the Bufinefs was done in a Huddle, almoft by Word of
Mouth,
43
LORD KEEPER GUILFORD.
Mouth, there being nothing but a Paper upon the File in order for a
Trial. His Lordfhip endeavour'd to regulate all thefe Diforders ;
making a Beginning in the Method, which he afterwards purfued ia
ail his judicial Places: That is, firft, by informing himfelf, as well
as he could, what were the Rules, and then, by flow Steps, one Thing
after another, making Alterations for the better. But one Thing hap-
pen'd which his Lordfhip, with no ordinary Exadnefs of Skill in the
Law, carried through. A Suit was commenced in the Court of Com-
mon-Pleas at Wejlminjier, for a Caufe which arofe in the royal Fran-
chife of Ely. The Bifhop expeded that his Judge (hould fee Right
done to his Franchife, which might be hurt if fuch Precedents w^re
let pafs. And his Lordfliip thereupon took Care that due Authorities,
regarding this particular Cafe, fhould be fign'd and executed by the
Bia:iop, direded to him, requiring him to repair to the Court of
Common-Pleas, and for him, and in his Name, to demand of the
Court the Cognifance of that Caufe then depending in the Court.
And his Lordfliip went to the Bar and, as Bailiff of theBifliop, made
his Demand in due Form. And the Court, who are hardly enough
brought to oull themfelves of any Jurifdiaion, fcrutinated all Points ^of
Form, and, finding nothing amifs in the Demand, granted the Cogni-
fance, and the Caufe was removed from that Court to the Court^ of
the Franchife. I know no Footfteps for many Years before, or at any
Time fince, of any fuch Demand made or allowed. But the Law
was plain, and, the Forms being out of the common Road, not, with-
out great Care, Forefight and Skill, to be purfued, and ftria Excep-
tion and Cavil to be expeaed, the Cafe required fuch a Counfel, as his
LordHiip was, to prevail in it. I had this Matter from his LordHiip's
own Mouth ; but, finding no Papers concerning it, I cannot point to
the Time when the Tranfaaion was.
There was another Opportunity fell in his Way as propitious as he cr-^Bnehr
could have wiflied, not only for Fame but, for Learning; and that by Atcendance
was a formal Iter, or Juftice-Seat of the Forefts, that was ordered and ^^^^'^^;'''-
proclaimed, and Judges were appointed to aflift the Lord Chief Juflice
in Eyre, the, then. Earl of Oxford-, and Counfel for the King were
alfo declared; and they were Serjeant May?iard, his Lordfhip, and
who elfe I do not remember. Thefe went all out together, and paffed
from Place to Place; and the Judges were folemnly received, by the
Countries, as in a Circuit: And thus all the greater Part of the Forefts,
on this fide Trent, were vifited. The Counfel for the King, in all
Caufes in which the King's Title was not in Queftion, had Liberty
to advife and plead ; fo good Money, befides a Gratuity and riding
Charges was picked up. But it is not readily conceived what Advan-
tage here was by gaining an Idea of the ancient Law in the immediate
F 2 Praaice
i' ' ■
44
Ihd Fjvour,
ba: ever cb-
It-rvcd the
The LIFE of the late
Praaice of it. For the Court of the Foreft is in Nature of an Iter;
and the Tuftices proceed, as anciently the Juftices in Eyre did, by Fre-
fentments, Claims, Seifures, Replevins, &c, very unlike the ordinary
Proceffes of the common Law in Courts of Pleas. It is true that the
Commiirions of Oyer and Terminer, and Gaol Delivery, are Eyre
alio, but reflrained to perfonal Crimes. Here it is of Rights, and thofe
after a peculiar Law of Forefts, as Privileges, Franchiles, Grants, Cu-
ftoms, Purprefturcs, and Offices of diverfe Authorities and Junfdic-
tions ; whereof the Learning would coft a Student much Time and
Pains, befides going out of the Way of his more beneficial Studies, to
acquire. And here the whole Time of the feveral Scfiions being ta-
ken up with the Tranllidion of Caufes of this Nature, the Judges,
well fkilled in the old Crown Law and the Prerogative, and no Per-
fon more deeply learned than Serjeant Maynard who, though a Coun-
fel, was alfo an Affiftant to the Court; one, who had the Opportunity
of attending, much more an Employment in, thefe Courts, as his
Lordlhip had, muft needs perfed himfelf in the general Knowledge
of the Foreft Law, and the Jurifdidion of the Lord Chief Juftice in
Evre. This was an Opportunity that rarely happens^ many Reigns
pafs before there is another ; For it is a great Charge to the Crown in
Salaries, Expences, and Rewards ; and the Profits redounded to the
Lord Chief Juftice in Eyre. And it was faid, at that Time, that the
King's Intent, in ordaining a Seftlons of Eyre, was purely to gratify
the Earl of Oxford who was one that ever wanted Royal Boons. But,
as to his Lordftiip and his Advantages, befides the Credit of liich an
Employ, which was great, this Service made him Study the Foreft
Law a little more than other wife he had done. But now the Fo-
refts fcom to be negledted, or rather granted out by Piece-meal, which,
kept in due Order, as in elder Times, and deftrudive Encroachments
of the Countries fuppreffed, not only the Deer (which are a Trifle)
but Timber would have fuch Encreafe, as would fupply Shipping,
and Cive great Charges, and be a vaft Accommodation of the Royal
Navy And it is not to be wondered that this Oeconomy of the Fo-
refts is laid afide, faving only as to Offices for Wardfliips ; for the
Subied Matter is unpopular, and the Officers are, on the one Side, cor-
rupt and yield to all Abufes, and, on the other Side, opprefs, and ex-
tort Money of all they can ; and, as if that were the End of their In-
ftitution, mind little elfe.
His Lordffiip was not without eminent good Fortune, as well as Dil-
cretion, to help him forward in his Circuit Pradice; which made him
rife in it fafter than young Men have commonly done. As when
the Lord Chief Juftice Hyde was alive, he ufually went the Norfolk
Circuit. The Chief Juftice was a Weftern Man, but would not
take
45
LORD KEEPER GUILFORD,
take the Circuit fo called, becaufe he would not break a Law with a
Non objlante. And this Judge was induftrioufly favourable to his
Lordftiip, calling him Coufin in open Court, which was a Declara-
tion that he would take it for a Refped to himfelf to bring him
Caufes: And that is the heft Account that can be given of a Favourite ;
in which Capacity a Gentleman pretends to be easily heard, and that
his Errors and Lapfes, when they happen, may not offend the Judge,
or hurt a Caufe; beyond which, the Profeffion of Favour is cenfura-
ble both in Judge and Counfel. But this Benefit grew, like that wn^
d^v S'wJeofryPahr.cr, at firft, out of a Temple Acquaintance, which
confifted of young Mr.P^/;,7^r, and Mr. Edward Hyde iht Lord Chan-
cellor's Son, and fome others of that Family, who introduced his
Lordftiip to their Patrons: Which ftiews that, in the Ereding of a
Lawyer, Inns of Court Commons and Converfation may be of vaft
Ufe. In Circuit Pradice there is need of an exquifite Knowledge of
the Judge's Humour, as well as his Learning and Ability to try Caufes.
And his Lordftiip was a wonderful Artift at nicking a Judge's Tendency,
to make it ferve his Turn, and yet never failed to pay the greateft
Regard and Deference to his Opinion : For fo they get Credit; becaufe
the Judge, for the moft Part, thinks thatPerfon the heft Lawyer, that
refpeds moft his Opinion. I have heard his Lordftiip fay that, fome-
times, he hath been forced to give up a Caufe to the Judge's Opinion,
when he was plainly in the Wrong, and when more Contradidion had
but made him more pofitive; and, befides that, in fo doing, he him-
felf had weakened his own Credit with the Judge, and thereby been
lefs able to fet him right when he was inclined to it. For, when he
found it went againft the Grain, he would not teife, as the Way is,
to get Credit with the Countrymen, who would be apt to fay. Look
*ii'bat Faim be takes ; but, for that Time, fince there was no Remedy,
let the Matter go. And all this without Blame with Refpcd to his
Clients; for he could do no more in anyRefped, but might do worfe
by many. And a good Opinion, fo gained, often helps, at another
Time, to good Purpofe, and, fometimes, to ill Purpofe; as I heard it
credibly reported of Serjeant M--)'— //, that being the leading Counfel
in a fmall-fee'd Caufe, would give it up to the Judge's Miftake, and
not contend to fet him right, that he might gain Credit to mkead
him in fome other Caufe in which he was well fee'd.
There were fome Judges came that Circuit, of whofe Abilities Time Great nivcfi-
hath kept no Record, unlefs in the ftnifter Way; as Morton, Archer, 0' of Judges.
^c. If fuch exprefled any thing in favour of his Lordftiip*s Client, lie
would echo Ay, my Lord-, and then the other Side fretted at hitn as
one that, knowing better, ought not to fay fo. Once Archer noted a
Difference between a Renunciation of an Executorftiip w^qw Record,
and
46
m
i
'4
i
m
Tbe LIFE of the late
and in Paijs. Ay\ ms Lord, quoth the Counfel ; which made the
Judge as fierce as a Lion, when he was k^ backed; and wo be to the
other Side if they contradidcd it; thou'j;h it was no better than ar-
rant Nonfenfe. There came other Judg.s who were, and ever will be,
famous among the Learned in the Laws ; as IVadham, Windham, and
the Lord Chief Juftice Ualcs. His LorddVip had no Way to court
thefe but by his Learning and Streno;th of R .afon. Hales had an early
Opinion of'his Lordlhip's Skill in the Law, and believed he would
arow eminent in the P- ofeiTion. For once, when the Court was fat,
he perceived him crouding very hard to get in, and, from the Bench,
fpoke to the People to make make Way for the little Gentleman, for,
laid he, he ivill foon make Way for him/cIf. In Ihort; his Lordfhip
took all the Pains he could to fettle himlelf well in Circuit Pradice.
He ufed to fay that the Circuit found him Bufincfs for the Town, and
the Town for the Circuit.
Mod careful to One Thing was principally his Care; which was to take good In-
beinaruaed. ftr^aions in his Chamber. He examined carefully the Hue, as the
Pleadings derived it; and perufed all the Deeds if it were a Title,
and not^'feldom examined the WitnefTcs if it were Fad : By this he was
enabled to make a Judgment of the Caule, and to advife his Client as
to t^oino- on or not. And the Attorney, as well as the Client, by his
Cai^e and Dexterity in probing the Caufe, ilarting Objections, inventing
Points foretelliniT Events, and what the Judge will lay, and the like,
obfcrved hisCharader, and that he might be depended on; which en-
caj^ed both afterwards to come to him again; clpecially the Attornies,
vvho love fuch as have Skill, and take Pains to credit them by fecuring
the bell Event a Caufc will bear.
Mr.c./.«;.t« a I am advanced (o far in thefe Obfervations ms, witnout more, it
may plainly be perceived that, from an humble Begumer, rejoicing
at i Caufe that came to him, his Lordiliip foon became Cock of the
Circuit; and every one, that had a Trial, rejoiced to have him on
his Side There was another Gentleman, who grew up together with
his Lordlhip in the Circuit Pradice, with nearly the fame Speed, one
Mr Coleman of the Burnt Ely Family in SuffolL And, as it happily
fell out there was no fort of Emulation or Competition to create Un-
eafinefs betwixt them; for they were, for the moft Part, oppofed ; it
one of them was for the Plaintiff the other was for the Defdidant, and,
from the Beginning to the End, held not only a fair Correfpondence,
but were very good Friends: And how could it be otherwife, when
both were ingenuous, good Lawyers, ready fpeakers candid Gentlemen
and who, inPurfuit of their own, improved each others Interelt?
Mr. Coleman had a very comely Afped, and a very v^^^ble Tongue.
It was faid that an Attorney afked his Client, that flood behind him
which
Ct)rcmporavy
and Fii^nd.
■
LORD KEEPER GUILFORD.
which of thofe two Gentlemen fliould be his Counfel ? Who, faid he?
my thatmmble Ch„p^ there. It fell out that this Gentleman died
ammaturely; elfe he had fallen into that Track of Preferment as Sir
Willtam Jones fell mto; of which there is an Account elfewhere. There
were diverfe Serjeants, and others, that went the fame Circuit, hut none
that could cope wuh thefe two. I have heard them relate Paffaees in
heir Circuit Praftice, to make the Company mer.y. As when they
wo have been together, and a Brace of Serjeants to boot, and they
knew a flat Nonfmt in the Caufe, which the others did not fee, they
flood afide and left the Brethren to wrangle with the Court about No-
thing, till, having laughed and fneered enough, one ftept forward, and
cutting the Thread, the Caufe fell all at once
I have here lliewed diverfe Inftances of his Lordfl^ip's favourable
Means of rtiewing his Abilities, but little or nothing of his Condud in
any particular Matter: And becaufe his Charader may better appear
by fuch, than by general Eulogies, I will fubjoin one or two of his
dexterous Exploits The Lady Dacres had Suits depending againft
Chute, the eldeft Son of her Hufband then deceafed.^ for a Sum of
Money fecured upon Land by her Marriage Contrad; which Chute
had married lier Daughter, and, dying, left upon her Hands four
took the Profits for diverfe Years, by which flie became accountab^
His Lordfhip being fenfible that his Aunt run great Hazards of being
Having Debt, being made a Debtor, advifed her to get a Decree
and a Manager appointed, and (lie to anfwer only whaf Monies flie
aftually received: And. as Things fell out afterwards, the Reafons
tor this Precaution appeared molt lively, for it preferved Jier (who
kept no good Account) from oral Te/limonies of imaginary Values
which had pinched her to theC^ick, if Ae had not had^that Defence:
W I V I'l I" '^'T'"'^ " "'°''' common of late than it was then ;
and It fell not under every ones Cap to give fo good Advice His
Lordftip had much to do with this Aunt, vvho ufed him but fcurvHy
as will appear from what I am going to relate ^'
She had a Bill in Chancery againft her, and his Lord.Tiip muft draw
full in a chief Point of Fad>. Which was done; and then other
be taken off the File and mended; which, with Leave of the Cour
pcyi\zny, IJ J,e ga^oe hts Son any Fees for the Bufinefs he did her?
1 his made her think it a Plot of the young Lavvye/ (but far from
any Colour of Truth) to get Money out of her; for lie never f'w a
^ Penny
47
Cafe of his
AiinrthcLady
She under-
takes ro de-
fame him, and
his Humaniry.
48
r}
A Pirce of
ne LIFE of ihe late
Penny of her Money for all his Pains in trotting to and fro, and do-
ing Bufinefs for her. And, from that Time, flic threw him off, ac-
cufing and railing at him, all the Town over, for falfifying her An-
fwer, and making her fwear what was not true (if it had flood) to the
Ruin of her Caufe. And herein flie ferved herfelf another Way ; for
her Adverfary defamed her for fwearing and unfwearing , and it was
not amifs to have a Button in the Room. But Ihe carried the Quarrel
fo high as to get one of no fmall Account to let Sir Jeofry Palmer
know what a Snake (meaning his Lordfliip) he had in his Bofom.
In (hort, fhe intended his Ruin if poflible. But the Merriment which
the good Attorney General made with his Coufin North for his early
Praaice, was aDiverfion fufficient. All this is not unfeafonable to be
remembered, becaufe it refleds upon his Lordfliip the fingular Vir-
tue of Humanity. For, all the while flic defamed him in this Man-
ner, which was for feveral Years, he made no Replies, but by fmiling,
and paid her all the Devoirs due to fuch a Parent, and ferved and af-
fifled her in all her Exigences ; flie never failing to make Ufe of him,
when fhe found it might be of Profit to her: And yet flie never
could afford him a good Word to his and her dying Days.
His Lordfhip had a Relation, one Mr, Wbitmore^ of Balms near
An in'a Trial LoTidon, an humouffome old Gentleman, but very famous for the
tor Tithes, nieer eating and drinking Part of Houfe-keeping. He was Owner of
Waterheach near Cambridge, and took a Fancy that his Eflate ought
not to pay Tithes, and order'd his Tenants exprefly to pay none, with
Promife to defend them. The Parfon had no more to do but to go to
Law, and, by Advice, brought an i\dion of Debt, for treble Da-
mages, upon the Statute againfl Subftradion of Tithes. The Tenants
irot^he whole Demand to be put in one Adion ; and that flood for
Trial at the AfTifes. Then he confults his Coufin North, and retains
him to defend this Caufe ; but fhews him no Manner of Title to a
Difcharjre. So he could but tell him he would be routed, and pay
treble Value of the Tithes, and that he mud: make an End. This ilg-
nified nothing to one that was abandon'd to his own tefly Humour.
The Caufe came on; and his Lordfhip's utmofl Endeavour was to
fetch him off with the fingle Value and Cofls; and that Point he ma-
naged very artificially: For, firfl, he confider'd that Jrcher was the
Jud'^c ; and it v/as always agreeable to him to flave off a long Caufe.
Aftel- the Caufe was open'd, his LordQiip, for the Defendant, flept
forwards, and told the Judge that " this would be a long and in-
" tricate Caufe, being a Title to a Difcharge of Tithes, which would
*« require the reading a long Series of Records and ancient Writings.
** That his Client was no Quaker, to deny Payment of Tithes where
'^ due, in which Cafe the treble Value was by the Law intended as a
" Sort
LORD KEEPER GUILFORD.
" Sort of Penalty But this was to be a Trial of a Title, which his
^''f f 7^ fdv.fed he .had to a Difcharge: Therefore he moved
that the fingle Value might be fettled , and, if the Caufe went for
the Plaintiff, he fhould have that and his Cofls (which Cofls it
" feems did not go if the treble Value was recovered) and then thev
"would proceed to their Title." The other Side mutinied againfl
this Impofition of Mr. North; but the Judge was for him and
they mufl be fatisfied. Then did he open a long Hiftory of Matters
upon Record of Bulls, Monafleries, Orders, greater and lefferHoufes
Surrenders Patents, and a great deal more, very proper if it had been
true, while the Counfel, on the other Side, flared at him ; and, hav-
ing done, tiicy bid him go to his Evidence. He leaned back, as fpeak-
ang to the Attorney ; ancl then. My Lord, faid he, we are\ery un-
/S'Al.i" A /^^^''^'•"O' tells me, they forgot to eJamine
R • A T^ r''^ /^'.?'''^"''f^' "' 'b''^"^"'^' and fo (fblding up his
Bnef) My Lcnl, fa,d he, theymujl have the Vcr^i£i, and L mul
come better prepared another Time. So, notwithflanding all the Mu-
tiny the other Side could make, the Judge held them to it and hev
were choufed of the treble Value. This was no Iniquit^ ' becaufe k
was not to defraud the Duty, but to fhift off the PenalS But the
od Gentleman told his Coufin North, he had given away his Caufe
His Lordfliip thought he had done him Service enough ; and could but
Before I mention the farther Steps of his Lordfhip's rifing I mufllnaD
LsLife. That he was what was called a fober Perfon was weH"'"'
known ; but withal, that he loved a merry Glafs with a Friend Bu
once, in the Circuit, being invited, with the refl of thl r rf
to dine at Colehejler with th'e Record;r Sir >t ^zLf wt JaTS
known to be one of the greatefl Kill-Cows ft Drinking in he N^t^n
he, with the reft of his Brethren, by Methods too wdl knovvn L
verydruiiK. They were oblis^ed to eo on and U.tLl^n",'-^
niotinted. but foiL dropt, a^nd otherf piSeeS Hif ior^Td
a Clerk, one Lucas, a very drunken Fellow, but at tint Tim/ I
far gone. He thought it his Duty to have a 'tender Ca of lis w'-ifTer
who, having had one Fall (contrary to the found Advice of his exoe
for his Pain? h" l' 7r^' ^'' "? '^''"' ""'"S ^^'^ ^^ to nought
tor his Pains. His Lordfhip was got upon a very fprightly Nasr th?t
trotted on very hard, and Lucas came near to perfuade h m nof'tnl
io fait; but that put the Horfe unnn th^ P.,^ ^ ^^
hisMafte, full sfeed, fo af noT S^olW S^'^l^!^
When he found himfelf dear of Purfuers, flopt l"s Cou'rfe b^De^S
^ " and
49
bauch,"
d neatly
with his Life.
5°
..\
'i M
Tloe LIFE of the late
and went with his Rider (faft afleep upon his Back) into a Pond to
drink -, and there fat his Lordfhip upon the Sally. But, before he fell,
'^r. Andrew Card, now an eminent Praaifer of conveyancing \n Grafs-
Inn, and then Mr. Colcman\ Clerk, came up Time enough to get the
Horfe out of the Pond before he fell off; elfe he had been loil: For
which Service his LordQiip ever had a Value for Mr. Card.
led at They took him into a publick Houfe nigh at Hand, and left him to
ccident. the Care of his Man ; but fo dead drunk, that he knew nothing that
happen'd to him. He was put into a Bed; and the reft of the Com-
pany went on, for Fear of lofing their Market. Next fvlorning, when
his Lordfliip awaked, he found he was in a ftrange Place, and that,
at a Fire Side in that Room, there were fome Women talkiiig foftly
(for talk they muft) he fent out all his Senfes to fpy, if he could, what
the Matter was. He could juft perceive they talked of him. Then
he call'd for Luca^ and bid all go out of the Room but him ; and
then, Lucas, faid he. Where am 1? He was glad the Danger (of
which Lucas gave him a fenfible Account) was over, and got him
up to go after his Fellows.
Moderation I remember, when his Lordfhip told this Story of hlmfclf, he faid
m diinking. the Image he had, when his Horfe hrft trotted, and fo fafter and
fafter, was as if his Head knocked againft a large Sheet of Lead, as a
^ Cieling over him ; and, after that, he remember'd nothing at all of
what happened till he awoke. His Lordfhip, of one that was not
morofe and uncomplaifant, was the mod fober that ever marched
through the World as he did. I, that was almoft continually with
him, never faw him in a Condition they call overtaken ; and the mod
hath been but juft difcoverable in his Speech ; for he had Strength of
Head to bear a great deal : And when he found that Infiimity com-
ing upon him, he ufed to fit fmiling, and fay little or nothing ; fo
harmlefs a Thing of a petit good Fellow was he: And this only in
Company that, in fome Sort, conRrain'd him ; and that was very fel-
dom As once, when he was Attorney General, he dined with the
Earl of Sandwich, and, in the Afternoon, went to the privy Council
to plead, upon a Petition, before the King: And the next Day after,
the Earl asked one of the Lords how Mr. Attorney behaved himfelf ?
Very well, faid that Lord. / thought fo, anfwer'd the Earl, for I Je?tt
him inftruaed with at leaft three Bottles in his Belly. That was a
s-ood Medicine for his Modefty, and, perhaps, at Court, no ill Prepa-
rative. But, fetting afide that Rhodomontade, his Lord(hip, by a
fteddy Temperance, and Sobriety, held the Empire of hisReafon, and
Vigour of his Conflitution, fafe and upright till, under the cold Hand
of Death, both fell together. But, as for fuch Entertainments as
thefe, it is great Pity that the Tokens of Barbarity ftiould yet remain ;
LORD KEEPER GUILFORD. 51
:ind much more that the Confequences, often fatal, (hould be as Braves
of Conquefls, with a People who would take it ill not to be accounted
civilifed, wife and learned.
^''^•?'r^,'P'F''"M^^,''^^^^^' while he was in great Bufinefs, was How his id.
molt philofophical, till he was Solicitor General, and married ; and ^urc Tirae
then he kept Houfe, and, at Meals, fcarce ever failed his Family • But ^^^'"^'
before he ufed the Commons in the Hall, at Dinner, perfonally and'
at Night, in his Chamber. And when he was out of Commons the
Cook ufually provided his Meals ; but, at Night, he defired the Com-
pany of fome known and ingenious Friends, to join in a Coftelet and
a ballad at Chattelin%, where a Bottle of Wine fufficed, and the Com-
pany dreffed their own Feaft, that confifled in friendly and apreeable
Converlation. But in Term, and while Bufinefs was ftirring, he kept
his Chamber, becaufe (in order to next Day's Work) the Attornies and
Agents came in at all Hours; and then he defired the Company of a
Friend or two, that, in the Intervals of taking Inftruftions, he might
come out and lolace a little with them, and return when he was fum-
moned And the Repall among us all, was only his Commons and a
fingle Bottle : But what is that to the Feaft I mentioned, which was
never wanting? When his Pradice was but little, and, for the moft
1 art, when he was a Student, he made it a Rule not to leave his
Chamber before Eight at Night ; and if he had no appointed Com-
^•n"?; T^^ ^ ^^'^ ^^^^" ""^ ^^ ^^^^ ^^°"^ i" the Gardens with him
till Bed-Tinie ; for he never loved at fuch Times to be alone; bur
having^any Company, he could difcharge his Thoughts by Difcourfe'
After he was of the King's Counfel, he kept a Coach, and, at leifure
Times, ufed to air himfelf in that ; but with a Friend to receive his
Dilcourfe, and give Handles for more. But, while I was with him
which was, firft while Sir Jeofry Palmer was but juft alive, I cannot
lay J ever knew him to have been twice at any Tavern
Here we drop our Circuiteer ; which Character laft^d till his Lord- M.deSol.v
ftiip was made the King's Solicitor General : And that was when Sir ^-'"^-'' ^
Edward lurner was made Lord chief Baron: For, upon the Death ct^'^
ot the Attorney General Palmer, Mr. Solicitor Finch was made At-
torney ; and there being an Oppofition made by the Duke of Bucks
in Favour of Mr. Jones, againft his Lordfliip, who had much the
fairer Pretence an Expedient, for that Time, was found, by making
tne then Speaker Sir Edward Turner, Solicitor. But of this Affair
we have his Lordfhip's Notes, which I fliall infert and add a Comment
according to Prom lie. '
His (Sir>/rvP^/;;;.;'s) Death 7 This Incident made the Wheel His Note a:
made a Contraft . \ of Preferments turn. Sir Henea^e ^-^ ^^•
tinch, who was Solicitor, was made Attorney General. Then xh^
G 2 Queftion
\\> 4
iff
•»1 fi-
il
; 1
l:lil
J 2 The LIFE of the late
Queftion came who fliould fiicceed liim ? Tlie Lord Keeper Bridge
man, and the new Attorney, belidcs the indifferent Intcrcll: at Court,
and, I believe, the King himfeif, were for his Lordfliip ; and why not?
For he was next Oars, the King's Servant nh'cady, and had not demc-
rited. It had been ungracious to have poftponed him, and taken in a
new Man that never had ferved ; and none might guefs at his Inclina-
tions to ferve well. And this was Mr. Jozies, who, being a proud Man,
could fcarce bear his LordOiip to go on, ftepping before him. He
applies to the Duke of Buckijjgbam, who, at that Time, was refpeded
as a premier Minifter at Court. But his Character little fuited that
Pretenfion ; for he commonly turned Day into Night, and Night into
Day, and knew no Order of Life, or Time, but after the Calls of his
Appetite; and thofe were either leud or profane. While he was in
Affairs, he favoured the true Enemies of the Court, the Fanatics-, and
when he was out, he fet up for one of the Heads of that Fadlion.
He was fo entirely abandon'd to his Pleafures and Eafe, that he fcl-
dom regularly attended on any Account ; but yet, for Revenge or
Fadion, he was a diligent Solicitor; and undertook to get Mr. Jojies
the Solicitor's Place. He plied the King fo clofe, that he knew not
how to clear himfeif of him. But it was underftood that the King
could not be brought to dafli cold Water in Mr. North's Face, againft
all Reafon, Juftice, and his Majefty's own Interefl: ; and fo it depended
fome Time. At laft an Expedient was found, viz,
S\v Edward Turner m2idQSoY\c\ioY.\ This Gentleman had ferved
His Promotion made no Contrail. 3 long as Speaker of Parliament,
and had been ufeful to the Crown, and alio to himfeif. But, on the
Difcovery of a fmall Prefent made him by the Eaji^ India Company,
he was blown in the Houfe of Commons. The anti-court Party took
all Advantages againfl the Court, and made a Mountain of this
Moufe ; for it was but a Trifle. However, it lofl him much of his
Credit and Authority in the Chair, which he was ufed to have ; and
he thought fit to give Way, and not fit there longer to be expofed to
the Affronts which would continually be thrown at him. This made
him incline to accept the Solicitor's Place, until fomewhat better fell,
and then the King was at Eafe. About fix Months after. Sir Edward
Turner was made Lord Chief Baron of the Exchequer, and the Soli-
citor's Place fell void. The King refolved to have no more fuch
Trouble about filling it ; but forthwith declared that Mr. North (then
Sir Francis) lliould fucceed.
Sir William "Jones,\ And, to fatisfy the Duke of Bucks in fome
King's Counfel. ]" Meafure, his Friend, Sir William Jones (then
alfo knighted) was made of the King's Counfel. And fince (as they
fay) half a Loaf is better than no Bread, this Promotion, in Part,
"' ^ though
LORD KEEPER GUILFORD. c,
though not altogether, fatisfied his Ambition ; for it was rufficiently
thereby declared that, if not to lead, he was fure enough to follow
in the Track of Preferments. '
And becaiife it is impoffible to account for the Lives of bufy Men, Rcafonc f„r
without touching upon fome certain Dealings of thofe Perfons with «'''"? 'h'
whom tiiey tranfadted j whofe Behaviour and Tempers will be inter ^'^^^7°'
woven and make good the Fulnefs of the Relation, as Things of dif- "r*."''
icrent Complexions diftinguifh each other ; and the moft retired Con "<""""'' ••«
verfe is material to Characters, becaufe a Man is known by the Com- ^°"^""'''
pany he keeps ; it will be proper to infert in this Work the
lourtraits of fome Perfons, cotemporary with his Lordihip Con-
iorts and Coadjutors, as well as Adverfaries in Bufinefs. And hence
will refult a petit Biography, wherein the Rcmarkables may affifl the
Theory of human Nature, which confifts in the Knowledge of its
■ c-'°^^;'," ^"fi™"'es- And none more famous for both of thefe
tnan Sir M' til, am Jones, who, upon the Strength of the Duke of Bucks
let his Lordfhip fo hard for the Solicitor General's Place. But having
faid fo much of him already in the Examen, I ihall make no Repe-
tition here. I will only add that, ^
If I may have leave to guefs, the greateft Load, of all that fat upon, c.n.^„ Mr
and opprefled, his Spirits, was his undue Fervor in profecuting MeE to S'e:?,^-
^eath, lor HighTreafon, upon the Foot of Oates's Plot There are '"'S'"' *■«
Keafons to make one believe he was at the Bottom of the whole Str^ m'7i "5°°
tagem, which, if the Truth were fo, ftains his Charaaer,^„d evacul -''"^B-
ates all that hath been faid of his Probity, unlefs the heathen Sentence ^"'°'" '*""'
regnand, cauja, or for the fake of Govaning, pafs for good So ahty ""'
-rnowf^thrr T '' ''^^fi^ft Entrance, and fooner tha^n it could £
known that Godfrey was in Danger, except by his not dining at Home-
His running from one great Man to another, as he did, to fay it wJs
though th.t Godfrey was made away with by the Papifts : And once
being at his Villa m HampPad, when the whole Fadtion laboured to
fcatter Terrors about the Town and Nation, as if nothing vva fafe
from the Papifts, he fent an Exprefs to London to have hh mV^Jf
moved from the fore, to the back, Cellar of his Houfe in L.X Z
fear of the Fireballs of thejefuits: And his ufing all the Arts tfhts Pro
fo?rpf?"?r^"" °f '"'"^"y P^O'-Men. asheconvided toDeath
for the Plot, and fome no very commendable ones to be ufed even in c5m
mon Caufes of Property, as have been touched elfewhere fand afSr
that fetfng up the gnoramus Practices, byjuftifying tl,; Perlfh
Prnn; which was when the Tables were turned, and his Friends we e
obnoxious; as if the Law were a Party Weathercock : And then wrdn^
to juftify the exorbitant Doings of the W.p„i„fler Houfe orCommons^
after the whole Nation rcfentcd them, b^ a Pamphlet in anfweTS the
King's
J 4 TToe LIFE of the late
King's Declaration of his Reafons: All thefe Matters were falfe, and,
as proved, vain Efforts in Party Work, which he was fenfible turned
upon him, and, ffaring him in the Face, told him he ought to have
been wifer. One thing his Lordfhip remarked of him ; which was
that, when any notable Party Project was in Embryo, he made him a
Vifit either to terrify or efpy, and, by the Air of his Countenance, to
gather fomewhat. And this more efpecially when any Harm was in-
tended his Lordiliip through the Houfe of Commons. Once he came
to fee him, and told him that, Now they had them fajl. It was a-
bout the Time of the Reform of the Council, and when he had quitted
bis Place. Whitehall, faid he, mufl render infix Months -, and lohat
will sou do thenf His Lordfhip anfwered quick, I will join with thofe^
that^ Jhall turn you out. This Anfwer made him look very
dull, being not that which he came for. Thefe Inftances made his
Lordfhip conclude that, whenever he had the Honour of a Vifit from
him, there was fomewhat veVy finifter in the Wind j and the ill Omen
appeared. But, to conclude, if this Gentleman could have been purged
of an immane Conceit of himfelf and of his own Worth, and made
clean from his Difaffedlion to the Crown and Monarchy of Engla?2d,
which always warped his Engagements towards the Sedlarian and Re-
publican Model, and made him reftlefs and untoward in all his Adions,
he had been defervedly a famous ProfelTor of the Law, and, as fuih,
celebrated in after-times equally with, if not fuperior to, the reft of
his Cotemporaries.
Attended But, to return. His Lordfhip, as well before as after his being
^I'ouf/ot*" w^acle Solicitor General, and while he was King's Counfel, made the
ihancery. bcft of his Time in Wejiminjler Hall, And however, at firft, he
ndwhy. planted himfelf in the Way of King's Bench Pradlice, he found fuch
beneficial Calls to other Courts, efpecially to the Chancery, that he
thought it beft to comply with them. And fo to the Exchequer,
Duchy, &c. which filled him exceedingly with Bufmefs; and none
more gainful than that of the Chancery, in which he got fo much
Credit that, at Length, he made that Court his Home, and went off
to other Courts only on great Occafions, as when folemn Arguments,
Trials at the Bar, and the like, engaged him. But this I have heard
him fay, and fometimes obferved, that, when he was not concerned
in the Caufes at hearing in Chancery, he ufed to go over to the King's
\^p Bench ; which being a Court of Law, his vacant Time, fpent there,
would be more beneficial to him. And fo he fat within ihe Bar, with
his Note Book, reporting, as the Students, about the Court, did. He
as little negleded Opportunities of acquiring Knowledge in the Law,
as of getting Money by the Pradlce of it. Witnefs this one Inftance;
Every Chriftmas^ during all the Time of his Padtice, he read Littleton
all
LORD KEE
all over. And this he enj
having gained an Authorit
of Conveyancing, he judgv
J5
R GUILFORD.
.imfelf for a Tafk : For that Book
a Tradl of Law, and the Foundation
, ^ it neceffary to be punftually remem-
bered, without giving Time the Advantage to obliterate, or corrupt
any Part of it from his juft Thoughts.
It is obvious to imagine that a Perfon, preferred, and in capital CMcf in Prac-
Pradice of the Law, muft needs be noted for many excellent Perfor- ^'^^' R-pu^a-
mances, as he vi^as in numerous Inftances of nice Caufes that he ^on- """" '""^ ^'"^*
duded. But it is not pofTible to go over the Lift of his Clients, and
fliew what Part he had in their feveral Hearings, Arguments, Trials
at Law, and the like, unlefs a Diary of Caufes had been kept for that
Purpofe; and that muft have been a large one, for he was in every
Caufe of Moment. Nor can I fay, upon my Memory, how many Fami-
lies of Nobility and others, having once madeufeof his Advice, made him
afterwards Arbiter of all their Concerns; nor is it to any good Purpofe
fo to do, unlefs it might be alfo demonftrated wherein hisLordOiip's Sa-
gacity, or Management, was fuperlative. It may be equally alledged of
every eminent Pradifer in the Law, that he was concerned in great Caufes,
whereof fome went on his Side. So that a general Obfervation of Confe-
quences, fuch as his never lofing Ground, but, rather, rifing in Reputa-
tion, from the firft to the laft, and that, paffing thro' the meaneft, his
Lordftiip arrived at the utmoft Preferment, and all without Obloquy
or Reprehenfion, implies all that can be inferred to his Advantage, even
from the Particulars, if we had them. But yet I ftiall ftiew fome In-
ftances that fell within my own Obfervation, which were of an extra-
ordinary Nature, and fliewed his Lordftiip'sfingular Application and Suc-
cefs in Caufes that refted wholly upon his Advice and Condudt.
And here I might properly infert the great Caufe between Soams why the Cak
and Ber?jardiJton, which was recovered from a defperate malign Influ- ^^ so»ms and
ence of the Times, purely by the Strength of his Reafon and Debate, f'^^'^'^^f'"^ >*
againft a Torrent of Authority. But fince it is particularly related in*
tht Examen, and a clear Account of the feveral Steps it took in JVeJi-
minfter Hall, and how it was finally adjudged in Serjeants Inn Hall
by his Lordftiip, when he was Chief Juftice of the Common Pleas,*
may be feen there, I ftiall fay nothing of it here, but refer the
Reader to it. It will alfo be found declared in that Book,, in what
Manner his Lordftiip was profecuted in the Houfe of Commons upon Ac-
count of this Judgment of his; and therefore, I ftiall not make any Repeti-
tion of It here, but only obferve one or two Things upon the Whole of the
Profecution. And, firft, that the Lords, at a jocular Motion of the Lord
Wharton, made Holiday of this Day of the Motion in theHoufe of Com-
mons, which ftiews that the Party, in both Houfes, were fet for the Pur-
pofe. For if the Lords had fat in the Morning, the Defign, to be exe-
cuted
out.
fl 'V
jl",^
♦ , '
5^ Th LIFE of the late
cuted at One a Clock, might have taken Wind. 2. That although
this Stir was made, on his LordHiip's Account, for MaHce and
Revenge i or, rather, Ambition of his Place, yet his Name was not
touched, by any Mention, from the Beginning to the End. The Rca-
fon of which was becaufe his Interefl and Friendfhips, among the bed
Quality, were great, andalfo hisCharader, for Jullice, fo well known,
that, upon a declared, perfonal Attack, a fiercer Oppofition had been
made. 3. That a Perfon of a found and valuable Reputation, and c-
fteemed ufeful to the Publick, {hall have Friends unknown appear, in
Time of Need, to affift, and fee Juftice done him. 4. That the Sin-
cerity of any Bufinefs may be known by the Means ufed to accom-
plilli it3 for, if either be falfe and perfidious, the other will be fo alfo;
and they counter refer to each other. If a Bufinefs be bad, honelt
Means will never be ufed to come at it; and, if Tricks and Falfenefs
appear in the Approaches, the End is the fame. 5. That Shifts and
Subterfuges, and clancular Compofitions, are of the word Con feouence
to a jurt: Magifh-ate, who is upon his Defence; for, being difcovered,
they lofe a real Interefl, and, of Friends, create Enemies, which, in
thofe Times, appeared in diverfe Inflances.
^I'^ll^t ^ i^all not be jufl to his Lordfhip s Memory, if I do not fubjoin the
his Judgment refl of this Profecution, which, after his Death, was refumed, and with
the"HoTfeof ^^^'^^ ^cfign it was carried on. Upon the Revolution, diverfe Perfons,
Loids°" '° who had fufferedfor their Crimes in the foregoing Reigns, thought that an
Opportunity was fallen in their Way to be revenged, and reimburfcd
their Fines, and what elfe their Malice or Avarice fuggefted, not by
any flow Procefs of Juftice, but, by Ad of Parliament, all at once.
And how far this Defign extended, what Profers were m.adc, and how
they came off, was a Work of another * Undertaking ; and here I mufl
deal with what concerned only his Lordfliip, whereof this revived
Cafe was one. The Sheriff 6'o^wj had been long dead, and his Family
fo low that nothing was expeded to be got from thence; yet Sir Sa-
muel Bernardijion brought a Writ of Error of this Exchequer Chamber
Judgment into the Houfe of Lords; and there the Knight lawed by
himfelf, for no Perfon oppofed him, and, upon hearing, the Lords,
aflifled by thejudges, confirmed the Re ver fa 1, which was bcfide all Ex-
pedation. Pending this Writ of Error, his Lordfhip's Friends, whom
he had entrufted with the Affairs of his Family, had certain Intelli-
gence that the Defign was (if thisReverfal had' been reverfed) to have
fued to the Parliament, for an Adt to pafs for charging the Reimburf-
ment of the Damages, recovered by Sir Samuel Beniardi/loft, upon
the Eftate of the Lord Chief Juftice Norths upon a Surmife that his
f Sec the Examen.
■ t
Judgment
LORD KEEPER GUILFORD.
Judgment v^as reverfed by Means of his Lordfhip's undue Solicitation.
And if the Lords had fet afide the Reverfal as illegal, who would
doubt of the reft ? At leaft a Vote would put it out of Doubt. It
was a moft incredible Surmife that his Lordfliip, who was known to be
a ftrid Obferver of the Rules and Decorum of a Judge, and never
would bear with any undue Solicitation to himfelf in Matters depend-
ing, ftiould fo criminally, as they would have prefumed, folicit other
Judges in that Manner. But corrupt Intereft and Fadlion will prefume
and, having Power, perpetrate any Thing, though never fo falfe to
ferve the Turn. '
While this dernier Writ of Error hung in the Houfe of Lords unde-
termined, his Lordfliip's faid Friends were folicitous how to behave
themfelves. For, after they knew that the Shot was made at them
It was not advifeable to make any Appearance, or Pretence to defend •
for that would have had an evil Conftrudtion. And they durft not
fo much as fpeak to any of the Judges, or Lords, for the like Reafon •
And negative Errors being beft, not knowing what to do, they did
nothing at all. At length one of them leaned againft the Stall of Fox
the Bookfeller, not a little penfive ; and Fox leaned over, and Sir faid
he t/jcre is much Difcoiirfe of a Cafe bet^vecn Soams ^;/^ Bernard! ft on
judged by the Lord Keeper North. / have a Copy of his Lordjhi/s
Argument, and, with your Leave, I will print it-, and, perhaps, it
may do feme Service. The Hint inftantly took Place; and, Leave be-
ing given, it was printed and publiftied, very fair and well; and com-
ing among the Lords, it difcharged the Prejudices the Caufe by un-
der, and prepared them to admit the Reafons the Judges gave in the
Houfe, and alfo to create fome Favour to the opprelfed : And fo ended
tins Jong Talc. But, by way of Remark, to fliew how Fadlion will
get the better of common Senfe and Truth, even in IVIen great Pre-
•tenders to both, I muft add that Pollexfcn, an Arguer for bir Samuel
Bcrnardif.cn, fince the Revolution, publiftied (or fitted for the Prcfs)
a Book of Reports, as they are called, confiftin-, chicfiv, of his fli-
:dious Arguments; and particularly in this Cafe: But moft'brazenlv and
untruly, m his Preface, tells how he had carried the Caufe if th/ Lord
Chief Juftce North had net folicited the Judges to give a contrary
J uc:gfnent ; or to that Eifedt This Book and Preflice was fliewn to
the, then, Lord Chief Juftice Holt, who did a lingular Piece of Juftice
to his Lordftiip's Memory and Honour ; for he lent for the Bookfeller
to anfwcnt before him, and had fuppreft^ed the Book, if he had not
promifed to change the Preface, and leave out that Scandal : Which
was done; but fome Copies had efcaped before.
The Reader will alfo find, in the aforefaid Exar^icn, a particular
Account of tlie Defigns of fome Gentlemen, that had been of ±z
H Fadlion
T7
His Lord n-.ip's
Argument
printed, and
a Scandal fup-
prefled.
;;i
In
(*i
\'i>\
Note tirofi
th-D.li^ns
ot thwtuctiun
if
i:*
I:
58
after the Re-
Lordfhip.
T/je L I f E cf the late
Fadlon in King Charles the Second's Time, after the Revolution, to
Rcaard"'Jhi^ clvarge the Fines of the Rioters, by Adl of Parhament, upon the Eflatcs
of fome particuhir Perfons, of whom his Lordfliip was one ; and how
it was fruftrated, and came to nothing: So I fliall let that pafs, and
oblerve only that his Lordlhip's Friends were the lefs furprifed at this
Attack, and others of like Nature threatened, by Reafon of Advice
they had from Holland^ that the common Difcourfe of the Fugitives,
and others of the Party there, was of their firm Purpofe to take away
the Eftates of the Ivories, by Adl of Parliament. But the Times fell
into fuch a thorough Settlement, that fuch Injuftice was not encou-
raged. How they would have ufed his Lordihip, if he had lived, I
cannot fay , bad enough, if fome had had their Wills. We were in-
formed that, in the Houfc, upon Mention of the State and City Af-
fairs, diverfe Members were pleafed to name him, and made (harp
Clofes to the Prejudice of his Name and Family. But there were al-
ways fome, efpecially of the Wejleni Gentlemen, who, interpofiiig,
fcreened both. Therefore, as it is an hard Cafe that an upright Ma-
giftrate fliould ever be fo expofed, fo it is a Comfort that his Sincerity
will create Friends who, unalked, will fliew themfelves in his Fa-
vour: Whereby the old Saying is verified, viz. Honejiy is the bejl Po-
licy,
This is one of thofe capital Caufes, in which his Lord(hip*s fingular
Application and Sagacity appeared : But I (hall give an Account of
one more, which I think will fully anfwer my Defign. And that was
the Caufe of Cuts and Pickering, Sir John Cuts, of Chilaerjly in
CambridgeJJoire, had an Aunt, one Mrs. IVeldy who married Mr.
Pickeri7igy and, by his Will, gave her an Eftate called Drayton^ Value
300/. per Annum, for Ninety-nine Years, if /he fiould Jo long live,
Mr. Pickering, defining not to hang upon the Thread of his Wife's
Life for fuch an Eftate, but to have it, for the Term, abfolute, which
is very near equal to the Inheritance, thought fit to erafe, -from the
Win, thefe Words of Reference to her Life. He had Opportunity
to do it ; ^or he was made Executor, and accordingly had the Will
in his Keeping, which, in his good Time, was proved, and lodged
in the Prerogative Office. The Relations, that were the Heirs and
Devifees of the capital Eftate, and (among other Things) of this
(fubjed to Mrs. Pickering %\J\i^) were Minors, and their Afi^iirs managed
by their Mother. I think the eldefl of thefe, not long fince, was
made a Peer, and was called my Lord Cuts. But his Lordship's firft
Acquaintance with the Family wTUt no farther than Sir "John Cuts^
and this Mr. Pickering and his Wife. He was a fubtile Fellow, Mo-
ney Hunter, but a great Trifler, and very avaricious; but, v/ithal, a
mighty Pretender to Puritanifm, and feeming to be more godly than
other
Account of
the Cafe of
Cuti and
I'ickiring.
LORD KEEPER GUILFORD.
I
59
other Men He ufed to frequent the Rolls Chapel, and mofl bufily
write the Sermon in his Hat, that he might not be feen. And he ufed
to viiit the Lord Chief Juftice Hales-, and, by canting, had perfuaded
him he w^as a mofl religious Man. He w^as not without Sufpicion
that fome Suits might be flirred, by the Cuts' s, againft him, upon this
Will; and much dreaded a Difcovery of this Rafure; (a guilty Con-
fcience needs no Accufer) he was almofl continually upon the watch
at the Temple, and among the Lawyers ; fometimes with one, and
then with another, eaves-dropping for Intelligence, but dropping no
Money: And, for a whole Term, almofl every Day, at one Time or
other, he called upon his Coufin North (there was fome Relation
but remote, between him and Pickerings Wife) thinking him-
felf to be thereby privileged to be impertinent, with his importune
Queftions, whenever he pleafed. He never had the Civility to offer a
Fee, or to afk his Lordfhip to be of Counfel with him in general, or
particular, or on any Account whatfoever. I remember, one Night
his Lordfliip came out from his Study, having jufl parted from him'
• m a great Pett, wifliing heartily that'his Adverifaries would come and
retain him, that he might fhake off fo troublefome a Fellow: And
the next Day, Mrs. Cuts came, with much Apology for her Prefump-
tion, in tendering a Retainer in her Caufe againft Mr. Pickering, fear-
ing he might be under Engagements to him. His Lordfliip told her
No, and took her Fee, and wrote her down in his Book of Retainers-
fo flie went away fatisfied : And well flie might; for that Minute's
Work faved the Efl:ate. Pickering, that dogged this Gentlewoman to
fee where flie went, perceived her go up to and return from his Coufin
Norths Chamber ; and then he concluded flie was in earnefl, and up
he goes, and offers his retaining Fee: No, his Lordfliip told'him, he
ivas already retained on the other Side, and fliewed him his Book
His Difcourfe upon the Matter fignified nothing ; he mufl have Pa-
tience, and provide himfelf elfewhere. He might repent his Nededl
but it vvas too late. ^ '
After this, Mrs. Cuts came to his Lordfliip in a very great Concern, D:r.overvo£
laying fhe had very credible Liformation that there was a^foul Rafure ^ ^^^^^^^'•'
in Sir John Cuts's Will, that, in Confequence, \o^ Draxton, after Mrs
Pickering's Death, from her (Mrs. Cuts's) Children. " His Lordfliip
immediately took Coach, and went to DoBors Commons, to view the
original Will. There he found the Rafure mofl evident, and not
done fo carefully, but, by the Bottoms and Tops of the long Letters
and the Diflances that determined the intermediate ones, the Words if
Jhe JJ:ould Jo long live, might be read. Thereupon he took a Paper
and made what they call a fac fimile of the Marks and Diflances of
tnole Imall Specks as were not fcraped out. Then his Lordfliip called
H 2 the
* .
1 if :»■■. 'J
r 'I
60 the LIFE of the late
the Officers, and fhevved them the Rafure, and the Marks, with the-
Refemblance he had made of them, and charged them all to take
Care that none fliould fee the Will but in the Prefence of an Officer;
for there would be a Suit at Law, to be determined upon View of
that Rafure. This Matter being fixed, the Lady went into Chancery^,
and, having filed her Bill for a Difcovery, Pickering anfwers fully,
and denies the Rafure ; and, at the Hearing, a Trial was directed to be
had, to find if this Rafure was fince the Publication, and by whom.
The Caufe came to be tried at the Kings Bench Bar, before the Lord
Chief Juflice H^/^j, and the reft of the J u ft ices of that Bench; and
his Lordfliip managed in chief for the Ciits's.
A Trial at Bar It was then believed that Pickering had found Means to infinuate to
tkcreon. ^|^g Chief Juftice, that this was a malicious Profecution, and raifed up
againft him by a pert young Lawyer, of a different Perfuafion and
Tendency from him ; but that he himfelf was innocent. But, how-
ever it happen'd, the Chief Juftice took in violently on the Side of
Pickering, affuredly believing better of him than he deferved. It is
always an hard Caufe upon a Lawyer, when he is to manage againft
the Prejudice of a Court ; for what is to be faid or done, when Pre-
fumptions pafs on the one Side, and the other Side is held to pofitive
Proof, and no lefs than Demonftration ? The Chief Juftice was fo very
hard upon his Lordfhip and his Caufe, that, if there had not been an
uncontroulable Evidence of the Fraud, the Caufe had mifcarried. But
it happen'd that, as his Lordftiip, upon the Bench, was going to diredt
the Jury (as every one expedted) to acquit Pickering, one of the Coun-
fel mention'd another Witnefs they had to prove Pickerings own Con-
fcffion that, when the Will was firft open'd, thofe Words were in.
The Witnefs came in, and fwore it positively. Pf^ell, faid the Chief,
now you JI:all hear what Mr, Pickering will fay to that. He there-
upon, being called, came down into the Court, and ftood diredly op-
pofite to the Witnefs that confronted him. ISfow, what fay you to
this ? faid the Chief. My Lord, faid he, / was not bound to fay, what
the Truth was, to him. There was an Inftance of the Value of Face
to Face. The Anfwer was fo knavifli and filly withal, that the Chief
Juftice let fall his Countenance, and, knocking his Stick, left the Caufe
to the Jury's Cognifance, without a Word of Diredion given them
one Way or other j and they, without going from the Bar, found
Pickering Author of the Rafure fince the Will publiftied. Such cut-
ting Difcoveries Knaves will make of themfelves, when furprifed, and
not allow'dTime to drefs up their Anfwers in the beft Accoutrements;
efpecially before fagacious Men. And none was ever more fo than
that famous Chief Juftice, who, although fubjedt, as moft mortal Men
are,
The Lord
Chief Juftice
HAlesy his
great Learn-
ing, Failings,
ard the Rc-
fpedV to-
ward his
Lordfliip.
LORD KEEPER GUILFORD. 61
arc, to Prejudices, yet, upon a clear Convidion, facrificed his Propo-
fition to Truth.
It was the Lord Keeper NorfFs good Fortune to enter his Pradice in
the Circuits under this Judge, whofe Reputation for his great Ability in
the Law, and rigorous Juftice, will be very long lived in Wefiminjler-
Hall, and the Inns of Court and Chancery ; for there was a Conjundion
of Charaders ; his and the Times con^iring to aggrandize it. After
having improved his Knowledge, as a Student, by reporting from him
when he fat as Judge of the Common Pleas, and as a Pradifer in
the Northern Circuits, it fo happened that, in the unaccountable rol-
ling of Preferments in the Law, it became his Lordfhip's Province
to judge of and, for Caufe apparent, to corred: the Errors of that
great Man. The Truth is, his Lordfliip rook early into a Courfe dia-
metrically oppofite to that approved by Hales : For the Principles of
the former, being demagogical, could not allow much Favour to one
who rofe a Monarchift declared. Then, after the latter, by being
made Chief Juftice of the Common Pleas, together with the other
Judges of that Court, and thofe of the Exchequer, had Jurifdidlion
of Errors in Judgment given by the Court of Kings-Bench, the Se-
paration was wider; and the old Judge, by a certain formal overlook-
ing of him, and refining of Arguments againft all he appeared for,
affeded to ftiew it. And, to fay Truth, that Judge had acquired an
Authority fo tranfcendent, that his Opinions were, by moft Lawvers
and others, thought inconteftable ; and he was habituated in not bear-
ing Contradidion, and had no Value for any Perfon whatever that
did not fubfcribe to him. His Lordftiip knew him perfedly well, and
revered him for his great Learning in the Hiftory, Law and Records
of the Englijh Conftitution. I have heard him fay that, while Hales
was chief Baron of the Exchequer, by Means of his great Learning,
even againft his Inclination, he did the Crown more Juftice, in that
Court, than any others, in his Place, had done with all their good Will
and lefs Knowledge. But his Lordftiip knew alfo his Foible, which
was leaning towards the Popular; yet, when he knew the Law was
for the King (as well he might, being acquainted with all the Records
of the Court, to which Men of the Law are commonly Strangers) he
failed not to judge accordingly. ^
He was an upright Judge, if taken within himfelf; and when he
appeared, as he often did, and really was, partial, his Inclination or
Prejuaice, inienfibly to himfelf, drew his Judgment afide. Hi^ Bias
lay ftrangely for, and againft, Charaders and Denominations ; and
fometimes, the very Habits of Perfons. If one Party was a Courtie/
and well drefted, and the other a Sort of Puritan, with a black Cap \
and plain Cloaths, he infenfibly thought the Juftice of the Cau^ '
with the latter. If the diftenting, or anti-court Party was at the Back
of
I* i
il
H'sMannfr
ot Behaviouc
at Tiials.
m
6i
m •
His excellent
Expreflion
and, feeming,
Courage, that
is, as to the
Court, but
popularly
timid.
Taken out of
the Law, an
empty Pre-
tender, and,
by Severi-
The LIFE of the late
of aCaufe, he was very fcldom impartial; and the Loyah'As had al-
ways a great Difad vantage before him. And he ever fat hard upon
his Lordlhip, in his Pradice, in Caufes of that Nature, as may be
obferved in the Cafes of Cuts and Pickering, juft before, and of Soams
and BerHardijlon elfevvhere, related. It is faid he was once caught.
A Courtier, who had a Caufe to be tried before him, got one to go
to him, as from the King, to fpeak for Favour to his Adverfary, and
fo carried his Point ; for the Chief Juftice could not think any Perfon
to be in the right, that came fo unduly recommended.
He became the Cufliion exceeding well : His Manner of hearing
patient, his Diredions pertinent, and his Difcourfes copious and, al-
though he hefitated often, fluent. His Stop, for a Word, by the Pro-
duce, always paid for the Delay ; and, on fome Occafions, he would
utter Sentences heroic. One of the Bankers, a Courtier, by Name Sir
Robert Finer, when he was Lord Mayor of London, delayed making a
Return to a Mandamus, and the Profecutor moved for an Attachment
againfl him. The Recorder Hoi£?^/ appeared ; and, to avert the Rule
for an Attachment, alledged the Greatnefs of his Magillracy -, and the
Diforder that might happen in the City, if the Mayor were im-
prifoned. The Chief Juftice put his Thumbs in his Girdle, as his
Way was, and, Tell me of the Mayor of London, faid he ? Tell me
af the Mayor of Queenborough : But flill this was againft the Court.
He put on the Shew of much Valour, as if the Danger feem'd to lie
on that Side, from whence either Lofs of his Place (of which he really
made no great Account) or fome more violent, or, as they pretended,
arbitrary Inflidion might fall upon him. Whereas, in Truth, that
Side was fafe, which he muft needs know, and that all real Danger,
to a Judge, was from the impetuous Fury of a Rabble, who have as
little Senfe and Difcretion as Juftice ; and from the Houfe of Com-
mons, who feldom want their Wills, and, for the moft Part, with the
Power of the Crown, obtain them. Againft thefe Powers he was very
fearful; and one bred, as he was, in the rebellious Times, when the
Government, at beft, was but Rout and Riot, either of Rabble Com-
mittees, or Soldiers, may be allow'd to have an Idea of their Tyranny,
and confequently ftand in Fear of fuch brutifti Violence and Injuftice
as they committed. But it is pleafant to confider that this Man's not
fearing the Court was accounted Valour ; that is by the Populace,
who never accounted his Fear of themfelves to have been a mere
Timidity.
Whatever his Courage or Fear was, it is moft certain his Vanity was
exceflive; which grew out ofafelf Converfation, and bein^ little abroad.
But when he was off from the Seat of Juftice, and at Home, his Con-
verfation was with none but Flatterers. He was allowed on all Hands
to
Ircn,
LORD KEEPER GUILFORD. P"tProfe, part Verfe; and the latter
hobbled fo near the Style of the other, as to be diftinguiftied chiefly .
by teing worfe. But his Matter, and Language not in Rhyme, wa^
pious and good. He took a Fancy to be Wkt Pomponius Jttict's or
one that kept above Water in all Times, and well efteemed by' all
Parties. He publ.ftied a fhort Account of that noble Roman's Life
and at the Entrance, a Tranflation of the fame in Cornelius Nepos; but
fo ill done as would have brought the Rod over the Back of a School-
Boy. An hard Cenfure without Proof: Therefore take the following
Inftances i.-Et elatus eft in LeBicula ; which means that (after hf
was dead) he was carried out upon a Bier. The Word Eferre is oe
culiarly proper in that Place. But he rendered it-/.. Jas lifted uP
tnhsBed Then ^.-Et ftc Globus iJieConfenftonis, DifTen/ione in"us
Ho,mn,s, drsjeBus eft. That is Andfo that confederated Party las
broke by one Mans leaving them. But he,-^W> that Ball of Con-
tentton by the Di£ent of one Man, was let fall. So miferably will the
iearnedeft Men err that prefume out of their Sphere, and fail in that
great Point of W.fdom, the knowing ones felf. This "reat Man was
moft unfortunate in his Family, for^he ma/ri{d his owifServant Mdd
and then for Excufe faid there was no Wifdom below the Girdle. AI
his Sons died m the S.nk of Lewdnefs and Debauchery; and if he was
to blame m their Education , it was by too much of Rigour rather ,
than of Liberty; which Rigour) Montagne fays feldom fails of that '
Confcquence. Although he was very grave in his own Perfon, he loved
the
%
;^l
■f
1
'■»',. I
Motes of him.
64 The LIFE of the late
the mod bizarr and irregular Wits, in the Pradice of the Law before
him, moft extravagantly. And, bel'-^es, he was the moft flatterable
Creature that ever was known ; for there was a Method of Refigna-
tion to him, and treating him with little Meals, and private, with
his Pipe, at Eafe, which certainly captivated him. So Sir George
Jeffries gained as great an Afcendant, in Practice, over him as ever
Counfel had over a Judge. In (hort, to give every one his Due, there
was in him the moft of Learning and Wifdom, joined with Ignorance
and Folly, that ever was known to coincide in the Charader of any
one Man in the World.
Hisjufticewas His Lordfhip, of whom I write, by his Extent of Bar Pradice, while
moft in fmall, j^g ^^^^ \^ ^h^ Front, on the one Side or the other, in moft, or, rather,
"tll'tgrea; every great Caufe that moved in JVejtminfter Hall, had a full View
Things. His of this great Man; and very often obferving him a Slave to Prejudice,
AuTo'rfr' a Subtilifer, and Inventor of unheard of Diftindions, and exercifing Cri-
caufed' hu ticifms to get the better of known Maxims of the Law, and thereby
LordOiip's^ ^Q tranfmit great Eftates and Interefts from fome Perfons and Families
to others, and knowing well thefe Infirmities of his, was not moved
at all at what he did. And this over-ruling Temper of his did not io
much take Place in fmall Concerns, and in thofe between common
Men; for there his Juftice ftiined moft, and armed him with Re-
putation that fuftained his Authority to do as he pleafed in greater.
Whereby it feems that if he never had dealt in other but great
Caufes, to hear and determine them, he might have been accounted
the worft Judge that ever fat. But although his Lordftiip was not
furprifed at this Behaviour of the Chief Juftice, yet he was very
much concerned to fee the Generality, both Gentle and Simple,
Lawyers and Laymen, idolife him as if there had never been fuch
a Miracle of Juftice fince Adam, His Voice was Oracular, and his
Perfon little lels than adored. And his Lordfliip knew alfo that this
Fafcination proceeded from Fadion, and had, at the Root, more of
Confederacy than Judgment ; for becaufe the Chief Juftice was, in
Principle, averfe to Monarchy and the Court, they all, with one
Voice, exalted him, in order to have him, lead the Law, and all the
Lawyers, that Way; and left no Room for juft Thoughts of him,
which attributed enough of Honour and Commendation, but all that
he faid was right, and whoever faid to the contrary was wrong.
In oppofition to this impetuous, or, rather. Rage of. Reputation
(under which his Lordflup himfelf was a Sufferer, as may be {tzw
clfewhere) his Lordftiip thought fit to note down the fcveral Inftances in
his own Obfervation of this'judge's Fondnefs and Partiality; which he
intended to have explained at large, when he was at Lcilure, and fhould
have had a Difpofition fo to do. Thefe Notes are come to my Hand,
and^
I-
11
LORD KEEPER GUILFORD.
^5
Hyde verjiis Erjicrton, Marriage"
aftededly tried to prejudice an o-
dious Caufe again ft Right.
and, being willing to declare the Scope of them as well as I can I
will pafs them one by one as follows. '
No/worthy verfus Bajjet, Trials direded \ It is ufual in dark Mat- ^o^^'-^^'-^ -^^-
with all Art andCare, yet (lighted. j tcrsof Fad, to refer them^'" \fl: J"^
to Trials at Common Law, and a Verdid upon one Trial, is always w^^n'not for
allowed to be given in for good Evidence upon any other Trial of^'^'^"'"-
the flmie Fad. Nofivortby had married a Daughter of Serieant
Maynard, who urged very hard againft Sir William Bafjet aii old
Cavalier, or Loyalift. There lay the Charaderiftic. Care was taken
to fettle the IfTues for two Trials fucceffive, and with all the Art that
might be, to give Nofwortby the Advantage. If either of them had
taken accordingly on his Side, there was no Doubt but the Autho-
rity of them had been great in the Confequencc of future Proceed-
jngs : But it happened that both went for Baffet. Notwithftardin^
that, another Trial was direded to be at the Bar, before Hales him-
felf; and, when the Authority of two Verdids was alled'^ed he flicrht-
ed, and had no Regard to them. o v o
The Principal depended in the Strove to rre.
Court of the Arches in a Trial "'^'"^" *^^-
, . T.-C ru r . . of Marriage. And the (^^ftJonST^'by a
•was whether the Son of the Lord Treafurer DaJiby, or Mr. £^^r/^,, Temporal
a fort of Diflenter, was married to Mvs.H\de. The Caufe was whol''^''''
Jyecciefiaftical; and, from the Arches, muft (upon Appeal) goto
the Delegates, and could by no Poftibilitv be drawn, from that Tu
rifdidion, to the Common Law: And all Titles whatever, under that '
Marriage, muft (even at Common Law) ftand and fall by the Sentence
m the Ecclefiaftical Court. Emerton was advifed to bring an Ejcdment
for the Lady's Land, and toget that Caufe tried at the Bar before i7^7/^/
It was alledged, in Delay of the Trial, that the Right of the Mar*
riage depended in the Arches, and, till Sentence, the Right could not
appear at Law; for that Court was decifive. The Matter of Dtla-^s
in the Arches was ftood upon as a Reafon to. proceed, and however
anfwered upon the Necefllty by their Courfe and Rules it pafted • and
the Trial vvent on. And it was managed by Hales with frequent
exclamations at the Clearnefs of Emerton' % Title, and Proof of the
Marriage. The Pinch was that, by the Matrimonial Law Fathers
and Mothers are not WitnelTes to Matches for Preferment' of Cliil-
dren ; but the Common Law allowed them : And, in that lay the
Clearnefs. But it was thought that fuch a Trial, carried with the O
pinion of fo popular a Judge, would awe the Ecclefiaftical Court and
10 be of Service towards the fuftaining a Caufe grounded upon a' very
odious Pradice oiEmerton to gain that Lady. The Charaderiftic of this
Cuufe was evident enough ; and fo it was in the Cafe oiSoams and Ber^
* nardiftcn \
p 1
!::•
i
ft;
\
m
i
• ;
'.;v
■I'i
h}
'I, ,
il 1
Cafe of Mr/.
tlenhall, lldi^ti
with the Po-
66 The LIFE of the late
nnrdifton; fee the Kxamen. \\\ that, Jlalcs faid he would not try the
Caul'e before the lloure of Commons haci decided t!]e Right; but
there tlie Realon lay counter, as was tliewcd in tiiat Book.
Cafe ol Mildenhall Encount : A»rt 1 I cannot well make out this
of Parliament; otherwile in the > Comparifon ; but only rcmem-
puiace 3<'-inft ^^^^ of the LondoTt Judicatory. ^ bcr that the Mildcnhall Cale
the Lord. was upon thc Title of Sir Henry NortL\ Lord o{ the Manor, and a
Cavalier, againfl the Populace of the Town, touching a Ri^^ht to an
Allotment upon the Divifion of the common Fens. The Townfmeii
diftinguiOied it from Common, by calling it their fola & feparalis
Pajlura. It was tried before HaUi in the Exchequer : And, in that
Cafe, he did not allow the Sentence of the Commiflioners to be con-
clufive ; but, upon the London Commiflion of fettling Rights after
the Fire, he ruled it was {o^ though both ftood on equal Height, 'viz,
the Adt of Parliament. That, as 1 take it, is the Inconfiftency here
noted. But, to do him Right, though he leaned as much as he could
to end the Caufe with Advantage on the popular Side, he never would
lay that fuch a Cuflom to exclude the Lord, who had no Proiit
otherwife, was good in Law; but rather the contrary. But, here, the
Lord of the Manor had no Benefit of his Opinion ; but, for Fear
of worfe, was conftrained to go off upon a Reference ; for the ill
Confequence, by offending if he refufed, made the Compliance ne-
celfary.
Ac Etiams^ in the Common Pleas^
condemned, when ufed in the King's-
Einch, and the Cafe but altered,
and Common PleaSy ftriving for furifdidlion, or, rather, encreafe of Bufi-
ncfs ; which will be found more largely treated of elfewhere. The Court
^[Common Pleas had been outwitted hy iht King s- Bench ^ till his Lord-
iliip came upon the Cufhion ; and that by an Artifice in Procefs called
Ac Etiams. His Lordfhip ufed the fame Artifice in the Procefs of his
Court, where it was as good Law as above. But Hales exclaimed
againfl it, and call'd it altering the Procefs of Law ; which very fame
Thing his own Court had done, and continued to do every Day.
That Juries cannot be fined for ) This was popular, and thc
flighting Evidence, and Directions,
contrary to Reafon, and the whole
Courfe of Precedents.
Court may abufe a Truft in an undue Punifhment of Jurymen, as in
any other Adt of Juftice; and, on the other Side, Juries may abufe
their Truft ; as, foon after, was done with a Vengeance, in the fcan-
dalous Inftances of Ignoramus Juries. The Precedents run all for the
Trufl
Law in B-. R.
bur not lu
C, B.
The Secret of this Matter de-
pends on the Hiftory of the
two Courts, the Kings- Bcnch^
j\gair.ft fining
of Juries, a-
gainft ail Pre-
cedents.
Law ftands fo fettled. The
Matter is Truft; whether the
Court or the Jury. The
5
t
\
LORD KEEPER GUILFORD. 67
Truft on the Side of the Court: What Reafon to change it (which
was changing the Law) but Popularity ? ""
Fojter verjus Ramfay, againft Lord -^ This Matter is' fomewhat
upon a metaphyfical Notion, > dark to me ; but if the Cafe ^
hard to the Party that loft it. 5 be any where reported, it
may be cleared. I think the Caufe went againft the Duke of Lau^
derdale, his Majefty^s moft loyal and wife Commiffioner of Scotland',
where, upon a Point of Defcent, the Lord Chief Baron Hales diftin-
guiOi'd away a Right by Defcent, which had been fettled by exprefs
Judgment of Law, by the Invention of a Medium differens, a CVj/-
viera to ferve a Turn, without Reafon or Authority to warrant it
and never heard of in the Law before. *
The Cafe of the Lord Fitzwalter 7 This was a Trial for a feve- Aff.ctcd fp-
fro Burnam verjus Touts, J ral Fiftiing of the River Bur- P"^^''^ «^ *"
^^.// in EJex which had been taken to have been a common Filliing: Lrllwhcr
liut It was the Title of the Lord Fitzwalter, whofe Name was Mild- Siue LcaKi.
?nay, a Charadleriftic in EJex, The Counfel for that Lord made a
long Deduction of Evidence by Offices poji Mortem, Charterc Pedi-
grees and diverfe Matters of Record. When they had done, the Lord
Chief Juftice Hales, who carefully went along with them from Point
to Point of the Evidence, inftead of calling on the other Side to give
an Anfwer fell to eulogifing the Evidence given, calling it over and
over, a noble Evidence, This his Lordfliip thought not the Office of
a Judge, to commend an Evidence before the other Party was heard
It gave a Prejudice with the Jury: And what Matter was it to the
Right, whether the Evidence were noble or not? The Countrymen
on the other Side, by an ignoble Prefcription, might have a better
1 itle.
Cafe of Sir William Drake, Prefump-
tions, very ftrong Evidence prevailed,
till Deed found, then Deed prevailed :
Earl o^ Peterborough had not that good
Fortune. .
I have no Report, and can- Prefamptions
not account for Drake's ^orSw miiiam
Cnfe» P.,«. - !- Dr^tf, but not
Cale But remember a f^, p,W^-,.
Trial at the King's-Bench rou-h.
Bar, between the Lord Pe-
Uthorough, and his Brother the Lord Mordaunt, before the Lord Chief
Juftice Hala Tiie Earl's Title depended on a Deed, of which only
a Copy could be produced ; but it was very ftrongly to be prefumed
to be a true Copy; for it had been deliver'd out to be perufed by Coun-
he thought fit to flight them all, and made no more Words about it.
Elfe, their Opinions had been quoted in Court, or, at leaft, put un-
der a Prejudice againft a Writ of Error fliould come ; of which, Hales
had a prophetick Forefight..
Alkms\
LORD KEEPER GUILFORD.
AtlcMs Cafe, whether a Privilege . This was the Cafe of the Law
the Kmg had enjoy'd for a hundred / Patent, bv which the King's
Years, were a Monopoly. Re- > Patentees claim'd the foleprint-
vcrfed by Parliament, and Liberty \^ ing of Law Books. This^was
of arguing denied. J by Hales, adjudged a Mono^
poly. But, upon a Writ of Error brought in Parliament, the Lords
reverfed the Judgment, without folemn Argument. I remember about
that Time, it was commonly faid in We/iminJter-Hall, that the bcft
Reafon the Judges had to make that Patent a Monopoly, was that
they might have the Benefit of printing their own Reports
Scroggs^ Cafe of Serjeants 9 Sir William Scroggs, when he was a
m Common-Pleas, 5 pradifing Serjeant, was arrefted bv a
Kings^BenchWocds', and he pleaded his Privilege as a Serjeant at
Law, attendant on the Com?}ion Pleas, to be fued only in that Court
and by Bill, and not Capias, as Officers of the Court are proceeded
againft But Hales difallowed it ; and it was thought very injurious
to the Coif, and againft all Authority of Precedent and Ufaae
Succefs of Applications, 7 This was touched before; and was when
on the contrary Party, j a Courtier carried his Caufe by getting
one, as from the King, to fpeak to Hales as for his Adverfarv.
T S^'%7^ ;^^^'^ ^°"^ ^''^^ ^^^'^ ""^^y ^'^^^ Lawyer, the Lord Chief
Juftice i^^/.'x And I muft not part without fubjoining my folemn
1 roteftation, that nothing is here fet down for any invidious Purpofes
but merely for the Sake of Truth; firft, in general, for all Truth is
profitable; and, fecondly, in particular, for Juftice to the Charadler I
write of, againft whom never any Thing was urged fo peremptorily
as the Authority of //^A'j; as if one muft of Neceffity be in the
Wrong, becaufe another was prefumed to be in the Ri'
70 71je LIFE of thf late
neral Error of the Coiiiinunity, learned and unlearned, when a Man
is truly great in Ibme Capacities, by the Meafure of them to magnify
him in all others, wherein he may be a flnallovv Pretender. But it is
the Otiice of a juft Writer of tlie Charaders of Men, to give every
one his Due, and no more.
AnEftatere- I fhould earlier have mentioned a great Piece of Service his Lord-
yX'jCol- ^ ^^P ^^^ ^^ ^^^ College, that of St. Johiis^ in Cambridge j whereby
leeeinCrtA/;- they wcrc enabled to recover a coniiderable Eftate, which they had
i'rUgi. laboured in i^s^^a Years Suit for, and had been always baffled. It hap-
pened that when the Fellows were about to give up the Caufe, and to
look no more after it, it came into one of their Heads to propofe they
Ihould make one Experiment more, which w^as to confult their little
Fellow Commoner (as they ufed to call him) who, after a Circuit or two,
and other Deahngs in the Country, was reputed the hopefulleft young
Lawyer in England. This was agreed to, and they went to him.
The Hiftory of the Caufe was this. There was a grave old Gentle-
man that had a Title to an Eftate ; but it was of that Nature, as could
only be recovered by a Writ of Right : And accordingly, by Advice
of Counfel, his Writ was fued out, and the Summons given. The
Defendant appear'd, and pleaded to Iflue by Battle (which Law was
then, and is yet, in Force, though obfoleted) the Confequence of
which was, that the Plaintiff muft either fight, or find a Champion
to fight for him, or elfe, his Caufe would be adjudged againft him
for his Default, and he be barred for ever. The good Man was of
Opinion, that it was utterly againft the Law of God to join, or to
hire any one to join, in mortal Battle for worldly Interefts j and fo he
let his Writ go. But, in his laft Will (taking himfelf to have a Right
ftill) he gave the Land to St. Johns College for ever. And he de-
clared his Gift to them to be, in Truft and Confidence that they would
ufe all their Interefts and Endeavours to obtain of the Parliament a
Repeal of that ungodly Trial by Battle. After this Will proved and
kiiown, the College went to Counfel, and proved diverfe Ways at
I>aw to come at this Eftate ; but all in vain, as was faid before.
When they attended his Lordftiip, with their Compliments of the
great Affurance of his Skill and Integrity in advifing them, having
been educated in their College, he told them plainly, they had not
taken one right Step ; for, as they had proceeded, the Law was every
Way againft them. But if they caufed an Information, or Bill in
Chancery^ in the Name of Mr Attorney General, to be preferred, as
for having the Benefit of a pious and charitable U^c (in all which, the
Crown is interefted, and may, by the Attorney, in that Manner, call
fqr a due Application of it) the Court, by Virtue of an original Ju-
rifdiic>n of Charities, will decree itj and no Battle, nor other impe-
dimenta!
LORD KEEPER GUILFORD.
7t
dimental Forms of Law fliall ftand againft that Equity. They took
he Courfe he d.reded, and obtain'd a Decree for the Eftate, which
they hold at this Day; and have own'd his LordOiip's good Advice
to them as the greater Benefaftion of the two. This Counfel. now
would feem no great Reach ; becaufe that Courfe is become more fre-
quent : But, before that Ti.,:e, it was a Learning that lay out of the
common Road, and had been very rarely praftifed ; and, I prefume, it
might be gathered by his Lord (hip, in his Dealing under Sir Jcofrj
iT^\ ^°' *"^ " ''"'^ '^'''^^y '" tlie Books tending to it -^ ^
ftiin^^nS'r" r"l?'l°^ "'"'" P'"''^"^" C^'«' ^J^--"" ^'^' Lord- A good Con.
fliip lignalifed himfelf, but proceed to another Head ; and that is Con "j""^"-
Z'T'",^V i""^' """u '^^"""'^^' ^^y '^'' ^' ^'' "° '^'■^ expert. It
that Sort of Praftice than any one of his Time, although prSeffing
no other. And he difpatched a great deal, efpecially of the moft i„!
ricate Kind ; that is. Settlements in noble Families, who entire^ r".
hed upon him. And in thcfe, are commonly found fo many Enfail!
Trufts, Terms Powers. Jointures, Rents, &c. that it is very diS
to clear the Way to come at a new Settlement; and then to comSe
It fo as to anfwer all the Ends, and Exigences of the Families S5
always require a Workman. But, befide! his Knowledge of the Jw
^"" Wf Ir'"^' ^' ^'^' ^^ ^ '""'* '"^'^y^ remember? the Benefit of
oTr?irsrft";:n\^r^ '-- ''' >^^^ ^^^--^ - - j-
cat^;^^^^^^^^^
apt and intelligible, and withal a natural Clearnefs of Difpofition and
Method ; all which, as I faid, rendered him a Conveyancer inferL to
none At the Beginning of his Bufinefs he had no^Ckrk and nS
only drew but engroffed Inftruments himfelf, and, when he was 1^
hill Pradice, he icrupled not to write any Th ne himfelf A tT^ •
NorfolA told me he made up fome AgrJements'for he': aitl at'th^
Sealing, a Bond was wanted, and there was no Attorney, Cle k at
hand to draw it. lo they were at a Stand: And then he took the Pen
and fold / t/ji„i ,t W// „,t »
V^'><
r'i I
I
f ^ J
m
,n,m
IP '
71 The LIVE, of the late
and, after he had direcftcd, took the Finidiing to himfelf. By this
Way of committing Clients to certain Pradtifers, on whom he could
rely for the working Part, he helped them into Credit and Bufinefs;
and particularly one Mr, Thomas Syderfm (an Author of Reports) was
introduced, and, under his Lordlliip, and in very important Concerns,
in fome Families, relied on.
CKaraaer of This Mr. Sydcrfn was a Corner fetjlAre Gentleman, and proved a very
A ftraliee Mif- go^^ Lawyer, as the Book, two Volumes in Folio oi Reports of his, fliews.
fortune of his But he was not a better Lawyer than a kind and good natur'd Friend;
Widow. having very good Qualities under a Ruftic Behaviour and more un-
couth Phyfiognomy. He ufed at the Temple to be defcribed by his
Hatchet Face, and Shoulder of Mutton Hand, and he walked fplay,
ilooping and noddling. His Lordfhip ufed his Converfation chiefly
for his Afllftance in Matters of Law, wherein he was of great Ule
and Service to him. For when his Multiplicity of adive Bufinefs
would not allow him to confult in Cafes that he wiflied well to as
well for Friendfhip and Relation as for Fees, he ufually fubflituted
Mr. Syderfm to confult the Books for him, as he himfelf had done be-
fore for Sir Jeofry Palmer. And this leading the Perfons concerned to
attend him by Mr. Attorney's Diredion, they, finding him induftrious,
careful, and learned, continued to ufe him as their immediate Coun-
fel in other fmaller Concerns, wherein Mr. Attorney was not con-
cerned; which brought him into very confiderable Bufinefs, as well
in conveyancing as at the Bar. For his Probity, and exad Juftice to
his Clients, was a great Recommendation of him; for he had no Ten-
ters to hang their Dependences upon, to make them drop Fat, as fomc
have had and done. But he died before his Friend Mr. Attorney was
made the Chief of the Common Pleas; elfe, it is probable he might,
by his Means, have been taken into the Wheel of Preferment. The
only Thing which I ever heard him blamed for, was the marrying a
Lady, that was his Ward, before her Minority was expired ; which,
by the World's Allowance, makes her entirely capable to difpofe of
herfelf And it feems an ill Ufe made of a Truft, and the Authority
of a Guardian, to take Advantage of a Minor's being a great Fortune
much above him, and anticipate her free Choice, by influencing her
to marry him. But the Lady had no Caufe to repent ; for he was
fo good a Man, as could not but make her happy ; and that proba-
bly, young as (he was, (lie was fatisfied of, by Experience of his ge-
neral Behaviour towards her and others; which might make her de-
termine fo early. For (he had a very good Underflanding, and had
Occafion to ferve herfelf of all her thinking and Judgment under
an immenfe Misfortune that befel her when flie was a Widow. For,
being a great Fortune, one Sarsfield ran away with her, and carried
her
73
LORD KEEPER GUILFORD
her over into France where, by the greateft Accident, the Abufc was
d.fcovered. and the Raptor feifed, fhe protedled, and both fent hon e
and the former upon her moft ingenious Relation of the Faft fuom
H.S Lordfh.p, having taken that advanced Port, and defieni,,. to Air,.,, , „,
benefit a Relat.on * who was a Student in the Law, and kept him Com- '--
pany, caufed h.s Qerk to put into liis H,nds all 4 DruuZ
luch as he himfelf had correded, and after which Conveyances h^'d been
engrofled.that byaPerufd ofthem. he might get fome^ig til ^
formal Skill of Conveyancing. And that young GentlemL inftant !
wen to work, and firft numbered the Draughts, and then made n S ^
of all theClaufes, referring to that Number and Folio: So that, in is
Ana Perufal and D.gefl.on of the various Matters, he acquired, not only
a forma Style but. alfo apt Precedents, and a competent Notion of 2
ftruments of aH kinds. And to this great Condefcenfion was owin. that
■ttle Progrefs he made, which afterwards ferved to prepare fomrMatter
lor his Lordfliip s own Perufal and Settlement matters
^l ?'^°"J '!!".'' u ^°'^^'P' by a Cart of his Skill in this kind pre-
JUS lalt Will. 1-or the good Lord had the general Notions of the Law '•>"'= «""'-
as many others have.^who neyerthelefs. coming to the Execution or'""""^'"^
trnf"l\ r 't'' """^ ^b^minably. And it is%ery ftrange. but ve°y
Prof fl- ^ ft'. T'"r ('' '^' L^^y^^^ «''^ tbofe netted to the
Profeflion) ftudies the Law never fo hard, and purfues in a Courfeof
reading and commonplacing with all imaginable Perfeverance vet he
Biefs S , ?°"' ZTT '° J^-^S^ °f' °' "P^ble to direft in
liufinef . So this good Nobleman, intending to give his Lady all his
perfona Eftate. free from Debts and Legacief. and to charge thofe up-
on his Land and (fubjeft, &c.J to fettle it ftridly upon Ws Famny
had contrived thus. He made his Wife his Executrix, and SS
Debts and Legacies upon the Land, and limited it efpecially on his
Sons and their Iffue male fuccelT.vely, without Truftees to^uppor
Pr H ^'^^" '5'^ ^1^ done, he bethought himfelf that, howev'^f n
Prudence It did not become him to truft his nimble young Lawyer o
for himfe^ nn ""^ ^" ^ '^'"^ '" Opportunity to fteal f„ fS wh '
for himfelf unawares to him, yet, after the Will was made, he ought
Tnt fl r " a""" K^'V ' ^^"^y" ^' be was. And thereupon^he
fent for h.m. and with a Speech, let him know that however ffor
Reafons that fatisfied himfelf ) he was not confulted in the makin. hi"
one Tittle, or Syl able in it; for he had confidered it fo well that he
fliould not need, if he were difpofed to trufl, his Advice. His Lord!
K fliip
* His youngcft Brother R»ffr, the Honourable Author of ihUWork.
>,
*., ■
A'
I: .1
I t
!■!
lii
74
Hi* Behaviour
while Solici-
tor General.
Read pub-
lickly upon
Finer, &c.
the LIFE of the late
iliip peruleJ it over, and his Father afl-cd him how he hked it. He
anfwered with a Queflion, Whether he intended that Lady North
fliould have any Thing of his perfonal Eftate, or nothing. / ijitend
l)er all, and have, faid he, given it her by making her Jble Executrix.
That was his Skill. But the Lawyer told him that ivould not do,
but only in Cafes ivhere no Debts ivcre : And charging his Land did
not cafe his perfonal Eflate, unlefs it ivere made an exprcfs Legacy,
with a Declaration to exempt it. For the Heir had an Equity to turn
all Debts upon the perfonal Eft ate in Eafe of the Land-, and the latter
Jlmild not be charged till the other was exhaufted. This was News
to the Lord, and made him ftart. Then the Lawyer afked farther,
if it was his Intent that any of his Sons might fell his Eflate, and
fruflrate their own Children, and the reft of his Remainders. No,
fliid he, I intend none of them fiall fell. But here they may, {-M th^
Lawyer, for the Remainders to Sons, bejore any born, are contingent-,
and a Feoffment, or Fine of the Tenant for Life, deftroys the Con-
tingencies, and his Eftate becomes a Feefmple. Thefe Difcoveries made
fuch an Imprefiion upon the Spirits of the old Lord, that he faid,
Son, youjee ?ny Intent, go and make it as it JJ:ould be. Which w;is
done, and, as Things fell out in that Family, that x^dlion of his Lord-
fhip's was a Prefervation of the Eftate, and prevented the good old
Lady from being left deftitute ; who, otherwife, had been left with-
out a Bed to lie on, but what ftie muft have purchafed by anticipa-
ting her Jointure. So it is when Men will purfue in Profeffions they
were not educated in.
We have now, froin a plain King's Counfel, got a Solicitor Ge-
neral, who, in fome Refpedts, is co-ordinate with the Attorney, that
is in drawing up and pafling Royal Grants, which are to go to the
great Seal. As to Patents of Plonour, indeed, thofe are, as I take it,
claimed by the Attorney, to pafs only by him; but, elfe, the Signet
Warrant may go to the Solicitor as well as the Attorney, as the
Suitor will pleafe to inftance or prevail at the Secretary's Office. His
Lordfliip did not like this competitory Bufinefs, but fecured his Share
as well as he could, not only by confidering well his Duty, and the
Truft of that Employment, and what Cares belonged to it, but by
ufing Mv.Johnfm to be his Clerk of the Patents, who had done all
like BLifinefs under Six J eofry Palmer : And his Reputation and In-
tereft brought many Patents to the Solicitor, which, otherwife, had
not come; for he was reputed to have a Magazine of the beft Prece-
dents.
During his Solicitorfhip, his LordHiip kept his Publick Reading
in the Temple Hall, in the Autumnal Vacation, in the Year .
He took for his Subjedt the Statute of Fines and, under that, found
Means
4
i
LORD KEEPER GUILFORD.
"J
Means to exhauft all his Learning upon that Branch of the Law
which concerned Titles, and the transferring them: And the Arouers
againft him did their Parts alfo, who were the beft Lawyers of the
Society in that Time. As for the Feafting Part, it was fumptuoii.
and, in three or four Days Time, coft One Thoufand Pounds at leaft'
The Grandees of the Court dined there, and of the Qualitv (as thev
call It) enough; for his diffufed Relation, general Acquaintance and
Station, as well as Profped of his advancing in the King's Service
made a great Rendcfvous of all the better Sort, then in Town at liis
Feafts. '
He lent out the OfHcers with white Staves (for fo the Way was) M.^ncr of
and a long Lift to invite; but he went himfelf to wait upon the ^^^ ^'^•''^^-
ArchbiQiop of Ca?iterbury, Sheldon; for fo alfo the Ceremony rcqui- '''"''''"'•
red. The Archbiftiop received him very honourably, and would not
part with him at the Stairs Head, as ufually had been done; but
telling him he was no ordinary Reader, went down, and did not part
till he faw him pafs at his outward Gate. I cannot much commend
the Extravagance of the Feafting ufed at thefe Readings; and that of
his Lordftiip's was fo terrible an Example, that I think none hath
ventured fince to read publickly ; but the Exercife is turned into a Re-
venue and a Compofition is paid into the Treafury of the Society
Therefore one may fay, as was faid ofCleomenes, that, in this Refpci'
his Lordfhip was ultimus Heroum, The laft of the Heroes. And the
Profufion of the beft Provifions, and Wine, was to the worft of Pur-
pofes. Debauchery, Diforder, Tumult, and Wafte. I will give but
one Inftance; Upon the grand Day, as it was called, a Banquet was
provided to be fet upon the Table, compofed of Pyramids, and fmd-
Jer Services in Form. The firft Pyramid was at leaft four Foot high
with Stages one above another. The conveying this up to the Table'
c'^^^'.r^^'''^^' ^^^^ ^""^'^ ^^ ^"^^ P^^'Pofe to overturn it, was no
fmall V\ork: But, with the Friendly Affiftance of the Gentlemen it
was fet whole upon the Table. But, after it was looked upon a little
all went. Hand over Head, among the Rout in the Hall, and for
the more Part, was trod under Foot. The Entertainment, the Nobi-
hty had out of this,^ was. after they had tofs'd away the Difhes,
a \ lew of the Croud in Confufion, wallowing one over another, and
contending for a dirty Share of it.
It may be faid this was for want' of Order; but, in Truth, it was rh.R , r
for want of a regu ar and difciplined Guard of Soldiers; for nothing Re^d'st!'
iefs would keep Order there. I do not think it was a juft Regulation "^^^"•
when, for the Abufe, they took away fuch a profitable Exercife. But*
in England, it is a common Way of reforming, even in State Mat-
ters, inftead of amending, or paring away, what is amifs, to kick
^ 2 down
I
t
1
■*.t
i. !
1-1
,« t
;, I '.
1^ r
m
WA
»■
II ■
li'i
7<^
of his Lord-
flip's Mar-
riage.
Tie LIFE of the late
down whole Conflitutions, all at once, however, in theinfelves, ex-
cellent. Could not the whole Propofition of Feafting have been laid
afide, and nothing but ordinary Commons allow'd? But, as to the
Jixcrcife, now it is gone, we can fee the Want of it; and never more
Want than now, when Statutes of broad Influence upon the People's
Concerns, are fo frequently fent out from the Parliament. It was the
Defign of thefe Readers to explain to the Students the Conftrudions
that were to be made upon new Statutes, for clearing a W^ay that
Counfel might advife fiifely upon them. And the Method of their
reading, was to raife all imaginable Scruples upon the Defign, Pen-
ning, and Senfe of fuch new Adts as they chofe out to read upon,
and then to give a careful Refolution of them ; as we may fee done in
thofe Readings that are in Print. But now there is fcarce a Lawyer fo
hardy to advife a Client to try a Point upon a new Statute, whereof
the Event is at the Peril of Cofts, and fometimes Ruin of a poor Man
that pays for the Experiment ; for how can the Counfel forefee the
Judge's Sentiments? and how contrariant to his Advice they may
prove ? As, for Inftance, upon the Law of Diftrefs and Sale for Rent,
fome have faid it is to devefl Property, and, fo far, in Nature of a
penal Law, and ought to be conflrued ftridly. Others have faid it is
a remedial Law, and ought to be enlarged by Conflrudlion. And who
doth not know the wide Difference in the Confequences of Law, in
fome Points, upon thefe various Grounds of Conflrudtions ? Now, if
a previous Reading had been had upon this Statute, faving better Judg-
ments, it had been declared a remedial Law, and to be conflrued in
Favour of Remedy. And, probably, a fingle Judge, at the Aflifes,
would not have oppofed his Sentiment againfl the learned Determina-
tion of a Reader, fo folemnly and publickly held forth (as, at thefe
Exercifes, in the Inns of Court is done) which Counfel at the Bar, in
nice Queflions at Law, are allow'd to appeal to for Authority. But,
as the Cafe is now, till fome hardy Client hath pudi'd his Point, upon
fome new provifionary Law, to a Trial, and obtain'd a Refolution on
his Side ; or elfe, to his immenfe Cofls (which properly converts it to
a penal Law) finds that he is in the Wrong, Counfel care not to ad-
vife a Law Suit, or give a clear or pofitive Opinion in any quefliona-
ble Matter, arifing upon fuch a new Law.
It may be wonder'd at, that, as his Lordfhip was fo great a Lover of
Regularity, we hear nothing all this while of his matching himfelf.
To that I anfwer, that no Perfon could be more difpofed that Way
than he was -, and it was about this Time that he made his firft EfTays
towards it ; and, for that Reafon, I think this a proper Place to bring
forward an Account of them, as I intend to do of all his Lordfhip's
Concerns and Reficdions, as well of thofe in which himfelf alone was
interelled
77
LORD KEEPER GUILFORD.
interefted, as others which might afFedt and influence the Publick ;
fuch as Matching, Refidences, Fortunes, Entertainments, Reflections',
Doubts, Melancholies, Confidences, with his Arts of governing him-
felf and his PafTions. And although I may by this Means introduce
many PafTages, which, to fome, may feem of lower Importance thaa
what are proper to have Place in a Life of fo great Confequence yet
I am almofl of Opinion, that mofl Perfons will look into fuch a Cata-
logue as readily as any other in the whole Undertaking. If the Hiflory
of a Life hangs altogether upon great Importances, fuch as concern
the Church and State, and drops the peculiar Oeconomy and private
Condua of the Perfon that gives Title to the Work, it may be an
Hiflory, and a very good one; but of any Thing rather than of that
Perfon's Life. Some may think Defigns, of that Nature, to be, like
the Plots of Mr. Bays, good only to bring in fine Things: But a Life
fliould be a Pidure ; which cannot be good, if the peculiar Features,
whereby the Subjed is diflinguifh'd from all others, are left out. Nay,' I
Scars and Blemifhes, as well as Beauties, ought to be exprefled ; other-
wife, it is but an Outline fill'd up with Lillies and Rofes. And, to
this Intent, what I have to produce here, will be found more con-
ducing than all the Incidents of State, Law, and Juflice, to be found
in the other Parts of the Work ; and that will engage me to be more
folicitous and declaratory than elfewhere.
After he was called to the Bar, he applied himfelf clofely to the Defired a s«.
Attendance and Operations of the Law, and wanted Refrefhment, fuch tiementbya
as was reafonable to be enjoy'd at vacant Times ; and he was weary ^1^'\\ '"'^
of being at the loofe Hand as to Company, which he could not have, mems "'"
at all Times, to his Mind. He was no Clubfler, lifted among eood
Fellows; and often pafTed his Evenings in walking, or folitary (if
It may be fo term'd, when he had only me with him) rather than join
in any promilcuous Society, or of fuch as were not either in his
Friendfhip, or diftinguifli'd by fome notable Talents that recommended
them. And he thought it would be an Eafe to his Mind to know
continually, after his Bufinefs done, what was to become of him •
and that he thought befl provided for by a Family and Houfekeepina ;
which is never well fettled without a Miflrefs, as well as a Mafler of
a Family. Thefe Confiderations inclined him to look out for a fuita-
ble Match. And, to fay Truth, his Conflitution required it as much
as any Man's whatever ; but, being exceffive modeft, and by Refolu-
tion virtuous, he was folicitous and ardent in the Purfuit of it, and
not a little encouraged by a manifefl Feeling he had of Succefs in his
Profeflion, which difmilfed all Fears of the lean Wolf. And not be-
ing infenfible of a fair Charader in general, which, together with
fome Quality and happy Relation that fell to his Share, he fancied he
might
m
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It ti ''
Mi
vmM
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y
4,i •
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k-l
7 8 77^^ L / f £ of the hue
might pretend to as good a Fortune in a Matcli, as many otiiers had
found, who had lefs Reafon to exped: it j but, without foine Advance-
ment in that Way, he was not difpofed to engage hinifclf.
A Match pro- That, which lat hardefl upon his Spirits, was, Iiow he fhould give
wrh^' ^"s ^ ^^^^ Anfwer to the Queftion, What Jointure and Settlement ? He ulcd
w^^ ou iJ«^'tQQ^j^ but one Rood of Ground in the World, that yielded him any
Profit, which was IFeJlminJIcr-Hall: A meagre Particular, unlefs he
might have added, us Finc/j did, his Bar Gown 20,000/. There came
to him a Recommendation of a Lady, who was an only Daughter of
an old Ufurer of Grays-Inn^ fuppofed to be a good Fortune in pre-
fent, for her Father was rich ; but, after his Death, to become worth
no Body could tell what. His Lordfliip got a Sight of the Lady, and
did not diflike her : Thereupon he made the old Man a Vifit, and a
Propofal of himfelf to marry his Daughter. There appear'd no Symp-
toms of Difcouragement; but only the old Gentleman alked him what
Eflate his Father intended to fettle upon him for prefent Maintenance,
Jointure, and Provifion for Children. This was an inaufpicious Que-
Ition ; for it was plain that the Family had not Eftate enough for a
Lordlhip, and none would be to fpare for him. Therefore he faid to
his Worfhip only, T^hat when he would be pleafed to declare what
Portion he ijitended to give his Daughter^ he would write to his Fa-
ther ^ and make him acquainted with his Anfwer, And fo they parted;
and his Lordfhip was glad of his Efcape, and refolved to give that
Affair a final Difcharge, and never to come near the terrible old Fel-
low any more. His Lordfhip had, at that Time, a flout Heart, and
could not digefl the being fo flighted ; as if, in his prefent State, a
profitable Profeflion, and future Hopes, were of no Account. If he
had had a real Eflate to fettle, he fhould not have flooped fo low as
to match with his Daughter 5 and thenceforward defpifed his Alli-
" ance.
Courted a His Lordfhip's next Amour was, in all Refpedls, better grounded ;
w''^?-^-' ^"^^ hut, againft all Senfe, Reafon, and Obligation, proved unfuccefsful.
ter than ^iiltcd' When Mr. Edward Palmer^ his Lordfliip's mofl intimate and dear
Friend, died, he left a flourifhing Widow, and very rich. The At-
torney General, and all his Family, had projeded a Match of their
Coufm ISlorth with this Lady, who were no Strangers to each other :
Nor was there wanting fufficient Advices, or, rather Importunities,
of the whole Family, for her to accept him ; againfl which fhe did
not feem to reludl, but held herfelf very referved. In the mean
Time, his Lordfhip was excited to make his Application ; which he
had never done, or, at leafl, not perfifted fo long as he did, but out
of Refped and Compliance with the Senfe of that worthy Family,
which continually encouraged him to proceed. Never was Lady more
clofely
*M
LORD KEEPER GUILFORD.
7§
clofely befieged with Woers: She had no lefs than five younger Bro-
thers fat down before her at one Time; and fhe held t4m in Hand
as they fay, gmng no definitive Anfwer to any one of them, till fhe
cut the Thread, and, after a clancular Proceeding, and Match vt-ItK !
jolly Knight of a good Eftate, ^e dropped them'-aUat on ' a^ndf^
did herlelf, and them Juflice There were many comical PafTages n
this wooing, which hisLordfhip, with much Pleafantry, ufed fo re
member; and, however iu for a Stage, would not mufler well in an
hiflorical Relation ; for which Reafon, as his Lordfhip was droDoed
I drop them. The Unhappinefs was, that he never '^oufd find'^^out
her Refolution as to him; for flie flood in fomeAweofSir JeoZ
P.lmer s Fam. y, and would not break with them, till fl,e had pro-^
.ded for herfelf another Interefl; and his Lordfhip would not flight
their exceffive K.ndnefs to him by deferting his Pofl, at which they
had placed him: So, between the one and the other, he was held J
the Long Saw above a Month, doing his Duty as well as h r^ i'gh !
and tha was but clumfily for he neither drefTed nor danced when
his Rivals were adroit at both; and the Lady ufed to flnifHe he7Fa"
vours aniongfl them affededly, and on Purpofe to mortify his Lord
fh.p; and, at the fame Time, be as civil to him, with like Purnofe t^
mortify them: And his LSrdfhip was not fo miftified. ^ hiSour
as not to difcern thefe Arts ; and nothing, but the R;fp cts I hS
could have held h.m in Harnefs fo long. For it was very grievou to
him. that had h,s Thoughts upon his Clients Concerns, wKhcame
in thick upon him, to be held in a Courfe of bo-peeo Pl-v wlh !
crafty Widow. And I have heard him often fay. thThe ne'^eT t
m all his Life, more rejoiced, than when he was [old that Madim wa^'
TJrt'v^^r,^^ ^' was efcaped from a miferable Confinement
And the Faflid.um. upon this Occafion contracted, and his EnS
of Bufinefs, which gave him little Time to think ^f any ThW elfl
diverted his Mind from undertaking any more fuch Projefts and fo'
he went on in his Way. "jci-is, .ina lo
Another Propofition came to his Lordfhip. by a City Broker from An .
Siv John Lawrence, who had manv U,„XtL. I ,?^'^' rrom .Ar.aifin.i.
Beaiitlpq. nnrl tliP fLm. many daughters, and thole reouted S'^^OfiVr,
±5eauties and the Fortune was to be 6000 /. His Lordfliip wcrt and "i""." ¥^''''^'
dined wuh the Alderman and liked the Ladv. who (as tL W.y isV" '
was drefTed out for a Mufler. And coming to tre t, the Pordo
fhrank to 5000/. and, upon th.-it. his Lordfhip parted, and wj^o
gone far before Mr Broker (following) came to him .nd faid Sir%S
would g.vc 500/. more, at the Birth of the fi-A Chu uJ/Z
would not do. for his Lordfliip L.ted fuch fSe^J':,'' Not'lot aS •
this D.fpatch. his Lordfllip was made the King's '^^Solidtor GencTl
and then the Broker came again, withNews thai Sir>S "ould'ive
JOjCOO/.
H N
I .
« ■ vl
if
*
I
M;
1^
io
7%e LIFE of the late
LORD KEEPER GUILFORD.
8t
with Lady
Trances Vo^e
10,000/. No-, Ills Lordfllip faid, after fuchJJj age ^ ke ivGiiId not pro-
ceed, if he might have 20,000/. So ended that Afi'air; and his
Lordfhip's Mind was once more fettled in Tranquillity.
Chance pro- It is faid that Marriages are made in Heaven ; and if frequent and
ducedaglo- ynforefccn Accidents (often to be obferved produdive of them) are
nous Propofi- i n^ i i i ^ * r r • i • i •
tion (which any Argument, the rroverb hath Countenance ; tor lo it happen d m
fucceeded) his Lordftiip's Cafe : For, out of a contingent Interview, a Propofition
fprang, pregnant with all Advantages of Honour, Perfon, and Fortune ;
more than which was not to be defired or expeded. And it was for
a Match with the Lady Frances Pope, the middle Daughter of three
Coheirs of Thomas Earl of Down, who lived at Wroxton in Oxford^
JJnre. The eldefl was married to Mr. Soams, of Thirlow in Suffolk^
within four Miles of Catlidge, the Seat of his Lordfhip's Father. And,
as the Ufe is, the grave Countefs of Down, with her two younger
Daughters, attended the new-married Couple to their Habitation, and
made fome Stay there ; during which Time the Vifits of Joy came in,
and, amongft the reft, the Family from Catlidge made their Ap-
pearance ; and the Countefs, and her Daughters^ in due Time, made
their Return, which happen'd to be at a Time when his Lordfllip was
at Catlidge. His Mother laid her Eyes upon the eldefl unmarried
Daughter, and, when they were gone, turn*d about and faid. Upon
my Life, this Lady would make a good Wife for my Son Frank.
And, in fhort, at the next Viflt, with his Lordfhip's fair Confent, fhe
moved it to the Countefs, who confented that his Lordfllip might
make his Advances. His next Bufinefs was to mufler what Sums of
Money he could, in order to make an honourable Propofition ; and,
with 600/. borrowed of a Friend, he could compafs but 6000/. in
all to join to her Fortune, which was efteem'd at 14,000/. for mak-
ing the Jointure and Settlement intended to be \ooo I. per Annum,
After this, he ventured down with a decent Equipage and Atten-
dance, and, in lefs than a Fortnight, fixed his Point with the Lady,
and appointed another Time to come and finifh what was fo aufpici-
oufly begun. And then his Lordfllip went with full Attendance, and
fome Friends ; and, after the neceffary Writings were fealed, the Lo-
vers were happily married in Wroxton Church. But I well remem-
ber, the good Countefs had fome Qualms, and complain'd that fhe
knew not how fhe could juflify what Ihe had done (meaning the mar-
rying her Daughter with no better Settlements) Madam, faid his Lord-
fllip, if you fneet with any ^ejiion about that, fay that your Daughter
has 1000/. per Ann. Jointure. It is certain that (befides fome private
Reafons the Countefs might have) the Friends of the Family look'd upon
this as a very defirable Match, not on Account of an Eflate in prefent,
but of much greater, little lefs than certain, to come 5 for hisLordfhip
waj
4
was J^olicitor General, and, I may fay, a Favourite of tlie Law, and
his Charader unexceptionable, befides his Family, which was flyled
Honourable.
It is not eafy,^ nor very material, to defcribe the Feafling and Jol- Muchr.ioc
lities, that were in the Country round about, upon this Occafion. It '"s '-^ ^lic
was a Cavalier Country, and the Popes eminent Sufferers for their Z'^'^-ttc'
Loyalty in the late Wars: And his Lordfllip having the like Character, ^bfn^ennr.c-
and known to be an obliging, as well as a flourifhing, Loyalifl, there "''^ ''^^''^-'^
was fcarce a Family which did not fhew all Refpe<5t imaginable to *'*'*
the new-married Folks, by Vifits, Invitations, and feflival Rejo'cinas.
So that it was about three Weeks before his Lordfllip could clear him-
felf of tliefe well-intended Importunities. At length we decamped for
London-, and his Lordfllip took, firfl. Lodgings, and then an Houfe,
and lived, confiflent with his Bufinefs, in a Way mofl agreeable to
him. It Avas wonder'd that this Lady, being fuch a Fortune, had no
feparate Maintenance aflign*d her. I believe the true Reafon was
that, confidering his Lordfhip's known Good-nature and Honour, they
thought there would be no Need of it, and it would, as a Diflrufl,
have difobliged him to have mention'd it ; and I am, partly, certain
he would not have agreed to it: And, in the fame Family, the younger
Sifler was matched with a large feparate Maintenance. And, to fhew
how little fuch Provifions (except in extreme Cafes, the Suppofition of
which, almofl in Pofiibility, is fufficient to divert a Match) fignify ;
a Lady, though fufFering in her Perfon for want of reafonable Sup-
plies, never profited the leafl by it 3 but, upon Expoflulation, the An-
Aver was, Get you to your Trujlees. But, for certain, the Lady Fran^
CCS Pope was matched into the Land of Plenty; and, in faying that,
I have faid all.
Thefe Ladies Fortunes confifled in Eflates of Inheritance, come to Great Lof.by
them by Defcent, as Coheirs under certain Settlements in the Family, \ Corapofi.
to be made good by a due Execution of feveral Fines and Recoveries "°""
formerly had. The Lady Eliz. Lee fet up a Pretence againft them,
as Heir General, let in by Failure of Ifiiie Male; and Suits being com- '
inenced, and ready for Trial, his Lordfhip, being then Counfel for
the Lady Lee (thoughtlefs of his future Concerns) was at a Confult
preparatory to a Trial the next Day, which was to determine, once
for all, whether thefe Ladies fliould be great Fortunes, or worth
nothing at all; and, perhaps, be found in Debt for their Charges and
Living in the Interim. And the whole Board (as I may call it) ao-reed
in Opinion that their Client, the Lady Lee, had no Title at all. ^But
the Truftees for the Ladies were towards the Law ; and, being won-
derfully fcrupulous, had a different Notion, and, confidering the Con-
fequence, that might be fatal to the Ladies, advifcd a Compofition ;
L and
.^i^r
:'-Ii
)
I
sJi
i
'4\
8z
His Lord-
llip's Occo-
iiomy ; ami,
by his Ser-
vant's Ac-
counff obvi-
ated a Fraud.
Wcl! fettled ;
SerjeaKts Inn
Hal; built,
and a com-
inon Shore
made.
TI:e LIFE of the late
and, in the Morning, before the Trial, attended her LadyHiip to know
herPlcafure; and fhe furioufly proteftcd fhe would have half. This
was a fevere Sentence, but yielded to ; and, afterwards, the Eflates,
fubjedl to this Queflion, were fold, and the Money divided, of wliich
his Lordfhip came into his Wife's Part : And he ufed merrily to fay.
He bad been a Counjel againjl himfelf. And if this Queftion had
not come to fuch a Compolition, which diminiflied the Ladies For-
tunes, he had never compaffed his Match.
His Lordfhip, by the Means of his Brother-in-Law, Mr. Robert
Hyde, fettled himfelf in the great Brick Houfe, near Serjeants-Inn, in
Cha?2cery'Lane, which was formerly the Lord Chief Jufiice Hyde\\
and that he held till he had the great Seal, and fome Time after.
And when he came to fettle in this Houfe, he confider'd his Oecono-
my, and what Method to put it in : He appointed his trufty Clerk in
chief to pay all Bills weekly, and keep all his expenfive Accounts.
This Gentleman, not only kept his Books fair but, had Vouchers to
every Item. And it was well for his Lordfliip that he did fo ; for one
Branjby^ an Upholfterer, brought in a Bill of 200/. for Furniture fup-
plied two Years before j exculing himfelf, that he knew his LordQiip's
Pay was good, and, not needing the Money, he was content to let it
lie in his Hands. His Lordfhip believed he was paid ; but that was
no Anfwer, fo referred him to his Clerk, who, looking back, found
his Bill, and the Acquittance in full. Then, good lack ! his Man bad
jorgot to cancel bis Book. He fuppofed that his Lordfhip had not
fuch regular Accounts ; and, then, Tradefmen take the Advantage, and
are paid double.
When his Lordfhip lived in this Houfe, before his Lady began to
want her Health, he was in the Height of all the Felicity his Nature
was capable of. He had a Seat in St. Dunjlans Church, appropriated
to him, and conflantly kept the Church in the Mornings. He had
the Efleem of the royal Family, and of all the loyal and conforma-
ble People in the Nation. His Houfe was to his Mind; and, having,
with Leave, a Door into Serjeants-Inn Garden, he palfed daily with
Eafe to his Chambers, dedicated to Bufinefs and Study. His Friends
he enjoy'd at home; but formal Vifitants and Politicones often found
liim cut at his Chambers. Thofe were proper and convenient for all
his Purpofes; but the Afcent to them was bad : And, being fcandalifcd
at the Poornefs of the Hall, which was very fmall, and, withal, rui-
nous, he never left till he brought his Brethren to agree to the new
building of it; wliich he faw done with as much Elegance and Ca-
pacity, as the Place would admit of, and thereby gain'd a decent
Avenue, wlLh Stone Steps, to his Chaniber, as may be (^tn at this
Day. His Lordiliip procured to be done another good Work, wliich
exceedingly
LORD KEEPER GUILFORD.
S3
exceedingly improved the Dwellings, in all Chancery Lane, from Jad.-
a>wfes^J/ey down xo Fleetftreet. He found in his Houfe a fmall
Well in the Cellar, into which all the Draining of the Houfe was re-
ceived ; and, when it was full, a Pump went to work to clear it into
the open Kennel of the Street. But, during this Pumping, the Stench
was intolerable, and offended, not only his Lordftiip, but all the Houfes
in the Street, and alfo Paffengers that palfed to and fro in it And other
Houfes there, which had any Cellars, were obnoxious to the fame In-
conveniences, His Lordfliip propofed to them to join in the Ch-rtre
of making a Drain, or Sewer, all along the Street, deep enough to"d?f-
charge into the grand Common Sewer in Fleetftreet. The Inhabitants
would not join, alledging Danger to their Houfes, and other frivolous
Matters, and thereupon his Lordfhip applied to the CommifTioners of
Sewers, and obtained a Decree, by Virtue of which it was done whe.
ther they would or no, and the Charge paid by a Contribution levied up-
on them; and then they thanked his Lordfhip, as for a Angular Good
done them. Which is an Inflance fhewing that the common People
vviU be averfe to their own Interefl. till it is forced upon them; and
then be thankful for it.
But amidfl all thefe Comforts, his Lordfhip's Happinefs was not a HisU.;^-
litte curtailed by the Bitternefs poured into his Cup from his Lady's S^knct '
Sicknefs, which began about the Year 1674, and, atlafl, brought her
to her Grave J for he had fo much good Nature as to refent til her
Pains as if they were perfonally his own. Of all the three Daughters
of the Countefs ofDoivn, fhe had the leafl good Health, but, Ibout
^ Jk™^ u- ^^^"^^ ^^ ^^^ ^"y flourifhing and well.
va„^.rJ^'!:'''^.^'^'"JVPP'"'i"'^™' J^i^ Lordfhip, for the Ad- Re„,o«<,,o
vantage of better Air, which was thought beneficial for her took a H.mmrrfmub,
Country Houfe in Hammerfmith, where, in the mild Times of the '»'", '" ,
Year, fhe refided And he came to her every Evening, and repaired ^"Z:^'
to London m the Morning, as his Bufinefs required. And, in hL. Cir-
S!,' le^n-n ' ^"'t^T ^"'^ ^" ^"'"g C'""P='"y ^"d Attendance,
tin! nf R, '^'T"'V'r^"^7'' ' ^'°'""' <^°"g'^ ^"^"-^^d with a fpit-
f^e^h.H I i'K '• a"uT''* "P°" ^"^^ Abatement of an acute Fever
he had had but jufl before, proceeded from bad to worfe- and -t
length, his Lordfhip went with her to Wroxton, and, faving 'the neccf-
lary Attendances at London, was continually with her. There wanted
not Dodors and Apothecaries in thofe Parts. She had Dr Tr'/i a
Neighbour, and Dr. Danvers, from Northampton, almoft continuallv
con d n^; 1 I Diflemper exafperated, till it was manifefr fhe
broke hv ""i""^ !^'"^;v'"'^ f°°" '^^''■' ^ '*^g« '''°°d VefTel being
Lonirh^n^ ' "°. f ^"u"*^ Coughing, it carried her of^. It was his
Lordfhip s good Stars that forced him to London about a Fortnight
L 2 before
• *\
['' "^^ ^^'^ ^'^ ^-'^ P-'^^^'y
the King afked h s new Lord Keeper who they fhould have to fucceed -^ Cclr ,,
him? He anfwer'd, Who jhould fucceed the Captain buttbeullu2'^l}^'^-
nant? And thereupon his Lordfliip was madf the kI's AuorneJ '' ""•
p7 ;, I °^. "i"''^ ^'f^' ^' Lordfhip has left the fS nfNot^
A H t' ^ v/^^Pc!*"' ^"""""'y' \ "^--^ hisLordfliip fkips'over The
And Sir W.lUam Jones, Solicitor. | Earl of Sbaftsbury, who had the
Seal not much more than nine Months. This CW di7not afflft
his Lordfti,p, fo he pafs'd it by in his Catalogue. He was wdl nleafed
r.f t haTRtiin'" he'^ knew the Abilify of theM^TlnK
wen, tor that Keafon, he was entitled to the P ace. And he thought
it a Credit to the King's Affairs, when Men, moft eminent for LeaS
sK %Sd°X^"'"1 •? "'^ ^^"' "^- ''^'- int^is M^ %•;
bervice His Lordfliip was fo far from retaining any Offence at whaf
vir a'^/'^. Tf y ^^" '" ^'"'' the ProLtiL of Si^/"t
Jones. And if he had not conforted with a Party diametricallv onnn
fue to the Intereft of the Crown, his LordAip haHo n'd in aK
with him. and gone Hand in Hand in Confults; and tranfad^^ AvhX
co"fina:*'But°fucTV?''^' (f. ''^e moder^ Courfe is ar?nrarly
■^ His
?l
'll
P
It''.'< '
hi
90
Gain by
Piadiicc.
Privacies and
Dcfires de-
clining the
Court.
Tbe LIFE of the late
His Lord{hip*s Acquifitions by Pradice, while he attended only the
Kings-Bench, had been very conliderable ; but after Jie, as King's
Cnunfel, came within the Bar, he began to have Calls into the Court
of Chancery, which he liked very well, becaufe the Quantity of Bufi-
refs, as well as the Fees, was greater : But his Home was the Kings-
Bench^ where he f\t and reported like as other Pradilers. And when
his Pradice was greateft in Chancery^ he hath come, as an Officer,
and fit on the Bench, under the Judges, by the Prothonotary. His
Bufir.els encreafed, even while he was Solicitor, to be fo much as would
have overwhelmed one lefs dexterous j but when he was made Attor-
ney General, though his Gains, by his Office, were great, they were
much greater by his Pracftice ; for that flow'd in upon him like an
Ornge, enough to overfet one that had not an extraordinary Readinefs
in Bufinefs. His Skul-Caps, which he wore when he had Leifure to
obferve his Conftitution, as I touched before, were now deftined to
lie in a Drawer to receive the Money that came in by Fees. One had
the Gold, another the Crowns, and half Crowns, and another the
fmaller Money. When thefe VefTels were full, they were committed
to his* Friend, who wasconflantly near him, to tell out the Cafli, and
put it into Bags according to the Contents; and fo they went to his
Treafurers Blanchard and Child, Goldfmiths at Temple-Bar, This
fame telling the Money was a great Truft j and he was fatisfied of the
Integrity of his Friend, wherein he was confirm'd by a very little Ac-
cident: For, while they were walking together, that young Gentle-
man, newly come from telling his Money, accidentally feeling in his
Coat Pocket, ftartled and faid, Heres an half Crown (fuppofed, by
Accident, to have flipt in there) but it proved only a Piece of Glafs.
His Lordffiip, from the Manner of that Behaviour, concluded his
Friend to be (as he was) moft flridtly jufl: to him.
After the Death of Sir Jeofry Palmer, his Lordffiip had the Advan-
tage to come into his Chambers, which were very commodious, hav-
ing a Gallery and, at the End, a Clofet, with a little Garden. This
ferved him to walk in, and Turn about with a Friend, continually
interchanging Difcourfe; than which, no Entertainment better pleafcd
him : For that help'd him to form his Notions, and to tell: them upon
thofe of his Friend. But his greateft Content was, that they afforded
an Accommodation for his Brother from Cambridge, when he thought
fit to come to London, fo near that he could, at any Time, go from
his Bufinefs to him, and return to it again when he pleafed ; which
was a Pradlice he very much delighted in, and ufed. Such Intcrcourle,
though with Perfons raw, and little experienced in Affairs, he liked
better than to be wholly alone; for he confider'd that, if he did not
• ills youngjft BiGth:r, the hoaourable Author of this Work,
learn,
LORD r<:EEPER GUILFORD
learn, he taught ; which, to him, was near as wpll • p^. i i •
the beft Counfel .^fll^^^^^^^^^ 1.^' H '''"" 1"^
there, but always went home to his F.n 7, ^ !i ; , , ""''''' '■'>'
ing without Company ^.r^^t^l^-^^J^::^^^^ ^r
in that caVtiofu Na ton nnde h?m u^;e.°r 'T*"" ""^ ^'"""^'^'"'^'^
Thofe, who are fo far fr^m know n^vh"^^^^^^^^ ""^ "'^'^''^g"
fefs Hatred of all Bufinefs, wh^h "^To t^ta^rlv'thrL? ^^T
Court at that Time, will yet prefcribf to f^rh I 5 o f "'^
know better, and will not allow^tS the Libertv Z t'^' ^"'^'" '^
without being alfo accounted morofe InH , fi/r being expla.n'd,
that hisLordiip lived ia a pTrpetal S retch^sl'hl'^n^^^
there: and with all th^^t A\/ r.L ^^^^^^^> as to his Behaviour
leaft. 'he th^uglu h^ll^o^hetl^orwTufef FoTt trf V °^' ,f '
tormented with rafcallv Proiefts andfhi . ' r ^f was continually
of great Men i^^W^^&A^:^^^^^
nefs and Treachery, he obferved in moft of the cZt m Je hfm f"
cine having any Attachments to any of their InterHlc t . '^'"^/^r
his Rule to ferve the Kins and the l/Jl A ' ^f "'^'^^ "
Friends, Ld d^d not know of at Slfps he^^d"' ""^ ^^^y ^'^
ways fearing the worft. he w s wJafy o'f Jis Poft Th"'"^^^ /"' ^'-
ther in a calmer Region, thoueh lefs nrofifl. ' !^ ^'^ '^ ^°' '''"°-
Preferments of the Law h s Th. L^^ l''^* ^'"^' =""°"S ^" t^e
Chief Juftice of the cT;J « pL? f ^'^^ ?°" *1^^ ^'^^ °f Lord
the Law fo well as to be nffiiiCJ 1^ ' ^^ ^"'"^ ^''" °^^" Skill in
it therath^ bLufe tit B^"^'^,^ fo-" it, and chofe
and had little toTo^'ii^-tur 1 C^ ^T' °' ^"^^ ^^^^•
could anfwer for the rigid Iilitv of hk S" "'''•^"" = ^"'^ ^^
the Intervals of Bufinefs in that S l^n ''''. P^'^™'""'""^. And, in
pious, he fhould have mo eSa TiaTitude tT" """'"^ ""^^ ^°-
tainments that were a-reeible trM ir /° ,^''P"'^'^ '" Enter-
Living at Fife wth hi P i "?' '""^ '^"'^ '^'"^^'f i" a Way of
tisfacf^on l^orw, -^h AcTit'lhr, ''h "^"^"i'; ^^"'^ '"°-^-
receive fo muc^h there, a^n the AMonv^^^ 1°"'^ "°'/^'^'"^ '°
yet he would have been glad, fo.^Th":^ l^!;;^^^ ^"^ ^""■
M2 - • j^^
91
\\
I
•a
|i
-r
'I
» '^
92
The LIFE, of the late
.}.
fi»
Mr. Srcre^ary As to thc Affairs tranfadled in Parliament, his Lordfliip had no
goorM.na- gfcat Difficulty ; for little or nothing of the King's Bufinefs, in the
ger. Then Iloufc of Commons, leaned upon him, becaufe Mr. Secretary Coven-
Undertakers fjry yyjjs there, who managed for the Court ; and no Man was ever
pr'efmed to^ better qualified for that Poft : For he was an ancient Member, and
the Common had the nice Step of the Houfe ; and withal was wonderfully witty,
cttTcwf a't ^"^ ^ ^^" °^ S^eat Veracity. He had never faid any Thing in the
avaftRx- Houfc, which aftcrwards proved a Lye; and had that Credit there,
pence, that, whatever he affirm'd, the Houfe believed. After he was gone,
the Court loft Ground ; for there came forward a Sort of People call'd
Undertakers: For the Court was negligent, and did not think of the
Parliament till within a Month of their meeting; and, then, were in an
Hurry how to order Matters. Whereupon, fome one, or more, of the
Court Party in the Houfe, who had a good Opinion of their own Skill,
ufually ftept in, and undertook for the Management of the King's
Bufinefs that Seftions; and his Majefty need not be farther concern'd
at prefent. And this Kind of Service, in the Overture, was always
acceptable; efpecially in a Place where all Kinds of Bufinefs was un-
eafy, that is, in his Majefty's Court. But the Houfe always found out
who were their Guardians and Sponfors, to anfwer for them : And fuch
never fail'd, through their Indifcretions, Prefumptions, Importunities,
Subterfuges, or Tricks, to give Advantage againft themfelves, and, in
a few Days, commonly, were routed Horfe and Foot. And then there
was no Way but to quit them, and agree with the more friendly Part
of the Houfe. All which muft be readily own*d by fuch as remem-
ber Sir William (or Sir Francis) Wheeler y to name no others, Managers
for the King in the Houfe of Commons. When there is a Set of ho-
neft Gentlemen, as there was in that long Parliament, nothing lofeth
them fo much as Difingenuity, and underhand Dealings. For the ad-
verfe Party contrive to expofe them with fatyrical Refledions, and
make thofe honeft Gentlemen almoft afhamed of their own Party*
No other was to be expected, but that his Lordfhip ftiould be entirely
for the Intereft of the Crown; not fo much upon Account of his
Place, for that never carried him into any indirect Action, but from
his Judgment, of which I have given an Account elfewhere. And he
was fo far from lofing his Intereft with his Friends, by his Behaviour
there, that he became more firmly allied to them ; for his Senfe was,
commonly, theirs. He could not attend the Houfe conftantly, but
took the Liberty of purfuing his Pra<5tice in WeJlminfter-HalL And,
being there, what he did, was occafional, and confifted, chieflv, in
relolving the Fallacies of the Country Party: Whom to oppoie in
gaining the Point of a Money Bill, and anfwering to the Artillery of
Grievances, which were always ercdled, and pointed at the Monty De-
figns.
LORD KEEPER GUILFORD. ^j
figns, was the chief of the Court Employ, in Parliament, till about
the Time of Oateis Plot, when the Country Party went off with all
at once. But, long before that Time, his Lordftiip was removed inta
the Common Pleas, and Mr. Coke of Norfolk fucceeded him in the
Burgesftiip of Lynn : But not fo eafy and cheap j for his Managers
did not keep in due Bounds, but let loofe the Tap all over that large
Town, and made an Account of 7000 /. or more, refting due to the
Town, befides what had been paid for the Expences. Sir Simon Tay-
lor oppofed, and thought he had the Return ; and, being refolved to
petition, was courted by the Earl of Banby, at the Price of all his
Charges, which were not Trifles, to forbear; as he did: Elfe, his
Lordftiip's Son-in-Law, Coke, at that Conjundure, had been turn'd
out.
Whatever his Lordftiip fignified to the Court Intereft, during the of the Arts o£
Time he fat in Parliament, it is fure enough that he ferved himfelf. Parliament
by improving his Knowledge of Men, and their Ways in great AA "^"""'"^
femblies. And the Arts of driving are no where fo eminent, as at the
Committee of Eledions. And it were well if all Gentlemen, that
come to fuch public Employments, would obferve thefe Arts; but
with a Son of Contempt and Scorn, and not think them Matter of
Imitation; or, indeed, any Arts fo to be, but what tend to favour
Truth and Juftice. It was not without Reafon that the beft Orators of
the Ancients determined that a Man could not be a good Orator, un-
lefs he was an honeft Man. For Art is a good Engine to fubdue Ig-
norance, or Malice ; but to fupport the Latter againft Juftice, is, not
an Art but, a diabolical Subtilty.
In the Procefs of this Stage of his Lordftilp's Life, his Condition The cirrum-
was like that of a Plant fet in a proper Soil, growing up, from fmall ^^"^« ^"^
Beginnings, into expanded Employment ; fo much, that one would Swhl°^
think It (caice poffible for one Man to find Time to difpatch the Af- Employment
fairs of It. One Help he had, which was good Servants, when he had
moft Need of them. Mr. Matthew John/on^ one bred in the Office
of Clerk of the Patents, was in that Province, and Mr. Robert North
for his chief Clerk, viz, for the Confeffions and other Aftairs of Truft.
And, when Bufinefs of Titles of Eftates came to him, he often re-
commended his Clients to fome induftrious and able Counfel ; as was
before obferved. HisLordftiip^s great Labour was to get Tim'e to be
inftruded well in Caufes of great Confequence, as Trials at the Bar,
and Hearings in Chancery ; and, for that Work, he took the Frefti of
the Morning. He had a very trufty Boy, who never fail'd. Winter
and Summer, to come into his Chamber at Four in the Morning. He
could, over Night, juft, and but juft, admit his Clients and their
Agents ; and, being inform'd, by them, in the Hiftory of the Caufe,
and
t
!:
■ 'i
■I
94
!l
^i>-
;,!'
i< V
r/&^ LIFE of the late
and where the Pinch was, he was then prepared, next Day, to perufe
his Breviate, and the Papers left with him ; which was impoHible to
be done for one, whilft others waited without. The Office of At-
torney hath little or no Vacation ; fuch continual Attendance on the
Court, did that Office require. But he was more capable of conform-
ing to it, becaufe, being then married, his Habitation was in or near
the Town, and he had no Country Concerns to call him from thence.
But, till his Lady came with him to London, he kept no Houfe in
Town, but ordinarily dieted in the Temple; that is, at Noon's, in the
Hall, and, at Nights, in his Chamber ; where the ordinary Commons,
with a Bottle or two, was a Regale to him, and two or three conftant
Friends with him. But that was, like the Flarpies Supper, by Snatches
for he could feldom get many Minutes to enjoy himfelf and his Friends •
fuch was the Importunity of his Bufinefs. But yet he took great Plea-
fure in thofe little Liberties j and he was not pleafed when he had not,
at leaft, a third Man (for I was always one) to help out his fingle
Bottle, and, for fail, ufed to fend for a choice Friend or two. He
ufed to fay that a Glafs of Wine, to fedentary Perfons, was equivalent
to Exercile. He could never fit up late; for he mufl be up early
And, after Dinner, a fhort Turn in the other World, was, not only
an exceeding Refrefhment but, almoft neceffary to him 5 for his Con-
ftitution required more Sleep than many others needed.
Such was his Lordfhip's Courfe of Life, during his Celibacy; abfo-
lutely void of all Manner of Vice, Excefs, and Incontinence : Of which
I am yet a living Witnefs, that fcarce was ever from him, but in the
very Employ of Bufinefs. I do not remember that he fo much as
took the Air in his Coach without me ; and fo, when he dined or
flipped abroad, unlefs with Grandees of one Sort or other, I was with
him. He never was in Danger of being overtaken with Wine to Ex-
cefs, from his own Seeking ; but only when confined to Company
efpecially of Superiors, and that was very feldom, and fo far as clip-
ping only ; for he had Strength of Head to bear a great deal. He
was always fenfible of this Infirmity coming upon him, and 'could
curb his Speech, but not his Merriment, as I have obferved already.
icfs.and more ^^^}^\ ^^ ^^^ married, and his Lady come to Town, he became an
•ideriy. Houfe-kccper i but ufed Lodgings for a confiderable Time, till he
could accommodate himfelf with an Houfe; which, at Length, he did
to his Content, in Chancery-Lane, as has been related. His' Courfe
of Life was now much alter'd from what it was; but all for the bet-
ter, as well in all Kinds of Accommodation, as the Regularities of
Life, which he greatly affeded. In this State he kept a plentiful but
very plain Table, and had great Refort of his Fri;:nds to him; at Din-
ner fufficient, but much more at Supper: For then he was more loofe
from
His virtuous
Courfe of
Life, when
fmgle, at-
tcilcd.
Married, no
LORD KEEPER GUILFORD. py
from Bufinefs, and Company was moft acceptable to him. And he
coiifequently, held to his Cuftom of eating Suppers, and counted it
the beft Refrefliment he had in the four and twenty Hours. And how
he diverted himfelf with his Family, when alone, will be fliewed
clfewhere.
I cannot vary his Charader much, in this Stage, from that fubioined Fri^d to
to the former, only, now he had a Superiority, and his Thoughts we'-e ^""'™"' »"'J
ever intent upon Methods for Redlification and Improvement, where- " ^'""°'''''
ever his Views extended. And, as he had profited extremely bv the
Encouragements, in his Studies, he had received from others, fo he
did what he could to adminifter like Advantages in Study toVuch as
came in his Way to inftrua : Inftances of which good Will, I ftiall
take Occafion particularly to relate elfewhere. The State was not very
much roiled with Fadion, till he was taken from Pradice, to the •
Seat of Juftice, and had more Latitude to divert himfelf with Inge-
nuities ; fuch as Mufick, Philofophy, Painting, Mechanicks, and the
like ; which, in the Abfence of Strangers, were the Subjed of his do-
meftick Converfation, as will appear in proper Place
He had acquired, in this bufy Time of Life, a general Skill in the lnft,„c«cf
f"rop(^n Languages, as French, Italian, and Spanijh. And, now he =» ""i""*"^'
fell laft of all, upon Dutch, and was very defirous to make himfelf ,'^''''"""°"
Mafter of that. His Friend Sir Peter Lely (of whom elfewhererhad
infpired him w,th an Inclination to it j telling him what fumptuous
Libraries they had, and magnifying the Elegance and Significancy of
his Country Dialed; and, as if there needed no other Books to make
Men exquifite Scholars and Politicians, he recommended to him a vo-
luminous Colledion in Folio, called Saken van St at en; fuch a Sort of
Book as our RuJJmortb : And, in order to gather this Part of the
Be/la Lettres, he got a Dutch Bible, and ufed to carry it to Church.
To be fhortj m his greateft Flow of Bufinefs, he let fiip no Opportu-
nity of improving h.mlelf, as well in the Law, as in other valuable
Accomp hrhments. He had a very good Memory, but never trufted
I with his independent Remarks ; which made him (as I have faid
elfewhere) fo given to note all ufeful Occurrences; for of fuch Mat-
ters, Multitude confounds the Remembrance. So neceflary is it to have
as It were, a Bafket to put them in. And this he did with no lefs
Conftancy and Application, after he was Judge, nny. Lord Keeper of
the Great Seal, than when he was a Student, or minor Pradifer. He
was alfo a dexterous Index Maker: If he procured any good Law
Book in Manufcript, which he thought worth the reading^ over, he
lertamly made an Index to it; but every notable Diiboverv, or Li^ht
m the Law, derived upon good Authority, he crowded into his folemn
Common-
I:
i
«i.
I
Mii^e Lord
(I
'I
If
w
9^ The LIFE of the late
Common Place Book. He would not rcfledl with himfelf that he had
once got, but now had lofl any Thing.
f 1 r> ^^^^^ ^^ "°^ ^^ ^^^ ^^^^^ Divifion of his Lordfliip's Life, which
' •' • commenced from the Time he was advanced to the Port of Lord
Chief Juftice of the Common Fleas-, and that was foon after the
Death of the Lord Chief Juftice Vaughan. Of this Preferment his
Lordfliip has left the following Note.
I^ord Chief Juftice without 7 I have mentioned that his Lordftiip
foliciting. J grew weary of the Attorney General's
Place, and why, and how much he defired a quieter Poft, and particu-
larly that of the Common Pleas. Now we have it intimated, here,
that his Defires were accomplifhed ; for, upon the Death oiVaughan^
the Chief in that Court, his Lordftiip was looked upon, on all Hands*
to be the fitteft Perfon to fucceed him. His LordOiip had but one
fScruple, which made him a little deliberate about his Acceptance;
; and that was the Difference of Profit ; for the Attorney's Place was
• (with his Practice) near Seven thoufand Pounds per Annum-, and the
.* Cufhion, of the C it was afked how
he could criminate the Common Pleas for that which his Court had
done, and continued to do every Day.
The great Difficulties, to be got over, were, firfl, to reconcile the
King's Interefl, and, next, the Lord Chancellor's. The King had
Fines upon the Originals, and the Lord Chancellor difpofed of the
Curfitors Places, that made them out. But his Lordfliip furmounted
them by fhewing that Care fhould be taken (and Orders, for that End,
were effeaually eflablifhed) that Originals fhould be filed where they
were neceffary, and they were not other wife filed before; and the Ac
Etiams fhould not take Place, but in fuch Cafes only where a Latitat
would ferve. So the Officers, or the Crown, did not lofe any Thing;
but, on the contrary, were like to be great Gainers by bringing in Flow
of Bufinefs into the Court, which would have that Effed. For what
•was got by forcing all Suitors to proceed by Latitat, which could
produce no Original, and fo decline this Way that, fometimes,
would produce them? And to fhew the Ncceffity of it, it was made
appear that, for the Eafe of Arrefls and Bail, even the Attornies of
the Common Pleas ufed the Kings Bench Writs, by dealing in the Names
of
Difficukies
therein fur-
mounted, and
Bufinefs cn-
rreafed.
■ft:
m
LORD KEEPER GUILFORD.
lOI
of the proper Attornies of that Court. I remember that, when this
Matter began to be formed in his Lordfhip's Mind, he thought of
ufing the Words nee non inflead of ac etiam ; and then the Writs, for
Diftindtion fake, fhould be called nee nons: But, at length, he thought
fit not to vary a Syllable; for, however, the Thing was the fame, the
different Sound would ferve to quarrel at; and, in captious Matters,
it is befl to give no Handles. I have walked over this Alteration of
the Common Pleas Procefs (which was wholly owing to his Lordlhip's
Invention and Formation, as it is now pradtifed) in an hiflorical ra-
ther than a legal Style. But it is not for want of a good Guide ; for
I have a complete Account of it together with, not only the hiflo-
rical Part but, all the Confults, Deliberations, and Comparifons of his
Lordfhip's, belonging to it, from his own Pen. And though it is of
that Kind which few, but profefled Lawyers, may comprehend, be-
caufe it falls upon Forms, and Terms of Law; each of which needs
a Gloffary to explain it: Yet the Matter and Confequence in his Lord-
fhip's Condudt, by whofe Skill it was eflablifhed, was too bulky to
be here let pafs in Silence. After this Procefs came into common
Ufe, it is fcarce to be conceived how the Court revived, and flourifhed j
being, inflead of Vacation in Term, rather Term in Vacation. So
large was the Encreafe of Trials, by nifi prius out of the Court, as
alfo of Motions and Pleas in the Court. Not a little of which En-
creafe was alfo owing to the Fame and common Opinion of his
Lordfhip's Juflice and Steadinefs in his Adminiflrations; whereby
Counfel would advife, and Attornies affuredly depend upon Succefs,
if their Caufes were found and good. Coils notal-
His Lordfhip made another Regulation, which, being buta Diredlion ^**"'^'! '^"*"^-
of the Court, without any folemn Adl or Order regifler'd, 1 will men- f,'"
tion here. The allowing Propriums to the Attornies, in taxing of
Cofls, was a very great Abufe : For, if they have their Bufinefs pafs
the Offices for nothing, it is Favour enough for them ; but if they
prevail and recover, fo that Cofls are to be taxed, and, in doing that,
the Officer allows them the Cofl of the Offices, which they never
paid, they gain by frivolous Suits : For, if they recover but i /. Da-
mages, or fnap a Judgment againfl a poor Man by a Turn of Art,
they fhall, not only have Cofls taxed for what they laid out, but for
what they did not lay out; which is clear Gains to them, out of the
Purfe of a poor Man, whether they had Reafon or not. This was
manifeflly theCaufe that Attornies multiplied Propriums ; out of which,
by meer Cofls, they made a certain Profit. His Lordfhip confider'd
this as an Abufe of the Privilege of Attornies, and would not permit
that they fhould have any Colls allow 'd, which they did not expend:
And fo the Court thought fit to declare to the Prothonotaries. But this
made almofl a Mutiny of the Officers and Attornies : The ktter are
always
.8
'
priums.
fit
If
m.
'il
fj.^
10^
Story of the
dumb Da v.
1
The LIFE of the late
always Favourites of ths former, becaufe they bring Grid ; and they
clamourM, laying that this made the Privilege of the Attorney become
the Privilege of the Adverfary ; and that it indeed deftroy'd their Pri-
vilege; and that, if one Party muft gain by the Allowance of it, as
formerly, it is more reafonable it (hould be the Attorney, than the
other Party. To tliis it was anfwer'd, that if the Attornies were
weary of their Privilege, ths;y might quit it, and be upon the Square
with other Men. But if the Court finds their Privilege turns to a
common Nufance, it is high Time to take it away. So it flood in
his Lordlhip's Time: I know not how it hath gone fince, whether
they have prevail'd to get this good Order antiquated, or not \ nor doth
it much concern my prefent Defign.
There was an Incident, that happen'd not long after his Lordfhip
came into the Place of Chief in that Court, which though, in itfelf,
and in the End of it, ridiculous, yet, being an Affront to the Court,
and in particular to the Lord Chief Juftice, and by the whole Bar of
Serjeants, all in a Lump together, ought to be related, as I (hall do,
really as it was adted by them. It hath been the Ufage of the Kings-
Bench^ at the Side Bar below in the Hall; and of the Common Pleas,
in the Chamber within the Treafury, to hear Attornies, and young
Counfel, that came to move them about Matters of Form and Pradice.
His Lordfhip had a younger Brother, * who was of the Profeflion of the
Law. He was newly call'd to the Bar, and had little to do in the
King S'Bejich y but the Attornies of the Common Pleas often retained
him to move for them, in the Treafury, fuch Matters as were proper
there, and what they might have moved themfelves. But however
agreeable this Kind of Pradlice was to a Novitiate, it was not worthy
the Obfervation it had ; for once, or twice a Week, was the utmoft
Calculate of thefe Motions. But the Serjeants 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 fuppofed it
was high Time to put a Stop to fuch Beginnings, for Fear it might
grow worfe. But the Doubt was, how they (hould fignify their Re-
fentment, fo as to be effedlually remedial. At length they agreed, for
one Day, to make no Motions at all ; and Opportunity would fall for
(hewing the Reafon how the Court came to have no Bufinefs. When
the Court (on this dumb Day, as it was called) was fat, the Chief
Juftice gave the ufual Signal to the eldeft Serjeant to move. He
bowed, and had nothing to move : So the next, and the next, from
End to End of the Bar. The Chief, feeing this, faid Brothers, I think
ive muft rife ; here is no Bufmefs. Then an Attorney ftep>^ forward,
and call'd to a Serjeant to make his Motion ; and, after that, turned
'' Ro^^r, the honourable Author of this Work.
ta
LORD KEEPER GUILFORD. ,03
to the Court and faid, that he had given the Serjeant his Fee and In-
flrudions over Night, to move for him, and defired he miUt do it
But profound Silence ftill. The Chief look'd about, and afked What
was the Matter F An Attorney, that ftood by, very modeftly faid
that he feared the Serjeants took it ill that Motions were made in the
treafury. Then the Chief fcented the w^hole Matter j and Brothers
faid he, I think a 'very great Affront is offered to us, which we ou^ht
for the Dignity of the Court, to re/ent. But that we may do nothin'^
too Juddenly, but take Cofif deration at full Leifure, and maturely itt
us now rife, and to Morrow Morjiing give Order as becomes us And
do you Attornies come all here to Morrow, and Care fhall be taken for
your Difpafch -, and, rather than fail, we will hear ycu, or your Cli-
ents, or the Barrijiers at Law, or any Perfon that thinks fit to ap-
pear in Bufinejs, that the Law may have its Courfe ; and fo the Com
rofe. This was like Thunder to the Serjeants ; and they fell to quar-
relling, one with another, about being the Caufe of this great Evil
they had brought upon themfelves : For none of them imagined it
would have had fuch a Turn as this was, that fhaked what was the
Palladium of the Coif, the fole Pra^ice there. Li the Afternoon
they attended the Chief, and the other Judges of the Court and in
great Humility, own'd their Fault, and begged Pardon, and that no
farther Notice might be taken of it 3 and they would be careful not
to give the like Offence for the future. The Chief told them, that the
Affront was in Publick, and in the Face of the Court, and they muft
make their Recognitions there next Morning, and in fuch a Manner as
the Grcatnefs of their Offence demanded; and then they ftibuld hear
^u'^r ^i^^^^^^'i ^7"^^ % fo them. Accordingly they did ; and the
Chief firft, and, then the reft, in Order, gave them a formal Chiding
with Acrimony enough ; all which, with dcjtded Countenances they
were bound to hear. When this Difcipline was over the Chief
pointed to one to move; which he did {as they faid) more like one
crying than Speaking: And fo ended the Comedy, as it was aded in
tVeJlminftcr'tiall, called the dumb Day.
His Lcrdftiip was exceedingly troubled with the Importunities of r.ccoverv oi
great Men. As, for Inftance, the Lord Bruce, who had married the ^"^''•^^^' '
Sifter and Heir of the Duke of Somerfet, and the Lord IViUourrhbx
wno married Mrs. Wynn, and diverfe others, whole Eftates were feN
tied, and their Sons Tenants in Tail vefted. Thefe Perfons impo-
tuned him to give Way that privy Seals, to enable thefe Heirs to join
in common Recoveries for barring the Entails, mieht take Effedt • and
that Recoveries, under Colour of thofe privy Seafs, miaht be Pilow'd
to pafs in Court. Several of them had petitioned hi? Mn'cftv and
had References to him depending. But his LordHiip was "ib Pverf-
or rather pohtive to the contrary, that thcv defifted. He allcdacd th.ir
if
104
II i
1-1
ii?«''
I
I.
Mr::'.
Fines of In-
fanis.
Tbe LIFE of the late
if a Guardian, regularly alTign'd by the Court to plead for the Infant,
would let a Recovery pafs, they had nothing to fay to it. Their only
Care, in fuch Cafe,' was not to admit a Guardian irrefponfible; for
the Infant had an Ac'l:ion, or an Account, againft fuch Guardian, as
for a Breach of his Truft; but no Perfon of Value was willing to
venture that, x^nd as for the Opinion that a privy Seal, if the Court
allow'd of it, would take away the Error, and that a Suit, for Amends
to the Infant, would not lie againft the Guardian, or that a Guardian
that was a Beggar, might be affigu'd, they would all fail them j for
the privy Seal alter'd no AlTurance, nor Right, and imported only that
the King would not punidi his Judges for the Mifdemeanor: And,
perhaps, not that neither ; for an illegal Licence, to the Injury of a
particular Perfon, is void, even againft an Indicftment. And, faid his
Lordftiip, either fuch Recovery of an Infant is lawful or not. If
lawful, it ought to be let pafs by the Judges, without more ado ; and
if it is not lawful, the King ought not to be troubled about it.
His Lordfhip was not fo utterly againft this Practice, without Reafon ;
and that fettled upon great Deliberation, and Confultation of former
Attempts and Proceedings. For, his Lordfhip had caufed Searches to
be made for Precedents of Recoveries of Infants by Guardian, and
had a long Lift returned him. It would be well if the Judges of the
Law, in all Times, fworn to adt according to Magna Charta, as ia
the Place of Majefty, nulli negabimus, nulli differemus Jufiitiam,
would be as careful of the Rights of the Subjedt, according to Law,
as his Lordfliip was. What is here alledged of Recoveries of Infants,
is a fignal Inftance, on his Part, that he preferred the Duty of his
Office to all Intereft at Court: And, in fuch Cafes, the Courtiers are
often furious and (according to the Dodrines there) criminative againft
the Judges, that are not eafy, as being morofe, ill bred, and difre-
fpedtful, and fcarce to be endured in their Places. But Comparifons
of Times, Perfons, and Things, however juft, are, for the moft Part,
invidious ; therefore I carry this no farther, but proceed to another
eminent Inftance of his Lordftiip's religious Punduality in the due
Performance of the Duty of his Office, wherein any Perfon, in the
World, was, or might be, confequentially interefted, or concern'd.
And I have heard him fay, more than once, that he would have it in
\ his Power to fwear upon his Death Bed that, in all his Employments,
and Trufts, he never knew any Thing out of Order, which he did
\ not endeavour to fet right as foon and as well as he could.
^ The Lord Chief Juftice of the Common Pleas, by Virtue of his Of-
fice, takes Recognitions of Fines, out of Court, which are afterwards
recorded in Court. But the other Judges do it by Virtue of a Dedimus
Pote/latem ; but only their Caption is return'd and recorded without
^ Oath;
4
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'-iff
10
LORD KEEPER GUILFORD.
Oath : Whereas, where the Dedimus is to ordinary Perfons, it is re-
turn*d upon Oath : Unlefs, as they fay, there be a Knight in the Com-
iniffion ; and, in that Cafe, it comes in without Oath ; which, by the
Way, being fo, is a fair Pathway to Frauds as to Infants and feme
Coverts. But this Advantage of the Chief Juilice brings more Fines,
in and about London, to be taken by him ; and he hath a Clerk called
his Clerk of the Fines, There are, fometimes, Frauds in the undue
Captions and Returns of Fines, which are of great Confequence to
Mens Titles ; and although a Fine be never fo fairly enter'd and re-
corded, yet, if, upon Complaint, and liearing of Parties, it be found
to have paffed unduly, the Court vacates the Fine, as if none fuch
had ever been. And, particularly, the Chief Juftice, knov/ing of any
fuch Abufe, by what Means foever it is, ought, ex Officio, to call the
Parties, and, after due Examination had, do right. New, when a co-
vetous, or needy Man, hath Occafion for his Wife's Land, to alien, or
to referve for himfelf, and it happens that the Woman is under Age,
and cannot, regularly, fetde, then the Trick of a furreptitious Fine is
tried. And there is a ftrong Temptation to it; which is that, if the
Woman dies before a Fine levied, her Eftate goes away; but if her
Fine pafs during her Minority, and ffie lives to be of Age, all is fafe ;
for, after full Age, a Writ of Error doth not lie, for the Caufe of In-
fancy, to reverfe any Fine: And that for a very odd Reafon, viz.X.h?x
Infancy is to be tried only by Infpec^tion of the Perfon, which cannot
he done after full Age: Therefore, unlefs a Man gets his Wife's Fine
during her Minority, he runs the Rifque of her Death before. But
yet, even after the full Age (as I take it) if the Court, upon Examina-
tion, find a Fraud in the Commifiloners, and that tlie Party was really
under Age at the Time of the Caption, they will vacate the Record
of the Fine, as unduly obtain'd and enter'd, though a Writ of Error,
in fuch Cafe, could not be brought to do it.
It happened that his Lordftiip came in the Way of a Difcovery of Fin^^ varatc<
the like Fradtice in two Cafes. One of them was from a Slip in the ^<'^^"^'^"^''
Difcourfc of an intimate Friend, who was, at vacant Times, fcldoni
^bfent from him. This Perfon was told (inadvertently) by a Gentle-
man of Value, that he had obtain'd of his Wife, an Inheritrix, a
Fine during her Minority ; and he (more unthinkingly) fpoke of it in
his Lordfliip's Hearing : And, after this, no Intereft, or Entreaty, would
prevail with his Lordfhip to pafs it by; but he immediately fent his
Order for the Gendeman, his Lady, and the Commiffioners, to attend
in Court, and, upon hearing all Parties, vacated the Fine. If the
Lady had died before her full Age, the Eftate had gone away ; but flie
lived to levy another Fine; and, fo, no Harm was done, but only the
'Difgrace of having plaid a flilfe Trick to no Purpofe. And he did the
O like
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like in another C-^k, which he catched a Knowledge of by like AccI-
dent. So rigorous was he to his Purpofe, I touched before, -jiz. Nit
confcirc f.bi.
And, as for Fines thcmfelvcs, they are no other than an Accord of
a Law Suit enter'd among the Ads of the Court upon Record ; and,
now, as well by the Tenor of them, as by Ulage, and certain Statutes
interpofing, they are become a common, and the firmefl, Afliirance of
Lands. The ufual Import of them, for AiTu ranee of Freehold, is a
Cognifance of Right founded upon fome lcg:il Conveyance, prefup-
po^d; which implieth an antecedent Fcofment ; and therefore a Fine
is called a Feofment upon Record. This Courfe is the moft ancient
of any in our Law, and is coeval with the County Court, which was
the ordinary Court of Jullice, in the Times before the Conqucfl. It
was, then, a common Pradice to recognife Deeds, Concords, and laft
Wills there ; which being enter'd in the Ad^s of the Court, or wrote
in the Margin of God's Book (the Mafs Book, or of the Bible itfelf)
was irrefragable; as who will may fee in the learned epiftolary DilTer-
tationofthe Reverend Dr. ///V/^5, in his great TZj^^/zr/zj. But, after the
Ari?r;;;*7« Conqueft, when the King's Courts were eftablKhed, andTitles^
of Lands, which were feudal, only triable there (for Freehold, at this
V>xv^ ouds the County Court of Jurildldion) after the older Ufage of
recognifing in the County Court (then deprived as to Land) they came
to recognife in the King's Court of Common Pleas ; but it muft be
with royal Leave, and paying to the King a Fine for the Liberty of
agreeing: Becaufe, if the Suit had gone on, the Party, in the Wrongs
was to %e amerced. Then, after the Licence adlually obtained, and
the King's Silver paid, without which the Concord is no Fine, the
Fine is perfeded, though, in fome other Refpeds, deficient. Hence,
as I take it, the Concord is call'd a Fine levied, and not becaufe it is
I'inh Llttum. I have here but touched fo much as I am apprifed of
the ancient Hiftory of the Law, as to Fines, in Conformity to what
his Lordfliip ufed to recommend to his Friends, who were Ibadiouily
inclined ; encouraging the Speculation of Originals, or the Hiftory of.
the common Law ; as will be (hewed in proper Place.
^hile his Lordihip fat as Chief in the CommoJi Pleas, he, and the
Proj't'ft of the other Judges, were exceedingly troubled with a very impertinent Pro-
Creen Wax. '^^^^^^ q^q Bnaijkill, who pretended to make great Improvements to
the Crown, by the Revenue of the Green Wax ; which is that which
comes, or ought to come, into the Exchequer, by Eflreats from the fe-
veral Courts of Juftice, and confifts of the Mulds of Jurors for De-
fault of Appearance, and other Mulds, which are fent from thence
down in Schedules, under a Seal of green Wax, by way of Warrant,.
to the ShecifFs and Bailiffs of Liberties, to be levied. His LordQiip^
(aadr
BrunfiiT^
107
LORD KEEPER GUILFORD.
(and the Judges) being tormented with References, from the Court
and the Trealury, about a Patent which this Brunjkill was fuing out
concerning this Revenue, applied his Thoughts chiefly to it, that he
might be able to anfvver thofe great Men, who (as in all rafcally
Projeds, which come with Pretence of great Gains, and are little un-
derflood) from behind the Curtain, folicited the Projed, and were to
be Sharers in it. And, having fearched all Corners to find what had
pafTed formerly in that Matter, and dellgning thoroughly to expofe
the Vanity, or rather (with Refped to the Quiet of the People) the
Peflilence of it, he left in Writing, what he was pleafed to entitle, ^In
Jlijlory of the Green Wax j and it is fufficient to inform any one that
is dcfirous to underfland the Walks this Projed huh had, and the true
Intrigue of it. But in Regard I find a Paper of his Lordfliip's upon
the fame Subjcd, which I prefume was wrote more early, in order to
an Aver fome great Man's Importunity, I Ihail fubjoin that herej
which, for the prcfent, may give an Account fitisfadory enough.
" The Green Wax was in the Survey of one Mr. Aram, when Sir Accoant of i:
** Robert Hoivard held the Farm of it, who appointed the btfl Men he t^y^'s LorjiMi.ii
LORD KEEPER GUILFORD.
X09
kept as a Garden, with frequent digging, weeding, turning, ^c. That,
which, in one Age, was convenient, and, perhaps, neceflfary, in an-
other, becomes an intolerable Nufance. His manner was, as any x^bufe,
or Regulation, came in his Mind (of which very many, from the
Multitude of Bufinefs, that pafled him, muft happen) he fet it dowa
upon fome By paper, or Book, he ufed for noting. And then, upon
a fecond View, and Reconfideration, he digefted his Thought, and
brought what he had fo digefted, into the Form of a Tradt, and thereon
defigned to prepare Ads of Parliament, as he had Encouragement and
Opportunity. He had a great Hand in the Statute of Frauds and
Perjuries, of which the Lord Nottingham faid that every Line was
worth a Subfidy. But, at that Time, the Lord Chief Juftice Hales
had the Pre-eminence, and was chief in the fixing that Law: Although
the urging Part lay upon him, and I have Reafon to think it had the
firft Spring from his Lordftiip's Motion. For I find in fome Notes
of his, and Hints of Amendments in the Law, every one of thofe
Points which were there taken Care of; and diverfe other Matters,
which he fet his Mark upon, have fince been regulated by Ads of
Parliament exprefs.
He was extremely defirous that a Regifter of Titles to Land (hould His Lordrhip
be fettled, and he worked ferioufly upon it. There were frequent J^^'^^^^'.^x^
Attempts in Parliament to eftabliih one; but none ever was prefented
to them tolerably digefted; and fo they came to nothing. And be-
fides, the Matter being a Subjed of great Skill, as well asForefight,
in the Law, the Gentlemen of the Country are afraid, and hearken
to the learned as when they fettle their Eftates; and fuch learned
Gentlemen, admitting they were willing to it (as they are reputed,
for the fake of Intereft in Pradice, not to be) they would be fcru-
pulous enough; but, being. averfe, they raife a Mift of Scruple upon
every fuch Bill, and reprelent the Poffibility of Frauds in the Offices
to be fo dangerous to Men's Titles, that the Country Gentlemen,
who do not take upon them to j^-dge, and will truit nobody, fly
back; and there falls the Bill. And fo it will ever be until they
truft fome Perfons with the Condud of it, who are capable and wil-
ling to promote it. For, as to the tremendous Frauds, that are (o
much exaggerated by fome, I muft needs alledge that Records of every
Court of Juftice are obnoxious to ten Times more ; and if thofe Courts
were now to be iettled, no Man could ng;ree to fuch Looicnefs of
keeping Records, that concern Mens Eftates, as there is to be obfer-
ved: And yet they do the Work they v/ere inftituted. for; and fo
would Rcgifters,. if they were once eftablilhed. As, for Inftance, the
Regifter of the FeriS hath not had one Fraud exercifed upon that Of-
fice fince, by the Ad for dividing; tlie crreat Level, it v/as ereded.
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My Lord Chief jnftice Haks had turned ths^t Mtiiter in his
Thoughts, and compofed a 'T'rcatiie, not fo much againft the Thing
(for he wilhcs it could he) as againft the Mar.ner of eflabhfliing of
it; of which he is not (luisfied, but fears more Holes may be made
than mended bv it. My Lord Ciiief Juftice North, on the other
Side, thought that it was not only practicable, but ablblutely neceffa-
ry, and, if it were not done, that L'orgery would foon be the bcfl
Trade in England. That ufed to be his Exprcflion.
' And becaufe fome ufed to fay that Forgeries were not frequent, or
that they were commonly unfuccefsful, becaufe, on careful Exami-
nation at Trials, they were, for the moft Part, deteded; he bethought
himfelf of all the fuccefsful Forgeries that came to his own Know-
ledge, or that he really thought to be fo in the Courfe of his Bufi-
iiefs; and of them he made a Lift. The modern Way of Convey-
ancing is fo private that no wife Man, be he never fo careful, can be
aware of it; and his Lordftiip thought the Law ought to be fo fettled
that a wife and careful Man might be fure of his Title, whatever be-
came of the fupine and negligent, and that the old Rule is true, ^v^-.
^od vigilantibus & non dormientibus olroeniunt leges. That is, that
Laws are made for the Benefit of thofe that are watchful and dili-
gent, and not of the carelefs and negligent.
After his LordQiip's Death, I found, among his Papers, fevcral
Draughts of Adts of Parliament, which he had prepared to put for-
ward as Opportunity offered. By thofe I perceive his Intent was not
to croud into one Bill many Matters ; but to pafs them in feparate
Bills, for readier Difpatch in the two Houfes. Elfe, any one Matter,
•of long Debate, retarded all the reft upon which no Qiieftion was
made. If the Gentlemen of England in Parliament would find in
their Hearts to truft fit Perfons, as the Chiefs of the Law for In-
ftance, (who, by their publick Stations, are anlwerable to all Mankind
for their Behaviour) taking whom they would to their Affiftance, and
a6t, debate, and hear in Public; to draw up a Law out of Particulars,
as the ancient Way was, and then, unlefs grofs Miftakes are fliewed,
to pafs it upon their Authority, there would be fome Hopes of an
cffedual Regulation, in a Multitude of Particulars that all agree need
-it. And it is believed that the Vetera Statuta, or ancient Laws were
fo made, by the Judges and great Men, in Vacation of Parliament,
either purfuant to Petitions, before, or afterwards, authenticated there ;
otherwife they could not have been framed fo orderly, concife, and
proper as they are. I muft not enlarge upon thefe Subjedls here,
left I anticipate the proper Place of them, or, what is worfe, repeat
when I come there.
But,
LORD KEEPER GUILFORD. m
Bift, as to his Lord{hip*s Method of trying Caufes, in which his Ju- Endured no
fticc was moft confpicuous, it may be well conceived that he, who, Cau^f^rdc^^
as, a pleading Counfel, had run through the whole Courfe, and had pending.
aU poflible Experience of that Practice, and being, withal, capable
and upright, as he was, coming to fuperintend others, muft needs be
^ Mafter Workman. Who fo fit to command in the Place of General,
as he who had trailed the Pike, and was, afterwards, through all the
Services of War, advanced to the Poft of Chief? In the firft Place, he
would not endure that, in private Converfation, with, or about him,
any one Ihould fpeak of Caufes depending in his Court. It was faid*
of a great Mafter of Painting, Lel)\ that he would not willingly fee a
bad Picture ; for he never look'd upon one, but it tainted his Pencil :
So there can be no Difcourfe of a Controverfy, which doth not leave
a Tinift of Prejudice. A Man cannot read of fuch Matters, nay,
overlook Gamefters, without entering into Party. Juftice therefore
ftiould be deaf, except in the Seat, and blind there. Sometimes, very
great Men would be fo overfeen, as to fpeak to him of Caufes, whom,
he could not (light ; and, to fuch, his Carriage was paflive, ftiewing Re-
fped:, but faying nothing, or what fignified as little; and he ever fuf-
pevfled a Caufe that ufed fuch Means, and hath often refleded on them in
Court. The * Gentleman, whom hisLordftiip favour'd to be almoft con-
tinually in his Converfation, and even to ride with him, in his Coach, .
tQ and from his Courts, when he fat upon Trials, had the Honour of
his Lordfhip's exprefs Declaration that, /;; all the Conrje of his Pra^
6fice under bim^ he never [poke privately oj any Caufe depending:
Which, confidering the conftant Society, and Familiarity, few would ^
imagine ; but I can affirm it to be critically true.
Next, in his Lord{])ip*s Conduit of Trials, he was very careful of Conduft In
three Matters, i. To adjuft what was properly the Qiieftion, and '^''^^^*
•to hold the Counfel to that ; for he, that has the worft End of the
Staffs, is very apt to fling oft" from the Point, and go out of the right
Way of the Caule. 2. To keep the Counicl in Order; for, in Trials, .
they have their Parts and their Times. His Lordihip ufed frequently
to inculcate to Counfel the Decorum of evidencing Practice. 3. To
keep down Repetition, to which the Counfel, one after another, are
very propenfe; and, in fpeeching to the Jury, one and the lame Mat-
ter, over and over again, the Wafte of Time would be fo great that,,
if the Judge gave Way to it, there would fcarce be an End ; for moft
of the Talk was not ib much for the Caufes, as for their own Sakes,
to get Credit in the Country for notable Talkers. And hisLordfl^ip
often told tliem. that their confufed Harangues difturbed tlie Order of -
f
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His: Brother Rogfr^ the honourable Author of tliis Work..
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1 14
Of a comical
Acrion,
brt)u_t;rit by
The LIFE of the late
would prove the Cook paid off to 1677, and gave him Iils Acquit-
tance. The Cook flarted fortii from the Croud ; :indy My Lord (faid
he, very quick and earned) / was paid but to 1676. At that Mo-
ment his Lordlliip concluded the Cook faid true; for Liars do not
life to burft out in that unpremeditated Manner. This was one of
his Lorddiip's Marks, whereby he judged of Mens Sincerity ; and it
fcldom fail'd him. Having therefore this Opinion of the Fad, he
eyed the Acquittance thoroughly, and law jj as plain as could be ,
He afked the Cook, again and again, if he was fure ; to fee if he
would ftammer or hefitate, as Lyars will often do ; but his Anfwer
was blunt and pofitive, as before. Then his Lordfliip, in the Niji
Prius Court in London, fitting under a Window, turn'd round, and
look'd through the Paper againfl the Light j and fo difcover'd plainly
the lafl Figure, in the Date of the Year, was 6, in Rafure ; but was
wrote feven with Ink. He made the Jury look through it, as he did ;
and the Caufe was, in that Point alfo, determined for, which, elk*,
had gone againfl:, the poor Cook. The Moral, of all this, may be
that Falfity is never fafe.
Mr. Serjeant Maynard had a Mind to punifh a Man who had voted
againfl his Interefl: in a Borough in the /F^//, and brought an Adion
againfl: him for fcandalous Words, fpoke at a Time when a Member,
to ferve in the Houfe of Commons for that Borough, was to be chofen.
And, after his great Skill, he firfl: laid his Adtion in the County of
Middlejex : And that was by Virtue of his Privilege, which fuppofes
a Serjeant is attendant on the Court of Common Pleas, and not to be
drav/n from the County where the Court fat. And then, in the next
Place, he charged the Words m Latin, that, if he proved the Effed:,
it would be fufficient; whereas, being in Englijh, they mufl: prove the
very Words to a Tittle ; and thofe were a long Story that ufed to be
told of Mr. Noy, and all the Cock Lawyers of the Weft, And this
was tried before his Lcrdfhip at the Nifi Prius, for thcCommon Pleas
for Middle/ex, The Witnefs, telling the Story, as he fwore the De-
fendant told it, faid that a Client came to the Serjeant, and gave him
ii Bafket of Pippins, and every Pippin had a Piece of Gold in it.
'fljo/e were Golden Pippins, quoth the Judge. The Serjeant began to
puff, not bearing the Jefl: : So the Witnefs went on. And then, fliid
he, the other Side came and gave him a roafling Pig (as it is call'd
in the Weft) and, in the Belly of that, there were fifty broad Pieces.
Thafs good Sauce to a Pig, quoth the Judge again. This put the Ser-
jeant cut of all Patience ; and fpeaking to thofe about him, 'This, faid
he, is en Purpofe to make fne ridiculous. This Story being fworn,
x'i^iz Judge directed the Jury to find for the Serjeant ; hut in the Court,
the Judgment was arredcd,' becaufe th.e Word^ were but a Land Story,
and
115
LORD KEEPER GUILFORD.
and went, as mere Merriment, over Ale, without Intent to flander.
Such Bittcrncfs flows from the jower Spirits of old pretended Repub-
licans, It had been Vv^ell if no other Lillances, but fuch as this, were
extant to fliew it. This happen'd when I attended ; and fo, know
the Matter to be, as above, literally true. But it is Jiard to 'believe
that fuch a poor Revenge could have been put into Adt by fo great a
Man. And I fliould almofl: diflrufl: myfelf, if I had not been Par-
taker of a more wretched Come-off with the fame Perfon -, which 1
fhall relate ; conceiving it to be full as material to fhew little Things of
great Men, as great Things of little Men. One Afternoon, at the
Nift Prius Court of the Common Pleas, in We/lminfter-Hal}, before
the Judge flit, a poor, half-flarved, old Woman, who fold Sweet-
meats to Schoolboys and Footmen, at the End of the Bar, defired the
Serjeant to pay her two Shillings, for keeping his Hat 'two Terms
She fpoke two or three Times, and he took no Notice of her ; and*
then, I told the Serjeant, the poor Woman wanted her Money, 'and /
thought he would ^ do well to pay her. The Serjeant fumbled a lit-
tle, and, then, faid to me, Le?id me a Shilling, Ay, with all my
Heart, quoth I, to pay the poor Woman, He took it, and gave it
her; but flie aflced for another. I faid, / would lend him that alfo
to pay the Woma?!, No, don't Boy (faid he)y^r I never intend to pay
you this. And he was as good as his Word ; for, however he came
off with that Woman, having been, as they fay, a wonderful chari-
table Man, I am fure he died in my Debt. But, in this Manner fas
I guefs he intended) I fl:ood corrected for meddling.
This great Man, as I mufl: call him, fince his natural and acquired of his R
Abilities, and the immenfe Gains he had by Pradice, juflly entitle his •^°''' ""''
Name to that Epithet, was an anti-Refl:auration Lawyer. In 1684 ^'^^'''
I heard him fay in the Court of Cha?icery, of a Caufe then at hear-
ing, that he was a Counfd in that Caufe in the Year 1643 His
Name is in Crook's Reports, in 3 Car. His Adions, in the' rebel-
lious Times, made the Ad of Indemnity fmell fweet. And after-
wards, he had the Cunning to temporife, and get to be made the
King's ddefl Serjeant ; but advanced no farther. His Lordfliip mufl:
needs have much Converfation, as well as Intercourfe in Bufinefc with
this eminent Pradifer in the Law; but, as in other Cafes of adverfe
Party-Men, fo, here, there could be no cordial Friendfliip bctwe^^n
them; but a fair and reafonable Correfpondence there alwav-^ w.^^
The Serjeant ever took in with Proceedings thar ^aligned his Lord- '
Ihip; but he never outwent DIfcretion, fo fir aj^ lome did, to appear'
diredly, and nominally, againft him, which r: ail have certainly re-i
icinded all Kind of Correfpondence. When his Lordfliip fat in tlie
Chair of the Common Pleas, he pradifed under him, and had alwavs
P 2 ' the
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the Refpea due to his known Abilities. But though the Serjeant ne-
> ver fail'd to conform to all Things required of him in Publick, as
I Oaths, and Tefts, &c. yet, for all that, he continued a Favourite in
the Pr^/Z'v/mtfw Congregations ; and is at this Day, among them, ex-
toll'd as a Saint, and his wonderful Charities, and other good Works,
related : And, to give him his Due, he was, to his laft Breath, at the
Bottom, true, as Steel, to the Principles of the late Times, when he
firft enter'd upon the Stage of Bufinefs. And, whatever we, that were
frequently at his Elbow, knew of his Saint-like Adminiflration of him-
felf and his Wealth, it is fit to be filent, becaufe we fhould not fpeak
ill of the Dead. And, in that Tendency, I (hall only obferve farther
"of him that he pradifed before his Lordfhip in all the King's Courts
where he had fat as Judge ; and, being an artful, as well as learned.
Lawyer would lay notable Snares ; but, when difcover'd, never per-
fifted but fat down 5 and, for the Decorum of Bar Pradice of the
Law,' was an excellent Pattern, and held a fair^ Correfpondence, and
ufed 'a decent Refpedt towards his Lordfhip all his Time.
, a ■ y. Now it is high Time to bring his LordOiip forward, into that Part
Iveft of his Office that requires him to be a Judge in the Country Circuits;
which is all the Shadow we have of the ancient Iters, which now,^
are reftrained to the Crown Law wholly, except the Commiflion ot
Affifes and Mfi Prius, which come in by Statute Provifion. But, an-
ciently the Judges Itinerants were for all Pleas which, after the Con-
qaeror'had taken Cognifance of the Debts of the Laity to his own
Court was a great Eafe to the Country, who, for their greater Mat-
ters muft have follow'd the King's Court, wherefoever he might hap-
pen' to be. His Lordfliip had no Charge of determining capital Of.
fences, but here; and that was one Thing which made him efteem
his Office in the Common Pleas fo much : Whereas the Chief Juttice
of the Kin^'s-Bench hath almoft continually that Kind of Work upon
his Hands. He made the Weflern Circuit his Choice; not for the
common Caufe, it being a long Circuit, and beneficial for the Officers
and Sc. vants, but becaufe he knew the Gentlemen to be loyal and
conformable, and that he fhould have fair Quarter amongft them
And in that, he was not miftaken ; for, after a few Circuits palTed
over' they found his Meafures and their Defiresconfonant in all Tnings;
whereby he became not only well accepted, but did alfo contradt a
Sort of Alliar r.^ and ftridl Friendffiip with much the greater, and
moft confiderable, Part of them. And that Interell flood him in good
Stcui in Ti-^^e of Need : For fo confiderable a Body, and fo united,
as the n\jiern Gentlemen in Parliament were, did fo firmly enlconce
him thit his Enemies could never yet get a clever Stroke at him.
D" ^Mew late Bilhop of IVincbeJier, whom (from a black PlailUr, he
always
LORD KEEPER GUILFORD.
II
always wore on his Cheek, to cover a Place where, in the late Wars,
he had been wounded) they call'd Patch, in his ftifF Way, ufed to
fay that the Lord Chief Juftice North v/as Delicia Occidentis, or the
Darling of the Wejl. But once his Lordffiip, and all of us of his
Train, had like to have come off but poorly at Exeter Affifes. It was |
well for us that we were known there, or to Pot we had gone. It!
will be guefs'd that fomething comical is coming; and really fo it is, \
and fell out thus. There was one Mr. Duke, a bufy Fanatic, whom I
old Sir Edward Seymour, Father of the late Speaker, ufed to call Spirit
Po', that is, a petit Diable, that was Prejio at every Conjurer's Nod.
He was a common Runner up and down on fadious Errands ; and
there could not be a Meeting in the Country, for Bufinefs or Mirth,,
but Spirit Po was there. This Gentleman, with irrefiflible Importu-
nity, engaged the Judges to take a Supper, and lie at his Houfe in
the Way to Exeter. It was impoflible we could reach fo far that
Night; and his Lordfhip was not averfe to feeing Variety of Gentle-
mens Seats in the Country; and that was (juflly) reputed a neat one:
So, little fufpeding what happen'd, we complied. All Things, but
one, were well; and that was very unexpeded and rude. The Gen-
tleman had not the Manners to engage the Parifh Minifler to come
and officiate with any Part of the Evening Service before Supper ; but
he himfelf got behind the Table in his Hall, and read a Chapter, and
then a long-winded Prayer, after the Pre/byterian Way. The Judges
took it very ill, but did not think fit to affront him in his own Houfe.
Next Day, when we came early in the Morning to Exeter, all the
News was that the Judges had been at a Conventicle, and the Grand
Jury intended to prefent them and all their Retinue for it; and much ^
Merriment was made upon tliat Subject.
Befides feeing the moil confiderable Seats of the Nobility and Gen- The c.3 of
try, in the Countries where he went; which, to fay Truth, he could ^^^.^j^/^
not well avoid, being fo much invited, and nobly entertain'd as he
was; not more out of the ordinary Refpedt paid to Judges, but as one
of iiis Majtfly's befl Friends, and whom they regarded, not more on
Account of his Quality, than for his perfonal Charader and Qualifi-
cations, which had entitled him to their Efleem and Friendffiip. His
Lordffiip took the Opportunity to join thereunto an Infptdion of fuch
Curiofities as were famed in the feveral Countries he pafied thorough ;
as, in particular, the Cob at Lyme, a fmall Port in Dorjetfiire, that
is fituate in the Cod, (as they term it) of a Bay, where there was no
River, or Land- Lock, provided by Nature to prevent the certain Lofs
of Ships at Anchor there; and, of all Places upon the Coafl oi Eng-
land, leafl to be fufpeded for a good Port: But Art and Induf^ry will
do Wonders; for all the Requifites of a fafe Harbour are fupplied by
tills
m
ii8 The LIFE of the late
tills Ccr, The fnull X'elTcls, which fcrvc the Trade of the Town,
conlilliiig cliiefly in Woollen ManufiiCliire of that Country, carry on
tlie Trade outwards; which is very beneficial. And, in that Refped):,
King Charles II. allow'd, out of the Cuftoms of that Port, loo/. per
Anniun towards the Charge of maintaining the Col\ But whether
the fime be continued or begg'd off, I know not. His Lordfl^ip had
the Compliment of a Ship Nlafter, who clear'd his VelTel, and came
X.0 an Anchor without the Coh^ and invited him to come on board
and take a Turn at Sea ; which he accepted, and we went on board
and, weighing Anchor, flood Welt about an Hour and a Half, and
then returned and landed at the Cob\ and furely a moft delicious Turn
it was, for the Weather f^wour'd us. The Cob is a Mole built in the
Sea, about two Furlongs from the Town, and named from the Cob-
ble Stone, of which it is compiled. There is not any one like it in
the World: For though it is an immenfe Mafs of Stone, of the Shape
of a Demilune, with a Bar in the Middle of the Concave, no one
Stone, that lies there, was ever touch'd with a Tool, or is bedded in
any Sort of Cement ; but all, being Pebbles of the Sea, are piled up,
and hold by their Bearings only, and the Surge plays in and out,
through the Interftices of the Stone, in a wonderful Manner. That
this muft often decay, is certain ; for the beft cemented fquare Stone
will fcarce hold againft the Surge. But there is Warning enough to
alarm the Town to repair, and, thereby, to prevent any great Ruin
of it \ for, fometimes, a Swamp will appear in the flat Top where
they walk ; and, when that is perceived, they go to Work, and take
down all that Part, and build it up from the Bottom ; and nothing
lefs will prevent the Downfal of much more, fooner or later, as the
Seas rage more or lefs againfl it. And it may happen that fome new
Foundation Stones are to be laid. Thofe are of the largefl Sort that
can be got ; and they fearch them out upon the Coaft, and, mount-
ing them upon Cafks chain'd together, with but one Man mounted
upon them, he, with the Help of a Pole, conducts it to the Place
where it is to lie; and then, ftriking out an Iron Pin, away go the
Calks, and the Stone falls in its Place. The VefTels of Burthen are
loaden and unloadcn by Horfes, turning and returning upon the Sand,
between the Cob and the Town: And they have no Drivers, but are
charged with Bales (for Inftance) at the Warehoufe, and away they
trot to the Ship Side, and fland fair, fometimes, above the Belly in
Water, for the Tackle to difcharge them; and then, they gallop back
to the Warehoufe for more; and fo they perform the Tide's Work,
and know, by the Flood, when their Labour is at an End. I mufl
ovvn, I could fcarce have believed this Defcription, if I had not {c:^x\.
the Place, and the poor Horfes at Work : And I cannot but wonder
that
LORD KEEPER GUILFORD. up
that our Topographers have taken no more Notice than they have
* w / I'^'/v ^?^'^ '' u"^' the only obvious Curiofity in England
that the beft of them have lett out.
His Lordfhip vifited the Town oi Pool, the Place that gave the H.rbou. ia
Spring to %(7 Warranto^, as is related in the Exame?u In that '"^^ ^^-^
Harbour, the Ebb and Flood work alternately every fix Hour^- and ^''''"'''^*
his Lordfhip was informed that the like was obferved in the Ports of
Southampton ^^ndChtcheJler: but nothing fo regular and ftrona as here-
and, being inquilitive into the Reafon of it, he was told that the Ebb
at low Water, between Hampjhire and the Ifle of IFi^ht, run fo
ilrong that it fliot into the Harbour of Pool lying in the Line of
Its Courfe; fo that when it was low Water ^i Hurjl, it was hi-h
Water at Pool. It appears by all the Harbours of this Coafl, that the
Convenience is owing to a large Inlet of Water, within the Land,
every Tide; which, venting at low Water, fcours the Channel. It
is wonderful that, at Tar mouth, they do not provide to pen in a back
Water rather than build Promontories which fliall fill up fafler than
they can build, and fo, literally, make Ropes of Sand.
His Lordfhip, agreeably to his great Maflerfliip of Mufick, took Great Organ
great Notice of the Organ in the Cathedral Church at Exeter, where'' ^"'''"•
the two fide Columns, that carry the Tower, are lined with Orc^an-
Fipes, and are as Columns themfelves. His Lordfliip defired the^Di-
menfions of the great double Diapafon; and the Account, as returned
IS thus. ^
<\\
Speaking Part long:
Nofe
Circumference
Diameter _
Content of the Speaking Part
Weight
F,
20
4
- 3
I
HogP^
/.
6
o
1 1
3
Gall*
8
L,
360
This IS heard plainer at a Diflance than when near, as ahb louder -
and, behind that, and the other large Doubles, arc placed lar^e'
wooden Pipes to help them into their Sound, which, otherwife
would come on very How, or, perhaps, not at all. One, bein- neir
enough, may by the Touch of the Hand, difcern when it fpeals and
wnen not. How it is tuned, whether by Meaiui- or the Beat«= we
^yere not informed; and, bating their Account of it, which was cu-
rious and diverting enough, I could not be lo hanny to perceive that
in the Mufick, they fignificd any thing at all^oLt thoL-^ht theni
liiaJc
I*:
110
?|5 ;
M
1 1
m
It- *
VhmnHtl- nnd
Mount i.:'^-
comb.
C9rnvnl.
The LIFE of the hue
made more for OHentation than Ufe: For there are Terms in Sound
which will not be exceeded j for, when the vibratory Pulfes a'-e fo
flow as mnv be dirtinq;nirned , found vaniQieth; which is, nearly,
the Cafe ofth.is great >ipe. His LordQiip was always well pleafed
when his Staoes lay fo that the Sunday was fpent in a Cathedral
Town. For lie was always affeded with the Church Service, and
had the Booiis of the Hymns and Anthems always brought to
riis LordQiip went down to Plymouth, and faw the Town which,
as ether marine Towns, is croudcd together, and the Streets are nar-
row. But the Fort, which was built by King Charles U. with the
Marble of the Place, and Lime of the fame fort of Stone burnt, is a
worthy Spectacle, efpecially for its glorious Profped, overlooking the
Harbour which confifts of two Waters, one called Hamofe, and the
other Calwater. And, as the Voyage is out or Home, the Ships are
moored in one or other; becaufe, then, whatever Wind ferves for the
Voyage, takes the Ship out of the Harbour ; which is a Perfedtion
that few, if any, Ports in the World can boall: of. All this lies be-
low the Caflle, and in View of the Fort, being feen as in a Map,
or, rather, a flying Profpedl; and Ships, under Sail, look like Cock-
boats. So high above them is the Fort mounted. Oppofite to the
Caflle lies Mount Edgcomb, where his Lordfliip and his Company
were nobly entertained by Sir Richard Edgcotnb, whofe Lady was a
near Relation. The Hall rifeth, and is lighted above the reft of the
Houfe that turns round it; which the Architedls call a Grecian Hall.
The Park, on more than three Sides, is paled with the Sea; and the
Deer-hunting is as much by Water as by Land. I ftole from the
Company, and walked to the ClifF towards the Main, and found Means
to get down, and pafled on hideous Rocks towards the Sea; but, re-
turning, I thought I fhou'd never have gained the Top again. Such a
vaft Height was I furprifed with in my Afcent.
There was no Opportunity of penetrating into Cornwal yet, becaufe
the Judges, for Compendium of Travel, took the firft Town, upon
the Borders, capable of receiving them ; v^'hich is Launceflon, where
is an old ruined Caftle, and nothing elfe worth naming. The Cor-
nijh Men are very fierce and contentious, and ftrangely given to indid:
one another. The Traverfes of thefe Indidments, tried at the Aflifes,
make good Fodder for the Lawyers; for they are always many, and
beyond what are had in moft of the Circuit befide, and well-metard
Caufes. But this, as they fay, prevents Blooddied; which would
follow if Revenge had not that Vent. The Trade, here, lying moft-
ly with Londoners and Foreigners, the People have a better Englip?
Dialedt
LORD KEEPER GUILFORD.
121
Dialedl than thofe of Devojtflnre^ whofe common Speech, I think,
is more barbarous than in any other Part of England, the North
not excepted. We were told that Saltajl:, three Miles up the River
from Plymouth^ was, anciently, the Port Town ; for, in old Time,
fo high within Land was fafer than nearer the Sea: And well it
might be fo to fmall Veflels. But ever fince Ships have been built
larger, partly for better Roads, and partly for better Pilotage, the
Port Towns have crept nearer the Main ; as they fay would happen
upon the 7'>72f; and Shiels would become the Port Town, \^ JSlewcaJile
had not a Privilege that no common Baker, or Brew^er, fhall fet up be-
tween them and the Sea.
The Return from the Circuit was ufually by ^aunton-Dean in Win- Taunton Dean,
ter, and by JVells and Brijlol in Summer. Both of them are great ^''f^'^ ^^^'^
Towns, and, to ftrangers, very remarkable. The latter is the Ca- '^'■^°'
thedral of the Bifliop o^ Bath and JVells-, the other a very populous,
but, withal, a rugged unhewn Town, and the Roads of the Country-
mere Can fe ways of fliarp Flints. Near this Place were two great Fa-
milies, one called Orchard Portfuan, the other Orchard Windham^
at both which Places, his Lordfhip had princely Entertainment. The
Places, noted to be (^tn. there, are Oaky Hole, Chedder Cliffs, and
Mendip Hills, But 1 fliall not ftay to defcribe them, but make for
Briftol, which is a marine trading City, with a fmall Cathedral. It \
is remarkable there, that all Men, that are Dealers, even in Shop /
Trades, launch into Adventures by Sea, chiefly to the JVefl India \
Plantations and Spain. A poor Shopkeeper, that fells Candles, will »
have a Bale of Stockings, or a Piece of Stuff for Nevis, or Virginia, i
&c. and, rather than fail, they Trade in Men; as when they fent fmall i
Rogues taught to pray, and who accordingly received, adlual Tranf- j
portation, even before any Indi(5lment found againft them; for which '
my Lord Jeffries fcoured them, as is related elfewhere. In a Word;
Pride and Oftentation are publicly profefled. Chriftenings and Burials
pompous beyond Imagination. A Man, who dies worth Three hun-
dred Pounds, will order Two hundred of it to be laid out in his >
Funeral Proceflion.
His Lord(hip was there in Summer, i68o, which was next before TnciJc
that Seflion of Parliament that purfued the Abhorrers; and, as the ^^^^^•
Times then fhewed fome Dawnings of Loyalty to the Crown, it ';
appeared more in Brijlol than one would have expedted. One Floyd \
was there, a true fVelJhman, as I believe; for I never faw or heard a- '
ny human Thing fpeak fo lofty as he did, and all in Humour and t
Tags of Latin. He declared for Jiib and Jupra, and much more at
that Rate. There was one Roiv in Oflice of Swordbearer; which. ,
in that Town, is pronounced Sorberer. I thought it founded like
Q^ Cerberus-,
^
a\
ipnts
122
Account of
Bcdloe's £xc
minaiion.
Vi:
B
r.'.
The LIFE of the late
Cerberus; and not amifs, for the Fellow was deep in the Rye Plot,
for which he fled. He was ftrangely fawcy and impertinent in his
Office. And once the Judge looked back for one of his Servants, and
he comes forward, and Til nvait en your Lord^p, f^^^d he. Tcu
Zaiton my Lord, Sirrah, faid the Mayor ? you fiall -watt upon me, and
Til -wait upon my Lord. . , ,r • i- i /-i^»^,v
His Lorkip efcaped a Scouring here in the Year in wh>ch Oates,
Plot raged. For Captain Bedloe came down to the Affifes with a
DeLn to enter into his Lovdlhip's Converfation, and, what with Dif-
Svrks, and pretended Difcoveries. to have put the Sham Plot upon
him a , probably, he had done if Providence, and h.s ufual Forecaft
and Caution, had not kept him at a Diftance. I am not concerned
to difplay the Particulars here, becaufe they are fuHy related m the
Examn but however think it proper to infert h.s Lordfh.p s Nar-
Sfve for the fake of his Juftification in this Affair, in h.s own
Words, as he fent it to Secretary Jenmns, with h.s Letter.
,u^om,'.'^Jccount of the Examination of Captain Bedloe <7^ Briftol. 1 6 Au-
Narrauvc. ^ /. guft, 1680, Given to the Houje of Commons.
" At my firft coming to Mr. Rumfey's, where I was to lodge at
Br/zJupon Monday the i6th Day of Jugu/l, m the Afternoon
Ens the firft Day of the Affifes, Sir John Knight came to me and
mCul.Bedl lay dangeroufly ill of a F-er, and had l.ttle
Hopes of Life, and defired that I would give him a V.fit, that he
^1!, Wr.n.rt fomethine of great Confequence before h.s Death—
Ttd Wm wS gfve hi^m a Vif.t ?hat Night after Supper a-
Lu N^To- Clock, !f I might be fa.i.fied of two Th.ngs: F.rft
That there was no Infection in his Diftemper: Secondly, Ihat the
??me would not be inconvenient, but he might d.fcourfe to me
w^,nat Preiudice to his Condition. After a httle wh.le h.s Phy-
fic ans cLit^m r and affured me there was no Danger of In-
Son and the Ti.ne I had appointed would be moft proper, for
tettion, ana ^" , . ^ r' \ (^^ Afternoon, and at Nine o
ClTle' Lid in PrSlity be refreffied, and fit to difcourfe
Sth me-1-Thereupon I declared my Refolunon of go.ng;
'nd dXed the Company of the two Sheriffs, and .ny Brother Ro-
Ter NoVth a>id appohited my Marfhall fFilUam Janes to go with
Zl As we were^n the Way, Mr.Crofsman, a M.n.fler in that
Cit'v Vol/, I n,all
J^J:T:^^, fay nothing here, becaufe it is fully accounted for m the Examen. But a
i:xp.a,.io„. ^j^i^ Lordftip's private Concern in particular, it is to be known that
:r;n;-rhu nothing was more defired by the Party than ^o remove h.n. (who
Lora,vip. ^33 an inflexible Loyalift) out of the.r VVay; and, in Order to tuat.
to faften fome Trapan upon him, or get fome Advantage of charging
him with Matter of difcouraging, ridiculing, tampering, or ftifling the
Plot ; all which were Sins in an high Degree, and Ground enough
for an Addrefs to remove, &c. ^ , . .• t in • /■
Now in this Expedition, Bedloe, by Defign, having his Lordrtiip (as
he might think) to himfelf, by often repairing to him frequenting h.s
Table (as his Brother was fo br./en-faced to do) and pa tending to
make known horrid Fafts againft tr.e Que. n, and the Duke ; nt which.
as was prefumed, his LordOiip might rtart and wi(h h.m to have a
Care, and the like. Ami then, if a formal Dq .fiuon was taken, he
mieht hy that, in Difcourfe, he had difcover d much more, but his
Lordlhip perfuaded him to lupprefs it, or any thing elfe, that, having
had Opportunities, he had been pleafed to lay or fwear; and his Bro-
ther and Wife, and fome Body elfe (perhaps) at Hand to fwear Mat-
ters call'd circumftantial Evidence. And this is not fuch a Romance
of pure Invention, as may feem ; for, after this B.Ik of a Difcovery
was known, it was reported, and by many really expefted, or believed,
that Bed/oe's Wife was coming to Town, and would teft.fy that her
Hulband had difcover'd other Matters, and more pofitive, but ms
Lordfliip had fupprefs'd them. But after (he was come up, (he hud
no Difcovery to make, but of her Wants ; and, after having got what
Ihe could, (he vani(h'd. And thus his Lordlhip reap d the F ruit of his
good Fortune, and Caution ; for without the former, I queftio.-i whe-
ther all his Stock of the latter, would fo clearly have brought him
off.
His
LORD KEEPER GUILFORD. 117
His Lordfliip was not Ion? come to Town, before he was fa m- Called to the
nion*d to attend the Houfe of Commons, to give an Account of what common«^
Difcoveries, touching the Plot, had been made to him at BriJioL This and Behaviour
gave him Occafion to ruminate all the whole Proceeding, to find if tli<-rc.
any Slip had been made (for he all along trod upon Eggs) and he
could find nothing pofiible to be cavilled upon, but (perhaps) a Slip
in his Letter to the Secretary, in thefe Words ** You may ima-
« gine I was not curious to perplex him with Queftions." As if
he was wilfully wanting in Searching out the Truth by Queftions ;
but the Anfwer was obvious, and no Notice was taken of it. His
Lordfliip was not ufed to afford any Umbrage of ill Conflrudion a-
gainfl: himfelf; but this came out on Account of Familiarity with the
Secretary, not dreaming of a publick Scrutiny j and, in fuch a Cafe,
it might have proved a great deal worfe : But now, for the Houfe of
Commons, his Lordfliip attended at the Time, and, having a Chair
fet for him by the Table, after fitting a while, he fliood up and re-
lated the Paflage fl:iortly; and, as to the Circumftances, there was his
Narrative of every Particular. And then he gave in the original Exa-
mination (which, for this Purpofe, he had obtained from the Secre-
tary) and he laid down the very Letter he wrote to the Secretary
(obtained as before) in which had been inclofed the Copy fent up from
Brijlol. And having faid that this was all he knew, or could recoi-
led concerning that Matter, he was difmifs'd. It is to be fuppofed
that all this Gear was fufficiently canvafs'd, but nothing to be got out
of it ', fo, after a confiderable Time, it was order'd to be printed, as
before was mention'd, and he never heard more of the Matter. I do
not mention here the Snare laid for the Judges, by the Earl of Sn?!-
dcrhindy when Secretary, becaufe the fame is particularly related in
the Examen. And I lay afide the Voyaging Part, at prefent, and re-
turn to his Lordfliip's Condud of himfelf jn the Execution of hisCom-
mifi'ions of Afiife, &c, in the Wejlern Circuit.
His Lordfliip took Care always to declare the Laws to the Country His cautious
with all the Exadnefs pofiible, and without making any Diflindions ^^^-^viour.
of Favour, of any Party or Denomination of Men ; and, according
as the Tenour of our Law Books runs, he exhorted to Loyalty, and
to fupport the royal Prerogative by Law ; fliewing that the Safety of
the national Religion and Property depended on the People's dutiful
and legal Obedience to the Crown : And, for this Purpofe, he ufed
fome fhort Harangue at the Entrance of his Charges. When he firfl
came the Circuit, for two or three Years, the fadious Gentlemen
came to him, and, for aught that appear'd at firfl to the contrary,
for Refped, as others did ; but, in Truth, it was to found, and pra-
dife Experiments upon him ; but more efpecially if any fadious Cauic
wasi
ii8
n.
it-
Ut
K*.
*
l?i
^
M';
In faflious
CauiwS.
The LIFE of th late
was to be tried, as againfl a Juftice of Peace for diflurbing Conven-
tides, a Mayor of a Town, for fome Slip of Authority exerted againfl
the Party, or, perhaps, where fome Party Men were Defendants, or
the like, either to found his Lordfliip's Temper, or tempt his Judg-
ment by Flatteries, or, at a Diftance, Shews of Terror, and the like ;
as his Lordfhip foon found was manifeftly their Drift. He received
them with all the Civility that was decent, and difcourfed with them
amicably and freely upon indifferent Matters ; and, while they glanced
at what he did not like, he gave them the Hearing, and ferved him-
felf of their Difcourfe, to conjedlure what was upon the Anvil, and what
they drove at. But, in his own Talk, gave no Umbrage for them to
think him dudlile, or to be wrought upon againfl his Principle, or
that their Difcourfe made any ImprefTion upon him ; and wonderful
careful he was not to give Handles againfl himfelf ; fuch as, among
that Party, might be wrefled to Calumny, as if he favour'd Popery,
or arbitrary Power : All which they earneflly defired fliould be believed
of him. And fo amongfl the Gentlemen of the loyal Side, who, in
mofl of the Counties, were almofl the whole Body, he ufed no other
Terms in his private Difcourfe, than might have been pronounced
upon the Bench: For there is found, in mofl Men, either an Itch, or
elfe, a Vanity of Talking, which difpofeth them to report what their
Superiors fay ; and is, fometimes, the Caufe of great Mifconflrudions
and Inconveniences. For which Reafon, Men, in Authority, cannot be
too folemn, and attached to a true Senfe and Principle in their ordi-
nary Converfation. • , , r
And his Lordfhip, when the fadious Caufes came to be tried before
him, and, by the Mufler, he obferved the Tendency of tlie Matter,
and,' fometimes, thought it was brought forward to try him rather
than the Parties, managed with abfolute Regard to the ilridleil Forms
of Law, and Juflice of Trials, gave full Hearing, and allow'd of no
Indecency, or Diforder, of Counfel, took no Notice of what lome,
upon the Bench, would infinuate (for the Gentlemen were warm, and,
on one Side as well as the other, apt to meddle) but, before he had
done, reduced the Fad to a State of Clearnefs ; and fo, after all Im-
pertinences pared off, the Law was feldom doubtful ; and, if it were,
he '^ave fuch Reafons, as juftified his Determinations: And fo he faifd
among the Rocks, gave full Satisfadion to adive Gentlemen that the
Law was his Rule, and the Forms of it his Diredion. And the Fadion
had no^ Handle for any Complaint that Wrong was done, either in
the Matt<^r or Manner of his Trials. Only fome of them faid that
he never bit but in the right Place ; and, to fay the Truth, of that
he feldom fail'd. In this Manner the Fadion proved him till, after
two or three Years experimenting, they defpaired of making any Im-
preffion
»#'
p
~4 1
LORD KEEPER GUILFORD.
11
preflion upon, or getting any Advantage againft 'him ; and fo thev
gave himover For the Chief of them, as for Inftance. Sir Francl
Rolls m Hampfiire (but there is no Need of Names) and others for
bore the Affifes, and came no more there while he came that Circuit
I fliould here account for the Occafion of that famous Pradice of Sur*
renders and Renewals of Charters, and of ^uo Warranto'^ asainft
^'"*;S?^''°""°"^' ^^'"""^^ ^* ^'^' "o^ed from fome Gentlemen of
DorfetJInre and Devonfiire, provoked by the impudent and audacious
Behaviour of fome Corporations, and, through his Lordfhip, came to
his Majefty-s Ear. But all this is inferted in the Examer, 5 where the
whole will appear.
As to the ordinary Bufinefs of the Aflifes (efpecially on the Crown in m „
Side) he was never eafy till, by examining over and over, and over a- p"p-^"
gain, afkmg Parties Queftions, as Attornies, and every one that he
thought could help to clear up an intricate Fad ; and fcarce .^ave
T'^^ u^^''^'* ^°"S''' " *° ^^ ^'^^^ ^ State, as that the Audience
fliould think as he declared. He had certain Marks or Notesf by
Means of which, however People ftiifted and prevaricated, he con-
cluded what the Truth was; and then the Work was to make it plahi
to every Body. Of this the Cafe of Grant, touched before, was aJln-
ftance ; where, by the Start of a Speech, he concluded it true. He
had alfo obierved that Men, inclined to Paflion, had more of Truth
than thofe who were unconcern'd. In Trials of fome Criminals
whofe Cafes proved very obfcure, or doubtful ; as to fuch, efpS ly
if they were capital, he was infinitely fcrutinous; but never more puz^
f% u u 7/".^^^ P°P"'" ^'y ^*« ^f the Heels of a Bufinefs -for
hen he had his Jury to deal with, and, if he did not tread upon EgS
they would conclude finiftroufly, and be apt to find againft his oSl
nion And, for this Reafon, he dreaded the Trying of a Witch It'
iS feldom that a poor old Wretch is brought to Trial upon that
Account, but there is, at the Heels of her, a popular Rage tha" doe
httle lefs than demand her to be put to Death f And, if a^Jud " is fo i
dear and open as to declare^gainft that impious vulgar Opinio^ thl^
the Devil himfelf has Power to torment and kill innocent Children '
or that he is pleafed to divert himfelf with the good Peop e's Cheefe' ^
kIu' ^T'c^ ''"'''' ''"^^^' like Errors of th! ignorrnf and foo lift '
Rabble ; the Countrymen (the Triers) cry this Judge hath no Reli-
gion, for he doth not believe Witches; and fo, to ftiew they have
fome, hang the poor Wretches. All which Tendency to Miftake rl
quires a very prudent and moderate Carriage in a Judge ; whereby To i
convince rather by detefting of the Fraudf than by d^en -in^^ autK /
tatively fuch Power to be given to old Women. * '
m
R
His
4i ■- ;
»3°
>^' itches
hanf^M at
m.
•'A
A Witch ac-
quitrcu at
SnUjliiry,
The LIFE of the late
His Lordflilp \uas fomewhat more thoughtful upon this Subje6l ;
becaufe that, in the Year in which Mr. Juftice Raymond was his Co-
Judge in that Circuit, two old Women were hurried out of the Coun-
try to be tried at Exeter for Witchcraft ; and the City rang with
Tales of their preternatural Exploits, as the Current of fuch Tattle
ufeth to overflow. Nay, they went fo far as to fay that the Judges
Horfes were at a Stand, and could not draw the Coach up the CajUe
Lane: All which the common Sort firmly believed. It fell out that
Raymond fat on the Crown Side there j which freed his Lorddiip of
the Care of fuch Trials. But he had really a Concern upon him at
what happened; which was that his Brother Raymond'^ pallive Beha-
viour fliould let thofe poor Women die. The Cafes were fo fiir clear,
*viz. that the old Women confelTed, and owned in Court, that they
were Witches. Thefe were two miferable old Creatures, that, one
may fay, as to Senfe or Underftanding, were fcarce alive \ but were
overwh'elm'd with Melancholy, and waking Dreams, and fo ftupid as
no one could fuppofe they knew either the Conftrudion or Confe-
quence of what they faid. All the reft of the Evidence was trifling.
I, fitting in the Court the next Day, took up the File of Informa-
tions, taken by the Juftices, which were laid out upon the Table, and,
againft one of the old Women, read thus. " This Informant faith
« he faw a Cat leap in at her (the old Woman's) Window, when
« it was Twilight; and this Informant farther faith, that he verily be-
« lieveth the faid Cat to be the Devil, and more faith not." The
Judge made no nice Diftindions, as how pofl'ible it was for old Wo-
men, in a Sort of melancholy Madnefs, by often thinking in Pain, and
Want of Spirits, to contract an Opinion of themfelves that was falfe ;
and that their Confeflion ought not to be taken againft themfelves,
without a plain Evidence that it was rational and fenfible, no more
than that of a Lunatic, or diftraded Perfon : But he left the Point
upon the Evidence fairly (as they call it) to the Jury, and they con-
vided them both, as I remember; but one moft certainly was
hanged. .
The firft Circuit his Lordaiip went Wcftward, Mr. Juftice Ratnf-
ford, who had gone former Circuits there, went with him ; and he
fliid'that, the Year before, a Witch was brought to Salifeury, and
tried before him. Sir James Long came to his Chamber, and made
a heavy Complaint of this Witch, and faid that if flie cfcaped, his
Eflate would not be worth any Thing ; for all the People would go
away. It hoppen'd that the Witch was acquitted, and the Knight
continued extremely concerned j therefore the Judge, to fave the poor
Gentleman's Eftate, order'd the Woman to be kept in Gaol, and that
the Town (liould allow her zs. 6 J. />rr Wetk; for which he was
very
LORD KEEPER GUILFORD,
131
very thankful. The very next AfTifes, he came to the Judge to de-
fire his Lordftiip would let her come back to the Town. And why ?
They could keep her for is. 6 d. there; and, in the Gaol, fhe coft
them a Shilling more.
His LordOiip had not the good Fortune of efcaping all Bufinefs of Anoia Man
that Kind ; for, at Taiinton-Dean^ he was forced to try an old Man ^''"^ ^'"■*
for a Wizzard ; and, for the Curiofity of obferving the State of a male ^^'^'^'''''^•
Witch, or Wizzard, I attended in the Court, and fat near where the
poor Man ftood. The Evidence againft him was, the havin^ bewitch'd
a Girl of about Thirteen Years old: For ftie had ftrange^and unac-
countable Fits, and ufed to cry out upon him, and fpit out of her
Mouth ftreightPins; and, whenever the Man was brought near her,
ihe fell in her Fits, and fpit forth ftreight Pins. His Lordftiip won^
der'd at the ftreight Pins, which could not be fo well couched in the
Mouth as crooked ones; for fuch only ufed to be fpit out by People
bewitched. He examined the WitnefTes very tenderly and carefully,
and fo as none could colled: what his Opinion was; for he was fearful
of the Jurymens Precipitancy, if he gave them any Offence. When
the poor Man was told he muft anfwer for himfelf, he enter'd upon a
Defence as orderly and well exprefled as I ever heard fpoke by any
Man, Counfel, or other; and if the Attorney General had been his
Advocate, I am fure he would not have done it more fenfibly. The
Sum of it was Malice, Threatening, and Circumftances of Impofture
m the Girl ; to which Matters he called his WitnefTes, and they were
heard. After this was done, the Judge was not flitisfied to dired: the
•u^'^o^A^"^"^ ^^'^ Impofture was fully clearM, but ftudied, and beat
the Bufti a while, afking fometimes one, and then another Queftions
as he thought proper. At length he turn'd to the Juftice of Peace
that committed the Man, and took the firft Examinations, and Sir,
faid he, pray 34
Stniclure and
EJucation.
'■', I
\^%-
i|;|:
!■#■
«»
ne LIFE of the late
and finiflied in the Houfe. The Meats were very neat, and not grofs;
no Servants in Livery attended, but thofe called Gentlemen only;
and, in the feveral kinds, even down to the Small Beer, nothing
could be more choice than the Table was. It was an Oblong and
not an Oval j and the Duchefs, with two Daughters only, fat at the
upper End. If the Gentlemen chofe a Glafs of Wine, the civil Offers
were made either to go down into the Vaults, which were very large
and fumptuous, or Servants, at a Sign given, attended with Salvers, &c.
and many a brifk Round went about i but no fitting at a Table with
Tobacco and Healths, as the too common Ufe is. And this Way of
entertaining continued a Week, while we were there, with incom-
parable Variety: For the Duke had always fome new Project of build-
ing, walling, or planting, which he would fhew, and alk his Friends
their Advice about; and nothing was forced, or flrained, but eafy
and familiar, as if it was, and really fo I thought it to be, the com-
mon Courfe and Way of living in that Family.
One Thing more 1 muft needs relate, which the Duke told us
fmiling; and it was this. When he was in the midft of his Building,
his Neighbour, the Lord Chief Juftice Hales, made him a Vifit ; and
obferving the many Contrivances the Duke had for the difpofing of fo
oreat a Family, he craved Leave to fuggefl one to him, which he
Thought would be much for his Service ; and it was to have but one
Door to his Hotife, and the Window of his Study y where he fat mojl^
open upon that. This (hews how hard it is for even wife and learned
Men to confider Things without themfelves. The Children of the
'Family were bred with a Philofophical Care. No inferior Servants
were permitted to entertain them, left fome mean Sentiments, or
foolifh Notions and Fables, fhould ftcal into them; and nothing was
! fo ftrongly impreffed upon them, as a Senfe of Honour. Witnefs the
Y^oiA Arthur, who, being about five Years old, was very angry with
the Judge for hanging Men. The Judge told him that if they
were not hanged they would kill and ileal. No, faid the little Boy,
you jl:ould make them promife upon their Honour, they will not do fo,
and then they will not. It were well if this Inftitutionary Care of
Parents were always correfpondent in the Manners of all the Cliildren ;
for it is not often found to prove fo.
F.tr.r Jnmcnt jj^^ ^^^^^ ^q return to his Lordiliip, and his Circuiteering. He^ took
an Opportunitv one Summer, to turn by the North, which begins at
York, and concludes at Lancafier; but, in Winter, it is ufual to omit
the Counties of Durham, Northumberland, Cumberland, and H'ejl"
vnreland. His Lordlhip was curious to vifit the Coal Mines in hum-
ly Park, which are the greateft in the North, and produce the bell:
Coal, and, being exported at Sunderland, arc diftinguiaied as of that
Place.
in the Norih.
i
It
»3y
LORD KEEPER GUILFORD.
Place. Thefe Collieries had but one Drain of Water drawn by two
Engines, one of three Stories, the other of two. All the Pi^ for
two or three Miles together, were drained into thofe DrainV The
Engines are p aced in the loweft Places, that there may be the lefs
Way for the Wuer to rife, and if there be a running Stream to work
the Engines, It is happy. Coal lies under the Stone; and thev art
twelve Months in finking a Pit. Damps, or foul Air, kill inSb ;
Remedy. They are moft ,„ very hot Weather. An infallible
Trial IS by a Dog; and tlie Candles fhew it. They feen. to be helvv
fulphurous Air not fit for Breath; and I have heard fome fa? thauhcv
would iometimes lie in the midft of a Shaft, and the B . to^be cleaT
The Flame of a Candle will not kindle them fo foon as the Snuff
but they have been kindled by the flriking Fire with a Tool tJ^
Blaft IS mighty violent; but Men have been faved by lying flat on th r
Bellies When they are by the Side of an Hill, they drain by a Lev
earned a Mile under Ground, and cut through Rock to the Value of
5^or 6000/. and where there is no Rock it is fupported with Tim-
In the Way towards the North his Lordfhip vifited the Lord R,„ ,
land at Bevoir Caftle wherp fhp Pr^^f^^/^ ■ u , '^°^^ ^"^- Beh'irCMf,
Win^inr. hnV K.^, ,7. ' IT ^ »Pe^ d r -P i '^'^^^" ^" ^^t
him a fair Book of the A^diem and Servl/.' 'f ."'' '° ^""^
original.
»3 or-
der er-:
140
I.
I
•I;
Of Hexham
s nd Carlif.e ;
anJ Tenants
Kight in
Cnf}jLtrhind.
Wejimorf 'and,
Coufitt'fs of
The LIFE of the late
T'pie, for the many and fliarp Turnings, and perpetual Precipices, was
for a Coach, not fuftain'd by main Force, impaflable, liis Lordfliip
was forced to take Horfe, and to ride mod Part of the Way to Ucx-
ham. We were (hewed where Coal Mines burnt under Ground ; but
could difcern nothing of it, befides the Deadnefs of all Plants there.
We were ftiewed the Fi^s Wall ; but it appear'd only as a Range, or
Bank of Stones all overgrown with Grafs, not unlike the Bank of the
Devil's Ditch at Newmarket, only without any Hollow, and nothing
near fo big. Here his Lordfhip faw the true Image of a Border Coun-
try. The Tenants of the feveral Manors are bound to guard the
Juciges through their Precind:; and out of it they would not go, no,
not an Inch to fave the Souls of them. They were a comical Sort of
People, riding upon Negs, as they call their fmall Horfes, with long
Beards, Cloaks, and long, broad Swords, with Bafket Hilts, hanging
in broad Belts, that their Legs and Swords almoft touched the Ground ;
and every one, in his Turn, with his ihort Cloak, and other Equipage,
came up Cheek by Joul, and talked with my Lord Judge. His Lord-
ihip was very well pleafed with their Difcourfe i for they were great
Antiquarians in their own Bounds.
We came, at length, to Hexham^ formerly a Metropolis of a famous
Shire of that Name. From the Entertainment and Lodging, there,
it might be miftakenj but whether for a Scotch, or for a Weljh Town,
may be a nice Point for the Experienced to determine. The reft of
the Country to Carlijle was more pleafant and diredt -, and, bating
Hunger and Thirft, which will not be quenched by any Thing to be
faftened upon there, but what the Bounty of the Skies affords, was
paffed over with Content. At Carlifle, nothing extraordinary occur-
red, but good Ale and Small Beer, which was fupplied to their Lord-
Ihips from the Prebends Houfesj and they boafted of brewing it at
Home: But, being afked with what Malt? they made Anfwer, that
it was South Country Malt. For, to fay Truth, the Big {viz, a Four-
rowed Barley) is feldom ripe ; and the Oats, which they call Teats,
are commonly firfl cover'd with Snow. In Cumberland, the People
had join'd in a Sort of Confederacy to undermine the Eftates of the
Gentry, by pretending a Tenant Right ; which, there, is a cuflomary
Eftate, not unlike our Copyholds: And the Verdid was fure for the
Tenants Right, whatever the Cafe was. The Gentlemen, finding that
all was going, refolved to put a Stop to it by ferving on com.mon Ju-
ries. I could not but wonder to fee Pantaloons and Shoulder Knots
crouding among the common Clowns; but this Account was a Sa-
tis f^idl ion.
From hence we went, through a plain, but flony, Road, in the
View of hideous Mountains, called Foiihiejs Hills, to Jpplehy in JVe/l^
moreland.
LORD KEEPER GUILFORD. 141
fn:reJand. There is little of a Shire Town to be found there, being
but, as it were, a Village ; only there is the Cadle, an ancient forti-
fied Seat of the Earl of Thaiiefs. Not long before the Judge came
there, the Countefs of Pembroke made it her ordinary Habitation ;
but fhe was then dead. She was a magnificent and learned Lady, and
had named diverfe of the Towers of her Caftle ; one was PefidragoJis
Tower, another Julius Ccefar\ Tower. The Earl of "Thanet is the
hereditary Sheriff of that County ; the only one, of that Quality, in
England, and had order'd a fumptuous Entertainment to be given by
one^Mr. Gambetes, his Steward, to the Judges. His Lordfhip was verv
much pleafed with the Infcriptions the Countefs had made in diverfe
Places about the Caftle, and under old Pidures, containing much of
Hiflory, and Pedigree of the Family. And it was faid that Bales,
afterwards Chief Juftice, affifled her in the Perufal and methodifing
of her Evidences and Muniments, and made her fair Ex trads of them.
I muft mention one Thing more, for the Honour of this incomparable
Lady ; and that was her Generofity. It was afiirmed, by thofe that
knew 'it to be true, that no Perfon ever made her a Vifit, that went
away without a Prefent ingenioufly contrived, according to the Quality
of the Perfon. And we were forry we could not be WitnefTes of that
Piece of Grandeur.
There was a high Feud, that had been carried on in this Country A great Feud
with a World of Heat, between the Mufgraves and their Friends on ;"^^„";^f^j^'"'
the one Side, and the Loivthers, Fletchers, and diverfe other Gentle-
men on the other. And if one may borrow a Diflindion of much
later Date, I may fay the former were Tory, and the other Whig,
It is certain that the Mufgraves were envied by their Neighbours; for
they were Courtiers, and having been Cavaliers, and alfo very fer-
viceable in Parliament (it feems that fome fo early knew how to va-
lue their Services there) were favour'd, having the Government of
Carlifle, a Sort of Frontier, and alfo were Farmers at eafy Rates, of
ii Duty upon Cattle out ot Scotland -, which Duty, fome faid, as they
had order'd the Matter, was gain'd from the Parliament on Purpofe
to be granted to them whofe Project it was. The Difference form'd
itfelf upon the Divilion of the Country (if I may borrow the V/ords)
into Cilalpine and Tranfalpine Regions ; and the Quellion was in
which, of thefe, the general Seilions (hould be held ; each Side hold-
ing flifHy to his own Convenience : And, fomctimes, they had the ge-
neral Quarter SefTions at both Places, which was very abfurd. And
this Dilpute had its Purlieus fraught with general and original Slan-
ders, raifcd on either Side againfl the other ; v*'hich run io high that
the whole Country run into the Fadion : Good People were icand.i-
lifcd, and the King himfelf importuned and troubled abcut it. And
if
■n
]~
I' i
14*
It
r "
!§'■
<(
<(
(C
(C
a
ore Leifure to attend to it,
than when he was a Pradlifer. But more of this elfewhere. How this
Gentleman fignalifed himfelf, afterwards, is no fecret. But I can re-
member, fo early, that I heard him lay in his Lord(liip*s Houfe,
that I'hings would never go well till forty Heads few for it. He had
alfo very lingular Opinions 3 one was that all foreign Tirade was Lofs^
and ruinous to the Nation. But fome Proceedings about that Time,
touched upon in the Examen^ interpreted that Paradox : For the mor-
tal Evil of foreign Trade was the great Supply it brought to the
Crown, by which it could be fupported, without being continually
at the Mercy of the Parliament for Supplies. When his Lordfnip was
named in the Houfe of Commons, in order to be criminated, he was
pleafed to fay in the Houfe, that he certainly knew that Perjon to be
of arbitrary Principles, becaufe he had heard hijn difcourfe to that
Purpofe at his own Table, This Behaviour of that Gentleman, when
his Lordlhip flood mod in need of the Service of his Friends, doth
fufficiently demonftrate the Necefhty of his Lordfliip's conftant Cau-
tion in Converfation with all forts. Friends and Enemies. For the
Time was fo nice that a Word awry did a Man's Bufinefs, if he
were unpopular;, elfe, one would think 1 have too much exaggerated
the cautious Pradlice in all his Lordfhip's Convcrfe. And yet, with
ill People, even the iitmofl: Caution falls lliort, as was the very Cafe
with that Gentleman. Mr. T^irrel alfo ufed to come freely to his
Lordfliip. I do not remember he then owned the Delign, which
he hath, in Part, executed lince, of writing an Hiflory of England,
But his Difcourfe, falling on fuch Subjeds^ was very agreeable to his
3 Lordfliip ^
LORD KEEPER GUILFORD. iji
Lordlhip ; though, at that Time, he was looked upon as one of the
A nti monarch ills.
His Lordlhip did not often dine from his own Houfe i and, when Sirprifed into
he did, it was commonly at a particular Virtuofo's, as with Sir P^^^r ^ ''^'^''^'^s dm-
Lel)\ Mr. Hugh May, Sir Sam. Moreland, or the like. Once, dining '"^
with Mr. Hugh May in Scotland Yard, * Sir Henry Capel, who was of
his Lordfliip's Relation, and long Acquaintance, made one. Among
other Difcourfe, Sir Henry Capcl was urged much to fay why they,
meaning the Country Party, urged a certain Matter (o violently in the
Houfe of Commons ; and yet there was no tolerable Reafon, in all
the Debate, given for it. At lall, he anfwered that they did not uje
to give the true Reafons that fwayed them in Debates, to the Houfe,
His Lordfliip thought it a ftrange Account. But I believe, if it was fo
then, it hath been much more fo fmce; and, as llrange as it may
feem to be, it is commonly the Parliament driving Principle. As
the Times grew warmer, his Lordlhip endeavoured to be more re-
tired, and lefs cared to dine where was any Diverfity of Company.
But once he was caught in a Trap, and found himfelf in the Head
Quarters of a dangerous Cabal. It happened thus. Sir William Scrcggs,
a Ranter, but (except in the Affair of Oates) on the right Side, was
promoted to the Chief Juft:ice*s Place in the King's Bench. But,
when the Court Intereft in Parliament was wavering, and very like to
fall, and my Lord Shaftjbury, with his Followers, appeared to have
an Afcendant, and was a(ftually taken into the Privy Council, his
King's Bench Lordfliip thought the Intereft not to be flighted j and,
accordingly, he opened a focial Commerce with them, and made one
at their Circulary Dinings; and the Turn came to dine with him.
He was fo obliging as to invite his Brother Chief of the Common
Pleas, who went, not dreaming of his Company, but exped:ed that
fome Noblemen, of another Order, might be there. When tlie Com-
pany was afl^embled, it conflfted of the Earl of Shaftjbury, the BiiLop
of London, the Lord Macclesfield, and others of the moft diftinguiflied
Oppofers of the Court. They careifed his Lordfliip very much as a
new Comer, whom they were glad of the Honour to meet, and talked
about a Time to dine with him J all which (as they fay) was Water in
his Shoes, But after Dinner he got himfelf clear, and was as careful
not to be fo complimented any more. And he was much difpleafed
with his fuperior Chief, for engaging him fo untowardly.
This ^u William Scroggs was made Lord Chief Juftice of the Chanacr ot\
Kind's Bench while his Lordfliip fat in the Common Pleas. He was ^"" ^^^''''»"»
of a mean Extradt, having been a Butcher's Son, but wrought him-
felf into Buflnefs in the Law, was made a Serjeant, and pradlifed
under
• He was one of the Surveyors of the King's Buildings, and was the Regulator oi Wind/or Caftle*
Scroggs.
'^^ 77v LIFE of the late
u"f " 'If;';:;? '''^i t ^^" ^"'"" ^'^^ ^-^"Se. Virage comely, and Speech
kept h,n.idf very poor, a,ui, when l-.eivas arr.a/d b A7.A
1 u.cds //.vA'i uould not allow hi,n th.e I'livilc^e of a c'rem' -,
touched cKcwherc. He hnd a true Libertine P lifci He "' s nr."
erred for profcflh,s Loyalty: But OaUs con,in.^ forvSd w Ih .'
iw,ng,ng Populnr.ty he (as Chief Juftice) took i,r and nt'd on .^n^
Sule moll nnpetuoutly. It fell out that when the Earl of ^L/>/7
]K>d ftt ...W in Eff... I'J^^^.^'l/^rt^t:^
..any Years after hin?, /or hets a Su2 rthcm'; "o Am ""
He had two Daughters; one of whom was La rkd to slJ AW .'
irnghf, and lived to fee his Misfortunes; for a the ReS.it '.
was clapt tip in Nc^-g,u, and there d ed ' The ot£ D °H ''
fometime the Widow of Mr. K:/i,e a Lawyer. m:^.Sll^X'no'
ble Charks Hatton, and may be yet livinc ^
ci:tX-p A^°"\'J'« Time Sir IVilliam Jones bdng his Majefty's Attornev
,„,,,, General, there was fucli licentioufnefs of feditious, a nd.^rea^ly, treafon-
able
LORD KEEPER GUILFORD. 153
able Dlfcourfe in Coffee-hcufes, of which there were Accounts daily
brought to the King, that it was confidered if Coffee- houfes might not
be put down. Then it was fcarce poflible to cohibite People's Talk;
but, if the Opportunities of promifcuous and numerous Afiemblies of
idle Spenders of Time were removed, ill Men would not be able to
make fuch broad Impreffions on Peoples Minds as they did. And
the moft likely Way to do it was thought to be by a Proclamation
recalling all their Licences, and prohibiting the granting any new
ones; and, under this, diverfe Points of Law were ftarted, whereupon
the King commanded that all the Judges fiiould attend, to give their
Advice touching the Proclamation: And his Lorddiip and five other
Judges, being all that were in Town, attended. His Lordfliip, upon
the main, thought that retailing of Coffee might be an innocent Trade ;
but as it was ufed to nourifh Sedition, fpread Lies, fcandalife great
Men, and the like, it might alfo be a common Nufance. But I
wave here the flating the feveral Points, and the Refolutions of the
Judges, and wherein they differed in Opinion, becaufe it is fully ac-
counted for in the Examen, But I remember well that the Fadion
was much incenfed at this Suppreffion of Coffee-houfes, without
which it was impoffible for them to carry on their Trade. And, in
particular, they faid that Mr. Attorney fhould anfwer it in Parlia-
ment; and although the Leaders, then, were his good Friends,
and he had Reafon to think jefted with him, yet this fame Anfwer-
ing in Parliament was a ferious Bufinefs with one who had a natu-
ral Timidity which his Reafon could never conquer: And it occa-
fioned him no flight Raillery from his Party Friends.
As to the Bufinefs of Lies and Libels, which, in thofe Days, were of Lies and
an intolerable Vexation to the Court, efpecially finding that the Com- ^'^^^•
munity of Gentle and Simple flrangely ran in with them; it was
moved that there fhould be more Meffengers of the Prefs, and Spies,
who fliould difcover fecret Printing-houfes (which, then, were againft
Law) and take up the Hawkers that fold Libels, and all other Per-
fons that difperfed them, and inf^idl fevere Punifliments on all that
were found Guilty. But his Lordfhip was of a very different Opi-
nion, and faid that this Profecution would make them but the
more enquired after ; and it was impoffible to hinder the Promul-
gation of Libels: For the Greedinefs of every one to get them, and
the high Price, would make Men, of defperate Fortunes, venture
any thing: And, in fuch Cafes, Punifliments never regulate the Ab-
ufe; but it muff be done, if at all, by Methods undermining the En-
couragement : Yet, if any were caught, he thought it was fit to make-
fevere Examples of them» But an extraordinary Liquifltion to be fet
up, and make fo much Noife, and the Punifliment falling, as was
U mofl
154
FuryofOiJ/tf/s
Plot, to be
t Kecked by a.
The LIFE of the late
nioft likely, not on the Authors and Abettors but, feme poor Wretcl-e-
that fought to get a Penny by felling them, would, as he tiiought'
rather ,ncenk, than abate the Abufe. His Notion was that his Ma-
jelty iliould order nothing extraordinary, to make People imagine he
was touched to theQ>,ick; but to fet up Counter Writers tit as
every Libel came out, /liould take it to Tafk, and anfvvcr it. And
fo all the diurnal Lies of the Town alfo would be met with- For
laid he either we are in the Wrong, or in the Right; if the former
■wemuft do as ujurped Po-^^ers, ufe Force, and crufo all cur Lcniel
rght,or -wrong. But there ,s no need of that, for -we are in the Ri^r/jt.
for who i,tll pretend not to own his MajeHys Authority according tl
.Tf^l T % "'''""' ''>' -^"^^V/V W his Mimfiers, but
.ohat the Law will warrant, and what J],ould we be afraid ofi
Let them lye and accufe till they are weary, while we declare at the
Jame time, as may be done with Demonflration, that all they fax is
fal/e andunjufl; and the better fort of the People, whom Truth f^ays
-when laid before them, will be with us. This Counfel was followed-
and fomc clever Writers were employ 'd, fuch as were cail'd the Ob-
fcrvator and Heraclitu,, for a Conftancy, and others, with them oc-
calionailyj and then they foon wrote the Libellers out of the Pit and
during that King's Life, the Trade of Libels, which, before, had been
in great Requeft fell to nothing. And this was one of the vifible .-ood
Effefts of the Meafures of the Court and Miniftiy, at that Time, which
were, in all Things, to aft conformably to the eftabliflied Reli-ion
and the Laws. 1 will not meddle here with the Plots of Oates "and
Fitzbarris, and all the other, both (ham, and real, in that Kin-'s
x^cgn, bccaufe they are fully fct forth in the Examen; only, in order
to introduce his Lorddiip's Opinion and Reafonings upoi, them, I
Uiall ju(l walk over them in the following Manner
After the Year 1666, the Reign of King Chark'sU. was happy i„
being free from Plots. I mean fuch as publickly appeared, untiUbout
September ,678. when that devilifl, Impofture ftiled of Oates, came
.orth and afterwards there followed the horrid Confpiracy, called the
■'u.' '"'^ "^ ^""8" '° *''^'«' of'^er ^I'»or Plots, as will be found
m the Accounts given of them in the Examen. During this Time
iiis Lordlhip jut in holy Peace, under his old Oak the Court of Com-
irrM Pleas, which had nothing to do with Criminals ; and in the grand
Commiffion of Oyer, &c. at the Old Baily, where the Oate/ian Swrms
'Acre moft impetuous, the Lord Chief Juftice of the Kirnr's Bench
-ileered the Veffel, and the other Judges had little or no Share in the
vcnduft, whereby his LordHiip, in the main, was rather an Obferver
*han an Adlor in thofe Proceedings to which hung the Wues of Life
and. Ueatl). lie was not a little concerned to fce Men noifed out of
their.
J55
LORD KEEPER GUILFORD.
■xyuUves, zs the twelve Priejls were, and that nothing could refift
the Fury of the People, that, like a Hurricane, purfued them. And
that which was '"oft 'anientable was, that the King's Attorney fliould
be poflcfsd, and the Chief Juftice, that prefidcd, ihould betaken in the
Head and even the Parliament founding loud, and the Populace little
lefs than di Iradted; and all tending to Blood, of which no End was
difcerned; but it feemed that Queftion and Convidion, were one
and the fame Crifis. His Lordfliip faw plainly that this popular In-
fanity could not even by the ftrongeft Reafoning be moderated, but
to do that muft be a Work of Time : And as for open Oppof.tion
by Pamphlets there was enough publiflicd by fonie Roman Catholicks;
but inltead of making any Impreflion, however cogent their Rea-
fons and Arguments were, the Attempts were cried out upon, as fo ma-
ny Inftances of a fliamelefs Impudence, pretending to prove flilfe
what the Community were refolved fliould be true, and the Partv
name (that is P<»/.///; held forth, was a fufficient Confutation of theni
all. Nevertheleis hisLordfhip was of Opinion that a Pamphlet mi-ht
be contrived and wrote with fuch hiftorical Dedudions and Temol;,-
that might in fome Meafure, if not wholly, qualify this Diftemper of
the Publick^ and that, what dired Oppof.tion could not, InfinLtion
mignt eitect,
Purfuant to this Thought his Lordfliip applied himfelf to prepare The i.f.,„c'
Inltruaions for fome expert Pamphleteer, who had a popular Stile and "-•'•■^'-^"i"
Addrefs, to treat upon the Subjed of 0<./«'s Plot ; and after his Way "* ''"'""•
oi extempore Writing vvhich was familiar, and juft as he ufed to fpeak
he drew up thefe Inftrudions which, fo far as they go, miaht hav^
left to the Writer to deduce as he faw Occafion. He had no Opinion
of his own Pen for fuch Purpufes as thefe, and it alfo requiredSnore
Tjme and thought, than he could fpare, to work them up to an Height
ftftcient to fall upon and crufli a popular Prejudice. I do not know
that thele Inftrudions were ever delivered out to be made ufe of but
behev-e they were not, and that he kept them by him fo long, 'that
new Scenes of Affairs emerging, they were become lefs needful. Afl
ter tne Difcovery of the /?;-, Confpfracy, his Lordlhip's Mind was fo
touched with the dilmal Effeds of Fadion and ScdltiL, in the Reign
ot King CharlesU. that he fancied to compofe their Hiftory, which
in the i.rn, extemporary Way he deduced from the Reftauration doxvil
totheConcluhonofthatDilcovery, and gave his Paper to a Friend
definng he would write it over with large Margins, that he might ad-
join fuch Additions and Alterations as he Aould dnnk fit to make-
which was done; and he made fome, but very little, Alteration, a^
^ putting
* i
ij6
Co-cerned
only in the
ne LIFE of the late
putting out a Name, or the like, that might give Offence *. h% to
his Lord(hip*s perfonal Adling and Concern in the Proceedings ground-
ed on the many Plots that appeared in his Time; firft, as to Oates^ he
had not the leaft Hint or Intimation of any fuch Roguery, as his was
before the Information or Narrative was fworn before Juflice Godfrey^
and then not early, but as the Matter became bruited abroad. He once
heard O^/t'i preach at St. Dunjian's^ and much admired his theatrical
Behaviour in the Pulpit, he prayed for his very good Lord and Patron
the Duke o^Noffolk^ which made his Lord(hip fufped him to be warp-
ing towards Popery. And when his Lordfhip came to know the
Particulars of his Difcovery, although the King's Life (forfooth) was
to be faved, he took the Whole to be an Impofture calculated to di-
flurb the Publick, and bring Evils upon his Majefly, and after he
had difcourfed with the Earl of Danby^ who at firfl: appeared a
Fautor of it, his Lordship found fuch defultory Steps taken, as could
agree with nothing but a Cheat, and was confirmed in his Opinion
accordingly.
I mention'd his Lordfliip's Felicity in having, by his Place, little to
^ • . XX r ^^ ^^^^ Criminals; he had but one of the many Plot Trials to manacle
Kat. Heading's ^"" ^"^^ ^^s 01 JNdt, KeadiJig, who was not charged lorTreafon, but
T.iaJ,butlutlc for Subornation and Tampering. He aded as Counfel for one of the
II) others. Lofds iu the Tower, committed upon Teflimony of 0^/^j, and his
Collegue Bedloe ; and treated with Bedloc for a Reward, if he would
foften his Evidence againft his Client; and Bedloe^ by crafty Ad-
vice, drew him into a Snare, fo that there was clear Evidence of
Subornation againft him. Whatever the Plot was, this was as foul a
Fact as could be, when a Counfel at Law fliall tamper, and by Bribes
corrupt the King's Evidence, in a Cafe of high Treafon: And upon
his Trial he was convided, and puni(h'd with the Pillory. In the
reft of the Trials, as they are printed, his Lordftiip fcarce fpoke, but
Chief Juftice Scroggs led the Van. I find in one of them, his Lord-
ftiip took Occafion to fay, Js Jor the Plot, that is as clear as the
Sufi ; which riiining Irony might have been fpared. But the Behaviour
of all the Judges, except the aforeiaid Chief, was paffive; that is,
without interpofmg their Opinions of the Evidence, and the Credibi-
lity of their Story ; which is often done by Judges, for Aftiftance of
the Jurymen, in common Trials; and many, in latter Times, have
thought that the fame ought to have been done here. And nothing
can qualify the Silence, but the inconceivable Fury and Rage of the
Community, gentle and fimple, at that Time, and the Confequences
of an open Oppofition to the Chief, whofe Part it was to a(!^, as he
• TIk greatcfl Pait of thcfc Papers are pubiiOicd already in the Eximcn.
Jid,
iy7
LORD KEEPER GUILFORD.
did, demanding no Aftiftance of any of them; which Oppofition might
have been fatal in many Refpeds: For the Credit of the Witneftes
muft have been impeach'd, which the Time would not bear ; and it
was not in their Oftice to intermeddle ; for, as to the Fadl, the Jury
is to anfwer. When it is fo done by the Co-afleftbrs, it is for Difcre-
tion, and not Duty; the moft cogent Reafon was, that the Prejudice
wasVo univerfal, and ftrong, that if an Apoftle had fpoke againft it^
no Impreflion had taken Place, nor had it done the Prifoners any Ser-
vice; but on the other Side, not only the Rabble but, even the Par-
liament itfelf, had flounced at it ; which Confideration turn'd the Scales
of the Difcretion, and made thofe Judges rather let a Veftel drive,
which they could not ftop, and referve themfelves for fairer Oppor-
tunities, when fuch might happen, for them to do fome Good, with-
out pretending to remove Mountains. Thus much I have thought to
alledge in Favour of the Judges Pafiivenefs at thofe Trials ; whereof
the full Strength of Reafon can fcarce be made appear fo fufticiently
as the proper Time, in real Circumftances, demonftrated.
That which, in all the Courfe of thefe Outragen, moft afFedied his ^"^"'".'"^ ^°"
Lordftiip with Admiration, as well as Commiferation, was the deplo- J^p'jf ^""'^
rable Cafe of the Earl of Stafford, who was pronounced guilty,
feeminMy, upon the groftlft Error, in common Juftice, that ever was
known? Very few, if any, of the Peers that condemned him, would
own that they believed the Witneftes, who fwore the Treafon againft
him ; and his Lordft:ip expoftulated with fome of them (that he could
be free with) to know how it was pofilble, being fo perfuaded in their
own Minds, they could declare him guilty? Their Anfwer was, that
they were not free in the Cafe, but were bound to judge according to
the Proof of Fads; and here V/itneftcs fwore the Fads, Ergo, (s'c.
His Lordftiip replied that this was contrary to the very Inftitution of
Trials; for it is the proper Bufinefs of Peers and Juries to try, not the
gramm'atical Conftrudtion of Words, which every School-boy can tell,
but the Credibility of Perfons, and Things; which require a Colla-
tion of Circumftances, and a right Judgment thereupon ; and God
forbid that the worft of Villains fhould have it in their Power, by po-
fitive Swearing, to take away any Man's Life, or Eftate ; and it is fo
far from that, that it is every Day's Direction of Judges to Jurors,
'■jiz. if you believe the Witneftes, find, elfe not. This Error is reafo-
nably to be fuppofed to have happen'd to many in Sincerity, tho' fome
fancied a Spice of the Politick in the Cafe, left it might prove as hap-
pen'd, when the not guilty Lords were mobbed in Cha. I's Time. But
here the Cafe was fo far otherwife, that, of the Two, the guilty Side
was in more Danger of popular Infults than the not guilty.
fll
I might
'58 The L I F E of the laie
Mi^"' , J '"'S'^* .r^P^'-'y '>^>-e enumerate and particularifc the many falfc
fnir?' r. 7' ^) u- '/''" "''S'"y °'''^^'"' Engine fellen, troubled the
o"l-r.Her gSiJ^J . tL'^! 'T-' decypher the ;e,v 'Confpirac;, becaufehi
"''--'• „f .^ T 'I'^A ^"'^ '*' ''° '" condufling the fcveral Examinations
du Form''!'? ' ^'Y' '''^ '" '''' '''•'' ^^''^' ^^^ '^^^ fhonld b
? kL I ', ,'".T '"2; to Law; but all thofe Matters arefo well de
fcnbed by his Lordfliip, in his Papers before touched that a Tran fcrinf
It .s already to be found in the Examen. His Lordfhip's grea,e(?
Content ay in his Majefty's Prefence, who almoft conft n ly atfended
Us M.niflcr ; whereas Accounts, coming to him by the Report of
others, would be defedive, and, probably, not without fome Kr
Mrfreprefentat,ons. And, on the other Side, the Minifters. and particu-
MS Majefty s Clemency, Juftice, and Inclination to Mercy • vvhich"
hrough the whole Proceeding, were egregious. He punifhed ^o Man'
n^ottrtT 'i' ^J''^"" '^'"^ "°' ^"^^^S^ theTreafL home (Zgh
in other Refpeds they were guilty enough) in Cafe they declared fll
t r'cd thJ- 1' f "^Tr"'°"' "'I' •"=> '^ '"g^"-- Co'nfeflTons ler
ipared tho no great Ufe was to be made of them; and the Kin^r
^0 e. Of thefe diverfe brought before the King, came on their Knees
holding up therr Hands, begging his Mercy, for their poor Wves and
1 y /;. j.v/..^ ,// hu Subjeeis had Wives a J Children, br ■whomth^.
had mojl Regard. And for the Honour of his Majeft/and ^727
iiail, or Tr.al, and none brought to Trial without a conviftin- Evi
dence, no Rewards, nor tempting Encouragements, leading Qeftions'
Th.eats, or other undue Means held forth to dra^ from Sn Ar
tlt""^ P'-nly to declare all they knew. And after all tSt Se"
ClS en of Ve tZ ^"^^;^«'.g'-^'^i°"fly reftored to the Wives and
execrahle 1 '^\f"^^'"\ And it ever, in Cafe of a Confpiracy Jefs
exec able than this of the Rje, there is an Inflance of Fuftice fo
legally pur ued, and, in the Conclufion, well temper'd as here I defire
ly Ittltf '^ ^"' '"°^^"' '' ''' "°^^ '' '° "^^^^^
Among other guilty Perfons, fome Scotchmen were difcover'd and
taken; and becaufe their Scene lay \n Scot/and, they couL not be
ndided and tried here; therefore it was thought fit to^fend hem into
their own Country to be tried. But the Time being nice, and the
Court
159
Scot r I men fent
honu to be
tried.
LORD /DEEPER GUILFORD.
Court defirous that no Meafures fhould be taken, which might be
pretended not legal ; and it being the Mode to cavil at every Step, and
raifc Moot Points, like finding Knots in Bulruflies, as was done in this
particular Cafe, whether thefe Men might be fent into Scotla?2d ov not:
The King thereupon ordered his Attorney General to give his Opinion
in Writing; which was, that his Majefty might fend his Scotch Sub-
jeds into Scotland, to be punifli'd for Offences committed there.
Before we part from this grand Confpiracy, I muft remember that Penned the
it was thought fit for the Satisflidion of the People*s Minds, who ^^'-^^^'^ :=ition,
were in a great Amafe, and confequently Doubt of the RcaHty of ^caxtl''''"^
this enorme Plot, to publiHi a royal Declaration of the very Fads of
it, and of all the material Circumftances, pundually ftated, and all
out of the Depofitions of the Witneffes ; to the Veracity whereof it
fliould not remain in any one's Power to objed: And fo as to leave no
Colour for any Perfon to doubt the Juftice of his Majefty 's Proceed-
ings thereupon. This was prepared and compofed moftly, if not
wholly, by his Lordfliip ; which I will with more Affurance profefs,
becaufe I have heard his Lordfhip often, in Difcourfe, exprefs moft of
thefe fingular Notions and Turns that are in it j and the like may be
found in his Writings : As for Inftancc that, after all Endeavours
by Way of Sedition failed, the Rebels reforted to Arms, and Jfjajina-
tion-, with other as fignificant Paffages. The Declaration "itfelf is
penned with that Exquifitenefs and Caution, and all upon the Steps of
Truth, made good by Teftimony, as may well be afcribed to one of
his Lordfliip's accomplifh'd Knowledge of the Law, Experience of
Affairs, and happy Turns of Thought, and ExprelVion in Bufinefs.
And I might have inferted this in the very Words, as Part of his Lord-
iliip's Pen- work; but have declined fo to do, becaufe, at the Time, it
muft needs have been laid before, and confider'd by, the reft of the
Miniftry, and by them, in fome Refpeds, alter'd or correded, as they
might think proper. After this Declaration was publifli'd, and (as
was commanded) read in Churches, the People return'd their joyful
Senfe of the King's Safety, after the great Danger he had been in, by
numerous Addrefles from all Parts of the Kingdom j which gave fuch
a Stun to the rebellious Party, and their Friends abroad, that little
Sign of any Refurredion to Adion appear'd in them, while that good
King lived ; tho' it's prefumed their Trance was not fo profound,^but
they lay watching for frefli Opportunities, from Alterations in the Me-
thods of the Government, and the Miniftry. to be moving again, and,
at length, they were gratified fufficiently, and due Ufe thereof was
made, by the Changes that follow 'd.
Biit:
. 2
h'\
j6o
The LIFE of the late
Dr %fr^t\ But his Lofdlhip did not think this Declaration enough ; for, by
R!fSr '^' "\'^"7 Years Pradice of Lies and Mifconltrudions of the pulilick Ad-
ineakin^ly miniftratiou, the Peoples Minds had been too much corrupted towards
rccant.d. a Prejudice againft their Government, and they were become inclined
to believe all the Evil that was lyingly afiirm'd of it: And this Difeafe
could not be cured on the Sudden, but by Time and Application of
due Remedies to fet them right. Therefore his LordHiip advifed that
not only all the Depofitions, as they were fvvorn, (liouid be publiih'd
in Print, but alfo, confidering fuch "Matters would not be pleafant or
inviting to be read by the common People, that a well-penned Rela-
tion of the vvhole Confpiracy (hould introduce them; which (liould
be made as inviting to read, as the others apt to convince, which mufi:
happen, being all along referred to them. The Advice was approved,
and Dodlor Sprat, then BiHiop of Rochejier, a moft polite Enrrlijh
Writer, was employ 'd to do it ; and, having all the Depofitions tluly
copied before him, he perform'd the Tafk mofl completely, as the
Book itfelf fufficiently demonftrates. This had been a lately' Monu-
ment of Honour to that reverend Prelate, if he had not kick'd down
all the Merit of it, by a pufillanimous Behaviour; for, after the Re-
volution, when he fear'd being call'd to an Account for ading in King
Jajnes the Second's high CommilTion Court, hepubliHAi in print two
degenerous Epiflles of Recantation to the Earl of Dorfet ; the Latter
moft fneakingly apologifeth for his writing this Book, in which I
have not obferved one Sentence, which, even ni that Time, could juftly
be made criminal : He fays it was unwillingly drawn from him; and
he hopes he is not to anfwer for what lie did not, as well as for what
he did write ; and that it was (hewed to the Lord Keeper North, who
added fome Things, that had efcaped him ; whence we are to fuppofe
that all, which did not then pleafe, murt be attributed to the Lord
Keeper, and not to him. A /lately Apolo^jetick ! But grant half of it
had been added, or correded by the Lord Keeper; who could better
adjufl fuch a Relation, than he who was at the Helm of all the Exa-
minations, and had both bkill and Will to do it according to Truth?
His epifcopal Lordfliip had done well to have fliewn, in his Letter
what was fo added, and then the Saddle would have fallen on the right
Horfe, or at leaft to have expreffed wherein he was to have been a
Sufferer, if he had been call'd to anfwer for the whole as it was •
but fome Mens Timidity offufcates their Under/landings, tho' otherl
wife never fo bright.
TheVi.dica- }^ ^ou\d be an ungrateful Thing to pafs over in Silence the greatefl
Hon otvindi- Vindication of all thefe Proceedings againft the i?;Y Plotters (in the
canons, by the Dircdion of which his Lordfliip had the greatefl Share) that ever hap-
pened
LORD KEEPER GUILFORD. i^i
pcncd to a Government, and its Miniflry, fince the World began. Committees
And that is (1 fay not of the Plotters themfelves, but leave that to '^^^'^'i^"*'-
fober Refledion, but) of the adverfe Party, in full Rage and Power,
and breathing all that Revenge which formerly they had menaced]
and confirm'd with numberlefs Oaths, and Execrations. If this be the
Cafe, it will not be thought I have here dealt in Hyperbole. After
the Revolution, when the Affemblies of Lords and Commons met at
Wejlminfter, the Matters, by Way of Inquifition retrofpeded, are re-
ducible to two Heads. One was concerning the Proceedings in the
City of London, in the Choice of Sheriffs, and the Confequences ; and
the other was the Trials and Convidions of the Culpables in the Rye
Confpiracy. The former was undertaken by the Commons, and the
other by the Lords. The Commons fummon'd Sir John Moor, that
had been Lord Mayor, and Sir Dudley North, with Sir P. Rich, his
Partner, Sheriffs, and all Perfons who had to do in the City, about the
Common Hall. And thefe were examined touching their Right, and
the Manner of their Behaviour, and they anfwer'd plainly and candidly ;
and tho* tempted to accufe Perfons who were dead, as the Lord Keeper
North, and Sir Leoline Jenkins, of fomewhat they could have called
Crime, anfwer'd negatively, and, to their own Charge, fully, and went
no farther: And finally, there being no Fault found in them, they
were all difcharged, and nothing more faid to them. The other In-
queft, concerning the Rye Criminals, went deeper, and every one, that
was examined, was fworn ; for the Lords may adminifter an Oath,
but the Commons may not. The Executions of the Criminals (for
Brevity) were pre-judged to have been illegally inflided, and fo not en-
quired into ; but the Suffering Perfons were pre-fuppofed to have been
murthered; and the Committee of Lords was appointed to enquire by
what and whofe Means thofe Perfons came to be murthered, or to
that Effed, as the Journals will fliew : And for this Reafon, that
Committee was call'd the Committee of Murther; which mufl needs
terrify thofe that were fummon'd to appear before it. In fhort, they
fummon'd all the Officers, Witneffes, fome Counfel, and every particu-
lar Perfon who had, as they were informed, faid or done any Thin^
relating to any of thofe Trials; and, as I faid, examined all upon
Oath, in order to find out fome Irregularity, or Corruption, in what
had been done in thofe Matters. And after all the teifing, Vcrewin?
good Words, and bad Words, as fome thought fit to ufe towards pari
ticular Perfons examined, there was not any one Peccadillo difcover'd
nor any Adion or Speech of any Perfons, in or out of Authority'
made known, which could be laid hold on as an Abufe or Mifde-
meanor, that might be cenfured; and fo the Committee fell, and no
more News of Murther. And this is that Vindication of Vindications
X I men-
idi The LIFE of the late
I mention*d before ; which, for the Honour of his Lordflilp, as well
as the reft of the loyal Party, I have extended more fully than other-
wife needed to have been. And, for the Clofe, I mufl needs obferve,
that it was wonderful, that in the Ardor of thofe heated Times (which
may be imagined, but hardly exprefled) the Minifters and Agents
fliould not only be fo intelligent, but withal careful of the Forms
and Subftance of Juflice, and their Duty, that, on fuch a dire In-
qucft as was not forethought ever to come over them, not one Fault
fhould be found, neither wilful, nor out of human Infirmity or Ofci-
tancy. O the Virtue couched in Horace! Integer vita fcelerijque
ptirus.
Made 3 p. ivy But^ to rctum ; in the greateft Difficulty, that ever fell upon King
an7t"ken into ^/^^^/^^ the Sccoud, from the Parliament, and indeed the whole Na-
the Cabinet, tion, which was corrupted with the Air of Oates's Plot, the King
made a dangerous Experiment ; which was a Reform of his Privy
Council, diflblving the old one, and conftituting one anew -, which
took in the Lord Sbaftjhury as Prefident, and the Heads of the Male-
content Party of both Houfes ; as may be feen in the Examen. This
flruck the loyal Party to an Aflonifhment; but the King made Ufe of
his beft Friends, and, among others, took in the Lord Chief Juflice
Nort/j 'y which made him wonder to find himfelf in fuch Con^pany:
But all turn'd right at lafl. Not long after this, his Lordfliip was
taken into the Cabinet; where, as to all Matters that related to the
' Law, and ordinary Policy, upon the Foot of the King's true Intereil,
he had almoft a judicial Regard.
Fill of Danhy T^g Earl of Danhy thought he could ferve himfelf of this Plot of
pTrdonld,'^' Oatesy and accordingly endeavoured at it; but it is plain that he had
pleaded, dif- no Command of the Engine; and, inflead of his fharing the Popularity
putcd, q£ nurfing it, he found himfelf fo intrigued that it was like a Wolf
by. the Ears; he could neither hold it, nor let it go; and, for certain,
it bit him at laft: Juft as when a barbarous MaflifF attacks a Man,
he cries poor Cur, and is pulled down at laft:. So the Earl's Favour
did but give Strength to the Creature to worry him. Herein he fail-
ed, I. in joining to aid a Defign of which he did not know the
Bottom. 2. In thinking a Lord Treafurer, that had enriched hi'rJeif
and his Family, could ever be popular. And the Plot went fo far z-
gainft him that he was within an Ace of being accufed of Goiffrey's
Murther: But this was late. In the mean Time, upon the prodiicing
of fome Letters of his to Mr. Moimtagu the Emballador in Fraucey
in the Houfe of Commons, importing a Treaty between the King of
Engla?id and the King of France^ for Money to be paid upon the
Peace, he was impeached j x^rticles of HighTreafon were brought up,
and
LORD KEEPER GUILFORD.
^3
and he was committed, and, afterwards, pardoned, the Pardon plead-
ed, and the Validity of it difputcd by the Commons. It was firfl con-
fidtrrcd if the Earl fliould venture to plead the Pardon, or no, left (in
Cafe the Pardon were difallowed, and his Plea over-ruled) it would be
peremptory, and he not be admitted to plead over, as non Cul, or what
other fpecial Matter he had to defend by.
But notwithftanding this Hazard, that if the Lords had judged a- cfc of the
gainft the King's Power to pardon after an Impeachment lodged in ^t^vf,*^"*
tlie Houfe of Peers, he might not be allowed to have pleaded over, coDildcj-r
taking the Pardon pleaded, as isufually held, to be a Confeftion of the
Fad; yet he did plead his Pardon to the Impeachment, and relied up-
on it. And fo it ftood, at the Dilfolution of the lVeftmi?jJler Parlia-
ment, ready to he argued and debated in the Oxford Parliament. And,
if the expedite Diflblution had not prevented, it might have made
much ado between the Lords and Commons ; for it was not probable
that the Lords, by enervating the King's Pardon, would have left
themfelves liable to be impeached, and out of the Power of the King's
Mercy. But the Fadlion, in all Difcourfe and Writing, aflerted the
Non-Validity of the Pardon, with all the Earneftnefs that could be;
and, at the fime Time, the Men of Law ft:ared at fuch a Pretence,
as an unheard-of Innovation, accounting the Offence in the Impeach-
ment to be the fame as in other Courts that have Cognifance of it;
that is, Treafon againft the King ; which, as all Felonies and Mifde-
meanors are, is puniftiable at the King's Suit, and may be releafed by
him; the Impeachment being but as an Indidtment in the high Court of
Parliament, which is the King's Suit.
There is a certain Heathen Englip Philofopher that fays, when rht'E.xtrivx.
Reafonis againft Men, Men will be againft Reafon-, which notable, g^"^^^^,^[ ^^-_
worldly. Saying never ftiined brighter in any Inftance than in this; for fu! Predetcr-
it is hard to pick, out of the whole Law, a Maxim more fure than "^Jnations.
that the King can pardon all high Treafons, univerfally. And yet,
when Paffion was at Work, and Refolution taken to urge the Lord
Danbs to the Death (for what Reafons ; whether to prefs fome Secrets
out of him, or otherwife, touching the defperate Dependences of the
Time, I attempt not to fay here) it's no Wonder that Arguments, fuch
as they were, grew up like Muftirooms. His Lordfliip ufed to ob-
ferve the Method, when Points were previoufly refolved upon, which
could not be maintain'd direcftly ; as here, that the Ki?7g cannot par-
don, Firft, fay they to themfelves, is there any Cafe of Offences by
Law, that the King cannot pardon ? Yes; private Rights, as Appeals,
and common Nufances. Say you fo ? Then this Impeachment is for
a Right of the People, and is their private Suit by their Reprefentatives
the Commons \ and, rather than fail, call the Offence a Nufance. And,
X 2
turning
Frafticable.
»<^4 T^he LIFE of the late
tinning the Tables, fee how with pofitive naming and affertine if
People importunely give Way to it, and quit the plain Text of the
J.aw, any Thing may be flood upon. It may be proved that the
King can pardon Bonds and Mortgages. For afk, firft, what can the
King pardon.? Anfwer, Outlawries, and Trefpaffes ^7■ (^ ^m/V Then
becaufe a Man may be outlawed in Debt, call the Bond an Outlaivrv -'
and, becaufe a Man may enter by Virtue of his Mortgage, call it a
Trelpafs with Force. It will be /liid that thefe Points are too imou
dently urged : I grant it. And what is to be faid of the other • for'
• 'u ^""^'^^VJ-^^ '''^ '"^'"^ • "'' Lordfliip was always of Opinion
that all falfe Reafonings, in Matters of Life and Property, were of
dangerous Confequence ; and that Men are not aware of the Mifchiefs
to the Publick wlien, from high Places, Times ferve themfelves of
tnem box which Reafon his ordinary Sentence, on fuch Occafions
yfa.% Nova, non vetm Orbita fallit.
Jt'rh'^tl ^^ f "°* '"^'J'^if J^ere with the Hiftory of the Cafe of the Earl of
by the yimg-s- i;J,^nby at large. It may be found in the Examen, and, for fail in
^:t:^ LordZn^rn°"'- ^T i-''""r o"'^""' ^^'^'g^' *°"*'"g °"Jy his
.houshenof ^^ 'P. « Concern refpefting the Parliament: And that is the Point
raaicbi.. of his being bail d ; wherein his Lorddiip difFer'd from fome of his
Brethren. The Queftion turn'd upon the Authority of Parliament
He flood committed by the Lords, upon his Impeachment, when the
Weflmnjier Parliament was difTolved ; and, at the fame Time the
untried Lords, committed for Oatei\ Plot, lay there on the like he
count. And now both the Earl and the PopijJj Lords thought that
by joint Influence, they might get to be bail'd. Accordingly, upon the
Return of an Habeas Corpus, his Lordlhip, the Earl of Banby was
brought up and appear'd in the King's-Bench Court. The Cafe made
a great Noife, and raifed a great Expedation what would be the Iffue
His Lordfhip being confulted (though not of that Court) anfwer'd
• T rr:l'.°^°P'"'°" '•'''* "^^ <^°"f' of King's-Bench, being inferior
in Jurifdiftion to the Houfe of Lords, could not bail their Prifoner
after he had been charged by fpccial Articles: For they had no Means
to bring down the Record, whereby to determine any Thing of the
Cauleot his Commitment; and, for ought that they could iudiciallv
^"°^' '^^•"■ght be attainted of the Treafon. It is certain that the
Lord Jeffnes, then Chief Juftice, in Court, refufed it ; and yet he
was a great Stirrer up of the Point, in order to gain the other fud-es
to countenance his (then declared) Opinion for the Bailing ; whfcli
was taken ill, as may be touched elfewhere. So the Lords were not
bailed at tnat Time But, in the Reign of King James II. they were
fet free ; and (with the Peace of all Forms) I think very juflly. for
It IS a prodigious Injuflice to hold Men in Prifon perdue, without any
Trial,
* ^;•^
LORD KEEPER GUILFORD. i(f;
Trial, or Recourfe for Liberty : And, if the giving it was irregular,
it was erring for Juftice ; and one would think that fuch Confidera-
tion might purge the Irregularity. But nothing hath ever been faid
againft it, in Publick, yet j and, fo far, all is well. His Lordfhip
had a Revelation in his Mind, that this bailing of Danby was a Thorn
pufhed towards him ; though nothing came of it.
While the Cafe of the Earl of Danby depended in Parliament, AnHJiih
there was a factious Pamphlet publiflied, which aim*d to prove the cefl^r^'Vo'n
Judicature of the Lords almoft fovereign ; and that all Courts, eccle- impeach-
fiaftical as well as temporal, were fubjedt to it, and appealable j that J"*^"^!-. ^''
the Houfe was the Magnum Concilium ^ or great Council, in the Senfe Thoughts of
of ancient Records; that, in Trials for Treafon, the Peers were Judges the Magnum
of the Court ; and that there was no other Court but the Houfe it- ^^^"*"*'
felf ; and that there was no Need, nay, it was an Ufurpation to have
a Lord Steward. For the Commons demanded of the Houfe of Lords
that they ftiould pafs Sentence upon the Earl's Plea of his Pardon ;
and the Lords addrefled the King to appoint an High Steward, in
order to the Trial of thefe Impeachments ; and fo it was wrangled off
and on till the Seffion ended. But his Lordfhip, provoked by this
Pamphlet, but more to fee People miftake the Laws, and ftrike fo
hard at Foundations, compofed an Anfwer to that Pamphlet, fhewing
that a Lord Steward and his Court, as well in Parliament as out of it,
are neceftary to the Trial of a Peer 5 and that the Lords take the
Place of Parity, purfuant to Magna Chart a. But the Law and the
Sentence are of the Court, and not of the Peers ; and farther, that the
Magnum Concilium inParliamento, or the great Council in Parliament
was, anciently, not the Peerage but, all the Officers of State, and
fuch as the King (hould call to ferve in that Capacity 5 and that the
Placita in ParliamenfOy or Pleas in Parliament, came before the great
Council juridically, and not before the Peers. But, of late Years, that
Jurifdidtion, which is the King's, is executed by the Peerage ; and the
Council remains only in the Capacity of Affiftants : And fo it is like
to continue.
It may be expedted here that an Account (hould be given how, and His Lordfhip's
in what Manner, as well as to what Purpofe, his Lordfliip was con- theExdufwii.
cern'd in that great Affair, promoted and known by the Term Exclu-
fion. It was a Bill, promoted by the Commons in the little and latter
Weftminfter Parliaments, to exclude the Duke of Tork^ by Name, from
fucceeding to the Crown of England. The Steps and Conducft of it,
and what Difappointments it had, Hiftory mufl fhevv. I know only
fo much, viz. That his Lordfhip look'd upon it not to attack the
SuccefTion more than the prefent Monarch. For, if fuch a Founda-
tion were once laid, whatever Importunity prevail'd to gain it, there
would
. \
%
1 66
TheQ^ieftion
of Right,
whether the
Houfe may
impeach Com
moners capi-
tally.
Arrival of Sir
DfiJlty North.
77je LIFE of the late
would be the fame, with very large Encreafe, to obtain all the Power
of the Government out of the King's Hands, upon Pretence to f r-
tify the Exclufion : For it would be faid, it is true, there is a Law •
but what is that* without Power ? Meer Paper. And, then, the Mi-
litia, and all the civil Commiffions, mufl fall, as a Sacrifice to the
Exclufion, into the Hands of the King's Enemies.
About this Time, in the Houfe of Commons, it was made a Queftion
whether they had a Right to impeach Commoners, in the Houfe of
Peers, capitally, or not ? Againfl that Power it was alledged that, if
Commoners are condemned by the Lords, they lofe their Challenc^es;
and their humble Eflate is not fo fenfible to thofe great Men, a1 it
would be to their Equals. Therefore it was provided by Magna
Chart a — 9luod juper nullum ibimits nifi per Judicium parium, aut
per Legefn Terra, Which Sentence couched two Sorts of Trials ; one
of the Fadl, the other of the Law. The latter cannot be per pares^
but by the Court who judge upon the Fad per Legem Terra]
and the Fadt, which to try is the Work of the Peers, may be confelfed
exprefly, or by a Pardon pleaded, or a Demurrer. Therefore the Lex
^erra was put in to anfwer thofe Cafes, whereof the Fadt was ftated
by Trial and Confeflions and the Judgment of the Fad, guilty or
not, and of the Law, whether Judgment of Death or not, are two
Things anfwer'd. i. ^y Pares, and, 2. Legem Terra, Sir William
Jones^ who took the Condud of this whole Affair, in the Houfe, upon
himfelf, and was the chief Didlator of the terrible Votes againfl the
Lords, upon that Monday on which the Parliament was diffolved, en-
ter 'd upon his folemn Argument, to fhew that the Commons had a
Right to bring a Commoner to Trial for his Life by an Impeachment
in the Houfe of Peers, and infifted that it was confident with Ma^na
Charta j for, although the Peers Sentence is 7iot per Pares, yet it is
per Legem Terraj.— - And, as that Word was out of his Mouth, the
black Rod knocked. This Matter came not to the Judges to give any
Opinion; and, if it had, they had a Declinatory of Courfe, i;/;s. That
Matters oj Parliament were too high for them. But, neverthelefs,
his Lordfhip confider'd all Points, and particularly what were moved
in this Cafe.
In the Time when the Publick was intrigued, and indeed tired with
the blundering Proceedings of Oates and his Plot, his Lordfliip had
the great Confolation of the Arrival of his Brother, Mv. Dudley North,
who, having refided at Smyrna and Cofijlantinople, above twenty
Years, as Fadlor and Merchant in the Way of the Turky Trade, and
had got a fair Eftate, returned to England to enjoy it. I fhall not
charaderife this Gentleman, nor enlarge much concerning his great
Dealings abroad and at home, having referred all thofe Matters to the
Account
LORD KEEPER GUILFORD. \6^
Account of his Life. But the mod remarkable Obfervation of this
Mercantile Spark, was that he came with fuch an idolatrous Refpedl
for Oates and his Plot, as if he had been truly, what Oates blafphe-
moufly arrogated to himfelf, the Saviour of the Nation. This was in-
ftilled into him by the Merchants of the Turky Company in England -,
who, being generally fadious, in the Flame of the Plot, had fent Ac-
counts abroad which created fuch enorm Imaginations in the Fadors.
But when, by a long Converfe with his Lordfhip, (for a little Time
would not do) the Myftery of Iniquity was unveiled, and the Mer-
chant faw that his Idol was fuch a Heap of Naftinefs, he wondered
fufficiently at the Stupidity, or Knavery of his Correfpondentc here.
There was little or no Intercourfe, by Letters, between his Lordfliip
and him in Turky, for diverfe Years before he arrived. Both had fo
much Bufinefs, of other kinds, that they had left off writing long Letters
to each other, as formerly they had done. However, it had not
been fafe to have committed to a written Difpatch, fuch Freedoms
about the Plot, as was needful to do Right to it ; nor was it thought
material, at that Diftance, to tranfmit fuch nice and amufing Intelli-
gences. But the fadious Party made it Religion to propagate the Faith
of the Plot, all the World over, as far as they could carry it by their
Correfpondences. All which was agreeable to Proceedings here; for
the Impudence, as well as Shame, of fo great a Falfity, was fcreen'd
by Publick Authority and Violence; under the Cover of which, the
Belief of it was obtruded, and all open Contradidion fuppreffed.
And, from this Inftance, let it be obferved that, where Force and Vi-
olencc ufurps the Office of found Tejiimony, and deprives Men of the
Liberty of judging, Falfity and Wickednefs lies at the Bottom.
Thefe Brothers lived in this manner with extreme Satisfadion in Dircourfes of
each other's Society; for both had the Skill and Knowledge of the ''^'^^^•
World, as to all Affairs relating to their feveral Profeffions, in Perfec-
tion ; and each was an Indies to the other, producing always the richeft
Novelties, of which the beft Underftandings are greedy. And it mufl
be thought Trade andTraffick in the World at large, as well as in par-
ticular Countries, and more efpecially relating to England, was often
the Subjed. And Mr. Dudley North , befides what mufl: be gathered
from the Pradice of his Life, had a fpeculative, extended Idea; and
withal, a Faculty of expreffing himfelf, however without Shew of
Art, or Formality of Words, fo clear and convincingly, and all in a
Style of ordinary Converfation, witty and free, that his Lorddiip be-
came almofl: intoxicated with his Difcourfes. And thefe new Notions
did fo poffefs his Thoughts, and continually ailiime Shapes and Forllis
in his Mind, that lie could not be eafy till he had laid them afide, as
it were upon Paper, to which he might recur, when Occafion was,
to
1 69 77je LIFE of the late
to reconfider, or apply them. And if, at the Council-Table, Trials
of IfTues, or by probable Relation, any thing touching the Publick,
occurred (which he would not lofe, and yet not have the Burthen of
it lie a Charge upon his Memory) if not upon the Spot, yet, when he
came to his Clofet, he difpofed it.
Tradcjikethe But here, having mentioned fome new Lights ftruck about Trade
Sea, umvcrfal. niore than were common, it may be thought a jejune Difcourfe, if
1 fliould pafs on without giving fome Specimens of them : Therefore
I add a Note, or two, that I could not but obferve. One is that Trade
is not diflributed, as Government, by Nations and Kingdoms ^ but is
one throughout the whole World; as the main Sea which cannot be
emptied, or repleni(hed, in one Part, but the whole, more or lefs,
will be afFedled. So when a Nation thinks, by refcinding the Trade
of iny other Country, which was the Cafe of our prohibiting all
Co-nmerce with France, they do not lop off that Country, but fo
much of their Trade of the whole World as what that, which was
prohibited, bore in Proportion with all the reft ; and fo it recoiled a
dead Lofs of fo much general Trade, upon them. And as to the
pretending a Lofs by any Commerce, the Merchant chufes, in fome Re-
fpecfts to lofe, if by that he acquires an Accommodation of a profitable
Trade in other Refpeds. As when they fend Silk home from I'urky, by
which they gain a great deal, becaufe they have no other Commodity
wherewith to make Returns. So, without Trade into France, where-
by the Englijh may have Effeds in that Kingdom, they could not fo
well drive the Italian^ Spanijh, and Holland Trades, for want of Re-
. mittances and Returns that Way.
Another Curiofity was concerning Money; that no Nation could
want Money ; and they would not abound in it : Which is meant of
Specie for the Ufe of ordinary Commerce and Commutation by Bar-
gains, For if a People want Money they will give a Price for it;
and then Merchants, for Gain, bring it and lay it down before them.
And it is fo where Money is not coined ; as in Turky, where the Go-
vernment coins only Pence or Half-pence, which they call Parraws,
for the Ufe of the Poor in their Markets: And yet vaft Sums are
paid and received in Trade, and difpenfed by the Government; but
all in foreign Money, as Dollars, Chequeens, Pieces of Eight, and the
like, which Foreigners bring to them for Profit. And, on the other
Side, Money will not fuperabound; for who is it that hath great Sums
and doth not thruft it from them into Trade, Ufury, Purchafes, or
Cafliiers, where the Melting-pot carries it ofi^", if no Ufe, to better Pro-
fit, can be made of it. People may indeed be poor and want Money^
becaufe they have not wherewithal to pay for it; which is not Want of
Money, but want of Wealth, or Money's Worth ; for where the one
is, the other will be fupplied to Content. Mr. Dudley North was fur-
prifed
Udocf-y can-
«f»? be long
'•^ jntcrd, nor
LORD KEEPER GUILFORD.
i
LORD KEEPER GUILFORD.
177
his wifeft Courfe. But his Lordfhip knew him to be a mere Lawyer,
and a timidous Man, and accordingly left him to himfelf And his
Lordftiip did not in the leaft refent the naming him (fo degeneroufly)
as he did, but ever after held fair with him as before, and gave him
common AfTiftances and Countenance, as if no fuch Proceeding had
been. Which, as I faid, was a Species of Humanity feldom piadifed
in the World.
But ftill, although the Matter of the Proclamation came to nothing, Ofrhc Reb.l.
the Sky was black, and good Men were not at Eafe while this Par- l^'d'^llTlr^
liament fat. They flew fo fiercely at the Abhorrers, and at the Sue- impudent Af-
ceffion, and under that, as fome thought, at the Crown itfelf, that ^'^^ion of the
none could forefee what might happen. The King offer'd divcrfe Ex- abour^ud.
pedients and Qualifications of Power in the Succeffor, which werelmgk.'
(moft wonderfully) refufed ; which fome thought was only becaufe
they did not affed the Poffeffion. But what the King might, by Im-
portunity and Inconvenience, be drawn to yield to for the Mifchief
of the Nation, no Perfon knew, or, by any Forefight, was fecure of.
The Lord Sbaftjhury headed the Fadion, and made an incentive Speech
in the Houfe of Lords, of which numerous Copies were fent the fame
Night, by the Poft, to Edinburgh. And thereupon the Rebellion
broke out j of which a full Account is to be found in the Examen.
The fame Fadion ftarted a Queftion about the Lawfulnefs of fending
Forces into Scotland to quell that Rebellion, and whether it was not
againft the Articles of the Union, in the Reign of King 'James I. as
is more largely fhe wed in the faid Examen. His Lordfhip was of
Opinion there was no Ground for the Scruple at all ; and, afterwards,
fet it down among fome other Politions, which he titled impudent
A[[ertions of the Fadlion. But however, that did not fatisfy fome
Counfellors (for the late Regulation, or Reform, as it was called, was
then in Being) and that Quaere had got abroad among the OfHcers.
Thereupon the King, to proceed formally, order'd Sir William Jones^
his Attorney General, to confider the Treaty and the prefent Circum-
ftanccs, and give his Judgment whether Forces might be fent or not ?
And he returned that they might; for Forces, fent in Aid, and at the
Defire of the Government in Scotland^ could not be conftrued an hoftile
Invafion in the Senfe of that Article. And thereupon the Council
came to a Conclufion, and the Commiffions were order*d. For the
Court of England was now fo fteddily determined to ad, in all Things,
according to Law, that the Fadion could find no Way to annoy them
but by corrupting the Law itfelf; and what they, forfooth, would
have to be Law, muft be fo, and nothing elfe : Although, at the fame
Time, when thus they ftrained at Gnats, they fwallow'd whole Ca-
mels and confequently fully demonftrated the fame. It is Pity honeft
Z Men
■ I .
m
Paiiiament
iintcd.
^^8 ne LIFE of the late
Men iliould be fo mealy-mouthed and fcmpulous, as they are apt to
be, when, upon the Stability of the Government, their All is at Stake.
So, in the Time of the Rebellion of Forty-one, when, in the Mid-
land Counties, the Rebels raged in Arms, and aded downriglit Uofli-
lities againft the Crown, the honefl Gentlemen, in other Parts of the
Kingdom, 172:. towards the Weft, were fneakingly diiputing whether
the King's Array were lawful, or not.
]i'nhie\ ^''*' ^^^ Lordiliip had, at this Time, few Friends in Court; but, next to
FiiV^d(>.ip, }^^ ^5^"^' ^^^ ^"^^^ always fure to liim, the Duke of Lauderdale was
andDifToluti- in his perfed Amity. TheDuchefs, when (lie wasCountefsof JDj'/j;/
tionofthe lived at F^/t;?Z/^;;2 ii:>. Siifolk, near to I'ojicck, where his Father lived ^
and the Lady refided there for the Sake of bringing up her Children at
^//r>' School i and, as, in fuch Cafes, is ufual, his Lordfliip's Brothers
and her Sons, at Breakings-up, were Playfellows. This Acquaintance
made no great Advance; but the Lady, being a Politician profefl'ed,
and afterwards married to the Duke oi Lauderdale, after his Lordfliip
became confiderable at Court, call'd upon his Acquaintance, and brouc^ht
her Huiband to be a familiar Friend, who, before, had but valued him
for his Abilities, and Service to the Crown. And his Lordfhip's Bro-
ther, Mr. John Njrth, for general Learning eminent, was alfo taken
into the Duke's Confidence and Friendfliip ; and the Duke himfelf
being alfo learned, having a choice Library, took great Pleafure in
?4r.AV//;'s Company, and in hearing him talk of Languages and
Criticifm. And thefe Brothers were not feldom entertain'd at the 'Treat
Houfe at Hamy and had the Freedom of the Gardens and Library.
This great Man was a folemn Confolation to his Lordfliip, becaufe he
could open his Mind freely to him, and rely upon his Sincerity. I
mufl never forget one Paflage, which happened at Dinner at Ham. I
have mention'd how his r.ordlhip was touch'd in the laft Weftminfter
Parliament, but the Duke much more fiercely; for he kept the Scotch
Gates fad, fo that Rebellion could not enter on that Side; which
diftreffed the fadlious Party in the highefl Degree, and drew upon the
Duke more than one or two Addreffes to part him from the King ;
but the King would on no Account part with him. So that both
thefe Counfellors were as blown Deer, and would be glad to have the
Parliament difiblved ; of which, to fay Truth, the whole Nation was
weary. And, at this Time, the Froft was very fliarp, and the Com-
pany at Dinner complain'd of Cold. The Duke turned and, looking
back towards the Window, faid there ii:ill be a Thaw foon. None at
the Table, but his Lordlliip, gueffed at his Meaning. And fo he in-
tended it; for he knew that the Parliament would, in a fev/ Days, be
difiblved; but his Lordflnp did not, till he gueffed fo from that Sen-
tence of the Duke's ; and it proved accordingly. And lb the Duke
difcover'd
LORD KEEPER GUILFORD.
if'.
^79
difcover'd and, at the fame Time, kept the grand Secret, which was a
tiue Turn of a Politician.
About this Time, a fatal Stroke happened to his Lorddiip, i;/;?r. the TheDe-.ih of
Lofs of Dr. North, Mailer of Tri?iity College in Cambridge, liis dear l-'--^'-^/-'-
Brother and familiar Fiiend. I call it Lofs ; but it was much worle,
for he w^as maimed by an Apoplexy, and difablcd both in Body and
Mind, which, more or lefs, is always the Effcdt of that Difeafe : But
when it is in a high Degree, as his was, the Cafe is moil deplorable.
It proved that which they call an Hemiplegia, which refciiided the
chief Ufe of one Leg and one Arm, and diftorted his Countenance,
corrupted his Speech and, what was more than ordinary, c^iii him into
Convulfion Fits, which returned, for the mofl Part, monthly, and, not
only tormented but, difpirited him, and made the little Lil^e, he had
left, a Grievance to him. His Friends would willingly have foUow'd
him to his Grave, unlefs they might have feen him. reflored to a to-
lerable Health, and to become that bright and witty, as well as learned
and accomplifh'd. Divine as he was before. But they were forced,
prefent or abfent, to fympathife in his Sorrows; for, between four and
five Years that he lived in this mortified State, he came to a full Un-
derftanding of his Condition ; which made it worfe, as appear'd by
diverfe pathetick Letters he wrote from his College in Cambridge,
I do not enlarge here upon the Circumdances of this good Divine's
Life and Death, becaufe I have a fmall Volume exprefs on that Sub-
je6l. Therefore (hall only add here, that his Lordlhip was made the
Do6lor's fole Executor, whereby he came into an excellent Library,
efpccially of Greek Books, which the good Dodlor left, and alfo a
perfonal Eftate of about 4000/. one Fourth of which, by Direction of
the Doctor's lall; Will, was given to poor People.
I have already taken Notice cf his Lordfliip's being mnde a privy Note of th
Counfellor, and o^ the Company that came in with him, who v^xre ;[^i^''j^';, .yif
the ilifrefl: Oppofers of the Court in Parliament. For the Earl of was t. ken
Shaftjlmry was made Lord Prefident, the Lord Sunderland Secretary 1^'"'"* r-^'X
of State: tlie Earl of Eflex, Lord Ri///el, Henrv Powell, and fome
others, of the Malecontent Party, were taken in. But tlii?, being one
of the chief Incidents in his Lordlliip's Life, n:ay require a fair Ac-
count to be given of it. The long Parliament, as to all V^iQ to tlie
Crown, VvV.s grown effete, or rather unfafc ; for the Court P;'rty were
■I i.
,- 'f
f •
h-n
become a Minority; and the Fadion, \\\ I lopes of a better, did all
they could to get it diiTolved; w'hich ^fi\c Pvife to all thatNoife and Siir
as was made about Penfions. Nothing, that the King dcflrcd, could
prevail; but, on tlie other Side, Plots, and Exclulion of the Succcflbr,
were exa?<^eratcd to his ?reat Difqnict : And, after tliis Parliament wms
dillblved, anotlier v»'as chofen, cali'd iho, little IVeJhninJler Parliameiu,
Z 2 which.
• l
, I
• I
ii
:S'
1 80 Tloe LIFE of the late
which, proceeding upon the batter'd Topicks of Plots, Exclufion,
Popery, and the French^ were averfe enough to the King's Affairs ;
but yet not fo bad as Tome would have had it; for no Popery, no Pref-
bytery\ was heard founding in the Houfe of Commons, which tholt*,
of the anti- court Party, did not Hke, becaufe it (hewed a Difpofition,
upon fair Opportunity, to piece with the Crown. Thofe Perfons
therefore, who had Influence at Court, and favoured the Fadion, ne-
ver left till they got this little Parliament diffolved, as is more particu-
larly fhewed in the Examen; for it was prefumed that, as the Publick
was feafon'd, every Election would be more and more averfe : And fo
it proved; for the next Parliament flew againfl: the Court with more
Rancor and Fiercenefs than any other had done. The King, hoping
to gain a better Humour,', had done fome confiderable Things, as fend-
ing away the Duke of Torky offering Expedients, and, with others, re-
forming the privy Council : For, having difl!blved the old one, he
made a new Appointment, and (as I faid) took in the chief Leaders
of the Fadlion in both Houfes, that it might not be faid he wanted
good Counfellors. But, that he might not be lefir alone with them,
he join'd fome that were, as he knew well, affuredly his Friends, a-
mong whom his Lordfliip had the Honour to be one. In the Courfe
of thefe troublefome Times, the Loyalifls were never fecure in their
own Minds, that the King would fland the Siege, which had environ'd
him, but, at length, he mufl: be brought (as the Fadion thought and
verily expecfled) to furrender at Difcretion ; and then they fliould lie
at the Mercy of the King's, and their own, implacable Enemies. And
this Pafs of reforming the Council, in that Manner, feem'd an Over-
ture of it, as may be found particularifed in the Exameu. But his
Lordfhip, in a Hiort Time, could, by his Majefty's Behaviour amongfl
them, difcern his firm Purpofe not to quit the Reins, nor to let go the
Magiftracy into the Hands of his Enemies, as was defign'd he Ihould:
And then his Majefty's Friends were at Eafe, and took Heart a Grace
to a6t vigoroufly againfl the feditious Practices of the Fadlion ; and
the Nation, in general, were fatisfied that the King had done enough.
And, from that Time, the State of his Authority was redintegrated ;
as the Pvclations of thofe Times, if any good ones appear, will at large
demonftrate. As for his Lordfliip's being taken into the Cabinet, it
was but a Token of a more entire Confidence in his Fidelity and Judg-
merit ; and that he might be affillant, not only in the formal Proceed-
ings of the privy Council, but alfo in the mofl retired Confultations
of his Maiefly's Goverriment.
R'-nfuns for After tlie King was retiirn'd from the Oxford Parliament, the Court
was at Leifiire to look about them. For though the Fadion had a
great Shake, yet it was not fallen; for I'^noramm v/as Hill on Foot, and
the
; and the ordinary Proceedings
of State went on orderly and well; and his LordHiip was in very
good Company at Court. For the Earls of Halifax and Rocbcjtcr^
and Secretary "Jenkins and his Lordiliip conforted tofrether to
fit Bulinefs for his Majefly's Cognifance and Determination f and very
often met over Night at the Secretary's, for like Purpofes, that they
might not be furprifed, and hazard the not underflanding each otiier
the next Day: And all meaning truly the King's Service, they were
in moil: Things unanimous; and, to hold that firm, his Lordfhip per-
petually inculcated the adhering entirely to the Law, and to do no-
thing which might give Handles to ill People to pretend the con-
trary. They had Power enough, that Way, to make Examples of
thcfe that were caught offending; and, if fome cfcaped, it were bet-
ter than to drain Points to crufh them. And they had often Dif-
courfes of recommending Men to Places of Trull: And therein his
LordHiip and the Earl of Rochtpr, as to a flanding Rule, differed.
The latter was for preferring Loyal ills, which were fuch as run about
drinking and huzzaing, as deferving Men, and to encourage the
King's Friends. His Lorddiip was for bringing Men forward in Of-
fices that had dealt long, and were forwarded in them, as mod like-
ly to underdand the Bulinefs, rather than the mod willing Friends
that underdood nothing. But, in this Method of Adminidration, the
King's Affairs went on to the Satisfadion of all (honed) People;' and
the chief Virtue of it was owing to his Lord(hip, wlio would not for-
fake the Law upon any Account. But thcfe Miniders of State little
thought of a pediferous Cloud that hung over their Heads, and was
to have broke full upon them the March following; when an infer-
nal Combination of Men were to have attacked the King's Coach, as
he returned from Newmarket.
Keiling, one of the Affidants at the Arred of the Lord Mayor, a Sec-
tary, and deluded by a Fadion, otherwife a good Liver, and lioned
at the Bottom, made the fird Difcovery of this horrid Defign : Whe-
ther pure Confcience, or Detedation of the Mifchiefs he knew were
to be perpetrated, moved him, I know not; hut it is certain that lio
Combination, Temptation, or Proijxd of Reward drew him forth.
He fird made Means, by the Lord Dartmouth, then belonging to the
183
LORD KEEPER GUILFORD.
^ower, to be brought to the Secretary's, and there, in a plain Manner,
declared the whole. His Lorddiip was at the Examination; and,
when he came home at Night, he told us that a Difcovery had been
made of a mod horrid Plot againd the King and Duke; but he could
not tell what to fay to it yet: I'or the Court had been fo fatigued with
fearching into fidfe Plots, that they came to an Examination of a true
one, as Bears to the Stake ; and, as to crediting, were very nice and fcru-
pulous. They fcarce believed Keiling, who w^as but a {m'y\Q Witnefs.
But he, either out of Zeal to prevent fo much Miichief as he law com-
ing on, or led, if he were feen at the Secretary's Ofiice byany of theCon-
fpirators, it might cod him his Life, went aw^iy, and next Day
came again, and brought his Brother with him,- who confirm'd what
Keiling had difcover'd, and fully convinced the Lords that he fpoke
true. Then Warrants iffued, and Proceedings v/ere had: Ar.d when
his Lorddiip came home that very Night, he told us that he believed
the Difcovery was true. But, as Perfons were taken up, and confeffcd,
the Evidence was yet more full and incontedable ; as is particularifed
in the Examen. And the Part, his Lorddiip aded in the Difcovery, is
already related.
Now, as concerning the State of his Lorddiip's Intered, it was Hi^Lordniip's
mod notorious that, by eminent Services perform'd, throu^-h all the '''-•I't''--^ and
Troubles of the Court ; and now finally in contributing fo largrclv, as ^'^'^^''^'
he did, towards clearing up all thefe Brigucs and Embroils of the City,
and all clear and hearty, and as done cordially, and ex A?umo, and
not after the adulatory Manner of a Court, he was now fo confirm'd
in the King's good Opinion, not only for his Know^Iedge in the Law,
and all Abilities, but alfo fi^r his fincere good Will to do him Service,'
that no Art or Indudry of any Perfon, or Party, or Intered in Eng^
land (although great Endeavours, and of drong Parties, were ufed)
could make the lead Imprefhon on the King's Mind to his Prejudice.
Once, at a Couchee, a Courtier was pleafed to fay that his Lorddiip
was no Lawyer. The King, over-hearing, look'd fourly over his
Shoulder, and faid x\-\2X 'whoever J aid fo, did not know the Lord Chief
Juftice North. And although, at Court, there are always a Sort of
Underminers, who would, iftheydurd, have been nibbling at him,
they never could, in that King's Reign, gain the lead Glimpfe of En-
couragement that Way. I might have mention'd in a more proper
Place, a Paffige which mud not be forgot, which happen'd fitting the
/^Vy?w//zy?^r Parliament ; when his Lorddiip was, at that Time,^faid
to be impeach'd for the Proclamation againd the Petitioners. VVhild
he was fitting upon the Woolfiick (as the King thought; penfive, his
Majedy came and clapped himfelf down dole by him, and, Mv Lord,
faid he, be of good Comfort ; / 'will never forfake my Friends', as viy
Father
\ ■
.- r'
t i
;°fl
'> ;i
1
l!
.u
iS
I:
was fiid) of
the Lord
Chief Jufticc
1 84 77je L I F E of t-e late
Father dtd\ and rofe up, and went away, without faying a Word
more. And this Encouragement was welcome, and gratefully ac-
cepted. At length Sir George Jeffries was made Chief Juftice of the
Kings Befich, and took upon him the Condudt of that great Work;
I mean of working counter to his Lordpip ; as will appear in the next
Stage of his Life.
Before I lift his Lordfliip up Into liis next and lad Stage, I fliall re-
member an Incident or two, that fell out in the Common Pleas, before
he left the Cudiion there. One was a Trial at the Bar, which, in
Wejlminller Hall^ was call'd the Trial of the Lord ChiefJuJUce North;
which drew Abundance of Auditors, more than ufed to be at fuch
Trials. The Fancy was, that one of the Parties was the Father of
Mr. Robert Foley, his Lordfhip's Brother-in Law ; and many con-
cluded that he would difcover a Partiality in it. The Bench always
carried themfelves fair, and without any affeded Oppofition to his
Lordihipi except Judge ^//^/V?^, who took all Opportunities to crofs
him, and thought to have done it fufticiently in this Trial. The Caufe
was of a Bill of 800/. whether fatisfied in Accounts or not; if not, it
was with Foley \ otherwife, with one Sands the Defendant. The Mat-
ter was very intricate; and his Lorddiip conduced the Trial with exadl
Order, and full Latitude to the Counlel. He fifted all the Evidences
with his ufual Sagacity and Judgment ; and no one could perceive any
Tendency of Opinion, one Way or other, till he came to fum up the
Evidence, and diredt the Jury. And then he recapitulated the Evi-
dence, and gave to every Article and Circumftance its full Force ; and,
fliewing how the Ballance fell, concluded that the Weight was on the
Plaintiff's Side, for whom he thought they had Reafon to find. The
two next Judges the fame. But Atkins thought to diredt as clearly on
the other Side, and began mod furioufly that Way; but, in the Mid-
dle of his Talk, found himfelf in a Wildernefs, and that he could not
carry it through; and thereupon, in a mod furprifing Manner, fhifted
his Sails, and fell into the fame Strain as the other Judges had dif-
courfed, and concluded for the Plaintiff"; and fo, the Court being una-
nimous, the Verdidl went accordingly. And this was fuch a Turn in
fpeaking as I never obferved, before or fince, to be made by a Judge
upon the Bench.
This Judge Atkins made an open Oppofition to his Lordfhip, about
the Difpofal of a Prothonotary's Place, which is known to belong to
the Chief Juftice. But he thought fit to ftir up his Brethren to put in
for a Share ; and there were fome Words and Altercation palled in
Court about it. His Lordfhip told his Brother Atkins^ That he JJjould
know here was no Republick ; and the other anfwer'd No, nor Monar-
chy. But the new Officer was at laft fworn. His Lordfhip hath left
a Note
Oppofition
made to his
LordlTiip, by
Judge ^r/f/«i,
about a Pro-
thonotary's
Place.
LORD KEEPER GUILFORD. i8j
a Note of thefe Bickerings from his own Pen, which I think, for full
Litelligence of the Matter, to fubjoin in his Lordfhip's own Words.
*« 16B0. In the laft Vacation, Mr. TownJJjend, the fecond Protho- HisLordniip's
notary of this Court, furrender'd into the Hands of tl ^e Cups Bre- Account.
'vium ; and the Cti/los Brevium prefented to me Thomas Winjord
(who had formerly been Philazcr of Surrey, ^c. and furrender'd
that Office into my Hands) and defired me to admit him. Where-
upon I did adminifter to him the Oaths of Allegiance and Supre-
macy, and the Oath of his Office. And this was done by the Pre-
paration and Advice both of the Cups Brevium, and MuRobififon,
the chief Prothonotary. But being about to put him in corporal
PolTeffion of his Office, the other Judges alledged they ought to al-
low him ; for his Admiffion was an Ad of the Court, being done
<« in Court. I infixed upon it that it was incident to my Office, and,
in that Right, I put him into PofiTeffion. I undertook to fatisfy
them of it the next Day. And, accordingly I ffiewed them the Cafe
in M?v/t'*s Entries, Foh 3. Trin. 12. Edu\ IV. Rot. 494. and Pafch.
3 Car, Rot. 42. and all late Entries, which exprefly lay it is done
by the Chief Juftice, in Right of his Office: Nothing being men-
tion'd of the Confent of his Companions, or of the Ad of the
Court. Dyer, 150, iliith that the Chief Juftice contulit Officium
Capitalis Prothonotarii contra Voluntatem aliorum Jufliciaricrum qui
^' judicabant alimn e[fe magis idoneujn. This Qiew^s that, if he, who
gives an Offi:e, finds one that is idoneus, it is fufficicnt, although
another Man may be more fit. That, to remove an Officer, it muft
be the Ad of the Court; and therefore D. 115. ^. faid that a Dif-
charge was ex ylffejifu Sociorum Juorum, That I thought he might
be fworn in my Chamber, as Mr. Wirley was, who was never
fworn in Court; and Neceffity fpeaks when the Office becomes void
«' in Vacation Time. Neverthelefs I did not oppofe • but he Ihould,
for Solemnity, take his Oaths in Court, as Mr. Robinfon did, after
he had been privately fworn. Whereupon, my Brothers infifting no
fiirther, he was fworn in Court, and I put him in ^olTeffion, and
put on his Cap, and declared I did it in my own Right, and not as
an Adl of the Court ; which was in no Ways contradided ; and I
order'd Mr. Rohinjcn to make his Entry as in former Times, which
did fully explain it."
But, ill this confirm'd State of Credit with the King, it cannot ap- Sat as Speaker
pear ft'range that, during the Infirmities of the Lord Chancellor ■^'^^^^- ^^ ^^^^j^''^''*
tin^'ham, his Lordihip, in a Senfe almoft univerfal, was his prefumed
Sui/ceffor, as if he had been previoufly declared fo. For, while his
Lcrdlhin was Chief Juftice of the Common Pleas, lie often was cow-
ilrained'to take the Place of Speaker, and prefide in the Houfe of Lords
A a in
u r cr^ ' "^'^ Gentlemen were com-
mitted by the Houfe of Commons, as for Crimes at large triable at
the common I^w, and not for either Contempt of the S o
Breach of Privilege. But, notwithftanding all that uporConnfer
lor tneir Liberty, till the Parliament was diflblved His Lord(hin
was no Judge where that Caufe came; but he ufed to exaLera e the
a^onftrous Impudence of Counfel that infifted fo iniquhabW^^ ^"
mrin .n I \"""°' \ P'^'^'^fg^'y treated of in the £;.^«;.«
ftion was tuft T/ ""'"v I ^"^ i" ^'^ ^ordrhip's Senfe, tte Q^e-'
Ition was juft as fair, as if they had faid that the GovernmenTof
jE»p-/aW was not monarchical Th^ k';.,™ > '^ «.,ovi.rnment ot
mm the . are Sharers m the Sovereignty.
5. Prifoner
LORD KEEPER GUILFORD.
5. Prifoner not acquit, but ) This is the Cafe of ^/'//^/5r^ji the
191
the Jury difcharged, and the
fame Witnefs afterwards fpake
fuller, and convidled.
Jefuit, and will be found more
fully in the Examen, There was
a double Enormity here ; firft, not
trying the Prifoner when all Things were ready, and the Jury charged.
Next, taking the fame Teflimony, only new inflruded. But his Lord-
fhip might be inwardly difpleafed at this and the next. It is fure
enough he did not appear in Public to refifl: either. Which mufl be
charged upon the Ardor of the Times, and the Fruitlefsnefs of appear-
ing; and, if that be not Caufe enough of Silence, it mufl remain, on'
his Lordfliip's Part, unanfwered.
6. Confute dying Sayings, 9 This was under the fame Rage of the-
in order to convid others. 5 Times. His Lordfhip was not Prefi—
dent to manage the Trials. I can well remember him bitterly con- -
cern'd at the Impudence of fuch Proceedings; but he knew not how
to help them.
His Lordlhip was commonly reputed an high Flier, or Prerogative- Hisjudgmenr
Man. It is true enough that his Judgment was to give the Crown all of thePrerc-
its lawful Prerogatives ; and he would willingly have confented that S"^^^*
it fliould have had, in fome Cafes, Title to more; as I have fhewed j
in his Lordfliip's Miniftry. But that he was not equally juft to the
People in all their Rights, as well of Form as Subftance, is utterly
falfe. If we juftly regard his Ccnfurers, it will be found that his chief
Blame, at the Bottom, was only that he would not facrifice the Law
to the Iniquity of the Times, and, contrary to manifeft Duty, deny
Juft ice to the Crown ; and fo in other Circumftances, as Fadion fa-
voured. This was demonftrated by the Sequel; for while he was of
Opinion that the T^^ry Party, in the Temper of thofe Times, purfued
the true Intereft of England, that is to fupport the Church and Crown, ..
according to the legal Eftabliftiment of both, he was a ^ory, as they \
caird it. But when the Tory Party, or rather fome pretended Leaders, , ;
exceeded in joining with fuch as exalted the Power of the Crown a- - i
bove the Law, and fought to pull down the Church ; then he was
dropped from the Tory Lift, and turn'd Trimmer. And fo any firm
honeft Man ftiall find himfelf, as it were, changed; v/hen, in Truth, •
he is the fame ; only the World, to which the Change belongs, pafteth
bv him.
I have heard his Lordftiip difcourfe much of ignominious Diftinfti- ulAgm^ Ton.
ens, and particularly that of IV/:ig and Tory, I have given the Hifto-
ry of this Party Diftin(5tion in the Examen ; where I have iTiewed that
the Fadlon began the Game, and not the loyal Party, as fome now *
would perfuade us: So ihall fay only that when the Exelufion Bill, to
difmhei it the Duke of Tork, was brcuglit forth, all the flidious People,
and
i\
^
I
igi The LI FE of the late
and their Libels, chimed in to defame the Duke ; and, among other
Topicks, that of entertaining the Irijh Men was one. Whereupon
his Friends were termed Bog-Trotters, wild Irtjl?, or, which means
the fame Thing, Tories, And there was fuch a Pregnancy of Contempt
in that Word, as made it current ; and the Loyalijh had it at every
Turn, with the Epithets of damn'd, confounded, and the hke. His
Lordfhip obferved that the hoyalijis were not at all afhamed of the
Name, but took and own'd it as their Honour; which he faid was the
beft Way to fruftrate the wicked Intent of the other Side, which was
to caft an Ignominy upon them. And fo the primitive Chrifliaiis did;
for that, which the Heathen caft in their Faces as the greateft Re-
proach, they accounted their Glory, which was the Crofs. But it was
not long before theTir/Vi made full Payment by the Term Whig-^ as
will be found more particularly related in that Book.
Orthodox, I fhould do an Injuftice to the Honour of his Lord(hip*s Memory,
juft, and con- jf J {hould go about, by any Reafoning of mine, to vindicate either
his Probity, Virtue, or Juftice; all which were amply conceded to
him, even, by his Adverfaries ; which they exprelTed by owning him
an excellent Jufticiar; and that includes all the reft. An excellent
Account (indeed) of a Betrayer of his Country, as fome labour'd to
have him thought! And how little a Difpofition he had to be a Fa-
fi/i, or popiftily affedled, as, in thofe Times, was canted, the whole
Series of his Behaviour demonftrated : For, as to his Perfon, he ever
kept his Church, and frequented the Sacraments, as the Congregation
of St. Dunftari% and St Giles's could teftify for many Years; in which
Churches he had a Seat for himfelf and his Family. If, at any Time
in his Life, he failed, it was when he was overwhelm'd with Bufi-
nefs ; and then indeed he took Liberty fometimes, faying that Sunday
was a Day of Reft. But he was fcrupuloufly conftant in thofe Days
when he was a Judge, and his Perfon confpicuous, that he might be
neither wanting in good Example, nor be politively a bad one. As to
his Juftice, no Man was more exquilitely bred a Judge than he was;
for, befides his Acquifitions by the Study of the Law, in the greateft
Fulnefs of it, join'd with general Scholarftiip, he had been, for many
Years, a leading Pradlifer under Judges of all Capacities and Humours;
and knew the Trick of blinding a Judge by railing Mifts, or impofing
falfe Colours. No Art or Cunning in Bufinefs was new to him; and,
when it was his Turn, no Counfel could gain upon his Steddinefs, by
any Stratagem they could invent to put upon him. Pie was ever be-
forehand with them, and ftiewed he knew their Tendencies ; though
the greateft Artifts that have been known in JVeJlminJler Hall, as Mai-
nard, ^ones^ &c, pradifed under him.
At
LORD KEEPER GUILFORD.
At his firft Entrance upon his judicial Employment, he bent his
Mind to find out Ways of eafing the People, that had the ill Fortune
to be brought under the Jurifdidion of Wejiminjier Hall, either as
Plaintiffs or Defendants. I have already ftiewed how much a Friend
he was to a publick Regifter of Titles. He was a declared Adverfary
of all Frauds, fraudulent Conveyances, and Forgery. He was never
fo alert in all his Faculties, as when, upon Examination or Trial, he
fufpeded any fuch Falfities. After he had fat on Nifi pritis Caufes in
London and Middle/ex, where commonly a conftant Set of Men at-
tended upon Juries, efpecially in London, a competent Time, he was
fo much in Credit witli them by his clear Way of prefenting the Fadls
to their Confideration, and his juft Reafoning thereupon, that they
very feldom, if ever, found againft his Opinion. And, with this Cha-
rader, I clofe this third, or judicial, Stage of his Lordftiip's Life : As
to which, and the reft, I may be thought over much his Friend in
expreffing (o much Good, and fo little Evil, of his Lordfliip ; which,
with fome, may feem above human frail Nature to allow. But I am
ferious, and write as if 1 were fworn ; entirely aftured that all the Good
is true, and the Evil of him no other, nor more in any Refped, than
in this Work I have exprefled.
The Lord Keeper Finch (as was hinted before) had been an unhap-
py Valetudinarian ; and, about the Time when the King began to be
at Eafe, and free from the Brigues of Plots, declined very faft, and,
at Length, feldom came forth, and was juft able to do Bufinefs in
Chancery, which was familiar and eafy to him ; but the Affairs at
Court h d forfaken him, or rather he them, and all fettled upon his
Lordil/i^'c, Shoulders, who dealt with all imaginable Friendship and
Candor, withRefped to my Lord Chancellor ; kept troublefome Mat-
ters from him, and when it was necefiTary for him to be troubled, or
if anv Perfons were perceived to be creeping towards him with fnaring
Propofitions, his Lordftiip always prevented them, by giving the Chan-
cellor Intimation, and friendly Hints; fo that, in his Weaknefs, he was
feldom or never furprifed; than which there could not have been greater
Inftances of Service done him. And I believe there never was Prcde-
cefibr and Succeffbr fuch cordial Friends to each other, and, in every
Refped, mutually afliftant, as tlicfe two were. His Lordffiip's often
taking his Cufliion in the Houfe of Peers in his, Abfence, and ading,
in many Things, as Co-chancellor, made it no Wonder if, at his ut-
moft Declenfion, his Lordfliip was, by the whole Nation, voted into
liis Seat.
And therefore I come now to his Lordfliip's laft and higheft Step of
Preferment in his Profelhon, which was the Cuftody of the great Seal
Irreconcil-'a
hie To Fraud*,
and Forge-, ies.
I
Friend fhip to
Lord dotting'
Intc'ligcncc
at JV.rJJcr.
B b
of
con.
ip4 Tke LIFE of the late
of England, And, for Conformity of Language, I call this a Prefer-
ment j but, in Truth (and as his Lordfhip underflood) it was the De-
cadence of all the Joy and Comfort of his Life ; and, inftead of a Fe-
licity, as commonly reputed, it was a Difeafe, like a Confumptioii,
which rendcr'd him heartleis and difpiriied, till Death came, which
only could complete his Cure. When the Lord Keeper lay languishing,
his Lorddiip (being newly return'd from Windjbr) with a Charge of
Privacy, told us that he had there received an Intimation that the great
Seal would be put into his Hands ; and that he had reprefented him-
felf as mofl unfit for the Place, and, with all his Art and Skill, had
declined it. It feem'd that this Intimation was from the King himfelf.
HisLordfliip feem'd then inclined, or rather refolved, if it were offer'd
to refufe it.
Rcafon?, rsto The Tcuor of cur Difcourfe with him, on this Occafion, was, that
s'/alf'il"^ and ^^ feem'd impoflible for him to carry it off fo ; for all agreed, that, as
Things then flood, he was the only Perfon capable of the Place : And
while it appear'd that the King's Service was deeply concern'd, if his
Majefly commanded, how could he refufe ? It would be faid that,
having been already fo well preferred and honoured by the King, who
had a fingular Value and Refpedt for him, and, by the Influence of
liis Majefly *s Favour, he had greatly advanced his Fortunes; now, in
the Crifis of his Affairs, when his Lordfliip's Service, in that Pofl, was,
not only ufeful but, in a Sort, neceffary, he muft fubmit as a con-
demned Perfon, or incur the Cenfure of Tergiverfation and Ingratitude,
and have no Eafe in his Thoughts, on that Account, as long as he
lived, if he fhould not conform to his Majefly's Pleaflire in this great
Emergence. So We. But he might think, and not without Reafon,
that we regarded our own Advantage by his Promotion : So there was
Self-Interell in perfuading him fo much to his Inconvenience. But,
at length, he own'd himfelf convinced that he could not peremptorily
refufe the Seal ; not fo much for what we had alledged to him, but
the State of the Times, which inextricably obliged him to the Service
of the Crown in this Conjundure. Befides, if he rudely broke off,
he wounded his Interefl, and could not anfwer that Favour enough
would furvive to keep him in the Place he now had ; nor that Fadion
would not play higher at him than ever it had done. Therefore he
mufl make good his Ground, and not be retrograde, and fo keep en-
tire his Protecftion. But yet, as he faid, he would never accept the
Seal without a Penfion along with it. And this is plain enough from
the Hints his Lordihip left behind him, which I have fet down as
follows.
Defire
Defire to avoid, and filence.
Lord Chancellor dies, No-
tice, and decline without
Penfion. Seals deliver, and
Manner.
LORD KEEPER GUILFORD. 195
Thefe are all in Series of the fame Hitit'; of his
Matter: Therefore I fhall purfue ,L„";^f;;;-;,
them as they lie. It appears firfl, Seal
that, when the Intimation was given
to his Lordfliip, he made no An-
fwer; which is underflood by the Wor^ Silence, After the Lord
Chancellor Finch was dead, and fome Time before, all the Handles,
that could be. were held out as Temptations to him to fue for the
Place. This was the Cunning of the Lord Rochejler^ then chief in the
Treafury, who was working the hufbandly Point to fave the Penfion;^
which he might, perhaps, do better if the Place were afked, than if
it were profer'd. But his Lordfhip, as he wrote, anfwer'd all with
Silence, But this artful Proceeding of the Lord Rochejier was plain
enough to be difcern'dj and his Lordfhip would have fmelt a fubtiler
Trap than that. When the Time was taken at Whitehall^ to make
the Prefer from the King diredly, his Lordfhip infifled not to accept,
unlefs a Penfion was added. For the Charge, of living in that high
Station, was not anfwer'd by the ordinary Profits of the Seal ; and he
could not, without his Majefty's Bounty, fuch as had been allow'd to
his PredecefTor, undertake to comport with that Dignity as his Maje-
fty's Honour and Service required, and would be exped:ed from him.
His Lordfliip was much oppofed,*and argued with upon this Point,
with Perfuafions not to capitulate. It was dangerous to do it, and not
for the King's Service ; for fuch, being now yielded to, would rivet
a Precedent. The Lord Nottingham had indeed a Penfion ; and now
another would turn it to a Salary, as of Courfe, to charge the Crown.
It would be much better to accept the Seal, and rely upon his Majefty's
Goodnefs, who doubtlefs would do better Things in a Way of Bounty,
than upon Terms. But thefe, and other Court Syllogifms, w^re fitter '
for Chickens, that would peck at Shadows, than for his Lordfliip,
who, all the while, refented their ill Ufage, and mean Opinion of
him ; and one, of lefs Temper than his Lordfhip, would fcarce have
born it. But, his Lordfliip perfifting, it was condefcended to, that he
fhould have a Penfion of 2000/. per Annum % and then his Lordfliip
feem'd contented to accept, and the King came, and put the Seal (in
the Purfe) into his Lordfliip's Hand, faying Hcre^ my Lord^ take it ;
you will find it heavy. And therein his Majefly adled the Prophet, as
well as the King ; for, not long before his Lordfliip's lafl Sickncfs, he
told me, and diverfe other of his Friends, that he had not enjoy d one
eafy and contented Minute fine e he had the Seal.
The Evening when he went, upon this Errand, to Whitehall^ fome Pafllon at ill
of us flaid in Expedation of his coming home, which was not till ^^^^'''•
near Ten i little doubting the Change that was to happen. At lafl: he
B b 2 came
If
19^ The LIFE, of the late
came with more Splutter than ordinary, diverfe Perfons (for Honour)
waiting upon him, and others attending to wifli him Joy, and a
Rabble of Officers, that belong'd to the Seal, compleating the' Croud,
which fili'd his little Houfe. ^His Lordfliip, by difpatching thefe In-
cumbrances, got himfelf clear as fall as he could ; and then I alone
flaid with him. He took a Turn or Two in his Dining Room, and
faid nothing; by which I perceived his Spirits were very much roiled :
Therefore I kept Silence alfo, expeding what would follow. There
was no Need of afking what News, when the Purfe, with the great
Seal, lay upon the Table. At lafl his Lordlliip's Difcourfes andAtttions
difcover'd that he was in a very great Paflion, fuch as may be term'd
Agony ; of which I never faw in him any like Appearance' fi nee I firft
knew him. He had kept it in long; and, after he was free, it broke
out with greater Force : And, accordingly, he made ufe of me to eafe
his Mind upon. That, which fo much troubled him, was the being
thought fo weak as to take ill Ufage from thofe about the King (mean-
ing the Earl oi Rocheftcr) with whom he had lived well, and ought
to have been better underftood. And, inftead of common Friendship,
to be haggled withal about a Penfion, as at the Purchafe of an Horfe
or an Ox; and after he had declared pofitively not to accept without a
Penfion, as if he were fo frivolous to infill and defifl all in a Moment ;
and, as it were, to be wheedled and charmed by their infignificant
Tropes; and, what was word of all, as he more than once repeated,
to think me worthy of fo great a Triiji, and withal fo little and mean
as to endure fuch Ufage^ as was difobliging, inconfijlent, and unfuffe-
rable. What have 1 done, faid he, that may give them Cauje to think
me of fo poor a Spirit as to be thus trifled with ? And fo on, with
much more of like Animofity, which I cannot undertake to remem-
ber. And, after thefe Exhalations, I could perceive that, by Degrees,
his Mind became more compofed; and Time, that conquers all Things,
dilTipated thefe perfonal Refentments, and made Way for Troubles of
a ilrongerlmpreflion. And afterwards, like a good Chriflian, he for-
got and forgave, making no Dependances, or Troubles, to himfelf or
others, efpecially not to offend the King, on Account of any Diflafie ;
but correfponded and co-operated, with all thofe which his Majefty
thought fit to ferve him, with all Eafincfs and AflTability. This is a
Method not much pradifed by Courtiers and infulting Favourites, who
breath nothing but Ruin and Deflrudlion to all that offend them ; but,
in the Eafe and Happinefs of a IVIonarch, a Jewel not inferior to any
that can Oiine in his Crown. After this, his Lordfliip applied himlel'f
to the Efiabiifliment of his Family and Officers. He went to IVeJl-
minfttr hull, the firfl Time, as ufual, with an honourable Parade of
Nobility, &V. for Honour attending him. It was fome Time before
he
1^
LORD KEEPER GUILFORD. 197
he could be poffefifed of the great Houfe in ^een-flreet^ where the
Seal had been formerly kept, and had a Room fitted for hearing Mo-
tions, and Caufes in Equity. And, till then, he kept his Days in the
Middle-Temple-Hall, elfe he moved not but when he went to take his
ultimate Reft at Wrox ton.
By his Acceptance of the great Seal, he became, as before of the hjs Burthen
Law, fo now of Equity, a Chief, or rather fole, Juftice. And, more cnacakd.
than that, he muft be a Diredor of the Efiglijlj Affairs at Court, as
chief Minifter of State with Refpedt to Legalities, for which he wa3
thought refponfible. So what with Equity, Politicks, and Law, the
Cares and Anxieties of his Lordfhip's Life were exceedingly encreafed :
For either of thefe Provinces brought too much upon the Shoulders of
any one Man, who cordially and confcientioully efpoufeth the Duty
required of him, to be eafily born.
As for the Bufinefs of the Chancery, our Work will be ffiort; be- The chance-"
caufe that Province was eafy to his Lordffiip ; except only when his^^^^"^^"^^
Time was retrenched fo that he could not fufficiently attend it. He (\^\p^ The
had been a capital Pradlifer there as Solicitor and Attorney-General, R'f'^ and En-
and in the Front of Bufinefs for many Years ; which made the whole ^^ *^
Tour of that Court familiar to him. The greateft Pain he endured,
moved from a Senfe he had of the Torment the Suitors underwent by
the exceffive Charges and Delays of the Court. For the cafing of whom,
he was always in Thought, more or lefs, to contrive ways and mears
of Expedition, and Retrenchment of Charges. As the Bufinefs of that
Court is more, and of greater Value than that of other Courts, fo are
the Abufes more felt; and, confequently, his Lordfhip was more in-
tenfe in his Meditations to regulate them. And the Truth is, a Court,
as that is, with Officers and Fees proper for a little Bufinefs, fuch as
the judiciary Pai: anciently was, coming to poffefs almoft all the Ju-
llice of the Nation, muft needs appear troubled. For it began with
common Petitions, and the Defendant's Anfwer wrote on the back of
ir. And, when the Procefs was young, 2. Siibp^na, which was a legal
Writ, and Attachment upon it for Difobedience, carried great Terror.
But when tlie Terror of that abated, and Defendants came in but Hack-
ly, then Addition was given to the Terror, and Proclamations were
to be made upon the fecond Attachment, if the Party hid away from
the firft ; ar.d if that fecond Proclamation did not fright him in, then
he was a Rebel, and Commifiioners, that is, a petit Army, was raifed
to fetch him in, as ftanding out in Rebellion ; and there was an End.
But if he was caught and efcaped, then the King's Serjeant at Arms
went to look for him. But Sequeftrations were not heard of till the
Lord Coventry's Time, when Sir John Read lay in the Fleet (with
10000 /. in an Iron Caffi-Cheft in his Chamber] for Diibbedience to a
Decree^
ipS
Senfi'jlc of,
arid dcfirous
ot remedying
all Evils in
thit Court.
Of the Lord
^rijgman, Ld
Nottingham,
Ld Sh.ift}bur)'
Hts Lord-
iliip's Care
and Method
ot introducing
his AmcHiJ-
mcnts in the
Court of
Chancery.
ne LIFE of the late
Decree, and would not fubmit and pay the Duty. This being rcpre-
fentcd to the Lord Keeper as a great Contempt and i\frront put upon
the Court, he authorifed Men to go and break up his Iron Chefl, and
pay the Duty and Cofts, and leave the reft to him, and difcharged his
Commitment : From thence came Sequeftrations ; which now are fo
eftabliflied as to run of courfe after all other Procefs fails, and is but
in Nature of a grand Diftrefs, the beft Procefs at Common Law after
a Summons, fuch as a Suhpcena is ; what need all that Grievance and
Delay of the intervening Procefs ?
His Lordfliip was fenfible of the prodigious Injuftlce and Iniquita-
ble Torment inflidled upon Suitors by vexatious and falfe Adverfaries,
aflifted by the knavifh confederating Officers, and other Chicaneurs
that belong to the Court. He was no lefs defirous heartily to apply all
the Remedy he was able to fo malignant a Difeafe, of which he had
had full Experience ; and he had frequently obferved it in the Courfe
of his Pradlice. For the Lord Keeper Bridgman, and Lord Notting-
ham ^ gave all Liberty to Counfel and Officers ; fo that then the not
very commendable Trade of the Court ran high.
The Lord Bridgmany who was a very good Common Law Judge,
made a very bad Chancellor. For his timidous Manner of creating
and judging abundance of Points, fome on one fide, and fome on an-
other ; and, if poffible, contriving that each Ihould have a competent
Share, made Work for Regifters, Solicitors, and Counfel, who dreffed
up Caufes to fit his Humour. Then came my Lord Shaftjhury like the
Month of Marchy as they fay, in like a Lion^ and out like a Lamb,
For he fwaggered and vapoured what AfTes he would make of all the
Counfel at the Barj but was foon reduced, as is more fully declared
in the Exajnen. The Lord Nottingham^ formerly Attorney-General,
came in and fat there a great many Years. During his Time, the Bu-
finefs, I cannot fay the Juftice, of the Court flouriflied exceedingly.
For he was a Formalifl, and took Pleafure in hearing and deciding;
and gave way to all kinds of Motions the Counfel would offer : Sup-
pofmg that, if he fplit the Hair, and, with his Gold Scales, determin-
ed reafonably on one fide of the Motion, Juftice was nicely done. Not
imagining what Torment the People endured, who were drawn from
the Law, and there toft in a blanket.
His Lordfliip coming after, and knowing how much the Suitors
endured by this flourifliing of the Court, and having no Content in any
Thing but the Subftance of Juftice, and Difpatch of the Suitors, and
ever accounting that unreafonable Delays were the fame in the Mean,
as Injuftice was in the End i and that it often made the Suitor quit his
Right, rather than live upon the Rack in purfuing it ; bent his Thoughts
to compaf^ a tolerable Regulation of the Court. It may be afked what
came
r
199
LORD KEEPER GUILFORD.
came of all this ? For furely fomewhat confiderable muft be done by
way of Reform, when his Lordlhip not only faw the Neceffity, but
had Power to amend Faults. As for that, I muft inform that his
Lordfliip confidered the Nature of Alterations ; and that, when Folks
defif^n very fairly to ftop one Hole, two or more fliall fpring in the
Room of it. So very hard is it to forefee Events, and to meet with
the bad Practices of corrupt Agents. He was refolved to make and.
publifli a Book of Rules and Orders for the Diredlion of the Officers,
Clerks, and Solicitors, in their Practice, and for the Advantage of the
Suitors, in the beft Manner he could contrive. But he thought it not
a right Method, as fome have done, at the very firft to flill on with a
Volume of Alterations, before he had made fome Experiences in the
Court, and confulted the Clerks, and the Bar, as he often did after-
wards in Public, to hear what they could alledge for, or againft, any
Thing he thought fit to propofe to them, when the Inconvenience, to
be removed, was flagrant in Court. And, accordingly, he fat and
difpatched the Bufinefs of the Court, and, as Occalion profercd, he
declared his Mind, and retrenched many Superfluities, or rather Nu-
fances, in the Court. Another Thing, that made him decline falling
fo early upon a Book of Orders, was, that it would give fo great Alarm
to the Bar, and Officers, with the Solicitors, as would make them
confederate, and demur, and, by making a Tumult and Difturbance,
endeavour to hinder the doing any Thing of that kind, which they
would apprehend to be very prejudicial to their Interefts. Whereas, if
the Matters were prefented in Court on fit Occafions, which would ofler
themfelves frequently, the Work would almoft do itfelf by degrees ;
which, all at once, would meet with great Oppofition. And after he
had thus occafionally put in Pradtice the chief of his intended Regu-
lations, and feen, in fome meafure, the Confequences of them, he
might, with more Aflurance, and better Satisfadion to himfelf and
others, bring all together into a firm Eftablifhment, by an ample Set-
tlement of the Courfe in Pradice, to be obferved for the future.
And, purfuant to this Propofition made to himfelf, he began firft to Retrenched
refcind all Motions for fpeeding and delaying the hearing of Caufes be- ''^^^'V^^V ^
fide the ordinary Rule of Court. And this lopped oft' a Limb of the an'j d!?ayh^g
Motion Practice. I have heard Sir John Churchill, a famous Chan- Hearings.
eery Pradifer, fay. That in his Walk, from Lincoln s-hin^ down to the
Temple-Hall^ where (in the Lord Keeper Bridgmans Time) Caufes
and Motions (out of Term) were heard, he had taken 28 /. with Bre-
viatesj only for Motions and Defences for haftening and retarding Hear-
ino-s. His Lordfliip faid that the Rule of the Court allowed Time
enov.gh for any one to proceed or defend ; and if, for fpecial Reafons,
he fliould give way to Orders for timing Matters^ it would let in a
Deluge
i\
200
1 1 ; ordered
the Parties to
Ihew the Ma-
ilers any Er-
rors ; but that
turned to ill
He ftopt the
Courfe of
liijundiions
upon Excep-
tions to an
Anfwcr 61cd.
The LIFE of the late
Deluge of vexatious Pretences ; which, true or falfe, being ailerted by
the Counfel with equal Allurance, diftradled the Court, and confound-
ed the Suitors. He ufed to commend the Common Law for the Pre-
cifenefs of its Rules. There Men knew their Times to plead, to give
Notices, to enter Judgments, (s^c. and he would have the Like done
in the Chancery. Therefore, faid he, look to your Hits : Tou know
the Courfe and the Time-, do accordingly^ a?id you pall have the Benefit^
and fiot be hajlened or delayed.
Then, he found very great Mifchief by Errors in Mafters Reports,
which, fliewn to him, had been fet right : But the Parties craftily let
the Report go, and depended to bring it back by Exceptions, and fo
torment the Court with abundance of frivolous Matters for Experiment,
and come off at lafl with fuch a Slip which carries the Cofts, and is
an immane Vexation to the Parties. His Lordfliip ordered that each
Party (hould have a Copy of the Report before it was delivered out
figned ; to the End they might, if there were Caufe, fliew the Mafter
any grofs Miftakes : For fuch often happened by Inadvertence, and
were made a Foundation, by way of Trick, to lodge Exceptions upon,
and fecure Cofts. But I am apt to think that, if his Lordfliip had
Itaid much longer in the Court, that Order would have received very
great Alteration ; for, with all the Good intended, and manifeftly ap-
pearing in the Front of it, yet, in Pradice, it turned to Delay and
Vexation, as bad, if not worfe than before. For it introduced two
Reports inftead of one, and multuple Attendances. For the vexatious
Side baffled before the Mafter, as long as he could, upon Trifles, keep-
ing back the true Points; and then, after the Report was drawn, and
Copies delivered out, there come in the Exceptions in Writing, and
the Caufe, before the Mafter, was but beginning. And thefe Excep-
tions, before the Mafter, were added in the Caufe ; and it is become
almofl of courfe to prefer them ; as if Exceptions to the Court had not
been Vexation and Delay enough.
He was a profefied Adverfary to all Attempts for flopping the Courfe
of the Common Law. I remember one Barebones, that was called
Do(flor, a famous builder, that over-traded his Stock about looo /.
fer Ann, and often wanted Injundions to flay Suits at Law, finding
his Defigns, that way, now failing, faid to me. That his Lordfiip had
7wt fat ytt long enough to be a good Chancery Man : For it is the Foible
of all judicatures to value their own Juflice, and think, or at leafl
pretend, that there is none fo exquifite as Their's ; and, fpeaking of
other Courts, it is commonly with an Air of Contempt ; while, at the
bottom, it is the Profits accruing that landify any Court's Authority.
And, upon this Account, the Court of Chancery had been very liberal
in the Matter of Injundtions to flay Suits at Law. But his Lordfliip
thought
k
r
i'
LORD KEEPER GUILFORD.
tliought fit to deny them in many Cafes where they ufed to go almofl
of courfe. As, for inflance, upon Exceptions filed to an Anfwer ;
which ufed to be a bar to the Motion for di^Tolving the Iniundion up-
on coming in of the Anfwer ; which Injundion ufed to go of courfe,
upon an Attachment fued out, for want of an Anfwer, or Dcdimus
ilTuing to take an Anfwer in the Country. But his Lordfliip required
the Counfel, that would continue the Lijundion, to fliew that the
Anfwer was infufficient in a material Point. And the like was done
in fome other Cafes ; I do not inflance in all.
His Lordlhip alfo fet hinifelf to flop the Superfetation of Orders.
And they were a Subjed of his daily Reprehenfion ; for the Caufes
came often to an Hearing, with a File of Orders in the Solicitor's Bun-
dle, as big as the Common-Prayer-Book, for CommilTions, Injun-
dions. Publications, Speedings, Delayings, and other Interlocutories ;
all dear Ware to the Client in every Refped. But, in a few Terms,
his Lordfhip reduced the Quantities ; for he was flrid to the Obfer-
vance of his Rules ; and, for the mofl Part, refufed to make Orders
nifi, &c, as commonly was prayed when Notice was not given of the
Motion ; but held the Solicitors flridly to their Notices to be made
appear by Affidavits (and thofe to be filed) or they took nothing by
their Motion. Nor would he, without apparent Equity demonflra-
ted, grant any Thing to divert a Caufe out of its due Courfe. And
thus the tricking Sort of Pradice, fo much ufed in the Court formerly,
was greatly diminiflied. And the Solicitors were fearful of ufing
Art J for, being taken napping, they never efcaped fliarp Reproof,
and the Caufe fared no whit the better for it, and their own Credit
fuffered.
His Lordfhip fet his Face alfo againft the infinite Delays by Re-
hearings, Re-references, and new Trials ; in all which Cafes, he was
fo difficult that nothing but the plainefl Reafon in the World, or ra-
ther Neceffity, drew him to yield to grant them.
The lafl Inflance of his Lordfhip's Care of the Suitors, was to
quicken the Difpatch at the Regifler's Office, and (if poffible) to break
the Neck of thofe wicked Delays ufed there. This was the hardefl
Matter to redrefs that belonged to the Court. The Regifler's is a Pa-
tent Office, and the poor Men, the Deputies, come into their Em-
ploy upon very hard Terms, and the Charge of Prefents and New-
Year's Gifts adds to the Weight upon them ; fo as they are forced to
bufh about for Ways and Means to pay their Rent and Charges, and
gather an Eflate, as they think mufl be done, in a few Years ; where-
in they are not wanting to ufe their befl Endeavour, lefl they fuffcr
in the Reputation of their Skill. And, accordingly, fcarce an Order
paffeth without Bribes for Expedition in that Quarter j and that is an
C c Article
101
Rcr'cncVcfl
'he Supt- 1 fe-
tation <)t In-
tC: locuroi y
Oicieis.
Very difficult
aboui Re- hear-
ings.
His Method
of controul-
ing the Re-
gilteisOmLC.
lot The LIFE of the late
Article, in the Solicitor's Bill, as much of courfe as the Fee for the
Order. His Lordfhip ufed to chide them publickly, when juftly com-
Dlained cf (and it could fcurce be otherwife thanjuftly) and alfobe very
ready and eafy to admit of Complaints. And to prevent the Colour
they ufed for Delay in Cafes decreed upon Points nicely decided, and
alfo to prevent Motions for fettling fuch Order?, which often was done
to jog the Matter again, and fee if the Opinion of the Court would
alter, his Lordfliip hath frequently ordered the Regifter to attend him
in the Afternoon, and take the ordering Part penned by himfelf. And
his Lordfhip was defirous, for his own Satisfadlion in many Cafes, to
do fo ; for if theReafons of his Decree were fpecial, and fuch as came
not under every Cap, he cared not to leave the ExprefTion of them to
the precipitate Difpatch of a blundering Regifter. At length the Re-
gifters, finding what was agreeable to his Lordfhip's Mind, and what
kind of Orders he was careful in pronouncing, thought fit, of their
own Accord, in fuch Cafes, to attend his Lordlhip with their penning,
and receive his Lordfhip's Senfe and Corredlions; and he always took
it well when they did fo, and was never uneafy to them. And the
memorable Regifter, Mr. Henry DevemJJ.\ was very well thought of
by his Lordfliip for his candid Applications to him in that Kind.
His Lo^d- Here it will be proper to thofe who may fay, Since his Lordfhip knew
(hip's d'ilcn- ^}^g Difeafes fo well, and had fo much buficd himfelf in the Cure, why
of'ifuts'lnd was Time loft, and no general Regulation of the Courfe and Practice
Orders. of the Court made ? To that I muft anfwer with bitter Laments for
the Shortnefs of his Lordfliip*s Life, which allowed but three Years
to his fitting upon that Bench. He was naturally very quick of Appre-
henfion, but, withal, very deliberative, and would not only think
long, but confult Perfons to be concerned, and confer with the Skil-
ful, and take the Thoughts of his ordinary Friends, whenever he was
. to do any Thing that had a long Train of Importances to follow; and,
being once fatisfied within himfelf, he was not wanting to ftrike dcci-
fively and effedually. And it is to me very certain, that if his Lord-
fhip had fat in that Court a Year or two longer, with tolerable Qiiar-
ter from the Publick, he had publiflied a Book of Rules and Orders,
which had gone a great way towards purging out the peccant Humours
of the Court, at leaft fo far as the Lord Keeper had it in his Power to
do : And it muft be confefted that is fomething reftrided as to Refor-
mation of the Offices > becaufe Equity is due to the Ofiicers as well as
His Lord- to Others.
thipconfcrved And, in all hlsDefigns, he fhewed no Difpofition to retrench Ofli-
offi^i^s^Ind^^^^^'^^ ^^^j"^^ ^^^^^^ °^^^^^^ Places; but only that he would have
aimed'only them held ftridly to their Duty, and not have it in their Power to aid
to obviate Abufes for their peculiar Profit 3 and to be fubjedt to Corredlion, when
Abufes. ^ either
I
LORD KEEPER GUILFORD.
either negligent, or ignorant; and to make Amends to the Suitors, who
fijfter thereby. Now moft think that the Ofiices themfelves are the
Abufe, and ought to be retrenched ; for, what fignify the fix Clerks,
but to keep Checks upon Numbers of Sheets that they may reckon
ftridly with the Under-Clerks, and not be impofed on, as to their
Dues, by them ? What fignifies all the Procefs between a Suhpcena and
a Sequeftration, and the Ofiicers that depend thereon, when the form.er
is a Summons, and the latter a DiJlringaSy anfwerable to the common
Law ? And the like in feveral Inftances. But I guefs his Lordftiip con-
fidered that there was a Juftice due as well to the Crown, which had
Advantages growing by the Difpofition of Places, Profits by Procefs of
all forts ; as alfo the Judges and their Servants, and Counfel at the Bar,
and Solicitors, who were all in Pofleflion of their Advantages, and by
publick Encouragement to fpend their Youth to make them fit for
them, and had no other Means, generally, to provide for themfelves
and their Families; and had a Right to their reafonable Profits, if not
ftridly by Law, yet through long Connivance. And Men, not irre-
gular, or undeferving, ought to have, not only Protedion but. En-
couragement.
If any publick Order of Men, or their Employments, were mif-
chievous to the Publick, it was for the Parliament to remove them ;
and even they have always had a Regard to the Profits of Officers, and
feldom do any thing to their Prejudice; and it is pretended that fuch
Interefts hinder Regulations in Parliament. But that need not be fo ;
for the Parliament can make them Compenfation, but a Judge hath
no Power or Reafon to alter the State of the Offices under his Judica-
ture ; but to reduce them to Order, and keep them up to Reafon and
Duty, is fufficient.
In all his Model of Regulation there was not the leaft Oftentation or
Vanity, no formal Inventions, but a dired Intention to follow the
Truth of Things, and to reprefent them pure and fincerely, with in-
finite Caution that nothing he propofed, as far as he could forefee,
might pofiibly turn to the Prejudice of any Perfon, at leafl not irre-
trievably ; but that they might be as a Fence or Guard to Rights, and
to keep them from being opprefi^ed by Colour of Law, and the courfe
of the Court, as they call it.
He was no Colledor, as fome may be, who pretend to a great deal
more than his Lordftiip did ; and fit, as at a Receipt of Cuftom, and,
hearing diverfe People talk, from thence imbibe Projeds, of the
Pradice of which they know little, but as they are infinuated (for the
moft Part) infincerely, by defigning Officers and others, who projed
for their own private Intereft, and, under Colour of the publick Good,
whenjiothing is lefs in their Thoughts, fuggeft what makes for them-
C c 2 Selves,
203
He left Re-
formation of
Offices to the
Parliament,
his Juftice
wanting
Power as to
that.
He had no
Vanity, but
went clofe to
Truth with
all poiTibIc
Caution.
Touched no-
thing but
what he
knew expc-
riraemally.
H
204
His Lordfhip
uneafy with
RtTpe(n: to
Rcaiancts
t^
The LIFE of the late
felves. And fometimes they prevail with great Men, who do not
plumb to the Bottom, nor difcern the Drift or Confcquence, to put
forward authoritatively their Contrivances, by the Name of Regula-
tions. But his Lordfhip touched nothing but out of his perfonal Ob-
fervation and Experience ; and, being wonderful fagacious to under-
ftand the Drift of all People in their Bufinefs, was capable to know
from Things, and not from Relation, what was amifs, and how (pro-
bably) to amend them, without introducing (as often happens) worfe
Inconveniences. For he had feen a6ted to the Life, all the difmal
Troubles Men brought upon one another, by Delays and Shifts in Chan-
cery Caufes, together with all the bad Qualities of an unjuft, beggarly,
crafty Suitor, to the Mortification of a poor Client. I have often
heard him mention a poor Gentleman that had a very juft Caufe, and
was of himfelf very honed, but had not fo much Craft as his Adver-
fary, who, according to the Forms and Liberties given in the Court
and the Offices of it, had Snares laid for him which caught him ; fo
that theCounfel of his Adverfary, with their ufual Art, drefled him
up in Circumftances, colourable as they fet them out, and made him
look as like a very Knave, as if he had been fo in earncfl. This was
all Surprife to him ; and his own Counfel was not inftrudled and ready
enough to wipe him clean; and he, not having Elocution to fpeak for
himfelf, took the Matter fo to Heart, as that he went home and, in a
Fit of Sorrow, died.
But to proceed : Nothing fat heavier upon his Spirits, than a great
Arrear of Bufinefs, when it happen'd; for he knew well that, from
thence, there fprang up a Trade, in the Regifter's Office, called He-
raldry, that is buying and felling Precedence in the Paper of Caufes,
than which there hath not been a greater Abufe in the Sight of the
Sun. If Men are not forward, the Officers know how to make them
come on and pay; for they will exprefly pofipone the unprofitable
Cuflomers, and fo bring them to a Sort of Redemption. Therefore if
the Paper of Caufes is not well watched by the Court, and the Offi-
cers fometimes checked (for which, at beft, there will be Occafion
enough) no Man, without a vaft Expence, fliall know furely when his
Caufe will come on. And, as a poorTreafury makes a rich Treafurer,
fo this Grievance is greateft, when the Court itfelf wants Difpatch.
For the Caufes, left one Day, are Remanets to the next, and fo on to
the next, that there are Attendances enough on that Account. But
when, over Night, a Man fees his Caufe the firft in the Paper, and,
next Morning, finds it at the Bottom, his Difappointment is great;
and he will be told that, without a Touch of purchafeable Heraldry,
he will never be furc of his Time. I have heard his Lordlhip. fay that
he never flept well if, in his Paper over Night, he found a great Ar-
rear
LORD KEEPER GUILFORD.
rear of Caufes : So concern'd was he, left he might not be able to dif-
patch them. And, according to this compaffionate Intention, he la-
bour'd continually to retrench Superfluities, as well in the Modes of
the Bar Pradice, as in the paffing Orders, and other Office Difpatches.
By which Means, at Length, he got the Maftery of the Court ; and his
Remanets (if any) were few, and a moderate Day often fpent them ;
and then his Heart was at Eafe. This continued till the Parliament
and (more unhappily) his own Weaknefs came on, and made him un-
able to continue that clofe Application to the Bufinefs of the Court ;
and, for want of due Time allow'd for hearing of Caufes, the Reins
of the Court grew loofe, and the Paper became loaded with Rema-
nets, which to fee was of itfelf, to him, a Sicknefs. And I am con-
fident it was one, and not theleaft. Ingredient in bringing forward upon
him that fatal Diftemper which, after it had once feifed, never left
him till he died. , i , •
It was his Lordihip's Manner, when he fat in the Court, to hold m
his Hand, the Paper of Caufes ; and if any Thing moved in his
Thoughts confiderable, either towards Regulation of Abufes, improv-
ing the Forms and Courfe of the Court, or (in the hearing of Caufes)
of nice Reafon, and difficult to determine, he call'd for the Regifter's
Pen, and wrote it upon the Day Paper. He was much ufed to write
upon his Hand, and could do it very fteddily ; and, when he came
home, he laid by the Paper, with others he had fo wrote upon, that
if he would form a more folemn Report of the Cafe, he had the Hint
eafily to do it. But he might alfo have another End in it; for if (as
was touched before) a Decree was pronounced, with exquifite Terms
and Dlftinaions, his Lordfl-iip did not always leave the Drawing of the
Order to theRegifter ; for, if he miftook the Senfe of the Court, then
certainly follow'd Re- hearings, or Motions to fettle the Order ; and
fometimes the Regifter himfelf, if he doubted, would come to his
Lordlhip to explain his Senfe to him. But his chief Care of this
Kind, was when the Subjedt Matter of the Caufe was touchy, and
great*Men, or great Parties, concern'd themfelves in it, and there might
afterwards follow fome Calumny or Complaint.
I {hall not have Occafion here to touch more at large any of tlie
efpecial litigated Caufes which he decreed. As for the few which were
publickly taken Notice of, and made the Subjed of News, and, by cer-
tain vile Writers, traduced; amongft which are the Cafe of Mx.Mayot's
Will, which is already fully related in the Examen ; and the Cafe of
the Duke of Norfolk againfl his Brother; they (hall be fully accounted
for afterwards, 'it is ti:c Pravftice of Libellers to take, or make, any
Pretences for Calumny; but if never fo many Things are done well,
there is no Notice taken of tliem. And any Hiftorian, that doth the
one.
20y
His Lord (hip's
Care of the
Orders of the
Court, and
preferring his
Rcafons.
Libellers (cV
nc thing wcif.
A notable
Tiiai ot his
Lfjriifhips
luftice in the
Ciitoit.ttoH.
20^ The LIFE of the late
one, and not the other, is a partial Tool, and no better than a Libeller
Therefore, againft the Reflexions faHcly call at the before- mention'd
Cafes, I will fubjoin one, wherein his Lordfhip's 0>idudt, as well as
Decree, may juflly, and even in the Mcaiiire of his /^dverfaries (if it
were not for his Commendation) be aci nunted beyoi.d the ordinary
even to a Pitch of heroical Juftice. And it was in 1684, i Ja \l
between Fitton and my Lord Macclesfield *, formerly Gerrard. The
Caufe was firft decreed Twenty-two Years before; and now came to
be heard before his Lordlliip, upon a Bill of Review, to reverfe the
old Decree. Mr. Fittofi had lived very poor, and moftly in Prifon
ever {inct the Decree, which had undone him. He was a notable'
bufy, foliciting Man, and a Papiji; and that was a Charader of no-
table Recommendation in the Court of King James IL Upon this Ac-
count, Fitton had worm'd himfelf into much Favour ; for the Opi-
nion they had entertain'd of his Indullry and Ability was extraordi-
nary: And, on the other Side, the Earl o^ Macclesfield was ftiif of the
Anti-court Party. Fitton thought that, by Virtue of his Advantage in
this Reign, if he brought his Caufe about again, he fhould get the
better of his Adverfary. Accordingly he went to work ; and there
being nothing in the Caufe, but the Errors aflign'd in his Bill of Re-
view, it foon came into the Paper to be heard ; and that was the Time
to ply his Fare at Court, to get an Intereft fo ftrong as might fecure
my Lord Keeper, and then the Work was done: And, accordingly,
the King himfelf was fo far overfeen as to fpeak to his Lordfliip for
Fitton 'y which he did upon the ufual Topick, of giving a favourable
and patient Hearing ; and, in the main, recommended the Caufe to his
Jujiice. But all the Lords, of that Intereft, and fome others of moft
potent Influence, at that Time, applied to his Lordfhip more directly
for his Favour, as to a poor, opprefled Man. I believe his Lordfliip
was never fo befleged in all his Life -, and I believe it irritated his Spi-
rits fo much that, if he would have been partial, it had been for the
other Side. But the Caufe came on, and the Council ftrong on both
Sides. The Earl himfelf was in Court, without any Company of his
own. He, knowing the State of AflTairs, concluded his Caufe, at this
Time, loft, and depended upon fome After-Game to retrieve it. But
there might be obferved, about the Court, enough of the oppofite Party.
His Lordfliip took himfelf to be upon the Tenters of his Behaviour ;
and, for that Reafon, determined to let the Counfel, on both Sides,
have their full Swing; and, however importunate, not to correal them
for any Thing, but only to hold them clofe to the Points, and then to
" This Cafe is already related in the 'Examen, but as I find fome more Circumftanccs, of a pretty
ordinal y Natu-e, added to this Account ot it, 1 thought proper to infcrt it in this Lite.
let
I •
<3ftrao
LORD KEEPER GUILFORD.
let them talk their Fill. I muft confefs that, being prefent at the
Hearing, and obferving fo much Impertinency, and fome Indecencies
of Counfel, and no Reproof at all from the Court, as ufeth to be in
fuch Cafes, I wonder'd at the different Method. For he fat ftill, and
fometimes aflced if they had all done, or if they had any Thing more
to lay ? Which often drew on more Talk, though no other than Re-
petition ; all which, contrary to Cuftom, he bore, till all faid they had
done, and had no more to fay. It may not fall under every one's
Obfervation, that Counfel at the Bar will ever leave a Caufe, when it
is fome Way hinted to them that the Court is inclinable on their
Side ; for Judges, that have a Bias, will feem to bear hard againft the
Side they intend to determine for, and, at laft, come round ofl^; the
Meaning of which is obvious. In this Cafe, his Lordfliip coming to
his Decree, took Notice that there was fomewhat very extraordinary,
that made this Caufe to be brought on now before him, when fo many
worthy and learned Judges had fat in his Place, during the intervening
Time lince the tirft Decree ; and he could not conceive what could be
expedted from him more, or otherwife, than from any of them. But flnce
he was chofen out to determine this Caufe, he would do it according
to the beft of his Judgment and Confcience, and fo difmifl!ed the Bill.
He faid he would not declare what he might have done, if the Caufe
had come before him when recent, or in a decent Time after the firft
Decree, when Fad of Forgery (as was in the Cafe) might reafonably
be examined ; but after great Length of Time, and fince the Parties,
havin'^ had full Liberty allow'd them to proceed in due Time, had
done Clothing, they had flipt their Opportunity. And now, after fo
many Chancellors, and Seflions of Parliament let pafs, to come at laft
to him, that had no Reafon to value himfelf againft thofe great Au-
thorities, he thought he could not, and therefore would not alter the
Decree. When this was done, the Earl of Macclesfield^ who little
expedted his Eafe fo foon, for he had always join'd with his Lord-
fliip's Enemies (which fnppofed Prejudice in a Judge, many think,
hadi not a e;ood Inf^ ence upon a Man's Caufe) went out of the Court
down into the Hall, and walked gravely and filently to a Bookfeller's
Shop, and alked for his Lordfliip's Pidure (then newly printed and
fold) and, having paid down his Shilling, rolled it up and, without
faying a Word to any Body, went away. Whether he was ever the
more or lefs Friend or Enemy to his Lordfliip, after this, I know not.
But it is fure enough that the Roman Catholick Party took Umbrage,
from this judicial Sentence, among other Adtions of his Lordihip, to
conclude he was inflexible to any Purpofes of theirs ; and it confirm'd
a Rcfolution, taken by the bufy Part of them, to heave him out of the
Wav,
207
208
Ttoe LIFE of the late
Ul.ge.
Way, before any of their critical Defigns were, or well could be,
brought forward.
Cafe of fhc And now I proceed to the other before- mentioned remarkable Cafe
Duke of N.jr. ^g^j-ggd by hisLorddVip; but it ended not fo. And it was this. The
Brlhe? ^And Point was of a Term of two thouflind Years, whether it may be en-
?r/r/>.'s .11 tailed, or not -, but it did not turn upon the common Law, for, there,
it is clear not, but proved to be a Right in Equity, being a Truft. If
this Entail Hood, Efme Howard, a Brother of the Duke of Norfolk,
had the equitable Right i if not, then the Duke himfelf. And he was
a Protejiant, but the other a Papijl ; and it will appear what Influence
that had. The Earl o^ Nottingham heard the original Caule, and cal-
led to his AfTiftance the three Chiefs, Femberton, of the Kings Bench,
his LordOiip, of the Common Pleas, and Mountagu, of the Exchequer,
And, after the Hearing, the Lord Nottingham defired their Opinions,
which were clearly that the Truft ought to follow the Law. When
they had done, the Chancellor did not (hew them the Refped of de-
bating any of their Reafons intheleaft; but, in a formal, and, feem-
ingly, prepared Speech, decreed the dired contrary. When his Lord-
Ihip had the Seal, and fat there, the Caufe, upon a Re-hearing, or
Review, came again to be heard before him ; and he, knowing no
Rule but his Judgment of the Law, and Confcience in Equity, re-
verfed the Decree. Afterwards, Efme Howard preferred an Appeal to
the Houfe of Lords. It feems Sir George Jeffries was then Chief
Tuftice of the Kings Bench-, and he, by Means of fome Encourage-
rnent he had met with, took upon him the Part of (lighting, and in-
fultinff his Lordfliip on all Occafions that profcr'd. And here he had
a rare Opportunity 5 for, in his rude Way of talking, and others of a
Party after him, he batter'd the poor Decree, not without the molt
indecent Affronts to his Lordfhip that, in fuch an Affembly, ever were
heard • His Lordfhip, whofe Part it was tojuftify his Decree, took
not the leaft Notice of any Indecency, or Refledion, that regarded
him but made a Dedudion of the Cafe, and gave his Reafons amply,
and with calm and exquifite Temper. But his Decree was reverled
I heard a noble Peer fay that he never Jaw hts LordJJjip tn Jo much
Lufire as he appear d under the ill VJage of that Day, and he was
more admired, than any Succefs of his Reafons could have made him.
But now, having open'd this Scene, we are not to exped other than
Oppofition, Contempt, and brutal ill Ufage of that Chief towards his
Lord(hip, while he lived. The Earl of Nottingham's was printed,
but his LordHiip did not think fit to intereft himlelf, in a private
Caufe (o far as to become a Party in Print, although all the Chancel-
lor's Fkurifties were fully anfwcr'd and refolved. And as for certain
Scandals
20p
nunt
LORD KEEPER GUILFt)Rt^
Scandals and Lies, raifed and printed by a * foul Libeller, relating to tliis
Caufe, I do not think them worth taking Notice of.
But as to Sir George Jeffries, having laid fo much of his ill Ufage s!.o--Ar
of his Lordihip, I think it proper to give fome particular Account of "i" ^^e chief
his Chiv-:.6ter} which I lliali, for the moft Part, do by annexing fome ^',!J;/^,, f^om
Ihort Explanation to hisLordfhip's own Notes of him : And thofe are h-s^B^gin-
more explicite of him, than of any other Pcrfon ; for all the other ^'^^^^'^^'^
Men of Law in England, in Place and out of Place, mufter'd toge- towc-"^**
ther, did not fo much atfed his Lordlhip's Qinet, as the Behaviour of
that Ciiief did; of which a juft View is prefented elfewhere. To
take him from his Beginning, he was a Gentleman's Son in Wales, of
whom it was reported that he ufed to fay George (his Son) would die
in his Shoes. His Beginnings at the Inns of Court, and Pradice, were
low. After he was called to the Bar, he ufed to fit in Coffee-houfes
and order his Man to come and tell him that Company attended him
at his Chamber ; at which he would huff, and fay. Let them ftay a
little \ I will come prejhitly. This made a Shew of Bufinefs ; of which
he had Need enough, being married, and having feveral Children.
One of the Aldermen of the City was of his Name ; which, probably,
inclined him to fteer his Courfe that Way : Where, having got Ac-
quaintance with the City Attornies,and drinking defperately with them,
he came into full Bufinefs amongft them, and was chofen Recorder of
the City. That let him into Knowledge at Court, and he was enter-
tain'd as the Duke of Tor lis Solicitor, and was alfo of the King's
Counfel. He continued Recorder till the Profecution of Abhorrers, and
faved himfelf (as he took it) by Compofition for his Place. There-
upon, having furrender'd his Rccorderfliip, he obtain'd the Place of
Chief Juftice of the Kings Bench ; and, after the Death of the Lord
Keeper Guilford, the great Seal; which he held till the Prince of
Orange landed ; and then he abfconded in Difguife, in order to fly be-
yond Sea; but, being difcover'd at ^j/»/>//7^,efcaped narrowly being torn
in Pieces by the Rabble. He w^as fecured by the Lord Mayor, and
fent to the Tower, where he died. The Incidents of his Life, which
I fliall take Occafion to remember, may aptly be placed againft his
Lordftiip's Notes concerning him.
Began with a turbulent Spirit
againft the Mayor and Court
of Aldermen, taking Part with
the Commons. ■
•;^an vviih
This Method was the diredt con- b-
trary to what raifed him, and, in Opprfiioa to
his following Behaviour, he pradif- f/. ^'^?>,7
ed: l^orhe became an high Flier, men.
for the Authority of the Mayor and Court of Aldermen. He was of a
fierce, unquiet Difpofition, and, being at firft but low himfelf, could
a«ft only among Inferiors, whom he inftigated to be troubleiome; and,
like others of ambitious Tempers, or, which is nearly the fame, ne-
* The Author of the Lives of the Lord Chance:!o s.
E) d CeffitOUP,
2IO
By Cou^t In-
tercft, got to
be Recorder
ct" London.
^^ the LIFE of the late
cefTitous, he put himfelf into all Companies ; for which he was qua-
lified, by iifing himfelf to drink hard; and fo made himfelf a general
Acquaintance, and fome Friendfliips, in the City. And, upon this
Courfe originally taken, he grounded his Pretenfions to an Intereft in
the Citifens.
Then, being acquainted with
Will. Chiffinch (the trufty Page
of the back Stairs) ftruck in
and was made Recorder.
This Mr. Chiffinch was a true Se-
cretary as well as Page; for he had
a Lodging at the back Stairs, which
might have been properly termed
Then the
Tukes Soli-
citor.
the Spy-Office; where the King fpoke with particular Perfons, about
Intrigues of all Kinds : And all little Informers, Projedors, ^c. were
carried to Chiffinch's Lodging. He was a mod impetuous Drinker,
and, in that Capacity, an admirable Spy ; for he let none part from
him fober, if it were poffible to get them drunk; and his great Arti-
fice was pufhing idolatrous Healths of his good Mafter, and being al-
ways in Hade ; for the King is coming y which was his Word. Nor,
to make fure Work, would he fcruple to put his Mafter's falutiferous
Drops (which were called the King's, of the Nature oWoddards) into
the GlafTes; and, being an Hercules, well breathed at the Sport him-
felf, he commonly had the better ; and fo fifhed out many Secrets,
and difcover'd Mens Charadlers, which the King could never have ob-
tain'd the Knowledge of by any other Means. It is likely that Jeffries,
being a Pretender to main Feats with the Citifens, might forward him-
felf, and be entertain'd by Will. Chiffinch, and, that, which, at firft,
was mere fpying, turn to Acquaintance, if not Friendfhip, fuch as is
apt to grow up between immane Drinkers; and from thence might
fpring Recommendations of him to the King, as the moll: ufeful Man
that could be found to ferve his Majefty in London ; where was Need
enough of good Magiftrates, and fuch as would not be, as diverfe were
accounted, no better than Traitors.
Afterwards the ') Having once got a Footing in Court, and found
Duke's Solicitor. 3 Means to hold forth great Affurances of future
Services at large, it is no Wonder that he was taken in on that Side
of the Court, that defired fuch Men as would adl without Refervc, as
it was termed. While he was in this Poll, he made a great Buflle in
the Duke's Affairs, and carried through a Caufe which was of very great
Confequence to his Revenue; which was for the Right of the Penny
Poft Office. It was the Invention of one Docwra, who put it into
complete Order, and ufed it to the Satisfidlion of all Londoji, for a con-
fiderableTime. The Duke of Tork was Grantee of the Revenue of
1 the Poft Office ; and his Counfel, finding this Projed, of a Penny Poft,
turn out fo well, and apparently improvable, upon confiilting the Adl,
thought the Duke had a Right to all Pofts, and, confequently, to that.
Thereupon
LORD KEEPER GUILFORD.
Thereupon an Information, grounded on the Poft Ad, was exhibited
againft Docwra, and, upon a Trial at ih^ Kings Bench Bar, he was
convidted; and ever fince, the Crown hath had the Benefit of the Penny
Poft. Docwra would not fubmit himfelf, but infifted on his Right to
the laft ; otherwife it was thought he might have feci>red to himfelf a
good Office, by being Commiffioner for Life, to manage that Revenue.
But his Way wardnefs to the Court would not give him Leave to be fo
wife.
21 I
Upon Troubles in Parliament,
he would not ftand his Ground,
but quitted his Recorderfliip in
Fear, and with great Entreaty.
Whereupon Sir George Treby
was made.
This whole Affair, and all the L-fr the Place
Circumftances of it, is fully ac- ^ Fea^t'
counted for in the Ex amen, forr.-^/.
(hall fay little here; only that
this Sir George Treby, who fuc-
ceeded Jeffries in the Recorder-
fliip, was no Fanatic, but, of the Fanatic Party, true as Steel. His
Genius lay to Free-thinking, and, conformably to his Fellows at that
Time, made the Scriptures and Chriftianity, or rather all Religion, a
Jeft ; and fo conftant in his Way, that no Man could fay that ever he
was the firft, and not the laft, that left the Bottle.
He aim*d at the Place of Chief "k It was a cruel Thing in Jeffries His Ambition
to prefs fo very hard, as he did, to %^^
come over the Head of Mr.Juftice Men. Some
Warrant'o, fettled to the Preju- ^ Jones, againft whom there was no ^,J^'^" ,° ^ j^^
dice of Jones^ who had ferved ' Sort of Objedlion ; but, on the con- ^^^^^.^ and the
~ trary, a Merit in doing the King Lofs of sir
Juftice, in fo great and confequen- ^'^ ^^^'^'^'>^'
> tial a Caufe as that, againft the
Juftice of the Common Pleas,
after the Judgment, in the quo
in giving it ; and Expedient be-
ing found by Room in B. R,
was made fo.
City, was. And, in the End, Saunders, the Chief Juftice, being dif-
abled by his Apoplexy, Jones pronounced that Judgment, and ex-
prefTed the Reafons fo ftiort and found, and, delivered with that Gra-
vity and Authority, as became the Court, and Greatnefs of the Occa-
lion. And one, that had a Grain of Confideration of any Thing but
himfelf, and being of the fame Intereft and Sentiment, would not
have pufli'd, with a flaming Violence at Court, to the Injury of fo ve-
nerable a Perfon as that Judge was ; whofe Character I ftiould have
particularly fet forth here, if it had not been done already in the
Examen. Jeffries did not gain his Point of him ; but Matters refted
a while, and the Place of Chief Juftice of the Common Pleas being
void by his Lordffiip's Promotion to the Seal, Jones was placed there,
which was his Advantage, and Jeffries took the Cufliion in the King's
Bench, This was not the onlylnftanceof the unreafonable Ambition
of Jeffries, to the Prejudice of deferving Men. For he laid his Eye
on the Place of Chief Juftice of Chefier, which was full of Sir Job
D d 2 Charleton,
!;«.
212 The LIFE of the late
Chiirleton, than whom there was not a Perfon better qualified for his
Majefty's Favour; an old Cavalier, loyal, learned, grave, and wife.
He had a confiderable Eftate towards Walei, and defired to die in
that Employment. But "Jeffries, with his Interefl on the Side of the
Duke of York, prefled the King fo hard that he could not fland it ;
but Sir 'Job Charleton muft be a Judge of the Common Pleas, and
Jeffries at Chejler in his Place, being more Weljlmian than Jiimfclf.
Sir Job laid this heavily upon his Heart, and defired only that he
might fpeak to the King, and receive his Pleafure from his own
Mouth; but was diverted, as a Thing determined. But once he went*
to Whitehall, and placed himfclf where the King, returning from his
Walk in St. James's Park, mull: pafs ; and there he fet him down like
Hermit poor. When the King came in, and faw him at a Diflance,
fitting where he was to pafs, concluded he intended to fpeak with
him, which he could not, by any Means, bear: He therefore turn'd
fhort off, and went another Way. Sir Job, feeing that, pitied his
poor Mafler, and never thought of troubling him more, but buckled
to his Bufinefs in the Common Pleas. And may Wejlminjler-Hull ne-
ver know a worfe Judge than he was.
A fi(fiiriou3 Then received a Ring from the "* What concerns this artificial Fame,
Grca.nefscon- KJ^ y^^^^^^ ^J.^ Q\xcmthe Affairs, concerning the City of
'^^ ■ * LoWo;/, put into his Hands; which
made a; any Citifens obliged to
J court him that were not very much
really his humble Servants : But no Remedy ; and he was their Gran-
dee.
Sir William Smith and Daily \This is mentioned elfewhere, fo
Juftices. Inde ardor cum Intern- fhv as I can remember of it 5 as
perie. Thence he took OccafionSalfo the fpeaking in the Council
to fcold violently. I drunk, and inveighing againfl
J Trimmers.
Poji, accufatio Com, Serjeant, '\ One Mr. Crifp was, in thofe times,
fine Fundamento, He afterwards^ the common Serjeant in London^
accufed the common Serjeant upon( an Office of confiderable Account,
no Grounds. V^P^cially in the Orphanage. He
was an honeft, reafonable, Gentleman, and very loyal 5 but, it feems,
was not one that would go into all Meafures ; therefore caufelefs blame
was laid upon him. I do not call to mind what it wasi but it did not
fucceed to his Prejudice.
Pcjl Rofewell, mo' in Arrefl, Q? iThis Rofewell was attaint, by Ver-
gavij'us de Errore, Urged the Pro- (^didt, of High Treafon m London,
fecution of Rofewell, and laughedr and, having made his Peace with
at the Miftake. \ the Lord Chief Juftice, moved by
his Counfel to arrefl the Judgment for an Error of Form in the Record.
The Lord Chief Juftice could not contain himfelf, or be concealed, but
openly rejoiced at the Accident, and was tickled with mirth and laugh-
ing at the King's Counfel. But the ferious Obfervation was that, af-
ter he had urged the Profecution of Rofewell, and a Fault flipt, he
fhould fo merrily difcharge him.
A *ttal of// \ '^^^^ was a Citifen that he caufed to be pro-
" -^ * 3 fecuted for High Treafon ; and then, at the
Trial, apparently helped him off with the Jury : Which, it may be,
was not without Reafon ; for Evidences, at fuch Trials, ought to be
above all Exception. But fince nothing new fprung at the Trial, which
was not feen before, it was pleafant to fee a Man hunted into the Toils,
and then let go. So fuddenly may Enemies become Friends. Upon
what Terms who knows }
Motion
LORD KEEPER GUILFORD. iij
Motion for delivering the 7 j^.^ .^ ^^ ^^^^^^^^ afterwards.
Papifts out of Jail. 3 ^
Profecution of Will, 7 This his Lordfhip thought ill advifed ; for he
Williams. 3 was Speaker of the Houfe of Commons, and
had figned diverfe Matters, as Commitments, AddrciTes, Votes, and
fuch Ads as the Houfe thought fit fhould be done; but if they were,
as was fuppofed, criminal in their Nature, as Libels, falfe Imprifon-
ments, Gf^. no Privilege, in flrid Rigour of Law, excufeth them. But to
profecutea Speaker, in Vacation of Parliament, for what he had done
by the Order of the Houfe of Commons in the laft SefTions of Parlia-
ment, was by no means gracious, or like to be well taken in any fuc-
ceeding Parliament, but tended rather to irritate than reconcile ; which
was more for the King's Service. But Williams had been fharp upon
Jeffries when he was upon his Knees at the Bar of the Houfe for ab-
horring; and they were both Weljlmen: Therefore Williams muft be
profecuted.
It may conduce fomewhat to the underftanding this, to relate what Caughtby a
I clearly remember. It was the Cafe of Samuel Verdon, a famous ^^'^^^'^^j^^J"^
Norfolk Attorney. He was ordered by the Houfe of Commons to be °j ^ TriaU-''^
taken into Cuftody, and the Warrant ligned William Williams, The bout Parha-
Serjeant*s Men went down and took him; but he, out of an acquired I^J'^^^^^^j"^"
Obflinacy, would conform with the Meffengers in nothing. But, in
bringing him up, he would not be prevailed with either to mount or
difmount his Horfe ; but forced the Meffengers, at every Turn, to lift
him on and off; and, at the fime Time, had his Clerks taking Notes,
in order to teflify thefe Affaults of his Perfon ; for every one of which,
he intended to bring an Adtion of Battery. It fo fell out that, as he
was u-^on the Road, about Midway between Norwich and London, the
Parliament was prorogued, by which the Warrant ceafed, and, after
that the Cuftody was a falfe Imprifonment; and Verdon brought his
Adli'on for it againfl the Meffengers, which Adtion was tried at the Ex-
chequer Bar. The Speaker (Will. Williams) himfelf, was the Front
Counfel for the Defendants, and Jeffries for Verdon. Williams faid
much to excufe the Men, upon Account of their invincible Ignorance
of the Prorogation. Upon that, Verdon fleps forth, and. My Lord,
faid he, if Sir V'/illiam Williams will here own his Hand to the War-
rant, i will Jiraight difcharge thefe Men. Jeffries was lb highly
pleafed with this Gafconade of his Client, that he loved him ever af-
ter; of which Verdon felt the good Effed:s, when his learned Counfel
came that Circuit as Chief Juftice ; for although many Complaints
were intended againft him, and fuch as were thought well enough
crounded, vet he came off Scot Free.
■B*
■It
r»
*^
■■■ ,;. r
i\6
Efpoufcd the
Jinereft ot the
Jaji Ind'm
Cuiiipinv,
agiinft the
Inccilopers.
Broughr a icT'
perate Party
Man, Polkx-
fsn^ into the
Kini^'s Bufi-
i^cr; in the
mil.
His fcouring
the Citilcns
of Brijiol, and
the Mayor
h'.nifclr, for
kidnapping.
The LIFE of the late
^ ' 3 at that Time, againlt bands for interlop-
ing ; but concern'd the Merchants in London^ who complain'd againfl
the Eaji India Company for being a Monopoly, and began ahnoft to
form an interloping Company. But the Judgment of Law, being for
the Company, put a Stop to it. JcffVies efpoufed the Matter with
great Fury ; and though not much given to argue Law Matters, he, ia
giving his Judgment, made a prolix Argum.ent, asihe Reports of the
Cafe, wherever they appear, will (liew. There was fomewhat extraor-
dinary at the Bottom. But I have no Ground to fay what.
Henry Pollexfen introduced. \ 'J^^'t)!. "° ^"°""' '°^ g'f " f
''J 3 this Action of Jeffries, but that he
was making Friends with the Anti-Court Party. For this Pollexfen
was deep in all the defperate Defigns againfl the Crown, He was the
Advifer and Advocate of all thofe who were afterwards found Traitors.
In a Word, a thoroughflitch Enemy to the Crown and Monarchy in
his Time. A Fanatic^ and (in the Country) Frequenter of Conven-
ticles ; and one, more notorious of this Chara , rr' 7 He was a Countrvman of the Lord Chief
-^.r brou.hr ^ i Julbce >jfn^';, and his Favourite. It may
jp, and loon ^lot be amifs to fliew a little of him, that it may appear what Sort of
fei to fup. ^^^^^ ^^^^^ ^j^j^^ brought forward. He was bred a Sort of Clerk in old
Arthur Trevors Chamber, an eminent and worthy ProfeiTor of the
Law in the Inner Temple, A Gentleman, that vifitcd Mr. Arthur
Trevor^ at his going out, obferved a flrange-luoking Boy in his Clerk's
Seat (for no Perfon ever had a worfe Sort of Squint than he had) and
afked who that Youth was ? A Kin/man of mine ^ faid Arthur Trevor,
that I have allow d to fit here, to learn the kfiavijh Part of the Law,
This John Trevor grew up, and took in with the Gamefters, among
whom he was a great Proficient: And, being well grounded in the
Law, proved a Critick in refolving Gaming Cafes, and Doubts, and
had the Authority of a Judge amongfl them ; and his Sentence, for
the mod Part, carried the Caufe. From this Exercife, he was recom.-
mended by Jeffries to be of the King's Counfel, and then Mailer of
the Rolls, and, like a true Gamefter, he fell to the good Work of
fupplanting his Patron and Friend j and had certainly done it, if King
James's Affairs had flood right up much longer ; for he was advanced
fo far with him, as to vilify and fcold with him publickly in White-
hall. He was chofen Speaker in King James's Parliament, and ferved
in the fame Pofl after the Revolution. Once, upon a Scrutiny of Bri-
bery in the Houfe of Commons, in Favour of one Cook, a Creature
of Sir Jofiah Child's, who ruled the Eajl India Company, it was
plainly difcover'd that the Speaker Trevor had looo/. upon which
the Debate run hard upon him, and he fat above fix Hours as Prolo-
cutor in an AlTemblythat pafl that Time with calling him all to naught
to his Face ; and, at length, he was forced, or yielded, to put the
Queflion upon himfelf, as in the Form, as many, as are of Opinion
that Sir John Trevor is guilty of corrupt Bribery by receivifig, &c.
and, in declaring the Senfe of the Houfe, declared himfelf guilty.
The Houfe rofe, and he went his Way, and came there no more. But
whether the Members thought that the being fo baited in the Chair
was Punifhment enough, or for his taking fuch grofs Ccrrcdion fo
patiently and conformably ; or elfe, a Matter, once out of the Way,
was thought of no more ; it is certain that he never was molcfled far-
ther about that Matter ; but continued in his Pofl of Mafler of tlie
Roll?, equitable Judge of the Subjcds Interefts and Eflates, to the
great Encouragement of prudent Bribery for ever after.
, ... r 1 T 1 TT- 1 "^ This hath been touch'd elfc-
About bailing ot the Lords. His dc- /
liberating, Refolution, and Dcceit-
fulnefs in that Affair.
Unde'-took to
bail the Lords,
arJ faiicJ,
and fom'j o-
thj' odd
Pifl'-jges.
where. The Lords were tiie
Five in the Tov/er f(;r the
Plot; and it kcius that his
determining
at firft fetting out. Deferter
in Difficulties. Full of Tricks.
Helped by fimilar Friendfhips.
Honefly, Law, Policy, alike.
LORD KEEPER GUILFORD. 219
determining upon the Queftion to bail them, help'd to H^ him into
his Place of Chief of the Ki?tgs Bench ; but, at the Touch, he failed.
Offer to come upon 7 This was a Prefumption no EngliJJj Coun-
the Scotch Affairs. S ^^"«^*> ^^^ ^^'^ P'^""''"' Minifler pretended
to • and flicvvs a violent Forwardnefs, as it it aimed at no lefs.
Trimming pro Sacheverel, ^ Mr. Sacheverel was a fierce Hero a-
Redar^r /Ittorn.Tv'imm^d ( gainff the Court in the Houfe of Com-
for theSideof.S^^/j^wf/, > mons ; and, being profecuted by the
and reproved the Attorney V Attorney General for fome Mifdemea-
General. ^ "or, the Lord Chief Juftice fided with
him, and reproved the Attorney General. It is only an Inftance of
his taking in with the Heads of the anti- court Party.
Introdu^io Roe 1 This was another like Inftance ; for l^o^ was a
Introduced Roe C clofe Servant of Monmouth's : Which comes vile
near fidinc; againft his Mafter and Benefador, the Duke of l^'k,
Noify in Nature. Turbulent ) This, to conclude, is the f^^^^^^^
- ■ - " ^ Charadler of the Lord Chief Juftice ^^^^.^^^^^^
Jeffries and needs no Interpreter, a remarkable
And, fii^ce nothing hiftorical is a- ^/^-^^ ^f
nuiicxty i_.aw .V...... ^....~. mi^s inaDefign like this, I will difference to
fubjoin what I haVe perfonally noted of that Man ; and fome Things the^ice of
of indubitable Report concerning him. His FriendOiip and ^o^verla-
tion lay much among the good Fellows and Humourifts ; and his Ue-
lights were, accordingly, Drinking, Laughing, Singing, Kiffing, and
aU the Extravagances of the Bottle. He had a Set of Banterers for
the moft Part, near him; as, in old Time, great Men kept Fools to
make them merry. And thefe Fellows, abufing one another and their
Betters, were a Regale to him. And no Friendftiip or Dearnefs could
be fo great in private, which he would not ufe ill, and to an extra-
vagant Degree, in Publick. No one, that had any Expedations from
him was fafe from his publick Contempt and Derifion, which fome
of his Minions, at the Bar, bitterly felt. Thofe above, or that could
hurt, or benefit, him, and none elfe, might depend on fair Quarter at
his Hands. When he was jn Temper, and Matters indifferent came
before him, he became his Seat of Juftice better than any other I ever
faw in his Place. He took a Pleafure in mortifying fraudulent Attor-
nies, and would deal forth his Severities with a Sort of Majefty. He
had'extraordinary natural Abilities, but little acquired, beyond what
Pradice in AfiVirs had fupplied. He talk'd fluently, and with Spirit;
and his Weakntis was that he could not reprehend without fcolding ;
and in fuch Billinfgate Language, as fliould not come out of the
Mouth of any Man. He call'd it giving a Lick with the rough Side
of his Tongue, It v/as ordinary to hear him lay Go, you arc flthy,
E e 2 ^^^^Jh
1.
I
2 20 The LIFE of the late
lonfu knittyRdfcal\ with much more of like Elegance. Scarce a Day
paft thiit he did not chide fome one, or other, of the Bar, when he
lat in the Chancery: And it was commonly a Ledurc of a Quarter of
an Hour long. And they ufed to fay, 7/j/j is yours \ my Turn rcill
be to Morroiv. He feem'd to lay nothing of his Bufmefs to Heart,
nor care what he did, or left undone; and fpent, in the Chancery
Court, what Time he thought fit to fpare. Many Times, on Days of
Caufes at his Houfe, the Company have waited five Hours in a Morn-
ing, and, after Eleven, he hath come out inflamed, and flaring like
one diftradtcd. And that Vifage he put on when he animadverted on
fuch as he took Offence at, which made him a Terror to real Offen-
ders ; whom alfo he terrified, with his Face and Voice, as if the Thun-
der of the Day of Judgment broke over their Heads: And nothing
ever made Men tremble like his vocal Inflidlions. He loved to infult,
and was bold without Check; but that only when his Place was up-
permofl:. To give an Inftance. A City Attorney was petition'd a-
gainft for fome Abufe; and Affidavit was made that, when he was
told of my Lord Chancellor, My Lord Cha?iccUor, fliid he, I wade him-,
meaning his being a Means to bring him early into City Bufinef?.
When this Affidavit was read, Well^ faid the Lord Chancellor, then 1
nvill lay my Maker by the Heels. And, with that Conceit, one of his
beft old Friends went to Jail. One of thefe Intemperances was fiital
to him. There was a Scrivener of Wapping brought to hearing for
Relief againll a Bummery Bond; the Contingency of lofing all being
fhewed, the Bill was going to be difmiffed. But one of the Plaintiff's
Counfel faid that he was a llrange Fell )W, and fometimes went to
Church, fometimes to Conventicles ; and none could tell what to
make cf him; and it was thought he ivas a Trimmer. At that the
Chancellor fired ; and A Trimmer ^ faid he I I have heard much cf
that Mo7iflcr, but never faw one. Come forth, Mr. Trimmer, turn
yon round, and let us fee your Shape : And, at that Rate, talk'd fo
long that the poor Fellow was ready to drop under him ; but, at laft,
the Bill was difmiffed with Cofis, and he went his Way. In the Hall,
one of his Friends afked him how became off? Came cff\ fnid he, /
am efcaped from the Terrors of that Mans Face, ivhich I would
fcarce undergo again to fave my Lfe ; a?2d I pall certairily have the
frightful Imprejjion of it as long as I live. Afterwards, when the
Prince of Orange came, and all was in Confufion, this Lord Chancel-
lor, bei P:g very obnoxious, difguifcd himfelf in order to go beyond
Sea. He was in a Seaman's Garb, and drinking a Pot in a Cellar.
This Scrivener came into the Cellar after fome of his Clients; and his
Eye caught that Face, which made him ftart ; and tl\e Chancellor,
feeing himfelf eyed, feign'd a Cough, and turn'd tc the Wall with his
Pot
LORD KEEPER GUILl ORD. ^^l
Pot in his Hand. But Mr. Trimmer went out, and gave Notice that
he was there; whereupon the Mob flowM in, and he was in extreme
Hazard of his Life; but the Lord Mayor laved hlnn, and loft 1 urn-
felf For the Chancellor being hurried with fuch Croud and Noifc
before him, and appearing fo difmally, not only difguiied but, difor-
der'd; and there having been an Amity betwixt them, as alfo a Vene-
ration on the Lord Mayor's Part, he had not Spints to fu (lam the
Shock but fell down in a Swoon ; and, in not many Hours alter, died.
But this Lord Jeffries came to the Seal without any Concern at tlie
Weight of Dut/incumbent upon him ; for, at the firA, being merry
over a Bottle with fome of his old Friends, one of them told nmi
that he would find the Bufinefs heavy. No, faid he, /'// make^ tt light
But, to conclude with a ffrange Inconfiftency, he would drink, and
be merry kifs and flaver, with thefe bon Companions over Night, as
the Way 'of fuch is, and, the next Day, fall upon them, ranting and
fcoldino- with a Virulence unfufferable.
Some Time before his Lordfliip was preferred to the great Seal "^^^^
the Lord Chief Juftice Pemberton was removed, and was lucceeded ^^..^^^^^ j^^^i
bv Sir Edmund Saunders. Both of whom, being eminent in the Pro- Reafon,ar
feffion of the Law, and Cotemporaries of his LordHiip, I ffiall take ^^-J^JJJ' ^-
this Opportunity of Hiving fomething of their Charaders : But, before what Judges
I proceed fo far, it will be proper to folve a Queftion much toffed --. uuacd.
about in thofe Days. And that was whether the Court was not to
blame, for appointing Men to Places of Judgment, when great Mat-
ters of Law, and of mighty Confequence, depended to be heard and
determined, whofe Opinions were known before-hand; of which it is
eafy to fay (as the Anti-court Party did) that Judges were made to
ferve Turns. This Queftion turns upon the fuppofed Integrity of the
Government. They are, as all Governments mufh be, entrufted with
Pov/er ; which Power may be ufed to good or ill Purpofe. If it be
to ill, it is no Ohjeaion to the Reafonablenefs of the Power, becaufe
Power mult be. Here a Government is befct with Enemies, evsr
watching for Opportunities to deftroy it; and, having a Power to chocfe
whom to truft, the taking up Men, whofe Principles are not known,
is more than an even Chance that Enemies are taken into their Bofom.
Here the Government fird confulted of the Jnftice by Law againll
the City's Charter, and found, by clear Advice, that it was forfeited,
and ought to be accordingly condemned ; and, upon the Event, vaft
Importance^ hung; even- the Peace cf the Nation. Would any Go-
vernment in the World, truft that Juftice to the Arbitriment of Ene-
mies, or run the Hazard of having fuch ? Or, were it a Doubt^of
Opinion only, would tliey not be lure of Men to judge, whole Un-^
derllandings and Principles were foreknown ? Wliat is the Ufe of
Foweiv
'VBIi
,|1
r
II
2 12
Lord Chief
(uftice Fern-
verton, his
Beginnings
bad, and Au-
thority abu-
fed.
^!ortifi■:d an
Attorney to
Death.
77>e L I F E of the late
Power but to fcciirc Judice ? It may, it's true, protedt the contrary;
and fo Men may kill one another ; as they lay that every fingle Man
hath the Power of Life and Death. But that is not an Exception a-
gainft the jail Ufc of a Power, or that Men may not carry Knives in
their Pockets. But it is to be obferved that thefe kind of Objedions
are commonly Wheedles; and, if Governours hearken to them, they are
probably loft ; and tliofe, who are the Objedtors, laugh in their Sleeves,
and, in their Turn, outdo, many Bars, all that themfelves found Fault
with. The true Diftindlion is when Governments ufe Powers that
do not belong to them (as high Courts of Juftice) ; and when they
ufe only fuch Powers as are properly lawful, as the ordinary Courts of
the common Law. It is a Maxim of Law that Fraud is not to be af-
fgned in lawful A5ls. If Governments fecure their Peace by doing
only what is lawful to be done, all is right. If they fuffer Encroach-
ments, and, at length, DifTolution, for want of ufing fuch Powers,
what will it be called but Stupidity and Folly ? But to proceed to what
I intended.
The Lord Chief Juftice Pe?nberton was a better Pradlfer than a
Judge J for, being made Chief Juftice of the Kings Bench, he had a
towering Opinion of his own Senfe and Wifdom, and rather made, than
declared. Law. I have heard his Lordftiip fay that, in making Law,
he had outdone King, Lords, and Comtnons, This may feem ftrange
to fuch as fee not the Behaviour of Judges, and do not confider the
Propenfity of almoft all to appear wifer than thofe that went before
them. Therefore it is the moft impartial Characfter of a Judge to defer
toElderfliip, or Antiquity. But to proceed : This Man's Morals were
very indifferent j for his Beginnings were debauched, and his Study
and firft Pradice in the Goal. For, having been one of the fierceft
Town Rakes, and fpent more than he had of his own, his Cafe forced
him upon that Expedient for a Lodging: And there he made fo good
Ufe of his Leifure, and bufied himfelf with the Cafes of his Fellow
Collegiates, whom he informed and advifcd fo ftiilfully, that he was
reputed the moft notable Fellow within thofe Walls; and, at length,
he came out a Sharper at the Law. After that, he proceeded to Study
and Pradice, till he was eminent, and made a Serjeant. After he was
Chief Juftice of the Kings Bench, he proved, as I faid, a great Ruler,
and nothing muft ftand in the Way of his Authority. I find a few
Things noted of him by his Lordftiip.
Cafe of Lady Ivye, where ad- jThe Lady profecuted John/on for
vifed that there was Subornation, (^ this Subornation, by Infcrxnation
for which fchnjon was ruined, andMn the Kings Bench, and the caufe
" ' J was tried before Pemberton. It
appeared
Heart broke.
i
^ )
,1
4
LORD KEEPER GUILFORD.
appeared that "Johnfon had no Concern, or Words, but by way of Ad-
vice to his Client ;' but he was born down and convid; at which the
Fellow took defpair and died. It was thought his Meafure was very
hard and cruel ; and that fome mighty Point of Intereft, in her Lady-
ftiip's Law-Suits, depended upon this Man's Suffering.
jDcy/s Settlement a Cheat, fori This fraudulent Conveyance was
want of Words ufual. ^ byf managed between Sir Robert Bal-
whofe Contrivance. But he ^idi-^dock and Pemberton. It is certain
vifed. ] it was paffed by Peinberton, who
was the Counfel chiefly relied on ; but not fo certain it was his Con-
trivance ; for Baldock had Wit and Will enough to do it. The De-
vice was to make two Jointures, as of the Manors of A and B, com-
plete, and without Words of Reference of the one to the other, as ///
Part^ &c. or together with in full, .whereby the one called upon
the other. The Ufe made of this Trick was mortgaging both thefe
Eftates as free, but, in Truth, encumbered with the Jointure and Set-
tlement. For, upon the Profer of A to be mortgaged, and the Coun-
fel demanding a Sight of the Marriage Settlement, that of B was ftiew-
ed. Then, upon the Profer of B, the Settlement of A was ftiewed s
and fo the Cheat paffed of both.
This Chief Juftice fat in the Kings Be?7ch till near the Time that
the great Caufe of the %o Warranto againft the City of London was
to be brought to Judgment in that Court ; and then his Majefty thought
fit to remove him. And the Truth is it was not thought any way rea-
fonable to truft that Caufe, on which the Peace of the Government
fo much depended, in a Court where the Chief never ftiewed fo much
Regard to the Law as to his Will ; and notorious as he was for little
Honefty, Boldncfs, Cunning, and incontroulable Opinion of himfelf.
After this Removal, he returned to his Pradice, and by that (as it
feems the Rule is) he loft his Style of Lorddiip, and became bare Mr.
Serjeant again. His Bufinefs lay chiefly in the Common Pleas, where
his Lordffiip prefided: And however fome of his Brethren were apt to
infult him ; his Lordffiip was always careful to reprefs fuch Indecen-
cies ; and, not only protcded but, ufed him with much Humanity.
For nothing is fo lure a Sign of a bad Breed as infulting over the De-
prefl!ed.
The Lord Chief Juftice Saunders fuccecded in the Room of Pcm-
bertcn. His Charadter, and his Beginning, v/ere equally ftrange. He
was at firft no better than a poor Beggar Boy, if not a Parifli Found-
lin^'-, without known Parents, or Relations. He h.ad found a way to
live by Obfequioufnefs (in Clement's-hin, as I remember) and courting
the Attornies Cierlis for Scraps. The extraordinary Obfervance and
Diligence of the Boy, made the Society willing to do him Good. He
appeared
223
Concerned in
a fraudulent
Conveyance
for Sir iViiliam
Removed be-
fore the Judg-
ment againft
London upon
the ^io IVar-
ranto.
The Lord
Chiel JaiKcc
iiaundtrs ot
wonderful
Beginning,
and cxtrava-
jTani Chava-
ifler.
>
&,
ft
224
The L I F E of the late
appeared very ambitious to learn to write ; and one of the Attornies
rot a Board knocked up at a Window on the Top of a Staircafe ; and
that was his Defk, where he fat and wrote after Copies of Court and
other Hands the Clerks gave him. He made himfelf fo expert a Wri-
ter that he took in Bufinefs, and earned fome Pence by Hackney-wri-
ting. And thus, by degrees, he puQied his Faculties, and fell to
Forms, and, by Books that were lent him, became an exquifite enter-
ing Clerk ; and, by the fame courfe of Improvement of himfelf, an
able Counfel, firft in fpecial Pleading, then, at large. And, after he
was called to the Bar, had Pradice, in the Kings Bench Court, equal
with any there. As to his Perfon, he was very corpulent and beaftly ;
fa mere Lump of morbid Flefli. He ufed to fay, by his Troggs, (fuch
an humourous Way of talking he affeded) none ccuU fay he wanted IJjue
of his Body, for he had nine in his Back. He was a fetid Mafs, that
cffended his Neighbours at the Bar in the fharpeft Degree. Thofe,
whofe ill Fortune it was to ftand near him, were ConfefTors, and, in
Summer-time, almoft Martyrs. This hateful Decay of his Carcafe
came upon him by continual Sottifhnefs ; for, to fay nothing of Bran-
dy, he was feldom without a Pot of Ale at his Nofe, or near him.
That Exercife was all he ufed ; the reft of his Life was fitting at his
Defk, or piping at home ; and that Home was a Taylor's Houfe in
- Butcher-Row^ called his Lodging, and the Man's Wife was his Nurfe,
1 or worfe ; but, by virtue of his Money, of which he made little Ac-
! count, though he got a great deal, he foon became Mafter of the Fa-
jiiily ; and, being no Changling, he never removed, but was true to
his Friends, and they to him, to the laft Hour of his Life.
So much for his Perfon and Education. As for his Parts, none
had them more lively than he. Wit and Repartee, in an affeded
and Goodnefs Rufticity, wcre natural to him. He was ever ready, and never at a
of Nature as ^^^^ ^ ^^^ ^^^^ ^^^^ ^^ ^^^^ ^^ ^it to bc a Match for Serjeant Mai?i-
ard. ' His great Dexterity was in the Art of fpecial Pleading, and he
would lay Snares that often caught his Superiors who vvere not aware
of his Traps. And he was fo fond of Succefs for his Clients that, ra-
ther than fail, he would fet the Court hard with a Trick ; for which
he met fometimes with a Reprimand, which he would wittily ward
off, fo that no one was much offended with him. But Hales could
not bear his Irregularity of Life; and for that, and Sufpicion of his
Tricks, ufed to bear hard upon him in the Court. But no ill Ufage
from the Bench was too hard for his Hold of Bufinefs, being fuch as
fcarce any could do but himfelf. With all this, he had a Goodnefs of
Nature and Difpofition in fo great a Degree that he may be defervedly
flyled a Philanthrope. He was a very ^ilenus to the Boys, as, in this
Place I mav term the Students of the Law, to make them merry
i ^ 1
V
Kis great
Parts, Law,"
Ave'i! as Ho-
nefty.
wh
^never
I
LORD KEEPER GUILFORD.
iM
whenever they had a Mind to it. He had nothing of rigid or aufterc
in him. If any, near him at the Bar, grumbled at his Stench, he ever
converted the Complaint into Content and Laughing with the Abun-
dance of his Wit. As to his ordinary Dealing, he was as honeft as the
driven Snow was white ; and why not, having no Regard for Money,
or Defire to be rich ? And, for good Nature and Condefcenfion, there
was not his Fellow. I have feen him, for Hours and half Hours toge-
ther, before the Court fat, fland at the Bar, with an Audience of Stu-
dents over againft him, putting of Cafes, and debating fo as fuited their
Capacities, and encouraged their Induftry. And fo in the Temple, he
feldom moved without a Parcel of Youths hanging about him, and he
merry and jefting with them.
It will be readily conceived that this Man was never cut out to be a Taken into
Pre{byter, or any Thing that is fevere and crabbed. In no Time did B^Jf-jnef.f ^hcn
he lean to Fadlion, but did his Bufinefs without Offence to any. He ch.juft.'of the
put off officious Talk of Government or Politicks, with Jefts, and fo ^^rii'sBsnch,^
made his Wit a Catholicon, or Shield, to coverall his weak Places and fnla7po°
Infirmities. When the Court fell into a fteddy Courfe of ufing the piexy and
Law againft all Kinds of Offenders, this Man was taken into the King's ^-^^^J'-
Bufinefs; and had the Part of drawing, and Perufal of almoft all In-
di(flments and Informations that were then to be profecuted, with the
Pleadings thereon if any were fpecial ; and he had the fettling of the
large Pleadings in the §uo Warranto againft London, His Lordfhip
had no fort of Converfation with him, but in the Way of Bufinefs,
and at the Bar ; but once, after he was in the King's Bufinefs, he dined
with his Lordfhip, and no more. And there he fhewed another Qua-
lification he had acquired, and that was to play Jigs upon an Harpfi-
chord; having taught himfelf with the Opportunity of an old Vir-
ginal of his Landlady's ; but in fuch a Manner, not for Defedt but Fi-
gure, as to fee him were a Jeft. The King, obferving him to be of a
free Difpofition, Loyal, Friendly, and without Greedinefs or Guile,
thought of him to be the Chief Juftice of the King's Bench at that
nice Time. And the Miniftry could not but approve of it. So great
a Weight was then at ftake, as could not be trufted to Men of doubt-
ful Principles, or fuch as any Thing might tempt to defert them.
While he fat in the Court of Kings Bench, he gave the Rule to the
general Satisfaction of the Lawyers. But his Courfe of Life was fo
different from what it had been, his Bufinefs inceffant, and, withal,
crabbed ; and his Diet and Exercife changed, that the Conftitution of
his Body, or Head rather, could not fuftain it, and he fell into an A-
poplexy and Palfy, which numbed his Parts; and he never recovered
the Strength of them. He out-lived the Judgment in the %o War-
F f rajito
126
His Lorddiip
decreed an
eminent
Livvyer to
pay his 20Co/.
to the Ouks
«f Biuks.
Condufion as
to Matters of
Chancery.
And his Lord-
ftiip's
Thou2,htsof
not ftiling the
Places of
Mifttrs in
Chaiicery.
ne LIFE of the late
ranto ; but was not prefent othervvife than by fending his Opinion, by
one of the Judges, to be for the King, who, at the pronouncing of
the Judgment, declared it to the Court accordingly, which is frequently
done in like Cafes.
But, to return to his Lorddilp. I may ftate another Cafe, In which
it appear'd his Lordfhip's Confideration of Juflice furmounted his
Will, which was always inclined to be good to thole of his Profefiion,
efpecially if he had a real Value and Efteem for them. The Duke of
Bucks was difpofed to fell an Eftate in LekeJlerJ}:ire. It was while
my Lord Nottmgbam had the great Seal. His Son Heneage, a cele-
brated Orator in Chancery Pradice, had formerly bought of the Duke
an Eftate at Aldborough in Siiffex : And not a few Suits depended in
Court between his Grace and his Creditors and Trullees, in which
the Contention ran high. Mr. Amhrofe Philips, an eminent Pradifer
in the Court, fought to buy this Leicejierjhire Eftate of the Duke of
BuckSy and contrived to ufe the Name of Mr. Heneage Finch in the
Treaty. On the other Side, it was told the Duke that, if he let Mr.
Finch have the Purchafe at an eafy Rate, it would be taken as a
Refpe6l, and turn to Account in his Caufes. So the Matter Vv'ent on,
and theVurchafe, by Payment and Sealing, finifhed. Then the Duke
found out that he had been impofed on, and that Philips, and not
Finch, was the real Purchafer; which if he had known before, he
would not have taken under 2000 /. more than the Price he had re-
ceived. He was fo unfatisfied. that he brought a Bill againft Philips
to be relieved as to this 2000/. and, by Circumftances in the Caufe,
it was plain to his Lordrtiip that the Duke's Price took in that 2000/.
but that, for Mr. Finch's Sake (or rather his Father's) he had bated
it; and alfo that it was fo pretended to him only to make him bate
that Sum ; fo that his Lordfliip decreed Philips to pay that Sum, over
and above his Purchafe Money; which 2000/. he had got off by a
wily falfe Pretence of Mr. Finch's being the Purchafer.
I (hall not feled: any more of his Caufes, here. Thefe were fuch as
none ever traduced; and they may be collated with fome others that
have been fo ufed, to be found in fit Place; where it will appear that
Interefl: and Fadion will attack the beft, as well as word, Adtions of
a Magiftrate: For Slander is an Accufer, and not a Defender, and
makes the word Conflrudion, even of the worthieft Proceedings; and,
when flriaiy juft, allows none at all to be, as they ought to be,
efleemed good. But I muft not forget to mention one ferious Dtlibe-
ration, his Lorddiip had with himfclf, touching the Places of Mafters
in Chancery ; whether he (liould fell them for a Price, or give them
freely. And once he was inclined, and almofl: refolvcd to give them,
being of Opinion that the Court had not fo much Power to coerce
Exorbitances,
tl7
LORD KEEPER GUILFORD.
Exorbitances, or to controul their Profits, when they bouglit their
Places, as if they were conferred gratis : For, upon the leaft Rumour
of a Reform, they cry out Purchafe, 'valuable Confideration, ^c.
Otherwife, there might be a Power, for the Good of the Suitors, and
Advancement of Juflice, to curtail even their accuflom'd Profits. But,
upon mature Confidcration of the Matter, it did not appear certain to
his Lordfhip, that pure Gift would entitle him to that Arbitration
over them as he defired, and thought to ufe; but, as foon as they
were touch'd, they, and all their Tribe of Relations, Friends, and In- •
tereft, nay, other Officers, with theirs alfo, would raife as hideous a
Clamour, and be as troublefome to his Lordfhip, as if he had beflow'd
them free. And then he could not hope to return the whole Twelve,
while he fat there, whereby to lay all under an equal Circumftance :
And it was a Regulation that could not be made but by publick Au-
thority, which might controul all alike; and he had no Reafon to
quit a certain Advantage to himfelf, upon a very doubtful Profpedl to
do any Good thereby. And he alfo refleded how indifferendy fuch a
generous Adl would be accepted by the Publick. It would have been
termed either Vanity, or Folly; and, perhaps, both: And all the Skil-
ful had reputed no better of him ; and fo, inflead of having the Adion
approved, he had been render'd contemptible for it, as one that did
not underiland his own Advantages. If felling fuch Places was in-
convenient, conflant Ufage, that eflablifli'd it, mufl anfwer. A thank-
lefs good Will is a weak Virtue, and apt to yield to Interefl. So his
Lorddiip gave Way to follow the Steps of his PredecefTors, and dif-
pofed thofe Places for a Price, as they had done before him ; but with-
al, to be fatisfied of the Charader and Fitnefs of the Perfon prefented
to him.
We here take Leave of the high Court of Chancery (a grofs Cargo The State and
upon the Shoulders of the Lord Keeper) having little or nothing more ^ '•ii"^' °^
to fay of that grand judicial Province, and repair to the State Court, Council?'^
where the King was left in full Honour and Tranquillity. His Lord-
fliip defign'd to have left behind him the Tranfadions of the Court,
during his Miniflry as Lord Keeper, compiled by himfel^-. I have
lieard him commend the PafTage of Tacitus in his Hiflory, to begin
with the Charaders of Perfons adive in publick Afi^airs, and then tlie
State of the Empire. And he had gone fo far towards it, as to note
down fome Names of Perfons confiderable at Court, whom he intended
to charaderife and decypher ; with abundance of Items of Paflages :
But he had no Time, nor Life, to bring any fuch Deiign to Pcrfedion.
He begins with the State of the Cabinet Council, that conhlled of
thofe few great Officers, and Courtiers, whom the King relied upon
for the interior Difpatch of his Affairs. And as Offices of the Law,
F f 2 out
2Z8
Hi^Lordfoip's
Notes j and
fiift, concern-
ing Eilrvard
Sejmour,
The LIFE of the late
out of Clerkfliips, fpawii other Offices, fo this Council was derived
from the privy Council, which, originally, was the fame Thing, and
derived out of the magnum Concilium^ by that Name, mention'd in
the Rolls of Parliament; and the fame, out of Parliament, authorifed
by King Hd^A/ry VII. was known by the Place where it fat, W2;. the
Star-Chamber. AfTemblies, at firfl:, reafonably conftituted of a due
Number and Temper for Difpatch of Affairs committed to them, by
improvident Encreafe, came to be formal and troublefome, the cer-
tain Confcquence of Multitude, and thereby a new Inftitution becomes
ricceffary : Whereupon it is found eafier and fafer to fubftitute than to
diflblve. Thus the Cabinet Council, which, at firfl, was but in the
Nature of a private Converfation, came to be a formal Council, and
had the Diredion of moft Tranfadions, of the Government, foreign
and domeftick. The Spaniards have peculiar Councils, call'd Juntos,
affign'd to each great Branch of the royal Power, which prevents fuch
fub-emergent Councils as thefe.
His Lordfhip's fir/l Note is, " Seymour lately withdrawn."
This Mr. Seymour was eldeft Son of Sir EdiLmrd Seymour of De-
"oonJJoire^ one of the Knights of the Bath. From being a wild Spark
about Town, he came early into the Court, and was of that Gang
that routed the Lord Chancellor Hyde, His Entrance was through the
Parliament ; for, being buoyed upon ih^ JVeJlern Alliance, he was con-
fiderable in the Houfe of Commons. He ferved, as Speaker there,
diverfe Years, and, as fuch, was call'd to the privy Council. He was
ambitious and proud in the highell Degree -, and was fuppofed to de-
cline no Means that tended to his Advancement. When he was of the
privy Council, he fcorn'd to fpeak at the lower End, where his Place
was, but commonly walked up nearer the King, and, /landing behind
the Chairs of the Chancellor, or other great Lords, fpoke to the King.
And, as his Nature, fo his Speeches were often arrogant and difrefpedt-
ful. Once, at the Council, he faid to the King, Sir^ kow long ilhU
your Majefiy prevaricate with yourfelf^^ The King, muttering, re-
peated the Word prevaricate diverfe Times, but made no Reply.
This, probably, joined with odier like temper'd Speeches, loft him the
King's Favour. It is very imprudent to give Orfence to great Men ;
and no honefl Meaning will fet it right: For it loofens the perfonal In-
tereft of the Advifer, and, confequently, the Efficacy of the Advice.
It is faid that Mfop reproach'd Solon for his unfavoury Anfvver to
Crvelus ; for, faid he, What did you come J'or, if you did not intend
to pieaj'e the Man? His Lordffiip was very forry that Seymour was
gone ; becaufe his affuming Temper might have allayed the over-
weening Forwardnefs of feme others of the great Menj and he thought
him
LORD KEEPER GUILFORD.
him to be a Man of Honour, and cordial to the true Englijh Inte-
reft.
His Lordfliip*s State of the Cabinet was wrote thus.
" Pofture of the Cabinet
" Earl of Radnor^ Lord Prefident.
'' Marquifs of Tlallifax, Lord Privy Seal.
" Lord Conway y \ ^
« Secretary Jenkim, | Secretaries.
<^ Lord Roche jier of the Treafury,
" Duke of Ormondy
" Sidney Godolphin.
This Pofture of the Cabinet pleafed his Lordfliip well enough; and
it is plainly that which ftood when he enter'd, becaufe no Notice is
taken of the Earl of Nottingham^ Lord Chancellor. The Earl of
Radnor^ formerly Lord Roberts of Cornwall^ was a good old Englijly
Lord, who was a Malecontent when that, called the Cabal, reigned
under the Influences of Clifford and Shaftjbury, But, upon the rifing
of the contrary (or, rather, Fanatick) Party, that apparently diftrefled
the King, and thereby forced him upon Meafures of Safety, which
were alfo the true Intereft of his Government, the Lord Roberts came
in, and, notwithftanding his uncontroulable Teftinefs, and perverfe
Humours, did the King very good Service. The Marquifs, formerly
Sir Henry Savile of the Norths was a Perfon of incomparable Wit,
formerly a Malecontent alfo, but came in to refcue the Crown, and
continued firm all King Charles the Second's Reign ; but then, and af-
terwards, he openly oppugned Popery, and particularly in the Reign
of King James II, For when the Point, of taking away the Teft and
penal Laws, was urged, with Pretence of an Equivalent, he wrote a
fmall Trad: call'd, The Anatomy of an Equivalent, Of the Secretaries,
the Lord Conway was rather a Perfon of great Intereft, Fortune, and
Pleafure; than cut out for Application to much Bufinefs. But Sir
Leoline fenkins was the moft faithful Drudge of a Secretary, that ever
the Court had. He was a civil Lawyer, bred and pradifed; and, from
the Top of that Profeffion, was taken into the Court. For he was
Dean of the Arches, Judge of the Admiralty for diverfe Years, and
withal (as the Way, of that Faculty, is) pradtifed as Advocate in all
Courts where he was not Judge. He was alfo his Majefty's Advocate
General. This good Man was Embaflador, and went through the
Treaty of Nimegucn, and, coming home, was made Secretary. His
Learning, and Dexterity in Bufinefs, was great; but his Fidelity fur-
mounted all ; for which Reafon he was maligned, by the Fanatics, in
the higheft Degree, even to perfecute his Name and Fortunes after lie
was
-^9
The Pofture
of the Cabi-
net, and Cha-
ra^ers of the
CounfcIIois.
m
2 ^O
The LIFE of the late
was dead ; as is fliewcd in the Examen. His Lordfhip contraded an
Intimacy with this Gentleman, which I might call Friendfliip j hut
the Charader is too general ; and their Union was purely refpedling
the King's Affairs, in which they laboured with an exemplary Accord.
The Lord Rochefler, formerly Lawrence Hyde, one of the younger
Sons of the Earl of Clarendon, was a Perfon adroit in all Matters of
Wit and Bufmefs, being obferved to be always early, plodding at the
Scrutiny of Accounts and Eftimates, before the other Lords came. His
Infirmities were Paffion, in which he would fwear like a Cutter, and
the indulging himfelf in Wine. But his Party was that of the Church
of England, of whom he had the Honour, for many Years, to be ac-
counted the Head. For all Men, that aim to become great, efpoufe
a Party, and, if poflible, get to be trufted as the Head of it, for, then,
they have fomewhat wherewith to terrify, and, on the other Side, for
their ownlntereft, to fell, or betray. The Duke of Ormond was a No-
bleman of rigorous Honour, and who, next the Crown, had the chief
Authority in Ireland, He was an old Cavalier, and inexpugnable
Loyalift. Mr. Godolphin was a Courtier at large, bred a Page of Ho-
nour ; he had, by his Study and Diligence, maftered, not only all the
claflical Learning but, all the Arts, and Entertainments of the Court;
and, being naturally dark, and referved, he became an Adept in Court
Politicks. But his Talent of unravelling intricate Matters, and expo-
fing them to an eafy View, was incomparable. He was an expert
Gamefter, and capable of all Bufinefs in which a Courtier might be
employed. x\ll which, joined with a Felicity of Wit, and the com-
municative Part of Bufinefs, made him be always accounted, as he
really was, a rifing Man at Court.
His Lordihip's next Note ftands thus, « Alterations.
« Lord 5z/«^^r/^;/i introduced, and made Secretary in the Room of
" the Lord Convjay!'
This Change was very mvfterious at that Time ; but the Se-
B h'viour^be q^cl hath demonftrated that the Duke of York brought it about ;
tv/een whom for the Lord Sunderland had engaged in all his Meafures, and
and bis Lord- ^j-Qught accordingly, till he had his own Defign accomphfhed m
a^atanrAnti! the Ruin of his Mafter. He had been Secretary before, and came in
pa.hy. ^vhen the Lord Shaftjbury was made Lord Prefident of the Council,
and then was looked upon as an Omen of a falling Court : So early was
he underflood. It is well remembered, that, when the fadious Side
of that Council, and no lefs the Houfe of Commons, were intent upon
turning out the King's Friends, and placing the Oppofites in their
Room, and diverfe Heaves were made at the Duke o^ Lauderdale, and
the Lord Keeperi^/^r//^, and the Commiffions of the Peace and Lieutenancy
were to be reformed, there was not a little Oppofition made -, and the
King
Lord Sunder
hnd and his
LORD KEEPER GUILFORD.
King was careful, by not yielding to thefe Men, to fave himfelf. The
Speech of this noble Lord at the Council, in his drawling Way, is re-
lated in the Examen, and will ferve to illuftrate the Politicks of that
Peer. The King could not, at that Time, bear with him long, but
turned him out ; and fo the Council was purged j for the reft of the
Party were difbanded, or left out, or deferred about the fame Time.
All this was lefs ftrange than his coming in again. We thought that
the Duke of Tork had not Intereft enough to have done it without the
Adjundt of the French Ladies, whofe Favour, with Money and Court-
fhip, he failed not to purchafe. It is certain that he was a mofl fafli-
dious Averfion to the Lord Keeper North, They fay that Animals,
out of a Contrariety of their Natures, have a mutual Antipathy, and can
fcarce bear the Sight of each other. I know well that his Lordfliip
fcarce ever faw, or fpoke of him, without a Chagrin -, and, after he
was reftored to the Secretary's Office, and Place in the Cabinet, his
Lordfliip declared he had no Hopes of any Good at Court. Nor was
this noble Lord behind-hand with his Lordfhip, in his kind Thoughts
towards him ; which, fproutingout in Speeches and Adions, were asvene-
mous as the deadly Nightfhade; but, for want of apt Concurrents, as to
all Harm to his Lordfliip, or his Reputation, vain and enervous. He
laid a Plot to faflen a Whore upon his Lordfhip, that he might lofe
the Reputation he had of Moral Virtue untainted. That he rode upon a
Rhinoceros, that he might be defpifed j and other Stratagems as filly,
of which a particular Account will be given elfewhere : And all this
without the leafl Offence, by Word, or Adlion, on his Lordfhip's Part
to difgufl him. But the Canker was his Lordfhip's unmoved Con-
flancy and Fidelity to the Church and Monarchy fettled by Law, both
which his Lordfhip (the Earl) wrought to overturn: And he could not
bear fuch an Obflaclc in his Way, without attempting to remove it.
However, fuch Enmities, at Court, have the Effed: of Friendfhips
elfewhere : For a Man is known by his avoiding, as w^ell as by his herd-
ing, w^ith particular People. I mufl not forget to add here, that his
Lordihip, by his external Behaviour, with Refpedt to this State Secre-
tary, made no Refentments for his Clandeftine Injury, but kept that
even Temper with him as the King's Affairs required he fliould do. His
Lordfhip had a Brother in Law, who, being a Courtier, and of a lofty
Genius, hiibituated in the gaming Society of that Lord, and was fo
far impofed on as to mediate a nearer Converfation with him ; and it
went fo far, that his Lordil:iip yielded to a Projcdl of an Invitation by
dining with the Secretary ; and I had the Honour to be there : But I
muft fay, that I never faw fo filent a Feafl as that was. There was
little to be amended, for little was faid on either Side. We came away j
and his Lordfliip chofe to be fo far rude as not to crofs invite, rather
than
23»
^31 rhe LIFE of the late
than bear the like Confequences of fuch another Intercourfe of his
own defigning.
The next Note runs thus, " Spring 1684. Secretary Jcnkhis quits
" to Sidney Godolphi?i,
The Worth of The Lofs of this Secretary was a great Mortification to his Lord-
Sxrieolinejen.^^^ I havc oftcu heard him fay, upon that Occafion, that he was
kins, and ^^^\ obfoiutelv alone in the Court ; and that no one Perlon was left in it,
fo^;Kt wiS whom he could fafely confer in the Affairs of the Publkk While
the Secretary flood, and the Lord Hallifax, and the Lord Hyde, who
had Spirits, and were hearty, they often met at the Secretary's in Even-
jn2<5 to confider of fuch Dependances as were to come before the King
the next Day. The Benefit of which was very confiderable to the
King's Affairs, as well as to themfdves ; for fo the Matters were bet-
ter underflood than if no previous Deliberation had been taken; and
they were not unprepared to fpeak to them in Terms proper for his
Maiefly to entertain without Miftakes, or clafhing one with another ;
as happens, fometimes, about mere Words, when the Thing is agreed.
But after this Change, they all began to look gravely upon one an-
other, and to talk only of indiflferent Things. This Secretary was not
turned out, but quitted for Confideration, as the Note implies. He
was a Perfon that, together with incomparable Veracity, Fidelity In-
duftry, and Courage, had fome perfonal Failings; for bemg ufed to
Forms, he was a little pedantic, and of a tender Vifage ; for being
inclined to laugh immoderately at a Jefl, efpecially if it were fmutty,
the King found him out, and failed not, after the Tendency of his
own Fancy, to ply his Secretary with Conceits of that Conipledion ;
and fo had the Diverfion of laughing at the Impotence of the others
Gravity. It is not amifs to fubjoin here an Hifloriette to Oiew the
Value of this Minifler. In the Weftmijijler Parliament, the Houfe of
Commons was very averfe to the Court, and, from a Party very pre-
valent there, the Loyalifts fell under great Difcouragements. Amonglt
the reft, this good Secretary was found Fault with for fomething rele-
vant he had uttered on the Court Side. Diverfe Members, from the
Humility of his Manner in fpeaking, fuppofed him to be a mild
yielding Man, and, to expofe him, confulted about cenfuring his
Words, and ordering him to the Bar, and to afk Pardon upon his Knees.
And if this Experiment had been puOied, and he had fqueaked, as
they call it, that is recanted, and whined for an Excufe, then he had
been loft in every Refpedl; for a fneaking Man is defpifed^ and re-
ieded on all Sides. But for fear this, in the Execution, might have
an unlucky Return upon them, they refolved firft to found him; for
a Secretary of State is no flight Perfon to fend to the Tower, as muft
LORD KEEPER GUILFORD. 233
have been done of Courfe, if he had ftood firm. Thereupon, fome
half-faced Friends told him that he would be accufed, and muft kneel.
He aniwered them, in his formal Way, tluit he -joas a poor Creature,
7iot worth the Rcfentment of the Houfe : He JJ-ould he always fub-
miffive to fuch great Men as they were, in every Thing that con-^
cerned hlwflf But, as he had the Honour to be his Majejlfs Secre-
tary of State, the Cafe was i20t his, but his Majlers, and, ^by the Grace
of the living God, he would kneel to, and ask Pardon \f no Mortal
upon Earth, but the King he ferved, and to him only would he give an
Account of any Thi?ig done with Intent toferve him. This fhewed that
the Bufinefs was like to be too hot for that Time, and the Defign of
it like to fail; and fo it was let drop. But the Secretary was met
with at Oxford, when he was ordered to carry up the Impeachment
againft Fitzbarris ; and, after all his hufnng and ftriving, he found
it beft to do it. But, to return, it was notorious that, a^er this Se-
cretary retired, the King's Affairs went backwards ; Wheels within
Wheels took Place; the Minifters turned Formalifers, and the Court
myfterioiis. And no Wonder when the two then Secretaries, profclf-
ed Gamefters and Court-Artifts, fupplied the more retired Cabals
and, being habituated in Artifice, eftcemed the honeft plain Dealers,'
under whofe Miniftry the King's Affairs were fo well recovered, to be
JK) better than Beafts of Burthen. And the next Note Ihews the Re-
fult of this mercurial Courtfliip.
" Upon Difcovery of the Confplracy D. Y."
The Subje(5t of thefe Notes being the Cabinet, it is here plain that an r^c Duke of
Handle w^as taken from that Difcovery, to let in the Duke of 2W'. The ^^'^'^^ameinro
common Obloquy, upon the Court, had all along been that the Duke and 'J^^^^^'"!^^)^
conlequently, the Papifts, had Infiuence upon thepublick Counfels/ And kvpL?'
not long before this Time, fuch a Step, as this \vas, would have been '
loudly ventilated abroad, as a plain Declaration that Popery was to l-o-
vcrn, with Ddign to have ruined the King's Intereft and Credit with
the Gentlemen of England, Bnt now Fadion was low, thou-rh not
dead; and the new Courtiers thouglit any Thing might be done! And
m Truth, though little appeared to them, yet, to fuch as converfcd
more promifcuoufly, it was plain that Fa(5tion warmed upon it But
this was to be laid for it. The Rye Confjv.racy \vas aimed as well at
th^ Perlon of the Duke, as of the King; for one Dofe of Pills ferved
for both : Ai^.d it was very reafonable that the Duke ihould be prefcnt
at the Oiaving his own Beard. This did a little fcreen the Truth of the
Matter; wliich was that the Papi/Is, through the Duke, intended
under the Umbrage of this Confpiracy, to make fome Advances at
Court; but the Sequel will flicw m.ore.
G S ** After
I
I
'i
rhe LIFE of the late
^34
Of thoTorc^ <' After, Northern Circuit 1685, Lord Chief Jullice Jefricszi^^oinX.-
Chief j-idice ^^ £^^. If "
hfrrrofi"^ This Note ccncludes his LorcmVip's State of the Cabinet, and the
titious breat- feveral Poftiircsit had, in the Reign oi ¥J\x\g Charles II. after his Lord-
"^^'' fliip had the Seals. And now, from this broad Hint, I take the Rife
of a notable Piece of Hiltory. After the Lord Chief Juaice Jeffries
(of whom I have faid fomcwhat before) was affiimed into the King's
Privy Council, which was feme time before he came into the Cabinet,
there went forth a mighty Fame of his Greatnefs at Court ; which wiis
moflly artificial, although fuch Incidents commonly blow up Reports
far beyond Truth. When this Chief Juftice had cliofcn the Northern
Circuit for his Expedition, it was fo contrived that, on a Sundny^
Morning, when the Court was full, the King (hould take Notice of
his good Services, and, in Token of his Majefty's gracious Acceptance
of them, give him a Ring from his Royal Finger. This was certainly
fo done, by way of Engine, to rear up a mighty Machine of Autho-
rity ; and the printed News informed the whole Nation of it. Where-
upon the fame Lord Chief Judice was commonly reputed a Favourite
and next Door to primier Minider ; fure enough toeclipfe any Thing
of the Lav/ that flood near him. It is to be remembered that, at this
Time, the Trade of procuring Charters to be furrendered was grown
into a great Abufe; and nothing was accounted at Court fo merito-
rious as the procuring of Charters, as the Language then was. There-
fore, as it was intended that the Chief Juflice fliould be ingratiated
into'his Majefty's good Opinion and Favour, as much as was poflible ;
' this Care was taken that, through the Fame of his great Honour,^ he
(hould have appeared fo to the Country, and, in confequence of that,
wherever he went, all Charters mufl needs fldl down before him; and,
for that Reaion, the Towns were to be prepared by Quo Warrantos
fent down. This affords an ufeful Speculation how mean Perlons de-
rive to themfelvcs Merit from the Power of great ones, who fliall a-
fcribe to their Inferiors thofe very Events which flow really from their
own Power. Here the Chief Juftice is made to feem powerful by the
King, with whofe Authority he is graced -, and that makes the frighted
Towns, at his Inftigation, furrender. This muft be argued to de-
monftrate to the King that the Chief Juftice had a mighty Influence
upon the Country, having done greater Things, in his Majefty's Ser-
vice, than any Judge had ever done before; when, in Truth, it was
not his own proper Influence, but the King s Power, through bun, that
had fuch Virtue in the Country. It was fo alfo with Refped to the
Cw^oi London-, over which the Chief Juftice exercifed a lort of vio-
lent Authority That he had a great Influence there was true ; but it
was becaufe the Citifcns thought him a great Man at Court ; and he
obtained
LORD KEEPER GUILFORD. 23^
obtained Favour at Court, becaufe he was thought to have a great In-
fluence in the City. Thus the Court conferred their own Influences,
and took them back by Rebound, as fo much Merit rcfleded from the
Perfon that managed them. Then it is alf^o to be remembered that the
North of Englafid is the Seat of the Roman Catholick Intereft ; and
fome Thino;s were to be managed by this Chief Juftice, with Refpe(fl
to them, which no other of the twelve Judges would have done, and
I am about to relate.
In the courfe of this Northern Voyage, which was carried with Lord Jef^ies
more Loftinefs, and Authority, than had bren known at any Aflifes °^^^{;:f^'^.
before, the Charters (as was to JDeexpeded) tumbled down, and the Chief vcd to. u Par-
Juftice ordered all the Under-flieriffs and Bailiffs, to give him perfedt ^"°°[^^
Lifts of all Perfons who, upon account of Recufancy, lay under Com- ^^^^,
mitment. When he returned to London, and his great Services, which
argued no lefs Abilities to ferve the King, were difplayed, the next
Step was his being appointed to attend his Majefty at the Cabinet.
The Lord Keeper, who was but an Obferver of thefe Motions, did
imagine that fomewhat extraordinary was to come forth at the next
Meeting ; the rather becaufe, on Sunday Morning (the Meetings were
ufually on Sunday Evenings) the Duke of Tork fpoke to his Lordfhip
fo be Afjiftant to a Bufinefs which, that Eve?ting, would be mcved to his
Majejiy-y and that Morning, his Lordftiip obferved a more than ordi-
nary Shynefs in the Countenances of the great Men, whofe remark-
able Gravity fatisfied him that they were upon their Guard. But
what the Matter was, his Lordfhip did not difcover till he came to
the Cabinet ; where, after the King was come, and they were fat, my
Lord Chief Juftice Jeffries ftood up, and, with the Rolls of Recu-
fants before him, Sirl faid he, 1 have a Bujinefs to lay before your
Majejly, which I took Notice of in the Norths and which will deferi)e
your Majeftfs Royal Commiferation, It is the Cafe of numberlefs
Numbers of your good SuhjeBs that are itnprifoned for Recufancy. I
ha'-oe the Lift of them here, to juftify what I fay. They are fo many
that the great Gaols cannot hold them without their lying one upon an^
other. And then he let fly his Tropes and Figures about rotting and
ftinking in Prifons, concluding w^ith a Motion to his Majefty that he
would, by his Royal Pardon, difcharge all the Convidions for Recu-
fancy, and, thereby, reftore Liberty and Air to thefe poor Men. This
Motion, at that Time, was indeed a Swinger ; for, in confequence,
the Execution of it, by fuch a Pardon of all Convictions, had loft the
King irrecoverably, fpoiled all future Parliaments, fet up the Fanatick
Intereft, his Majefty's declared Enemies, and difabled his Friends from
appearing, with any Countenance, for him. The Language had been
now it is plain^'^^-^you would not believe us. What is Popery, if this
G g 2 ' be
^
It.
13 (J The LIFE, of the late
be ?iot? What fignify the Laivs? PVill you not expe^ fome better Se^
curity ? And the like.
The il! Cor- His Loiddiip was Hot to learn fuch Confequcnces ns thefc. But there
r-q-jencesof wns yet more, and what diredly concerned hiinfelf in the Duty of his
doil^ ^J^^^'xhe O^^ce. He could turn hlsTlioughts no way clear of Precipices, which,
Lord Keeper to him, wcrc fatal, though others made Account to Itap over them,
onlyoppofed jj rtiu^i needs occur that fuch a Pardon mulT: pafs tlie great Seal, of
which he was the Keeper, whofe Otlice it was to affix it : And altho',
in Stridtnefs, he could not difobey the King's exprels Command in
that, or any Thing elfe that might be called an Adl of Grace, nor be
rendered criminal for fo doing ; yet all the loyal Party of E?igland^
who were his fure Friends, would have expeLordn.l]>,
As this was his Lordfliip's greatefl Pleafure, fo the Sequel brought I'^^^'^^"'"^ ^^^
over him a bitter Portion of melancholy Refiedlions. For he faw im- g^ v^ro,k, but
nienfe Troubles a great Way off, and, nearer Hand, not a little of clou- hop d wdi of
dy Prognoflick at Court : For, not only the Paptfts but, vain Projec- ^^^ ^^"^'
tors of Change, and Flatterers of Power, efleeming the King's Au-
thority then fafe and inexpugnable, began a new Game by endeavour-
ing to bring the King off from the found Meafures of his faithful Mi-
nillry. His Lordfhip was the lafl that fluck firm to him, and kept
liimfelf from being tainted, with Courtfliip of the Succeflion, by any
Compliances in Matters of Religion, and undue Attempts againfl
Law. But, on the other Side, much Endeavour was ufed to get fuch
a Rock of Offence, as he was, out of the Way ; and that was a Fruit
expedled to fall from the Reform of the Cabinet, as I mention'd be-
fore, and by pufhing extravagant Things towards his Lordfliip, one
Way or other, to break him. But his Credit (as I faid) was fuch with
the King, that no Court Tricks would failen to his Prejudice; but
his Majefly fupported him, not only in Authority but, in Honour, all
his Life, and would not bear any indecent Refiedions againfl either.
And his Lordfliip had alfo the Comfort to perceive what few People,
even of the Court Projedors themfelves, difcerned ; which was that
the King grew weary of his Sunderland's, Jeffries's, and other (more
latent) Operators of the new Model; and that if his Majefly had lived
fix Months longer, probably, he had removed them ; for he found his
Affairs move untowardly, and Fadion, in frefh Hopes of a new
Game, began to be bufy, and to cafl Shceps Eyes (as they fay) towards
Eledions, in Order to corrupt the next Parliament, and, if that had
happened, it had been fcarce pofhble for the King to have held fail
the then general good Opinion which the People had of his Royal In-
tentions and Government; which being well taken Care of and pre-
ferved, had certainly procured him a good Parliament : And then, and
not otherwife, all had been well. And, accordingly, as there was a
Ncceflity of calling a Parliament foon, his Lordfliip often put his
H h 2 Majefly
i
^:
144
His Lordftilp's
l.;i
if 1
r^^ LIFE of the late
Mnjefty in Mind of that, and to have a Care that no unpopular Steps
might corrupt the next Eledlions. As to Jeffries^ he began to fmell
a Rat, and warped towards Mutiny, that he was not rewarded enough ;
as if he thought of turning into the male-content Party. Thefe are
the main Lines of his Lordfhip's Miniftry as to Politicks j which will
be verified by the juft Hiftory of King Charles II. and (if no better ap-
pear) in the Examen, together with fome particular Matters I fhall
mention in the Courfe of this Relation.
His Lordihip's Method of Living, with Refped: to his great Em-
Courfe of Life, ploy ment, was very commendable: For all his Time was devoted to
^"c ^^P^j"'^' the Bufinefs incumbent upon him. He put but very little of it to his
!n^ hU Mini- own Ufe ; and what pafTed in eafy Gonverfation, which was the chief
^'y of his Pleafures, had ilill a Regard to his Employ, by inquiring, can-
vafTing, and debating, with thofe of his Society, fuch Points as con-
cerned the Republick. He had no Kind of Vice or Immorality with-
in his Walls: And of what Sort his Remiflions were (for fome are
necefiary to Life) I (hall give a fuller Account afterwards. But it is
decent here to name the chief; which was a folitary, or, rather, fpe-
culative Ufe of Mufick; of which he commonly took a Relifli at his
coing to Bed ; for which End he had an Harpfichord at his Bed-
chamber-Door, which a Friend touched to his Voice. But he cared
not for a Set of Mafters to confort it with him. And, unlefs it were
once, under Purcel\ Condudl, I never knew him ufe fuch j for there
was fomewhat ftiff in that Way, that was not eafy. The Mornings
were, for the mofl Part, devoted to the Juftice-Seat of the Chancery^
either in the Court at Wefiminfter^ or in the Caufe-Room at home,
during the ufual Periods ; and not feldom in Attendances upon Peti-
tions, and difpatching the perpetual Emergences of the Seal. His
Houfe was kept in State and Plenty, though not fo polite as the Court
Mode was. The Nobility, and chief Gentry, coming to London^
were frequent at his Tables and, after a folemn Service of Tea in a
withdrawing-Roora,the Company ufually left him; and then the Caufe-
Room claimed him, and held him in Pain, with Caufes and Excep-
tions, often till late. He had little Time to himfelf; for he had this
Infirmity, that he could not bear to make any one wait ; but if his Ser-
vant told him of any Perfon, great or fmall, that waited without, he
could not apply to think of, or do any Thing, till he had difpatched
him. The Interval, between the Bufinefs of the Day, and going to
Bed, was his chief Refrefbment; for then his moft familiar Friends
came to him, and the Time pafled merrily enough. Aiid there it was
that the Court Spies found Accefs to plumb his moft free Sentiments;
tut with fmall Profit, for he had the fame Face and Profefiion in pub-
lick, as he had. in private.. They could difcover only that he was an
honelt
LORD KEEPER GUILFORD.
honcft Man : But more of this elfewhere. His Attendances at White-
S were, chiefly, at folemn Times; as on 5«W.>. Mornmg,
o waU on the King to Chapel. That was ufually a grand Affennby
of the Court ; and the great Men had Opportumty to fpeak m Dii-
courft to the King as he gave them Occafion. of which h.s Majefty
was no N "gard , and very excellent Things fa.d there on the one
^de and on°fhe other, were an high Regale to fuch as had the Advan-
nS to ftand within Hearing. On the Week Days, thofe. called
Council Days, always, and fometimes, Committees of Councd re-
auked his Lordship's Attendance ; and nurjday was always publ.ck :
Others for private Bufinefs upon Summons. H.s Lord(h>p managed
a^ the Council Table; though there was a Lord Prelulent, who. re-
Eularlv fliould take up that Part. But it doth not always happeri
fhat ereat Men, polled there, have the Art of examining into, and
developing intricate Matters, as are commonly brought to hearing.
When th! King was at Windfor, the Publick Council was commonly
Tu., mmMon-Court ; which was for the Eafe of Attendance. His
Kfd^if h7d a\odgtg. both at WMtehall and Ha.pton.Ccun to
retire to^pon thefe Occafions. The Cabinet Council ufual.y fat on
Sunday Evening ; and when the Court was at mndjor that was al-
ways a travellinl Day, and a Lodging was provided for h>s Lordfhip m
Te Dean's Houfe. His Lord(hip was neceflitated to be a Courtier,
llthouehhe had no Step of a Court, nor delighted at all in fuch an
Affemblage of Eyes and Ears, always open to Caption. He never flat-
fe ed any Man ; unlefs giving no Offence, which he extended even to
his Enemies may be accounted Flattery. He liked neither the Beg.n-
n L nTEn'd of I Fray, while it was fuch. And this made the great
Tics of the Circle agree he might be a good Lawyer, but they were
fure he was no Courtier. He lifted in no Party or Intereft but the King s;
and neither had nor cared for Friends who were Enem.es to his Ma-
Slv and his Government. And, on that Side only he lay open ;
•for it was poffible, and many did come near to a Confidence with
him by pretending great Services in an orthodox Way to h.s Maje-
ft ; • thoiU at the fame Time Enemies to both. I could name fome,
bat'for Refpea to their Arties (which are miKh more worthy than ever
?heir Perfons were) 1 forbear them. If there was any Incident, upon
which his Lord(hip thought fit to take the K.ng s Pleafure from h.s
Twn Mouth, or if he had any Thing to acquaint his Majefty with,
tTat required Privacy, his Lordfhip's Way was to go to Court ex-
orefs and choofe the fitteft Times, when he thought the K.ng would
be leaft engaged, that he might have more ample D.lcourie. And,
commonly: he ^ent direftly to the Bedchamber, and tliere fat h.m
down There was always,, in tb.-it Part of the Court, Attendants who-
MS
J
ij^6 The LIFE of the hte
ilraight iound where the King was, and told him my Lord Keeper
was there, and the King, knowing he had fomewhat to fay to him,
never failed to come to him, and that without any Delay. Which I
have heard his Lordlliip fpeak of as a very gracious Relpcd towards
him; enough to have obliged him, if poflible, more to his Service.
King Charles was one that pafTed much of his Time in difcourfine,
and ufed to do it freely with his Lordfliip, when alone together ; by
which his Lordfliip picked up fome Fragments of Hiftory, many of
which are inferted in the Examcn ; and fomewhat of King Jama
too, but not (o mucli. This is the fliort Account of his Lordrtiip's
Courfe of Life, with Refpedt to his great Office and Miniftry, tliat I
am capable to give. And I think I have not cantoned much from
the Places intended exprefs for Particularities of this Nature. So I
proceed to fuch Affairs as more efpecially concerned his Lordfhip.
Lor6 Jejfries ^^ was touchcd bcforc that the Lord Chief Juftice Jeffries was
f.ts up to op- brought forwards, and buoyed up by the adverfe Party of the Court, on
Sii^^ firft^^^ purpofe to ruffle my Lord Keeper, and, by fuch Ways and Means as
when heding- they might lay hold of or invent, to have him out : In order to which,
field V7ii made AfFrouts, Difappointmcnts, falfe Stories, and Calumnies were, for fuch
a Ju ge- Attacks, a choice Artillery. And, that Point being once gained, it was
prefumed that the Lord Chief Juftice Jeffries, one ready to do all that
was required of him, {hould fucceed. Among other Opportunities of
this Kind, fome related to the Law, in the Appointments of Judges
into Vacancies ; and, in thofe Affairs, of common courfe, the Lord
Keeper is confulted, and hath the Nomination to the King, of fit Per-
fons to be trufted as Judges. There was one Serjeant Bedingjield, a
grave, but rather heavy. Lawyer; but a good Churchman, and loyal
by Principle. His Lordfhip had caft his Eye upon him, and intended
to nominate him to the King, for fupplying a Place in one of the
Benches then vacant, but thought fit firft to fpeak with him. Being
fent for, he came, and was told what was deligned for him. He was
exceeding grateful in Acknowledgments of fo great a Favour and Ho-
nour done him by his Lordfhip, in thinking of him without his feek-
ing ; and faid he fliould ever own his Preferment, as long as he lived,
to his Lordfhip, and to no other Perfon whatever. All which was
well. This Serjeant had a Brother, a Woollen-draper in London, who
was a Creature and Companion of the Lord Jeffries, That Chief, un-
derftanding fome Way that his Friend's Brother was to be a Judge by
the Lord Keeper's Means, fent for the Draper, and told him plainly,
that, if his Brother would not take the Judge's Place as of his Provi-
fion and Intereil, and not my Lord Keeper's ; or if he fo much as went
to the Lord Keeper, on fuch an Account, he would oppofe him, and
he fhould not be a Judge at all. After this, the poor Serjeant, agai ift
his
LORD KEEPER GUILFORD.
247
his Defire, was forced to conform ; his Spirits w^ere net formed for
the Heroicks, and, accordingly, fo facrifice the Intereft of himfelf and
his Brother to Gratitude. His Lordfhip, finding how the Wind fat,
difpenfed with the Man's Infirmity, although he never came at him ;
and fo, by common Confent, he was made a Judge. In this Inftance
we may difcern the Extremes of impertinent Arrogance, and true
Worth.
Another Inftance, of the like Impertinence, was aded ^^^ ^^^ ^^- ^^^J^f^' J^^^i,.
king Sir Robert Wright a Judge. He was of a good Family, fettled in'glerjeTnt
near Thetford in Suffolk, and, when he was young, he married one of Wrightz]ud^
the Daughters of Dr. JVren Bifhop of Ely, He came up, in his Pra- L^o^j^n^ip's'
dlice, together with his Lordfhip ; and they went the Norjolk Circuit judgment, and
together. JVright had more Bufinefs, for many Circuits, than his ^^^^ Soi^^^
Lordfliip had. He was a comely Perfon, airy and flourifliing, both in
his Habits and Way of Living ; and his Relation IVren (being a power-
ful Man in thofe Parts) fet him in Credit in the Country : But, with-
al, he was fo poor a Lawyer, that he could not give an Opinion on a
written Cafe, but ufed to bring fuch Cafes, as came to him, to his
Friend Mr. North, and he wrote the Opinion on a Paper, and the
Lawyer copied it, and figned under the Cafe, as if it had been his own.
It run fo low with him that, when Mr. North was at London, he fent
up his Cafes to him, and hid Opinions returned by the Poft ; and, in
the mean time, he put off his Clients upon pretence of taking more
ferious Confideration. One cannot conceive that this Man could get
much by the Law, nor did he ; but, by Favour, he was made Trea-
furer to the Cheft at Chatham, and, by his voluptuous, unthinking
courfe of Life, he run in Debt, and ufed frequently to eafe himfelf upon
his Friend North, by borrowing Money at Times. The Debt, at
length, grew fo confiderable, that his Lordfliip thought fit to pay off
his other Debts, and take in the Mortgage of his Eftate, which he held
charged with 1500/. Afterwards, and not many Years before he put
in for a Judge's Place, he borrowed of Sir IValter Plummer 500/. upon
an orio^inal Mortgage of the fame Eftate, and made an Affidavit that
it was clear from all Incumbrances. Which Affidavit Sir Walter Fliun-
mer afterwards brought to his Lordfliip, even while the Mortgage was
in his Hands ; which amafed him ; but he took his Money and affign-
ed to Sir Walter Plurnmer, One would think that this was a compe-
tent Knowledge of that Man's Charadcr. But he, being upon the
Brink of utter Ruin, applied to Jeffries to refcue him, by getting him
made a Judge. When the Time came, and his Lordihip was with the
King, confulting about a fit Perfon, the King fliid, My Lord, what
think ycu of Serjeant Wright ? Why may not he be the Man ? His Lord-
fliip anfwered that he knew him but too laclly and ivasjatisjied he 'was
the
248 7'/&5' LIFE of the late
the mojl tinft Per/on in England to be made a Judge. Theti, faid the
King, it mufi not be ; and ib it went oft at that Time. But Wright
Hill, by his Friend Jeffries, puftied his Point ; and, in the Interim,
worked all he could, by mod importunate Applications, and bitter
Tears, (but for no other Reafon than that, if he failed now, he was ut-
terly ruined) to gain his Lordfhip to yield that he might be a Judge:
But to no Purpofe ; his Lordfhip was inflexible: And though he wilh-
ed the poor Man well, upon Account of old Acquaintance, he would
not gratify him at the Coll of his own Breach of Duty, or rather, in
that Refpe<5l, Perjury. The King took his Time, more than once, to
fpeak again to his Lord Keeper, faying, as before. Why may »e>/ Wright
Se a Judge ? And, at laft, is it impoffible my Lord'^ His Lordfliip, fee-
ing the King s Pangs, (for it was plain that this Man, by the fecret
Court Clan, was determined to be preferred^ for he was a Creature of
Jeffries, and a Tool that would do any Thing ; and they wanted only
the Formality of my Lord Keeper's Concurrence, to whom the King
pofitively would have a due Refpea paid) took the Freedom to fay
that the making a Judge was his Majefty's Pleafure, and not his choice;
that he was bound to put the Seal as he commanded, whatever the
Perfon was; for, of that, his Majefty was to judge, and finally deter-
mine. He could but do his Duty by informing his Majefty of what
he knew to be true ; and particularly of this Man, whom he perfo-
nally knew to be a Dunce, and no Lawyer ; not worth a Groat, ha-
ving fpent his Eftate by debauched Living; of no Truth, nor Honefty,
but guilty of wilful Perjury to gain the borrowing a Sum of Money :
and then he opened more at large the Matter of the Affidavit, ^d
now, faid the Lord Keeper, 1 have done my Duty to your Majefty,
and am ready to obey your Majejiys Comma?ids in Cafe it be your Plea-
Jure that thi^ Manfiall be a Judge. My Lord, faid the King, I thank
you ', and went away ; and, foon after, the Warrant came, and he was
inftated.
Here viras, .underhand, a Court Experiment made whether of the
w
LORD KEEPER GUILFORD.
249
A vain Tri-
;*
'!'■'
V^"*'
umphofthc ^^Q Yizdi the greater Power with the King ; the Lord Keeper, or the
T^aatfw Lord Chief Juftice. There wasalfo the Vanity of the latter, of which
jLInU'. I fliall give Demonftration. But. his Lordfliip was above making
^''^' Contefts of that Nature. If he had took Pet, and made a publick
Feud, as moft of his Enemies expedted, and alfo that he would not
have endured that the Chief Jufti.eaiould tread on his Heels at that
Rate, he might have flown high in Expoftulations, and made fome-
what crack, before fuch Time as the King (whofe Judgment of Men
was great) would have parted with the beft Minifter in the Lav/ that
the Nation aflbrded, not knowing where to get another fo faithful,
^s well as able, and willing, truly to ferve him. But, as I faid, hh
Lord-
Lordflilp was above perfonal Competitions, and fatisfied himfelf in
having done his Duty, with which, the making flagrant Difputes at
Court, and embroiling the King's Affairs, did little confift ; and fome
Grandee alfo lay behind the Curtain, of whofe Concern his Lordfliip
was tender. But now, to fliew the Efi^cds of upftart Court Vanity, I
mufl: here fubjoin a Paflage aded in Wejiminjler-Hall. It is the Cu-
ftom of the Chief Jufl:ice, and his Brethren of the King's Bench, in
the Morning, to robe thcmfelves at a Bar below in the Hall, before
they go up to the Court. This is called the Side Bar ; and there they
hear the Attornies wrangle about Matters of Pradlice. It ftands juft
before the Chancery Court, and in full View of the Lord Keeper, as
he fits upon the Bench ; and the Chancery ufeth to fit long before the
Judges of the King's Befich come to the Hall. After this Point, of
Wrighfs being a Judge or no, was determined at Whitehall, as I re-
lated, the Lord Chief Jultice, at his fide Bar, feeing Serjeant Wright
walking in the Hall, extended his Arm, and beckoned him ; and
flraight, with all the Humility and crouching imaginable, the Ser-
jeant haft:ed to him. And then the chief Juftice only leaned over the
Bar, and compafled the Serjeant's Shoulders in his Arms, and, after a
Whifper in his Ear, flung him off from him, holding out his Arm?,
fome fliort Time, in that Pofture. This was a publick Declaration
that, infpite of that Man above there, Wright fliould be a Judge.
His Lordfliip faw all this, as it was intended he ftiould, and it caufed
him fome Melancholy ; though not at all as concerning himfelf,
or the Vanity of the Chief Juftice; but for the Nature of the Affair,
and the Manner of its Proceeding ; which he forefaw would have
worfe Turns, if fo done, as was like to be, in other Affairs of larger
Denominations.
I know that many will be apt to inquire how I came to know, fo Apology for
particularly, thefe Court-Dialogues, tete atete, between the King and Jl^^^g^^^'"^'^*^'
his Minifter. I can readily Anfwer, by means lawful enough ; as alfo
for more, of like Nature, in the courfe of this Relation : And thofe,
who obferved my courfe of Life and Converfation, could make no
doubt by what means. Some may alfo alledge that I bring forward
Circumftances too minute, the greater Part of which might be drop-
ped, and the Relation be more material, and, being lefs incumbered,
eafier underftood and retained. I grant much of that to be true; but '^
I fancy myfelf a Pidlure- Drawer, and aiming to give the fame Image
to a Spedator, as I have of the Thing itfelf which I deflre fliould here
be reprefented. As, for inftance, a Tree, in the Pidure whereof, the
Leaves, and minor Branches, are very fmall and confufed, and give
the Artift more pain to defcribe, than the folid Trunk and greater
Branches. But, if thefe fmall Things were left out, it would make
I i but
lyo
The LIFE of the late
but a forry PIdlure of a Tree. Hiftory is, as it were, the Pourtrait,
or Lineament, and not a bare Index or Catalogue of Tilings done j and,
without the How and the Why, all Hiftory is jejune and unprofi-
I table.
An indecent There was an odd Faffage at the Council-Board, which, for its
iv.hiviouroF Affinity to what is pafled, Ihall be fupcradded. The Juftices of the
chV^Mrc Peace, about Stepney and V/apping, had great Differences one with
7./r;>;. ' ' another, which embroiled the very Scffions, and hindered the Proceed-
ing of the ordinary Bufincfs of that Court. One Smith headed one
Party, and one Baily another. Thefc two ufed always to fall foul on
one another, in Publick, with injurious Rcfleaions : And the Mat-
ter run fo high, between them two, that it came before the King, and
there was an Hearing before the Council. His Lordfliip faw no Rea-
fon why the King (hould be troubled with fuch Squabbles j but if
either had received Injury, he might right himfelf by the common
courfe of Law. The Lord Chief Juftice, it feems, had taken the Pa-
tronage of one of the Parties, I think it was Smith ; and, being flam-
ing drunk, came up to the other End of the Board, and (as in that
Condition, his way was) fell to talking and ftaring like a Madman,
and, at length, bitterly inveighed againft Trimmers, and told the King
that he had Trimmers in his Court, and he would never beeafy fo long
as the Trimmers were there. When he had done, the Lord Keeper,
knowing thefe Darts were intended towards him, ftood up and faid
only, *' that he did not apprehend there was fo much Concern in this
«* Bufmefs; and my Loid Chief Juftice appearing fo well informed of
«» it, he moved that his Majefty would refer the whole to be examin-
<« ed into by his Lordfhip, and that the Parties attend him ; and then
« his Lordfhip making a Report of the whole Controverfy to his Ma-
*» jefty in Council, he might thereupon order as he fliould think fit."
The Parties being thus referred to the Chief Juflice, the Scandal con-
tinued ; but, in the End, it was fo ordered that Baily (as I take it) was
undone. I fuppofc I need not here ufe many Words to interpret the
Word trimmer, which was taken up to fubdivide the Tory Party, of
whom all (however loyal, and of the eftabliffied Church profeiTcd)
that did not go into all the Lengths of the new high flown Party at
Court, were lo termed. I can place under this Paffage no better Co-
rollary than that all Times have their Crifis in Authority j and no \w^
decencies are fo great, but feme will bear them.
His Lordfhip His Lordfliip always declined giving any Opinion in that Branch
declined join, of royal Oeconomy, call'd Foreign Afairs, He could not avoid be-
in|r inCoun- -^^^ -^ the Way of the ordinary Deliberations of that Kind, by Reafon
Afcu/s. " of^'his Attendance on the ufual Councils. And althouG^h he was, for
the mod Part, at the Committees of the piivy Council, as for Trade
and
ij'
LORD KEEPER GUILFORD.
and Plantations, ^c. which might be call'd Englijl: Bufinefs, he never
cared to attend at the Committee for foreign Affairs. He profeffcd
himfelf, for Want of a fit Education, and Study, incompetent to judge
at all of thofe Matters. I liave heard him fay that, of all the Sub-
je(fls, that he had ever come in the Way of, to hear debated, he could
leafl: bring himfelf into a fatisfadtory Refolution concerning foreign
Affairs, even when he was prefent at Councils of that Sort; and then
no Wonder he declined giving any Judgment thereupon. But yet he
hath often ventured fo far, among his Friends, as to declare that he
thought King Charles IL undcrffood foreign Affairs better than all his
Councils and Counfellors put together ; for, by Reafon of his unhappy
Exile and Travels, he had either a perfonal Acquaintance with mofl
eminent Statefmen in Europe^ or elfe, from fuch as could inftrudt, re-
ceived their Charaders, on whom the Crifis of moft Courts depended.
And this Knowledge he perpetually improved by converfing with Fo-
reigners, as they came over. Men of Quality, and Embaffadors, whom
he would fift, as being a good Judge of their Veracity, and ferve him-
felf, one Way or other, of their Converfation, and poffibly drunk as
well as fober. And, when they thought to fift him, who, to give
him his Due, was but too open, he fail'd not to make his beft: of
them. It was his Lordfliip's Fortune to clear the Doubt of a TurkiJlD
War, contrary to the Opinion of all the Foreign Minifters, by the
Means of his Brother Sir Dudley North, whom, for that End, he
caufed to attend the King in Council : But this Paffage hath been ac-
counted for in the Examen. I might touch here upon an unhappy
Difference that fell out between the Earl of HallifaXy and the Lord
Rochefter, about the Bargain made with the Farmers of the Excife,
which Quarrel his Lordfl::ip had fome fmall Share in; but as Sir Dud-
ley was the chief Adlor therein, I fliall leave it to its proper Place in
that Gentleman's Life.
His Lordfhip took Notice that the King, having had fome aguiffi The King bc-
Attacks at Windfor, appeared to be more confiderative, and grew more aJi'^i"]^'^^
fenfible of the Niceties of State Government, than he had been before, Buiintfsthan
efpecially relating to the Treafury. He found that to be his Sheet An- ^«»maly.
chor ; for the Parliament would not always be in a giving Humour ;
and thelefs, if he could not fubfift without their Help; for that ani-
mated his Enemies, by giving Hopes that his Necellities would, at
length, reduce him to the State of Carte Blanche, He ufed to be often
prefent at the Treafury, and faw the Efl:imates and Difpofitions of his
Minifters in that Oflice, and what Hands were capable to fupply what
he had ferioufly in his Mind to perform ; and particularly the providing
for his natural Children, and building the new Houfe at Winchejler^
which he thought to be a better Air than IFindfor, And Reafon good ;
I i 2 for
25 i TT^e LIFE of the late
f6r the latter ftands on a fharp Cliff refpedting the Norths where all
the Air of the Valley, from that Quarter, pinches upon the Caftle, as
Water, entering at the great End of an hunting Horn, pafTeth through,
at the lefTer End, with much more Violence and Swiftnefs. His Ma-
iefty was very much concerned and impatient to have this new Building
finifh'd, faying, A Tear was a great T^ime in his Life, And fo truly
it proved ; and the more unhappy, becaufe now he was pafl the Gaie-
ties and Pleafures to which he had been furioufly addidled, and which
had almoft difabled him as to Government. Such fupine Errors and
Negledls had he been guilty of; and without a fmgular Penetration,
and good Judgment of Men and Things, which he was egregioufly
Mailer of, and, at fit Times, exerted, he had been, as his Father was,
loft. Nay, probably, if his Father's Example had not been flagrant
before his Eyes, and if, of the two, it had been his Chance to have
been the earlier Subjedt of the factious Pradice, and thereby, as his
Father was, furprifed into a fond Way of trufting Perfons, in all Pro-
bability, his Majefty had not efcaped fo well as he did. But now he
was fo timely inftrudted, and alfo, by Experience, capacitated, and,
withal, very good natured, and beloved, that, had he lived long, his
Reign had been the moft happy and glorious that the Englifo Hifto-
ries could boaft of. And whereas fome of our barbarous Writers call
this awaking of the King's Genius to a Sedulity in his Affairs, a grow-
ing cruel, becaufe fome fuffer'd for notorious Treafons, I muft inter-
pret their Meaning ; which is a Diftafte, becaufe his Majefty was not
pleafed to be undone as his Father was ; and, accordingly, fince they
failed to wound his Perfon and Authority, they fell to wounding his
Honour. But more of this in the Examen.
The King's I am now come to that moft funeft Alteration of Affiiirs, by the King's
Sicknefs, De- Sickncfs and Death; of which I fliall mention only what took in his
Rcfo'?o/'i^l LordOiip and his Miniftry, leaving theHiftory, more at large, to the
being poi- Exameti, The Attack was at the Levee, when the Koom was full,
^^^^' and Phyficians in waiting ; and then the King fell back in his Chair;
with fome Exclamation, as one that dies fuddcniy. T!ie Phyfichin
ftraight blooded him in the Arm, and he recovered a little i..ite and
Senfe, and fo was convey'd to his Bed, where he languidi'd obout a
Week, and then expired. The privy Council fat almoft continually
in the next Room, and the Pnyficians pafted to and fro, as Occafiv"/n
required, to give them Satisfadtion of the King's Cafe, and their Me-
thods. His Lordihip never came from the Council but in a profound
Melanch'>ly ; for, from the Beginning, he fav/ no Hopes of his Life to
continue long. He told us that, obfcrving the Difcourfe of the Dodors
to run all upon Indefinites, what they obferved, their Metliod intended,
and Succcfs hoped, and the like. He faid to them, "That thtfe
Mattsri
LORD KEEPER GUILFORD.
2JJ
I
Matters were little Satisfa5iion to the Council, unlefs they would de^
dare in the main, what they judged of the King s Cafe \ whether his
Majefty was like to recover, or not. But they would never be brought to
that; all lay in Hopes. But one Day they came into the Council, and
had fuch chearful Countenances, that their Lordfliips thought fome
good News was at Hand. The Bufinefs was to acquaint their Lord-
ftiips that now, all was like to be well, for the King had a Fever.
At this hisLordfliip ftarted, 2iXidi Gentlemen, faid he, what do you mean^
Can any khing he worfe? One anfwer'd that ?iow they knew what to
do. And what is that? replied his Lordfhip. The Dodor faid, To
give him the Cortex, And fo they proceeded whilft Life lafted. I am
not to enter into all the fatal Circumftances, and libellous Reports ven-
tilated abroad upon this difmal Incident: But fliall touch one, which
was, that the King's Sicknefs was the Effed: of Poifon, to make Way
for the Succefilon. There are many Reafons, againft this, to be found-
in the Examen ; and therefore ftiall mention here only what I^ obferved
of his Lordftiip, which weighs with me as much as any Thing ; and
that is his Lordftiip's never fufpeding, or mentioning fuch a Thing; as
he would have done, had there been Reafon. And if any Perfon a-
bout the King, on the Proteftant Side, had, in the leaft, fufpeded fuch
foul Play, his Lordftiip would have had an Intimation of it; which
I believe he never had ; nor did it enter into his Thoughts, no more
than it appear'd in his Difcourfe. But, with the Death of this good
Mafter and Sovereign, all his Lordfhip's Joys and Hopes perifti'dj.
and the reft of his Life,^ which lafted not loiig after, was but a flow
dying.'
It pleafed God that the Temper of the Nation was, at this Time, fo The State quii-
univerfally fettled in Loyalty (faving only the very Dregs of a malevo- f^'j/^"j'^,^^
lent Party) that there was no Apprehenfion of any Diforder, either of King
during the King's Sicknefs, or after his Demife ; but, on the contrary, 7^'^^^^^ ^^
almoft every living Soul cried before, and at, his Deceafe, as for the J^"'* ^^^"
Lofs of the beft Friend in the World, The Remembrance of which,
other Notices apart, m«kes it wonderful to me, that have lived into
fucceeding Times, to hear this good King's Reign referred to as a
Touch-ftone of Tyranny. But no more of that. The next Work
was for the Council, and great Men in and about London, to meet and
order the Proclamation of the Succeflbr King James II. which was
done the fame Day; and then, all the great Oflicers waited upon his
Majefty, and render'd their feveral Oflices and Charges into his Ma-
jefty's Hands, aiid he return'd them back to them again. After this,.,
the Proclamation iflued to continue all Country Commillions, and Auf-
thorities whatfoever, till farther Orders fliould be taken ; and fo,. iji a^
few Hours,, the Government waa upon Wlieels again,, without any
Concufljoni
25+ tloe LIFE of the hie
Concullion at all ; which fucceedcd according to the known Law of
the Englijh Monarchy, 1^/2;. that the King never dies ; whereof the
Virtue may be fenfjhle to thofe who have felt a Republlck. I remem-
ber his Lordfliip told us that a great Man of the new Court, in a ban-
tering Way, attacked him; 2.x\^lVhat is the Reajhn^ fill d he, that you
Lawyers fay the King never dies, and ive are now confidering how to
order the Kings FimeraH His Lordfliip anfwer'd quick that, by Law,
it was not the Death, but Demife of the King. Which, by the Way,
was a Law Banter back upon him j and fo Fools are often anfwer'd in
their Folly. How neceffary it is for a Courtier to be expert at Re-
partee, I may (hew by one Inftance. After this Demife of the King,
and the Duke's Acceflion to the Throne, the Lord Rochefier bore the
greatefb Sway in the Court and Treafury. His Lordfliip and that Lord
were once confulting about Meafures to be taken in preferring Men to
Places of Trufl: and Management in Offices under the Crown: And
his Lordfliip was for taking in thofe who had been bred in the Buli-
nefs, and had gone through the fervile Part of the Offices, and were
gradually come up to the Station of direding others, as moft like to
Srve profitably ; for none could underftand the Bufinefs better than
they. The Lord Rochefier was for preferring Ivories and High Fliers^
whom he call'd the Kings Friends, for Encouragement of others ; and
G — ds W ds, my Lord, faid he, do you not think I could under-
fiafid any Bufinefs in England /;/ a Month ? Tes, my Lord, anfwer'd
the Lord Keeper, but I believe you would underjiand it much better
in two Months -, which made a full Clofe of the Argument.
TheDifficuI- After this happy Inauguration of the Government, the firfl great
ties about col- Matter, that came forward to be wifely determined by his Majefly's
Life Rcv^i! Council and Miniflry, was to fettle the Colleaion of the Tonnage and
Poundage, and other Duties given by Parliament only for the Life
of King Charles IL and by his Demife, in all legal Senfe, determined:
About which, the Difficulties feemed almofl: infuperable. The valu-
able Merchants of London came to the Commiffioners of the Cuftoms,
and entreated of them that the Cufloms might be gathered as former-
ly. Otherwife we, faid they, that have great Stocks in our Ware--
houfes, for which we have paid Cujlom, are undone -, for the unfair
'Traders, and Runners, andfuch as come in before the Duties are re-
charged, will underfill us, as they well may^ paying no Cujiom, There
is no Doubt but the Parliament will give the Cuftoms for the whole
Time ; and why Jhould they not be collected in the mean Time ? The
Commiffioners were careful not to do a Thing, however reafonable,
fo obnoxious as that was ; for the levying Money of the Subjed:, with-
out any Law to warrant it, was a Cafe utterly defencelefs in Parlia-
ment ; and they would not ftand in the Gap to be buffetted, in Cafe
any
Dues.
h
LORD KEEPER GUILFORD.
any Members fliould flir up a Charge upon them for fo doing. There-
fore, defigning to difcngage the Thorn, and fix it in the Foot of their
Superiors, they attended the Treafury in a Body, and made a Repre-
fentation of the Requefl; of the Citifens, their Reafons, and the un-
doubted ill Confequences to the King and People, .if the Revenue of
the Cufl:oms was not colle(fted, and prayed their Lordfliip's Diredions
how they fliould behave themfelves in the Matter. There fat Lord
Godolphin, Sir Dudley North, and other judicious Perfons Commiffio-
ners. They faw the Intent of thefe Gentlemen, which was to fcreen
themfelves by their Order j wherefore, calling them in, they told them
that they were his Majefly's Commiffioners for colledling the Cufloms,
and had all the Laws, touching the Revenue, before them ; which
Laws they would do well to perufe carefully, and govern themfelves
accordingly ; and that was all the Anfwer they could give them. This
was cold Comfort ; but foon after, the Bufinefs preffing, the King laid it
before the Council, and demanded their Advice what would be the
befl: Method for managing this Affiiir. The Lord Chief Juftice Jef-
fries moved that his Majefliy fliould caufe his Royal Proclamation to
iflue, commanding all Officers to colled:, and the Subjeds to pay the
Revenue, as formerly. My Lord Keeper North was not of Opinion
that to iflue fuch a Proclamation, at this Time, would be for the
King's Service; becaufe it would have the worfl: Turn that fuch an
Afl^air could take; that is giving a dired Handle to his Majefly's Ene-
mies to fiy, that hisMajefty, at the very Entrance upon his Government,
levied Money of the Subjed witho st Ad of Parliament. There was
no Doubt but the Parliament would renew the Ad as full as before;
and, if the Colledion might be carried on without fnch Mifconfl:ruc-
tion, it were better. Therefore he propofed that the Pioclamation
fl]ould require the Duties to be colleded, and paid into the Exchequer^
and that the Officers of the Exchequer fliould keep the Produd, re-
turned, fafe, and apart from other Revenues, until the next Seffion
of Parliament, in Order to be difpofed of according as his Majefly,
and the two Houfes, fliould think fit. One would have believed this
Expedient plaufible enough, and calculated to obviate the ill \J{q a re-
pullulefcent Fadion might make, if the other Way was taken. But, it
feems, this was too low and trimming for the State of the Court at
that Time, and a pofilive Proclamation ifiued. The Temper of the
Public was, then^ lo propitious to the Crown, that almofl: any Thino'
would be born with, which, in other Times, would have railed a Flame.
All which was owing to the Recovery in the Predece.^or's Times, which,
as a Force miprefied. carried the Hjmour deep into the next Reign ;
though tlie moving Cauie was, in great Mcafure, lofl out of Men's
Minds. Thus was the grand Revenue, by Law precarious, put into
a
2yj
The Pjrlia-
ment fum-
moncd and
met. His
1^6 71)6 LIFE of the late
a Way of being colleded, and anfwered, by Virtue of a dire£l:
Proclamation.
The next great Incident was the fummoning a Parliament ; and,
accordingly, Writs iffLied returnable Feb. 1684-5. All People interefted
themfelves, one Way or other, to procure or difappoint, Eledions:
Lordn.ipprc- And the Court was not idle; his Lord(hip got as many of his Friends
P^'"f^ o^^'^^'^ ^"^ Relations to be chofen as he could ; in which, befides his own In-
ing, bur not flucHces, he had the Nomination to fome of the King's Boroughs.
permitted. Thofc, who Came in by his Recommendation, were, for the moil
Part, Gentlemen of Honour and Eftates, as well as Credit, in their
Countries ; fuch as Sir Henry North, and Sir George Winieve in Suffolk ;
Mr. Robert Foley, and others I might name, whofe Memories are re-
fpeded, in their Countries, at this very Day. And, to make the At-
tendance eafy to thefe Gendemen, whofe Concerns were in the Coun-
try, he took diverfe of them to rack and Manger in his Family,
v/here they were entertained while the Parliament fat. His Lordfliip's
Defign was to have the Parliament truly Church of England Prote^
fiants, and loyal to the Crown ; which Charader he thought apteft
to eftablifh the Religion and Laws of the Kingdom, and to refift all
Attempts of altering any of our Fundamentals in Church and State.
And he was not happy in not feeing it diflblved ; for he died before that
happened. It may be his Wifdom and Forefight might have prevented
that fatal Stroke, But that was not to be accounted the only State
Error which his Death made Way for ; fmce it is well known how
precipitoufly they flowed in one after another, as foon as he was gone.
How far his Lordfhip concerned himfelf to keep the King in a Way
of ufing Parliaments, and for the preferving this, with his Reafons,
will be (hewn in a proper Place. His Principles and Refolutions,
firm to the national Eflablifhment, were fo well known at Court, that
he was not trufted in any important Step that was made. He confi-
dered well, that, at the Meeting of this Parliament, it was his Office,
and had been formerly the Ufage of the Great Seal, to declare at
large the Caufe of calling, and the King's Pleafure to the Parliament;
and he had framed a Speech * to be made at the Opening, and calcu-
lated
♦ For the entire Juftification of his Lordfliip, and In Order to demonflrate the Sincerity arid
Uprighrncfs ot his Intentions, I have thought fit to fubjoin the Speech itfelf, as it was found a-
•mong his Papers. It is as follows,
A Speech prepared for opening the Parliament i Jac II. in Cafe the King had commanded
it, and had not taken the whole upon himfelf.
My Lords and Gentlemen,
The Caufes of fummoning every Parliament, cxprefll-d in his Majcfty's Writs, are certain. The
Writs, by which you arc called to attend his Majcfty for the holding this Parliament, cxpreQ
the
LORD KEEPER GUILFORD.
litcd it to the happy Genius of the AfTembly, as he underflood it,
tending all to a Coiuinuation of Settlement of Peace, and Refiiiance
of L.novation. In which Speech he had employed more of Oratory
than
th* Ciufj of Summons in the ufuil Manner for certain weighty and urgent Affairs concerning the
Kir.g an! th ■ State, nnd the Defence of his Kingdom and the Chu'ch of England. ^
If it any Time there anfe wci_:^hiy Aftairs, and if at any Time they are u gent, it is afcthe En-
tranc.' <;f a ICing upon his Government. For that is the Tim- upon which both King and Peo-
ple make a Judgment ot their Condition. If the Beginnings prove aufpicious, they give Aflur-
aixc of a fert-n-* and happy Reign.
It hath pKafed Ahnighiy God hitherto to blcfs his Majcfty with Profperity. His AccelTion
to the Throne was calm nnd peaceable, notwiihftanding all the former Ihreats of Facflion ; and
the People have, not only fabinitted to him according 'to their Duty bur, with great Zeal given
early Demonftation of their AfTedion, by w.ntirg upon him from all Parts, with Addrefles
and Congratulations; and none have d ■pjrtei wiaiour entire Satisfaftion by thofe gracious Ex-
prclTions of his Goodncfs, which his Majelly wa^ plcafcd to make rhcm.
The Coronation was fol^mnifed with an univeifJ Joy and Accini-n^fion, and had the mofl nu-
merous and fplendid Attendance of the Nobiity that any Age hath fecn.
Nohing can equal the Luft.-e of it but the folemniliig of this Day, when it is truly faid the
King is Hated moft hi;^h in his Eilate Royal, being attended by his three Ellate^ whofe Advice
and AlTiftance makes him the grcateft Piince m Europe . ^^ •
And this Djy is no lefs aufpicious by the Appearance of fo many Perfons of eminent and con-
ftant Loyalty, v/ho have, in all Times of Difficulty, given abundant Tcftimony that they can never
fail the Se.vicc of the Crown.
Miy the good Omens be continued to his Ma;e{ly, not only in this hippy Meeting between him
and his People but, through the whole Courfe of his Reign, to make him the grcateft and happieft
of Princes.
If we look back a few Years, and confuler to what Diftrefs the Crown was brought by the
Power and Inftucnce of F.dfion, which was grown to that formidable Height that it had almoft
taken Pofleffion of the Government, had overfpread the Kingdom, and by its falfe Arts, and the
Adivity of its EmiHaries, prevailed, not only in the Choice of Magiilrates but, to bring 'the mod
violent of their Party into the Houlc of Commons, whereby to render Parliaments, the nioft firm
and powerful Support of the Crown, ufeiels.
It was hard y fafe to fpcak in Defence of the King whilft Treafon was talked in the Streets
and the faft on openly provided Arms, and every Day threatened Rebellion. *
1 fiy, when we look back upon the dark Face of thofe Times, and confider the Chancre that
h;ith been wrought in thefe icw Years, we mull attribute the Felicities of this Day to the'Vovi-
denceof God Almighty who iliileth the Raging of the Sea, and changeth the Hearts of Men. *'
It muft be acknowledged to be his Doing, for it is marvellous in our Eyes.
It is he, and he only, that could bring fuch a fudden Confufion and Defertion upon the Kind's
Enemies by his iignal Providence in difcovering their infernal Dcligns of Afifallination, Maflkres
and Rebellion ; whereby all good Men were brought to an utter Deteflation and Abhorrence of
them.
When we were newly delivered from this Danger, it pleafed God to dcjeft us hya more fad
Calamity, in the fudden Sicknefs and Death ot our late gracious Sovereign, under whofe merciful
Reign we had lived in a moft happy Condition, and upon whofe Life our Peace feemed to depend
the Faftion having openly threaten d to fly to Arms againft his rightful Heir. '
But it p'eafed God qui:k!y to difpel our Grief, and to raife our drooping Spirits, by (hewing us
the fame Excellencies, the fame princely Virtues in our moll gracious Sovereign, and all the Alfa-
rance our Hearts could defireot an happy Government.
And at the fime Time to difpirit the King's Enemies, who had malicioufly rcprefented the
Profped of his Reign in the moft odious Manner they could devife, as a Scene of Cruelty and aU
the Eviis imagmable, fo that they favv it in vain to take up their former Pretences of being Patriots
they thought Jt more fafe to lie hid, knowing themfelves odious to the People whom they had
fo abufed by their abominable Lies in traducing the bell of Piinccs.
257
}
K k
Thei;'
ij8 T%e LIFE of the late
than I ever faw in any Thing he had, on any other Occafion, per-
formed. He (liewed us this Speech, being what he was minded to
fay; but withal, declared he would not utter a Syllable, of which he
had not the King's Allowance at the Cabinet Council. But the Po-
Their Difappointment, their Difgrace, their Confufion, will be no fmall Part of their Punifla-
menti agd may they go on daily from one Degree of Defpair to another. Let them bu^ft with
Envy to fee this happy Day, this happy Meeting of the King anii his Pc-oplr. Let them f.eail
the mutual Endearments that can pafs between a moft indulgent Father of his Country, and a
mod loyal Parliament.
His Majcfty hath this Day already done hi? Part towards it by his gracious Exnrefllons of £0
much Tcndernefs for his Subjcifts, lo much Care of thoic Things that arc moll dear to them,
their Religion and their Law?.
And I dare fay there will be no failure on your Parts to complete this good Corrcfondence by
mriking a fteddy and publick Dcmonflration of that Duty and Atllc^tion which is in your
Hearts.
You may look upon the niicious Promifes you but now received from his Majefly as Concff-
/■ fions made in full Parliament, as l^aws which his Mjjefty hath given himfclf, which will be more
t binding and eftccfual than any that can be propofed to him.
I Never therefore let our Church of EngUnd, fear to want fupport, when he hath faid he will
\. defend it. Nev#P^t any Mairtfntertain the leaft Jcaloufy of aibiivary Government, when his Ma-
jefly hath declared againll it.
What fuitablc Return can we ma!:e for fo much Gcodncfs? Let us give him fcfli and Power-
ful Inflances of our Loyaky, that mny confirm the good Opinion he hath exrreflld of his Church
of England. That may nuke him love Parliament?, and redeem that Credit which the Violence
and Unreafonablencfs of the Commons have of late impaired.
Let us fhcw to all the World that we love our King, that wc trufl him, that we fhall never be
wanting to his Service. This will deter all unquiet Spirits at home from troubling our Peace, and
will give his Majefty that Reputation in foreign Parts, that will make him Aibiter of the Affairs
of Chrijle/ulom y an Honour the People of £«j/4«
>
hey of the Court was fuch, that all this proved Labour in vain. He
was not trufted to fpeak to the Parliament, but the King took it all
upon himfelf i and he made his ov/n Speech ; at leaft the Lord Keeper
liad no Hand m it. For he was not fo much as confulted about either
the Matter, or Exprefilons, the King intended to ufe ; as one may well
judge by the unguarded Tenor of it. The private Confult knew that
Jiis Lorddiip could not forbear commending and recommendin"-'>■ o-^-
gave great Offence. But what gave more, was an Attempt to induW t::: atd
the military Ofhcers to aft without qualifying t.hemfdves according to ^^^'
the Teft Laws. By this Attempt in Parliamenl, a^id ot'ner more ori f FP^"? "-%
vate Prognof^icks his Lordfhip perceived a Difpofition ia the iiUeK 7$^^'^^
Court, to decline Parliaments, and rdy upon an Army; for which De- '"''^■
liberation they had but too much Encouragement by Monmouth's Re.
^ I' 2 bellion.
i6o
The B uHn'-fs
cf ihw Coro-
nation, and
his Lordfliip's
Sicknefs, wi-h
iom". p fuliat
Circum fian-
ces.
T/je LIFE of the late
bellion, wliich broke out during tills firft Scfijon of Parliament. Therloval
and hoiicilTcmpc-r of the Parliament, appear'd in nothing more than in
their Behaviour in this Point. After much debatin-^, they llicvved a Dif-
polldon, by a particular Law, to qualify any Perfoi^s the Kincr Oiould in
pvirticular nominate to them: But that would not be accepted; \vhic]i,oii
the one Side, was a great Ovcrlight, and, on the other, a great Efcape; for
the Members had incurred no little Infamy abroad, by confcnting to enrdt
even fo much as that was And as for a general Qii-dification, tliat is, a
Repeal of the Tefl; and penal Laws in military Cafes, it would by no
Means be agreed to : And upon that Point, in the End, the Parlia-
ment was broke; as the Accounts of the Clofetting, afterwards, make
plain. I have no more to relate of this Parliament, in wliich hisLord-
fliip prefided, as Speaker, upon the Woolfack, an Employ moAly taken
up with Forms. Only the Bufinefs of Appeals, from fome of his De-
crees, was fadidious ; becaufe y^^Wfi affeded to let fly at them, as if
he would have it tliou2;ht that he was fitter to be Chancellor. During:
this Seffion of Parliament Monmouth landed, and all the Ads, that
could be thought of, fignificant againfl him, were pafl ; as Attainders,
Cfr. After he was beaten at Sedgmorc^ the Lord Ciiief Juftice "Jeffries
perform'd his memorable Expedition in the IVcJl^ armed, i^.ot only
with a CommliTion of O^cr and Terminer^ but alfo, an Authority to
command the Forces in chief, as General of the pyeji; for lo he was
ftyled. Upon the News return'd of his violent Proceeding, his Lord-
Ihip faw the King would be a great Sufferer thereby, and wcntdiredly
to the King, and moved him to put a Stop to the Fury, which was
in no Refped for his Service ; but, in many Refpeds, for the contrary.
For though the Executions were, by Law, ju(l, yet never were the de-
luded People all capitally punidi'd; and it would be accounted a Car-
nnge, and not Lav/, or Juftice : And, thereupon, Orders went to miiti-
gate the Proceeding; but what Effed foUow'd, I know not. I am
fure of his Lordfliip's Interceflion to the King on this Occafion, being
told it, at the very Time, by himfelf.
At this Time, the folemn Coronation of the King and Queen was
promulged ; a Committee of Council to fettle the Formulary, and a
Court of Claims ereded by CommilTion; in which his Lordihip, as
Chief, gave the Rule. At the former, the Archbifliop of Canterbury
and his Lordfliip had fome Difference. The Archbifliop, as the Coun-
cil though.t, fj>un too fine; for that was his Way; and he would not
abate one Scruple of what he thought his Duty; v/hich made them
think he trifled ; and my Lord llalUfax faid his Name fliould be Sede
Vacant e. However, all ended fmooth and well. And here 1 mufl
introduce a difinal Cataftrophe ; which was his Lordfliip's Sicknefs and
Death. All thcfe Loads of the Death of King Charles 11. the ma-
naging
(
LORD KEEPER GUILFORD.
raging in order to the Coronation, and the Parliament, and fitting there
to hear his Decrees mofl: brudflily and effrontuoufly arraigned, which
he mufl defend with all the Ciiricifm ar.d Reafon, as well as Temper,
that he could, by Strefs of Thou.'rlit, mufler; befides the Attendances
at Court and Council, where nothii^g fquared with liis Schemes, and
wliere he v/as, by Sunderland, Jeffries, and their Complices, little lefs
than derided ; to all which tl^-'Difpatch of the Chancery Bufinefs is to
be added, where, fcjr want c f Time, all run in Arrcar; which State
of the Court was always a Load upon iiis Spirits. All this was more
th.an enough to opprefs tlie Soul of an honefl, cordial, Alan ; and I
verily believe it did that to his Lordfliip, wliich People mean when
they fay that to Heart ivas broke-, but 1 gucfs that, with him, it was
rather his Head than his Heart. Some Time before the Parliament
rofe, 1 had Notice brought me in tlie Morning, tliat my Lord Keeper
was taken defperately ill. I got ready as foon as I could, and, coming
into his Chamber, and to his Bed-fiJe, he look'd at me and faid, IVill
you believe I am ill Jiowf 1 was one that ufed to rally upon his Fan-
cies as to Health, as if he ailed nothing ; and truly, for the mofl Part,
1 was in the right; for he was inclined to the Splenetick. But now it
was plain he was in a very bad Cafe. He was taken, in the Night,
with a very bad Cold, that obfliuded all the Pafl"ages on one Side of
Ms Head, and lie had very great Pams there, and, withal, a Fever.
The Afternoon before, he was not well, but made no Shew of it,
Tlie Barber trimm.ed him, and, being uneafy, he thought he never
would have done ; and the Image in his Dream, at the AccefHon, was
of the Barber's Hand patting his Cheek with cold Water till it' was
Fiumb. And, after he was awake, that Thought /luck in his Mind,
and he could never fliake it off as long as he lived, which was not a-'
bove four M.^nths after : And he would often inveigh againfl the Bar-
ber's Impertinence, which lie fincerely thought gave liim hds Cold.
Let all, that rdicd on Non- Sanity of Mind," oblrrve that it hath its*
Degrees^ and Importances, and that corporal Infhdions fliall imprefs
Ideas which flvdl ever after remain involuntarv ; if ubout trivial Thincs,
they are Conceit and Fancy ; if impo.tant, Madnefs. For in the Ex-
tremity oi fauiitous Madnefs, there is nothing to be found but the
Conleqr.enccs of Error and Crcdulify, bv what" Means foever, whether
Pride, F.igiit, Fever, Love, (sc. imprefied at fiifl. But, to' return t>
his Loidfln.^ his Family Pliyfician, Dr. Maflers (who w.is bred under
Dr. Ji/illu, and introduced by him) was lent lT)r ; and he ordered
P.il'boomy, and, having direded his Diet, ejvpt-ded what Turns the-
Diitemper would take, and watch'd him carefullv and continual^, in
Cider to farther P.efcription, as Reafon might require. And thus the-
Man might have Lad fair Play for his Life ; for who is exempt from
Fevers ?
261
2 6i Tie LIFE cf the hte
Fevers ? And it is but fome, not all, that have them, die. Thus h» Iiv
rcaiels, under a burning acute Fever, without any notable RcmiflWis
and no IntermUlions. This dangerous Sicknefs of the Lord 1^™
bang known about Town, all the accuftom-d Impertinences, cfMef-
%es and V.hts, were afted, but kept from the lick Man, 'to whom
larly Sir // Uham Soams a Sort of Brother-in Law, w]>o were „u,ch
concern d about h,s Phyfician , he was too plain a Man, and not i„
top P;;aft.ce and but one: And it was abfolutely necelTary that fome
Jhps DiJUhBicu ought m to be trujh-d .^itb one P by fie an Peonle
W.11 ever be fond of Dodors, as Popijh Zealots are of Sa n ts and tllk
hat the Power of Life and Death is in their Hands. Wh^'reTs, gene-
rally, the Pradice .s common to all; and, when they fwerve, and are
fingular, ,t ,s as much for Death as Preltrvation. But hereupon Dr
Short was fent for who. finding his Lordlhip in an acute Feler ap-
proved of what had been done, and, to qualify his Prefcription faid
that a Man oj hn laue, ^as not to be trn/hd 'with a Felr. So o
work he w.nt w,th h^, Cortex to take it off; and it was fo done; b«
his Lordlhip continued to have his Head-Ach and Want of Sleep
' They gave him quieting Potions, as they call'd tl-.em, which we?e
Opiates to make him Heep ; but he ranted, and renounced them as his
greateft Tormenters, faying//,^/ they thought all ic'as r^-ell tf he did
not hck of the C oaths, and his Servant had his natural Re,l ; but
al that while he had Axes and Hammers, and Fireworks in his Head'
which he could not bear. All thefe were very bad Signs ; hut yet he
■ fl-"J, V' '!^'"'^ confiderably; and no Wonder, his Fever being taken
oif by the Cortex. "
by,hco«„. Coronation attended his coming abroad, and he, h.ving an ImnuHe in
did B„«„crs, his Isature to difpatch whatever belonged to him to do, ventured out
dl"ita Y'^'^'^-f' 'r "y ?°'"P^^^"' M'"'"-. I^-lthfuI^ a;>d r^t in Par!
flowHeftick. Ij^iment, difpatched all the Claims, attended the Council and the
Committee for the Coronation, and did what he could in 'the Chan-
cery ; and, what was more, paid his laft Duty to his Mafter in walk-
ing ar tae Coronation. And, as an Inftance of his Lordfliip's Caution
in gr-^it Matters, I muft here take Notice that he had his Ah, jelly's
Sign M.inual to order ],is not publilliing a general Pardon; which
fomet.mes Men have thought belonged to the great S.al to do of
couife During thefe Employments, every one, that f.w him, (aid he
went about as a Ghoft, with the Viftge of Death upon him. Such a
bunk fp-ntlefs, Countenance he had. And yet liis Stiengtli of Mind
earned him through all; and his bearing the long Fatigue of the Co-
ronation
LORD KEEPER GUILFORD.
ronation Ceremony and Walk, was really a W(nider. Nor had it been
Grange if one, with mortal Wounds upon him, as he had, had drop-
ped in the Piazza. During all this Time, his Appetite was ^ouq, and
Cookeries were provided in order to tempt his Palate; but all was
Chip. We made his Evenings as comfortable by Society as we could
with fuch News as the Town afforded, and all Kinds of familiar Chat'
which was his greateft Delight when he was well. He found his
Spirits low, and thought to favour and ered them by a Glafs or two
of Sherry, or Sandwich Ale, after his No-Supper. But the Cafe of
his Fever was this : The Rage of the Difeafe, which was the Effort
of Nature to throw off the Venom that cauled it, was taken down by
tlie Cortex; but the Venom, then afloat, was let fink into his Con-
Ititution : And it is now found that, without there be an IntermiiTion
of tne Fever, the Cortex doth but engraft the Venom to flioot out
again more pernicioufly. And fo, in his LordOiip's Cife, he had a
Seed of a malignant Fever in him, which turned to a malignant Cha-
chexy, kindling and burning in the Centre of his very Vitats, making
little Shew but in his Pulfe, and a general Pain, and continual Uii-
cafinefs, Languor, and Want of Sleep.
While his Lordfliip went about in this difconfolate State, it is eafy
to be conceived how little of Comfort was his Portion. He had ro
Ghmpfe of Satisfadtion, in the Profped of future Events, as to the
Nation at large (and how much he laid that to heart will be made
appear afterwards) concerning which he had no fair E pedation but
what terminated in himfelf : i;/2r. that, after having done the utmoft
that lay in his Power to do, to obviate the impending Mifch^eft he
might hope to have delivered his own Soul. And liis FevcriOi Difeafe
growing upon him, his Spirits, and all that fhould buoy a Man up
under Oppreffion, not only failed, but other Things, of a malien
Compledion, fucceeded to bring him lower : Which may be fufly
underftood by this Circumftance. He took a Fancv that he looked out
of Countenance, as he termed it, that is, as one afiiamed, or as if he
had done il , and not with that Face of Authority as he ufed to bear •
And, for that Reafon, when he went into JVe,^minfler-Hall in the
Summer Term, he ufed to take Nofcgays of Flowers to hold before
his Face that People might not difcern his Dqedion ; and once in
private, having told me this Fancy, he afkcd nic'if I did not perceive
It I anfwered him, not in the leaft; nor did I believe anv one elfe
did obferve any fudi Thing : But that he was not well in Health, as
he ufed to be, was plain enou'ih. His LordOiip, in this State, took a
Kefolution to quit the grt.^t Seal, and went to my Lord Rochefter to
intercede with his Maj.ity to accept it ; which had been no hard
Matter to obtain. But that noble Lord had no Mind to part with fuch
a Screen,
2^3
HisLordfiifp-s
Deje(ftion and
Retirement
^• i hthc great
S.a! into the
Couniry.
264
TJ.^e LIVE (f the late
ii ?crcc:i, and, nt tiir.t Time (as l.e told nie hiinfelf ) he diverted Mm,
Jkic Ills Lonliliip ixTfillcd, as will be made appear aiterwards by a
Letter. Whereupon the Lord Rocbcjier obtained cf tl'C K-r.g tliat his
Lordlliip might retire with thie Seal into the Country, and l!i;,t tlie
Oiticers, with their Concerns, fhould attend him tiKTe, in hopes that,
by the \J{^ of the Waters, and freih Air, he mi^H^.t recover his Heahh
jigaii^.H: next W^inter; when it was hoped he vvculd return pcrfedly
recovered. This was indeed a Iloyal Condelccnfion, and lingular Fa-
vour to him.
HisLorddiip's During this Mixture of Difeafeand Bufinefs in Town, tliere was no
Phyhcians want of Phyficians to attend upon, and prefcribc to him. 1 licy found
Unt him iiiiT^ i-i ' • c ^ T>. y - •>
tiowndcfpe- ^^^ had a lent Fever, which was growing up out ot tne Dregs which
rare, andth; the Cortex had left ; and, if it were not taken cif, they kntw he would
^r!'pZdcx\^ ^^^^ perifh. So they plied him with new Dofts of the fame, under
bed. ' the Name of cordial Powders, whereof the Quantity, he took, is fcarce
credible; but they would not touch his Fever any more than fo much
Powder of Pofl. And ftill he grew worfc and worfe ; no Means
would reftore him any Appetite. At length, the Dcdors threw up,
and fiid their Medicamenis iiadno Effed:, and his Blood afforded him
no kind of Nourifhment; and he had no way left but to repair to his
Seat at IVroxton, which was near to Aftrop U'^ells, and drink thofe
Waters, which they hoped would cleanfe his Blood, and reftore his
decayed Spirits. After this Sentence pronounced, we ftraight packed
up our Alls, and made as full a Family of Relations as we could to
divert him. The Family Phyfician went with us, and he had his
Cherts of Medicines, as if we were going a V^oyage to iht Indies. We,
that rode in the Coach with him, had a melancholy Journey ; for lie
was hopelefs of Life to continue long, and of any Comfort while it did
continue, and declared expreily that this was to be his lafl Journey.
There were Pillows, and all Contrivances that he might be eafy. He
complained of no Inconvenience in the Journey, by jogging and tof-
iing, though he could not but feel a great deal ; but liis Patience was
extraordinary ; and, as he had refolved before-hand, he made the flime
Stages he formerly had been ufed to. Wc had a great Rout attending,
that belong to the Seal, a Six-Clerk, Under-Clcrks, Wax-Men, &c.
who made a good Hand of it, being allowed travelling Charges out of
the Hanaper ; and yet ate and drank in his Lordfliip's Houfe. I muft
own that, bating his Lordfhip's Illnefs, (which was Bitternefs with a
Witnefs) I never was in a more agreeable Family. For it was full as
a City, and with Perfons of good Value and Converfation ; all under
the Authority of one whom all revered; and, out of Decency, as
well as Refpedt to him, not the lead Intemperance, or Difordcr of any
Sort, committed. And what crowned all, was, firA, the chief Table
almoft
LORD KEEPER GUILFORD.
16^
almoft filled with the deareft of his Lordfhip's Relations, and the
Hopes that, fometimes, were afforded us in the Country, of his Lord-
fhip's Recovery.
The Gendemen of the Country were very humane and obliging ; Hisi.ordnip^J
for they all came and dined with him, and, with Deference to his ^^^""^'■o^
Eafe invited him. But his Regimen permitted him to go no wliere ; ^h'vLriouf
nor did his Relations make many Excurfions : But fome he obliged Amufcm-nu
them to, for Excufe for himfelf, where he had great Refpeds Fie "^"J-"^ u'
took the Waters in Bed, for they did not agree with him up, and, in Wa'tcrl' '
a Week or Fortnight's Time, his Urine, before difordered, was redi-
fied ; and he had fome Appetite. Some of us would be faying to the
Dodor that there was an apparent Amendment; but he ufed to Ihake
his Head, and put his Hand to his Wrifl; and once, in plain Terms,
told us that, till he found Amendment there, he had no Hopes. I
paft as many Hours alone with him as any one, and, after his old
Wont, he would fpeak his very Thoughts to me ; and, when he rea-
foned wrong concerning himfelf, I took the Freedom to argue as I
thought, right. As in this Inftance ; he faid his Phyfician wis ex-
tremely to blame, who was fo much in his Company, and did not put
hiiii under fome Regimen as might have prevented fuch a Fever as
this was. Nay, faid he, he jJmild have jorced me to it, and not let me
alone till I conformed. I excufed the Dodor, and wifhed he would
confider, that he muft know how averfe he was to all medicinal Re-
gimen and Phyfick, and if the Dodor had obtruded any fuch, he mufl:
have expeded an authoritative Rebuke ; and he ivould have feared in-
curring thereby the Lofs of your good Opinio?!, This, and fuch Free-
doms, he took in good Part. Our Courfe was, in the Morning, to
attend his Lordfliip in his Chamber with merry Entertainment while
he was drinking his Waters; and then, being up, we, that took the
Pofl of being his Architeds, fell to meafuring, mapping, and debatincr
about our Projeds concerning his Gardens, Buildings, and Planta-
tions : And I cannot pafs by a diverting Paffage, One Mr. Barber, a
Neighbour, obferved how bufy we were; and, coming near to'us
where his Lordaiip flood, 7lu may meafure and meafiire, faid he, but
my Lord is not Juch a Fool as to be ruled by mi. His Lordfliip, who
had fcarce laughed fince he came down, could not hold at that. But
we were reconciled to him after that, at the Table, he had told a fine
Lady that /^^ had known her a Heart-breaker for above twenty Tears.
It was very obfervable that our Proceedings difcovered plainly when
his Lordlhip thought well of himfelf, and when not; for, if he was
in good Heart, and thought he might recover, then he obferved us
narrowly, and would put in his Oar, and like or diflike, joining in the
very much Altercation amongft us, as if he were a Party concerned.
LI But
i66 The LIFE of the late
But if he thought he could not get off, then he left us to ourfelves,
and made no Enquiry, or Queftion at all, upon what we were doing,
and fcarce would give Attention when we rtiewed him our Draughts.
I remember I had laid out the Plantation of his Avenue, which was
a wretched Pofition; for the Entrance v/as at one Corner, and, not in
the Streight. I had fhaped a Demilune before the Court-gate, and at
the farther End, a whole Sweep, with Rows detached from that to
the Entrance. He put out.my whole Sweep, and ordered the Rows of
Trees to be refradlcd that Way. At which I was very angry, and
declared that no Architedl was ever fo ufed as I was. This pleafed
him much ; and he very often made a Jeft to his Company of this
Rant of his Architedl. Thefe were harmlefs Amufements, and bene-
ficial to him, as much as any Thing might be. After Dinner, the
Coaches were ufually got ready, and, with his nearefl Relations, among
whom I was always one, he ufed to go to Edgehill to take the Air :
But I did not perceive any great Goufl he had in it ; but it was advi-
fed, and that was enough. I once encouraged him to ufe the Viol,
and I would make a fmall Confort to him, and he feemed to approve
of the Entertainment which ufed to be his Idol. I thereupon tuned up
a Lyra Viol, and a Violin, and, having got fome agreeable Compo-
litions, to work we went. The Do(flor eyed us well, forefeeing what
w^ould follow ; which was that his Lordfliip fcarce touched above a
Leflbn, before he laid down the Inftrument, faying. He did not like
tlat Part^ and the ether he did 7iot perform. He began to be much
concerned about his Chair, and not fatisfied with any j but one, above
the reft, which he ufed moft, was privileged, and no one eife offered
to ufe it ; for, as fick as he was, he would fuffer none to rife and give
way for him. Thus, with various Amufements, the lieavy Time,
Duy after Day, was got off hand, as well as with all the Satisfadion
to him that we could contrive, O what a Difference between his own
Family, Friends and Relations, and the Court !
One Thing was very remarkable in this flow declining. All, thnt
was peculiarly good in his Humour, left him. He concerned himfelf
th i Cun- flriiigely about his Oeconomy, and the AbuTcs of it, and every Thing
ftiiu.ion. fliould be new-modelled, and his Family reduced; nnd he, that was
never fo well as when his Houfe and Table were full, began to look
upon us as Inmate^;, and would needs go out, and take an Account of
his Stables; and, coming into one tliat had four Coach-Horfes in it,
he afked whole Stable that was? They told him Mr. Foleys. (He
was a BiOther-in-Law, who, with his Wife, his Lordlhip's Sifter,
had been long in the Family.) He had enough, and ciKjuired no far-
ther ; only, as he returned, Mr. Foley s, faid he? Very Jine, indeed!
Butj with all this Difcourfe of Regulations, he ordered no one Thing
other-
Hi^ Lo'-rldlip's
good Hu-
LORD KEEPER GUILFORD.
1=
would put into my Hands, a. i I flJ^ ^^tr^^^':;^^
entire Form of a Will, which he would publifh. and the othe s Luld
be revoked. Th.s was the firft Word he fpoke of any Wi 1 and
none of us thought fit to mention any fuch Thing to him NW, n
he gave me his Papers, and I made a Draught, wWch S'npn^oJed „T
without the Change of one Word , for inlee'd I t^fed noXds bu^'
what were his own, faving for mere Form. This Wi 1 he dS^ ^
to be wrote flieet-wife, and to be ready when he caird for it wS
was accordingly done. Now the late Time of the Year° former
drinking, was come; and either the Waters had not that VirtL If^-"
lute and infpirit his Blood as before; or elfe the Sodor, Ind hi cor"
refponding Brethren in Londo„, thought fit he fhould leave off drink
ing them; and after that, he tumbled down apace. The Dodo "l"
ways ufed to (hake his Head at his Urine, fayiL it was^X L»'
or like to that of one that was well. But now.^it had a r^d ci 1:
If fome Drops of Blood were mix'd with it; which was a Wp'
noftick of Death approaching. Once his UrineftoodTn his Viewlj
he lay in Bed, and the Doftor, frowning at the Wafer u\Af u j
take it away. No, let it alone, faid Zl^Sp itfjTfl
«,ore than that fieu.. When he was confined tJ hit Bd he'c^S
forhis Will which I brought; but he thought the SlS werel^
many, and that he fhould not have Strength to fign them !ll ,
^%n-d every Sheet, and publifl:^dirrnd'^;j;-^^^^^^^^^^
Ch!^:i,MorS'rj Ev;l:i„ffor%h"eV°t" payers in a fmall T.e„:„..
ever^gWat Mai^s Houfe^fty tV^fofT^ iSr • tS 1^'^'" -'"-.••
Lordfhip was confined to his Bed, fo thft he could p'nf' ^^" °?- ^"'f
Chapel, the Vifitation Services wer; ufedThtcrmt ; nTat letl h' -^^>
he received the Sacament with his Relations by him and 'e^ t ''""'•
was in a very defperate Way, not like to live many H^urs It wa^tL
Opinion of the People about him, and the Dodor'^s De&e (who was
L 1 2 the
II
268 ' The LIFE of the late
the moft afflided Man in the World) that Dr. Radclif, then in the
Neighbourhood, fliould be call'd in ; which was done, not that his
Friends expedted any Benefit but, to fatisfy feme of the Living, who
would not be convinced. The Dodtor came and, by his Lordfhip's
Bed- fide, he afked him, I am fure, no lefs than fifty Qijeflions; which
was a great Fatigue and Trouble to him, and all that were in the Room,
The Dodor had his Fee, but not the Ingenuity to fay what he knew,
i:iz. that there was no Hopes, but talked of Lungs being touched or
not, which fignified nothing. His Lordfhip afterwards (hewed much
Difcontent that he was not well attended ; and if Sir Dudley North, or
I, was abfent, he call'd it flighting him ; and we were indeed glad,
fometimes, to efcape for half an Hour to breathe. This confirm'd
the Approach of Death, of which the not caring to be left alone is a
conftant Symptom. He began to agonife, and be convulfed, and, by
Virtue of the Do. ^u -n c 7 to recover it.
for wl,ich he thought himfelf i„.,er^ir f r' °I '^' P""'^!^'
to feel the ill ConLue Kef he f?w nl^ I .i' °^u^'^ '° ""''^^'■' °^
ana wnat, at Court, wou d be eYx^r^CC^A ;^ *i ^ r ^ ^^i^-'cis ,
Majeftys Face : Fo; when^'S^ft "fjtl^S ^ it! '>''
mounts to a publick Accufation, and declares hi- rnnUr' T\^ ^'
longer ; or elfe he muft ftavunti hSSdiTe nr.TJ T ^""'^^y "<*
have got clearly of^^^S^n l\i ^ ei^^ TrS" '^R{ '' ^""'^
httle uneafy to him that, in the Interim of Ilr" ^ I "'''' "°^ *
Courtiers /onfpired, by Hdicu o sS,^ Aff 5nS f P r '""^ '"
and Buffooneries, to .^rieve and torn ^IV I .^'^'°"'\ bale Experiments
bring him into their ^,Sy MaWo elVT' tT^.J'P'' "t' ""
himlblfout of their Wav whirb , v7' i ^^^'^ '^'"* vvithdraw
tify them, he had no mid to do' Andl f 7 ""1°" ^'"'V'° ^''•
and his Refentments, frotn he Publick t^ ! A r^"'"^'^ himfelf,
fuch Matters hy the ri-^ht HandS ht; , '''\°l" f """"^ '^^''
Inventions, were fet on Foot Durn:,r'^/'^'- '"''•'/ "^'^'"^ <"■
knew out ;f what Sh'; the^ caCe'^t^h^ner""'^- ^"™' i'°"SH he
Feud, or Party, on his owrrcour or ei he '""".17''^^'^'^"
cr troubled the Kins; in nrivite A ]\v% f '?f,%^,^F°*\"'ated abroad,
ills moil fenfible Breaft And .H . 'II U%e lay burning ia
ing of any Good to his S^'X^SS^^'r ''n'rV'^,^'^"'"-
a State of judicious Dcfpair a^d tLn n ' °V""',''" ''" ''""'^ '"
otherwiieofan ordinary Cfi's ^tluXZ '""ft'' "^« ^ Diftemper.
]y, that his Heart was b^roke ' ^ '"' °^ ''""' °''' '"^'^'^ ^"''^-
And that ..ne may brea" to two Qu^lSon: 2°°'^ S'^--' 'V-'^)' -^ "^^^-^
charPTd Mlnift^/^f c. . \ «■'«: l-^ft
Charged Minilter ot State, i. As to himfelf, EquannniL 2. As to°-"-«»-
M m z
all
ces.
27on Retirement to render him fecure from the^>Malice of thofe Men;
and his Intereil lav chicily in tiiat they calkd the Church of England
Party, who might have enough to do to defend themfclves ; and, con-
fuier'ing their Eallnefs, and Aptitude to be impof:d on, and that they
either hide (as I may term it) or flow along wi:h the Current, no De-
pendance, in bad Times, was to be expeded upon them. Therefore
his Lordinip refolved to get into the Peerage as foon as he could, ar.d
en;ov the ordinary Privileges and Protedicn of that Order. And that
he did it not for Vanity, or PufF, appears by his Unalkaednefs in the
Preamble of his Patent. The common Cuftom, about Preambles to
^Patents of Honour, (which Patents are prepared by Mr. Attorney-Ge-
neral in all Points except the Preamble, which is left to the Order of
the Perfon to be prepared) is to en^.ploy fome Chaplain, or rhetorical
Scholar, who is fet'on \V(^rk to pamp hard for Eiogiums, and, by
Dint of Eloquence, to varniili out his Majcfly's gracious Adt. But his
Lord-
LORD KEEPER GUILFORD.
177
LordHiip, naufeating all fuch fulfom Self-Flatteries which, like com-
mendatory Epitaphs, are accounted no better than folemn Lying, would
have none but a C(v.iuTion Preamble, as that Monarchs ufe to reward
Perfons, who had ferved faithfully and well, with Marks of Honour,
or tfie like; which Service his Lordfliip might modeflly own. His
chief Doubt v/as how he migiU decently apply to the King; and that
ended in a Rcfolution to beg it, as a Boon, of the Duke of Tcrk to
recommend him. This fome thought improper, with Refpedl to his
not implying with iht Papijh. But his'Lordfhip believed that the
Duke thought him an honefl Man, and was really his Friend : And
fo it proved; for the Duke took kindly his Lordfliip's Requefl, and,
without Helitation, or Delay, moved the King, and it was as foon
granted. Anotlier Doubt, that he had, was al)out the Title; for he
would not fix it upon any of his PofTefiions, becaufeit look'd as a Va-
nity ; nor upon any Place, which was in the Style of any other Ho-
nour, nor on any new one, which had not been, in fome' pad Time,
ufcd as a Title. At lafl he fettled it upon Guilford, which had be-
long'd to his Friend the Duke of Lauderdale, and was, by his Death,
extindl. The DucheJs was then living, and he had her Approval of it|
and many fancied he courted her in the Way of Marriage, and that
this was one of his Compliments. He was aware of fuch Rumours;
but valued them as little, as he intended, thereby, any fuch Courtfliip.
And although (if he had afked) it might have been an Earldom, he.
made a Barony his Choice, fince he did not feek the Honour for Va-
nity, but for a real Protedion. And he was infinitely fatisfied that he
had made no other Means but by the Duke; which if he had not
done, but gone by himfelf, or any other Way, it had proved a real
Offence, and had been aggravated as a Slight put upon his Royal
Hiehnefs
I ihall not take upon me to give a fummary Charader of this great when young;
Man, till I have wiped off fome Calumnies that have been cafl upon "otibndcrd/
him, and Hicwn fome particular Inftances of his excellent Qualilka- vaoli"'''"
tions in the feveral Parts of Life, which I could not conveniently in-
fert in the Body of this Work, in order to demonilrate him to have,
been a Vviie and jufl Man, and a good Chriilian. Slander is like the
Fil'h call'd the Remora, which, flicking to the Helms of great "^iv.^^s,
difordersthe Steeragje. Ordinary Puibns are obnoxious to Slander';
but, for the mod Part, it is frivolous, flightly regarded, and turns to
Merriment. But, when applied to great Men, and iMinificrs of Stare,
it diilurbs the Courfe of AlTItirs, and the whole Government \^e\% it..'
Vv lien he was young, and palled his Time in Study, and the early-
Practice of the Lav/, he fell under no Perfon's evil Tongue (cxc.pt.
fome of his neareil Relations, as has been touched alreadv) and na.
Fraud^
in
178 The LIFE of the hie
Fraud, Mifdemeanor, or Vice, could be laid to his Cliarge; but be
was efteem'd a Perfon of the greatefl Hopes of any of liis'Profeffion.
And as to his general Charader, then and afterwards, fome fancied he
was inclined to Avarice ; hut they knew not his Circumflances, nor his
Humour. ^ At firft he lived in a Courfe of Ihifting with a lit'tle, as I
may flyle it, when he was to buy the Way into a Settlement kx. for
the Bufinefs he aim*d at. And one, that hath neither Fund nor Friend,
whereby Debts, if any were contraded, might be paid, as many, of
his Rank, have, hath Reafon to be careful. But it often happens that
extravagant, rakifli People, if one, upon a Level with them, doth not
fpend his Money in their wild Way, think him covetous. His Lord-
fhip kept always a reafonable, and feledt, Companv, and never was
what they call a Company Keeper. But, with his Friends, was liberal
and free, and, in paying Reckonings, and other feafonable Bounties,
none more free than he was. Of which, Inftances will be produced
hereafter. After he came to make a Figure, there are WitnelTes e-
nough of his generous Way of Living. So that whoever hatli imputed
Avarice to him, hath been altogether out of the Way of rjaht tudo--
ment. The Fadion never applied heartily to calumniate hisl^ordihin
until he was touch'd in Parliament. And from that Time forwards'
all the Party Artillery of foul Mouths were pointed at him ; and the
Earl of Sunderland march'd at the Head of them, who commonly
gave out the Signal. His Lordfliip's virtuous Courfe of Life was a
vile Obftacle; and Slanders, on that Head, would not ftick. But I
fhall (hew fome Snares laid to catch him. In the mean Time Vilifi-
cations plenty. Thofe were at their Tongue's End. He was'neither
Courtier nor Lawyer; which his Lordlhip hearing, he fmiled, fiying,
T!hat they might well make him a Whoremaller^ when they had di/l
Jauyered him. And to fliew their Litent of fixing fome Scandal and
^ Contempt upon him, I fliall alledge a ridiculous Inftance or two. His
' Lordfhip's Brother-in Law, more than once named in thefe Papers,
came to him ferioufly with Advice ; which was that he ihould keep a
Whore, and that, if he did not, he would lofe all his Intercfl at
Court; for he underflood from very great Men (the Earl o^ Sunder^
land and his Gamefters, I fuppofe) that he was ill look'd upon for
Want of doing fo, becaufe he feem'd continually to reprehend them
for pradifing the like, as almofl every one did ; and, if his Lordlhip
pleafed, he would help him to one. His Lordlhip was, in his Mind,
full of Scorn at this Profer, which the MeiTenger did not penetrate •
and it was enough to decline the Counfel, and not accept of his Afii-
ilance. And, with his ncareft Friends, he made wonderful merry
with this State Policy, efpecially the procuring Part ; and faid, That if
be were to entertain a Madam^ it Jliould be one of his own chufmg^
and
LORD KEEPER GUILFORD.
27P
Md not one of thetr Jlale Trumpery. But his Lordfliip had deeper Re.
fledions that befides the fullying his Charader, if he had fuch a
bnake in his Bed, they would find a Way to come, by her into his
nioR retired Intentions. For the Courtiers knew the Ufe that in Po
htics, might be mads of the fair Ladies, whom they could charm
better than his Lordfliip; and no Spy like a Female.
When tliefe pointed Darts would not lay hold, they were contented A tr«chcrou»
to throw Dirt; as appears from what they inferted in a News Paper of "'"'^'' l-dd
his Lordfliip's Behaviour in the Weflern Circuit; a full Account'of S/"'' ""
which may be found in the E^amen. And whoever looks into that
1 ime will find a ftrange Tendency to fplit the Laws again/I thofe
who do not go to Church ; that is to fay Recufants. And fome Votes
ot the Houfc of Commons look'd that Way; as if it were -a Grie-
vance that 'hofeLaws were made to extend to Sedaries, who are foftly
ftylcd Proteftant Diffenters; fuch as Prefbytenam,-^,akers, AnabaMilh,
<^c But the Judges, as his Lordfliip in particular, and luftice y/««
(who though abfent at launton, dcfired to be comprifed ia the Ad
vertifement) had not fuch a Notion of Law as, for any Body's Hu
mour, to treat plain Words and Expreflions, as a Nofe of Wax to
bend one Way or other to gratify Parties. But the Charge giveil by
' w'm ••"' u^'fif.7' '° ''^^-("dges to that Effed, was an Ignts fatuu),
or -Wdl in the W.fp, of the Fadion. concerted to miflead, It leaft
With rhewing a Feint of Indemnity, to feduce them.
I have clfewhere noted that, during the Reign of Kins CharJa IT r 1
Calumny, againft his Lordfhip. at Court, m-^s kept unir ; fo/ he S™"L
would not fufier his Mimics to fool with thePerfons of his Minifters "i' it'- ^,"^^8"
'cMi^'^c" ^t' ^°'- ^"^ ^" the next Reign, when the Roman whS";.' cg.a
If Defigns began to work, and his Lordfhip was found utterly '-»S'-
unfit for their Purpofes, and the Court Inftruments, of which the Earl
of Sunderland was the chief, were employ 'd to rhake him off, that the
l.ord Jep-ies might come on. then the Reins were let loofe to Ca
umoy; and when no Mifdcmeanour could be found to harp upon
tney ell. hke fool.fla Clowns, to call Names, as they fay ; and no
Scruple was made to vilify him. as the unfitteft IMan ihat eVer fat in
:is 1 lace: Partial, paffionate, unreafonable. impotent, corrupt, arbi-
rary Popifl, and ignorant. Any Thing to make him avoid the Room.
Jut his Lordfhip cared not to h.umour thefe Barkers, or to quit his
Plixe, till he might do it with Saho to his Di<^nity ^
W^in'^^^^f ^'' ^°f '7'^ ^^°'"t Enemie", the Earl of 5««i.r. The fooM.
.and m pauicdar, were hard put to it to find, or invent, fomething L,^ »' ">.
to report, tenaing to the Diminution of hisCharadter, I fhall it, diredled to the Lord Chief Juflice Saun^
ders, to fign a BjU of Exceptions tendered to him at the Trial of the
Rioters in London, The Information was for the riotous Fad: of the
old Sheriffs holding a common Hall, and pretending to eledl new She-
riffs, after the Aflembly was diffolved by the Lord Mayor. At the
Trial, the Defendants urged, as hath been related in the Examen, that
the Lord Mayor had no Power to dilTolve the Common-Hall ; which
Point the Lord Chief Juftice Saunders over- ruled, as a vain and empty
Pretence, and utterly againft Law. Upon that, the Bill of Exceptions
to the Opinion of the Judges, was tender'd, which he refufed to fign.
After the Trial was over, they came to his Lordfhip for a Petition for
a Writ, and fuggefted a Form of it exprefs in the Regifter. Upon
Examination, his Lordfhip found that that Precedent was of a Writ to
the Sheriff, who is, in fome Cafes, a Judge ; but is alfo a minifterial
Officer, to whom mandatory Writs may fitly be diredted. But it fol-
lows not from thence that they may be diredted to the Judges of the
Courts in Wejiminjler-Hall. And what Procefs can be upon it ? There
is no Form of any Attachments, nor Precedent of any like Procefs to
follow. And the Penalty in the Form, is only on Pain that fiall
fall thereon : Which fhews it to be a mere Writ of Favour, where
it might be granted. But there never was any fuch, to the Know-
ledge of any Man living, fent out; and thereupon, in this Cafe, it *
was denied. Thefe Matters were thus prefTed, not becaufe there was
any Right or Senfe in them but, by way of Coals to be blown up
for exafperating the Fire when Time fhould ferve. It may not pafs
that the Chief Jullice Saunders was in the Wrong for refufing the fign-
N n ing .
i8i
fi
w»\
A Writ of
Error For
Armjlrong de
Ucaibus.
Tie LIFE of the late
ing ; but the Chicane upon that Point of Law, which was moft clearly
with him, is too tedious to be inr2';;;;,Jj ^cre.
i*:n this, was another Application to the great
283
Of a like Nature.
Seal for a
I \
141 '!
IM'
x'lai that a Writ of Error might ifllie to reverfc an Outlawry
t&e agiiiijft Sir Thomas Armjlrong, The Law is, that if a Man, outlawed
for High Treafon, renders himfclf witliin a Year, he may have the
Benefit of a Writ of Error to reverfe the Outlawry, and lb take his
Trial ; otherwife not : And an Outlawry, in fuch Cafe, while it ftands,
is a coiiiplcte Attainder, as if tried and attaint by Vtrdldl and Judg-
ment. Armjlrong ficd into Holland^ and was outlawed for the Kye
Plot Treafon. Afterwards, within the Year, he was taken up in Hol^
laruU '^^'^'^'^ brough.t into England^ and, being oppofcd as to what lie
had to fay for himfclf why Execution (hould not be awarded, he in-
fifted that, being prcfent here within his Y- ar, he ought to have a
Writ of Error, and be admitted to plead. Bat the Judges were of
Opinion that being brought in by Force, agaii^.fl his Will, was not a
rendering himfelf within the Statute; and thereupon he was executed.
Pending the Quedion, Application was made to his Lordfhip for a
Writ of Error ; and, examining into the Matter, his Lordibip found
that Writs of Error, to reverfe Outlawries in Treafon, had never been
made cut without a Warrant from the Attorney-General ; for it i3
not a Wiit of Right, but of Favour : And it could not be demanded at
the great Seal otherwife; nor had the Seal a Warrant without a Fiat
from the Attorney-General. But befides, the Matter of Right de-
pended before the Juftices of Ojcr and Terminer ; and the Writ would
f9llow, or not, upon their Determination : For which Reafon, it was
impertinent to come to the great Seal about it. But then, and after-
wards, a Clamour was raifed and ventilated abroad, as if the Man had
been hanged for Want of a Piece of common Juftice at the great
Seal ; and, after the Revolution, diverfe warm Members began to open
about it. For which Reafon a Paper was framed, and put into the
Hands of fome Pvlembers, wherein it was thought fit to reprefent far-
ther, that, I. It is the Gnice of the Curfitor to make out \Vrits of Er-
ror in c'iminal Cafes, when theufut^l and proper Warrants are brought
to them. And the Lord Keeper's Flat never was, and, in that Cafe,
would not have been a Warrant to the Curfitor for fuch Writ. Where-
fore the Refufal of it lay not upon the Lord Keeper. 2. The Appli-
cation to the great Seal for fpecial Writs mufl be either by ?/iotion in
open Court, or by Petition ; which being granted, a Fiat is wrote
and figned upon it ; and that remains in the Offices, and is the War-
rant fc.r farther Proceeding : Elfe, it is delivered out unanfwered ;
which is the Refufal to grant what is defired in the Petition. And no
fuch Application was ever made in that Cafe. 3. An oral Application,
la
LORD KEEPER GUILFORD.
in private is not to be regarded, becaufe there is no Certainty of what
js either aiked or denied. Bufinefs, of that kind, is not trufled to
Memory; but mufl be in Writing, becaufe the Lord Keeper is not to
fohcit any Man's Suit at his Inftance. He may diredl if he thinks fit
but IS not bound. Suitors mufl follow in the proper Ofiic-s • and it
was never heard that fuch Suit was made to the Lord Keeper but
from the Perfon whofe Cafe it is. There was Reafon to endeavour a
right Underflanding at that Time, when Committees, of both Houfcs
apart, were appointed to enquire into the foregoiiig Proceedings. That
t '^1 It t ""l ^/;^' '"'' ^f'^ ^^' ^ommttee of Murtbfr. But,
after all Methods of Enquiry that could be talien upon Oath or other-
wife, no Blame was found in any Judge or Minifler in the Time of
Kmg Charles II, Which, as has been touched already, is a Vindica-
tion that few Ages, put to fuch a Trial, could hope for
One thing more is to be remembered, which was talked in Coffee- A Prer.r. r
houfes concerning his Lordfi^ip; but by thofe only who were the Cut tt'se^.l
pables. The Six-Clerks have great Dependance on the Courfe of the l^^"^^"^-
Court of Chancery for their Profits; and are always difpo-^d to k e p tUS!'"'''^
the Judge in good Plumour, and prevent Alteratic>ns to their Paiu
dice And the Judges of all the Courts make no Scruple to accept of
I^^efents of V.lue from the Officers by way of New - Year 's« Gift, or
otherwie: Which is a Pi-.6tiee not very commendable, becaufe, ui^h
fome. It may have bad FffcCls. Accordingly the/e Six-Clerks clubbed
and made a Prefent toh.s Lordffiipof 1000 /. which he took as an In-
flance of their Refpedl, without Regard to, or Knowledge of, any other
Delign or Intention of theirs. But, foon after this, Ihey beLn to
fill out with the fixty Under-CIerks, and pretended tJ remoVtltm t
Pleafure being their Subflitutes, for whom they were to anfwer, as
A.aflers turn Servants away whom they can trufl no longer. The Sixty
on the other Side flood upon it, that they bought and paid for thd^
Seats, and were fworn into their Places ; and however they were fub'
jea and accountable to the Six, they were not at their Mercy to be
removed, without tne Authority of the Court. The fix thought fit
to put in Pradice their own Authority, and began with one W/ a
Clerk one of the Sixty, and ordered him out of his Seat, and fas I re
member) gave it to another. This produced a Petition of this Sc-el
to his Lordfliip^praying to be reftored, and the refl of the Sixty confirm-
T? • "n W ^'l^ ? .r^'c-' ^'"''^ '^' >^^^^ ''' unexceptionable.
It IS no Wonder that the Six were infinitely difgufled ; for, if they
had any bad Defign as it feems plain they had, -viz, of adding Sixty
to their Six, they h.d their Reward. I am firmly perfuaded that his
Lordfhip knew nothing of It till the Caufe, upon the Petition, came
before him 5 and, if he had known of it before, hg had not accepted
N n 2 their
2?4
An early Vir-
tuofo.
Tl:e LIFE of the late
their Kiiidnefs, and that afterwards he repented him of it. And, of
all the Aaionsof his Life, this came nearcft tea colourable Mifcon-
flrudion. Nay, there is no other capable of any. And I guefs that,
although I have here related it undifguifed, and out of my perfonal
Knowledge, many will incline to take it in the worfe Senfe, and as
being a plain Bribe, though the Confequence flies in the Face of it:
And, for that Reafon, many would have left out this whole Pafllige,
fo fingular as it is: But profcfTing, as I do, to render every Adion of
his Lordfhip confpicuous, I could not acquit myfelf to deal fo with
this, which would have manifelUy tainted all I have (hewed for his
Lord{hip's Advantage.
I have now done with all that appeared, or could appear, of Dimi-
nution to the Reputation, true or falfe, which his Lordfhip, by his
fteddy Courfe of Life, before his parting with the World, had acqui-
red. I fhall now, purfuant to my Defign, fhew by many particular
Inftances, how much he (hined in every Part of Life. I have already
hinted that his Profeflion of the Law did not prevent his entering into
other Kinds of Learning, and particularly natural Knowledge. His
Lordfhip was an early Virtuofo ; for after his firft Loofe from the
Univerfity, where the new Philofophy was then but juft entering, by
his perpetual Inquifitivenefs, and fuch Books as he could procure, he
became no ordinary Connofleur in the Sciences, fo far as the Invention
and Induftry, of the then latter Criticks, had advanced theni. And
the fame Courfe he purfued, more or lefs, all the refl: of his Life ;
whereby all Difcoveries at home, and from abroad, came to his Notice,
and he would have been loth to have let any efcape him.
^uaa...... His Lordfliip had great Pleafure in the Society of that very good
sirjo^o Ho[- ]y|^(^^j. jj^ Chancery, Sir JobnHoJkins, who was a Proof experimental
that that Office might be executed with Integrity. Their chief En-
joyment of each other was early, when his Lordfhip began to be emi-
nent in Pradtice, and the other had fome Afped towards the Law. But
his chief, or rather entire. Application was to Philofophy and PJxperi-
ments. And therein he became fo far an Adept that, being one of the
Royal Society, he was at laft advanced to be their Prefident. This
Refignation to philofophic Studies fpoiled the Lawyer ; but made an
accomplifhed good Companion, efpecially to one who delighted in
thufe Matters as much as himfelf. After a long Day's Work, if his
Lord(hip could get Sir John Hoskins to a French Houfe, for a petit
I Supper, but ample Feaft of Difcourfe, he was happy ; which I can
the better teflify, having often been one of the Company. There vvas
no Corner of the Univerfe, that Imagination could make acceffible,
but they fearched it to the Quick ; and nothing new fprang abroad, or
at home, but on^ or other of them, early or late, brought it under
Examina*
C!ia''a^er of
LORD KEEPER GVILFORD. z8y
Examination. The good Knight made Ufe of his Profeflion fo far as
to make an accomplifh'd Mafter in Chancery, in which Poft he had
all juft Encouragement from his Lordfhip, when he had the Great
Seal. And accordingly his Lordfliip was always pleafed when he fent
References to him, becaufe he knew his Integrity, and that, in his
Oflice, the Suitors were well ufed, and no ravenous Pradlices took
Place: Which, as to himfelf, was egregioufly fo; but Mafters in
Chancery, by their Clerks, as well as Juftices of the Peace by theirs,
are but too much impofed upon. One Rule was verified in h\rci,*viz,
*That no Credit is to be given to the Out fide ; for he was certainly
one of the mofl: hard-favour'd Men of his Time, and his Vifage was
not more aukward than his Drefs. So that going, as his Ufe was,
on Foot, with his Staff, and an old Hat drawn over his Eyes, he might
be taken rather for a forry Quack than, as he was, a bright Virtuofo.
So Men difcover what they value themfelves for ; and, on the other
Side, the fame is to be faid of them that cultivate DrefTmg ; whereof
the Solicitude or Ncgledl, however proper it may be, will (hew itfelf
by fome Kind of Affedlation.
His Lordfhip was no concealed Virtuofo; for his diffufed Acquain- of sir^o^
tance, and Manner of Converfation, made him known, and efteem'd, ^^^**' ^'
as a ProfefTor of moft polite Arts, and given to fcientific Enquiries, mid?'
This brought upon him an Importunity to be admitted a Member of
the Royal Society; and one Sir Theodore de Veaux was employ'd to
prefs him upon it. But his Lordfhip never countenanced the Propo-
sal ; and, at Length, gave his pofitive Denial. He efleem'd it a Species
of Vanity for one, as he was, of a grave Profeflion, to lift himfelf of
a Society which, at that 1 ime, was made very free with by the Ridi-
culers of the Town : And he could not difcover what Advantage of
Knowledge could come to him that Way, which he could not arrive
at otherwife. His Lordfliip had another Acquaintance, who refided in
the Temple, and, being of a retired Difpofition, was very far gone
in the Myflery of Algebra and Mathematicks. This was Mr, John
Werden^ afterwards Sir John, and many Years a Commiflioner of the
Cufloms. He was the only Son of an incomparable Courtier, Cava-
lier, and a mofl faithful Servant in the Royal Family, Col. tVerdcrr.
This Sir John infpired his Lordfliip with a Sort of Fury in Purfuit of
the Art of Perfpedive. He fhewed him the Pidure of a Tree, upon
the Bows of which hung the Letters of his Name, cut folid, and placed,
as it were, contingently, but exprefTed in true Perfpedtive. There was ,
one Mr. Aubrey of Surrey, a profcfled Virtuofo, and always replete
with new Difcoveries. He often vifited his Lordfhip, who encouraged
him by his Attention, and afking many Queftions : And his Anfwers
ferved well enough, in order to a farther Enquiry. One Mr. PTe/d, a
neb
lU
ill
Of Sir Jonas
Moor, Mr.
TiamJieaJ, and
Mr. Ball.
im
ill."
Iff''
Bi'' :
ne LIFE of the late
rich Philofopher, lived in Bloom/bury. Fie was fingle, and lils Ploufe
a Sort of Knick-knack-atory. Molt of the ingenious Perfons about
Town, fometimes vifited him; and, among the reft, his Lordfliip did
Suit and Service there. This Gentleman was of a fuperior Order, and
valued himfelf upon new Inventions of his own. Pie fovved Sallads
in the Morning, to be cut for Dinner, and claimM the Invention of
painted Curtains in Varnifti upon Silk, which would bend and not
crack; and his Houfe was furniili'd with them: And he delighted in
nothing more than in fliewing his multifarious Contrivances. His
Lordfliip was once invited to a philofophical Meal, at the iloufeof Mr.
Evelyn at Deptford. The Houfe was low, but elegantly fet off with
Ornaments and quaint Mottos at moft Turns ; but, above all, his Gar-
den was exquifite, being moft bofcarefque, and, as it were, an Exem-
plar of his Book of Foreft Trees. They appear'd all fo thriving and
clean, that, in fo much Variety, no one could be fatiated in viewino-.
And to thefe were added Plenty of ingenious Difcourfes, which made
the Time ftiort.
Flis Lordfhip had a great Value for Sir Jonas Moor, a capital Mathe-
matician, knowing well his Worth and Hont-fty, bv Means of his Em-
ployment under the CommilTioners for dividing tie Fens; at which
his Lordfliip had prefided. That good Man had taken Mv^Flamflcad,
the noted Aftronomer, into his Protedlion, and, when he was fcarce
able to fubfift in his College at Cambridge, planted him in the Tower,
with Accommodation in the Buildings of the Ordonance, of which
Sir Jonas was an Oificcr; procured him Inftrumcnts, and, at laft, fet-
tled him in the new-built Obfervatory at Greenwich, Sir Jonas once
invited his Lordfliip to dine with liim at the Tower, and, after Din-
ner, prefented Mr. Flamliead. His Lordfliip received him'with much
Familiarity, and encouraged him to come and fee him often, that he
might have the Pleafure of his Converfation. The Star-gafer was not
wanting to himfelf in that; and his Lordfliip was extremely delighted
with his Accounts atid Obfervations about the Planets, efpcciallylhofe
attendant on Jupiter ; fliewing how the Eclipfcs of them, being regu-
lar and calculable, might rec^tify the Longitude of Places upon the
Globe, and demonftrating that Liglit did not pafs inftantancoufly, but
in Time j with other Remarkabks in the Heavens. Thefe Difcourfes
always regaled his Lordfliip ; and, a good Benefice falling void, not far
from the Obfervatory, in the Gift of the Great Seal, his Lordfliip gave
it to Mr. Flam/tead, which ' and the Latin Oratory. He left the
Univerfity, and applied to the Law. His fiift PracSlice was before the
Judicatory for the rebuilding of London after the Fire. There he made
himfelf known, and, as that Court confumed its Bufinefs, he crept
into better in Weftminftcr-Hcilly and was loon let into the Wheel of
Preferment 3 that is, by being put intofome minor Attorncyfnip, as of
the Qiieen, or Duke, I remember not which : But he became the top
Pradifcr in the Court of Chancery ; for he was cut out by Nature,
and formed by Education, for that Bufinefs. He had the mofl: of an
Orator, and was Vv'Ithal the mofl polite and affable Gentleman that I
ever knew v/ear a Gown. His principal Care was to be inllructed,
and then his Performance was eafy. All his Misfortune Iny at home,
in a perverleConlbrt, who always, after his Day-Labour done, enter-
tained him with all the Chagrin and Peevilhntfs imaginable ; fo that
he went home as to his Prilbn, or worfe; and when the Time came,
rather than go home, he chofe commonly to get a Friend to go and fit
in a free Chat at the Tavern, over a fingle Bottle, till Twelve or One
at Night, and then to work again at Five in the Morning. His Fa-
tigue in Bufinefs, which, as I faid, was more than ordir.ary to him,
and his no Comfort, or rather, Difcomfort, at home, and taking his
Refrefhment by excifing his Sleep, foon pulled him down \ fo that,
after a Ihort lUnefs, he died.
His Lordfhip had one Friend, that ufcd to frequent him much, and
was greatly countenanced by him. It was Mr. Charles Porier\ who,
in the Rei for Sale in his Shop , and, it bdng a Te v Thi;:
he would certan, ly hnd Cuftomers. He did (o, and was the fi,4 I^?.'
fon that expofed the Inft, undent to Sale publickly in London But 1 is
Lordrtup perce.v.ng that his Bufinefs lay in other Operations he w- s
more u/ed to, and that he began to flight thele, fen t for Mr. m»n 'a
ZTa'a 'f ".""^"'-"v'^^'- over-agair.ft his Houfe in Chancerv-Lal.
and d.d the hke to him, who purfued the Manufadury to <.reat Per-
fca.on, and h,s own no fmall Advantage; and then others to^'ok it 1
and few Clock-makers. Inftrument-makers, Cabinet-makers and dl!
for c,?i'^"7H"1f • "■'^^^ without them always in their Shops ready
for .ale : And all movng from the firft E/Tays, as I related. Vet oa
Foot by hisLordfli.p He was a true Lover of Arts; and as well for
the Encouragement of that Mr.^/V«., as for his own fpecnkdl' Hu
mour (for he had not Time to pradife Drawin^^) he caufed a rpffnf
n^athematical Inftruments to be'nvide by him. ihi I "t'e t ex nt
the mnds o7m°""'^^ ""' "°',''"§ °^ '''' '^'^^^ "» be' made by
the Hands of Men, more nice, elegant, and curious than thofe are.
Now,
k
Excellence,
Ufs, and De
lijht in Mu-
iick.
[:* I'
196 The LIFE of the late
HULordft>ip*s Now, to iUuflfate his Lordfliip's Inclination to ingenious Arts and
Sciences, I have two Subjeds to enlarge upon. i. Mufick. 2. Pidure.
As for his Mufick, I have already mentioned his exquifite Hand up-
on the Lyra and Bafs-Viol, and the Ufe he made of it to relieve his
Solitude in his Chamber. He had a Defire to ufe alfo the Theorbo and
Violin. He fcarce attempted the former, but fupplied the Ule of it
by the Touch of his Lyra Viol upon his Knee, and fo gain'd a folitary
Confort with his Voice. He attempted the Violin, being ambitious of
the prime Part in Confort, but foon found that he began fuch a difli-
cult Art too late ; and his Profit alfo faid nay to it, for he had not
Time for that Kind of Pradtice. It was great Pity he had not naturally
a better Voice; for he delighted in nothing more than in the Exercifc
of that he had, which had fmall Virtue but in the Tuneablenefs and
Skill. He fang any Thing, at firft Sight, as one that reads in a new
Book, which many, even Singing Mafters, cannot do. He was a great
Proller of Songs, efpecially Duets ; for, in them, his Brother could ac-
company him; and the kalian Songs to a thorough Bafs were choice
Purchafes ; and, if he liked them, he commonly wrote them out with
his own Hand. And I can affirm that he tranfcribed a Book of 7/^-
Vafi Songs, into a Volume of the largcft Qjjarto, and thicker than a
Common Prayer Book. And this was done about the Time he had re-
ceived the Great Seal; for, if he would difcharge his Mind of Anxie-
ties, he often took the Book of Songs, and wrote one or two of them
out. And, as he went alorg, he oblerved well the Compofition and
Elegancies, as if he, net only wrote but, heard them; which was
great Pleafure to him.
His Lordfliip had not been long Mafter of the Viol, and a fure Con-
fortier, but he turned Compofer, and, from raw Beginnings, advanced
fo far as to complete diverfe Concertos of Two, and Three Parts ;
which, at his Grandfather's Houfe, were perform'd with Mafters in
Company ; and that was no fmall Joy and Encouragement to him.
But it was not to be expeded he fliould furmount the Style and Mode
of the great Mufick Mafttr Mr. Jenkins, then in Ufe where he came:
And, after his Capacity reach'd higher, he had no Time to be fo di-
verted. Yet, while he was Chief Juflice, he took a Fancy to fet to
Mufick, in three Parts, a Canzon of Guarini, beginning thus, Cor
mio del, &c. In that, he aim'd to compafs what he thought a great
Perfedion in Confort Mufick; ordering the Parts fo that every one
fhall carry the fame Air ; and, however leading or following, the Me-
lody in each Part is nearly the fame; which is, in Compofing, no eafy
Ta{k.
Author of a Not many Years before his Lordfhip was preferred to the great Seal,
EfllySu- ^^ ^^^* "P°" ^ pleafing Speculation of the real Mechanifm whereby
Sounds
LORD KEEPER GUILFORD.
^pr
A Compofer
cf Confort
Mufick.
Sounds are diftinguiflied into Harmony and Diicord, or difpofed tofi-k, and his
pleafe or difpleafe our Senfe of hearing. Every one is fenfible of thofe ^^^^^^
EfFedls, but fcarce any know why, or by what Means they are pro-
duced. He found that Tones and Accords might be anatomifed, and,
by apt Schemes, be prefented to the Eye as well as the Ear, and fo
Mufick be demonftrated in Effigie. After he had digefted his Notions,
and continued his Schemes, he drew up a fliort Trad", which he en-
titled, j4 Pbilofophical E/fay of Mufick -, not with the Form and Ex-
adtnefs of afolemn Writer, but as the Senfe of a Man of Bufinefs, who
minds the Kernel and not the Shell. This was printed by Mr. Mar-
tin. Printer to the Royal Society, in 1677. The Piece fold well,
and, in a few Years, it was out of Print, and ever fince is fcarce to be
met with but in private Hands. If I may give a fhort Account of his
Lordfliip's Notion, it is but this. All mufical Sounds confifl of Tones,
for irregular Noifes are foreign to the Subjedt. Every Tone conflfts of
diftind: Pulfes, or Strokes, in equal Time ; which, being indiflin-
guifliably fwift, feem continual. Swifter Pulfes are accordingly (in
Sound) fliarper, and the flower, flatter. When diverfe run together, if
the Pulfes are timed in certain Proportions to each other, which pro-
duce Coincidences at regular and conflant Periods ; thofe may be har-
monious, elfc Difcord. And, in the Pradtice of Mufick, the fl:ated
Accords fall in thefe Proportions of Pulfation, 'viz, 4,4,t,t,4» Hence
flow the common Denominations of 8-^, 5**^, 4*'', 3*^, 2^ ; and thefe are
produced upon a Monochord by Abfciflion of thefe Parts 4, 7, 7, |, 4,
Of all which the fuller Demonftration is a Tafk beyond what is here
intended.
But to accomplifli an ocular Reprefentation of thefe Pulfes, his Notation of
Lordfliip made a Foundation upon Paper by a perpetual Order of pa- harmonious
rallel Lines ; and thofe were to fignify the Flux of Time equably. Numbers.
And when a Pulfe happened, it was marked by a Point upon one of
thofe Lines, and, if continued fo as to found a bafeTone, it was mark-
ed upon every eighth Line ; and that might be termed the Bafe. And
then an upper Part, which pulfed as 4, or Odlave, was marked (begin-
ning with the firft of the Bafe) upon every fourth Line, which is twice
as fwift : And fo all the other harmonious Proportions, which fliewed
their Coincidences, as well with the Bafe as with one another. And
there was alfo fliewed a beautiful and uniform Afpedl in the Conipo-
fltion of thefe Accords when drawn together. This as to Times. The
ordinary Collation of Sounds is commonly made by Numbers, which,
not referred to a real Caufe or Foundation in Nature, may be jufl, but
withal very obfcure, and imparting of no Knowledge. Witnefs the
Mathematicians Mufical Proportion. His Lordfliip did not decline
Numbers, but derived them from plain Truths. He found 360 the
P p apteft
298
The Sabjeft
no^^ably pur-
fued by tlie
Viituofi.
Judge of
Pi(flure and
Peripcftive.
77:?^ LIFE of the late
apteft for thofe Subdivifions that Mufick required; and, applying that
to an open String, or Monochord, each mufical Tone, found by Ab-
fciflion of a Part of the String, is expreiTible by thofe Numbers fo re-
duced in Proportion. As 4 of the String pinched off is as 4 or 180 an
Oaave ; and ^ as 4 240 ; and fo of the reft down to the Tone or fe-
cond, which cuts off ^, and the Semitone a 4^ &c.
The Virtuofi foon took up this little Piece, and, during the nine
Days Wonder, were very bufy about it. Mr. Matthews of Sidney
College in Cambridge, was fo affedled that he made a perpetual Com-
ment upon It, and took much Pains to explain the Dodrine of Pulfes
by Experiments; but thefe Profers are all millaid, or loft. I have
been informed that Mr. Matthews left fuch, but could never find in
vvhofe Hand. The ingenious Mr. Hook put this Scheme of Mufick
into Clockwork, and made Wheels, with fmall Litigulam the Manner
of Cogs, which moving, each upon its Pin, as the Wheel turned, ftruck
upon an Edge, one after another, equably ; the Wheel turning flow
the Pulles were diftinguifliable, and had no other Virtue; but then'
turning fwifter, the Diftindiion ceafed, and a plain mufical Tone e-
merged. This for one. Then, another Wheel was contrived toftrike
three to two (for Inftance) and as the Diftindtion began to fail, and
Continuation to take Place, we might hear a Confort 5^^' coming on
and fettling in the manifeft Accord fo named. Sir Ifaac Newton in
Anfwer to an Enquiry what he thought of this Piece, did not come
into the Solution of Harmony by Coincidences, which he faid, and
truly, cannot be the fame to all Ears (as the Accord is) in diverfe Po-
fitions ; but, as his Way hath been to refer to Qualities, he ftyled an
Unifon,to bean harmonious Confent; by which one underftands No-
thing. But, as to Coincidences, if they are fo at the Inftruments, the
Virtue is difpofed quaqiianjerfum, while the Waves of the Sounds en-
large every Way, and the Ear is affeaed with the Order of them where-
ever it is planted. In 1682 Dr. WalUs publifhed his Ptolemy, and
fubjoiiis a notable Appendix of Mufick ancient and modern, and pur-
fues his Lordftiip's Scheme, but in a different Manner. In 1694, Dr.
Holders Piece came out ; but fo puzzled with Numbers that it is un^
eafy to read; and he makes great Ado about dividing Tones Major,
TonesMinor,Diefesand Commas, with the Quantities of them ; as mofl
.Authors have done. All thefe Works, as I judge, were fpirited up by
his Lorddiip's Eftay, which came out long before them. And, ever
fince, the Philofophy of Mufick hath been more courted than for-
merly.
The other Head of his Lordfliip*s Entertainment is Figure ; a word
I choofe rather than Painting; for, of that I can afcribe nothing to
him. He never took a Pencil in his Hand, nor attempted any kind
of
299
LORD KEEPER GUILFORD.
of Draught, excepting fome Mathematical Diagrams, and a little of
Perfpeaive, which is a Branch of the Mathematicks. He had a good
Tafte of Pidure, and knew wherein the worth of them confifted, and
feldom failed to point at the Faults, and to declare the Excellencies
of a Painting, at firft Sight. His Talent was not performing, but
judging ; efpecially of what flowed out of the Art of Perfpedive, a-
gainft which moft faulty Pieces are Offenders. No Man living had a
jufter Idea of Perfpedive than he had. Which AfTertion I make eood
by a Fragment of his writing upon a Piece of Paper, viz, « Perfpec-
** tive is a Projedion of a concave Hemifphere in PJano, with ftreizht
<^ Lines; which is very imperfed, and not tolerable in a large Segment
« of a Sphere ; but will be perfed in a Hemifphere, where the infi-
" nite Diftances terminate in a Point, not only in a horizontal Line
« but, upwards and downwards, and on both Sides; and all ftraight
« Lines, except thofe which are in the crofs Diameters, are defcribed
« by Curves." This needs a Comment, by explaining the whole Art
to make it to be nicely underftood ; which I fhall not attempt here '
In the Science of Pidure there is a Skill peculiar to Painter*: and r
fuch as pradife Draught; that is, of the Style and Handling Colour- t^T^
mg, and Manner of the noted Mafters, whereby the ProfefTors pretend '"'*''^''^^^^
to know Copies from Originals, and the true Sublime in Pidure All ^''''^'^^'
which flows from perpetual Obfervation, Inftrudion, and Variety of
Experience ; and an Artift's whole Life is little enough for gathering
a competent Qualification to warrant his Judgment. His Lordfhip al-
ways loved to fee Variety of good Pidures ; but was a minor Critick
till his Acquaintance and Aflbciation with Sir Peter Lely was embra-
ced ; and then he began to fee how little he underftood of the Matter
Sir P^/^r was a ^yell.bred Gentleman, friendly and free, and, not
only an Adept in his Art but, communicative, and had a crreat Collec-
tion, confifting of Pidures from the Hands of the beft Mafters and
a Magazine of 5r/2;;s/V, and Drawings of diverfe Finiftiings, which had
A? "i '1 th ^°"^^^^^' \ "^^y ^^y the Heart, of great Defigns and
Models, befides Prints of the beft Gravers. His Lordftiip had free
Accefs to thefe v^hich, with the occafional Comments of that great
Artift, were fuflicient to eftablifli (if not a Critick) a true Lover of
Painting. '
The Introduaion to this Acquaintance was by Means of Sir Peter „„^ ,h, Ac
Lely s chief virtuofo Fnends about the Court. For, after he was quaLt?"
grown rich, and had Children, he often complained of the Want of """"'""'^
fome good Friends, who might advife and affift liim about fettling his 'hem!™
Eftate that his Children might be fure to enjoy what he fhould leave
•^\,: ^"^ ofi^^"^ aited him why he did not get acquainted
with Mr. Attorney-General, who was the fitteft Perfon in Erig/a^d for
P P 2 his
300
Iff
Kind to
young Peo
!(' .'1
f
iti '
( >. I,
T&e LIFE of the late
his Purpofe ; and he offered to bring Mr. Attorney one Night to fup
with him. This was no fooner faid than done ; and, from that time,
the Friendftiip betwixt them was ftruck up. What Advantages either
Side had thereby, will be mentioned in a proper Place. How his
Lordfhip continued his Favour and Friendfliip to his Son after his
Death, will appear when I come to {hew the Part he adled in a more
exalted Charadler ; and that is. Benevolence to all Mankind, to which
I now proceed. Wherein I fhall demonftrate, from numerous In-
flances, his univerfal Inclination to do Good to all Men, according as
worthy Inflances offered themfelves.
I muft begin at the lower Form, which was his taking Notice of
^ young Perfons : He was no fooner arrived at Man's Eflate, and a
p.can 1 era. Shifter for himfelf, but he became a Friend to others that lay behind,
and came after him ; and he took a Pleafure in doing Things in a
Manner as might befl pleafe and divert them ; particularly his younger
Brothers, who, by way of Fund for petit Recruits of Money, at all
Interviews ufed him as their own. And thereby he fhewed his intrin-
fick good Nature; for, if Adtions are to be prized by their Effeds, the
greatefl Bounties among Men have not a fublimer Effe(ft of Joy, than
fuch Liberalities to young Scholars. But then he exaded a fevere Re-
tribution of hard Queflions, and puzzling Fallacies of the literate kind,
put upon them, as was touched elfewhere; but they, with the Pru-
dence of their Betters, pocketed up all fuch Wrongs.
His Lordfhip had an Opportunity of doing one generous Adl, witFl
a Continuando during all the refl of his Life. It was taking Care of
the Head of his Family, as the Northern Men ftyle the elder Branch,
or lineal Heir of the old Stock. This was Mr. Robert North, eldeft
Son and Heir of Sir Charles North of Walkertngham in the County of
Nottingicun, Edward Lord North, the firfl Baron of his Lordfhip's
Family, was a younger Son of old Sir Charles of IValkeringham. But
(waving Pedigrees) this Gentleman's Father was a Cavalier, and per-
fecuted in the rebellious Times, and, after the Reftauration, or there-
abouts, was made High Sheriff of the County. His Under-Sheriff
proved an infolent Knave, and his Security infufiicient, whereby great
Troubles and Loffes fell upon him; and he died leaving his Family in
a deplorable Condition. He left but one Son, this Mr. Robert North,
but diverfe Daughters, and about fixty ?o\M\ds per Ann, clear Eftate to
provide for them all. The Son had been well bred at School, and
could write well, and was fo good-natured as to confider that, if he
ftaid at home, without fome beneficial Employment, his Sifters mufl
want. Thereupon he took a Refolution to go abroad and feek his For-
tune, leaving all he had to his Siflers to make the beft for themfelves
they
His C .re of
the elder
Branch.
LORD KEEPER GUILFORD. 301
they could out of it, and thought not of more for himfelf than he could
gather by his Induflry.
Coming to London, what with writing, and other officious Services, The young
as by fome Acquaintance and Recommendation he found Means, he f,^i"'' ^^^^^
poorly fubfifted. It happened that ^\v Dudley North, his Lordfliip's h';viou'r";hi6'
Father, wanting a Clerk for his Juftice-Bufinefs in the Country, took LordO-.iy t--
this young Man who was recommended for a good Writer, faithful ^^^^''^C*-''^
and induftrious. There was not at that Time, and for diverfe Years
after, any Relation of him, to that Family, known ; but his Beha-
viour made him efteemed by Sir Dudley North to the Degree of a Fa-
vourite. His Defign was to keep himfelf concealed, and to bear his
Misfortunes within himfelf, as well as he could. But he lived under
a continual Refentment and Melancholy, ever complaining of inward
Infirmities, without faying what j and the Family gave him for gone
of the Spleen. And in Truth, even after his Circumflances were
mended, that Infirmity had taken fuch Root in him that it became ha-
bitual, and he could not fhake it off as long as he lived. So dangerous
is it to let Imaginations get the upper Hand long together. Sir Dudley
North obferved fuch flrong Tokens of an inward Difcontent, that he
could not forbear urging him to fay if any Thing, relating to his Ser-
vice, was uneafy to him, and he would take Care it fhould be reme-
died. No, all was exceeding well, and his Place better than he ever
hoped for, or deferved. And Sir Dudley North fo often urged him
upon thefe Points, and particularly of his Country, Family, Education,
and the like, till he had extorted from him that he was the eldefl Son
of the IFalken'ngham Family; and, from that Time, he was owned
as of the elder Houfe, and lineal right Heir of the Family, and treated
with all pofTible Refped^ and Service. But ftill he kept his Pofl, and
made no Sign of any Defire of a better.
During this Time, his Lordfhip advanced in his Profeffion, and was Couifeoftlus
made Judge of the royal Franchife of the Ijle of Ely, and at his firfl Gentleman's
AiTiies (with Leave of his Father) took this Gentleman with him,
and made him his chief Officer, and fent him home with good 30/.
in his Pocket ; for which Kindnefs Sir Dudley heartily thanked his Son
Frank, as for fo much done perfonally to himfelf. But this was an
Earneft of more to come after ; for when his Lordfliip was made
Attorney General, he defired his Father would part with him, to
come up and take the Place of chief Clerk under him, which was
called of the Confeffions. And it was not without the greatefl Re-
ludlance that he yielded to it; and no Inducement, lefs than his be-
loved Clerk's Preferment, which of all Things he defired, would have
prevail'd upon him to confent. But, after that, there was a notable
Stir to make the Gentleman remove j and I was employ 'd to work
hioi
menc.
30Z
jfi'
'1
H I:
It''' 1 ,
Ml
»i}i'
D
*.
Care of the
Mor Jaunts,
and Trochees,
Relations.
I'l f;
72's Place. So we have bad, as well as good, Ex-
amples, to inflrua fuch as are pleafed to mind thein
There was a Family, nearly related to his Lordihip, whofe Name L,keror.hc
was a.«/^, where two younger Brothers, his Aunt Dacres\ Grand- ^'"""•
children, were left without any Family Provifion, and had been sria JT"?" ^ro-
tuitoully educated by their Grandmother ; but w;nted to be put fnto i^S.::^.""
the
m
It*'
304 7&and's Goods for her Subfiftence. I moved the Kin^ in her Fa-
" vour
fury.
R r *^ Her
(C
and the King referred her Petition to the Lords of the Trea-
"^«
3^4
iij
t<
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t<
cc
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C(
cc
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773^* LIFE of the late
** Her Hufband was a very ill Man ; but her Friends are Very loyal
and good; and, for their Sakes, I was defirous her Hufhand mipht
have been pardoned, which had been moved by tlie Duke q^ Albe^
marie. But becaufe the Profecutors were the Officers of the Mint,
and the Crime was rife, it was thought a Pardon would have done
great Prejudice to the Public. His Cafe was this.
'* A Fellow was accufed for Clipping who had no way to get ofF
but by accufing others j he accufed this Man, (who had been one of
his Companions in Roguery, and lent a Room to work in, and
fold Silver for him) but denied at his Death that he ever joined in
clipping with him (as he fwore at the Trial) and this Man was
bound over, but, at the Seffions, had nothing to fay againfl: him >
whereupon he was difcharged. For Fear of this, the Witnefs gets
him taken up again, and, though he faid nothing againft him at
« the former Seffions, now he preferred an Indidment, and fwore fa
** fully that he was convided and hanged upon it.
<' He denied the Fad at his Death, though he confefled many ill
Things againft himfelf ; and, which is very obfervable, the Wit-
nefs was committed afterwards for ftealing, and was hanged him-
felf.
" After all this fet down, I hold no Argument ought to be made
with fuch a Refledion on the Proceedings of Juftice; but the only
Argument will be that her Friends are very loyal. She was a Gen-
tlewoman of a good Fortune; and it is but a fmall Matter that is
left ; and it would be hard fhe fhould be utterly ruined when her
«< Friends had Interelt enough to have got her Hufband's Pardon, if
<« the Example of the Public had not been concerned.
" It need only be faid I recommended it, unlefs the Particulars are
« afked.
What was done in this Matter, is not now material to be known.
The Defign of this Paper was to get a favourable Report from the
Treafury upon the Woman's Petition. The whole Tenor of it fliews
a juft and compaflionate Mind, and judicious Expreflion ; for which
Reafon I have given it in the very Words, for no Epitome is fufficient^
I think it is of fmall Moment to give an Account of fome pecuniary
Benefadions, as to Trinity College Library in Cambridge^ Trifiity
fo"h?cier^yi College in Oxford^ and the Pari(h- Church of Harlow, and fome others,^
particularly becaufc they were not great. It is enough to fay that his Lordfhip
was a noted Encourager of all learned Foundations, Societies, and
Perfonsj and moft of all, the conformable Clergy and their dignified
Superiors. He never failed to do them Juftice; which being their
Due, no Thanks to him ; but only as it was a Strain of Popularity to
do them Wrong. He revered their Order, and advanced, rather than
flayed
.
flayed to be importuned for his Ads of Benevolence and Advices.
He ufed to difcourfe familiarly with them, and communicate his
Schemes, as he thought might aid their Underftandings, in the Con-
dud of their common Concerns. And he ufed to take a Freedom to
afk their Thoughts in Queftions of Hiftory, Theology, and Civil Law.
He advifed them to ftudy more of the common Law than was ordi-
narily found amongft them. He had a great Refped and Value for 1
the incomparable Dr. Hicks, fometime Dean of V/orceJler, His Lord- \
fhip had Knowledge of him firft at the Duke of Lauderdale* s, where I
he attended as domeftic Chaplain. He was a truly venerable, learned 1
and pious Chriftian Minifter, of a primitive Spirit, Patience, and Re- '
folution. In his ftupendous Work, entitled, Thefaurus Linguarum \
Septentrionalium, &c. in his Preface to his Grammar, Franco Theo- l
tifca, fol. 8. he gives this Teftimony of his Lordiliip's Goodnefs to
the Clergy.
Ante fedecim, auteo plus, Annos, vixit Vir Ampliffimus fapientifii-
mufque, & fui Temporis Jurifconfultus fine pare maximus, Francifcus
Dominus North, Dominus Guilford, Carolo 2°. & Jacobo 2^ R. R.
Angliae magni Sigilli Cuftos, qui me multum & familiariter utebatur!
Itaque multa ab eo prudenter difputata, multa etiam breviter & com-
mode dida Memoriae mandabam, ut qui fieri femper ftudebam illius
Prudentia dodior. Is autem, cum faepe multa narraret, turn praeclare
mernini domi in Coenaculo fedentem, cum & ego eflem una, & pauci
familiares, in fermonem de Proceribus Sacerdotii incidifle ; in quo
epifcoporum Vicem magnopere dolebat vir maximus ; utpote quorum
Authoritatem, diu in Senatu labefadatam, tum ferme jacere dicebat,
ex eo quod ad Rotulorum Parliamentariorum Studium, contra Prsede-
ceflbrum fuorum, qui in anterioribus faeculis floruiflent, minime ani-
mos appuliifent. Memini etiam faepius audiviffe ilium vehementer
hortari egregios e Clero Viros, tum qui fadi Epifcopi erant, tum quos
ad Epifcopatum deftinatos effe fciebat, ut in Rotulorum iftorum ftu-
dio, quas fenatoriarum rerum quafi Biblia appellabat. Node Diequc
fc exercerent. ^
In EngUJlo to this Effed :
About fixteen Years ago lived that great and wife Man, and the
ableft Lawyer of his Time, the Right Honourable Francis North
Baron of Guiljord, Lord Keeper of the Great Seal to King Charln
and King "James the Second. I had the Honour of being one of his'
particular Acquaintance, which gave me frequent Opportunities of
treafuring up in my Memory many of his iiiftruding Difcourfes, and
no lefs excellent Sayings; which 1 never failed to do, being ever de-
R r 2 firous
3^r
3i6
in ^
•■) 1
'M
Enemy to all
Projectors
and Court
Harpies,
III.
I'iiw.
Conduct a-
iriidll his Fa-
mily.
..t ' !'
77je LIFE, of the late
iirous of gathering from him wherewith to add to my own Stocks
But I remember once in particular, that this noble Perfon, whilfl he
was fitting in his Parlour with only myfelf and a few more of his
Friends, took Occafion to enter into a Difcourfe of the Prelates of
our Church ; wherein he expreffed great Concern for that Order ; in '
Regard that the Refpecft, formerly paid them, after having been upon
the Decline for thefe many Years, was now almoft quite laid afide ;
which he attributed to their negleding to ftudy the Parliament Roll?,
contrary to the Cuflom of their PredecefTors in former Times. I
have likewife often heard him earnefrly recommend the Study of thofe
Rolls to fome of the greateft Divines, as well thole that were already
Bifhops, as thofe whom he knew were defigned to be made fo ; be-
caufe he faid that, as to all Parliamentary Tranfadions, they were a
very Bible.
So teftlfies this great Man, who cannot be accufed of flattering a.
Perfon then dead.
There are many PafTages, in the current Relation of his Lordfliip's
Life, which might fall in properly here ; as the conftant War he main-
tained againfl all Monopolifts, Projedors, and other Deceivers of the
People ; but, being of a public Quality, I have not drawn them down
in this Place : Only I mufl add here, as a negative Benevolence, if I
may, with Refpedt to the Adions of fome others, fo term it; that,
when Forfeitures of Goods and Eftates flew about at Court, and the
Harpies continually begging them, his Lordfliip never had a Thought
of profiting to himfelf out of the Misfortunes of Families, as when the
Lord R. obtained the Lord Grey of Wark's Eftate, and the Lord J.
that of Prideaux, &c. but, on the contrary, as in the Cale of Jack-
Jon, where he faw Reafon, inclined to aflill: the miferables: And once,
when his Lordfhip interceded with King Charles the fecond for his Fa-
vour to one that was obnoxious ; // is very Jirange, iliid the King
(mofl: facetioufly) that every one of my Friends keeps a tame Knave,
Let us now retire with him into his Family, and (liew what he was
in his private Charader, and how he paflTed his Time when at a Di-
flance from the public Stage ; and there fliew him a no lefs indul-
gent Mafter than, as we have before demonflrated him to have been, a
mofl: ferviccable Friend.
After the Death of his Lady, his Lordfliip parted with his Houfe
at Hammerfmith, and pafled much of his vacation Time at his great
Houfe in JVroxton ; where he had ufually with him his two Brothers
(one of the three being not then returned from Turky) and his Sifters,
with their Appurtenances, a Company which he ftyles in one of his
Papers, Societas exoptata, or the Company he was moft defirous of.
LORD KEEPER GUILFORD.
And thofe he never cared to be without when he might have them. At
London, they fell into a curfory good Fellowfliip, I mean in a civil
Senfe ; for, every Thnrfday Night, the Meeting was at Sir Dudley
North's in the City, and, on Sunday, with his Brother at his Chambers
in the Temple ; but, at his Lorddiip's, almoft every Day. Which Fe-
licity had no Allay until the Appointments were known, and then
fome Friends at large would find them out, which was not fo well.
In the Country, his Lordfhip entertained himfelf with fetting his
great Houfe in order; and although he was afraid of Building, left he
might find himfelf engaged in over expenfive Undertakings, yet he ven-
tured upon a large Order of Stabling, very ftately and convenient j
and he built from the Ground a withdrawing Room and back Stairs,
and finillied up th^ Rooms of State, as they were called, and fliaped
the Windows, which, before, had made the Rooms like Bird Cages.
He never would hearken to any Defigns of Waterworks, or Garden-
ing, although the Situation was hilly, and, in fome Refpeds, very
inviting. But yet his Brothers were always meafuring and mapping ;
and thefe modellings pleafcd his Lordfliip to look over and wrangle
with them about.
He was a very indulgent Mafter to his Servants, and never parted
with any but for Knavery (when it appeared to him) and of that I
knew but one Inftance ; but that was a flagrant one. When he was
Solicitor General, he took one John Zacharias Smarthwait, a Fellow
of good Addrefs, and creditable, and made him his chief Clerk. When
the Town oi Taunt on- Dean renewed their Charter, this forward Fel-
low got to be employed in it: He impofed upon their Credulity, pre-
tending much Service by his Attendance upon Mr. Attorney, and, in the
End, cheated them of 200 /. His Lordfliip neither allowed nor knew
of any fuch Trading ; and it no fooner came to his Knowledge, but he
drove him away as an Infedion, leaving him to the Town to worry as
they thought fit ; but he was fecure in being worth nothing. How-
ever \\\ty_ had a Revenge; for lie died a Beggar, and crippled with the
Pox in IVhite-Fryers. His Lordfliip's Indulgence to Servants coft him
very dear; for moft of them were but Eye-waiters, and dilisent onlv
for fear of lofing their Places, otherwife negligent and wafteful. And
he ufed to complain that he could not turn away an unprofitable Ser-
vant,^ without being urged as if he went about to'ruin the Fellow.
Hi^s Lady had much of the fame good Nature, and did all flie could
that the old Servants might not think fhe wrought any Thing prejudi-
cial iX) them; and when his Lordfliip mentioned any Defign o"f Reform
amongft them, flie would fay No ; for then they ii;ould be 'u-o'Je than
ihey were before. She had found out when her Hufl^and Imd any
Trouble upon his Spirits; and flie would lay, Come, Sir Froiicis, (a's
Iha
3^7
His Thought
of builJing
and finidiing
his great
Houfe.
His Indul-
gence to
Servants.
His Lady's
Good-nature
and Tcndec*-
ncfs.
3i8
fllilif i
I'll •
■ ■ 1 ,
PisLordfliip'
Thoughts of
a fecond
Match.
;.'!
\rMi,
n
''it*'
..Vi.'i
$.
rioe LIFE of the late
flie always flyled him) you p.mll not think ; we miiJI talk, md he mcrn
andyoujbcill not look upon the Fire as you do, I know fojnetbinn- trou^
blesyou J and Iwill not have it Jo. With many fuch oblirrin^ fmpor-
turiities, (he put him out of liis Dumps. And thefe kind Forms never
ottended him, as morofe Pcrfons arc often offended -, but he corrc-
Iponded with chearful and engaging Replies. And, on the other Side,
he was always tenderly concerned for her in all her Sickneffes; fo
that her Infirmities were not of one, but of two. And he always con-
lulted and conferr'd with her Phyficians about her Regimen, in order
to better Health. And, in the furnilhin^ her with Jewels, Plate, or
l^urniture, he always complied with her Defires ; which, Circumftances
conlidered, were not at all unreafonable.
'- After a competent Time, his Lordfhip was not without Thoughts
of matching himfelf again; and Beadrolls of Rcafons, /re and r^;/ pre-
fented themfelves to his Mind, which took up no fmall Time to di-
geft, and thereupon, with a clear Satisfadion to determine; and, at
lafl, the Negative carried it. The chief Reafon, which he declared,
was that he would not have two Broods in his Family, to perplex him]
and endanger the bringing Difad vantages upon his Children by the firit
Venter. And thereupon he lived a virtuous Widower, without Scan-
dal, and much to his Honour, all the reft of his Life. But afterwards,
in his laft Sicknefs, while he was drinking the Waters, he feemed to
repent that he had not taken a Wife ; for then he thought that fuch
a Friend would have inftruded him in a better Regimen of Health,
as letting Blood, and taking Phyfick fometimes, which he had not
done for many Years, and might have prevented his Fever. Be-
fides, he fancied that, in the Night, human Heat was friendly. Once
he was in a Humour to blame his Family Phyfician for not watching
his Health better, and (almoft) forcing him to take Phyfick. But,
when he was told that he ufed to repel from him all Overtures of that
Kind, he feemed fatisfied, and faid no more. I remember he once
afked his Phyfician if he could cure his courfe of fpitting, which was very
troublefome. r^j, faid the Dodor. 5//^ //j^;/, anfwered his Lordfhip,
iioill not that bring upon me worfe Inconveniences^ I cannot a?ijwer for
that, faid the Dodor. So the Cure, of his beft Cure, was not entered
upon. When, after his LordQiip's Death, the Apothecary's Bill was
paid ; the Man, irritated with the Executors Expoftulations about the
Prices, and the length of it, laid all the Fault upon the Phyficians,
faying, he ivas to dijpenfe what they prefcrihed ; and that my Lord
Keeper had been all his Life an Enemy to Phyfick ; hut now he thought
that Phyfick had met with him.
After
m
LORD KEEPER GUILFORD. 319
After his Lorddiip had the Great Seal, his Occonomy In London was Oeconon^v
very much altered. He had his Stables adjoining to his Houfe and --'-'^^'^'^'-^
a formal (good for nothing) Mafter of the Horfe ; but he was an old Greats! f
Cavalier, and a Neighbour and Acquaintance of the Wroxtcn Family
and could fmoak, and tafte Claret ; which Qualifications fupplied Care
and Skill in his Office. There was a Major-domo, or, rather, Prefed
of Eating ; and having a good Stroke of his own, was fit for the Em-
ployment. His Table, which comprifed the Gentlemen Servants,
was kept in good Order; but the inferior Servants ate like Harpies at
the Catch, and, to fay Truth, moft fcandaloufly. Thofe, whofe Of-
fice it was to obferve them, gave themfelves no Trouble with fuch
Matters; and his Lordfliip knew nothing thereof What fell in his
View, which was the Butler^s and Waiter^s Offices, was very well
performed. He had one Gentleman Waiter who was of a fintrular
Charader ; he was an arrant Coxcomb, void almoft of common S?nfe
and yet the moft exquifite Obferver of his Duty in all formal Refpeds'
He was as fure at Call as the Door-poft. I never knew any one at the
Table look, as wanting any Thing, that he had not inftandy in his
Eye, and readily fcrved. And to give one Inftance for all, to fliew
the Top of h,s Formality: In travelling, if he were detached upon a
Meffage he did not turn and go off diredly, but rode before, and
planted himfelf as making a Guard till the Coach went by and then
made his Devoir; as much as to fay, lofrveyour Commands', and
have you any more ? With thefe Obfervances he got Credit with his
Lord and all the Family ; and dying, as he did, ofaPleurify, was
accounted a Lofs not eafily fupplied. His Lordftiip's Cuftom was
after Dinner to retire with his Company, which were not a few, and
of the beft Quality in Town, into a withdrawing Room ; and the
Tea-table followed where his youngeft Brother officiated ; and him
his Lordftiip often fet at the Head of his Table, for want of a Ladv
to carve. His Suppers were in another Room, and ferved in a more
familiar Way and where his beft Friends, and fome (painted) Ene-
mies ordinarily affembled. And this he thought the beft Refreshment
the whole Day afforded him; and before twelve, he retired, and, after
a Touch of his Mufick, went to Bed: His Mufician not leaving him
till he was conipofed. So that never any Perfon had more affured Wit-
neffes of his Converfaticn, than he had; and if ever Mufick was a
Relief to a Mind overwhelmed with Troubles, it was fo with him.
Hitherto of his Lordffiips Retiredments, but chiefly within his pri- His Loran.y«
vateOeconomy, Relations, and Servants; without lookin- into the P--y an/
Public, and as if he had nothing to do there; which, perhaps may ^'^'''^''*
have led us to touch upon Circumftances lefs proper to be noted in a -
Lile of his Importance. But, now, I muft caihier all thofe Matters,
and
! .1.
11 ! I,
111 ^ti
i;;:|i I
llH'i.
'life.
PI 'i
ri ■■:
3^^
Madi'rv of
his Puiion?,
and Ufe of
SfecHlnms.
The l.irE of the hie
^.nd retire with his LordHiip into his Solitudes, and (hew him there as
he was both a moral Philofopher, and a good Chridian, incellantly la-
houring to improve the Faculties of his Mind, and alio to coerce all
Exorbiumces as well of his Inclinations as Pafi'ions. And if we find
any real Symptoms of his prudent, faithful, and (I had almuft faid)
prophetic Speculations, regarding either himfelf, or the viift Confe-
quences of his Employments, we fliall lay hold, and make the bell
we can of them, and lay with Virgil,
Paulo Major a canamus.
So I proceed to note his Lordfliip's Manner of dircdl and reflex think-
ing, and what Endeavours, as well ;.s Artifices, he ufed to keep his
Mind at eafe, his Judgment fledy, and, when wavering, to confirm
it-
His Lordfhip wasfenfible of many natural Infirmities. I have alrea-
dy mentioned his innate Modefty, and how apt he was to Pafiion, and,
upon any Offence, ta inflame/ and more than ordinarily inclined to
be amorous: Not forgetting that, coming into the World with little in
prefent, and nothing expeded from his Family, he was very folicitcus
of keeping within Compafs, and then to improve his Fortunes. And
yet he broke through his Temper, and acquired a commendable Alfu-
ranee, and kept under his Paflions to fuch a Degree as made him be
thought mild and difpaiTionate 5 and, while unmarried, lived vi'tu-
cuflyt and without the leafl: Scandal, or Occafion for it ; and, as his
Cond'ition mended, became eafy in his Expences, and bountiful to
many. It may be now afkcd by what Arts and AlTiilances he gained
thefe great Vidlories over himfelf. I muft anfwer firft, in general, that
Strength of Reafon and Pvcditude of Will gave him fuch a Maftery
over his Temper; but withal, i. That when he fell under any Deli-
beration of great Concern to him, and the Point was nice, and Itood
almoft in /Equilibrio, he took his Pen, and wrote down the Realons
either Way, as th.ey fell in his Mind, in any Words, or Manner of
Expreflion ; and liad that Paper, for the moft Part, lying in his Way;
which gave him frequent Opportunities to weigh the Cogency of them.
2. When he obferved himfelf, in his Mind, unftedy, or difturbcd,
he fet down the Truths that ought to confirm him ; and fo upon Oc-
cafion of diverfe Emergences of his Life. And thefe he titkd * ^pe-
culuim, which frequently admoniflitd him of fomc growing Fond-
* The E»j//> of this Word is a Lookin;; glifs, or M=rror, wherein nn/ one may H-'e his own
Image. And f:cm th.nce his Lor.'fliip, by a Mct.phor, called thfc Pup-<^ ^pecu.ums i hcr^Mh,
as a Man looks in a Mir;or, inoider to be acquainted wuh hi^OuthJei io by lookin;/ uiv.u w ^^t
v/as written in thcle Paprrs ho n^i<,ht f c his Ii.fiJc, end have a thoioui^h Knu\vicd-c ot ihe
.Inner- Man, his Exc^ik-nci.:, and Impeifccftions. „
nclTes :
LORD KEEPER GUILFORD.
3»i
Piir-
Cou:t.
nefies: For when he perceived the Rifing of them, he took up his
Speculum, which foon reduced them. (Jf thefe Specuhims he had
many that lay loofe about his Deil;; and but few 6f them are come
to my Hand : And fome of fuch as I have, I iliall prefent as Speci-
mens. *
^ His Lordfliip, by certain Symptoms, obferved fome Mifchief brew- Reflexion,
mg at Court, which drew him to fet down thefe Notes, that he might "Po"^"^ '
often reflect upon them. Lgeat
Whyhaflened? I ^'^'^^^^ ^^^^ Matter was, which occafion 'd this
. r r^- r I. QiL^re, I caunot remember, nor, with clear Sa-
tisf^aion, guefs. Probably it was the Reform of the Council, whereby
the Lord Shajtftmry, and all the Malecontents were let in. Perhaps
the following may explain it.
For that Imprefilons, made 7 It was ufiial for the perverfe Party at
at Newmarket, fliould not ^' Court, when the Kina was to be
be reinoved here. ^ wrought upon to do fomewhat crofs
to tne IXiiniRry, to befiege him at Newmarket, where they (the Mi-
nifiers) did not attend, and, having gain'd a Refolution, at the Re-
turn, to precipitate tl.e Difpatch, kit better Advice fliould alter it.
Tins feems to have been at the vernal Meeting, and agrees with the
former Conjedure ; lor the Experiment was tried not long before the
Meeting of the abhorring Parliament.
Flis Lordlhip follows this with thefe Queries.
Why f ch a Stir to 7 It was forefeen that the Parliament would be a.erlesfouch-
oppole Petitions? 5 very fevere againll the Anti.petitioners ; and ['gP^v.cesof
who fliould be moved to oppofe them, but fuch as vvere already ob- ' ''''^"•
noxious? And that Courfe was mofl like toexpofe them to the Fury of
the Parliament. And this was an hopeibl Way to have the King's
rnends torn from inm. °
Why mufl Judges be com- 7 This was noted elfewhere ; where it
manded to d.icountcnance ^ is remember'd that the Earl oi Sun^
oneandtofliewaDiverfity? N derland (always in dark Pradices) in
the abhorring Vacation, ordered the Judges as here is queried; and,
w.thal to declare that the Laws of Recufancy fliould not extend to
Frote/fant Dijfenters,
Why Commi.Tions purged 7 That is for being concerned with the
_ upon that Point ? J Petitioners, or, at leaft, not being adive
in oppofing Petitions. ^
Why Corporations 7 Thefe Oaths were proper for Officers in Cor-
held to the Oaths ? i porations 5 but it was required they fliould be
preflTed upon all Freemen, contrary to Law,
S s
Why
■' ' -I't ' ' '
jzr
- I
•:l
I u
I lit i
ifffi '!■
5H.
'-flr
of Aflbciation preffed ;
and the Bailing of the
Earl of Danby ?
The LIFE of the late
Why were Commiffion^'^ When the Charter Juftlces would not,
'^ ^ as they feldom would, do their Duty a-
gainft Sedlaries, and feditious Perfons, it
was urged that the King Ihould aflbciate
other Juftices out of the Country, by fpecial CommifTion, to fit and adt
in the Corporation with them. I do not remember that any of thcfe
iflued ; but the Legality of them was more than fufpcdted ; and they
would have malecontented the Corporations, having the Claufe ne in-
tromittanty in the higheft Degree. And, as to the bailing of the Earl
of Danby y who lay committed upon an Impeachment by the Parlia-
ment, it was urged that it fhould be done by the Oyer and 'Terminer
at the Old Bailey. His Lordihip was of Opinion it could not be
done.
Caufa Patet. \ All thefe Matters were extraordinary and ir-
The Reafon is plain. ) regular, but would have been Matter of fu-
rious Blame in the Houfe of Commons, and fallen hard upon the
King's forward Friends. And that was it which his LordQiip under-
ftands to have been the Intent of the Earl of Sunderland and others that
pufh'd them ; and not a little pointing to aggravate his Cafe in Parlia-
ment. But this will appear more luculently in the next.
Why muft I difcharge the Jury ^ It was forefeen that the Ignoramus
for Fear of a Prefentment ; and Jury, at the Seffions, would pre=-
fuch ado about the Sheriff of
London^ and Application to dif-
charge others after ill Ex. and
Rec^ put K. upon it, and Sec. I
come of that Mefs.
Caufa ea^em.
The Reafon is the fame.
fent the Duke of Tork as a PopiJJj
Recufant. To prevent this, by
> a Difcharge of the Grand Jury,
would have drawn an Accufation ;
as, for the like, the Judges of the
King's Bench, were im peach *d.
J His Lordfhip put by this indif-
creet, or rather treacherous, Pafs, and let the Prefentment come, and
then it was immediately removed by a Certiorari, which did not af-
ford any Matter of Charge. The Stir about the Sheriff oi London, I
fuppofe, was the Order to reform the Pannel, noted in the Exameiv,
which was much Squeak and no Wool, but an impertinent Contention
to no Profit. And that Order was managed and carried by his Lord-
fhip, and fome of the Pannel difcharged ; which he thought of no
good Example, and deems that the Recorder 'Jeffries, and the Secre-
tary Sunderland, put the King upon infifling that, not being againft
Law, it fhould be done, and alfo that thofe Courtiers intended by it to
heap Coals of Fire upon his Lordfliip*s Head.
To
LORD KEEPER GUILFORD.
To make Electors take the
Corporation Oath, and charge
the Judges to fee good Juries
of Anti-petitioners, and Scru-
tiny afterwards.
3*3
This of Oaths was touched be-
fore j but this brings it to the Par-
liament ; which would have been
termed downright packing the Par-
liament, though, as to Choice, it
had fignified nothing: For, at that Time, the Temper of the Public
would not admit a Choice fair for the Crown ; and thefe Provocations
did but exafperate the ill Humour : And the Charge to the Jury was
an egregious Trapan ; but fruflrated, as hath elfewhere been noted. I
am not fatisfied as to the Meaning of Scrutiny afterwards. Perhaps
it intends an Enquiry into the Behaviour of the Judges, and who
obey'd Orders, and who not.
This following PalTage is fomewhat remarkable, and therefore I fliall A remarkable
infert it here. Paffagc.
Mich. S\r Edward Hales. \ Y\\^'"*'J^' ^t^}^ T/ ^^" "^
3 rlorid Parts, and had made fome undue
Advantage in dealing with one of the Sons of Mr.Lechmere, a Bencher
of the Middle-Temple. This was referred to hisLordfliip; who, find-
ing the Cafe foul on the Part of Hales, determined againfl him. But,
at this Time, Hales, though fomewhat concealed, was no better than a
Papijf, and had engaged all the Court Intereft, of that Party, to urge
in his Favour; which gave his Lordfhip no fmall Trouble, and occa-
iion'd this Remembrance of him, intended to be explain'd at Leifure.
After his Majcfly's Demife, this ^\v Edward Hales declared himfelf a
Papifi, and was a bufy Agent in managing the Projects of that Party
in Kent.
His Lordfhip had fome Affairs upon his Hands, which were difficult Difficulties a:
to manage ; and thofe he noted under the T'mXq Dijicilia, or Difficulties. ^ourtheGrcat
Want of Penfion. [ "^'^'^ "V*" f ^f '*'°" °/ ^°°f '■ t"\ ^""""^ ^"''
3 more ; tor the Lord Nottingham had 4000 /.
per Annum which, to his Lordfhip, was fcrewed down to 2000 /. on
Pretence of depending on the King's Bounty rather than Bargain. And
it feems he had an Intent to have moved on this Head 5 which was a
difficult Matter for a Non-Courtier to undertake.
Controverfy inter Grands, E. o^ Rochejier
and M. Hallifax. Difputes among the
Great Ones; E. o( Rochejler and M. Hal-
lifax. *— '
which before.
This was about the
Contradl with the Far-
mers of the Excife and
Hearth Money 5 of
After the King's Demife, and his Brother j^^w^i fucceeded, his Lord- Rcfle^fons
fliip was overwhelm'd with Sorrow; and however commonly he was "pon^isPer-
ufed to give Vent to his Troubles, and, by Converfe with his nearefl
6 5 2 Ffiends,
i./f
m f
m
1:
324 * The LIFE of the late
Friend?, eafe his Mind, now, it was too full, and he held it in to his
great OpprelTion, and exprelTeth hlmfelf in his Memento thus.
Ne redintegretiir Flanclus^ ^Contemplation HisLordfliipfawno
dolor oja^ & G emit us max i mi & continuiy & Fa-
vor erga Ofiiniaj & I'orpor, ^ Injbmnia.
Let me not difquiet my (elf afrclh with la- ' and here tries to eafe
mentable and melancholy Apprehenlions of >'his Mind upon his Pa-
End of Evils that im-
pended on this change,
per in this pathetic
Prefer ipt ion.
what may happen ; or renew thofe e.vceflive and
continued Groans, attended with Fear on everv
Side, which break my Rert:, and even deprive
me of my Senfes.
"^ This refpecfls his Purpofe ofqult-
Deus dedit occafioncm optimam^
qiue minime ejl negligenda ; folatiurn
enim ejl niniis breve ^ i3 juhito tran-
ting the Seals, whether it were upon
Occafion of the King's Demife, or
in the Time of his laA Sicknefs ;
r> \ \ ' c \y r\ when that Purpofe was confirmed
God has 2iven a favourable Op- >. ,. 11 ^i-i 1 1 1,
portunity, which muft not be let
ilip ; for the Comfort I fhall have,
in him, and he did what he could
to put it in Execution, doth not
appear in this Paper. I 2m in-
This Reflection is very pro-
found ; for it is a Vanity to ex-
ped: Eafe in retiring from the
World ; for the Cafe will be ftill
the fame. A Man cannot run
3S but for a little while, and will r j . .1 • 1 1 1 .. 11
.' r \ cnned to think the latter, and the
ioon pals away. \ ^ ^ ^ , , i • xxr \
* -^ J Occalion to have been his Weak-
nefs which mod was fenfible to him at that Time: And then he rcflcds
on the Confequence.
Semper idem ; Otium dat Chfer-
vatic?icm & pafcit Lienem, Never
the better; Leifure does but give,
time to think,and feeds the Spleen. \
from himfelf, but his Thoughts will follow him ; and if he has not
Troubles from without, to divert, he will have more Attention to
himfelf J and fplcnetic Humour, of which his Lordihip was afraid,
will arile. But, for an inward Comfort, as he was, he contrived this
Speculum entitled.
Well.
His Qualiiications mod fit for the Jufllce
of the Chancery.
Encreafe of Credit and Riches.
Univerfaliy refpeded.
The Defireablc Company of his Brothers
and Friends.
Kept in full Employ by the Bufincfs of his
Place.
Ee?te^
Bene,
Conditio aptij/ima.
Honor augcns ^ Divitia,
Reverent i a univerja,
Socictas exoptata,
Negotium continuo diver-
tens,.
-
3^5
LORD KEEPER GUILFORD.
Beneficentiamexercens. ^""^"S Good, to his Friends and Ser-
vants.
Modejlia laudata. Approved Modefly.
The next is a Speculum of all the Evils that may happen, with the
apt Remedies applicable to them ; and this he titled Speculum Mag-
7ium,
What is there to make me uneafy?
Satis quod fufficit^ aut nunquam.
Enough, now or never.
Corpus I ami m^ fit ita 7nens,
Sound in Body, let me keep my Mind fa
ObjeBum 7iullum niji Phantafma
Nothing but Fancy to affright me.
Notus esy & expedlatio vera.
They knew you, and you have not balked their
Expedtation.
Irrationabilis^ & aifigendus.
Unreafonable, and to be drove away.
Re medium ajnarius,
Worfe than the Difeafe.
Levamine indiget ?
That wants Support.
His Lordfliip perceived plainly that the adverfe Party were fet ting 5/.^r«/«^7» re:
"P y^J'p^^ to fupplant him, and gave him all Encouragement to be fpefting his
troublefome; which, as his LordHiip thought, might induce his giving ^""^^°'-
Way to make Room for him. And regarding that Cafe, his Lordihip
wrote this, and titled it. Speculum alter.
Null. Favor de Fenur.
Not afraid of being in want.
NiilL Reproach pro Ebrietat.
Not reproached for Drunkennefs.
Null. Magdalen CompL
No Ways concerned in the Complaints from
Magddl. College,
His Lordihip framed another Speculum, refpeding a private State,
whicn had Place in his Soliloquies, and is entitled. Speculum Ter^
iium.
7 After all the Advantages he could
^ propofe to liim.felf in his Keeper^s liigh
^ Station, a private Life was lafeil and
^id Caufa^
Inopia .^
Want ?
Oner a ?
Difficulties ?
Metus ^
Fear }
Infamia f
Difgrace ?
Pudor ?
Shamefacednefs }
Solitudo f
Solitude ?
Senedius F
Old Age ?
Thefe feem fome-
what comparative;
^^^ y^ff^^^^ was
tainted with all
thefe.
Optimum retire.
It may be bed to retire.
beiK
T^urbath
'Ml."
ii6
It'!
m
■i
The LIFE of the late
") The Dirturbancehe found in his
*Turhatio bene interpret, ^ /Attention and Countenance, which
My Confufion would admit of >.g touched elfewhere, would have
a favourable Interpretation. \^^^ ^ Conflrudion, as he thought
it might have upon the Bench. ^ „, , , ^ .
Satis quodfufficit. ? Non-Encreafe of Wealth, no Gricv-
I have fufficient. ^ance while he had luflicient.
Colbert pro Pofteris. ) This great Favourite, under Difgrace,
Let Pofterity think of MrA was very ill ufed; and let that concern
CQll^ert J^is SuccefTors; as for himfelf.
Fouquet pro Prefent. 1 Difgraced alfo, and deah ill with;
As for the Prefent, let FoU'\hwX.ihtn turned loofe to fhift for him-
quet be an Example.
^id timendum ?
What have I to fear ?
Iclf.
7 Here his Lordfliip accufeth himfelf lor
Sufing the Inftances of thefe difgraced Mi-
Jnifters, who aded high in Matters of State
and War, and might be obnoxious. But he adted in a confined Pod,
and having a good Confcience, and nothing of male Adminiftration,
or Corruption, to be laid to his Charge, what had he to be afraid of ?
> li he were unfit for a Court Sta-
Promotus es, & omnes defedlui )^^^^^ ^g |^g fufpeded himfelf to be,
nnte apparuerunt, >and 'they muft needs know it be-
and knewr f-Qj-gi^and ; why did they not let him
) alone, but promote him ? This lays
They promoted you,
all your Failings before.
his own Failings at their Door.
■) It was obvious that this bringing
26 Sept. 1684, Lord Chief Ju-/ •y^ffyifs^Qx^^^xA, waste prepare him
ftice of the Cabinet Council, muchW^-^yj,^^^^ j^j^ Lordfhip, then, by the
to my Eafe and Relief, \rifing Party, refolved to be laid afide
to make Way for him. But the King had no fuch Thought, and, if
he had lived a little longer, he had broke all their Schemes 1 heard
his Lord(hip fay, that he took an Opportunity to thank his Majefty /or
the Eafe he gave him, in this Pajs, as to advifmg hts Majefty m Mat-
ters of Law; but he did not fay that the King made him any Anfwer
.„ro„sa- But as to the Motion for pardoning all Recufants. mentioned elfc-
g'nftP". where, the Jobb for which Je fries was efpecially introduced, and
d^^nmg Recu- ^j^j^^ ^,^^ ^f,„g,y) ^ppof^d by his Lordftiip, 1 find a Paper m which
his Reafons are concifely expreffed.
Papifts, 2 OSlober 1684.
« There is no Need (for fuch Pardon) for, if they are not puniflied,
« they will be envied, not being Sheriffs, Juilices, Deputy-Lieutenants,
« Jurors, &c. „ ^j^^
r
LORD KEEPER GUILFORD.
*« The Punifhments are but three, i. Premunire. 2. Thirds. 3.
<« Difability upon Convidtions.
" They avoid the firft by bribing Gaolers, Under-SherifFs, and Bai-
«< liffs, fo that they are not in Prifon. And, 2. Nothing being found,
" nothing is levied.
«* And, 3. They may be brought under Difability at the Suit of a
«< common Perfon.
*« This will difcontent the Gentry, and make them lean on the
" other Side.
« Their Hearts cannot be loft ; but fliould ferve chearfully : Elfe,
« the whole Ufeof the Law is loft -, for they are Sheriffs, &c,
" If the Gentry are difcontented, the Rabble will quickly be poi-
<* foned by Preachers, C^c.
" And then what will Force fignify, though not oppofed ? If they
" are curfed, whenever any Diforder comes upon them they pay for it.
*' A Revolt of the leaft Part, to the Temper of the People, prevails
<* again ft all the reft. Any foreign War, or remote Rebellion, will
** bring it.
*' Be no more angry with Superi- ^This is a prudent Memento for
" ors for not doing as you advife,/Counfellors of State, to keep down
" than they are for your not advi- VAnger and Difcontent, when their
" fmg what they would have done. I Advice, though moft falutary,
^ is not taken.
In the Parliament in the Reign of King James II. the Experiment
was tried whether the Commons would allow military Officers to ferve
without taking the Tefts againft Popery ; which was, with a Temper,
refufed : For it was offered to difpenfe in particular (by Name) but
not in general. The Tendency of the Court was to have the Teft
Laws wholly fet afide ; for which this, of the military Men, was to
have been an 'Overture to let in the reft. But this Refufal made it
improbable that the Parliament would ever be brought to it. Where-
upon followed the Point whether the Parliament ft^ould be prorogued^
or diffolved. The defperate Party were for diffolving, and ufing means
to procure Eledions that (liould be better inclined; and, if that failed;
to do it by his Majefty's Authority, and ftiifting without any Parlia-
ment at all. And what follow'd afterwards, njiz. of Clofetting, Re-
gulating, (^c. the Hiftorics muft ftiew. In the mean time, his Lord*
Slip's Counfel, not to difix)lve at prefent, but to prorogue, was taken ;
and abfolutely contrary to his Counfel, the Parliament was at laft dif-
folved. Which Pafs was, in Coniequence, as Matters wTre carried,
the Ruin of King James II. But, in the working of thefe Matters,
his Lordlhip difccrned plainly a Defign ta change the Government,
Which gave his Lordfliip many melancholy Refledions ; and, as hath
beea
3^7
Of the Ted
Laws, and
Parliaments,
and his Lord-
fliip's
Thoughts of
the iame.
I'
1>
f r
i' ■
318* T/je LIFE of the late
been Hiewcd el^jwhere, difpofed him, once for all, to be free with
his Majclly, ^nd (lievv him his Danger j which he did, and, in a Scrap
of Paper, hath prcfcrved his Reafons under a Tide taken out of the
Arcadiadel Carp to,
i €71 lldtllCTlfGi f71€0i 7 _
camnLifm Miedo. \ ^^>' Th<^"glns walking by myfelf without Fear.
1. Qiieftion of Right jThis refers to the Parhament, and the Tri-
is mod plain. jennial A^.
2. Condemnation of o For all antecedent Palfages, as the Stop of
pall Ad:ions for not ^the Exchequer, Indulgences, Dutch War,
doing it. ^French Alliances, Cfc. for which the Fadion
had formerly calumniated the Court, will be again ripped up, and charged
as a continued Delign of arbitrary Power.
3. Indifferent Men loll, 7^^^^^^ wcxq fuch as were not attached to
and thofe the Gentry. 5 ^he Court, but followed for Duty and
public Good.
4. They will be a Torrent^/ The Clamour upon breaking the Trien-
irrefiftable. Better an Ague^nial Adt. The Ague may mean fome
than a Fever. Difcontents and Differences with the
Parliament fitting ; but the Fever is the Difcontcnt of the whole Peo-
ple without Parliaments.
5. Old Law not clear in The old Law was that there fliould be a
the Intent, yet Foundation Parliament every Year, or oftener if Need
of the Triennial Adl, odi-^ required. This was once fet up to diffolve
ous, this is pofitive. ; the Long Parliament whether they would
or no; which, the Parliament refented, and fent four Lords to the
^ouer ; as the Hifiorics of th.e Time, and particularly the Examefjy
will (hew. By the Odious is meant the Triennial Adl in the Reign of
King Charles I. when, for Failure of Writs, Officers, down to Con-
flables, were to fummon a Parliament; but, as fettled ih the Reign of
Charles II. it is enaded pofitive for three Years, without Ifs or Ands
to colour a difcrctionary Power.
6. How comes Poflure ) This is oppofed to the Pretenfe of the Cour-
to be good, but by being j> tiers, r/2;. that now the Nation was in a Po-
in the Right? V flu re of firm Loyalty to the Crown, and
would digefl any Thing ; but his Lordfliip thought that what Right
had built, Wrong would deflroy.
7. No Strength, nor Juflice, ) When the People fide with the Crown,
when the People are poi(bned,( it is flrong againft Sedition: Elfe that
and the Income depends uponi will foon grow up into Rebellion, and
it. uhe Magiflrates will be flow to adl,
and Juries will be unruly > which would many Ways affcParty, the Nobility and Gentry, will
company as will be hard to( all join Forces in a Matter fo popu-
refifl. 3lar.
9. This w^illbe a fianding To- >The good Will, loft by forbearing
pick, and a continual Claim ; and /Parliaments, will not be recovered
it can never be imputed as a Fa- >by granting them, but remain as
vour to have it. ( Poifon in a Wound which will not
J readily heal.
This Paper may have been out of the Way; and his Lord/hip wrote
upon anodier to the fame Intent, but more explicit.
1. Right is plain, pofitive ) That, which made the Crown fo firm
by new Law; prevail hither- > at this Time, was the having done the
to by being right. ) People Right as to Parliaments. The
People were found to take Part with tl;e Crown, even againfl the Par-
liament, when that adted exorbitantly.
2. Their Adionsjuflified,? But if there be Differences between the
and yours condemned. ^ Crown and Parliament, and, thereupon.
Parliaments are difcontinued, the People will juftify the Adions of the
Parliament however unreafonable, and allow no Reafon for the Dif-
continuance.
3. Torrent of the PeopIe9This was fatally proved by his Majefty
irrefiftible. Neither LawsS when his Army revolted; of which this
nor Arms can prevail. jwas a Prophecy.
4. Fadlionwill unite, and7r 1 r
have all on their Side. | See before.
5. They will prefs noO Whatever Matters of Difcontent have Place
thing but this; and all o-Uvith the People, they will fay nothin<^ of
ther Things muft yield. yhem, but urge for a Parliament ; and, that
obtained, all other Grievances will break forth, and no good Humour
to be expeded.
6. To diflblve not difcon- When King CharksW, difiblved his laft
tent all, hecau f c imnorFms UFeJl mi Tijler Parliament, he called ano-
in the Hcufe ; and in choo-Uher, at the fame Time, to meet at Of-
fing, they will take part; but^/^r^; but, at this Time, it feemed not
not to call, difcontents every \to be fo intended. Therefore the Dif-
^^^"' ^content would take place as if there were
to be none at all; as had happened, if King Ojar/es had not pi evented
the Clamour as above.
3*9
Another Pa-
per to the
fimc Intent*
T t
7. That
',^>i
3i
:i
1:1;
I' I '
n
tm
ln(>,
Ifi
lit
m
The LIFE of the late
7. That is always rightfully 7 That is, the King may rightfully call;
done, but not this. j or diflblve 3 but, fubfift without Par-
liaments, he may not.
Another Paper carries fonie farther Notes, to the fame Intent, which
I {hall not omit.
I. Whether change the Co- ") It v/as not pretended that the Go-
vernment? Suppofenot. ) vernment fliould be changed as to
Laws, Taxes, &c. But this Note feems to fufpedt it.
2. If can fubfift againft a ge-
neral Difcontent? Guards
will be no real Help. Re-
venue difputable and tran-
fitory; not like Land, but
popular.
"k
J
This Query is anfwer'd in the Ne^
gative. Guards may revolt. Re-
venue rifeth by Colledion from
the common People. And, being
moflly temporary, who (liould re-
new it? For it is not like Land,
which is not contentious, and is perpetual.
3. If caufe Difcontent, 1 That is, Difcontent is caufed ; whether
juilly, or actually ? j juftly or not, fo long as it is adlually {q^
the Effedl is the fame. Some Courtiers argued that they were not to
regard Difcontents ; for there will be fuch in all Governments ; and if
there muft be no Difcontents, there mud be no Government at all.
But is there no Difference between Difcontents with, and without, jud
Caufe?
4. If diffolving can caufe \ This may be anfvver*d affirmatively ;
fuch Difcontents ? j for diffolving hath often been counted a
Grievance. Then the Argument runs, why fliould you caufe Difcon-f
tent, if it may be avoided-?
5.\VhatConfequence, when
the Parliament doth
meet ?
6. Lamentable ; Reflecflion
upon fair Weather and
Security. Better an
AiiueFit than a Calen-
Lamentable.
ture.
It'll
Thisanfwers the former; and when»
the Parliament meets, at worfl:, it is
but as a Fit of an Ague, a Turn of
Cold and Heat, and then fair Wea-
ther, and Security, for a Time ; which..
h better than Calenture whhout Intermillionj with Danger of con-
cluding in Deflrudion.
It rnay be thought that much, of thefe Notes here, might have
inrertingihefc ^eeu fparcd, being dark, and the Matter, in fome Points, repeated.
^''"^^. But, confidering that they contained the Subflance of what his Lord-
a^ip advifcd the King, with Rcfpedt to his Safety by Parliaments,
and the Nation's Peace, I would not drop any Syllable, that I found
-wrote by himfelf of the fame Matter., although in a different Phrafe..
For the Image of his Lordfliip's hiterior Thoughts, -both as to himfelf
and
5. w Tons for
LORD /DEEPER GUILFORD.
33^
and his Duty to the Public, are here painted in moff lively Colours;
the like of which I have not known to appear in any other written
Life. I have ventured to annex a Sort of Comment, but am not fure
I have touched his intimate Senfe in all Points ; but, having heard him
difcourfe over moft of the public Matters, I believe, I am not much
out of the Way.
His Lordfliip began to find himfelf decay: And who could hold out HishftMc-
long, and ffrenuous, in fuch Deluge of Affairs, and all laid to Heart, J^a-^^^l
and not, as with fome, let pafs ilightingly? And he began to com-
plain of Difturbances, which he term'd the upper flowing of his Blood,
in thefe Words, as his Pen left them on a Scrap of Paper.
Surjum Flux, Sanguinis^ qu,
Caufam, Profpice Finem ; det
Dens, Speculum confule. Flux
of the Blood upwards. Qo.
the Reafon. Look for your
End. God give it, Confult
your Speculum.
"k
J
This imports more than a Rubor
in his Countenance, which he, fome-
times, thought too much, but fome
Diforder, that he found in his Head,
imputed to fuch Flux upwards.
This, as I take it, was not long be-
fore his Fever, and, at that Time,
letting Blood might have prevented it; but he always was averfe to that
Operation, and feldom or never ufed it. I believe here we want a Spe-
culum ; for thofe, that were found, do not correfpond with this Cafe.
I have already fliewed that, after his Lordfhip had come out of hrs
acute Fever, and laboured under a con fuming Hedick, he found his
Strength continually decay, and refdved to quit the Great Seal and re-
tire, hoping that Way to recover his Health ; and wrote to the Earl of
Rocbejler to procure him the Favour of his Majefty's Acceptance of it.
But the Earl put him off, defiring his Lordfliip might continue Keeper,
and be a Skreen to him in ftaving off the Popifb Work. And there-
upon his Lordfliip wrote to him the following Letter :
^^yLord, /, 122. His Speeches in Difcourfe,
123. intent of his Expedition toBriftol, as
far as it concern'd his Lordfliip, 126.
Bel voir, Caftlf, fome Account of it isr
Berkley, Lord, his Contcft with the Lord
Chiet Juftice North, about the Clerklhip of
the Treafury, 98. ^
Bernardiston, Sir Samuel, goes to Law by
himfelf in the Houfe of Lords, 56.
Border, of the Border Com mifllon, 138. Se-
venty of thc Commiflloners, 139
Brady, Dr. of his Hiflory of England, 19.
Bridgma N, Sir Orlando, Charafter of him, 88.
Of- him as a Chancellor, 198.
Bristol, of that Town and People, 121
Broadgate, Chaplain to thc T^ri-v Company •-
Story and Charafter of him, 32 ^ ^*
Brunskill, of his Projea of thc Green Wax
io5. *
Bucks, Duke of, fome Account of him, cz.-
•Furious for Mr.>«f,agaJnft Mr. North, did.
His Cafe againft Ambrofe PhilUpf^ 226.
C.
Cadekce, J;!.^, whence a certain Sr'eant
got that Name, 190. '
Carpel, Sir Hertry, his Anfwer to Sir Francb .
^orth, when defircd to tei! why the Houfe of
<^.om mons urged a particular Matter, for which »
there W2S no apparent Reafon, i ^ i .
Car d Mr. Aulrew, who, 50. 5aved Sir Frxn- .
as Norths Lite, how, ibid,
Carlisle, of that Town, 1^0:
Cases, Advantage in the Exeicifc of rutting
Cales, ID. ^ to
CuANCERv, Court of, -B.iTe andEncreafe of it,
^97f
INDEX.
197. Unhappy C.\fe of a poor Grntlcman
who was coiiccnM in a Chanccty Suit, 204.
Conclulion as tt) thole Maiicis, 226.
CnARACTERs,ol" fume partKuUi Pcrfons, why
given, 53-
Charles II. his Gift to the Town of Lvnc,
118. His Ju(\!i-e an>i C^nv-'ncy in rhe Pro-
ceedings ai^iinll the K,.- Piorreis, 158. H.is
S;-eech to'the Loui Chi:f Jalbce Sorth, to
defire him to peTluu'e hi> B othei to ftand,
169. Puhlickly teilific"- his great Opinion of
his Lordfliip's Rnowloiige in the Law, 183.
His Sp;'ech to his Lo'dlhip, when pcniivc
upon :he Wuoll'ck i/&;id. His Sicknefs and Death, lb.
Particular Rcafon againft his being poifouM,
253. Saying of his to the I ord Keeper North,
when he interceded for Favour to one that
was obnoxious, 316.
Charllton, Sir Jcb, hard Ufage he received
from Jefriei, 212.
Charters, of the Regulation of them, 212.
Cin FF INC H, rri//. who, 210.
Chute, ChMoner, fome Account ond Chara£Vcr
ot him, 13. Gave the AdmilTion Fees to
young }s\x. North, 14.
Chute, of two younger Brothers, of that
Name, that were taken Care of by his Lord-
fliip, 303.
Circuits, fome Account of them, iio.
Claypole, Mr. who, 149. Of his Bufincfs
with the Lord Chief J ultice Norf/^, ibid.
Clerkship, a proper Way, by which to enter
upon the Study of the Law, 2 1 .
Clerks Six, \nChancery, defeated in their De-
iign, when they made a Prcfcnt to the Lord
Keeper Nor//j, 183.
Coal, of the Candle Coal, 143.
Coalmines, of a Drein m-de to onc by Sir
U^illum Bluck'tt 136.
Coffee -Houses, of the Dvfign in putting
them down, 152.
Coin, Scheme for the Reformation of it, fiift
fet on Fcot by Sii Dudle;/ North. 169.
Coke Lord Chief Jurtice, ot his Comment up-
on Littleton^ 17.
Coke, Mi. of'Nor'c'k fjrrecdcd SnTntncis North
in the Burgesfhip for £;«», at a vaft Excencc,
93'
CoLT.MAN, Mr. who, /j6. Cofemporary and
F.i. nd of his Lordfliip, i^id. Character of
him, ii:d.
Co.MMONPLACE, of conimonphcing in the Stu-
dy of the Law, 17.
Commons, Houfc of, wheth.T they have a
R^gl^r to impeach a Comn-ioner capitally, in
the IL ufe of Lords, or not, 166.
Company, Efferts of both good and bid to
younGj People i 5.
Concilium, m.tguum in Varliatmnto, who it
conillh'd t)f, 165.
Conway, Lo:d. his Chpraitcr, 229.
Copyholds, Difficulties about them, 23 Hird
Cife of mr.nyof them, Hid. Rcafon for a-
bolifliing that Tenu;e, ibid.
Cornwall, of the Cornif,! Men, 120.
Coventry, Mr. Secretary, great Credit he had
in thcHoufe of Commons, 92.
Council, Cabinet, 0:ignal of it, 227. Podurc
of it when his Lordlhip was introduced there,
229.
Counsel, how unfafc falfe Counfels are, 25.
Counsellors, of State, Memento wo:thy of
their Attention. 326.
Coun iry Keepers, cf a Sort of People To cal-
led in the North, 1 39.
Court-keeping, Benefit of it, 23.
Craven, Lovd, Account of him and his W'hif-
pering, i 86.
Crisp, M'. of hisPiofecution by 7'jf'''^'' 214.
Crompton, Mr. Charles, Character and Hifto-
ry of him, 309.
Crown, its Power, by Law, not enough in
King Charles the Second's Time, 241.
Customs, Di;"ficuhies about collectmg them,
under Jam. U. before the Parliament fat,
"^ ' 4
Cuts, ^nd Tickerlng, Account of ihcir Cafe, 58.
D.
Da c RES, Lady, quarrels with hisLordfliip, and
why, 47. Her Ladyftiip's cruel Behaviour to
him, 48.
Dan BY, Earl of, im.peached, 162. His Error?,
ibul. C.Sc of his Pardon confider'd, 163.
Whether he might hive been bailed by the
Kmg's-Bcnch or no. 164.
Day, St.My of the dumb Day in mjlminpr-
hill, 102.
Decic, Sir 6irT7on, the View he had in dedicating
his Book to Dr. Pf'oods, BiHiop of Litchfield,
144.
D E L a V A l. Sir Rulph, made Colleftor ot his own
Port by King Ch:irles IL 137. Of a Colliery
of his drowned, 138.
Design, of the Author, i. and 7.
Deveni?h, Mi. Henr)\ his good Behaviour
wh'lrt Regifter, 202
Devonshire, of their Dialcil, 121.
D18-
INDEX.
DisPtJTANTs, Maxim amongft them, 188.
DocwRA, who, 210.
Dorset, Earl of, his Anfwer to the King, who
aflced what my Lord Craven whifpered in his
Ear, 187.
Duke, Mr. who, 117. Called Spirit P<>, why,
ibid. Entertains the Judges, ibid.
DuNCOMB, S'wjohn, his Obfervation of the
Lawyers, 310.
Durham, of that Church and Town, 135.
Duty, of that upon Tobacco and Sugars, grant-
ed to King James IL 256.
E.
Earl, Serjeant, his Way of Living, and keep-
ing of his Accounts, 40.
Edccomb, Mount, fome Account of it, i^o.
Ely, Illc of, fome Account of that Court, 42.
Erasmus, Obfervation of his upon the Englijh
Lawyers, 97.
Evelyn, Mr. his agreeable Entertainment of
his Lordfhip, 286.
Exclusion, Bill, his Lord fliip's Opinion of it,
165.
Ever, the Nature of it, 44. Why Yi,, Charles
n. proclaim'd a SelTions of it, ibid.
F.
FACTioN,Noteof fome Defigns of theirs after
the Revolution, 57. Their Defign, if his
Lordfliip's Judgment in Soams's Cafe, had been
reverfed, ibid. Short Character of them, 173.
Impudent Affertion of theirs, about Forces
icnt'mXoScotlandj 177. Other impudent Af-
fertions of theirs, taken Notice of by his Lord-
lhip, 1 8g. Ufe they made of the King's pre-
fenting a Ring to 7fj!f''/V/, 234.
Fa NATic, of fome Fanatic News Letters wrote
by Coleman, 144.
Finch. S'nHeneage, his Anfwer to the Benchers
of the Middle Temple, about the old Cloifter
Walks, 19.
Fines, ofthofe of Infants, 104. Of fome va-
cated for Infancy, 105. Nature and Antiqui-
ty of them, 106.
Fitton, of him and his Cafe, 205.
Flam STEAD, Mr. Favours he received from
the Lord Keeper North, 286.
Fo L E Y, Mr. Vaul, of his Learning and Notions,
1 50. His Behaviour in Parliament, with Re-
gard to Lord Chief JufticeNior/^, ibid.
Forests, now negle^ed, and why, 44. Be-
nefit that would accrue to the Crown, if they
were prefer ved, 44.
G.
Government, what Care it ought to take,
who are trufted as Judges in Cafes of Impor-
tance, 221.
Clyster, of a particular Way of giving one
to one's Sq% invented by Sir Samuel More^
land, 294.
Godolphin, Sidney, his Charafter, 230.
Governours, apt to miftake in their Notion
of Power and its Confequences, 240.
H.
Hacket, Bifhop of Litchfield, by what Means
he repaired his Cathedral, 144.
Hal Es, Lord Chief Juftice, Saying of his about
, Sir Francis North, 46. Why partial in the
Trial between Crtts and Pickering, 60. His
great Learning, and his Failings, ibid. His Be-
haviour at Trials, 6 1 . Seemingly couragious,
but really fearful, 62. Taken out of the Law,
an empty Pretender, 62. Unfortunate in his
Family, and why, 63. Open to Flattery, 64.
Why fo much cried up as an Oracle, 64. His
Lordfliip's Notes of him explain'd, 65. His
Piece of Advice to the Duke of Beaufort,
whilft he was building his great Houfe, 134.
Hales, Sir Edward, Ihorc Account of him,
323-
Hallifax, Marquifs of, Chirafter of him,
229.
Harbours, ofthofe in the IVefiern Channel,
119. Of that of Pool, ibid. Of that of Ply-
tnouth, 120.
Hays, profecuted for high Treafon, and acquit-
ted by Jeffries, 214.
He RALDRY, what that means among theChan-
eery Olhcers, 204.
Hexham, fome Account of that Town, 140,
Hicks, Dr. his Charader of Lord Keeper N Plot, i 50.
Justice. Chief of the Cow;/wi P(V^;, Keeper
of the Records and Trcafury, 9S.
K.
Keeble, of his Tables to his Statute Book,
Kemish SirC/.^^/«, Charaflcr ofajr'f///; Stew-
ard of his, 311.
Keilinc, how he firfl difcovered the Rye Plot,
iSz.
K 1: N' D A L , in Lar.'-aC:irey Account of tliat Town,
£.nd theTiade of it, 142.
Kidnapping, :xr Brijlol, what, 216.
King SV Jehu, his Charaftor, 290.
Knave, how fi-.ch a Man would go about to
manage his Advcifury, 188.
L.
L.^NCASTER., Duchy of, fome Account of that
C ^.•^42. Ace- untofthat Duchy, 142.
Lauderd.'vle, L'uke of, how he difcovered
to the Lord Chief Jufllce Korth, that thcPfe^-
w/«/?«'r Parliament would be diflblved, 178.
Law, of commonplacing in the Study of it,
16, Necefllryof Regulations in it, 108. Of
the Repeal of the penal Laws, 259. Of the
Ted Laws, 327.
Lawyfr, Ufe of putting Cafes, to him, 16.
Art of fpeaking to be cfpecially cuhivated by
him, 19.
Lee, Lady Elizabeth; of her Pretenfions to the
Fortunes of the CoheirefTes of the Earl of
Doivn, 81.
Lei.y, Sit Peter, of him, and his Acquaintance
with his Lordfhip, 299.
Libels, of the Method taken to get the better
of them, 153.
LiTCHTiELD, how that Cathedral was repair-
ed, 143.
LoNcuEViLLE, Mr. Pf^illiarv, his Characfler,
289.
Lovelace, Lord, his Advice to his Lordfhip,
175-
LuMLV,Park, of the Coal Mines there, 134.
Lyme, in Borfetflme, Defcription of the Cob
there, 1 1 7. The Way of loading and un-
loading Veifels there, 1 1 8.
M.
Macclesfield, Earl of, his Rcfentment of a
Piece of Juflice done him by his Lordihip,
207.
Magistrate, Hard fliips and Comforts attend-
ing one that is upright, 58.
Maintlnance, of feparatc Maintenance pro-
vided for in Marriage Articles, 81 ,
Marriage, his Lordfliip's Inducements to it,
77. "Why the Author is fo particular about it,
76. Of the fevcral Proportions made him,
and where he fixed at laft, 78.
Matthews, Mr. who, 13.
Maynard, Sejjeant, Admirer of the Yeir-
Books, 19. Of a comical A(flion he brought
againfl a poor Man, 114. His Charadlcr,
Mew, Bifhop of JVmchJler, his Saying of my
Lord Chief Juflice North, 116.
Middle TON, Tower, in Norfolk, Defcription
of it, !4v
Mind, Effefts of aDifordcr in it, 261.
Ministry, of State, their Intrigues when his
Lord fliip was made Attorney General, 88.
Money, that it never will lung be wanted, nor
abound in any Country, 168.
MoR daunt. Heir of a Family of that Name in
Bedfordjljire, taken Care of by his Lordihip,
302.
Morel and, Sir .S.iw«f/, of his flatic Barom.c-
ter, 293. His Devices, and of his Kitchen,
294. Of a particular Way of giving one's Self
a Clyflcr, invented by him, ibid.
Morton,
INDEX.
Morton, of an Hill called Morton-Tike in La»-
cajhire, 142.
Moor, S\t Jonas, Account cf him, 286.
Mount AGu, Sir/f'i'///;3w,difplearcdat hisLord-
fliip, and v/hy, 96.
N.
Newcastle, upon Tine, why that continues
a Seaport dill, 121. Some Account of that
Town, 136.
Norfolk, Duke of, his Cafe againfl Efme
Howard his Brother, 208.
North, Sir Francis, his Parentele, &zc. Fref. p. 2.
Nothing faid of him in Hillory, and why,
1, 2. Hi's Writings, howdifpofed, 11. School
Education, 12. How he prayed by the Spi-
rit, ibid. Removed to Bury, ibid. Made a
Colleaion of the Verbs Neuter, ibid. Admit-
ted of St. John's College, Cambridge, ibid.
Charafter, and the Proficiency he made in his
Studies there, ibid. Benefited much by one
Mr. Mattherjs, 1 3. Admitted of the Middle
Tetnple, ibid. Carried on the Study of polite
Literature, along with that of the Law, 14.
Ufe he made of Mufick, ibid. Declined bad
Company, ibid. Confinedhis Way of Living
to his Condition, 15. Attended his Grandfa-
ther in the Country, 1 6. Benefit he had from
thence, ibid. Ufcd Commons in the Hall, and
putting Cafes, ibid. Poverty made him a
Lawyer, ibid. Benefit of Mr. Attorney Pal-
wer's Favour, i 8. His Choice of Books, ib.
Difcourfcd at Night, ot what he had read
that Day, 19. His Attendance on the Courts
of Juftice, 20. Conftant Reporter, 21. Ufed
much the Law French, and why, 22 At-
tended the Moots, ibid. Applied to Court-
keeping,/^/^. Saying of an old Family-Stew-
ard to his Lordfiiip, 23. Managed a Law
Suit for his Father, much to his Sitisfadlion,
24. The Like for his Grandfather, ibid. Vin-
dicated from his Grandfather's Sufpicions, 25.
Concern'd in a Family Revolution, 26. Di-
verfions in the Country, 29. Charader of
him in the fi; ft Stage, 28. Went fometimes
to hear Hugh Vetcrs, 29. Called to the Bar,
30. Made no Buftle to gf^t Praftice, ibid.
His Allowance from his Father, reduced from
60/. to 50/. a Year, ibid. His Father's An-
fwer to his Letters about it, 31. Carried a
Caufe for one Stutzile, ibid. Provided a prac-
tiling Chamber, ibid. Lent his Brother D« Fa-
ther's Will, ibid. Read pubi'tkly up »n Fir-^s,
74. Dcfircd to many, and why, 75. After
fcveral Difappointments, mani.d ih^- L:dy
Frances Pope, 80. Hi« Occonon.y when fet-
tled, 82. Caufed Serjeants -Inn Hull to be re-
built, ibid. C'iufed a Drain to he made fiom
his Houfe to Flect-JIreet, 83. Took an Houfe
in Hammerfmith, why, ibid. D ipoiition of
hi^ Children after his L3dy'sDca.h,85. Chofca
Member for Ly^n, at fi:fl-, without Opposi-
tion, 86. Oppof:?d afterwards by Sir Simon
Taylor, Sj. Made Attorney General, 89. Great
Gains when Attorney, 90. His Money, how
difpofed of, 90. Loved to have a Friend
near him, whom he might have Recou fe to
when he pleafed, ibid. Uneafy at his Atten-
dance at Court, and why, 91. His "chiv:our
whilfl he v;as in the King's Service, 9! . Im-
proved himfclf in the Knowledge of Men,
whiifl in the Houle of Commons, 93. His
virtuous Courfc of Life while fingle, and
when mauied, 94. Fiicnd to Students, and
a Viituofo, 95. His univerlal laclina-ion to
U u 2 improve
INDEX.
INDEX.
k
improve, iSU. Undcrftood the Europezn Lan-
guages, ibid. Noted whatever Occurrences
he met with, worth regarding, ibid. Made
Lord Chief Juftice, 96. Forced to difobligc
Sn iVilHam Mount. igH, ibid. His Senfe of the
Grant to Lord Berkley, 98. Sets up /ic Etiams
in the Common Pitas, 100. Would not allow
Cods to Attovnics in Troptiums, 10 r . Agaiwfl
Recoveries of Infants, IC3. Vacated fomc
Fines for Infancy, 105. His Account of the
Green-\Vr.x I'rojec'l, 107. Solicitous againfl:
all Abufcs, 108. Conccrn'd in the Statute of
Frauds and Periuries, 109. Clearly for a Re-
gifler, ibid. His Reafons for it, 110. En-
dured no Difcourfe of Caufes depending be-
fore him. III. His Conduft in Trials,^ ibid.
His Temper in detecting Frauds, 112. Sup-
planted the Arts of Counfel, how, 113. His
Imercft in the IVefi, 116. Chofc the IVeJlcrn
Circuit, and why, ibid. Enteitainmcnt at
Mr. D/ike's, 117. Much rcfpe, 164. His Thoughts of the
magnum Conciiitim ':: Tarli.^mento, 165. His
Opinion of the Exclufion, ibid. His Argu-
tnents to perfuadc his Brother Dudley to hold
Sheriff, 169. His generous Propofition to Sir
Dudley, 171. Attended at Cuildhull during
the Eleftion of Sheriffs, H>id. Refclved fome
Doubts of the Lord Mayor, in a generous Man-
ner, 172. Chief Pilot and v':ondua:or in all
thefc Affairs, 173. His Anfwer to Mr. Soams,
who advifed him to go to the : : 3ufe of Com-
mons, and give up his Petition, 175. The
Like to Lord Lovelace, upon the fame Account,
ibid. His Humanity to Sir Cre/well Levinz,
176. Friendfliip with the Duke oi Lau-
derdale, 178. Advifcs the King to pubiUli a
Declaration of his Reafons for the Diflolu-
tion of the Wnkmjlminjhr Parliament, i8t.
His Cautions to the King in all (he Examina-
tions about the Sham Plots, 1S2. Iiis pru-
dent Adminiftration,/^/,/. Ditfcrence between
him and Lord Rcchejler, about preferring Per*
fons, ibid. His Abilities and Intcreft at Court,
183. His Account of the Difpof.1 of the
Place of Prothonorary, 1H5. Sat as Speaker
in the Iloufe of Lords, ibid. How rcfpefted
at Court, about the Time he was made Lord
Keeper, 186. Obferved himfclf to be taken
for a riflng Mm at Couit, and why, ibid.
Carried himlUf flcddily, as Judge and privy
Counfellor, i 87. Coerced all Pafljon, though
inclined, ibid. His Care when he found his
Palfjon rifing, 188. How he ufed to turn it
off, when any Thing made him anj^ry, 189.
Coerced Impudence in Counfel, ibid. His
Judgment of the Prerogative, 191. Turned
Trimmer, how, ibid. Orthodox, jufl, and
conformable, 192. In great Credit with the
Jury, whilfl Chief Juflice, 193. Fricndfhip
to Lord Nottingham, ibid. Intelligence given
him of his being made Keeper, ibid, Rea-
fons pro and eon, whether he (hould accept it,
194. Determined not to accept, without a
Penfion, and why, 195. Accepted with a
Penfion, ibid. His Paflion at the ill Ufage he
received from the Courtiers, ibid. He ncver-
thelefs created the King no Trouble about it,
196. Chancery cafy to him, 197. Senfiblc
of the Evils of that Court, 198. HisMethod
of mtroducing his Amendments into the Court
of Chancery, ibid. Retrenched Motions for
fpecding and delaying Hcirings, 199. Or-
der'd the Parties to fliew the Maflers any Er-
rors, 200. Stopt the Courfe of Injunctions
upon Exceptions to an Anfwer filed, ibid. Re-
trenched the Super fetation of interlocutory Or-
ders, 201. Diflicult about Rehearings, ibid.
His Method of controuling the Regiftci's Of-
fice, ibid. Why he did not publifli a Book of
Rules and Orders at his Entrance upon the
Chanccllorfhip, 202. Confcrved the Rights
of Officers in all his Regulations, ibid. Left
Reformation of Offices to thu- Parliament, and
why, 203. Had no Vanity, but kept dofe
to Truth, with all poffible Caution, ibid. Al-
tered nothing but what he knew experimen-
tally, /^/.j1,
319. Remarkable Charadler of aGentlcmnn
\Vairer, idiJ. His Privacy and Solitudes, /id.
His Behaviour under the Arreft, il^iJ. Sues
the Serjeant's Men for Battery, i6id. Gafco-
nade of his, i^iJ.
Vindication of the Miniftry, at the Time of
the Rye Plot, 1 60.
Virtuosi, approve of a Paper wrote by my
Lo'd Keeper, upon Fifties Bladders, 292.
Undertakers, a Party in the Houfc of Com-
mons fo called } fome Account of them, 92.
Union, the Advantage reaped by the Countries
bordering upon EngUnd and Scotlandy 139.
W.
Waller, Serjeant, (bme Account of him, 18,
Wax, green. Account of that Proje^, 106.
i'ailed, and why, 108.
Wayleaves, to a Coal Mine; ftiort Account
of them, 136.
\V eld, Mr. who, 285.
VVell, of the burning Well in L«?ir«/7;;y^, 143.
Wells, of thuCity, 121.
VVerden, Sv John, fome Account of him, 285.
Whig, and Tory, of thofe Names, 191.
Whitmore, Mr. who, 48. Of hisFancy not
to pay Tithes, i6id.
Willis, Mafter of a School at Tjleworthi Ac-
count of him and his Wife, 12.
Wiseman, Sir Ro^fr/, who, 306.
Witches, of a Couple hanged at Exeter, 130.
Of one acquitted at Salijhury, ibid.
WizzARD, of the Trial of one before the Lord
Chief Juftice North, 131.
Woods, Bifliop of Litchfield, how forced to re-
pair his Palace there, 144.
Wright, Serjeant, made Judge, contrary to his
Lordihip's Advice, 247. His Character, ibid.
Y.
Ye AR-Books, Ufe of them, 20.
York, of that Church and Town, 135.
York, Duke of, introduced into the Cabinet
Council, 223.
YouT H, Hazards and Advantages in the Inftitu-
tion of them, i
FINIS.
''i.
L
THE
L
I
F
E
Of the Honourable
Sir DUDLEY NORTH, Kn
Coniminioncr ^>i tin/ Ciflin},:^^ and afterward^ o{ tlic
t
And 01 iLl Honourable and Reverend
r J () H N N Q R T H
idv^fter of Trinity College in Cambridge^ and Grets Fro-
feffor, Prebend of Wefiminfler^ and fometime Clerk
of the Clofet to the fame King Charles the Second.
By the Honourable
it O G /: R NORTH, Efq;
Ea coinpleBitur quibus ipfe interfuit. Cic. de Leg. Lib, i.
LONDON,
Printed for the Editor,
And fold by John Whiston, at Mr. Boyle's Head in Fket-ftreer,.
AtlH lXLIV,
4.
r.
THE
I'
{j.'/er/u.^. t^fr^Zp //-/J-
I
F
E
Of the Honourable
Sir DUDLEY NORTH, Knt.
Commiflioner of the Cujhrm^ and afterwards of the
Treafuv) to hisMajefty KingC6^r/r a
Merchant, but not Phlegm enough for any fedentary Profeflion.
Which Tudgment of him was made good by the Event. _
According to this Scheme, the next Step was the being placed in inDang«of
London at a Writing-School, to learn good Hands and Accounts. R;-;^/
Where, being once fettled in that Way, he ran a great Rilk ot be- jchooU
ing utterly ruined for ever. And if, together with his reftlefs Spi-
rit he had not had conjoined a manly Refleftion referved within
himfelf andalfoaRefolutionoffometimes checking his own Extrava-
gances (which, not only in his Youth, but alfo in many important
Emergences in his Life, he executed by making fhort and fudden
Turns) he had been loft. The Writing-School was a Place of entire
Liberty • He might come and go as he would : He might learn if he
pleafed ; and as freely let it alone. But he minded his Bufinefs, at
Times well enough, and acquired amply what he came there for,
which'was fair Writing and Accounts. He had his Times alfo for
making large Excurfions, and got into Acquaintance as airy as him-
felf though not fo well born or dreft: But he made fmall Cere-
mony of that, provided they led him to Sport. There was no butt-
ling bufy Diverfion that he was not, more oriels, engaged in; yet,
in ail his Frolicks and Rambles about the Town, he and his Coni-
pany fleered clear of the Vices of Whoring and Drinking, and fol-
lowed fuch Entertainments only as were very aftive, but otherwiie
(beyond the Archnefs and Waggeries of Youth) not wicked nor indi-
^ ' B 2 cative
Lover of
Cock- fight-
ing.
A defperate
Swimmer.
I
Kis bold Ad-
ventures in
that Excicife.
H
The LIFE of the Honour aUe
cative of a Nature depraved. And it were well if the Flights of
Youth, in this Age, had no w'orfe Character.
One of his capital Entertainments was Cock-fighting. If poflible,
he procured a Place in the Pit; and there was a rare Splutter and
Noife, cut out, as it were, for Folks half mad. t'have heard him
fay, that, when he had in the World but three Shillings, he hath
given half a Crown for an Entrance, referving but Sixpence to bet
with. I prefume it was with him as with others that love Gaming:
Avarice was the grand Inducement, and that infpired the Adventure;
and the female, or rather Lottery, childiHi Argument prevailed^ 'u/^r.
others have won, and why not I ?
Another of 'his darling Sports was fwimming in the Thames, He
ufed that fo much, that he became quite a Mafter of it. He could
live in the Water an Afternoon with as much Eafe as others walk
upon Land. He fliot the Bridge diverfe Times at low Water, which-
jQiewed him not only adive, but intrepid ; for Courage is required
to bear the very Sight of that tremendous Cafcade, which few can
endure to pafs in a Boat, He told me, that his Method was to
glide along while the Current was fmooth, which was like the Mo-
tion of an Arrow, and extremely delicious; and when he was through,
and plunged in the Diforders of the Waters there, he ufed his fwim-
ming Powers, that is, flriking with Legs and Arms, applying all
the Force he had to prevent turning round, which, in thofe Eddies,
was hard to be done ; and all this under Water, till he got into fome
Calm, where he might govern himfelf again. His greareft Danger
was Flooks of Anchors, broken Piles, great Stones, and fuch Ene-
mies as lay concealed under Water, and, in the Speed he went, could
not be touched without Deftrudion,
He and his Comrades ufually hired a known Porter to keep
their Cloaths ; and, when they were all naked, as I have often heard
him fay, he was not at all afliamed of his Company ; but, when their
Cloaths were on, he cared not to be feen with them. He hath told
me that, having lodged his Cloaths not far from the Bridge at early
Ebb, he hath run naked upon the Ooze up almoft as high as Chel-
fea, for the Pleafure of fwimming down to his Cloaths before Tide
of Flood. By thefe bold Diverfions, one may guefs what the Ro-
man Youth were able to do, who made it their ordinary Exercife to
bear the Extremes of Heat and Cold, and all Sorts of Fatigues ; af-
feding to defpife and flight all Hazards and Pain, till Sufferings be-
came habitual. But, to wave Refledions, though my Subject profers
fair, and to difmifs this fwimming Entertainment, I muft here,
though a little too early, remember that, when he refided at Conjian^
timple^ it had very nearly cofl him his Life ; for, being grown cor-
pulent
^i/^ D U D L E Y N O R T H. j
pulcnt and fat, he was not qualified for fuch Frolicks, but yet would
needs go and fwim in the Hellefpont ; and there the Water came
down from the Black Sea fo rigidly cold, that it almofl congealed
the Fat of his Belly. He found himfelf not well, and came into his
Boat, where he perceived his B^^Hy look like Tallow, and could
fcarce feel any Touch upon it. The Rowers prefently underflood
the Cafe, and forthwith laid him down, and fell all to rubbing and
chafing his Belly, till they found it come red and warm; and fo they
left him out of Danger : But he was not free from Pains in that Part
for diverfe Months ; and, after this, he never went into the Water
more.
But, to return : It may be eafily imagined that, living thus at the in Want, and
Writing-School, his Extravagance mufl keep him in conftant Want \f^^ fj^PJ^^;^-
of Money. He had little or no Allowance for his Pocket, and could Money.''
value himfelf only upon what his wealthy Relations at times gave
him : Therefore, all the Wits he had were at work to fupply the
Expence of his Rambles. And this pinching Neceffity drev^ him
into Pradices very unjuflifiabk, and (except among unexperienced
Boys) altogether inexcufable. When a frefh Youth came to the
School, he and his Companions looked out (harp, to difcover how
well his Pockets were lined ; and fome of them would infinuate into
his Acquaintance, and, becoming dear Friends, one after another,
borrow what he had ; and all, got that Way, was Gain to the com-
mon Stock : For, if he was importunate about having his Money
again, they combined, and led him a wearifome Life, and, rather
than fail, bailed him, till he was reduced to a better Temper ; and .
fo they fecured their own Peace, and to the Lad fo much Wit bought
and paid for. And other like Ways they had of providing for the
current Expences of their Community.
But all thofe Contrivances, joined to his lawful Stock, would not Defperately ia
flop all Gaps, fo that he was forced to borrow, or obtain to be trufl- ^J^ rdrctcd.
ed, till he had got in Debt about three Pounds, which, upon his
own Strength, he could not eafily raife. But he had fome dormant
Sparks of Honour that galled him cruelly, upon account of his be-
ina fo defperately in Debt ; for his Creditors were fuch as would be
paid, or go to his Friends ; and that he dreaded mortally. He had
Relations that, upon Application, would have extricated him, by
advancing fuch a Sum, and particularly his befl Brother refiding at
the Temple : But then he mufl give fome reafonable Account how
he had fpent fo much Money ; and either he mufl lye, which he
could not do folemnly to them, or he mufl lofe his Credit as to his
Difcretion, the Thought of which he could not bear. He deter-
mined to avoid all thele Shelves, and, by his Wits, as well as he
could.
on ear
riencc
I'
111**
6 The LIFE of the Honour able
could, get up the Money, and fet himfelf clear. His chief Expe-
dient was making counterfeit Bills of Expences; and he took care
they (hould be fuch as were partly expeded, only enlarging a little,
and inferting fome choice Items; and thofe he fent to his Parents,
who did not much examine into the Reality or Fidtitioufnefs of the
Particulars, but thought all was well, and fent him up the Money.
In fine, he paid his Debt to a Farthing, and, from that Time, re-
folved never to be in Debt beyond his Power at any time to difcharge,
whatever became of him.
Reflexion up- This was one, and the firfl of his (hort Turns; and from hence I
^jExpc- jj^jg ^i-jg Crifis of his Well-doing : For, if he had not had a fingular
good Senfe, and Sparks of Honour at the Bottom, however kept
under by a prevailing Ardour of his Youth and Spirits, he might
here have fwayed the wrong as well as the right Way, and have left
the Evil to encreafe upon him ; the End of which had been Ruin.
There is a good Moral that lies behind thefe petty Circumftances
of a Youth's Condition, for which Reafon they are brought forward
to be viewed ; and that is, that it is expedient, Youth (hould have
an early Liberty to manage for itfelf ; for, with fmall LofTes, they
gain great and important Experiences, which, at full Age, are fel-
dom acquired without the Lofs of all at once. This is commonly
obferved of fuch Gentlemen as are kept under till Eftates fall to
them ; for they commonly err in choice of Friends and Methods ;
which Miftakes often prove the Ruin of their whole Fortunes.
Whereas timely Experience of Mens ordinary Self-Intereftednefs and
Treachery, and of their own Folly and Overfights, to be had in
fmall Dealing as well as in great, would have been Precaution fuffi-
cient to have prevented fuch fatal Overfights.
The next Step, our Youth made towards an Advancement of his
Fortunes, was into a ferious and fteddy Courfe of Employment, by
being bound to a T^urky Merchant, upon the ordinary Terms to be
fent abroad. His Mafter was one Davisy a fingle Man. He had
350/. with him, and no more. They boarded with one Mr. ^n-
drews a Packer in T^hreadneedle-ftreet^ a very fubftantial and jufl
Man. This Merchant's Bufmefs was not enough to keep a Man em-
ployed ; and, having left off rambling, much of his Time lay upon
his Hands. He could not endure to be out of Adlion, or idle ;
therefore, to fill up his Intervals, he fell to work at the Packing-
Prefs, and other Bufinefs of that Trade ; by which he made himfelf
a complete Mafter of the Miftery of that Trade. This was not any
Lofs of Time ; for that is one of the chief Trades which the Levant
Merchants are concerned with, for the fkilful packing their Cloths
fent into Turky. The young Gentleman took alfo a Fancy to the
binding
Bound to a
Turky Mcr-
chaat.
^ir D U D L E Y N O R T H. 7
binding of Books ; and, having procured a Stitching-Board, Prefs,
and Cutter, fell to work, and bound up Books of Account for him-
felf, and diverfe for his Friends, in a very decent Manner. He had a
diftinguiftiing Genius towards all Sorts of mechanick Exercifes j as I
ftiall have Occafion to obferve afterwards.
I do not remember any thing farther remarkable of this young Sent Supra-
Gentleman during his ferving as a Merchant's Man in London, ^^'"fj'^jj^^^'t
until his Mafter thought fit to fend him out ; and that he did upon ^^f ^^
a Voyage, than which there could not have been contrived one more
defperate and difcouraging: It was firft as Supra-cargo, with an
^Adventure to Archangel, and there to negotiate the Cargo, and to
{hip another j and then to fail with that, by the Back of Shetland
and Ireland, round about through the Streights, and fo to Italy and
Smyrna, where he was to refide as Fador in the Turky Trade. It
was an hard Cafe for a raw Youth to embark in fuch a Voyage,
without Company, or fo much as a Face in the Ship that he ever
faw before, and bound almoft as far Northward as Zembla, and to
refide amongft, and traffick with, barbarous People, and then to re-
turn through all the bad Weather the Skies can afford. But he
went, not only willingly but, ambitioufly, and formalifed upon no-
thing that led towards the End he moft earneftly defired, which was
to be fettled as a Fador in I'lirky, His Refolution was inexpug-
nable ; and, not only in this but, in many other Inftances of his Life,
he confidered well what was beft for him to do ; and after that Point
once determined, he had no Thought of Difficulties ; he was not
Mafter of his Fortunes, and refolved, at all Adventures, to advance
them ; and therein to ufe the utmoft of his Induftry and Underftand-
ing, leaving the reft to Providence.
As for the Particulars of his Sufferings in the Voyage Outwards, ^,'^f'^S«'"^^^'^
with the Delights of Archangel (which muft needs be exquifite fo en'r^m his"
near the North Pole) what was the Way of tranfading with that own Pen.
polite People, the incom.prehenfible Fatigues of the Voyage back,
and the various Incidents before he came to Smyrna -, I think they
will all appear moft fenfibly in the Accounts he himfelf gave in
Letters wrote to his beft Brother. He took a Pleafure in writing,
efpecially to him ; and, out of that Correfpondence, the following
Extrads are taken, which may be affirmed to be, in all Points,
ftridly true.
Voyage
8
I ,
I
i.
Departure,
and hideous
Sw'i-Sickncfs.
Tbe LIFE of the Honourable
Foyage from London to Archangel, extraBed from the
Letters of Mr. Dudley North.
WE are now, and (by reafon of a crofs Wind, which would not
fuffcr us to keep our Courfc diredl) have been longer than we
liked, in Sight of many high, barbarous, and rocky Ifles, upon the
Coaft of Norway ; where alfo we have fight of thofe huge living
Mountains, Whales, entertaining themfelves with fpouting up Water
in great abundance, and to an incredible height. It is not long
fince we met the Offals of one which had the evil Fortune to fall
into the Hands of the Hollanders^ who, taking all that is ufeful,
turned the Guts and Garbage adrift; and it looked like a Field of
fallow Ground : Thus the Monfter lay a Prey to his Fellow-Crea-
tures, a Legion of which, doubtlefs, he intended at his next Meal
to have devoured, had, not Hanfmtindungus caught him by the Back.
We faw Store of -.fmall Fifli, fuch as Sharks, Bottlenofes, and Sun-
fifhes, playing above the Water. They are about the Size of a Man,
or fomewhat lefs. When we were upon the Coaft of Shetland^
which lies to the Northward of Scotland and the Ifles of Orkney^
with our Hooks and Lines we found ourfelves frefh Victuals, taking
Mackerel to our Hearts Content, being very well grown, and far
better than fuch as you have at London ; but, at that time, I had
neither Stomach to eat them taken, nor to be at the taking them ;
for, after I was a Week upon the Water, the continual Motion fo
difordered my Body, that half a Bifcuit ferved me for more than a
whole Day's Provifion. Our Store-Fifh was fait and ftrong, Beef of
fuch Temper and Saltnefs, it was not Meat for me. We had in
the Ship Beans and Peafe, and frefh Mutton every other Night ; but
all was Chip to me ; my greated Comfort was the Beer, whilft it
lafted good, which I took well warmed ; but, at laft, that proved
worfe than all the reft, for it ftank moft abominably. I loathed
ftrong Waters more than any thing, and could not come at the
Sweetmeats provided for me by my Friends. All my Relief was a
little burnt Claret, which now and then I took well warmed, but
had not Skill enough to keep it. For ought I fee, what pleafeth or
is loathfome, is all alike, for neither will ftay above a Quarter of
an Hour at moft. In this taking I was more than a Fortnight
(now a little, and but a little better) I could not ftand, much lefs
walk; my eafieft Pofture was lying a-bed, which, I affirm, was more
tedious to me than any Jail could have been ; my Head fo dizzy,
that I was incapable of reading, or doing ought elfe that might wear
* away
^«
J*/"/- D U D L E Y N O R T H. 9
away fomc of my tedious Time. At firft I had fomc Diverfion fit-
ting upon the Deck, and feeing the Mariners follow their Work,
but that Sport lafted not long ; for, when the N. E. Wind began to
blow, I found cold Comfort there, and was forc'd to retire to my
Cabbin.
< Now we are in Sight of the North Cape, which, as moft of the ofthe^onh
Iflands hereabouts, is tipt with Snow, and the Wind comes extraor- sickncf"con-
dinary cold from them. I am of their Opinion that fay, a Mile's tinuiog.
Travel at Land is fpent with more Pleafure than ten at Sea ; for
there we have Expedtation of fomewhat novel every Night, befides
the Entertainment of the Day, but here we are at a Lofs to enter-
tain ourfelves at all; as hath been my Cafe hitherto, fit for nothing
but lolling a-bed, and that with no Eafe or Delight; but he muft
needs lie that is not able to go or ftand. Do but imagine what a
Condition it is, and how miferable, neither to eat, drink, fleep, nor
do any Thing elfe but with an abfolute Naufea and Reluctance ;
not to have fo much Entertainment, as the Viciiiitudes of Night and
Day might afford ; not one Perfon to fpeak to, that I ever faw be-
fore. This is now my Condition; I begin to pracflife what I defpifed in
others, who count their Time by Meals and Evacuations ; for even fo •
are all my Eftimates. I think I ought to be well, however other-
wife I find myfelf, and charge the Grumbling of my Guts, and
Qualms that come over my Stomach, and Dizzinefs of my Head,
upon being out of my Element; then lay me down, with as much
Patience and little Eafe, as if I were tied Neck and Heels, without
Ability to rife; fo I continue till I think it meet to eat or drink,
which (as moft conducing to Eafe) I do very fparingly; for the tenth
Part of a Meal, at Land, is Excefs here.
< I think the Seaman's Life fit for none but fuch dull Souls as think Put to hard
themfelves happy in keeping a Place warm, as wide, tho* feldom fo ^^^^"*
long, as a Coffin ; and this for one four Hours, which they call a
Watch; and when thatTafk is over, are as happy in the enjoying a
Walk a little larger than the aforefaid Lodging ; where their Turnings
are fo quick, that it would puzzle one to imagine what they are do-
ing. No Time is fo pleafant to me as when the Wind blows freih,
and I fee 24 or 25 Men ftand curfing themfelves, and damning others,
juft as if the Devil himfelf and his Comrades were come to fliew
Tricks. Then I get me to a Corner, where I am fure to be out of
the Way, and fit me down pleafed with obferving, till a new and
contrary Motion of the Veffel raifeth a Tempeft in my Guts, and
then, to lighten the Vefl'el, I heave overboard all I ate laft, and have
enough to do to keep back Entrails, Heart and all; and then I lay mc
down again.
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Dt fired to
learn Sailing,
bu: ia vain.
Rujfes came on
Board and
trucked.
Of Diving
Foul.
The State of
the IVhite Sea,
and the Iflands
The LIFE of the Honourable
* I envy the Condition of thofe that have Store of Employment,
' and are {q far from devifing Ways to pafs Time, that the Days are
* not fufficient for the Bufmefs : But as foon as I get me afhoar, I
* hope to have myWifh'in thats for I do not fear Want of Employ-
* ment,and have taken up a Refolution not to be idle as long as I can
* find any thing in the World to do. I had thought to employ myfelf
* aboard by keeping an Account of the Ship's Way, but am difappoint-
* ed ; for the Mafter and Mates, on whom that Charge lies, are a fort
* of People, who do all by mechanick Rule, and underftand nothing,
' or very little, of the Nature and Reafon of the Inftruments they
* ufe. And where that little happens, they are very fliy of it; and,
* if at any time one fpeaks to them, they think they have a Blockhead
* to deal with, who underftands nothing; and they will bear no Ob-
*jedion to their Didates. As for Reafons and Caufes, they lie beyond
« their Capacity; all that's not fet down at large in their Books, they
* account no better than damnable Dodrine, and Herefy: Their Quo-
*• tations are irrefragable, and not to be difputed.
* The Weather is now become fine, warm and funflilne, and the Sea,
* by Ufe, more tolerable, and we are in Hopes not to continue 24
* Hours upon it ; for we have Land on both Sides, and our Port about
* 30 Leagues a-head. Yeflerday we met with a Rufi Boat, and brought
* her by the Lee ; fome of the Crew came on Board us, and the
« Sea-men trucked fome Tobacco with them for their Capeaks, or
* furred Caps,and,having enquired News of their AfFairs,difmifred them»
* It is commonly faid, and I believe true, that Willicks, Sea-Pigeons,
* and Divers, as alfo other Birds, that get their living upon the Sea,
* will fubfift two Hours, or more, under Water; and they make Ufe
' of their Wings there to take their Prey. They affirm they will fink,
* with Wings difplayed, 20 Fathom, and that they have feen it ; and
* truly one may fee a Tobacco-pipe, or any white Thing, fink a great
* while in the Sea ; but how many Fathom I cannot tell.
* On Saturday Night we came to an Anchor before the Bar of Arch^
* angel^ being the headmoft of our Fleet. This is the Sea which is
* called the White Sea^ but moft unfitly for its Colour ; for 1 can com-
* pare it to nothing better than dead Beer, being as thick as that can
* well be. The Conditions of this Sea are worfe than its Looks ; for
' the Tides are uncertain and unaccountable. While we were a little
* before the Bar, among the fmall Iflands, and the Wind faint, we were
* mightily put to it, as to Trouble,but without Danger ; it happened
* that the Tide ran all Points of theCompafs in lels than 4 Hours ; fa
* we lay, and, for want of Wind, could not help ourfelves, but were
* carried and turned about, whether we would or no; which made us
* drop our Anchor, and expert another Tide. In tlie mean Time wa
* went
i'/V DUDLEY NORTH.
II
went aflioar on one of thofe fmall Iflands, which we found overgrown
with Wood and Mofs ; the Wood was Pines and Fir, which, though
let alone, comes not to any Magnitude, but, after it is full grown,
dies, and then, lofing the Bark, ftands naked for fome Time, and
flioots out long black Hair to the Length of a Span. The Place was
not inhabited ; but yet, on the lower Ground, was excellent good
Grafs, which the adjacent Inhabitants in Summer cut down, and
make into Locks (which they ftake fo as not to be moved by Wind,
or Floods) and, when the Seas are frozen over, they fetch it away
upon Sleds, We faw here no manner of Beafl:s, and only the foot-
ing of Bears ; but we fliot fome Ducks and Geefe, and leaving the
Place, made to our Ship.
« The Wind was then frefliened; fo we hoifi:ed Sail, andpafled the Soldiers came
Bar very well, and made forwards about four Leagues. Then the sh'^rrin l-
Soldiers Boat came aboard us, to take the Names of the Ship and Ma- ground, but
fler. Thefe Fellows being flrangely, I may fay fantaftically, clad 2°^ off.
and armed, the Eyes and Attention of the Sailors (obferving them)
were diverted from their Bufinefs; fothat, when the Pilot cried Star-
board, the Helm lay flill a-port, and, in lefs then a quarter of an
Hour, we were a-ground. Now began the Game; for you might
hear one fwear, and another flamp, and all in an hurry; forty feveral
Ways put in Practice at once, to get off the Ship, which, after an
Hour or two, began to move again; but we continued fo doing only
into deep Water, and then we caft Anchor again, and, at next hoifting,
came to the defired Place of our Stay.
w
Refidence at Archangel.
E went afhoar, to live in Houfes built with Trees laid alone one The Houfin^
upon another,and let in at the Ends; the Streets are paved ^v"*^,^^
with Trees, and the Houfes covered with Birch Bark, The Ground, '^^ *"^' '
where the RngliJJo are appointed to dwell, is paled round with great
Trees fet upright ; the like is for the Dutch ^nd Hamburghers. The
Emperor of Rzifjia fends down every Year a Governor, and a Gort^
or Judge, to keep the Peace, and decide all Differences. Their Law
is in tlieir Heads, and what comes out of their Mouths is without
Controul, or Appeal. So that whatever Difl^erence arifeth between one
Man and another, it is fure to be fully decided in lefs than an Hour.
After the Parties have once fpoke, he gives the decifive Stroke, and
there's an End.
* Now this is a fine Place to live in, Viduals of all Sorts plenty, rheflrangc
f and brave funfliine Weather ; as we failed along^ the Coaft of Norway y Serenity of ihc
C 2 h ^^"-
II
Of the Na-
tives, their
hot Houfcs,
and Women .
Their Supcf-
ilitioQS.
Charafter of
the P«ople.
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The LIFE of the Honour ahle
I fancied the Clouds, tho* loft in the Horizon, were but a Tmall Di-
ftancefrom us, which this Place confirms; elfe one Place could not
be fo very ferene, and another fo cloudy, and that almoft conftantly
For at the North Cape, it is rare to fee the Sun ; and here, at Arch.
angel,^OM\ 200 Leagues diftant, not a Cloud to be feen, for divers
Months together; when we were 2 Leagues diftant from the huge
Mountains on the Coaft of Norway, we could plainly difcern the
Clouds to pafs between the Mountains and us.
* One of the Inconveniences, that lie on thofe who dwell in this
Country, is that the People are fo given to Naftinefs, that nothing
can be eaten out of their Hands ; you ftiall have perhaps four Bro-
thers, and as many Sifters, with their Father, Mother, Hulbands
and Wives, all dwell in one hot Houfe {fViJbie, they call it). They
have nothing but a little Straw ftrewed on the Ground to lie upon.
They wearloofe Garments above, with linen Drawers,which go down
to their Heels, and a fhort Shirt underneath, like a Coat. To this, in
the Winter, they add a Cafftan, as they call it, which is an Under-coat,
the upper they call a Shube. And, for their Boots and huge thick
Stockings, and double Mittens for their Hands, they never alter, but
continually wear them. The Women, I think, are the moft deformed
Creatures that ever were feen ; generally ftiort, and, by Reafon of
their lying in JViJhies and Bapes, very fwarthy. Their Wear is, for
the labouring Women, Boots; but, for them that keep Houfe, nei-
ther Shoes nor Stockings ; they wear a linen loofe Garment next their
Skin, for the moft part, without any thing elfe ; but fometimes they
have another of blue Callicao over the other ; but that is all.
• The Men count it a Sin to have either long Hair or a fhort Beard,
They are extremely fuperftitious: Every Man has his Objed: of Wor-
fhip; but fome twenty or more. They are Commodities fold in the
Market; and they will not fell any to a Stranger, or fufFer him fo much
as to touch them. Thefe are Pidures of the Saints, and that of our Sa-
viour. The great Men burn Lamps before them Day and Night, and
adorn them richly with Gold and Pearl ; but when thefe are worn
out, and they cannot fee any thing of them, they hold it not fit or
lawful to burn them, but, in a folemn manner, carry them to the Sea,
and there fet them a drift to ftiift for themfelves.
/Thefe People are generally Thieves from the firft to the laft, and
fteal not only from Strangers, but Neighbours; andPofTeffion is all
the Law they have among themfelves. Drinking is their only Rftime;
and he that is not drunk on an holy Day, or Sabbath Day, is neither
a Friend to their God nor Emperor. They are all left to get their
Livings the beft Way they can. He, that is a Carpenter to clay, is
* a La-
Sir DUDLEY NORTH.
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a Labourer to morrow. Every Man breeds up his own Sons, and it
is a Shame to be wifer than their Forefathers.
< This Town of Archangel ^diudis on a Bog, and if you offer to ofthcCitr
walk out of Town (except one Way, which is by the Water Side, ^^^ Country.
leading to a fmall Grove of Trees, that are of a competent Height,
and moftly Pine,Fir,and Birch) if the Way be not paved with Planks,
as ordinarily is done to make a Paffage from the Town to fome Wind-
mill, you are prefently over Shoes and Boots. Among the reft of the
Iflands, fome are very good Ground, and bear Corn of all Sorts,
which, after it is turned Colour, as it will in five Weeks after it is put
in the Ground, they cut down, and lay in the Sun to ripen or har-
den ; and thus they often have two Crops in a Year.
' You ftiall not fee, in all this Country, one hundred Acres of good Religion ani
Ground without a Monaftery, or two, or three, in Sight of it ; who will, ^onafterics.
may ftiave himfelf a Fryar ; but it is feldom done, unlefs in Sicknefs;
for they think, whoever dies without the laft Unction, cannot be
faved ; and he, that recovers and lives after he hath received that Sa-
crament, is a Frier all the reft of his Life.
* In this Country, the Huft)and is the fole Commander of the Wife, Power of
who differs very little from his Servant. Many will marry their Sons ""^o^s-
very young to lufty Baggages, on purpofe to gain able Servants.
< I fliall add (tho* not very material) the Procefs of making Tar, TheProceft
the Produa of this Place. They dig a Hole in the Ground, of a ^f^'^^-"^*^-
competent Size, fome two or three Fathom deep; and, a little lower '"^*
than the Middle, they make a platform of Wood, and thereon heap
Earth about a Foot deep, except in the Middle, where an Hole is
left in the form of a Tunnel. Then they fill the Pit with Fir Billets
piled up,from the Platform, and rifing about a Fathom or more above
Ground, which Part they wall about with Turf and Clay, to keep
in the Fire. They command the Fire by quenching ; for which Ufe
they make OiLixroium of the Aflies of Fir. When all is ready, they
fet Fire a-top, and keep the Wood burning, but very leifurely, till it
comes within a Foot or two of the Partition; and then they heave
out the Fire as faft as is poirible ; for if it once lay hold of the Tar,,
which is fettled down into the lower Pit, it blows all up forthwith!
Thefe Tar- pits take up a great deal of Trouble, and many men to tend,
them, during the Time of their burning, that the Fire may defcend
even and leifurely, whereby the Tar may have Time to foak out o£
the Wood, and fettle down into the Pit. As it comes from the Wood
it is pure Tar, bat, in the Pit, it mixeth with Water, which iffues
from the Wood, alfo; therefore it muil be clarified, from it once or
twice.
*^Thfc
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^/^ ^^^ ^'IFE of the Homurahle
' laid ver; thick one lonJ^.l?''- u"'' ^^^t round Pebble Stones.
' they bum arArm full or r%',?.'f''°"'""y^°^'^'-- J" ^^is Oven
' the Door open for th" ILZ^ f ''''''' '"u'"-' '^"""S "«= F^^«. '"ve
'Way pa. L"'tir^|-f oftE K^o:^]^^^:^^ ^"^
' Helttr rao^ra?y^'2°;;^,°? fb '^'^ ^ ^'^^^
; Sweat fl^al, run Sr^outrwt :nd^&"£ 1^^^^^^^ ''^^
'SoT„;•n?;:Se"t?v:f^^^^^^^^^
• to the Top of theRoom or Zn7 ''•' u^'V'J' ''°''^ "P '^'" Heads
'what Degree you D^e b//n -"P^^m .T^^ ^"' '^<^ ^oon^ to
• which dfthwrdeSuIy'auLi if Ttfe^J''; "P°" ?\^^°"^^'
'mon Things that t\LTfI^^r ThtCe Bajoes are fuch com-
' of Wood, and have no Sorrof M,;. • ! ^r u '" t^^ ^"""""y »■•«
♦ with ^reatTreVs with rF,H, f ^'"",'? -f "■' ''•■"' ^"^ '°''^'^'i
•are flung down at 1 ,t D or i J''^" ,^ I' '^^ happens, the Goods
' hfc, ^ ^""" "" '^' ^'°^"^> '-"'d "II the Goods reimin
' it i^Ti;: ttt g^to Sea?"^'^'^^' '''' '"^ "^^^'^^ '''°- -Id .
Vo^^iigi
Manner of
Work and
Buiidinij.
J/> D U D L E Y NORTH.
Vo'jage from Archangel ^o Leghorn,
IJ
Weather, niftrefs by
quite X:^:^^^^
^ Winds.
' A Fter we came to the Height. of the North Cape, our fair Wea
« ^^ which we had at Archangel, and fome part of the Way,.^^..^
* left US; and there fucceeded nothing but Storms, and exce (five' raw,
* cold, and fnowy Weather. At firft (in Weather bad enough, but
' nothing like to what followed) we fplit our Main-fail, and then we
* brought too a foul Weather (that is a bran-new) Main-fail, but all was
< not fufficient 3 for, between Ireland and the Height of the Cape, fuch
' fretts of Wind came down upon us, and fo fuddenly, in fuch con-
•traryPointsof the Compafs, that Canvas could not fuftain it; but
* lying a-try, as they call it, that is, with no other Sail out, and a
* Reef of that taken in too, we fplit our Sail from Top to Bottom, and
* the better Part was blown quite out of the Bolt-ropes, and the reft
« not faved without much ado. All this while the Ship plowed her
* Mizzen-fhrowds under Water, and then we were fain to lie a-hull,
* at the Mercy of the Sea and Waves. It is ftrange to fay what mighty
« Seas we had many Times. Curiofity made me leave my Bed, tho'
* very fick, only to behold thofe Mountains of Water, which rolled up
< and down. Conceive that the Water which is a-top, is made to
* move fafterthan the great Bulk below of any great Wave driven by
* Force of the Wind ; fo you will imagine how it mufi: break over the
* reft, all in white Froth. And this the Ship is fure to have, when it
« happens that fhe is on the Wave, and the Break is on her Side. We
« fhipt Seas over our Poop, and upon our Broad-fide, from Stem to
* Stern, and after had our Main-yard wafh'd; nay he was fure to be
* ducked that was at the Yard-arm fpilling the Sail.
' Thus having loft all our Main-fails, the only Refuge we had By Fro/J
« was, when the Wind ceafed a little, to bring a new Fore- fall to the ^"°'^ ^°^
* Main-yard, and fo fometimes a-try, and Ibmetimes a-hull, we bufked ^''"*
* it out, Rain and Snow continually falling. Perhaps for three Watches
*Timc a nipping Froft, and prcfently after comes Pva in, and then
* Snow, which, frozen on the Shrowds, fell down ready to knock the
^ Sailors on the Head ; fometimes between Winds, when we went to
'•loofe our Top-fails, they were fo frozen, we could not get llicm out •
* nay, our Main-tacks and Sheets, being hard frozen, if we but offered'
« to bend them, broke like rotten Sticks. After thcMain-hiil was fplit
« we had hxteen of our Men down at once of tlic Cramp in their Bone^'
«oneftaying in the Fore- top, but till his Fellow u-i^tdown for a Rope'
•tofpill the Foot of the Sail, which was blown out, was frozen, ami
f foiccd to be handed. down,.,arid laid into a warm Bed; I believe no.
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Coafting ia
the Streights.
Win(Js tlicre
uncertain.
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TZr LIFE of the Honour ahk
without great^Dargfr 'dVwS ';i?a1. rst^^^^^^ thrBlc^?' ;°'
land, we bad fair Weather and good WiS and fo ->K "^'■'"
5«;g «traordi„ary. but what I h^ave' ::;i^ ;r J^ /^f^^JX
f^: bM here *., „^, i, a k„^iM.?tt"l„T^/""™"S
ruling to p.y ,!„„, s, Dolte, »= 4re Wd Vo k«r, aft Z
^*Ar/^/:7/^j. vve palt the Gulf of Lyons terrihlp to „.i
the Joco di Pontc, as they call it: It is a Game between one Side ''-"•
D .of
i8
Of the Build-
ings and the
leaning Tow-
er.
The folcmn
Hunting.
The LIFE of the Honour abk
\ f5/' ^'r' ''"'' '^^ °**'' *^ "^"^^ t^i"? pretty equally divided •
Sk '" 'i'\'"*""'='-' r'' ^^*Pt«i"s of the >. are chofen bythe'
Duke, and they get what ftout Fellows they can to be of their Side
whom they divide into Companies, and^iftinguTrh by painted
Rickram Coats, perhaps three or four hundred Ja SiS ^Upot
• Ind tt'^P^'."'' Duke and Ladies take Places on a Scaffolt^o juT
and the Parties on each Side draw up near each Foot of the Bridle'
armed to the Middle, with clofe Helmets, and great qu ked tS :
under the.r Armour, to fend off the Blows which they are Se fo
have la.d on. On the middle of the Bridge is a Ralua d a-crofr
.wh,ch, upon a Signal from the Duke, f^ies^,p (being made accord
.ngy and ftraight the Company on each Side^grthelfelt a Xt
« Srea^Iftr ' "". '? 7-'l\ '^^"^ S"' ''"°^'^'"g °"^ ^"other with a
great Liftrument of thick Board almoft like a Shield. Truly he
Play .s no other but who can crowd the reft off the Bridge ^Bur
what With crowding and knocking, they make a ihift to kilfthree «;
?-^u- "J"'"' ""'^vithftanding their Armour. °'
This Town ftands fifteen ItalUn, which I fuppofe cannot h^
as Z i: 1 T ''i"" 'r ^^^^'•«' ^"'l hath notTch Sr S^t
• fi Stone tI'^""'^! V" ^''\ ^"'^"' °f M"b!e. and other ITry
rair btone. It is moft famous for the Duom as th^v r,>Il r,»j..j i
; Churches which is built all of Marble, and ; f:rfekma,S^J,t
excecdmgly beautified within with Gilding and carved S^ToJ^'
but what IS moft to be admired, are the incomparable Brafs Gates'
rlJ p'^""''^'''' ^"'^u""' ^"dmoftcurioufiya'iorne^wthhifto:
ncal Pidure, out of the Bible, not in great, but in fmall Shapes
anl^ r''u-'"^ '"y i^'"« '"^^ '''^'"- At the Weft End there 5
'forSnVr" '"I'-'^T,"/;^,'^'"'^ '^'g^' ^''i^h contains only a Fon
for Baptifm, and is called Ue Bapti/ia. On one Side ftands a BuiW
« Sh^?.:SrEa^r;h^'*\^"K^^ '^^^/ ^^^^'^ Ark, and^^fiiled
ym jerujalem Earth, which, they affirm, confumes a Man in
twenty-four Hours after he is buri«i: That which Teft^emed the
wtf hT^°? " 'I' Z'''^'^' '' '^' S^^P'-. which ftandrforit!
whadiftant from the Church, and leans very much; fo thatTu
would ftvear It could not ftand an Hour. I w^as withi^, and on^the
Top, which 16 very high, upon which it hath eight creat Bells »nd
fide" '':^'"^ T- 'V '^''^' ""^ '■' incline?as SL of theTn-
fide as without, and is all of pare Marble
; ^"t "°w to our Game, which was after this manner: The Place
W . u'^ »']="'^Mile over, begirt on all Sides with very Thick
Se°of rhe%V'' Deer and wild Boars are in great abundnnc^ Ont
• V t Jwch the n.: n ^"^ ^"^'" '^' Y'^' '^ P^'^^ ^"h Can.
. vals, which the Deer, will not venture to take over. When the Duke
•and ■
.T/V D U D L E Y NORTH.
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and theLad.es have taken their Places, provided in the Field on Dur
pofe for them the Country People, who are difperfei in the wSl
in great abundance blow Horns, found Trumpets, make Fires flioot
Guns hollow, and make all the horrid NoHes they can de;ife to
fright the Game into the Plain; which no fooner apLar but Men
and Dogs do their beft to kill them, fome on Ho. lebal with La^e
and Speais fome on Foot with Javelins and Halberts : Guns are no
permitted, but to the Duke only: No fort of fair Play fliewed bu
fi ff l^ '!iT'u l^'%\'"''^y f'ing that appears. He \l lat^iv; the
firft Wound hath the Humblets for his Pains. It is v e, y .cod Spo t
and wants nothing but to be rewarded as oursin£../,'//vvith S
Eating after it is over ; for their Deer are meer Carf ion which none
cares to eat of; but the Great Duke powdereth t!:em np for the Gal
iTlUb r/"yn'*'""yj" '^'^ """-^'■' i" three iKsS^et
kill about forty Deer, and perhaps as many Hogs '
.atte^f^r t; ST m'l^"^ 'u"' " ' "° '^^^ ?- ^^"X" -' -«
Hunt. '^'' ^^'^^P^ ^' ^^is general Pfcfavcd.
' The like Severity is ufed for killing Geefe or Diirl-c: wl.;.i. k •
thnc are .„ umm.g,„,ble Number of bo.h, as 1 fa^, coveriM S ""'■
Race which I. large , and fo tame, ,h.,, '„„ „„, paWr b, wkh
SomSg '"""•""" •"■ " '"" »" "if' -I"™ A Voir
LTiar^rf t itwt:: tit^^-^ l>''clf.U^£
rrr:|h±r"^L;;£;fiMp^^S
by two Ways, either with Piles drove into the Ground and then
firft throwing in Mortar, and after it Stones, till the Work aotSr
^ 2 . ^vith
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Excrcfccnces
find CoaeU'
Itorii ot Stone.
10 7%e L I F E of the Honourable
< with Cords upon the Place defigned for them ; and fo having many
* ready, they fet them one upon another till the Tops appear above
* Water, and then build upon them. They fay this Mole, as alfo that
* of Ge?2oay which is accounted the beft in the World, are fo built.
* But, on the back-fide, towards the Sea, are thrown thoufands of
' Rocks, without Order; whereby you may conceive, that the afore-
* faid Building ferves not fo much to keep off the Violence of the
* Sea*s Breach, as to make a perpendicular Wall, fo as a Ship, that
* rides behind it, may ride clofe without Damage.
* Now I am fpeaking of Walls and Stones, I fhall fay fomewhat of
* my Obfervation as I pafTed over the Mountains between Pifa and
* Lucca, I pafTed by Places which were in a manner perpendicular,
* and feem not made fo either by the falling or taking away of any Part,
* and faw, as it were, great Wens grow out as you know common
* from Trees, efpecially the Maple. I remember, at the Mole of Leg-
* horn, I took fpecial Notice of Pieces of Rocks thrown there of per-
* haps ten Ton Weight, which one would fwear, at a near View,
' were only great Heaps of Clay ftuck with fmall Pebble-ftones ; but,
* coming to touch them, fuch was their Hardnefs, though feeming fo
* foft, that you could not with any Force part away one of thofe little
* Stones (the Whole being but many of them (luck together) with-
* out breaking, as would happen rather than the Mortar, as I may call
* it, would let go its Hold.
The Carnival. ' ^^w is the Time between Chriftmas and Lent, which is call'd
« Carnival. The People ufe all the Mirth they can devife; fuch as
* paffing in Mafquerade Clothes, one after one, and another after an-
* other manner; tofling Eggfhells with fweet Water, where they fee
* Women they like ; and thus tofling Eggs at firft, the Women will
* reach them till the Basket be divided betwixt them, and then to
* pelting each other they go j and fo are all Sundays and Holidays
* fpent.
' The keeping the Calcia at Lucca very folemnly this Year, invited
' many from this Place, whereof I was one, to go and fee it. It is a
* fair City, the Head of a Republick, that lies between the Moun-
* tains, of which fmall States there are many hereabouts. In this
' Town are many fair Palaces and brave Buildings of Stone, but the
' Narrownefs of the Streets fpoils the Beauty of them. It is finely
' walled about, and hath a flrong Garrifon continually in it. The
* People are accounted the civillefl in all Italy, and, in their Cuf-
* toms, are nearefl to the Englijh of any ; nor are they fo ilridt
* over their Daughters, nor jealous of their Wives, as their Neigh-
* bour^.
* The
Sir DUDLEY NORTH.
21
Of Lucca,
\
« The Calcia is a Play to which the Inhabitants invited the Duke rhzcaku
of Hinjburg, and I believe cofl them three thoufand Dollers, for they, ^^"*
who played, were all in (white on one Side and red on the other)
Sattin Doublets, with fuitable Caps ; Trumpeters and Drummers with
rich Liveries of the appropriated Colours, and laced. There was
one hundred and forty that played of a Side, all thus habited; the
Princes of the Calcia and their Pages in Cloth of Silver. The Play was
almofl after the manner of Foot-ball ; only they obferve no certain
Goal, and flrike the Ball with their Hands, and they, who can get
the Ball beyond the appointed Bounds, win ; but the greateft Sport we
had, was to fee them fight for the Ball when it was in the Middle of
them all,
< i^^Fe^r. Now Carnival begins to grow hot, the Sundays come oftheWomco
not about fafl enough; fo that fcarce a Day is for Bufinefs, but all a^^'^^^''"-
for Sport ; he is a wife Man that now knows of what Sex his Com-
panion is; fo frequent is it for Women to alter their Habits. But then
the Man fliall be in Petty-coats (if it be for nought elfe but to accom-
pany his difguifed Bed-fellow) left her Difguifing fliould be a Means
to fet a Beaft-like Mark upon her Hufband's Head. So damnably
jealous are thefe,and fuchaFafhion is it to be fo amongft them, that
he, who, at his going abroad, locks not his Wife up, not fufFering
her at any Time to ftir abroad, unlefs to Church, and not then
without a Guardian, is efteemed no lefs than the worft of Cuckolds.
Nor is their Jealoufy lefs over their Daughters, who are kept in the .
moft extreme Severity imaginable; fo that their Sweethearts make
Love to them at the Window ; nor is their Confent at all thought
neceflary, if the old Man can but find a Match to his liking, be the
Conditions never fo bad on the Maid*s Side ; but yet they have the
Wit to allow themfelves all the Freedom in the World, it being no
Difgrace for the beft Man in Leghorn, to keep two or three Ladies
of Pleafiire, and to own it publicly ; nor do the light Sort of Women,
of which there are in this Town abundance (nor indeed are they
fcarce in any Part oi Italy) imagine any Difgrace, in publicly own-
ing their ProfefTion. And I believe their frequent going to Church
(they appearing moft fervent in their Devotions) aims only at likeSuc-
cefs ; as when the Sea-man returning faid to his Wife, Are you turned
Bawd yet f No John /aid the Woman, I am a Whore ftill, and I hope
God will keep me Jo.
' March .... Now the People of this Town have a Devotion Devotion to
to a Place c^W^di ^t. J acopos, about a Mile out of Town t^i^ty Friday St.Jaco^c.
in this Month; whither Wives and Daughters, who at no Time dCe^
fee the Sun but at their Windows, and in a fhortWalkto theCiiurch,
now have the Pleafure of fo fine a Walk, to their own refrelhing no
' lefs
It
Things.
'Englijl) Danc-
injj, and the
The LIFE of the Honour ahle
* lefs than the Delight of fuch as pretend an Intereft in them, and
* yet never faw more of 'em than their Heads at a Window.
* The Women of this Place are for the mod Part black haired, fomc
* of them fair and well featured, and (for the better Sort) go after the
* ^^gl[ft' oi* It^rencb Falhion. 1 remember, I have heard you fay that
* Fafhions and Manners generally travel from South to North, which
* Opinion I would have you itcant; for here (he counts herfelf not line
* that hath not (omething Englijh about her. And to fay tills or that
* comes from England, ^wq^ a greater E flee m than we conceive when,
* at home, we call any Thing French or Italian. And this, not for
* fome Particulars, but, for all manner of Things. The Men alfo are
* habited in the fame Way.
• Here is a Fellow in Town, who lived ^\c or fix Years with a
^;r DUDLEY NORTH.
3
rfrnp^ronhe * Merchant in London, ^x\^ this Carnival, taught fevcn or eight of his
Country
Vifirs RV
rence.
' Comrades to dance after the E?/gIiJh Fafliion, only two or three
* Country Dances, which they performed at a Fi/h'ce (that is a Meeting
' for Dancing) and with fo general Applaule, that it is faid the Great
* Duke will have them dance before him at his next coming to this
' Place. This is only to (hew the falfe Relations of many who travel
* thefe Parts; and that we have noReafon to undervalue ourfelves at
* Home fo much as many do; I not finding any one Thing, which
* may make me prefer this Country,fetting alide only the Stone-build-
* ings, and the Temper of the Air in Winter, But then, as the Winter
* is temperate and ferene, and the Fields green, fo the extraordinary
« Heat of the Summer burns up all ; wherefore the Winter is juftly
* efteemed the moft pleafant Time. I am not, in what I fay here, at all
* partial, but endeavour as near as poflibly 1 can, to exprefs my own
* Senfe of what I obferve. And I am confident none can tax what I
' fay of the leaft Falfity, whatever may appear of Negligence or Igno-
* ranee in ill fetting it down; and I would not have any one think I
' efteem it an Excufe or Commendation to myfelf to fay, as I muft
* do, that my Thoughts are here fet down without either Premedita-
* tion or Alteration.
* The tedious Stay of the Hollanders Convoy, on which I intend my
' Paflage to Smyrna, makes me continue at Leghorn longer than I am
« willing; it being to melofs of Time as well as chargeable; fo that,
' having nothing to do, my Bufinefs not lying here, i undertake a
* Journey to Florence, which is a City about fifty five Miles from
' hence: ThatNearnefsof the Place, Convenience of Company, and its
' being fo well worth feeing, inclined me to bring that Voyage under
< my Account of Expences, which will be confiderablc, lying flill
' here. Perhaps my Friends may think this vifiting of Places no Sign
* of good Hulbandry; but let it be confidered that an idle Perfon is fub-
+ *jed:
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Jed to Expence, wherever he lieth, and the well Employment of
Time, and Experience to be gained this Way, may countervail fomc
Encrcafe of Charge.
* The Road to Florence is all along very pleafant. Corn Fields, OfthfCountry
green on all Sides, and planted with Willow or Sallow Trees pretty ^^^^^^^^^^y-
thick, but orckrly, which ferve only for Stakes for the Vines which
are planted at their Roots. The Country in the Plains very fruitful
and pleafant, and very well watered with Rivulets, which fpring from
the rocky Mountains not far ofi^. On all my Way to this City, I have
not feen any fallow Ground at all ; but they ufe dunging the Ground
fo much, that it is a very ordinary calling for young fellows to
travel the Roads, with a Bafket at their Necks, to pick up Horfe-
dung, C5'<:. which they fell to Country-men at a Price according to the
Quality. The manner of Landlord's dealing with Tenants, is quite
difi^erent from the common Ufe in England y for they bargain with
a Country-fellow, as well as they can, for what Share of the Crop
the Man will allow; he being at the Charge and Pains to till the
Ground, and the Landlord ufuaily finding half the Seed, and hath
commonly the fame Part of the Crop; but they regulate their Bar-
gains according to the Fruitfulnefs of the Land ; fo alfo for Wine
and Oil.
* I have often feen thofe three moft ufeful Things in the World The Gentry
produced in one and the fame Field, the Olive-trees amongft theCorn, ^^'^^cR^^^"-
and the Wine in the Trees. But, in this Place, the Gentlemen have
one Prerogative which, for Contrariety to our Ufe, may ieem ftrange.
No Country-man is fufFered to fell any Wine but by Wholeiale ; Re-
tailing being referved as proper only for the Nobility and Gentry :
And to fignify tlie fame, you fhall not fee a Gentleman's Houfe any
where, without an empty Flafk, and there the People go and fetdi
theirWine Flafk by Flafk ; and in Florence, he, that hath a Flaik hang
longeft at his Door, is counted the richeft Man.
* The City of Florence ftands upon the River y^r«o whereby it is oi Florence
parted, but joins itfelf again by four Bridges, upon the chief of which .^"^ "^ B"»^.
difcernable by any Man that flands upon the Ground, yet mount-
ing a few Steps, it may be feen ; and by this we judge how thick
the Air is; for in the thicker^ Air you mufl: mount fo much higher
to fee it. This I alledge, to'difprove the Reafon given for the Sun's
Abfence a-low, and Appearance upon the Top-mafl Head, to be
the folid Earth or Water, from the Convexity interpofing ; for that
is always the fame, and cannot change with every Weather. This
is an excellent Place for Experiments of this kind ; for we perfedly
know the Diflance of Ships from us, by Land- marks, which of
Neceffity they mufl pafs ; and a fmall Matter of Clearnefs or Thick-
nefs of the Weather, makes fo much Difi^erence, that we judge it
by how much we can fee of a Ship, when fhe is at fuch or fuch a
Place : And, with Help of Glafics, we fhall only fee a Ship's
two Top-fails, when, in clear Weather, we fhall fee her low Sails
alfo. And the like Difference is between the Clearnefs of the Top-
fails more than of the lower, which confirms this Opinion.
* As to the Greeks of this Country, they live not up in the Mid- The Cn^ks
lands, but in few Places; their Refidence being mofl in Port-Towns ^^pp'^^^"* ^r
as here, Conftantinople, &c. The Illands of the Archipelago are
altogether inhabited by them. Thev pay to the Grand Signior
yearly fix Dollars an Head, Poor and Rich, which is levied by
* the
30
Trades go-
vcrned.
State of the
Creeks.
i
Governors
tyrannous, and
yet Slaves.
Of Tttrkij7j
Government.
L I
•' i
Tihe LIFE of the Honour ahh
« the Arachgees, the Duty being called Arrach. The "Turh have
« diverfe Ways of eating (as it is here termed) upon them, often punifh-
* mg them for their Habits, if in it they at all incline to the ordinary
« Wear of the Ti/r>6i. Every Governor, upon his firfl coming, will
* be fure to fine them in a round Sum, which they levy among them-
« felves as beft they may; their ufual Way is to join Trades, and brine
' the Money in. ^
^ * All Trades here have Heads, much like the Mafters of Companies
' in England, who fee that every one doth his Duty. They have
* Churches; and all Freedom in performing their Ceremonies, that
* poffibly can be allowed them ; the Turh holding, that all Men are
* to be faved by their own Religion; fo that neither Chrijlian, Turk,
' not Jew can curfe cither's Faith, but, upon Complaint to the Maei*
« flrate you may have them puni(hed.
* The Greeks are generally fo poor, that they are not looked on by
« the Turks with any Envy, but Scorn ; few ever attaining to any
« great Eftate; but if any happen to do fo, he mull look to bribe
^ high fuch great Men as know him, to keep them his Friends, and
« live in what Obfcurity he can. But, after all, it is very hard for him
« to behave himfelf all his Life, foas, at one Time or other, they fliall
* not find an Hole in his Coat, at which they drain out that which
' otherwife might have troubled his Children to divide; but, if he
* keep it till his Death, what Children he has fhare it.
* The Power, which Governors of Towns have over the Greeks, is
« uncontroulable; none being able to conteft with a potent Turk, un-
* Jefs he can make one more potent his Friend, and fo efcape. Thofe
* that have Lands, hold them by a Writing, and Turkijh Witnefres,who
* muft be prefent at the Bargain. Of the Fruits they pay one Tenth
* to the Aga of the Place, who, buying his Government of the Grand
* Signior by Extortion and what not, makes as much as he can of
« it during his Abode, which is never long ; the Poor of all Sorts are
* Slaves to the Rich, and, among the Rich, there are often Money, com-
* bats ; that is, they go to Conjiantinople and bribe for Places, which
* may make them Mafters one over the other. It is common fo as not
* to be thought at all flrange, for a Chiaus to come down, and take
* ofF a great Man's Head, and then eat up all he finds of his.
* Turkijh Government is Tyranny in the higheft Degree. And thefe
* Inconveniences come of it; that no Man is fure of enjoying what
« he is pofTefTed of an Hour, but lieth at the Mercy of his Superiors;
' and yet there is no Place in the World in which an ingenious Perfon
* comes fooner and certaincr to Preferment, than in the Turkijl) Court.
* For there is no Nobility, nor doth any great Man's Son enjoy his
* Father's Eftate ; but when any rich Man dies (that is very rich) the
* Grand
.T/V D U D L E Y NORTH.
31
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3rand Signior prefently takes what he can find, and gives a Por-
tion to his Children, as he thinks convenient. He, that rifeth from
a Foot-man to be a Baflia, is not at all dif-efteemed for the Meannefs
of his Birth, no more than a poor great Man's Son is efteemed for
the Height of his, after his Father is dead, or in Difgrace.
« We live here in a Country admirably pleafant, and bringing forth Happy situa-
all that's to be defired both for Delicacy and ordinary Food. I (hould "°" ^^''^^^'
efteem the Natives here, were they not fo much enflaved by their
Rulers, for a People living in the Height of Happinei's; but, as they
are ufed by the Tyranny of the Place, under which we alfo groan,
it is far otherwife; only we have this Advantage, to think of our
Friends, and returning to them in England^ which is the greateft
of our Felicity.
* The People of this Country, and others, are fo extraordinary much of thcHouf-
for the Time prefent, that none takes Care, when he builds an Houfe '"^' '"^ '^'^
that it may laft above twenty or thirty Years; by Reafon of which^ ^^"^""^"-
you (hall not fee a good Houfe in any Place whatever. They are
generally built of Bricks funburnt only, and laid with Dirt, which,
in fome Places, is daubed on the Outfide with Mortar; and often
they are fo built that a wet Winter waHieth them down. I believe
that, by Reafon of much Rain that fell here, this Place felt the De-
ftrudiion of above one hundred Houfes. When this Generation is
paft, and the Country comes to be inhabited by a People laborious
and induftrious, as hath formerly been ; in a very fmall Time, nothino-
will be left whereby Pofterity may know, that fuch People as the^
ever inhabited here. Whereas, on the other Side, all the Spite of
Time and the Turks, cannot raze out of the Country the Marks of
great and admirable Strudiures, as Fountains, Aqueduds, and
Temples.
* I wiHi that I were capable of laying down in fit Expreffions what ofcommor
I have feen. I have pafTed thro' Holes cut in entire Rock (of what t'ctnacaion.
Ufe God knftws) which were a Furlong long, and there perhaps
ftopt with Ruins ; in fome, clear PaiTages, but all in ftony unfre-
quented Places. As to what is faid concerning the Growth of Stones,
I think it reafonable and true ; for here on the Side of a rocky Hill
full of Springs, and of an Earth, fitter, as I fuppofe for Petrifica-
tion than ordinary is, I have obferved that which fully confirms what
is conjedtured ; for I found here, in feveral Places where the Water
hath fallen down, the Stones to be exadly like Icicles, which are
of a Sort fo intricate, that it is impoffible Stones fhould be worn in
the like Form, but muft proceed by Water and Earth petrified.
When you fee the Side of an Houfe down which the Water hath
fallen in frofty Weather, and there frozen, think you fee this Place.
* When
if;
#
it
J ^ The L I F E of the Honourable
« When I was about Florence, I faw many artificial Grots and Rocks
' with Water-works, in which the natural of this was perfedly imi-
* tated. Now I have feen the Original, as I may call it, lefteem the
' Copy far more than I did, or could have done before/
„. M After thefe troublefome Voyages well over, our young Fa(ftor found
StikaTplc! himfelf, what he infinitely defired to be, an Agent for his Mafter,
toragc very ^^^ Fador fettled at Smyrna, His chief Dependance was upon the
*''''^'' Benefit of his Commifiions; for his own Capital was inconfiderable ;
he had from his Parents but one fingle hundred Pounds advanced for
him to trade with. But his Mother, out of an Hoard (he had made
of fmall Legacies given him, and fome old Gold of her own, and
other Matters fhe had fcrap'd together, made up about fixty Pounds
more, and his beft Brother lent him what Money he had, which was
about two hundred Pounds, his whole Inventory fcarce amounted to
four hundred Pounds; and this was all the Beginning this famous
Merchant had. It doth not appear, that he was entertamed a Partner
in any Houfe, or Ragion as they call it, where young Men are as
Apprentices a while, to obfcrve and learn, before they take the Poll
of aaing in the Part of Buying and Selling; but he was independent,
and flood upon his own Legs. But it's probable that, as ufual in fuch
Cafes he was recommended to fome Merchants upon the Spot, for
Advice and Diredion in difficult Matters at fiift. And, fince I have
no better Light in thefe Matters, I take them upon my Memory, as well
as I can recoiled from his ordinary Converfation. His Buhnefs as a
Fador, befides what came from his Mailer, was inconfiderable, per-
haps a Bale or two from fuch Merchants as he had courted in Lon-
don by officioufly doing Bufinefs for them. In that Part of early Pru-
dence, he had not been wanting to himfelf in London, having there
officioudy ferved diverfe of the Turky Merchants occafionally, as they
thought fit to make ufe of him, and this with no View, but of their
Favour in a little Employ when he went abroad; his Mailer was no
deep Trader, and his CommiflTions were not great. It may feem ilrange,
that a young Gentleman, with fo fmall a Beginning as this was (fmall,
I fay, compared with the common Allowances of Merchants in our
Days, -viz. one thoufand Pounds at binding out, and one thoufand
Pounds at going abroad, or rather more, now very ordinarily beilowed)
Ihould be able even to fubfiil himfelf in an expenfive Fadory; and
how then to raife a great Eflate as he did? The Anfwer is very ob-
vious, that, with Indujiry and Frugality, fmall Things become great,
and, without it, the largeft Provijiom come to nothing.
He
J7^ D U D L E Y NORTH,
33
He did not, as mofl: young Fadors, fet up himfelf in an expenfive Lived thrifti-
Way of living, after the Example of thofe that he found upon the ^^' ^^^^^^y*
Place ; for he wore plain and cheap Clothes, and kept no Horfe, and
put himfelf to Diet as cheap as he could ; and, in all this reafonable-
Condud, he was forced to muiler up his Spirits in Oppofition to thofe
who flighted him for it ; whom he as much flighted by a fleddy Per-
fcverance in his own Way. There wanted not thofe whoexpeded more
of Gaiety from him, as well on Account of his Quality, as of the or-
dinary Example or Mode of the Fadors there, altho* fome had Oc-
cafion for as much Thrift as himfelf. A young Man of Spirit hath
enough to do to refifl his own Inclinations, and needs not the Impor-
tunity and Example of others, to tempt him towards loofe Excelfes ;
and it is not a common Firmnefs, I may fay Magnanimity, that can
get the better of both. I have heard him fay that, from the Time he
firfl went abroad, till his Return home, he had digefled in his Mind
one Principle, which often fwayed him ; and that was, to get abroad
and fpend at home ; and he thought that, if he muil put himfelf
into a Parade, k fhould not be among lurks, and Strangers, among
whom all he could do would not gain him any real Advantage; for,
if he were a little more look*d upon there, to what good End was it?
He muil at length come away and leave all that Froth behind; but
Expence at home had a lafling Influence, and was feafoned with the
Joy of participating with his Relations and Acquaintance ; all the
while cultivating a mutual Eileem, and lafting Friendihip amongfl
them.
In this thrifty Way of Living he pafl his Time at Sfnyma for diverfe Kept noHorfe,
Years, with a meagre Income, and not promifingmuch Encreafe. If andoncchunt-
ever he gratified himfelf, it was with a Diflindion between the two ^'^°"^"^*'*
grand Circumflantials, the one is Eflablifhments, and the other for
once (as they fay) and no more. He flood not out in ordinary Com-
placencies, but joined in fuchDiverfionsas the reft chofe, and ufed to fay,
come una volt a tanto ; or, as we fay, " So much for once and away." But
itwasalongTimebeforehe brought himfelf to keep an Horfe, as the
refldid; for that was an eilablifhed Charge. I have heard him fay, that
once before his Cavalierfhip,the Nation (as they call themfelves) prefl him
very much to go a hunting with them ; and fo he did, but inftead of an
Horfe, he hired an Afs to carry him, and rode upon that. If this was done
to (hew his Firmnefs, and how little he flood upon Forms, or regarded
any Man's Opinion, it was very philofophical. This PafTage ieems
to us much more bizzarr than it was there; for, in thofe Countries, an
Afs-cavalcade is not at all extraordinary, but very common ; and all
the holy men ufe it.
F Having
/-■
'I
^.
34 The LIFE of the Honofdrable
l\'m.^7 Tir^^r"^ •''"S^''^ upon Hunting, I may beflow a Sedion upon the
T>ogsmTurky.}^^^ of It in Tur^y. Fifft, Dogs are counted unclean, and are not
by the Turks ordinarily admitted into Houfes, but run mafterlefs
about the Streets ; but it is accounted a Charity to relieve them ; and
fome Dogs take the Ro^, and follow Travellers for their Wafte in
eating, and do the ordinary Service of watching, and barking at all
Novelty : But, for Sport, the Ti^rks keep a Sort of Greyhound,
which they drefs as fine as Horfcs, and clothe richly 5 but the Hound
IS not at all known or underflood by rhcm. The Merchants at
^/eppo keep and ufe Greyhounds, and courfing, in the greateft Regu-
larity. At Smyrna, the Merchants procured a Pack of Hounds, and
hunted in the Country after the Eriglijb Way ; which was a prodi-
gious Myf.ery to the Turks, who fcarce yet believe the Dogs fol-
k)wed the Hare by the Smell, but think there is Witchcraft in it
Fellows at Plough have laughed, feeing the Dogs run one Way and
the Hare another ; and, finding that fometimes the Dogs came about
after her, have laid down upon the Foil, to prove whether the Dogs
followed the Track or not, until they came up full Cry towards
them ; and then ran away, as in a very great Fright. One Incident
had like to have quite fpoiled their Sport, which was the Mange ; and
that infcfted their Pack to fuch a degree, as mull have deftroyed it,
until a certain Cure was found out, which was fluxing with Mercury \
a Phyfic which they adminiftered of courfe and regularly, fcarce
ever failing of its Effed to fet Matters right again: And the Pack
continues there, and is like to continue.
Condu^-tT ,/J^ "^^^ ^ Gentleman ever briik and witty, a great Obferver of
sm;,rm. all Incidents, and withal very friendly and communicative; which
made him be generally beloved, and his Company defired by the
top Merchants of the Fadory. He was not a good Fellow, as it is
called, and, on the other Side, not morofe; but went along with his
Company, and not feldom beyond the Meafures he defired. He was
ever a Thorn in the Sides of the Foolifh and Malicious, and wanted
not Inventions to divert himfelf and others, by expofing them. This
made all chufe to ftand fair with him ; for he was a Creature that
had fharp Claws and fcaly Sides. A young Man, among his Equals,
had need be at leaft as well armed as the reft; for they are not given
to Moderation in making Sport with each other, but rather on the
other Side, according as a Companion fhews an uni;.aarded Part,
with Tricks and Stratagems always aiming to attack him in that
Quarter. This makes the Breeding of Youth to be always beft
among Equals, and not with either Superiors or Inferiors. The for-
mer makes them abjed, and the other infolent, and both unfit for
common Converfation 5 which, abroad in the World, is ordinarily
S'tr DUDLEY NORTH.
35
among
among Equals. He faid that he never was caught in any of their
Novice-Traps ; of which one, alluding to Horfes in a Stable, is called
tying up the Head ; and this they pradife upon young or fhallow
Traders, who deal by themfelves. If they happen to have a large
Import, and all their Warehoufes are full, the old Fadors, fearing
the young Men (hould be too quick, and get the Cuftom, confpire
to difcourfe of not felling but at a Price, the young Men, with good
Reafon, as they think, refolve the fame ; and then the others under-
fell, and leave them without Opportunity ; for their Heads were tied
up from their Meat.
There was one Broadgate, of whom more is related in the Life of ^^= ^roxdgan
this Gentleman's beft Brother : He was fent out by the Turky Company ["„ °"' ^'^^^'
in London, to ferve as Chaplain to my Lord Embafi^ador and the Facftory
at Conftantinople ', and, according to the philofophic Adage, 0?n?ies
Jlulti injimiunt', All Fools are out of their Wits, might very reafonably
pafs for a Madman. He was a Fanatic, and a whimfical Pedant, and ac-
counted to himfelf, that he was to go over to be Tutor to a Parcel
of rude irreligious Boys, and that he ought to eredl a Difcipline, and
make a Presbyterian Reform amongft them ; in order to which he
had framed a Catechifm, and had it printed, and many of the Co-
pies ftitched in true blue, to be prefented to the Merchants at his
firft Arrival, that they might be prepared for his future Catechifa-
tions. Now, for the better underftanding this Hiftoriette, it is to
be remembered, that thefe Fadories carry themfelves very high ; and,
if their Chaplain be a venerable and prudent good Man, revere hiin
entirely, and, calling him Pappas, which is the Term, in the Levant,
given to their Priefts, not only obferve and honour but, prefent
him very confiderably, fo as he cannot but live well, and grow rich;
and they will take any juft Admonition or Advice from him, if it be
refpedfully delivered; but, if he be impertinent, or what they call
a Galli-pettine, and thinks to treat them as Boys, they defpife and
deride him. '
And that was the Fortune of this doughty Dodtor ; for he had ^^^^'^^ ^^^a-
found out, that our Merchant had a Brother, formerly of ^t. J obn ^^1^^^^^'°"^'
College in Cambridge, whom he pretended to have familiarly known
there, and, upon that fcore, faftened upon him ; and he, hiving a
Defire to know the Bottom of this Man's Talk concerning his Bro-
ther, wrote to him, to have an Account andCharader of him; which
coming, the Fappas was laugh'd at more than ever. He comes to
the Merchant, to know what his Brother had wrote : The Merchant
read the Letter audibly to him; then follo«tved Complaints, that, by
means of this Letter, he had loft his Reputation in the Fadory ;
and he defired to have the Letter delivered up to him, that he might
F 2 fuc
3"y>iai he came upon his Trial in order to a Seafoning which
moft Strangers there early or late prove; and it was what, from fome
peculiar malign Symptoms, they call a SmyrnaVwr; it is accounted
Jittle fliort of the Plague, and difpatcheth away many. When he
found he had the Fever, according to the Humour of mofl lick People
difpirited, he concluded he muft die; and, to thofe that, to comfort
him fuggefted Hopes, he anfwcrd, What ! a Smyrna Fewr and
live I tt u tmpoffible. He lay under a great Burthen upon his Spirits
upon Account of his being fo far from his beft Friends and Rela-
tions, of whom he was always moll extremely fond ; but, after many
I urns of better and worfe in the Diftemper, as it pleafed God he
recovered. '
SsM. ,/^'f u^TJf '' °^ ^^' Refidence in Smyrna pad, when he
ftcr.andrtcp t^ougnt he had done very well for his Mafter, and given him Con
.nto£«^w. tent, a Difference Iprung betwixt them, upon fome Articles in his
Accounts, which, altho' of no great Import or Value, were yet of
the laft Confequence for him to have compofed; for, if his Mafter
from thence Hiould take an Umbrage to withdraw his Bufinefs from
him, who had little elfe in that Place to depend upon, he muft
leave off and come away; and that was to be utterly undone He
was fenfiblethat fuch Matters, and fo diftant, could not well be fet
tied by Letter, for Men in Difcourfe, tcte a tete will often agree who
will nevsr come together by Letter ; fuch Advantage hath Difcourf-
mg over Writing. He confidered all this, and refolved to make a
btep into England, and (as he ufed to fay) make an Hog, or a Doe
of It. But he had other Reafons for this Refolution, which were
hrlt, to make himfelf known upon the Exchange, and, by con-
tracing Friendfhips and Acquaintance, reconcile to him other Prin-
cipals, who might fend him out again, in Cafe his Mafter perfe-
vered in a defperate Quarrel againft him; and as to that, he miirht
purge himfelf upon the Exchange, and, by referring his Difference
make his Cafe known ; and that his Mafter, and not he, was in the
wrong and fo at leaft make good his Credit and Reputation among the
T/^r^y Merchants : And fecondly, to fee his Relations, for whom he had
an infinite Refpedl, and Service, and fticwed it in his Behaviour to-
wards them during his whole Life. Tiiis was not the leaft of his
Reafons,
Sir DUDLEY NORTH.
39
Reafons, for making a Turn home, tho* but for a fhort Enjoyment.
I may add a third Reafon, which was, that, if his Mafter dropt
him, and he could not repair himfelf by new Friends upon the Ex-
change, he was here at Hand to bufk for fome other Employment,
as his Friends or Fortune might lift him into.
I have heard him relate that, in this Voyage homeward, the Com- PoorLivin'^
pany on Board, bound for the fame Port in Italy, were a poor fort of i«thei.«^?
Traders, Jews^ Armenians and Greeks, who made Profit even of their ^'^'^ ^'"'^ ^^^
Teeth. With thefe Fellows he was ftiut up in a Lazaretto, to lie a ^''*
confiderable Time before they were admitted to traffic. They
feemed to decline his Company, muttering about his having more
Money than they, who could not keep Pace with his Expences; he
was loth to break Company on that Account, and told them he would
live juft as they did ; fo they kept together. Here were two Conve-
niences, one was having a little Converfation, and the other faving
his Money, which could not be fpent in a worfe Place; and in this
Courfe he perfevered ; but the Diet was fuch, as he protefted he
thought, that, before he got out, he ftiould have been ftarved. He was
obliged to be Cook, Caterer, and Hunt, in his Turn, as they were, and
without any manner of Help, or any Thing like a Servant; he went
with them fo near as to wafli and dry his own Linen. It was his
Humour to make no Account of Pains, or Thought of HardOiips,
when his Engagements required. I have heard him fay, that Work
of itfelf was hard, and taking Care and Pains faftidious; but if it
was agreeable to do any Thing called Work, it was not really fo, but
Pleafure; therefore it is incident to the true Notion of Work, not to
delight in it.
At his firft Arrival in England he was very melancholy, and in- Vervdoubrful
clined towards defpairing of good Succefs in the Employ of a Mer-*'^^''^^"^'-
chant : He had fuffcred much and laboured hard for diverfe Years, and w^"' ^"^
advanced but very little; and a Continuance of that Courfe of Life,
without being better paid, he accounted a Slavery, and that he ought
to make a better Penny of his Time and labour, or elfe make the
beft of a little, and enjoy himfelf at another Rate than he had hi-
therto done. He declared, that, if he could have valued himfelf upon
two hundred Pounds a Year for his Life, he would have afked no
more of Fortune ; for then he would have abandoned Bufinefs, and
lived in Summer ^\.Venice, and in Winter at Florence) and fo reckoned
he ftiould have been as happy as his Nature would admit. It is a fail-
ing young Men, for want of Experience, fall into; they create Uto^
pias in their own Imagination, and calculate according to their pre-
fent Fancy, and think not what may, and probably would, be their
Opinion feven Years after. They fuppofe the greateft Abfurdity, war.
that
40
Agreed with
hisMader,
tho' to his
Lofs.
An Excurfion
at Venice.
Returned to
Sm)rna; a Pro-
ber accepted.
f!f
#
*
77je L I F E of the Hmourable -
that they {hall be always of the fnme Mind, which one would think
a few Years would difprove; it is a Weaknefs like that of Children,
who fill their Eye rather than their Belly. There is a Satiety even
of the beft Things, much more of the meaner Sort. And as many
have done to their Coil:, he would have found his new Courfe a
greater Slavery than Bufinefs; and his Repentance had been fingle, 'tis
true, but continual, and lafted to the End of his Life. It was one of
the chief of his good Fortunes, that he could not be gratified upon this
Scheme; his Family could not afford him any Thing, and Places
were not to be had without Money; fo his Choice was not perplexed
he mufl flick to his Bufinefs, there wds no other Means for him to
hve tolerably, much lefs to be rich and confiderable ; he thereupon
refolved to fiounce through, and did it with great Succefs, as the Se-
rjes of this Relation will demonflrate.
In the firfl Place, he refolved to agree with his Mafler, cofl what
it would; and accordingly condefcended to his Demand, and paid
him a hundred Pounds, as he affirmed, in his own Wrong. And
then he courted him, and other Merchants, for CommifTions to return
with, of which he had a Competency ; with that and his own little,
and the AccefTion of what he could borrow, he went out again to
Smyrna with an handfome Inveflment, which put him in a better
Humour than he returned with.
I (hould have mentioned before, that, in his Return from Smynia.h^
Itopt at Venice, and flaid there about a Month, in which Time he
lated himfelf with the Delights of that City; he kept his Gondolo,
which IS like a Coach in London, and, with that, courfed about the
City, as the Way of Travellers and Strangers there is. And I make
no Doubt he informed himfelf throughly of the Courtezans, and their
Way of Living; which, in that City, is an Entertainment fo far from
being fcandalous, that the mofl reverend of the Senators ufe it. This
was one of his once-and-away Entertainments, with which he faid
a Man might fometimes gratify himfelf; a Perfon that is very brifk and
airy, can fcarce fettle clofe to Bufinefs, until he hath an Excurfion or
two; and that he faid ^2.%,purcavar ilCapncio,xh^i is to gratify theFancy.
^ After his Return and Refettlement a while at Smyrna, an Opportu-
nity profered itfelf, which tranfcended all hisPIopes; he feifed, held
fad, and improved it to the utmoft Advantage, and thereby, in not
many Years, obtained all that his Mind laboured to procure; which
was to advance his Fortunes, fo as he might return home warm, and
there fettle himfelf with a Family, and end his Days among his Friends
and Relations. He ufed to fay, that everv Man, at one Time or other
in his Life, hath the Favour of a fair Profer made him by Fortune,
and no Perfon qualified to underfland, and refolved enough to feife
fuch
^;r D U D L E Y N O R T H. 41
fuch Opportunities, can wholly mifcarry in the World. The Fault
is either Want of Patience to expedV, Want of Senfe to know, Pride
and Impertinence to refufe,Lazinefs, or Timidity to decline them. This
Incident, I am about to fpeak of, was the great Crifis of our Merchant
Adventurer's Fortunes ; therefore I fliall diftinguifh it by taking a new
Rife thereupon, in giving a farther Account of his Life.
Mr. North's Removal from Smyrna to Conftaiitinople.
np Here was a celebrated Houfe of Fadlorage in Co??/ia?2tinople, of R-emovnUo
-■- which Mr. JVilliam Hedges was the Chief The Bufinefs oi'^^Z^^oi
this Houfe had been very great, but, for Want of fRJlful Accoun- '"■^'^"'""'^ ''
tants, and fitting Condud;, it was lapfed into utmoft Diforder and
Confufion, and needed better Workmen, than the prefent Managers,
to recover it. Mi'. Hedges, finding himfelf not capable for fuch a
laborious Work, was fo wife to pitch upon our Merchant at Smyrna,
and accordingly invited him up to Conjiantinople, and to take a Part
in their Ragion, or Houfe. There were but two upon the Place, Mr.
Hedges, 2ind one Mr. Palmer, as I remember his Name was. Thcfe two
had great Intereft, and large Commiflions from England, but our Mer-
chant very little, compared with theirs; fo, in tbatRefpedl, he gained
enough by the Change. But, that which fwayed him moil, was the
Advantage to be made by Trade in that great City, and with the
Court, and with the Dealers that came together, and refided for the
Sake of Trade there, from mofl Parts of the World ; there not be-
ing a greater Emporium upon the Face of the Earth than Conjianti-
nople, the Seat of a vafl Empire, and where a Merchant of Spirit
and Judgment cannot fail of being rich.
When he came up, he found the Fadtory in great Diforder. The The v^^r^ry
Eflates of the Principals, as well as of the Houfe, trufled out in a Z^i^f^^'J^
loofe Way, and the Accounts unfkilfully kept; whereby, as the Na- ofdeHnd
ture of fuch Bufinefs is, they had been carried on into Multiplicity ^^""^ t° ^^^
of Errors upon Errors; fo that no one Man's Accounts in the Books '^"^^*
Rood true ; nor was there any diredl Means to charge the Debtors, or
good Grounds to go to Law upon; and this, not in a few but, in nu-
merous Inflances of very great Import, and which concerned the Mer-
chants at London as well as themfelves. The Gentlemen of the Houfe
were in a Miz-maze, and knew not how to take one Step towards ex-
tricating themfelves, and their Bufinefs, and, in a Word, they were
at their WitsEnd; for, without a fpeedy Redtification of this Diforder,
the -Reputation of the Houfe, as well as their own, and the princi-
pals Eftates had gone to wreck. Good Fortune was ambidexter here j
G for,
41
Took upon
him theCon-
duft of the
Factory.
Began the
/( Counts ;^j, Q?r. who hadDcpendance
on the Houfe, and admired that Mr. Hedges fhould quit the Helm
all at once to thfs new Partner. Of thcfe fome, for Frienddiip to
hjm, but more out of Petulance, infinuated their Sentiments, fo as
might have created Uneafinefs, or Difference betwixt them ; as for
Inftancc, Whether it was for his Honour to fubmit all his Concerns
m that Manner? And once, one urging him upon the Point a little
clofer, he only nodded towards Mr. North, and faid Ecc' il Padror?,
or There's your Mafler, After that, finding who was Mafter indeed',
they behaved themfelves with entire Refpedl towards him.
As to the Bufinefs itfelf, firfl the Accounts were to be regulated,
which was an immenfe Work, and not to be done, but by beginning
a new Set of Books, and making new Entries of all the open Ac-
counts, fo as they might be underftood and ftand true, the old ones
ferving only as wafte, whereout to pick the Items of the Tranfac-
tions, as they had been done. Merchants are infinitely curious in the
Fairnefs, Regularity, and Juftice of their Books, which they efleem
as authentic Regifters concerning, not only themfelves but, all other
Perfons that they have had Dealings with, or may derive Interefts
thereupon; and to fuch Books Appeals are commonly made; for
they are, or ought to be, the Truth, whole Truth, and nothing but
the Truth of all that is done, and difpofed in a Method, viz. by
Wafte, Journal, and Ledger, the m oft exquifite for Repertory and
Ufe, that the Wit of Man, with utmoft Application, hath been able
to frame. Thefe, and other Virtues of regular Book-keeping are
well known to thofe who underftand the Pradice of it; fo no more
need be faid here of it. It is enough to affirm, that our Merchant
was completely qualified for this Branch ; fince there was not a more
dextrous and exadl Accountant, as to the Ufe of Merchandife and
Traffick, than he was; and his Maftery, in this refpedt, was demon-
ftrated
Sir DUDLEY NORTH.
43
flrated in England, when he was pofted at the Head of greater Af-
fairs than common Merchandife; as after will be made appear
The next Herculean Labour was to ftate, and recover the Debts of The in.n..nfe
the Kagton, which muft be done, and the Dependances determined P-^^^s of j.cr.
by fair Means, or foul ; and then they muft reft contented and fit n k '" °^
down by Lofles that are unavoidable. The Merchants have a Pro
verb, *^ Better a Lofs at Sea, than a bad Debt ^.t Land." The former
has no worfe Confequence than itfelf, but the other draws Lofs of
Time and Pains, which might be employed to^nore Profit. His Rule
therefore was, if he could not get in all that was due from the Debt-
or, he got by Compofition, Barter, or other Means, as much as he
could, and fo clofed the Account. Thefe Debts lav much amons
thcjeivs, and trading Turh, the Scum of human kind; and often
without any good Evidence to charge them; whereby, if they had
known their Advantages, near all had been loft. But Confcioufnefs
hath this good Effed:; a Man is apt to flifped:, that what he knowc
to be true, is alfo as well known by his Adverfary, and that what is
really done, may be proved. Therefore, when our Merchant charged
thele Debtors home, and with a Vifage of the greateft Affurance
they very often owned the Debt, paid Part, and took Time for the
reft ; when, in Truth, the Merchant could not, at Law, have charged a
Scruple upon them ; and when fair Means, fuch as in this and other
Manners he ufed, would not do, he applied to the Tur/aJ/j Juftice
before whom, diverfe owned the Debt, which, elfewhere, they had
denied; and fo, one Way or other, he made Conclufions of his De-
pendances. This Trade lafted many Years, and obliged him to fpend
moft of his Time in hurrying about the City of Coiiftantinople, for
finding out, and fpeaking with People; which, in an hot Countrv,
clofeand populous City, almoft wore him down, and often at NighV
when he came home, till fome kind Refreftiment brought him to
Confiftence, he was fcarce alive.
As to the Law Part of his Bufinefs, it was fo much, as in the H.d managed
End, gave him a competent Skill in the Rules and Methods of the above fne"
T2^r>^/> Juftice; whereby, in common Licidents, he could advife him- f''"^"'^ ^''''-
felf, and afilft his Friends. This Skill (if I may make the Compari-
fon) was fuch as we may obferve underftanding Citifens of London
to have in the Common Law of England, by which they are enabled
to deal upon lecure Terms; but how far that difi^ers from the Skill
of a profeftbd Lawyer, I need not declare, I have heard our Merchant
fay, that he had tried, in therurkijh Courts, above five hundred Cau-
^s ; and, for the moft Part, ufed no Dragomen, or Interpreters, as
foreigners commonly do, but, in the Language of the Country, fpoke
ior himfelf. He obferved, that many fair Caufes were loft by the In-
G 2 difcretion
1
mi
44 77? e LIFE of the Honourable
difcretion of the Dragomen, who neither took nor dehVered the
Matters juftly, as he himfelf, ufing his own Notions, and ExprefH-
ons, could do.
Arquired the For thefe, and other Purpofes of his Negotiation, he had laboured
Tnd^w ^^n"*"^ to gain, and had thereby acquired, a ready Ufe of the Turki/h Lan-
i»t«ng- guage, and could fpeak it fluently. I have heard him fliy that, for
Scolding and Railing, it was more apt than any other Language; and
he had ufed it fo much that Way, that afterwards, when he was in
England, and much pi^voked, his Tongue would run into TurkiJJj of
itfelf ; as if to fuch Purpofes it were his Mother Speech. He told us, he
once compofed a Turkip Didionary, and fliewed the ordinary Idio-
tifms, and Analogies of that Language. As for Inftance, varying
the Cafe, Mood or Tenfe, not as we by Terminations but, by Syl-
lables in the Middle of a Word; as Mahmet, Mahummet. This
feems as old Abram, and Abraham ; and the Words he colledcd were
difpofed Alphabetically; and he wifli'd he had taken more Care to
preferve it ; for it was pyrated out of his Houfe, and he could never
find who had it; perhaps it may be now in England, in the Hands
of Dr. Co'-cclL He not only fpoke, but wrote Turkijh very well, and
did it after the Levant Manner, refting the Paper on his left Fland,
and beginning from the Right. There is great Reafon for their writ-
ing that Way, as for ours contrarily. If we (hould hold the Paper
upon the Left, and lean towards the Right, the Adlon would carry
forwards the Paper, and there would be nothing to ftop it ; but they,
from the Right, bear the Paper againft theBall,"orrifingof the Hand],
which flops it firm againft the going of the Pen. Upon Delks either
Way is practicable ; but with this Difference, that, from the Right,
tlie Pen is apt to (hade the Writing, but, from the Left, all is open
to view; and xX\^Turks, to help this Inconvenience a little, feldom
write fquare, hut beginning high, draw down their Lines a little crofs
the Paper, and in fo doing, affedt a ftrange, but not uncomely, Irre-
gularity. The Nation maintained a Turkijh Effendi, or Prieft, at a
Salary, who was to attend every Day for the Purpofe of Turkijh
W^riting, efpecially Letters, which muft be done with a formal Ad-
drefs, according to the Qiiality, and Condition of the Perfons wrote
to. This was a grave old Man, who was a Dodtor in Addrefles
and forms of concluding; but as to Bufinefs, our Merchant com-
m.only took tlie Wording of it to himfelf, not trufting, and often
overruling, the Effcndi ; with whofe ExprefTions, in mercantile Af-
fairs, he was feldom fatisficd.
Rid Friend- As to Matters of the Law, he had certain Schemes by which
c^iT: tVvfm^ ^^^ governed himfelf, and feldom failed of a profperous Succefs. One
ac^%//. was to make and cultivate aninterefl orFriendfhip with fome grave
and
Sir DUDLEY NORTH.
4y
and reafonable Cadi, or Perfon learned in the Laws, and keep him in
good Humour, by frequent, though fmall, Prefents; much fhort of
what the Feeing of a fingle Counfel in England would amount to.
And, in all his doubtful Matters, he reforted to his learned Friend
for Advice, which he faithfully gave him; and as he encouraged, or
not, fo the Merchant ruled himfelf, and found great Benefit and Se-
curity thereby. He was very fortunate in this Pradlice; for a certain
grave Cadi, who was a knowing, faithful, and humane Perfon, fell
to his Share. Once a green-head Turk, (one of Mahomet*s Kindred
fo diftinguifhed) made him a Propofition, with Terms of vaft Pro-
fit; but, fufpeding his Reverence might have fome Trick inReferve,
he repaired to his learned Counfel, who, being made fenfible of the
Matter, clapped his Hand on his own great Turbant, Merchant, Mer-
chant, faid he, deal ?2ot with thefe Green-heads of ours, Jor there is
none of them fo empty, but will afford Wit enough to cheat you.
There needed no more; the Merchant made his Obeifance, and re-
tired clearly fatisfied with his Deliverance, and, for the Future, re-
folved to deal with the Devil as foon as with a Green-head.
Another of his Schemes (not a little the Pradice of moft Franks The Trade
redding in Turky) was, before a Trial, to fhew the Judge a Refped: p^^^^^ J^^^^ges
by making him a fmall Prefent, and then to make his Caufe known ^^^^*^ ^'
to him, before he brought it on. The Judge ordinarily takes this in
better Part, than a great Prefent, and nothing of the Caufe faid along
with it; for that implied that the Caufe was bad, and that he was to
be corrupted. If the Suitors, or the Caufe, be confiderable, and no
Prefent at all is given, the Judge looks upon himfelf to be flighted,
or rather defrauded; for he accounts fomething is due to him for
doing Jurtice, not much unlike what is here termed Fees, only
without State or Rule as the European Way is; and fuch Omiilion is
not wholefome, even for a good Caufe. Their Law hath fo many
Turns and Subtilties, that a Judge, if he will ufe an artful Condud,
may find plaufible Colours to fuftain or baffle almofl any Caufe ; as
may be done even amongft us; for, if a Judge will take a Liberty
to prefume on the one Side, and hold the other to a flridl Proof,
the Caufe goes which Way he pleafeth. The Judges in Turky will
not ordinarily do flat Injuftice for any Prefent ; and if neither Side
flights them, how unequal foever the Prefents are, they will deter-
mine according to Right. But this argues not that all are fuch,
but many are corrupt Judges, that diredl their Decrees to the fairefl
Chapman i and it were well if there were none fuch any where
elfe. Here we mean of the Community neither rigidly precife, as
fome are, nor defperately wicked in their Way, as others may be ;
and as he alledged, in Oppolition to thofe who think that all Things
ar&
4<5
The LIFE of the Honour able
•y/r DUDLEY NORTH.
I
are arbitrary and corrupt there, as if fo mighty an Empire could fland
upon thofc Terms. Allowance ought to be made for the various
Sentiments, remote Nations have of the fame Methods. Here with
us, a Prefent to a Judge of a Caufe depending, tho* filently, made
by one of the Parties, is unlawful, and accounted no better than a
Bribe J there, it is, not only lawful but, expedted as a kind of Duty
to the Judge. Here, for a Party to offer at inftruding the Judge in
private, is intolerable, and the Judge, that endures it, profefTedly
partial. There, it is the bell Way for a Suitor to go to the Judge,
and make known his Cafe, by which the Judge efteems himfelf
much better able to judge rightly, when it comes judicially before
him. There is no Sight in the Comparifon, whether their Methods
or ours are bed ; the Sequel may perhaps (liew fomewhat tending to
aDecifion; and, in the mean Time, let it be remembered that there
are no Proceflcs, Arrefts, Bailiffs, Bails, Spungings, Dilatories, Er-
rors or Appeals, as I (hall more particularly obferve afterwards!
'^I'AiV^*' "'^ ^"^^^^r Scheme of our Merchant's Law-condudl was touching
tUfcWirncfll-s. proofs. The Turki/h Law rigidly holds every Perfon to prove all the
Fads of his Cafe by two Turktjh VVitncfles, which makes the Deal-
ing, witha Viewof aDifpute, extremely DitHcult] for which Reafon
the Merchants ufually take Writing : But that hath its Infirmity alfo;
for the Wilnellcs arc required to prove, not only the Writing, which
with us is enough, but they muft prove every Fad contained' in it to
be true, or clfe the Evidence is infufHcient. It fell out fometimes
thit, when he had a righteous Caufe, the Adverfary wasknavifh, and
would not own the Fadt ; and he had not regular and true Witneffes
to prove it ; he made no Scruple, in fuch Cafe, to ufe falfe ones; and
certain Turks, that had belonged to the Fadory, and knew the In-
tegrity of their Dealing, would little fcruple to atteft Fads, to which
they were not privy, and were paid for it. I have heard the Mer-
chant fay he had known that, at Trials, Turks, landing by uncon-
ccrned, have ftept forwards to help at a dead Lift (as they tell of a
famous wiincfling Attorney, who ufed to fay at his Trial, Doth it
Jlickf Give me the Bcok) and thefe expedl to be paid; and the Mer-
chants fail not to fend them the Premie, elfe they may caufe 'Treat
Inconveniences. Nay, a Merchant there will diredly hire a Turk
to fwear thcFadt, of which he knows nothing; which the 7//r>^ doth
out of Faith he hath in the Merchant's Veracity; and the Merchant
is very fafc in it, for, without two Turks to teftify, he cannot be ac-
cufcd of the Subornation. This is not, as here, accounted a vil-
Janous Subornation, but an Eafe under an Oppreflion, and a law-
ful Means of coming into a juft Right. The Chriftian Oath is not
in the Cafe, fo there is no Profanations and (upon the whole) the
Morality
47
Morality of the A6tion feems to depend on the pure Juflice and Right,
and not upon the Regularity (in a Qiriftian Senfe) of the Means.
The Turks in their Country are obliged, as we are here, by the Rules
of common Juilice. But it is to be fuppofed that, being here, they
would not regard our Forms, but would gr^t their Right, if tliey
might, by infringing them all. So we, in that Country, are obliged,
in common HonefVy, to obferve even their Law of Right ani Equity!
but have no Reafon to regard their Forms ; and the compafling a
Right by any means, contrary to them all, is not unreafonable. But,
to apprehend thefe Divcrfities, one mufl have a ftrong Power of
Thought to abftrad the Prejudices of our domeftic Education, and
plant ourfelves in a way of negotiating in heathen remote Coun-
tries.
Our Merchant found by Experience that, in a direct: Fadt, a falfe A faife wit-
Witnefs was a furer Card than a true one; for, if the Judge has a "^^^^ better
mind to baffle a Teftimony, an harmlefs honeft Witnefs, that doth on^" "" ''"*'
not know his Play, cannot fo well ftand his many captious Queftions,
as a falfe Witnefs, ufed to the Trade, will do; for he hath been ex-
ercifed, and is prepared for fuch handling, and can clear himfelf,
when the other will be confounded; therefore, if there be true Wit-
nefs, Circumftances may be fuch as {hall make the falfe ones more
eligible.
Our Merchant told us, that the French had a mind to rebuild their Tht French
old Church, which had lain long in Ruins, and to make it larger than ^^"'<^^ ^"'^f
-formerly it had been: But that could not be done; for tlie Turkijh T^^^^l^^
'Law prohibits it ; and they were forced to go before the Judge, and Witnefs
obtain an Odgett, or judicial Declaration, what were the Dimen-
fions of the old Church, before they could attempt to build the new
one. They hoped to prevail with the Judge to allow their intended
Enlargement ; but he required Witnefs that it was fo before ; and
they tried and tried, but could not make the Proof to his Satif-
fadion. At length a grave Turk, with a long Beard, came in of his
own accord, and, fainting the Judge, asked what the Bufinefs was,
which being told him, he flroked his Beard, and, by Tide and by
Token, made a better Witnefs than they ever expeded to find or pro-
cure ; which was a greater Surprife, becaufe, by his grave Entry,
they, knowing his Charader, feared he came to teftify againfl them!
Upon this, the Odgett pafTed, and the Building went on ; and the
willing Judge was very well fatisfied. But the French had Advice
given them to fend this old Man his Fee, or elfe he would have found
out a Way to have fpoiled all again,
Notwithfknding all our induftrious Merchant's Endeavours, ma- Debts required
ny of his Suits failed ^ but he had, not only thofe but, diverfe other *^;j "^^ "'*'
CroiTes,,
I
f
I
*
I.
4' The LIFE of the Honour ahle
Croffcs, fuch as will happen in a Multiplicity of Dealing, out of
which he had learnt a moft ufeful Principle of Life; which was, to
lay nothing to Hearty which he could not help -y and, how great Vo-
ever Difappointments had fell out (if poflible) to think of them no
more, but to work on upon other Affairs, and, if not all, fome
would be better naturcd. I have known, when the rebellious Spirit
hatli rifcn, he hath conjured it down, by faying in great Zeal, The
Pope hath not bis Will, the King of France hath not his Will, the
King of England hath not his IVill, the Devil hath not his Will, and
by G / Will not have my Will, I have heard him fay, that
when, for want of Proof, he loft a juft Caufe, he hath faid to the
Adverfary, Well, you have thought fit to deny my Debt before the
Jm^e, knowing I had trujled you without Witnefs, and fo think to
cheat me ; but, depend upont^ I will exa6l the utmofl Farthing from
you in the next World, where all Truths will be known. And fome
Men, upon fuch Menace, have come and paid the Debt, to be ac-
quitted in the next World ; for the Turkifi Religion teacheth that, in
the next World, all juft Debts and Demands will be rigoroufly re-
quired to be paid, and performed, with ftrange Severities to fall up-
on them that, in the former World, refufed to be juft.
Oflccheipcd a Our Merchant had once a great Honour done him by the Cadi of
•-^^«u^h Conftantinople, There was a very intricate Caufe, at Trial before
him, between two Armenian, or Greek, Merchants ; both Sides had
good Colours, and a great Noife and Clamour was made, and the
Judge could not, to his Satisfadlion, unravel the Matter. Our Mer-
chant had been once a fort of Arbitrator betwixt them, and attended
to hear how the Caufe went. Both Parties talked much of Signor
North, that he knew this and that to be true, and that he, having
examined all Circumftances, knew that the one and the other (for
both claimed him) had Right. The Cadi asked where this Signor
North, they fo much talked of, was ; and one, fpying him in the
Court, faid, Tijere be is. The Cadi called him out, and required
him to i\^2k all his Knowledge of that Bufinefs. He thereupon, in
thc7'//r^//^>Language,madealarge and limpid Dedudion of the whole
Caufe, and concluded, that, in Stridnefs, the Law might be for
one Party, but he thought the Equity lay on the other Side. Nei-
ther Side controverted any thing that he had related, but admitted
the Fad and Circumftances to be fo. Whereupon the Judge, with-
out more ado, decreed for the Equity ; and fo the Caufe ended.
,^,,.,„ . Once he was put in a terrible Fright before i\\2ii Cadi : A perverfe
kcfore.oi;. impudent Knave of a Turk made a falfe Demand againft him, but
l^oothuii. prevailed not; and then, like an able Counfel for himfelf, fell to
railing and perfoual Refledions : He told the Cadi, that Man was an
infolent
Sir DUDLEY NORTH.
4?
Oil c arcufed
jnfolent Unbeliever, and had been for diverfe Years an Oppreffor
and had inade miferable many of the Grand Signer's Subjects, with
a World of opprobrious Terms, as might have given the CaJi handle
enough, had he been fo inclined, to have do'ne him fome Mifchief
The Merchant flood ftill, and replied not one Word ; and ftill the
Turi wenton: At laft the Cadi looked four, and, raifing himfelf up.
fell foul upon the Turk for blafpheming the Grand Signer's righteous
Government, by pretending, that fuch a Monfter of Iniquity fliould
hve, and breath in his Dominions; and, chick, faid he, that is
run away^ or he would make him an Example. This was a com-
fortable Deliverance to the Merchant, who knew how apt the Turks
are to take fmall Occafion to fqueeze out great Sums of Money from
Strangers, that come in their Way.
„,,^ri"l'^'''* 'v'.'""^'! °^u°""; Merchant's Dealings in the Law, it The Nature
may not be amifs to add what 1 have heard him fay concernino the ""^ ^'"-" "f
Law itfe f Firft, It IS remarkable, that the Religion of the People, '^J""'^
and the Law and Juftice of the Country, are one and the fame, and
lean wholly upon their Jkoran : For, in all emergent Caufes of Civil
Right what the Dodors of the Law have declared, or the imme-
diate Judge fhall fay IS the Senfe of the Moran touching that Mat-
ter, IS the Law final and incontrovertible : And the Mufti, who is
Head of the Religion, is alfo Head of the Law ; for which Caufe
the People often apply to him, to know the Law in certain Points
tJiey propofe to him, which he declares in a fliort Writing given out
which they call a Feifr. As for inftance. If one Man may be pu-
ntjhej for another s Fault ? And his Fetfa will be. That he Jhall
not. And in like manner, upon fuch general Queftions as Suitors at
Law th.nk may be of ufe to them in their Caufes ; and, accordingly,
they exhibit them before the Judge, who hath a due Regard tothim
The Virtue of this Inftitution is, that the Law of the Country
whatever it is taken to be, is unalterable by any human Power There
are no new Ed.ds. or Statutes for changing the Law in any'refpedt.
either to be made or repealed ; but every Perfon, even the Govern-
ment itfelf. and all Its Minifters, muft ftand to the Law, whatever
the Quality ,s the Grand Signer's Perfon (perhaps) only excepted:
For, in the whole Empire, of right there is neither Prerogative nor
Privilege ; the lead Perfon may take the greateft Bajha below the
Girdle (for above is an Affault) and fay. Come to the noble Law ,
and if he refufeth, he is ,n great Danger of being ill ufed by the
People, who have an extreme Veneration for the Law. and will com- .„, ,
pel every Man. that is required, to go before a Tudee Ther*,y,
This Law of theirs by fubtile Commentations.^ and wild Infe- r^^a" IT
rences expreffed out of the Alcoran, is a very intricate and volumi- f """""
T.T Law.
" nous
--;. %--.\'
4* 72^ LIFE of the HmimtraUe
Cfofts, fiidi as wiU iuppcn in a IMnkqilicitj of D^afiog. out of
wliidi ht hid kaim a moft wfelb] fVindple of lilc; wliadi was. /•
Uy mubmg t§ Hfsrt^ wticb t€ amid msi bt^i and, how great i^
Cfvr Di^ppoiofmcnls hjd fi^ out (if poffibic) to dunk of tfacm no
more, but vy work on opon odicr Ai&iri, and, if noc aD, Ibmc
^ woold he better natnred. I have known, when the rdicllioos Spirit
^ hath rBen, he hath coo^nred it down, bj lajii^ in great Zeal, H^t
Pr^pe hath mt In IVtll, the Klf^ ff France batb mt tis fFiil^ the
King of England lath mt bis Will^ the Devil hath mt bis fTnl, and
\ bj G / wi// not bave my Will. I have heard him fay, that
when, for want of Proof, he loft a juft Caafc, he hith iiX^. to the
Adverfary, Well, jfiu bave thought fit to deny my Debt before the
Judge, knowing I had trujled you ivitbout Witnefs, and Jo think to
cheat me ; but, depend upont^ I will exaa the utmojl Farthing from
you in the next World, inhere all Truths will be known. And feme
Men, upon fuch Menace, have come and paid the Debt, to be ac-
quitted in the next World ; for the Turkijh Religion teacheth that, in
the next World, all juft Debts and Demands will be rigoroufly re-
quired to be paid, and performed, with ftrange Severities to fall up-
on them that, in the former World, refufed to be juft.
Once helped a Our Merchant had once a great Honour done him by the Cadi of
i^i^cvT^^ Co«/?^«//«5/)/^. There was a very intricate Caufe, at Trial before
Caufc. "^"^» between two Armenian, or Greek, Merchants ; both Sides had
good Colours, and a great Noife and Clamour was made, and the
Judge could not, to his Satisfadion, unravel the Matter. Our Mer-
chant had been once a fort of Arbitrator betwixt them, and attended
to hear how the Caufe went. Both Parties talked much of Signor
North, that he knew this and that to be true, and that he, having
examined all Circumftances, knew that the one and the other (for
both claimed him) had Right. The Cadi asked where this Signor
North, they fo much talked of, was ; and one, fpving him in the
Court, faid, There he is. The Cadi called him out, and required
hun to fpeak all his Knowledge of that Bufinefs. He thereupon, in
the T^ryJ///?^ Language, made a large and limpid Dedudion of the whole
Caufe, and concluded, that, in Stridnefs, the Law might be for
one Party, but he thought the Equity lay on the other Side. Nei-
ther Side controverted any thing that he had related, but admitted
the Fad and Circumftances to be fo. Whereupon the Judge, with-
out more ado, decreed for the Equity ; and fo the Caufe ended.
Onccaccufed . ^"^^ ^^ ^^^^ put in a terrible Fright before that Cadi : A perverfe
before a C4j^ impudcnt Knave of a Turk made a falfe Demand againft him, but
but not hurt, prevailed not ; and then, like an able Counfel for himfelf, fell to
railing and perfonal Reflexions : He told the Cadi, that Man was an
infolent
Sir DUDLEY NORTR
4>
Un Ulk f tf, uid hid been lor divcdb Tens an OppwKv;
made mifeialilc imiij of die Grand %iior*s SnljcAi;. widi
a World of opprobnousTcrmSk as n^bi Iuitc grrcn tbe Oulf handfe
cncx^ had he been k^ incfined, to hxie done lum Ibme IMifchi^
The Merdmit Hood ftill, and rcfdicd not one Woids and IBB Ae
Tark wcnton: At hft the Ckir looked Ibor, and. laifins himfelf n|\
§tSL fool apoo the Ts^ri for bb^dicmii^ the Grind S^or*s i^hlcfna
Govcrnnacnt, by pretending, that fuch a Monifer of Iniquity Oioidd
live, and breath in his Dominions ; and, chick, hid he, that i%
run awav, ot he would make h.m an Example. This was a com«
fortable Deliverance to the Merchant, who knew how apt the Turks
are to take fmall Occalion to fqueeze oat great Sums of Money from
Strangers, that come in their Wav.
Having faid thus much of our' Merchant's Dealings in the Law, it The^Nirw
may not be amifs to add what I have heard him fay concerning the JJJ^ ^^^^
Law itfelf Firft, it is remarkable, that the Religion of the People, uw.
and the Law and Juftice of the Country, are one and the fame, and
lean wholly upon their Alcoran : For, in all emergent Caufes of Civil
Right, what the Dodlors of the Law have declared, or the imme-
diate Judge (hall fay is the Senfe of the Alcoran touching that Mat-
ter, is the Law final and incontrovertible : And the Mufti, who is
Head of the Religion, is alfo Head of the Law ; for which Caufe
the People often apply to him, to know the Law in certain Points
they propofe to him, which he declares in a Ihort Writing given out,
which they call a Fetfa, As for inftance. If one Man may he pu-
nijhed for another s Fault ^ And his Fetfa will be, That he f: all
mt. And in like manner, upon fuch general Queftions as Suitors at
Law think may be of ufe to them in their Caufes ; and, accordingly,
they exhibit them before the Judge, who hath a due Regard to them.
The Virtue of this Inftitution is, that the Law of the Country,
whatever it is taken to be, is unaUerable by any human Power. There
are no new Edids, or Statutes for changing the Law in any refpedt,
either to be made or repealed; but every Perfon, even the Govern-
ment itfelf, and all its Minifters, muft fland to the Law, whatever
the Quality is, the Grand Signor's Perfon (perhaps) only excepted :
For, in the whole Empire, of right there is neither Prerogative nor
Privilege ; the lead Perfon may take the greateft Baf^a below the
Girdle (for above is an Affault) and fay. Come to the noble Law ;
and if he refufeth, he is in great Danger of being ill ufed by the
People, who have an extreme Veneration for the Law, and will com- ^he Turi'.p^
pel every Man, that is required, to go before a Judge. Law in fom*
This Law of theirs, by fubtile Commentations, and wild Infe- ^^^^^^^^^^
rences exprefled out of the Alcoran^ is a very intricate and volumi- l^vv?"*"
H nous
I
\\
\
4
I
! il
50
bif.
!, I
:f
The LIFE of the HomuraUe
nous Learning ; and they have Colleges where Students are taueht
and trained up in it, as we have for Divinity and Law : and
when thofe Students are grown up to be Profeflbrs, they are fent
about to be Cadts in Cities all over the Empire : But, paying for their
Places, by necelTary Confcquence are more or lefs rapaciouf, and ex-
torting of Money As to the Skill itfelf. it (eems to hav; a great
Analogy with our Common Law ; for that, the learned fav, is Cuftom
mimemorml : But how is that to be known ? It is anfwercd. by the
Declarations of the Judges. How then in a Cafe perfedly nm ? It
IS anlwered, by Argument from natural Equity, parity of Re. fon
with reipea to Ca.es nearly parallel, and oiiniL fca tt'erS I the
..T;r°a ' '" • '^'''■"'' ''^^J"dfc'« do but declare what they take
to be CuAom immemorial. The Alcoran hath kv^ or no cxpreS
Cafes, or Rules fuch as, being plain and direft, deferve to be termed
Laws, but a World of Jargon, LdRhapfody of Words, which maj
be wrefted to every one-s Fancy; and that Senfe, which theLeamed
lequently, the Law. To bring this to a Syftem applicable to the
promifcuous Dealings of Men, the Doftors have tormented the poor
Text and their Succeflbrs have tormented their Works, by Inter-
pretat.oi«, and Comments : And, when new Cafes hap;e., which
neither Text nor Comment comes up to, yet the Judg^delerm S
according to the Law of Mahomet ; and that is the Senfe of thTT
coran .s with us it is ancient Cuftom, though nothing oFe her t
to be found refpedively to fquare with it. But the numfrous and Der!
petual Controverfies. and Law-Suits, wherein the Sentence of The
Judgc_s have been comtnonly obferved. and known, have eftaWfl el
.Body of Law, by which Men are inftruded to deal fecurdy one
Another fovereign Virtue of the Turiiffj Law is that everv M.n
s..,.„.nsby ILm/"://^''''!'"-^ Sun^moncr, without the Plague ^fKoS
the ?..,y. Returns, A/,as. Plunes, and I know not what Hooks and Crooks
that often beggar a Suitor, before he can bring his Adverfary to an
£Xre t'L i;f "' 'I "'^\^^'^' ^^^"'""g the Adverf7y to go
before the Judge, he muft, without Shift or Delay, go : and if he
offers to efcape, a thing fcarce known there, he muft run auite awav
for the very People will almoft deftroy him if thly crhlim ull
12 "KrVrarof t^ ? '^^ ^«^' frot^^himt ^Bamff
witn a lartner 1 rain ot ill Confequences I am afhamed to remember
And It IS a prodigious Wonder that, in a civilifed Count^ pre
tendmg to Liberty and Laws, Men Aould fo little confer l^hat^ all
tl.e Court Procefs of Law had its Original in Conqueft, and the con-
fequent
No Procefs in
Tttrkfy but
u
^;r DUDLEY NORTH.
fequent Tyranny of the Conqueror, who made himfelf the Vender
of common Juflice; and the Trade is ftill kept a-foot by corrupt In-
terefts •, and after all that they (hould idolife this Dreg of Slavery,
and blindly fupport a diredt Oppreflion of themfelves, as if it were
really an happy Oeconomy of Juflice and Liberty.
Another Virtue, and a fmgular one, is that no Man anfwers by
Attorney, but in proper Perfon only. The Courfe is, when the Par-
ties come before the Judge, the Plaintiffmakes his Demand, for money
lent, the Price of Goods fold, or the like. The Judge fits all the
while with his Paper upon his Hand, and writes his Minutes. IFhat
fay you to itf fays he, to the other; and then he makes his Defence.
If there be a Writing (hewed, the Defendant fails not to own it ;
there are no Non efi fadiums^ for pure Delay, to be tried. It is there
infamous in the greateft Degree, for a Man to deny his Writing, when
fliewed to him before a Judge, or indeed any matter of Fad that is
true, after it appears to have been fo to his Knowledge. What a
vaft Retrenchment of Delay, and Charge is this ? Men, anfwering in
Perfon, can fcarce be brought to fpeak falfe; they muft be ftrangely
abandoned to all Shame, that, in the Face of a Court, without
Stammering or Blufhing, will do fo. Whereas, when they fit at
home, and leave their Attornies and Counfel to plead for them, there
ftiall be falfe Pleas, for Delay profeffedly, and no Concern at all to
their Countenances.
The Turkijh Law feems to have another Virtue, which lies in the
Method of Proof After the Judge hath heard the Demand, and the
Anfwer ; he confiders on which Side the Proof lies. If the Dealing
be denied, as by the Defendant's faying, he bought no Goods of the
Plaintiff, or the like, the Judge bids the Demander prove it. And if
WitnefTes are not ready, he gives a few Days to bring them, becaufe
he might expedl the other Party would have owned the Dealing ; but
if he faid, Ifs true, I bought the Goods, but I paid him for them -y
then the Judge bids the Defendant prove. But he will never let
Witnefs come to fwear on both Sides to one and the fame Fadl, for
that is to make fure of a Perjury ; fo, in a Turkip Court, Wit-
nefTes never confront, and, upon Oath, contradid: one another.
But being once taken as WitnefTes, the Caufe is at an End, the De-
mand is made and proved. What would you have more? But yet, if
the WitnefTes are not credible, that Exception is allowed, and Wit-
nefTes heard to prove it, and the Judge determines thereupon, whe-
ther he (hall believe the WitnefTes, or not, and accordingly judges
of the Main.
Another admirable Virtue of the Turkijh Law is, that Decrees or
Decifions never fight one with another, and yet the Party hath the
H 2 Benefit
yi
Anfwers in
Perfon, and ro
Dihtoricj, At-
tornie", nor
Couufcl-
II
No contrary
Witncfs to the
fame Fa6t.
i
\
I
No contrarie-
ty of Judg-
ments and De*
cret-S.
y*
All Equities
ace judged in
the Caufe.
The LIFE of the Honourable
Benefit of an Appeal. They call their Decree an Odgett, which is a
fmall Scrip, or Ticket, which the Judge writes upon his Hand, and
gives out to the Party that hath obtained Sentence. After this Od'rett
made and figned, and given out, no Judicature, or Authority in the
Empire, can queftion, or difcharge, the Matter, or the Effed: of it;
not the great Divan, altho' the Odgett were made by the meanell
Judge in the Empire. This feems to refemble the Laws of the Medes
and P^^<7;/j, when a Decree might not be revoked. It is certain that
in Turky, there cannot be more than one Odgett^ or Decree, in one
and the flime Caufe. A TurkiJJj Judge would laugh if he were told
of our Judgments, Writs of Error, and Error upon Error, Appeals,
Reviews, G'r. with full and entire Sentence of the Caufe pronounced
in all, and the latter giving the former ill Language, and looking as if
a Judgment in a Caufe were but a Foundation, whereupon to com-
mence a new Suit, to the incomprehenfible Delay, and Expence,
wherewith the Parties, their Heirs and Afligns, are tormented. But
it will be faid. How then can the Parties have an Appeal ? As to
that, if either Side thinks the Judge unfkilful, or partial, at any Time
before Odgett made, he may appeal to a fuperior Judge ; and then
the Caufe is as if it had not been heard, but the Parties go before
the Judge by Appeal, as if the Caufe originally came before him,
and then he makes the Odgett ; but whoever makes it, the Odgett is
irreverfible.
A farther Virtue of the Turkifi Law is this ; All Equity is compre-
hended in it. Men, there, are bound by their Contracts, as well as
here ; but, if a Contrad: prove very unequal, the Judge takes Notice
of the Reafonablenefs, and gives Relief As, if a M ui takes an Houfe
to build at half the true Value ; when the Work is done, he may fue
in a ^lantum meruit for the whole, and it is enough to fay, I
thought I might have done it for the Price, but was miftaken. This
goes farther than our Courts of Equity ; for they do not relieve againft
iiny hard Bargains, without Fraud or Circumvention proved. It^ath
been faid, they do not fit there to relieve Fools ; but, if we confider
well, it will be found that all Perfons, circumvented by Fraud, are
fo far within that Denomination. But granting full Relief may be
had, what doth it coft to come at it? In this Relped ihGTurki/Jj
Lawisfimple; for it not only difallows all over-reaching Bargains, but
the Judgment of them falls proper in one and the ilime Suit, which
Party foever promotes it. And even here, very good Patriots have de-
clared it fit, that the Court, having Jurifdidion of the Caufe in Point
of Law, fhould alfo judge of the Equity emergent thereupon ; but
the prefent Conftitution doth not allow it. The Civilians reproach
the common Law, faying it wants Equity, and needs a particular
Judicature
^ir DUDLEY NORTH.
53
Tudicature to fupply it. But I think theirs worfe; for they have no
ilitigations, and all is Summumjus. And then they contradia tnem-
felves l^y\r^gJpiccs juris nonfunt jura, and n>ore grofs.y leap over
their Law iudging as they fay, Ex Authoritate, againft Law, which,
^l^l.nXl is NMeOjiciurnJudicis. But the W./. Law
feems in thefe Refpeds, to be nioft confiftcnt, and complete
One Thing more I will venture to alledge inFavour oir\^^J"^hJh ^^
Law which is of admirable Ufe, and that .s their D.fpatch. A D.'P-l'-
Caufe feldom lafts a Week ; and very often is opened and determined
in a Day ; and there is fcarce any Means to prolong it, but demand-
ing Time to produce Teftimony to Fadls, about which the Parties
happen to differ, and their alledging and anfwer.ng for tnemfelves
orally before the Judge keeps down Differences of Fads. For the
Pride or Shame of the Parties, as well as Integrity, vvil make them fave
proving, and, for the moft Part, own what they know to be true ;
and fo bring the Matter in Judgment upon the right Point. I have
heard much of aiding public Credit or Truft among Men ; but be-
lieve it is not to be had without contriving fome Methods of Law
and luftice that may entirely fatisfy them.
It may be objeaed here, that this Proceeding is precipitous, and W-, of
rCorruption apart) for Want of Advice and Deliberation of the Par- ,j,„„i,yHaft.,
ties as well as on the Part of the Judge, Wrong may be done; and anfw«ed.
luftice is a facred Thing, and ought to have the grcateft Regard It
is granted, that Juftice is a rare Thing, if it may be had; but if it
is to be gained by failing thro' a Sea of Delays, Repetitions and
Charges, really it may be as good a Bargain to flay at home a Lofer.
A wrong Determination, expedite, is better than a right one, after •
ten Years Vexation, Charge, and Delay A good Caufe imnie-
diately loft, is, in fome Refpefts, gamed; for the Party hath his
Time, and Tranquillity of Mind referved to himfelf, to ufe as he
pleafelh; which is a rare Thing in the Opinion of thofe who have
felt the Want of both, and of their Money to boot The Reafon,
why luftice is fo facred, is not becaufe the Caufe of Suit, or Thing
claimed, in itfelf, is of any great Regard, (for that Argument will
brin'^ all Things to a levelling, as why ftiould one Man have too much,
and "another want?) but becaufe it preferves Peace and QH>etnefs
among Men, which is the greateft of all tempora good Things.
And confequently wrong Judgments foon, and hnal, have tlie Virtue
of luftice, becaufe Peace and Quietnefs is thereby preferved. But
Delays have an Effed diredly to the contrary ; for thole maintam
Feuds, and hatred, as well as Lofs of Time and Money; ^ that if
it be faid that, in the End, Juftice is fecured thereby (which I do
not grant) I anfwer it is done by unjuft Means, and comes to the
II
!
^i
J4
The Rigour
of the crimi-
nal Juftice
keeps down
Offences.
%
Iff
f
Apolojry forr
thcfe Re-
marks.
f*- -.
The LIFE of the Honourable
fame. But is it not a fad Thing, fay fome. > ^ Man to be hurried
cut ofhn fgkt?\^ni^^r Is it not a fad Thing a Manjhould have
a Fever? As the Body, fo the Eftate, muft be obnixious to InfirmS
there ,s no Perfedtjon in either State , and that is always S wS
IS fhortefl, and hath the leaft Anguifh or Pain.
I fhall alledge but one Inftance farther, where I think the Turklff,
Law ,s remarkably diftinguifhed, and is on the Criminal Side 1^'
Man comes to the Judge, and with Clamour, as the Way is comnla ns
that he,s robbed of his Goods, the Cadi Wm aik him,'Jv"fc
and where ts the Tb,ef? And if he fays he does not know/peTaost
pun,(h h>m as a Fourb, that pretends to be robbed, to che« hi Cre^
duors. What, fays he, doth not the Grand Signor proteS h SuT
jeas? If you are robbed, find the Thief and Right ^aU be d^eff
you yant Help, take an Officer, but do not accuLhe Grand Shrmr's
'JS^'^o'" Government Now, to add here a Wo/d or two oflhef cTi
minal Juft.ce, I fhall obferve, that it is executed with fuch Rigour "l
keeps down Offences fo effedually that, in that great CifyffC.«
fiantmople, there are not fo many Men executed for Th every h (oZ
ThTef ',' '" °r' l'^' ^ "?'y ^^y' '" °"« Seffions at Loin 71
Thief iS caught, they make more Account of him by dSverin^
o hers than by the Example of his Punishment. And^ty hSf
h,m at fuch a rate, that he cannot but difcover all he knows He
fl^all fomet, mes be fecretly chained to an Officer, and foTo about
s to ftJ'tW t°""t' ?°r^ '°' '1 ''^''^ "P- The firft Thig done
Service to the Public by difcoverine? Nothina U,, ,^"Sj."""y'^''nd
a-nt, for if the JuJge be diifSed'^on'S^d," our.'^h:^^^
fuch a public Torture of him, as muft terrify all Rogues from the
hke Praaices ; otherwife he is committed to an Officer to be fimolv
wSa^i-s st" iXftl"^ takes him into the Street Illd'cVrfS
fit to perform hrr. P'"'^'.' '"'^ ^""^^ins whom he thinks
luckhr ^at ; W T ^'.^^"'^"y 5 «"d a Frank, if he comes by un-
ployllfent. '' " "°' ^'^' ^'°"' ''^'"S P'-^f^^red to the^Em-
J h'Tfro^irSr MercS ra tX ''"ff "^ '"r^'^'->'' ^^'^'^
Return home K J r t i ?^ ^^''^^ "^^ Converfation after his
S^gTtf me :^rl?oX' f r^^ttn^rdi?^^^^^^ ^^-
efpecially in the Nature of thei'r Laws" "w4fh"e had e'd a"nd Z''
tifed as a Native amongft them, and alfo. becaufe I think theZe';
confiderabJe
^ir DUDLEY NORTH.
55
confidcrable in the Science of Legiflature, as well as for Conference
with our European Methods. And farther, becaufe there is a com-
mon Opinion, that Tiirky hath no Law nor Property, but the Will of
the Powers, there, is the Law to the People; and how intolerable is it,
fiy they, that one fingle Judge, fitting upon his Legs, determines every
Man's Right? And how obnoxious is that Conftitution to be cor-
rupted ? Whereupon there is Ground to fay the very Juftice of the
Country is Slavery; yet in Anfvver to this, two Things may be al-
ledged. Firft, that it is impofnble politically to contrive, that he,
who hath Power to judge right, ftiould not have alfo Power to judge
wrong, and, by one Means or other, be bribed or corrupted fo to
do. Secondly, it is a Queftion, whether, in Experience, the ordi-
nary Checks by the Europea?i Laws, fet up to controul this arbi-
trary Power of judging, by numerous Forms, Dilatories, Procefles,
Offices, Allegations, and Probations without End, to fay nothing
of Errors, and appeals touched before, are found to have much
mended the Matter? I fliall not ftay to enlarge in Anfwer to this
Queftion, becaufe I would offend none, nor give too much Occafion
to be thought either petulant in depreciating the Laws of our own
Country, or treacherous in feeming to undermine what many (how-
ever miftakenly) think the Security of their Liberty and Properties.
The great Oppreftions in Turky are of the Greek Subjeds, who, F^atcs after
by the Governors, are ufed ill enough ; which may have occafioned an Death well ic-
Opinion, that fuch Proceeding is univerfal. Whereas, when a Man ^^'^j^ons^^^vcry
dies, the Juftice takes an Account, and fees the Aftets colledled and where
divided as fteddily, according to their Rules of Law, as here under
the A6t for DiftrilDution of Inteftate's Eftates, unlefs the Deceafed
hath belonged to the Court, or been an Officer under the Govern-
ment; then indeed as in Holland^ and other Places, the Magiftrate
feifes all with the Books, &c. upon fuppofal of the Party's having
cheated the State ; after which it is very difficult to get Matters
cleared. But in Turky, at the worft, they allow fome Maintenance
to the Family, and are contented to fwallow only the Reft. But, in
the Main, Corruption enough no doubt ; and where is it not fo? If
it is found there, that mean Men truckle under the Tyranny of the
Greater, and bear Oppreffion rather than offend them; here Men
truckle for Fear of the Law itfelf, and let their juft Right and Pro-
perty go, rather than launch into a Deluge of Officers, Counfellors
and Forms. Evils plenty may be prefumed in all Places, and accord-
ing to the Proverb, Might overcomes Right every where. So the
Queftion is not of Sincerity or Corruption, but of more or lefs of ei-
ther, and alfo of the Canfequences thereupon. And fo I conclude
this
5^^ will
do in private, and be as drunk as any Chrijlian-, for, of all Profeiii-
ens, there are enough, and thofe fufficiently wicked in their feveral
^As'to our Merchant's extraordinary Methods of Trade, by which Th™er
he obtained fuperabundant Profit, it is not my Fortune to have ga- ^j.^ the se-
thered many Particulars ; but a little I have for a Tafte ; and that ragiio.
confifted firfl in dealing with the Court, and fecondly with the Ba-
{has and Officers ; the former for Jewels, and the other in Loans ot
Money and exceflive Ufury, ordinarily twenty or thirty />^r c^«/. Ot
each of thefe I can give one Inftance ; and firft for the Method ot
felling Jewels, which I have heard him fay he hath done to the
value of four or five thoufand Dollars in a Parcel, and in the Manner
following. When at the Seraglio Jewels are wanted, as for Prefents,
Weddings, and the like, an Officer is fent out among the known
Traders, giving them to underftand, that fuch Goods are wanted.
He (as others alfo on the like Errand commonly do) earned the Jewels
to an Officer that, like a Botcher in a Paltry Hut, fate crofs-legd
with his Boxes and Utenfils all in his Reach. He received the Jewels,
and, writing upon his Hand, took a fhort Account of them, and ot
the Merchant's Name and Refidence, and then he laid all by toge-
ther; the Merchant went away without Witnefs, Scrip, or Scroll for
his Goods. This done, he never failed to fpeak with all the chief
Jewellers in the City, letting them know the Marks and Price of his
Jewels, defiring them, if enquired of, not to prize them lower. Af-
ter this, if the Jewels were liked, a MefTenger came to know the
Price ; if not approved, he had Warning to come and take them
away.' After he named his Price, they enquired of the Jewellers, and
then commonly it was a Bargain j and the next News was to come.
'■ X ;■ ,
f'lT
62
The LIFE of the Honourable
Li %
W
\\^'
and take his Money. And that he did by Porters, taking it ud an^
all together running away with it as faft as they could; and in thk
^''!i'" J»"/' *•'"? "^^^ "^^^'' ''"<^^^" ^ ^'■^"d put upon any Man
andtheMoney (barring Accidents in Telling) never failed of be W
r.ght. I wrfli I could fay as much for all cLpan Courts, S
furers, and Exchequers. ■' ' "^*'
The manner a n »i. /- i . -r,
ofLoan5to All thole, who come into Ports of Authority, and Profit in Ti^rtv
great Officer. are fure to pay for them, and, on that Account, the W//<, jf"^'
fort of Market This makes the Bartias, who folicite for better Pre
ferment and all the Pretenders to Places, prodigioufly greedy of Mo"
ney; which they cannot have without Borrowing, and. if they can
but get the Money, they care not upon what Terms, for the Place
to be paid for, will foon reimburfe them. The lending thefe Men
Money, is a very eafy Trade as to the Terms, but a very difficnU
Trade as to the Security. For, by the r.rkiJJ: Law, allTnTeref fo
the Forbearance of Money, is unlawful; and the Debtor need not
whatever he agrees, pay a Farthing on that Account. Therefore
they are forced to go to Tricks, and, like our Gamefters. take the
Intereft together with the Principal, and, if it be queftion^ cal it
Prem^o And the Security is very frail, for the 'perfonal s worfe
than nothing; for who would travel as far as rreli^on^ tr, 7
Bafha ? But the Work is done by Pawns (redfy) butrtiartce'
bought right out for a Price, which is made goid pXps wS
rafcally Goods fold ; and all this is authenticated by olettTomt
natural Equity in taking Intereft, and partly for Favour to the pJ„!
Merchants, who are bis beft Clients, Teadily lets fS ^ ,f Paf'
thi'kfH'' fn^'r " '.Z''^'^ of Cunning'and CautionfeToni^^to
this kind of Dealing, and the Wifeft may fuffer greatly by it -^bu^
our Merchant had the good Luck to come of fcot-free, Jnd madeS
Advantages accordingly. ' °^ "'*
wi,"h':t^„"f ■ .1. i^"^ mentioned one Eobahajfan, he. being a Bey of a G^llv
acajiy one which requires a very great Cafli, and withall a luxurious Fellow
B.W<.». was in perpetual Want of Money. And our Merchant and I^'
valued each other for their feveral Ends. The Merchant for gettine
ammenfe Profit by Dealing ; and the otherfor a fure Card, toget Money
at a Pinch, which otherwife he knew not how to compffs. Tn7
out of thefe bizarr Notions, and Ingredients, a wonderful FaiS
Lanty. and feeming Friendlhip grew up, and was conferved ™.
tween thefe An.ma s of a very different Species. The Bey wis a
merry Fellow, and, like other voluptuous l^urks, had his Buffoons to
divert him and he often play'd the Buffoon himfelf ; as for Inftance
talking wuh his Merchant, he hath feveral Times faid. Tou andlTr'e
very
jr;r D U D L E Y NORTH.
H
roen %ood Friends, but our Purfes quarrel-, and then (ading with
his Hands) your Purfe gives my Purfe a Jobb, then my Purje gives
xour Purfe a Knock, and Jo they fights but all the while ^e are very
Uod Friends. Once, when they were merry together in the Gaily,
a Man brought two Slaves to fell j he agreed the Price, and, calhng.
his Steward, ordered him to take them into his Yard, and pay for
them. The Steward grumbled that they had too many, and could
fcarce feed thofe they had, and what fliouid they do with more,
fince the Oars did not want them ? Cane fenza fede. That is, Tou
infidel Do(r, faid the Bey, can wt? have too many^ Muft not there be
Come form, and fome for the Plagued Then he turned, and M^r-
chant faid he, "^hen is the Shepherd rich F Come anfwer me quick,
when is the Shepherd rich^ I think, faid the Merchant, when he hato
mofi Sheep, See there, faid he to his Man, Cane fenza fede, what
the Merchant fays, and about your Bufinefs, , , ,,
It will be readily believed, that the Merchant did not endure the A" Adveotai^
Company of this faftidious Monfler for nothing; he ufed him as^^j^^^^^^,
well for getting ofF his rotten Cloth and trumpery Goods, which h^m.
were not otherwife vendible, as for plain lending ; for he could be
demure and fay, he had no Money, the Ships were gone off, by
which he had made his Returns; but he had fome Goods eft, and
if h^ would pleafe to take them for Part, with fome Money he could
raife, he might ferve him with the Sum he defired, and fo forth.
Once he was walking in the Street at Conftantinople, and faw a Fel-
low bearing a Piece of very rotten worthlefs Cloth, that he had put
ofFto the Bey, and knew it again; and he could not hold, but aiked
the Fellow where he had that Cloth. With that the Man throws
down the Cloth, and, fitting him down at a Door, fell to Swearing
and Curfing that Dog Bobahaffan, that made him take it for a Debt ;
but he more furioufly curft that Dog that fold it to him, wiQiing
him, his Father, Mother, and all his Kindred burnt alive, and the
like ; the Merchant thought it beft to fneak away, for if he had been
found out to have been once the Cloth's Owner, he had certainly
been beaten. So great Men cheat one another, but it is the Poor
that bears all at the laft. '
Before I proceed to relate any other confiderable Actions, ana Almoft lamed
undertakings of our Merchant, I (hall take Notice of fome perfonal ^^^^^^^f^^
Incidents lid Charaders ; and then, as Things profer to my Me-
mory iiep forwards. He made once a formal Vifit to a great Man,
and >vas entertained upon the Sopha, It is the Mode there, that, when
thr Mdicr is vifited, a Number of Slaves ftand below the Sopha, at
the End of the Room, like fo many Images, as mute as Fifhes. The
Merchant, thinking to be complaifant, and to conform with the Mode
s I
^4 The LIFE of the Homtirahk
of the Turks, fat upon his Legs, as the Turk he vifited did. It wa.
uneafy or rather very painful, to him at firft, but. after a while he
felt no Uneafinefs at all; and no Wonder, for the Leg, his We%ht
lay upon, was numbed, fo as to have no Feeling at all. When he
offered to rife, and got up a little, he fell down, Is if one of his Legs
came r f^rlrrd "^^t ^^«- .-^ ^- Sign, and the Attendant
? u lyJ^ r' ''"-''' ''y'"S •'"" ''own upon the Sobha, rubbed
and chaffed his Leg for near an Hour, until he faid he fel it pain
h,m; and then they conduded him to his Way homewards, wC
he djd not attain but flowly, and with great Pain, and then he took
his Bed, and lay for divers Weeks before he was at any Eafl i„
ftirnng about It feems the Slaves were well inftruded in^his Pro-
whl'n M f ?"'il°" '"PP""' f''^q«^"f>y in great Men's Houfes
^aifanc^r ' ^^"'°"' "'" ^ '°° ^""^'''^^ ""'^'^ ^^eir CoS
o?;:f„ 'Zf" a/''' Merchant had a very ftrange, and dreadful Infirmity growing
onhTKl: : ^f "P°" h"n. which ^yas a Wen upon each Knee. Henevf 3
know how thefe came at firft ; but the rifing of them ftrangely fur
not by Skill, or Intention, but. by meer Accident, cured. They were
lZ'''ftr^''^% ^'^'^^' ^^ ^°"'d "°' ^«lk with any Stren.Th and
leaft of al down H.ll or Stairs. It was deliberated whether he rhodd
K u "",' n^^^"^ "^'"^ '^l^^" o'^^' ^h'ch if he had done he had
P^-J^bly loft his Legs, if not his Life. He could not but ^ndcinate
in his Mind the great Mifchief thefe Excrefcences might brW ?non
him; which was fuch a continual Trouble to him^ tha he couW
fcarce ever keep his Hands from them. But onc^ while he w 1
handling one of them, he obferved a little Matter iffJat a Por,
omewhat like a Card. .,„d. as he fqueezed. ftill mo e came out 3
as heft.il urged, thatalfo ftarted. Upon Examination and Trial he
found the fame upon the other Knee, and then he feldl fo bo e
this Squeezing as long as any Curd would iffue, and at lenJtl bv
this and no other Means, he reduced the Wens to nothnl^nd fj
made an unexpeded but pcrfeft. Cure upon himfelf. Thi isMat!
fo tunl'p f^ T" "°"':y '" '" '^"°"'"' f°' ^1>^ Sake of thofrun:
fortunate Perfons that may have fuch fungous Excrefcences rifmeuo
and growing under the Skin. But our Merchant, notw th anS
hi. Cure, was never, in all his Life after, ftrong in thofe 101^^^
'^ ^> or hetS with no n^R ?r- ''"l- '' b ----JrtVoTe'which
ni«- conftTnrn • I." u R^folution than the former, which wa a too
that the Merchal .^k'°' f "' "^'"^ '" ^^^"'"g^" ^' '' -^'> ^-v^
mat tne Merchants abroad are too much given to the Bottle • anH
many come home as very Sots, as if they hal never gone aSad. In
the
.9;^ DUDLEY NORTH.
6j
the mercantile Society at Conjlantinople, the jolly Cup commonly
clofed the Evening ; and Mr. North, being always debonnair and
complaifant, kept them Company, and did as they did ; until, at
length, he found that, if he went to Bed without a Bottle or two in
his Belly, he could not deep, and that flrong Wine was his Lauda-
num, as if he had been troubled with the Hyfterics. Is it fof faid
he to himfelf: That Experiment Jhall be tried: Muft I be a Sot,
becaufe I do not pep f And thereupon he refolved to drink no Wine
at Night, and held it. At firft he found, as before, that he could
not fleep'; but, after a Night or two, he fell to fleep juft as he ufed
to do when he drank Wine. This was one of his fhort Turns,
fuch as I have obferved of him, and (hall further obferve him ufing,
when any thing troubled him, which was not infuperable.
But this too fudden Turn brought another Inconvenience upon
him ; for, not long after, he began to be almoft continually indif-
pofed; and his Nights were uneafy j and, thinking it beft, forbore
Suppers, and was a little better upon it ; and then perfevering, he
grew worfe and worfe, in a manner as the Dodors call a Cachexy,
or bad Habit, which is ordinarily cured by Diet and Regimen. He
once complained to one of their Quacks, whom they called Doaor ;
and he told him that his Regimen had been utterly wrong, and fo
long as he lived fo abftemioufly, he never would be at eafe, and
well; and therefore wiflied him to indulge at the common Hours,
but without any Excefs, and at Night always eat fomewhat, and par-
ticularly what was favoury, as Cavear, or Anchovies, fufficient to re-
lifh a Glafs of Wine or two before he went to Bed. He went
into this Courfe, and, finding a manifeft Change for the better by
it, he never left it off as long as he lived. It feems that, after he
found his Heart's Eafe at Conftantinople, he began to grow fat, which
increafed upon him, till, being fomewhat tall, and well whiskered,
he made a jolly Appearance, fuch as the I'urks approve moft of all
in a Man. rr », ^
This gives me an Handle to relate a Paflage concerning himfelf, ^'^^/^^^
which he told me in Familiarity and Confidence, faying he had let dj^n.c . efo-c
no Mortal elfe (his befl Brother only excepted) have any Knowledge the Grand
of it, left they {hould think he lied out of Vanity. The great Offi- ^'S'^of-
cers about the Grand Signor, with whom he had tranfadled, and
(with fuch Refpedts as became him) familiarly converfcd, told his
Majefty that there was now, in the City of Conftantinople, an ex-
traordinary Gower, as well for Perfon as Abilities, to tranfadl the
greateft Affairs -, and fo, in the ordinary Converfation with the Grand
Signor, he was often named for fomewhat confiderable, befides his
ading as Hafnadar of the Englifi Nation under their Embaflador.
^ K The
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i.
D U D L E Y N O R T H. (Jp .
efFea but this, mx. That he was Treafurer fo the Levant Company,
and ready ivith his Per/on to receive, and iffue fuch Monies as his
Lordfiip the Ambaffador jlmdd order to be raifed, and paid for the
Service of the Nation ; and underwrote his Name. When the Am-
balTador and his Friend had perufed and conlidered this Anfwer, they
cooled ; and Sir Thomas faid, it was beft to lay both afide : And there-
upon they proceeded in Form to the making an Ad for raihng the
Money; and fo the Bufinefs was done.
The Trads penned by our Merchant at Conflaniinople which con- The Tnfts
cern the Time before he left tb.e Place, are thefc : I. The Iiipry oj ^^^^.^.^ ^^,
Avanias- to which I have added fome Accounts of the Time fince tans, an^iofa
he left the Place, and tbofe I took from fome Memorandums of his "^^^ *
Brother, whom he left behind him. II. The Account of the Au-
dience at Adrianople, when Sir John Finch renewed the Capitulations
with the Government there, which was a Matter of great Conle-
quence to the Merchant's Trade there. III. A Letter to^ one
an Italian Virtuofo, who lived with him in his Houle,
and was a Minifter of the Duke of Florence, in that City, to fpy
and advife all Occurrences. He was a very good ^o'?F";°"> ^"f .^^
dextrous Secretary. He had made himfelf Mafter of all ih^ Turki/IA
Forms, and could write to them in their own Phrafe and btyic ; ^
and, by the Charader of the Man and his Employ, I jerily believe
he was the very Perfon that wrote the genuine Letters of the i ur/.ij/j
Spy, tranflated into Englif:. The Merchant had contraded an In-
timacy and Friendftiip with him, and knew diverfe of his Methods
of coirefponding, fuch as he ufed to his Mafter, and other Courts
in Europe, giving an Account of Incidents concerning Turky, ^nd
what might affed the Chrijlian States. He converfed with all forts
of Men, E/crivains, Dragomen, C^c. was debonnatr ^nd tree m Com-
pany, whereby to make others fo with him: He was hteraUy all
Things to all Men, and never diffented in any Way of pafUng Time ;
walking, riding, eating, drinking, or any thing the Company liked,
feemed agreeable to him. In making his Difpatches, which were by
every Conveyance, he ufed firft to write to his Mafter the Great
Duke; and in that Letter he charged all that he could colled to
write by that Conveyance : And, that done, he had his Materials tor
all his other Letters; for what he wrote to every one, was here ana
there culled out of that, according as their Charaders required.
This Letter to him is wrote in //.//.., in the Style of vulgar Acccunt^of
fpeaking at that time, which the Merchant had acquired to a rer- ^^^,,,^,^1^
fedion and exprefled himfelf as naturally and fluently in it, as it it secretary.
had been his Mother Tongue ; and it hath been obferved, that no
Frank ever fpoke the vulgar Italian Idiom fo corred andperled as
tj
^'
TO
A Rcpulfc at
buying a
Horfe.
T^e LIFE of the Hommahk
he did. I obferved a fort of Qiiaintnefs or Spirit in the Denn;n«,
wh,ch made me give it i,, its own Drefs : But, '^or the ConSS
of fuch as perhaps may be lefs acquainted with Italian than I 'm
I have con-columned a Tranflation of it into Englip^, which if nTt
fc. well done as the Letter deferves. I hope will fp'pJar yet jift a„d
It was our Merchant's Fortune to be Treafurer, when the grand
Equipment for the Audience of Sir yohn Finch zt AdriZpEl^t
made ; and to be charged with the providing all things necXv for
the Journey, and. to his great Fatigue, to atlend it in°Perfo„ ^And
now, leaving all the Particulars of thofe Affairs to be founS'in the
Merchant's own Relation, which fhew what a Work the wlie muft
?^r r *^,f "'•'^ff^o^ took no trouble of any thing at all o Sm
felf ) I will proceed, and relate one Paffage the ^ferchant told^s
happened to h,m about buying an Horfe for the Ambaffador to ride
Upon the Death of a Bafia, or fome great Man, his Goods
were fold by Outcry ; and, among other Thines a famr ,, H^r
to be fold : The Merchant went in order to buf it if he ' S f a'
When he appeared, and asked the Price, the^Mnnair ^f^.l^'
who was a Man of conf.derable Authorily. ra^rhlmfdf 'u'; td'
n here faid he. never a Muffulman (or true Believer) leTinthe
World to come and buy th,s fine Horfe ; but he fm,Jl falf i2 th'
Hands of a nafly Gower, to fet hisflj-n *A—e uJi/cLT -rt
Merchant needed not hear the Word twice but eafhlm JZ^' f c
he had perfifted. the 'H.ri. probably, who' th"nk an H^rf? ' J
?o?"'""Hf°b ^" J'lf'^' '° '''^ "Pon7at°thtTn%at"°;of tt"S^
low might have fallen upon, and beat him
The Merchant underflood the Genius of the Turks and tn.,
how to make his Court as well as any Man living I wfl J
but in one PafT.ge I find in Dr. Covers Account o- the gZS cl u
JoL 3 17 Mr. Dudley North once told C.rX"; j, tint ot
compared fuch an ungrateful vile Man (not otZfol^^^^^
a Swine tnat grows fat with Acon.s, and wallows in "them ni
n^mding or looking up to the Tree; from whence the^fdl Th"
J-urk Ml mto a great Rapture in their Praise onr^ rJ -
Above all Creaturet the r.f.i. abomh'ate fs w^^^^^^^^ Commenaation.
^'SJ^.^::;^'^':^^^ ^^-^"S thcfr PoOcnor. which :he.
A
J^ir DUDLEY NORTH.
A Relation of diverfe Tiirkifli Avanias *, ftnce the Govern-
ment of Cara Muftapha Baflia, Vizier Azem.
c-pOR the better underftanding of thefe Affairs, it is abfolutely
< t* neceffary firft to fay fomewhat concerning the Nature of the
< Government of the Office of Vizier Azem, or chief Vizier, and of
« the feveral Kaimachams which are his Subftitutes, and ad only in
« his Abfence. .
* The Turkip Government is diredly that of an Army, being un-
< der the fame Methods in the City in time of Peace, as in the Field
« during the War. The Grand Signor is the General ; he hath in-
c deed a double Capacity, the one as Head of the Empire, the other
< as a private Perfon. As Head of the Empire, he hath a daily
« Pay out of their public Treafury ; and his common and ordinary
« Charges both at home and abroad, are born by the Teftardar^ or
« Treafurer for the Empire. As he is a private Perfon, he receives
« Prefents, Fines, and Confifcations ; and defrays many extraordinary
« Expences, as Buildings for charitable Ufes, Jewels for himfelf and
' his Women, &c, which Treafury is under the Care of the Hafna
< Kiiaft, or Treafurer of the Grand Signor.
' Here is to be noted that, in his private Capacity, he is always
« vaflly rich, and heaps up very great Treafures; when, many times,
' the public Treafury is exhaufled ; fo that, in Wars, he is often
« fain to lend great Sums of Money to the Public, which they are
« fure punctually to pay again.
* The next in Office under the Grand Signor, in the Govern-
« ment, is the Vizier Azem, or chief Minifter, who is of that Credit
* in the Empire, that the Grand Signor calls him Tutor ; and in-
' deed he ads all both in Peace and War. The Grand Signor, mind-
« ing his Pleafures, leaves all to him : And this happens, not more
' out of Luxury than, from the Maxims of their Policy : But, when
* the Grand Signor is an adive Prince, and will look into Bulinefs
* himfelf, or when he is jealous, and his Nature fickle, apt to hear
< and believe Complaints againft his Great Minifter, the Vtzier figni-
« fies much lefs. . . , u-
' When the Grand Signor goes to the War, he carries with him
« all the Officers of the Court, even the Mufti, Judges, and all : The
« like doth the GraJtd Vizier, when the Grand Signor ftays behind.
« But then he leaves a Subftitute, which they call Kaimacham, to adt
< like him in his Abfence ; And all the other great Officers of the
« State make their Subftitutes in like manner j fo that the Grand
< Signor
* Unjuft Demands againft the Merchants.
71
7 % 77je LIFE of the Honour able
Signer liath as formal a Court as he had before. So alfo, in cafe
he doth not ftay in the imperial City of Conflantinople^ but re-
moves to any other Part of the Empire ; where-ever he goes, he
carries with him his whole Court ; but then, not to leave the great
City deftitute, a new Kaimachaniy and otlier Subftitutes are appoint-
ed ; whereby, notwithftanding the Abfence both of the Grand Signer
and Vizier, the City hath the fame formal Government as if they
were all there ; with this Difference, that thefe are Underlings,
and dare not meddle in great Matters. But, in all Bufinefs of Con-
cern, they receive Orders from their Principals abroad, and adt ac-
cordingly.
* The Government being thus fupplied, there is no need (unlefs
upon extraordinary Occafion) for the leiger Ambailador of any Na-
tion to attend the Perfon of the Vizier, but they may difpatch their
Bufinefs in Conjtantinople, the Refident of Germany only excepted,
who continually attends the Vizier % Camp, at ibme reafonable
Diftance.
* In the Minority of this Grand Signer, the Government was fo
broken, and Things fo unfettled, that a Vizier could Icarcely hold
his Place to the end of a Year; whereby Things cam^e to a very
bad pafs, Soldiers not to be governed, and the Revenue anticipated
above five Years beforehand ; and then, as the propereft Remedy for
thefe Evils, a rigid, cruel-natured Fellow was found out, and made
Vizier^ who was the famous old Cuperli-, a Man fo obfcure, that
he was even known but to few, and had been employed only in
feme petty BaJJoalick, and, at that time, was poor, and in Debt.
This Man was no fooner in his Seat, but he was marked out for
fudden Ruin by thofe who had been acquainted with fupplanting
one the other. But he took a Courfe different from what they
ex'pedled, and were acquainted with ; for he prefently cut off the
Heads of the fadious Party, and in fo little time reduced the State
to Peace and Quiet, and freed the Revenue, fettling himfelf fo fe-
cure, that the Grand Signer continued him about levcn Years, till
his Death, and then, by Recommendation, appointed his Son to
fucceed in his ftead; who came to the Place with great Advantage,
fucceeding his Father that, in his Time, had reduced the People,
fo that none durfl appear to move fadioully.
* This Man. Achmet BaJJ:a, was bred up to Learning many Years,
making Profeffien of the Law, and had been actually a Judge in
Civil Caufes, a Quality fcarce ever known in a Vizier before; to
which being added a natural Juftice and good Difpofition, he was
one of the bed Minifters that People ever knew. In this manner
he ruled the Empire for about fourteen Years, till his Death ; the
* Grand
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Sir DUDLEY NORTH.
Grand Signer all the while purfuing his Pleafures, hunting on the
Mountains, to which he was much addided ; and fo lived free
from the Terrors and Frights he had formerly endured from the
Fadious, upon every Change of a Vizier. Immediately, upon this
Vizier sDGdith, Cara Muftapha Bapa fucceeded, who had been, for
many Years, the next Perfon to the Vizier, and his Kaimacham,
when he went out to the Wars. He was brought up a menial Ser-
vant, under old Cuperli \ and, having gradually paffed all the Of-
fices of the Court, is now the prefent Vizier, having reigned in
that Place about four Years. He hath behaved himfelf with great
Rigour and Severity, but v^^ithout Blood, contenting himfelf with
Money, which, with flrange Rapacity, he hath raked from all Sorts
and Conditions of People ; and he hath found this, not only a fufficient
Expedient of humbling his Enemies, but a great Means of Pro-
tedion, which the Grand Signer, of late Years grown very covetous,
hath daily exaded in great Sums from him.
' Thus much I thought fit to fay by Way of Intredudion, before
I entered upon the Avanias that happened in his Time ; and that
for two Reafons; firft, that it might appear how long the Franks
(as all European Nations, that have Articles of Peace, are called)
had lived under the good Government of Achmet Bajha^ viz, four-
teen Years, and feven Years before that, under his Father old Cu-
perli, who, though of a bad Difpofition, yet, being wholly taken
up to redrefs the Wrongs of the depraved Government, had net time
to mind them ; in which twenty-one Years, it is likely, they had a
little forgot the former Rigour of the Turks, and, doubtlefs, aded
many things with a great deal lefs of Circumfpedion, than is abfo-
lutely neceffary to them that live under that Government. And, in
the fecond Place, that it may appear. Viziers are new mere firm
in their Seats, than they have been in former Times ; the Grand
Signer net having made any Change thefe twenty-five Years ; fo
that they, who think Complaints to the Grand Signer might be
heard againft them, may, upon Trial, find themfelves much de-
ceived. The Ragufeam were thrice repulfed by the Grand Signor,
on Complaints made againfl the prefent Viziers, without the leail
Redrefs \ and many others have had the like Succefs.'
71
the
74 755^ LIFE of the Honour able
The fir Jl Avania, made on onr Eng\[{h A^atioHj concetn'wg
the Andieuce of the Embajfaclor*
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\T7 HEN the Vizier came firlt to the City of Conjlantinople^
^' which was not long after he was made Vizier, all the Em-
bafl-idors made their Addrelles to receive the firfl Audience of Com-
pliment ufual to a new Vizier; and not long after, a Day was ap-
pointed to the French Emballador. Here it is to be noted, that
the Turks are a People who abound in Ceremonies as much as any
whatever, tho' not always, nor at all Times, alike. Sometimes an
Embafliidor Ihall be received by the Vizier with a great deal of
Formality and Ceremony, and at other Times without any at all.
The FormaHtics confift in putting on the Divan Habit, and by
caufing two Chairs to be brought into the Room, one for the Vi-
zier, and the other for the Embaflador. When it is without any
Formality, then the Vizier appears only in his ordinary Habit, and
fits on his Cu(hions in his Corner, and the Embaflador not being
able to fit by him in the Manner the Vizier fits (which no Man, not
bred to it from a Child, is able to do) and for the Honour to keep
up the Cuftom of their Countries, hath a Stool fet for him, jufl
before the Vizier, at fome fmall Diflancc.
• Now, in all Rooms of State in Turky^ the upper Part is raifed with
an Half-pace, about a Foot higher than the rell of the Room. But
all the Room, both upper and lower Floor, is covered with rich
Carpets, Beds, and Cufhions round the Walls, to lean againft and fit
on. The French Embafi^ador, coming into the Room appointed
for his Audience, found the Chair fet for him below the Half- pace,
and the Vizier's above; whereupon he fpoke to one of his Servants,
to fet hisChairlikewife upon the Half-pace ; but before he could fet
himfclf therein, it was taken away by a Tiirky and fet where it
was before. Then the Embaflfador takes it himfelf, and fets it upon
the Half- pace, and, being about to fit down, a T'urk fnatchcd it
away, and had like to have given him a Fall. News of this was car-
ried to the Vizier, who called for the Dragoman, and afked what
the Embaflador meant ; and fent him Word, that, if he would not
fet his Chair below the Half-pace, as it flood at firfl:, he would not
come out to him ; whereupon, after fome MeflTages backwards and
forwards to the fame Effed, without any Condefcenfion on either
Side, the EmbaflTador role up, and went away, without any Audi-
ence at all.
* This
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.9ir D U D L E Y N O R T H. 75
. This was no fooner done, but we had Notice of it. and not long
,fJr came a Meffenger. from the Vizier, to our Embaffador toap-
n; hisAud ence- bu his LordOiip. to gain Time, thought fit to
Sve th^M ffeng« on his Bed. an'd excufed himfelf upon Ind.lpo-
receive tne m i g j^ ^ ^^^ afterwards fent to the Venetian
S; Jor anrZ^. Rehdent. to appoint their Audiences who
• J ^\.l^ \n Minner as the Vizier ordered. JNot many iJa),s
':^tTvT^I.^^^l£Frencl: Embaffador for the Affront
and confined him to his Houfe, and ordered him not to ftir without
r.ave in which they were fo ftrift, as to deny Leave when aHced.
to vlfu an Embaffador from Poland. His LordQiip thereupon drew
uo a MemorTal. infiftin^ therein, that former V.z.ers load received
Fmbiffadors w th their Chairs on the fame Place, and that he durft
nnt receive it on other Terms. This Memorial was g^xKKaimacbam, or Deputy,
had received th V^ypZich Embaflador. in the fame Way he now
?eau er^^nd had pra.«, of the lurks, approaching.
JLi 2
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76
The LIFE of the Honour able
after much Time fpent, and all Endeavours ufed, it was at lafl con-
cluded to pay fix thoufand Dollars ready Money ; and not long
after, the Embaflador had his Audience accordingly, the Vizier be-
having himfelf very infolently all the while. The French Embaf-
fador hath been fince recalled, and another fent, who, to the laft
Advices, had not received a public Audience on the Score of plac-
ing the Chair, tho' he had been in Conftantinople above a Year. But
at his firft coming, he had a familiar Audience, as I havedefcribcd,
he pretending Orders from the French King, not to condcfcend
in this Point.
RefleH'ions.
THE Vizier being an haughty rigid Man, there was little Rea-
fon to expedl, he fliould part with a Ceremony upon Difpute,
while Vizier, which he had enjoyed in a lower Sphere; being but
Kaimacham, And tho' the £«o-///Z> Embafilidor had Reafon to (land
as high upon his Honour as the EmbafTador of the trench \ yet it
might have been forefeen, that, where an Hmbafiador refides on the
Score of Trade only, it would not be thought fit to break upon
Pundlilios ; and yielding, on the Vizier's Part, was not to be ex-
pedled; therefore it muft come to a Redemption. Between Nations,
where there are mutual Embafiadors, Ceremonies and Refpedls are
retaliated, and Afl^ronts are paid in the fame Kind; but i\\Q Turks,
having no Embafiadors, expedl no Payment but ready Money. They
will not acknoVvledge they receive any Benefit by our Trading with
them ; and therefore have no manner of Regard to a good Correfpon-
dence with us; as appears by their refufing our Prefents, and flight-
ing our Complaints on all Occafions. Our Policy therefore is, to
trade as quietly as we can, and intermeddle with them as little as is
poflible, to the End they may take no Occafion to prey upon us 5
as for certain they will do upon any Pretence whatfoever.
The fecond Avania, being made upon Mr, John Afhby
Merchant tn Smyrna.
' A Certain Venetian, or rather Candiot, called Pizzimani, a Per-
• *^ fon of no Reputation or Wealth, having bought a confide'^able
•Quantity of Glafs-beads, and oihcv Venetian Wares, trading from
• Venice to Smyrna, on which he owed Money, pawned the Goods
' to an Englijh Merchant there, and took up, at Jntercfl on them,
* three
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j';;- DUDLEY NORTH.
three thoufand Dollars. Not long after, the Merchant dies and his
Partner Mr. 'John AJhby (who was abfent at Adrtanople when
the P wn was taken) taking the Account of h.s Partner sBufinef
IndEftate, found this Pawn ; whereupon, T.me of Pay;rnent
beine part, he demands the Money of P.^^m.m who from T.me
to Time, baffled him. At length, find.ng no Probability of h^
Compliance. Mr. AJhby (the Partner) cues h.m before vhcEngUp
Co2l in Smyrna, before whom he gave no Satisfad.on of Perfor-
mance according to his Obligation. Therefore the Conful con-
Temns the Goods to be fold by Inch of Candle, which was done ac-
cordingly. Pizzimani all the while behaving himfelf fo as it
could not be proved he either confented to, or oppofed the Pro-
ceeding. But after all was over, and the Goods produced fhort of
hbOWigation, he takes a Copy of the Sale out of ih^EngUfl^ Can-
cellar! And, with them, goes up to Con/lanUnople-v^hcrc, coniing
before the Vizier, he declares himfelf a Subjed of the Grand Sig-
nor, as born in his Kingdom oiCandta, and complained of a Wrong
done him by a Merchant. Mr. AJhby, in Smyrna, and obtains an Of-
ficer and command, to bring him up to anlwer hrs Suit at the
%t !|t banr-me to Conjlantinople, foon faw that the Sale
of Goods by the Candle, to which the Owner's Confent- could not
be proved, would not ftand in the turhjh Law; but the Goods
remaining entire, and being eafily procured from them that had
bought them, it was thought beft to deny the Sale wholly as if no
fuch Thing had been; and to take off the Vizier, and get a Refe-
rence to the Law, five hundred Dollars were given to the Grand Sig-
nor's chief Page; whereupon the Bufinefs was heard twice by the
chief Judge oi Confiantinople : firft in the Prefence of the Vizier.
and after at the Judge's Houfe. At both which Trials, Ftzz,-
i pSucId the Cop^y of the Sale, out of the £«^/^ Cancenar,a,
under the Conful's Hand and Seal of the Office, the which were
oofitivelv denied, and it was pretended to know nothing of it. 1 hen he
brought two Turks, that were prefent at the Sale at Smyrna, to wit-
nefs The fame, which they did ; but not being able to anlwer parti-
cularlv fome Queftions which the Judge afked them, and we all the
while ftoutly denying the fame, and affirming that the Goods re-
mained, and (hould be reftored upon Payment ihejuage beloved
us before them, and gave his Sentence, that they Qiould both re-
tu-n to Smvrna, the one to receive the Money, aud the other his
Good, boon atter thi^ it happetifd. thit tac be vai.t ot him who
had laken tl,e Bribe ot five hur.d.ed [X.llars. his Matter not having
called foi It. and he not knowing what it was for, met the Mcr-
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7 8 Tl?e LIFE of the Honourable
chant that had given it him, and afked him what he muft do with
the Money ; he anfwered, Give it me again^ which he did. A Day
or two pafTed when the Vizier's chief Page called for the Money,
and, finding it gone, fent to the Merchant for it, who now, thinking
all fafe, refufed to give it again. Whereupon the T^urk grew en-
raged, and thrcatned him feverely, what he afterwards performed
to the full ; for, in a little Time, he fo informed his Mafter, the
Vizier, that all Parties were fummon'd to the Grand Signer's
public Divan, and there, without calling any Judge to his Afli-
fiance, after little or no He?.ring, he condemns Mr. AJiiby to pay
Pizzimani four thoufand Dollars, for which he was clapped up
in Chains for about twenty Days, till he paid the Money, and he
was made to pay the ^vt hundred Dollars taken from the Servant,
for Fear of farther Severity.
RefleB'tom.
< 'T' H E Evil, that happened to Mr. Ajhby, is not to be wondered
' -■- at, confidering the Errors of the Proceeding. Firft, that the
* ^nglijlo Conful, who hath Jurifdidtion only among Perfons of his
* own Nation, fhould do Juftice for an Englijh Man againft a Stran-
* ger. Secondly, fuch Juftice as the T^urks do not allow their own
< Subje vvho
had a Right of Coyning. and gave in her Arms three Floxv^rTde
Luce. And flie fupphed them with large Quantities. And the cL.t
was not found out by the Turks; for The Arms were the fan 'c
and the Face not much different, and they could not read the In
^r,pt,on After this Example, others foon went to work the
Duke of Florence, State of Gcno., and almoft all the petty States
m Italy; (uch. as by any Means could hook in Flowers de Luce were
fure to make th.s Ufe of them. They, that had no direft xTtle
made fomewhat elfe to be like them, fomc made fpread Eagle fo
■ke Fbwers de Luce, that it muft be a cunning Man that could dif-
t.ngu.ih them. Quantities, thus flowing in. made the Money tw
fl.ll lower, even to pals at eleven and twelve to the Dollar, which
they got up agam by the Bafenels of the Metal, which was rc-
finetilSr °^^"'' ^°'"' "°' '° ^"^ '^''' '" '^'^'^ 0""«s
'All the while this Money paffed, our Nation, who were moft
aggrieved by u. laboured againft it all that they ^flibly rouTd and
fpent Money many Times and had them cried dL'n ; bu^ all fig;iS
«,h^* i^"' \*^",' '^^°"^y' ^"'^ P'^'''"^'^ the common People
aW Td ,h ° R^ ''"' ,f u"^ '''" '' '""g''^' *he Humour f^nJ
itfelf, and the Brafs, m all the worn Monies, appearing plainlV it
fen quite out of Credit and Ufe. It was generally th^oueht tha
t::T ?1, ^°T^ '^'°"''* ^^"' « «'°^'l be the Ruifof he
French and all the known In.porters of it, as to be forced to change
ITl^'TT f u ^".' *' P™^^*^ oih»^\k., for. happening in
fain to fit H ""^'^P^^^ ^-'^ ^hmet Baiha, every Man ^1"
^in to fit down by his own Lofs, and they, that had any of this
r^lS 3"nH".K"'".^/' generally carried it to the Mi n^, had
new Lion nn ' ^'l'"'- '^'''" ^°"°^^'* '^^ Introdudion of
new Lion Dollars; an Account of which, and the Reafon, fol-
vl^t nrnH"^J7 u' '"i, ''^"'"8 ^"'^'^ ^^" Quantities of five Sous
theKi'nrnfT. '^'i'/ ^^°°^ °^^''^"^ •" ='''P^"^ "f ^'"-'l)'. that
ittlemLth?".r?^°"'?; r^ Y'''^^ oU\^\.t, were worth very
SencT^ A , \^'°" °°"" ""^ "'""'"'' 'h°' '^^ intrinfic Dif-
not to r!rri q1 "fc" ^"' ""'• Whereupon the Merchants cared
Dollars Zl JT-^ ^"J^'y '"y '°"g" ' but looked out for Lion
tWs Tr^de^vin. /'"'' '^^''}' .'"'""'' '""*=•> ^"" *° Account, and
coLrn.^ • "^ conveniently for our Merchants, they were as deeply
inl^ . • '''°^'' Countries, and they were forced to go to Mint-
ing for making new, which they coin^ at all the fcverll Mints b.
• Holland;
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^//-DUDLEY NORTH.
Hollands and other Provinces, in what Quantities they pleafcd.
But new Monies being now looked upon in T^urky with great Jea-
loufy, on Account of the Temeens^ or five Sous Pieces, by which
they had been fo lately, and To confiderably, Sufferers; and theL^-
vayit Company at home fearing that fome of the Merchants might,
together with new Money, import fome of inferior Alloy, which
might caufe great Scandal to the whole Nation in Turky\ and pof-
fibly a great Avania; thought fit to make an Order, that all Monies,
arriving in T^urk)\ fliould be fearched by the EmbafTador, and Con-
fuls, aflifted by the Company's Treafurer; and that, if any were
found not of perfect Alloy, it fhould not be permitted to land. And
this was recommended to be done, in the Prefence of the Cuflo-
mers and T'urkijlj Officers, that their Sincerity might be made ap-
parent. The former Part of this Order was good, and of excel-
lent Ufe, but the Latter, of interefting the Turks therein, ruined
all ; as will appear in the Sequel, wherein I fhall fet out the Manner
or Occafion that gave the firfl Ground for the Avania on new
Monies.
< Soon after the Receipt of the foregoing Order of the Leva?2t
Company in Tiirky^ about examining of Money; there arrived
fome thoufands of new Dollars at Conjlantinople \ the which, being
in the Time of a very jealous and fearful Cuftomer, we no fooner
fpoke to him of examining the Money, but, knowing it to be no
Part of his Place or Bufinefs, he wholly declined venturing upon
it ; juflly fearing, that, falfe Monies after appearing, it might be
charged on his Connivance at the Importation; whereupon he de-
clared he would not be concerned therein. The EmbafTador finding
this, to the End that the Company's Order might not be wholly
fruflrate ; fent to the Kaimacham^ the Vizier's Reprefentative, and
tells him a plaufible Story of our Honefly, and that we would
not import any Money without his Examination of it ; and fo de-
fired him to appoint fome of his Mint Officers to infpedl a Parcel
lately arrived. He, being a downright plain Man, and of good
Meaning, commended our Proceedings, and ordered fome Officers
of the Mint to go along with us, which, for a fmall Matter, they
did, and the Money proving very good, all was as well as could be
wilhed.
< Not long after, this Kaimacham was changed, and another touchy
jealous old Fellow fucceeded him; unto whom coming on the fame
Score, upon the Arrival of more Money, notwithflanding all the
f\ir Stories we could make, and the Precedent we had of his Pre-
deceffor, yet he fiapped us up, "What? You would have me fee
' the good Money ? Vou would never call me if it were bad. Yoa
M " have
8
■■ 1 »
82
The LIFE of the Honour ahle
«' have taken all that afhore already, and now you would have me
" fee the Good ; " Nor could we induce him to concern himfelf
'at all in the Matter, until the Embaffador went in Perfon to him-
* when purely out of Compliment he fuffered it to be brought into
' his Prefence. This might have been a Demonftration of the great
* Inconveniences to follow upon thefe Proceedings, yet nothing would
' make us change them. It was the Company's Order, and the firft
' Kamacham taking it well (tho' he had not been concerned, had
* not the Cuftomer refufed it) the EmbafTador magnified it as an
* Improvement of the Company's Order, and fo could not lav it
« down with Honour.
V F^'ci ^T ""^^^'^ ^^^ ^^^^^^ ^^vc^^d'l coming to Conftantinople, a
' little bhip brought up one thoufand five hundred weighty Dollars
* which we dare not touch, for Fear of breaking the Company's
\ XJ '^\ without firft acquainting the Vizier, which was done by
* his Kaia. We heard from him in the very fame Strain with the old
* touchy Kaimacham, and the more we infifted to have tlie Money
« mfpeded, the more they conceived a bad Opinion of us, and that it
* was a Defign to cover the Importation of bad Money. So that at
« laft we were fain to take it out of the Ship, and examine it by our-
* felves. Nor did the fame Order fare better at Smyrna or Aleppo-,
« where, tho the Cuftomers were induced to infped our xMonies
« yet they always came to it unwillingly, and with Fears, and made
* a Money-bufinefs of it, that is, they would be paid for venturing
* to do what they did. ^
' To come now to the Avaiiia, which began at Aleppo, It is to
« be premifed, that Aleppo is a very great Bafhalic; the Bailia of it
* in the Wars, commonly coiiimanding the Front of the Army j
' therefore he feldom refides at Aleppo, but farms out the Profits to
' lome pitiful Fellow or other, who fignifies little more than a
' u "o^'^u'^'^'** ^""^ ^^"^ ^' ^^^ ^^^" ^^' ^^"^^ Time part; but
* the BaOia being now at Aleppo in Perfon, very hungry and poor,
* our General Ships arrived with two hundred thoufand Dollars,
* moaiy new Lions. Coming to the Infpedion, the Baflia would
' concern himfelf, and would have a good Sum for his Share. But
' the Conful there not daring to yield to him, having been blamed
< tor lome fuch Allowances, the Baflia, who perceived he was likely
' to get nothing, in Revenge, fends a Difpatch to the Vizier at Con^
^ Jtanttmple informing him, that the Englill^ had imported four
* hundred Purfes of fiilfe Money ; whereat the Vizier took Fire,
* and fent to have all the Money feized and fecured, and twoDol-
' Jars taken out of every Bag, and fent to him. We heard of this by
* Accident, juit before his Lordfhip had his Audience of Reconcilia-
* tion
.^/V DUDLEY NORTH.
tion with the Vizier. His Excellency fpoke with the Vizier about
it, who told him plainly what he had done, and that if the Money
proved bad, he would confifcate it all to the Grand Signor's Ufe j
but promifed we fhould have a fair Trial.
' Not many Days after, the MeiTengers arrived from Aleppo, and
brought under the Seal of theBaftia and Conful, one thoufand Dol-
lars, Part of the Money imported, whereupon the Vizier called
the Embaffador to fee the Trial of it; for which all Things were
prepared in the Vizier's Yard, and the chief Officers of the Empire
attended as Witnefles how it fliould prove; the Vizier alfo peeping
out at a Window. As foon as the EmbafTador came, they began
the Trial, and firft melted down one hundred and fifty Dollars at
once, and, after, one hundred for a fecond Trial; both which
proved good according to the known Alloy of Lion Dollars. We
were then difmiffed, and the Dragojnan ordered to attend the Vi-
zier's Kaia next Day, where he was told, that this was a great Sum
of Money 5 and fomewhat the Vizier would have; otherwife we were
threatned, that he would fend for it all to Confiantinoplc, and melt
it down, and cry down all new Money from pafiing any more.
The Money demanded was twelve thoufand five hundred Dollars,
that is twenty five Purfes for the Vizier, and five for the Kaia and
Officers; in all fifteen thoufand Dollars, which, after fome Conful-
tations, not being able to get any Abatement, was agreed to be
paid, and thereon Commands fent to Aleppo for freeing the Money.
Notvvithftanding all this, the Baffia made fuch Scruples, that he got
near two thoufand Dollars, before the Money could be cleared ;
which was more than at firft would have done the Bufinefs with
him.
< In this Matter the Vizier without Doubt was much difappointed ;
he thinking no other but the Money was falfe, as he had Reafon,
being wrote fo from the Baflia of Aleppo. And our good Friends
the Dutch in Conftantijioplc, all faying the fame Thing, and moft
impudently and falfly denying, that it had been coined in their
Country. So that the Vizier, falling from fo great an Expedlation
as confifcating the whole was, it could not be expected he would
be quite flurred, and make no Advantage by it.
Rejlti:hons>
c <-p pj £ Merchants here thought it a fure Prevention of all A^m-
* 1 nias, upon the Score of bad Money, to have their own pafs
* the Teft before it was imported; and it had been well if the Trial
M 2 ' had
8}
84
The LIFE of the Honour able %
had been confined to their own Officers. But to intereft the rurh
and make them prefent, was very improvident ; for it could not be
imagined fo much could pafs the View of a rapacious Officer
without his contriving to faften upon fome of it; efpecially when
they were intituled to demand fome Recompence for their Pains
undergoing a Trouble not incident to their Offices. And the T:urks
had great Reafon on this Occafion to be jealous; for why all this
Care, but toexcufe bad Money, when it fhould afterwards appear;
and to lay Blame at their own Doors ; which made the inferior
Utticers refule to take it upon them?
The fourth Avania, hehig a Se'tfure of the Ejlate of Mr.
Pentloe after his Deceafe.
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OR the better Underftanding of this, it is firft necefTary to
wrn j'r' .*'• ^^^ ^^^ °f '^"'-''y ^"°w« "ot 'he making any
Will to difpofe either Land or Goods. But according to Rules they
have, when any Man dies, they difpofe his Goods to his Heirs.
And they will not take any Evidence but viva voce. So that
with them, Books and Papers fignify nothing ; whereby it many
Times happens, that the Wife and Children feife upon all
and defraud many of their Rights. Upon this Ground it hath
been always efteemed unfufe to employ married Men as Fadtors
and hath ever been avoided by all Perfons; tlieirEftates being purely
at the Difcretion of their Heirs. Farther, it is to be conliderecl, that
the /«r,«^ account all fuch, as have married their Subjeas no
longer as Franks, but equal with the Greeks and other Cbriftian
bubjefts, and no better; as appears by what they did in Galata
to feveral French and Dutchmen married there, which happened
foUowir ^°'^ ^''^ ^^'*'' °^ ^'- ^'"^''"' '" *^ ™^"""
' Galata, over-againft Conjlantlnople, where all the Franks and
a great many other Chriftians live, is a Town that belongs to the
Queen Mother, the Revenue of it going to her Maintenance. The
Farmers of the Rents for fome Years part, to beat down the Farm,
for Argument s fake, ufed to alledge, that the Place was in a manner
wholly peoped with privileged Perfons, as Dragomen, who are
Interpreters (and notwithftanding that both they tnd their Wives
are the Grand Signor's Subjeds, yet are exempted and made free
by the Capitulations of the Nations they ferved, as alfo by efpecial
Grants to themfelves obtained at theDefire of their refpedive Em.
bafladorsj and married Franks. Complaint of this being made to
' the
I
S'tr DUDLEY NORTH.
the Vizier, he appointed an Inquifitor, with an extraordinary Power
to take Cognifance of the Matter of Facft. He coming upon the
Place, and not receiving a Bribe, as he expeded, and as one did
who came there on the fame Errand fome Years before, made
ftria Enquiry, and gave particular Account of all he found mar-
ried to the Grand Signor's Subjcds, about forty Families of French
Watch-makers, and the chiet of the French Merchants, three of
the befl of the D//^
The LIFE of the Honourable
' pired, he may depart I take the Reafon of this to arife thus •
once a Year the Turks coUedt a Tribute of all their Subieds thaJ
are not Mahometans. It is not reafonable they fliould take thi of
h rr\ /°°" ^' he arrives, but. when the Year ha5h Li
'noriikeWth^tS'^-'""''^ ''"'°" '° P^y ^^ ^'- -«• A"d!t i
not likely that, having once received, they will forego it • for that
would permit a great Diminution of their Revenue! which thev
endeavour to enhance, by all the Ways they can. The Reafon
k Lc ' A^" "°' V^' P'-'y 'hi^ Tribute, is, as t ley a lete
It, becaute they enjoy the Benefit of the Wars and Peace there
upon, without ferving in them. Elfc they would en^ he La
hours of the Turks, who are their Mafters, and pay notW for
All g°T"'^r-°^"'r'\2^"^«'' this'TribuVisimpold.
All European Nations, that live among them, and have Articles
for Intercourfe of Trade, are called Franks; not from a Cornintion
of the F..../. Word (as fome think) but from the SiSflT
tion of the Word they call us by in' their own Language which
ot Head-money and fome other Duties, their own Subieds are
liable tOi and by them we have free Liberty to come and to lo
Z V^' ^'f''' ^^'^'^> ^"■^> -^ --'d not do. But it is cof
'roverted whether a Frank, after he fhall marry a SubU of °he'
Grand Signer, can any longer retain this Freedom, upon Pretence
. tr,,!' ^l^u'^' ^". "^^ Capitulations, that fays, ' Anl^S Ma'„''
•whether he be married or fingle, ftall be fri'^.. aS thf v^e
:Z^li'°f'-'l°^-^?^^^^^Ai^ch as married the Grand S,Ws
. ?if fu '■ \t "'" ^"'■'^^ ^^y- "' '"fends only fucli as come over
' in In iStTiirfv y""- ^'""'"? ^'^ ^^= "''^- "^ 1-^d in 6'«.^r«<,
in ail about thirty Years j and about fix or feven before lii t about
87
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The L I r F, if the Hmmahle
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about their Bufinefschearfullyenougl,, and paid there ten tl.oufand
Dollars of the Money. Ar,d. at their firft Arrival in 5V;nv J thev
began, and made fome Payments of Monies, but the Snm S
very great, they now perceived themfelves in a very grea Error^
becaufe they had not fo much Goods in their Handsof the Dece'f'd'
as thev thougln they had, and that all People were fl'v to "S
v,th then,. They began alfo to perceive an 'hnpoihbili v of t e
Comphance. Whereupon they made a Propofition to ti.'e Nation
n2u7 n'"'^' "'°".'^"'^ ^°"^"' ^^"'^ '^'"^'^ they fafd h ;
niould be able to go through; but that not bein^ [o be had
tney qu.te de.ponded. And the ^Turh, feeing not4,l done for
tnc Payment of the Money, had not Patience%o expefl the Dav
of Payment, but broke open the Ware-houfes, and made Sab of
the Goods as they beft could, that is, what any one would tu°
btu the Quantity of Tin being too grkt to be Jll fo dTor Mon V
a good Part of ,t was font up to Conjhintinople ; they feci m this*
abandoned all farther Thoughts of the Bufinefs, and^m de LDeai
to my Lord Embafl-ador for Protcdlion, declaring they would Ton
cern themfelves no farther therein. ^
• His LordHiip made anfwer, that what they had done was their
own Aa, and that what they had promifed^ and cnlnged them
felves to pay under their Hands, he could not reheve th!m agaX
but he would m.t.gate what poffibly he could that thev mTah;
ine Duiinels; lo the Tr/rh, after they had made Sale of all tK„
Goods they could, and had accountedShe Goods fold and unfold
finding the Value to fall confiderably (hort of the Money thev
ftood engaged for, caft them into Prifon for the Remaind^ whS
they lay fome Months, obftinately refolved not to p y a Pennv
tS'oneTf herrh"ld ''"^ 'T'^"'"- ^" ^'^'^ Tim'e t'he wS
taices one ot her Children, and goes up to Conliantinohle wifh =,n
Intention, as was faid, perfonally to appeal to t£ Grafd W of
tlT^f '^""".'^'^^ "''^ ^'' Children, in the Seifure of hfr Huf
bandsEftate. But the Vizier's Miniaers. hearing thereof found
her out and, part with fair, and part with foul Me ns took her
bands Houfe and Gardens, worth three thou fa nd five hundred
m rriion, promifed her that, for a Q;iantitv of Dutch CInfh im
pomng near two thoufand Dollars, th^y ihould be nfed. ' ""'
.n„ ^ r ^°"^''*,'^°"''* ^^'^ Pl'-a'^eJ them; the Debt thev ftood
engaged for, according to the making up the AccounLt Z/vrf
"nporttng upwards of ten thouHmd Doflars'; and fhrthS^S
' well
J^ir DUDLEY NORTH.
well do J for, the Parcel of Tin they had brought to Conjian-
tinople^ in the Re-fale, had advanced a large Sum above what they
had taken it at, enough to make up what was wanted. But the
AfTigns in Prifon, altho' the Bufinefs was drawn into fo fmall a
Compafs, refufed to pay it to clear themfelves, which was contrary
to the Counfel of all their Friends; but were rather cxafperated
thereby, than otherwife, faying they would lie there till a new
Embaffador (hould come out, when they doubted not, but to have
all the Eftate returned, which they faid was taken from them
only by a Cheat and Connivance. And that the Grand Signor,
and, perhaps, the Vizier knew nothing of it. To fuch a Pitch of
Madnefs were they grown; the Ti/r^i in the mean Time, finding
they did not comply, to force them to it, would have put them
into a Dungeon ; but they refilled, and had Hke to have killed an
Officer that came to remove them.
' The whole Body of Englip Merchants at Smyrna^ feeing Things
in this Poflurc, having Pity upon them who had none on them-
felves, knowing alfo that fome fad Event would follow, by the
Mediation of Dodlor Luke^ the Chaplain to the Fadlory, raifed
among themfelves about the Sum of eighteen hundred Dollars,
which bought the Quantity of Dutch Cloth required, and fo they
were freed out of Prifon, as they have ever fince continued, and
gone about their Bufinefs, as if nothing of what had pafled, ever
^ was.
Reflexions.
THE Overfight that occafioned this Avania^ was the not ob-
taining beforehand an authentic Licence for the Departure of
Mr. P^;///of 's Wife and Children. It could not be difputed, but
they were the Grand Signor's Subjeds, and that the Goods were
theirs; and if, by the Law declared by the Muftiy all the Goods
were forfeited for offering to leave the Country, nothing could be
done to fave them, but precarioufly; when Smith and AJl:by were
fent for, they (Tiould have given a clear Account, and when they
had done, flood to it, but they owned not the whole Truth,
which being fufpedled by the Turks^ caufed their hard Ufage; and
thereupon their Hearts fell, and they were induced to agree upon
Terms which they could not perform. It may feem inhuman to
cenfure Men for yielding upon Fear of Torture ; but, on the other
Side, it will be vain to blame the T^urks for expeding Performance of
an Agreement founded . as they pretended, on the Law of their Country.
N ne
«?
^o The LI FE of the Honourable
The fifth Avania, by the Fizters deta'tmng the Cap'itula-
tiom, and reflor'w^ them again upon Payment of e'lvh-
teen thoufand Dollars.
' X^^? -^■y^'z/rt happened fiiicc my leaving rurky, but, by the
' 1, ^^„«'=>*'°"5 ^ have thereof, which are very large, I ftiali'dve
' the beft Account I can, for your Satisfaaion. I have fonnerlv
' hinted to you, tliat tlic vvliole Force of the TurkiJJj Law ]i,'s
• upon Witnefs viva voce, in the Face of the Adverfary Where
' upon we, fearing that Witnefs alone, without any other law-
' .V°.°* rf ^"''"S« o"" Inftruments, if admitted againft us
would be Encouragement to Rogues, to make a daily Pradice to
• let upon our Merchants for conliderable Sums, procured an Ar-
' ticle m our Capitulations to prevent it; which, tho' it would not
' be granted direaiy, yet, in fome EfFea. was done; and, as we
defired, had its Influence in feveral Inaances. The Article runs
!■ Ik' T;?^ «T'"V"^'""fy/"/'^'''^'' '" '^"'■^''>^' Phrafe is no more
than falfc) Witnefs fliall be heard againft an Englijh Man, and that
the Judge fhall not take any Cognizance in fuch Cafes, unlefs the
' P^rty hath an Odgctt, era judicial Turkifi Law-inftrument, in his
Hand. This tho , at firfl Sight, it feems to fignify nothing at
all, being prohibitory only of falfe Witnefs, which without it are
« of no Force J yet hath been of great Vk to us; for we have many
' Interpretations thereof made by their great Dodors, which declare
' that this Article muft extend to all Witnefs, it not being pofllble
' for the Judge to diftinguifli the True from the Falfc ; and thisGlofs
' i"'*? conftantly ferved in inferior Courts, and many times in the
' Vizier s Drjan itfelf, when he hath been favourably inclined But
' at other times, in all Ages, even by the beft Viziers, we have been
' ^°}S T' "''*' ^"''^'^ '•* °"'y f°'' '"f^"'"' Courts, and that the
• Vizier looks upon himfelf to be above even the Capitulations were
' they never fo clear. Whereupon we have been always mighty
' tender thereof, and never produced them for that Article, but when
• we were beforehand fure it would pafs.
' Enough hath been faid in former Letters of the Vizier, to fliew
•his Temper; which, as it is violent in itfelf, fo alfo it is apt to
' credit Violence in others, and doubtlcfs is abufed by poor impudent
Kafcals, who, throwing themfelves at his Feet with horrid Cries
• have perfuaded him of their fufltring great Wrongs, when in rea-
lity they have been the Wrong-doers. And his Perfon being fel-
• dom, or never acceffible to hear long Difcourfes, it hath been fcarce
' pofllble
^^z- DUDLEY NORTH.
poiTible to take off a bad Imprcflioii once made on him, as will
appear by what foliows.
* The Pretence of detaining the Capitulations, was given by a
Jew. This Fellow had pawned to anE/igli/b Merchant fome Goods,
part Merchandize, and part wearing Apparel, and Jewels, which,
he not being able to redeem them, were quite eat up. The Mer-
chant, who had them, was gone out of the Country. This Rogue
Jeiv wanting Bread, fo poor as ready to flarve, and finding by
manv Examples, that, if he made Noife enough, and a large Pre-
tence, he (hould be fure to get fomewhat, makes a Demand againft
two Merchants that were the Afligns of him who was gone, pre-
tending that they had his Goods, and that they were a great deal
more than in Reality they werej but not being able to make out
any Thing, of all that he faid before the Judge of Smyrna, he
goes up to ConJiantiJiople^ and there obtains Commands from the
Vizier, and brings up the Merchants to Juftice before the Vizier •
which doubtlefs he then would have avoided by making Compo-
fition with them. For when they came there, the Jew was not
ready with his WitneiTes, to prove that they were Afiigns to the
Merchants, to whom he had pawned his Goods, faying they were
at Smyrna, and other frivolous Excufc^s; upon which they obtained
Leave to return to Smyrna, leaving two others to anfwer for them,
when the Jew fhould appear, as it was thought he never would.
* But not long after, having provided Rogues like himfelf, to be
V/itnelles for him, a Day was appointed for our Merchants to ap-
pear, and defend tlie Suit. And they, knowing he depended on
his Witnefles, thought (very unadvifedly) to invalidate them by the
aforefaid Article in the Capitulations, fo thereupon they were pro-
duced in Court, and the Vizier without Doubt took hold of this,
as an Opportunity waited for, and ordered the Capitulations to be
left, that he might conlider the Force of that Article at Leilure.
But when they were demanded again, the Anfwer was, that the
Vificr perceived many Things in them, which he fuppofed were
obtained by Corruption in former Times without the Grand Sig-
' nor's Knowledge, fo that he would take Time to fliew them to the
^ Grand Signor, and know his Pleafure concerning them.
* This being taken into Confideration, his malicious Nature be-
- ing known, and left he fliould work fome great Mifchief, Over-
* tures were made to his Under-officersj and it was found that
* Money was his Aim. And under eighteen thoufand Dollars the
' Matter would not be accommodated. This Payment was yielded to as
' the lelfer Evil, and after Performance the Capitulations wer>i re-
' ftored : What became of the Jcw^ I cannot fay pofitively ; but I
A N 2 ' think
91
9^ The LI F E of the Honour ahle
' think he got fomething for his Pretences alfo. The very fame
« thing happened fince to the Dutch, and to our laft Advices is
* flill depending, and like to coft a great deal of Money. But thev
* propofe to have their Capitulations renewed into the Bargain which
' IS very neceffary for them, it not having been done in fifty Years
RefleH'tom.
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T was a great Unhappinefs, that the Nakednefs of our Capituv
lations m this Particular (liould be expofed. Certainly it was
more eligible to have paid a good Sum, than to have difputed
this Point, unlefs the Succefs had been fecured by fome Intelligence
beforehand. For it muft be acknowledged, that the Expreflions
are ambiguous; it might have been plainer expreffed, that no
Witnels fhould be received againft us, but that could not be obtained
nor ever can be, becaufe they reckon it a Difgrace to their Reli'
gion, that Chrijliam fliould rejedt the Teftimony of all Turks as
weli as others, as not credible: But granted in fuch ambiVuous
Terms as they were, ferved our Turns in inferior Courts effedluallv
and before the Vizier alfo, when we had fecured his Favour It
IS acknowledged by all, that formerly the Englijl^ were very tender
in producing their Capitulations in that Point, even before Viziers
who were commended for Juflice, and Humanity; and it appears
by the late ill Succefs, that the Policy was reafonable, and therefore
It will be^ very neceffary to be cautious for the future in this Par-
ticular; either to befpeak Favour underhand by Prefcnts, or defend
by Objedions to the WitnefTes, which, however in theinfelves not
valid to fet afide their Teflimony, yet with the Help of the Ca-
pitulations may bring the WitnefTes under the Notion of Violett
or falfe Witnefs. '
' But after all, it mufl be acknowledged barbarous to detain the Capi-
tulations ; all the Excufe, the Vizier can make, if he be called to an Ac-
count, is that it was but to confider them, with Intentions to re-
ftore them ; and becaufe he thought fit an Explanation fhould be
made of that doubtful Expreffion, for the Grand Signor's Service
and common Juflice^s Sake, which Explanation, if any fuch had
been, niufl have been of far worfe Confequence than the Price of
redeeming them; therefore it was wifely done to prevent it by
this Ranfom. It may reafonably be feared, that any Complaint of
this Matter to the Grand Signor, or Grand Vizier, would bring the fame
Queftionsupon the Stage again, which, without a greater Price, in all
likelihood, would not be determined for our Advantage.
The
j'ir DUDLEY NORTH.
The ftxth Avania, now depending^ being for Demands made
by a late Bafha of Tunis.
FO R the better underflanding of this Avania, it Is neceffary to
fay fome what of the Government the Turks have upon the
Coafls of Barbary, Ever fince the Turks loft their Power at Sea,
and forbore fending out their mighty Fleets beyond the Archipelago^
they lofl all their Command upon the African Coait beyond Egypt.
Not that the Moors ever drove out their Garrilons, or rtbelleH j but
their own Soldiers, that were in Garrifon, maintained vAvai they
had in Charge for themfelves ; fetting up tumultuous CMniiiop-
wealths, v/ith which they have fubfifted ever fince. But tiicy .'■
acknowledge the Grand Signor, by yearly Prefents to hirn, and .
ceiving titular Officers and Commanders from him. And, wit:*; ...
this, they could not have fubfifled ; for out of his Tcrriro ies they
have Supplies of Men, when their Occafions require. And, d'-i
they not, in fome meafiire, depend upon him, he would not permit
them that Recourfc.
* Tliisisthe Occafion of the B^yZ>^2*i travelling between Conjlantinople
and Tunis, which Paffige is left to him to procure, for his own
Safety, the befl he can : And, commonly, he gets thither well eaoa!2;h ;
but is often put to it in his Return, when he is loaded witii the
Spoils of his Government.
* The prefent Bajl:)a, being deflitute of his Paffage homewards, up-
on the Arrival of his Succours, freighted an EngliJJj Ship, then in
the Port of Tunis, to bring him as far as Seio ; and, accordingly,
embarked with all he had: But, before they had failed far, a Ship
o^ Leghorn, a Privateer in Corjb againfl the Turks, gave them Chafe;
whereupon, knowing that, in cafe they could not efcape her, flie
would take out the Turks, and all they had, as good Prize, they
made to a Shore, and, before the Privateer could come up with them,
fet the BaP:)a and his Men afliore; but the Ship was afterwards car-
ried to Malta, and pillaged of all the Turks Goods that were in
her. Advice hereof arriving in England, about the Time that Sir
John Finch was ^o\ng out Ambulltidor for Conjlantinople, it vvas
thought fit that he fhould call at Leghorn and Malta, to procure
Reflitution of thofe Goods lo taken out of an Englijh Ship, which
was feared might be demanded of the Englifi in Turky Acco'd-
ing to which, his Excellency calling at Leghorn, met there with a
T^urk fent thither by the BaP^a, to look after his Goods ; unto
whom, by his Lordlhip's Alfulance, feverai Goods, PVlouey, and
< Slaves,
93
94 ne LIFE of the Honour able
\ Slaves ^vere returned : And calling at Malta, had feveral Goods
from thence hkew.fe dehvcred to the TTurk ; all which Good, m
gcther with 1>'S Lordrhip's, he carried into the Levant upo^ ht
own Sh,p, and delivered them to the Bajha, who, though v«v oS
to receive what he had, yet complained ftill to want a great d"al
and often urged h,s Lordlliip to get the fame likewife returned but
was not fo nnpudcnt then to pretend, the Ambaffador was liable o
' make them good, as now he doth.
. p '^^^ ^"fit"^,^^ foon after fent'to govern on the farther Part of
Egypt, near Ethtop.a, whence it was hoped he would never return
h.. Lord(h,p alvvays apprehending fome Trouble miaht come from
h.m, e pecally fince the Time of this Vizier^...: who £th fo
' wil nigly heard all manner of Complaints againfl the Fra,2 ..
« hath been l:nce found. This Bafha, returninglo cX/Zv^i 'd d
not, as formerly, deHre the AmbafTador woufd procure S ftit-
t.oa ot Ins remaunng Goods, but politively demuiuled them of him-
alledgmg hem to be far more than he had ever before pretended'
' and nideed more than poffibly could be. ^ fctcnaea,
'His Excellency was not wanting in ufing all Means to give the
V.zier a true Account of all the BufinefsT whereupon a^private
Hearing was ordered of the Ambaffiidor and B.fha before fome of
the prmapal OAcers of the Vizier. At which his Exccllencv"i:adc
appear all that he had done at Leghorn and Malt,, and tKoo k
hereon reftored, which was Courtefy, and not Obligation sJth
the V.z,er s Ofhcers were fo far la.i.fied of the Reafon on the i".
b^ pdor s Rut, that the Rm Effendi promifed to give the vt'er
full Sat.sfaa.on .heron , and that he would engage,^ for two Fur
nf'" wL-",' \''^°"^'"'^ Dollars, he (hould never more hear the e
of: Wh.ch Sum was promifed to be paid, when the VizVr
' ofThe E:"/-^.: ''\ "'■■"'"^ °' "^^ Bufinefsrand co.iclude i^ fl^o'^^^
• Some t.^me pafled before a Day of Hearing was appointed • which
be.ng come, the Vizier, having the chief Judge bf him h'e.rd 1 e
Baflu at large, who made his Pretences on the £^-^7/ S/ i^
fTeiSu 'th:- fil^-^l,'-'^^ ^^Y^^ Conful in W.liited h " "
t.e.glu the Enghjl, Ship, and engaged to him, that lie fliould b^
iafely t..in(ported ; alfo hefaid. that'when he met the Privneer Z
wou d have fought, and not forfaken the Ship, but l" C--, n-H
would not fuffer him , faying, he ihould not lofe any t n. fi 1
r, t'r'^/''f /"y """g '^^'l b«" --eflored to him,^dirovv^in. the
Turk he had fent to Leghorn to be any Servant of his bu vfithal
1 ■ 'tl \hf Ambaffador, when he came firft, and'dned S
li.m. had told h.m that all his Goods weie recov;red, and ttt he
' ihould
J^ir DUDLEY NORTH.
(liould have them reftored to him. Then he gave a p^ of ^jf
Good^ which the Vizier ordered to be in^erpetcd to the Anihaf-
Ador-'whereunto the Ambaffador anfwered. That be knc,v mtktng
tr It ' The firft thing the Vizier Hiid, was, Jell the Jtr.bnffador,
' hat' he is here to anf-xer for the Blood and Eflates ot all Maffiil-
men that jlcfcr b. Default of the Englifti ■ and bad l.im give his
Anfwer to U. My Lord replied, Ibat the Grand Srgnor bimjdf
could mt lecure his Ships from Corfairs, nor Caravans Jromthe
Arabs, and that againjt Thieves only Heaven can frotecj. 1 he
Vizier told the Baflia, That he f.ould make legal Proof oj 'wla, he
raid and he -Muld find him a Paymafter. Tiie chitrt Judge fa.d.
He mull make particular Proof of every Parcel, that tt w.« ««-
n.rned and accepted ; which was almoft impoffible to be done Then
zFetfa was produced, that an Obligation to recover Goods fiom
Corlairs or Thieves, or loft, is not vdid ; and that no one is re-
fnonfible for more than he (hall really recover. After much Uif-
courfe both Parties were difmiffcd without any Determination. At
firft when the Judge took his Book to write, as is ufual when they
iud°''^^' ""'"' '° ^"-"^^ '"° g^"^ * Demand i and the
EngUjh thought It too much to give on fo falfe a Pretence ; and the
. w 4 <^^'"^ l^^^ *'°"''' f^*^^" "°thing certain on us. but good
t tlie Vizier again calls the AmbafTudor to Juftice, with intention, to
•all
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5*/> D U D L E Y NORTH.
all appearance, really to condemn us in fome very confiderable Sum,
which, between him and the Grand Signor, fliould have been eaten
up, and the Baftia get but little. ion.
* When we were come to Juftice in the Vizier's Houfe, the Bafha
makes a double Demand againft us of a thoufand Purfes of Mo-
ney fpecifying the Particulars, till the Vizier cried, HoU ; tt is
enough ; and yet the Baftia cried. He had yet farther Demands.
The Vizier demands the Ambaflador's Anfwer ; which was, in ftiort,
to deny all, and to argue that we were not liable to anfwer fo un-
iuft a Demand. But, after all we could fay, we had certainly been
condemned, but that the AmbafTador found out an Expedient to
demand Time to acquaint the King of £«^/j«i therewith j for which
end a convenient Time was granted.
' The demanding Time, in Turky, is commonly, by the Turk^p
Ofiicers, underftood as if the Party had a mind to compound with
them. And certainly fo the Grand Vizier underftood it ; which
made him grant it fo eafily : But afterwards, finding foon how he
was fruftrated, I believe he heartily repented of it. Soon after, came
Advices to Conftantinople of Sir John Finch's being recalled, and
my Lord Chandois going to fucceed him, who would bring Letters,
in Anfwer to his Demand, from his Majefty ; which Advice the
Ambafl"ador fent to Court, and thereby ftopped all Proceedings.
< A Vizier is, in fome meafure, afraid of an Ambaflador, till he
hath had his Audience of the Grand Signor, where he may eafily
and unavoidably complain of him ; which Audience being once
paft it is very hard for an Ambaflador to make Complaints -, be-
caufe the Vizier hath all his Creatures about the Grand Signor: So
that nothing can be done without attempting defperate means, which
Ambafl'adors, efpecially of rich Nations, do not, hut on very great
Exigencies, attempt. My Lord Chandois arrives at Confiantinople,
and brings from his Majefty of England to the Vizier, and to the
Grand Signor, Letters of two forts ; one to be delivered, in cafe
the Vizier did not comply, of an high Nature ; and the other, as
ufual, of Ceremony only, to be delivered, in cafe all went w^ell.
« In the firft Audience with the Vizier, the Ambaflador Lord Chaii-
dais delivers the high Letter from his Majefty to the Vizier, which
the Vizier read over all himfelf ; and made no other Reply thereto,
only bid him welcome. In this Letter of his Majefty to the Vizier,
he found his Avanias laid open, and the King of England demand-
ing Juftice for the Detention of the Capitulations, a Thing of an
high Nature ; at which he was ftrangely furprized : For, though it
was not imputed to him, but his Kaia (who had been ftrangled a
little before) yet the Vizier, to clear himfelf thereof, ordered three
^ O « hundred
97
I.
5 8 The LIFE of the Homurahle
hundred Purfes, or an hundred and fifty thoufand Dollars to be
paid to the IVeafurer by the Jew his Merchant, which was the
Sum the Vjzier received. The 'Jew pretended it was the dead
Ktaia% Money ; but we knew well it was paid out of the Vizier's
own Treafury ; and the Vizier ordered the AmbafTador not to fay a
V^ord more of that Matter. The Money was received with all Joy
by the AmbafTador and Nation, as an happy Omen (being the Am-
bafHidor's firft Negotiation) that all Succeffes would be as profper-
ous: But there wanted not amongfl: us fome who feared the ill
Confequences, which fliortly after we found, paying too dear for
this Money. * ^ o
* In the fame Letter his Majefty told the Vizier, that he had ex-
amined into the Demand of the Bafha oi Tunis', in which he
iound all Falfenefs and Ingratitude ; and that, after fo great Kind-
nels as freeing his Goods from Pirates of Malta and Leghorn which
he neither was nor could be obliged to do; he therefore required
to have the Baflia exemplarily punilhed, for making fo unreafonable
and falfe a Demand, This Letter had the defired Effedl: for the
Vizier wholly difmift that Bufinefs ; which, I think, was all. But
fince the rums Bafha is dead, and his Heirs made the fame Claim'
which IS overcome, and a Rictus obtained ; which hath removed
all Fears of farther Trouble from it.
•Hitherto all goes well, and on our Side: But the King's Men of
War, with the old Ambafllidor, being departed, the Grand Vizier
began to recolJedl with himfelf, how he had been deceived of his
Hopes by us, fir ft in lofing fo great a Sum, as he expedted, out
of the Turns Baflia's Bufinefs; and, fecondly, in refunding fuch a
Sum as three hundred Purfes, which he had kept fo long in his
Maw; and, therefore, refolved Revenge upon us: And, confulting
his Jackals, the great Cuftomers of Conjlantinotle and Smnna he
was by them put into the following Way. .
A feventh Avania of about three per Cent. Cuflom of
Stlk outward.
TN Titrky, as in all Countries, the Importer pays one Cuftom, and
the Exporter another; but, at Smyrna, to avoid ftealing of CuA
torn which the Franks performed more cunningly than the People
of the Country, the ^urks found it leaft liable to Cheats, to receive
he exporting Cuftom of the Seller; fo that th^ Frank, by his own
Hands, as Exporter, pays no Cuftom. But, in the Form of the
* Capitulations^
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.r/;- D U D L E Y NORTH.
Capitulations, we are to pay three per Cent, Cuftom outwards, as
well as inwards. Upon which foot, the Vizier demands three per
Cent, on ail Silk that had been fliipped in five Years Time laft paft;
which Account would have produced near two hundred Purfes of
Money, or an hundred thoufand Dollars. The Vizier, having
had fo ill Succefs in meddling with the AmbafTador himfelf,
thought fit to fend him word, he had nothing to fay to him, but,
the Cuftomer demanding againft the Merchants, he muft and would
do him Juftice. Upon this account, the Ambaflador is fent for to the
Vizier's, with pofitive Orders to bring all his Merchants with him ;
which he was forced to obey ; and there found many of the great
Officers of the Empire.
* The Turks at fir ft were very civil to the Ambaftador, declaring
that this was the Cuftomer*s Demand againft the Merchants, in
which the Vizier muft do Juftice. The Kaia went into another
Apartment to the Grand Vizier; and, returning to the Ambaflador,
declared, that the Vizier had ordered the Merchants to be put in
Prifon, till they paid the Cuftom of Silk exported. To which the
Cuftomer replied, there was no Occafion for fuch a Crowd, two of
the chief were enough. So two Merchants of the chief Houfe were
feized by the Chiaufes. The Ambaftador urged what was poflible
to be alledged in our Defence, but could not be effe • I' ^'^^''e-
; Wars did not a little contributl^'B^ra ,1 L' vhrThtc" ''''''
• a great Secret, and fo ought to continue imona hi J ^^^^ "'^^
; ever ; for it ferves only I point out the TakTl c s ^^^''^ t
' Copy had then been {hewed, it would have hJ„ . r r ' '^ ^^^
• and Means found to trace the dTv rer and the -^ '" °'V, '''''"•
« Friend, have fufFered fatally for it ' ^''^' *' "^^^ ^^ ^«
' This Service I did the Company and Nation in at
' This ^ifte^ of tt Ho7i^ great Rigour.
Nation ; which difpofed £ AmhJflT'^ ""'' '" "^^ ^"^"^ ^^ ^"^
himhowbarbarouCwetd hT^! ''^ ^'^^ "" ^^'"> ^^"^ng
Particulars. ^^/SLl.l^r" ''''n' ''^"^ "^^'^^"^^^ ^" ^iverl
be lifted, and gtrtoffm f ^T'^^ ^^^^^^> ^^^red thefe might
Signor ; which' was I done Yn^i' am ""' V'^" [^ ^^ ^^^^ ^^^^
that of Pentloe's Eftate Vw ' ' ^""'^ "^^^''' ^^^ "^'^ ^^wed
«//^^s Ultate, that imported two hundred and ten thou-
* fand
^ir D U D L E Y NORTH.
fand Dollars. The Grand Signor, on Sight of the Lift, ordered
that, due Proofs being made, the Heirs of the Vizier ftiould be made
to give Satisfadion. So all feemed hopeful, and very fair.
« But that putting us upon Proofs was, in Truth, as much as to
fay we fliould have nothing ; for, to bring legal Witnefs was next
to impoflible. Our own Dragomen and Servants were Chriftians,
whofeTeftimony pafleth not againft T^urks-, then, fuch bribing ty-
rannifing BufmelTes are always aded underhand, with all Privacy ;
fo that few or none but the very Adors know of them. And, di-
verfe times, the Vizier's Money was afiigned to "Jew, vvhofe Tefti-
mony alfo will not pafs ; and the Adors were the Vizier's Creatures,
who, on his Death, were generally difperfed : So that there is no
Proof left, except IJfme Aga, the great Cuftomer of Conjlantimple.
This Man could teftify all, and find other Witnefles j but never
will be perfuaded to it.'
Memorandums of fome Things that pajfed in the Tranf-
aBinns at Adrianople 167 j, ivhen Str John Finch had
h'ts Audience of the Grand S'tgnor^ and renewed the Ca-
pitulations.
AT Sir John Finch's firft Arrival at Adrianople, he was infinite-
ly dilpleafed with his Conack (or Lodging) it being neither
for Honour nor Convenience fit for his Lordfhip's Reception ; the
Fault of which was imputed to Signor Antonio Perone, his fecond
Dragoman, who had been there almoft two Months before, chiefly
for the providing his Lordftiip's honourable Reception and Conve-
nience there. His Lordftiip's Anger proceeded to that height againft
Signor Afitonio, that he vowed, with the moft execrable Protefta-
tions, never to be reconciled, nor to fuffer him to ftay in Town ;
but threatened to warn him, in twenty-four Hours, to be gone for
Confiantinople, elfe he would have him drubbed. Signor Antonio
took no farther notice thereof, but retired to his private Lodging,
and gave out, that his Affairs required him at Coirjlantinople, whi-
ther he was ready to go. Signor Georgio Drapieres, the chief
Dragoman, the next Day, by Order from Court, had a better
Houfe, belongitig to a "Jew, emptied, whither his Excellency re-
moved ; ftill keeping the other alfo for Servants, G?c. which fome-
what appeared : Then, after the End of three Days, Mr. Uyat ad-
vifed Signor Antonio to humble himfelf to my Lord, and ask his
Pardon. He went prefently, and did it j and my Lord immediately
forgave all, and took him into as full Grace and Favour as ever.
inib
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»04 The LIFE of the Homm-able
'His Excellency, thus fettled, called the Nation together, and ad-
vifed with them, what new Articles he fliould demand to be in-
lertedm the Capitulations; which being agreed upon, and turned
moJurhA they were fent to the Vizier's Kaia, that they might
^^I'^'^r^'f"'''^ '° '^<= Vizier, having firft had the Advice of
.rfL.-""'A ^°' CJ^ancellor as to a':«M«. for many Ages, had remained
in the Cuftody of the Lat,ns ; tho' all Sorts of Chriji,ans had
Perniiffion of faying their Mafs and Prayers there at certain Seafons
and ,n a certain Courfe. Now there was a certain Greek, Panic-
chS ^ '• "^^^'i ^"'"^ '^' ^"■'"'"^ f°r many Years as
C^L^TT\r ' '*"['"« the Wars in Candia, was in the
Canip with the Vizier .^where, being ferviceable, he had obtained
fntn r°v- '•" \^'^l' °'Sree; and, taking his Times, infinuated
into the Vizier. that the Greeks were faithful Subjeds of the turki/Ij
Empire; whereas the Latins, or Franks, had Kingdoms and Em-
pires, and lived in Hopes again to conquer, and poflefs the Holy
Ld thaT ,h"''fK 'H ft' ^' ''"' ^' P-^^" ^""""g themfelves^
Foot i. t\ '*l"' ^""""^y. °f '^" "°'y Sepulchre, tas a kind of
l^'Z^'J }■ ♦'^^y P''!'«"ded to hold of their old Right. That
TTl?:'!:''"'' '^' ^"'^"•^y °^ '•^^^ ^°^y P'-« was looked on
for thrw. "'f 'u'* ?r^r°g«i^^. a"d that it was much fitter
tjf-^fT' u '^^ ^"'^'-^ Empire, that their Fafais, who
werefaithfuto them and had no other Dependance, louldK
honoured with it, rather than Strangers who) for the moft ParV
are in perpetual Hoftility. and. at left, but' falfe iriSids. By
•fuch
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Sir DUDLEY NORTH.
fuch Means he obtained privately (his own Nation knowing little
thereof, until it was done) a folemn Grant of the Thing defired,
confirmed by the Grand Signor's own Signature. But, confidenng
how he had been all along a Servant to the Franks, he eiijoined
the Greeks, not to make Ufe thereof, until after his Deceafe,
which not long after the Vizier's Return from Candia, happened ;
when the Patriarch of Jerufalem took out Commands, and was
put in Poffeilion of the Sepulchre, and the Franks drove out, with-
out being able by any Means to defend themfelves; tho great Ut-
fers of Money had been made, and all Endeavours ufed.
' The Friers of Jerufalem, that attended this Bufinefs, defirous
to move every Stone that might be for their Advantage, hearing
that his Lordrtiip intended a Renewal of the Capitulations were
very defirous to get an Article inferred in their Favour, vvhich one
Day might be a Means for obtaining their Point. For they found
that in the Maintenance of the Privileges they had long enjoyed,
and'had many private Grants for, they wanted the folid Fund of a
Natiot^ and an Embaffador to ftand up for them, which, m
Turky, are Things of a confiderable Figure, and can at any Time
prefs Bufinefs, when poor Friers cannot be heard ; efpecially thole
ihat live in Jerufalem, that zxt Spaniards, who have no Peace or
Treaty with the Turks. Thereupon they applied to his Lordlhip,
and ftiewed him the Article they defired, both in Turkf and Italian
telling his Lordlhip that they would willingly fpend to have it inferted
in the Capitulations, the Sum of fifteen thoufand Dollars. Whereupon
his Lordlhip procured a private Audience of the X«/ hi ,^"Rf"«^' '° <'<="y ^vhat they muft think fo fmall a
Matter) h.s Louilh.p granted. But the Letter, being in fuch eene
-al Terms, and too indifferent, would not do at Lyrna flZ
Mefl-enger returned for a more pofuive Order; which" alfo o^ 1 e
fame Reafons, was granted, and theBufinefs done. Henelon his
Excellency took Occafion to n,ention the Bufinefs of S° and
ftaurithevf;;]*]^ ";?'■• ,'^ this Meffenger, n.ould'CdleTf-
lectuaily, as hey faid lie did ; tho' no Letter was feen. bi^ his Ex
cellency, on h.s Part, wrote, by the faid Turk, a Letter t?SiV./^«
Narborough to the fime Purpofe. ^^^ John
• The Greek Patriarch, having now got Knowledge of his Ev
nnh'^ ' '"r:,"^ undertaken theBufinefs for the Z,./;?Fr° rs came
and demanded an Audience of his Lord/hiD wherein IJu'a a
the ancient Prote^ion the G.... always ^'I^^om he fij^^^^
non, defiring in hke Manner his Lordrtiip's Continuancf thereof
Whereunto his Lordrhip replied with all Civility a,^ afr Word,
undertaking to adjuft the Bulinefs between the S. and them
provided they would ftand to what was Right and Rea on wher^'
T\^^ Y't'^ ^"^ l''^' ^'^^"-'"^ -"h them, enteH," h to
h K.fTo thH °f,^B"fi-f^. fl'H arguing in Favoti Tf
his Excelle^ncy, w.^t-n h^ pr'^Ll/^T i^'diTpS ^0^".:^':
could not attend his Lorddiip in Perfon, but defi ed hat Mr clJll
our Minifter n,ight be fent to liim, hiving fie £,7 to dT/'
Pa'ith H 1 'T "°,' P^°P^^ f°^ ' Letter; at h s comi g tl
Patnarth declared openly, that he well knew the Embafl-ador for
flfn1.'l 1 •^""'^y,' ^'^ ''"dertaken the L.f.. Pa,t but that he
Wv "f™ '° f King of £„./.„^, and the Archbkop oiCaZ
cZlZ\ n ^- °'", '■'. ^""^''^'^ "°^' but liis Lordfhip vvoud re-
• About .hi t'"*^,!-^"', "'^'"'"g '^''''' =>^ ^''^ ^^'^^^'^
About thi. Time alfo. Letters came from E„?/a„J relatino. fi.
yere Courfes againft the i?.«<,« C<,./..//„, and hi! Sllencv muS,"
cooled in the Friers Bufinefs. and began 'to declare that he wou'^
• not
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Sir D\Jt> LEY NORTH. 107
not put their Article into the Capitulations ; but he would endeavour
to procure them another HatteJJjerifm their Favour. At this the
Friers were much troubled, and preffed all they could to have it
in the Capitulations, offering more Money j but, not being heard,
were contented, it fliould be as his Excellency pleafed.
< His Excellencv, during the Feafts, fent frequent Prefents of
Wine o^Cbriftendom.^c. to the Kaia, and ioUf.ne y/^r^, the great
Cuftomer of Conftajitinople ; unto whom alio his Lordfhip very
much defired to give a Treat at his Houfe, and often fent to m-
vite him. But he never came, tho' he many Times promifed it;
and always, when he faw the Dragomen, either at the Kaias.or
elfewhere, he fpoke mod kindly to them, lliluting the Embaffa-
dor &c. And once, the Dragomc7i pafling by, he called them
up 'and told them, that all the Demands, his Excellency had made,
were aranted, and that henceforward, the King of England (hould
be called PadiJJ:a. as well as the French King: But withal won-
dered that they fl-ionld think fuch Grants were to be obtained for
nothing, and told them, Money was expeded ; whereiipon the
Dragomen went to the Reis, and acquainted him therewith, who
alfo confirmed the fame to them, and farther faid, he underftood
the fame from the Kaia. The Dragomen coming with this News
to his Excellencv, he rejoiced at it, taking it as a lure Argument
of the Succefs of ^ his Bufinefs, and next Day he fent the Dragomen
to the Kaia, and promifed him one thoufand Chequines for the
Vizier, one thoufand Dollars for himfelf, and the like for the i?f/J.
« In this Pofture the Bufinefs flood during the Feafls. Until thofe
were over, there was no Hopes, either of Audience, or knowing
any greater Certainty of our Bufinefs. However the Dragomen of^
ten went to the Kaia, and Reis, and always brought from them
News, that all was granted, and that, when the Fcafts were over,
his Lordlhip fhould have his Audience, and be dilpatched. The
Feafts ended, and Applications were made for Difpatch, and it
was promifed to be fuddcnly; but put off for fome Weeks, till the
Day of Pay* was come. During all which Time, Solicitations be-
ino; alfo made concerning the Bufinefs, it was again reported, that
fome of the Articles muff be (hewed to the reftardar-, which much
difpleafed his Excellency, k^nn'^Ufwe Jga might have done fome-
what prejudicial to the Cloth Article: Whereupon it was thought
Q-ood (Uftne Aga never having come to his Lord(hip) that his Lord-
Blip (hould make him a Vifit, to fee whether or not any Oppoli-
• I think. Sir Paul Rycaut takes Notice, that the Turks pay their OSicers their Salaries in rhc
Pvefcnccof omc foreigi EmSaiTador 3 t. the Intent that other Natums may be \VmKflc. ot he
;;eat Riches of theTL,7, E.t.plre, wh.n they fiull fee four or hvc hundrcU thoufand Doa.rs
Spon the Tabic. This is what is meant here by the Pay Day.
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P 2
tion
i!%
ic8 Tbe LIFE of the Hcnourahk
« tion was to be feared from him ; and, for the better Colour, his Ex-
* cellency pretented to difcourfe him upon fome Difputes about the
* Cuftom of Silk. After they had talked fome time together, Vfine
' jiga told the Emballlidor, that he had to acquaint him as a Friend,
* of a Bufinefs, which was by Grant of the Grand Signor, and that
* was concerning the new Cuftom-houfe at Smyrna, where all Ships
* were now oidercd to come and unload, as at Conjiajitinopk ; the
* which, he told his Excellency, it was in vain for the Fratih to op-
« pofe, focounlelled him not to llir in it. Whereunto his Lordfliip
* replied very little, only that he had not yet any Cognifance of the
* Cafe, but Ihould carry himfclf therein with all Juftice and Mode-
' ration; and fo they parted with great Profeffions of mutual Kind-
* nefs.
* His Excellency, for better Countenance to the Dragomen in
* their Complaint of Delaying his Audience, wrote a Letter to the
' Kaia, preffing Expedition, and defiring to know if there was
' any Stop in his Bufuiefs, and where it lay, declaring himfelf ready
* to argue any Point before the Vizier, with any one that rhould op-
* pofe it; defiring alfo his Counfel how he fliould behave himfelf
^ and whether he would advife him to make any Applications di-
* redly to the Vizier, or no; whereto the Kaia anfwered with all
* Kindnefs polTible, that his Excellency (hould not trouble himfelf,
• * but that all was well, and granted ; and that as foon as the Teftarl
' dar could get Money ready for the Pay, my Lord fliould have his
* Audience and Dilpatch.
' Pay-day came, and my Lord received his Audience with the
' ufual Formalities ; then new Applications were made to the Kaia^
' for Difpatch ; and inftead of finding all Things complete and done, it
' appeared that they had then only begun to read over the Articles
' and to confult what was fit to be done. This was moft evident]
' in Regard the Paper, which his Excellency gave in with the Articles
* at firfl, could not be found for fome Time. The Kaia and Reii
' putting the having thereof on one another; and, at laft, after
' much Search, it was found in the Hands of a Page of the Vizier's
' And, as for the Word Padifia, my Lord was told pofitively, that
' the Grand Signor would not confcnt that it Hiould be put in
' After fome Time, the Articles were brought to my Lord, as they
' were drawn up by the Reis, in Phrafe fit for the Capitulati-
^ons, which was with great Joy read over to his Excellency • but
' being (hewed to the Vizier, he caufed them to be wrote over a-ain
* in two Papers, the one of which contained fuch Articles, asliid
* any Relation to the Revenue, as the Cultom of Cloth, Silk &c
' the which the Vizier caufed to be fent to the Tejtardar BaHia, to'
' have his Opinion, whether it contained any Thing prejudicial to
* the
j'/V D U D L E Y NORTH.
the public Treafure; but the others he gave with his Be^cnrdlfh
or Order) that they (hould be wrote in the Capitulations. Here-
upon ik.^ Dragomen applied to the T:eftardar, and had many Con-
Sees with him. He demanded for what Reafon they delired
hefe Articles, and why the Capitulations might not pafs as they
h d done hilherto. Whereto was replied, that it was that we
n.itht be at a Certainty, and not to fall every Day inDifpur. with
Xrant and impertinent Cuftomers. To that he, fmil in g anfwered
hat was not the Reafon; our Intent was, to bring a finer Cloth
than we did formerly, and to pay no more Cuftom than for coarle
However he promifed to pafs it. He had fome Difcourfe alfo
about the Uatteperifoi Aleppo, why it could not remain as it
had done many Yeari and that now it muft needs be put into
Vhe Capitulations. However he refted fatisfied, and faid all fhould
oafs • but vet we had great Doubts and Fears ; and the Bufinefs not
being done, my Lord, the next Day, made another Vi fit to the
Kaia wherein his Excellency argued the Cloth Bufinefs, and
pave in to the Kaia a Lift of the extraordinary Cuftom we paid
on many other Goods ; to all which the Kara anfwered that his
Tordftiip need not doubt but the ^eftardar would pafs all, and
the Bufinefs ftiould fuddenly be done. ^.r c v\ v-
c At this Audience, his Lordftiip had fome Difcourfe likewife
about the Word Fadijka, to which the Rata anfwered, that it
was iuft and reafonable, and that he would move the Vizier again
about it Alfo his Excellency moved the Kaia m the Bufinefs of
the Friers of yenifalem, to which the Rata feemed eafy, and
defired an Arze, or Petition, to move the Vizier thereon, which
his Excellency, having ready, gave him, and he promifed to deliver
it to the Vizier Azcm, and move him on their Behalt.
* Few Days after, the Articles being come to the Reis, and he
having begun to ingrofs the Capitulations, the Kaia minded the
Dragomen o^ the Money they had promifed, bidding them get it
ready; which was accordingly done, and, by his Excellency s Or-
der a Day was appointed for the Payment thereof And becaufe
Xh^reftardar had fo civilly paflbd the Articles, a Prefent was or-
dcred by his Excellency for him, which the Dragomen ^ud Trea-
furergoincr to deliver, they met the News of his being difplaced (for
he was made Baflia of Grand Cairo) fo they returned and
faved that Prefent. The appointed Day for the Payment of the
Money being come, the Treafurer, and Dragomen went with the
fame, and finding the Kaia in the Vizier's Houfe he told them
it was very well,^ut he would not meddle therewith before he hid
fooke with the Baftia. Thence they went to the Reis hpndi,
^ < who
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fie L I F E of the Homt4rable
who willingly took the Money, brought for him, and. fliewing the
Arfcks which were then drawn up fair, all was as expeded, only
the Article concerning turning Turk ; and there, whereas t was
faid the Proof (hould be put upon the Treafurer's Books and bTiK
of Lading that was quite taken out, and theThing left without any
Proof at all, but as the Law of the Country flood ^
.' '^^'1^;%'"''" going to the Kala for an Anfvver to the ^rze
in Behalf of the Friers of yeru/./a„, the Kaia told thenl his
Excellency would do well to leave all Thoughts of that Matter ; for
the Vizier would not hear of it; but, as a Bufinefs done b; the
Giand Signor. it muft remain as it is. And. for the Capitulations
they went on and the Dragomen daily brought an Account of the
Progrefs; as their being wrote, figned by the Reis. the Tura/,, or
royal Firm fet. Qf,. a^j remaining in the Hands of the Vi;ier
who waited an Opportunity to prefent them to the Grand Signor
« The Dragomen going daily to the Ka/a, to prefs Expedition
the Vizier s Pleafure. concerning the Money promiied, received for
f^nT'K f ^\^'u ^^°^' ''"^ '^' Vizi'erShereof and that he
feid he had not hitherto taken any Thing of any Embaffador, and
would not now; but what he had done was for Right and Juftice
Whereupon it plainly appeared, that, notwithfland.ng the Kai a
in he Beginning, had preffed for Money, yet the Vizier knew nothing
ot It; nor did he expeft, but what was done would have been with!
out any Mention of ,t; and all was a Stratagem of the Kaia and
Ras to get Money for themfelves.
t^J^" ■^''"^v"'!" I'^^t'^ 'IS'''" ''^°"* the Word PadiM to which
the Ka,a rephed, that he had endeavoured all that was pofliWe
but without Effea ; not having been able to obtain it. tho' he n
Oppofition to the WA. defired it fo much, that he would ^iU
Imgly fpend five Purfes (or two thoufand five hundred Dollars') of his
own Money that we might have it. Thefe Anfwers his Excdkncy
received with great Joy, and immediately ordered the Treafurer and
Dragomen to carry him his Money the next Day; and, feein.'he
Vizier had, with fo much GentilitV, refufed the Money the 1'.!
gomen vfCK ordered to tell the Kaia, that his Lordfh p had the
fame Books of ^//.. which the Z?«/.A had formerly pKed to
the Grand Signor, which, if he thought they would be acceptable he
Velts of Cloth, at his Audience, when he (hould receive the Ca-
pitulations from his Hand. To which the Kaia anfwered that he
would acquaint the Vizier, and know his Pleafure concerning the
• Books ;
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y
i';^ DUDLEY NORTH.
Books } but, for his Part of the Money, they might bring it; which
was accordingly done the next Day, betimes in the Morning, to his
own Houfe, where, after the Treafurer and Dragomen had fome
Time attended his coming out, they underftood that he had taken
Horfe at the Women's Apartment ; which when the Dragomen were
apprifcd of, they ran to him, and told him, that they had brought
the Money, which he bad them deliver to his Treafurer, or
chief Page; but when the Kaia was gone, the //^j^^r abfolutely
refufed to meddle with it, without immediate Order from the
Kaia, faying he had many Times received Blame in fuch Cafes, the
Money paid him having proved lefs than it ought to have been. So
the Dragomen went to the Vizier*s Houfe, and fpoke with him
thereof, when he wrote two Words on a Scrap of Paper, which
being brought to the Hajhadar, he made no farther Scruple, but
took the Money, in a Manner as if it had been Payment of a due
Debt, bending and trying the Pieces of Gold, and telling it twice
over.
* The Drago?jien flill continue their Solicitations for Difpatch,
but without Effcd; all Anfwers being ftill dilatory, that the Vizier
could not be fpoke with, and other Put-offs. His Excellency fell
into an extreme PafTion againft the Dragomen, accufmg and blam-
ing them, and vowing that if in two Days Time he had not a po-
fitive Anfwer when his Bufinefs fliould be done, or where it fluck,
that he would make new Applications to the Vizier by Means of
Mauro Cordato, a Greek Dragoman to the Grand Signor*s Divan^
or go in Perfon himfelf, to the Kaia without them. This fpirited
the Dragomen to prefs all that they could poiTibly, acquainting
their Friends of their Condition, and, about three Days after, they
bring Word to his Lordlhip, that, on Friday following, his Excel-
lency (hould have Audience of the Vizier, and receive from his
Hands the new Capitulations, and Letters to the King of England y
which appeafed all, and the Treafurer, in Confideration of the Mo-
nies being refufed, was ordered to prepare an handfonie Prefent to
be given to the Vizier at that Time.
* Things ftanding thus, juft on the Conclufion, there arrives an
Exprefs from Smyrna to his Excellency, with Letters from the
Conful, figned by the whole Nation there, praying his Excellency
to proted them in their ancient Rights and Privileges, againft the
Innovations of Vfine Jga chief Cuftomer of Conftanttnopky who
pretended to make them land and fliip off all their Goods at the
Scale of the new Cuftom-houfe, and no more at their own Houfes,
as they had done formerly; but his Excellency did not, in this Con-
* juncture
III
112
The LIFE of the Honourable
• jundlure, think fit fo much as to take Notice of his Receipt of fuch
* a Complaint. ^ "^"
^ Friday now drawing near, Signor ^;;/.;./, p„w, the fecond
Dragoman the very Day before, went to the Kaia to fee if the
Audience held for the next Day, as had been appointed ; and. dif!
courfing the Kaia, he found the Appointment flood good but
that there was not any Hattcf.erif (or Grand Signor's Handwrit-
ng) upon the Capitulations, as we aUvays ufcd to have; the Kaia
aymg ,\.^VcneUans and French not having any, there was no
need thereof. Whereunto the Dragoman replied, that, we liavin^
had one to our former Capitulations, he knew well his ExceU
lency vvould be infimtely difpleafed, not to have it now; but
all the Anfwer he could have, was that it could not be. There
upon without coming to my Lord, he went immediately to the
Rets EJendt urging the fame to him ; who alfo faid, that the
Vizier had declared, there fhould be none, nor would he alter-
< re"fuf?r ?^P^^^J^^f '^ r^'^ '^'^ ^^^»^^ ^S^^*"> he abfolutei;
c p!r w- ' ^^^'J' ^' ^"'^ '^^ ^''^'^' '^ b^ ^ Man firm to his
Kefolutions, and not to be moved. Yet Signor Antonio, knowing
< nrefTpH f ^"r"'^ ""^ u'' ^^'''''^ ^^'"^"^^ ^S'^^" '^ '^' ^^^^^ and
prelied him fo far, that he procured him to write to the Vizier's
Muhurdar (or privy Seal-keeper) a favourite Page, to move the
Vizier in it, from whom alfo, after fome Time? Anfwer came
that he neither durft nor would move the Grand Signor in it. On
<&.?^"i?'i'''''''' ''" T^ ^^^^^*^ '^^ °^^ Capitulations, which
;had the Hand. writing of this prefent Grand Signor upon it and
Thin?? '''^:? \ ''"^' ''''''^ ^"^ -^^^ - uLeaionaWe
Thing It was that the new Capitulations (hould want the Force
the old ones had; for how could it be faid, that a lefTer Au-
thority could enforce a greater? After all which, the Kaia was
prevailed upon to write himfelf a Memorial to the Vizier which
he fent by him together with the old Capitulations; and not long
after received an Anfwer in Writing. Whereupon he called thf
^^^go^^en and told them that the Bufinefs was done, and that he
; fhould falute the EmbafTador, and tell him that he hoped to get
' FmhS 'a ' r P'r r '"' ^'>^^"S that he might fay three to The
Eriibafrador, but he doubted not but in two to have it done.
c uJa ^'^"^^^»°"' when thus paffed, was related to the Em-
' L.I bnV ^?V^'' <^xtremely angry, not only with the Drago^
^ him with this Difficulty, and now, after he was come fo a Pe-
riod, and the Audience fet for the very next Day, to be put off
without
^i/^ D U D L E Y N O R T H. 115
without having any Time fixed, was grievous to that Degree,
that his Lordfhip was very forry it was infifted on, but rather
would have been content without it, thinking it enough that the
French and Italians had it not. But it muft ne^s have refleded
much on his Excellency*s Proceeding, to hav?^ come fhort of
that his Predeceflbrs had obtained, and whereof we had fwag-
gered and gloried fo much.
* The Dragomen are at their old Trade of foliciting for Difpatch,
and many Days pafs; fometimes they find the Kaia argue againft
the Necefiity of having it, but yet he told them it fliould be done,^
and that, in Order to it, the Capitulations are in the Hands of
the Vizier's Muhurdar, to be prefented to the Grand Signor, with
feveral other Writings, as foon as Talkifh, or Signing-time, fliould
be made to the Grand Signor. Whereupon his Excellency or-
dered a Prefent of four Vefts to be made to the Muhurdar, to
make him mindful thereof; and the old Capitulations being alfo
taken to (hew the Grand Signor at his Signing, to demonftrate
the Precedent; not long after. News was brought that the Grand
Signor had figned them, and that his Excellency fliould be rea-
dy to come to Audience of the Vizier when he fhould be called •
to receive them, which was accordingly done, not many Days
after; and Wednefday, the eighth of September, at three in the
Afternoon, appointed. When his Excellency, going a little too
foon, waited in the Kaia'% Apartment till Prayers were over;
and, being called to the Audience of the Vizier, he received
from his Hands the Capitulations, with the Grand Signor's own
Letters to the King of England. This being performed, Pre-
fents given and received, my Lord returned with great Joy.
« Thus ended our tedious Attendance at Adrianople, which lafled
near five Months in the hotteft Seafon of the Year ; the Town
crowded by Means of the Feafi:s, and the Plague raging excef-
fively, and though his Lordfhip lived in the Fields and Tents,
yet, at laft, it was got into his Family, and fome died, which
• made our Remove to be as hafty as was poflible to make it*.*
I fhall here infert fome few Memoirs, which will not f^^l ^J^^^^jJ;^,^^^
apter in any other Place. And firft, that after our Merchant ^^']"f
had been at the Head of fuch great Managements at Conjlantinople,
and underftood the Turkip Oeconomy fo well as he did, he was
* In the original MS. I found the Itdmn Letter inferted here; but, thinking it would lefs
break the Connexion of the Story, I have put it by itfelf at the End of the Book.
not
'■•i m
■i<.
m
m\
Iff
%
w*
I' r
It !^ L I
114
Notes about
EmbaflTadors
at Confianti-
no^le.
w
i^
m
The LIFE of the Homurahle
not without Thoughts of making an Englifi Intereft to have the
Authority of Embaflador there, in the Room of Sir Jolm Finch •
It was known, that his Excellency was to be recalled, and another fen't
out, which proved to be the Lord Chandois. But in the Interim
our Merchant wrote to his bed Friend (not to the Company, or to
^ny Ttirky Merchant whatever) to kt him know that fuch a 'Thins
was pradlicable, and, if it might with Intereft be obtained, he did
not doubt but to do the Nation better Service than any before had
ever done But his Brother Mr. Mountagu North enlarged, and
was exceedingly far gone with the Projedti he raifcd many Obieai-
ons and then anfwered them ; as for Inftance, That one known to
Iiave been a Merchant might be defpifed^ to which he anfwered, that
the 7//r.^j have no Regard to Quality, but that of the Commiflion •
with much more to the fame Intent: But the only Effed it had
with us, was to fliew, that they knew as little o^ London, and Intereft
at Court here, as we did of Conftantinople and the Turkijh Court
there. But this Defign never took Wind, nor was known to any one
upon the Exchange. '
The Turh have a facred Regard to EmbafTadors, and will punifti
fevere.y Affronts done to any of them ; but they neither have any
Notion of, nor will they be made to underftand the Difference between
an Envoy Refident, and Embaffador; and the Z)«/^^ Refident there
hath the fame Refped as any Embaffador ; and when Matters of Pre-
cedency or the like, occafion that Difference to be fpoke of to
them, U hat, fay they, has he not a Commifflon ? have you more ?
and u not all the rejl nothing ? The Spaniardi neither have, nor ever
had an Embaffador at the Port; which perhaps may be derived
from their hatred to all Mahometans, for the Sake of the Moors-
and the Grand Signor pretends to a large Territory in Africa, and
is owned, tho^ little obeyed there. Several petit Monarchies fendEm-
baffadors occafionally, and they are entertained as fuch, tho' their
Bufmefs be little elfe, but felling of Slaves. A Mingrelian Embaf-
lador came to Conjlantimple while our Merchant was there ; he had
a great Retinue of above two hundred ; but fold them all one after
another, and his Secretary laft; after which, his Embaffy was at an
t^nd and he returned home. The Grand Vizier, with whom Em-
bafiadors ordinarily treat, carries himfelf very ftately with them, and
will not bear an Affront to himfelf, or Government; and how-
ever he provokes, it is not fafe to make a Return, or any invidious
Companfons; fo careful a Thing is it to comport in his Pre-
When
^ir DUDLEY NORTH.
"T
When our Merchant went firft up to C^^A«//«^//^, the Lord Ti^^^
Winchelfea was our Embaffador there. He was a jolly Lord, and ^j^^ ^^^^^^
extremely favoured by the good Vizier Cuperli, who advifed him
often to live after his Way ; that is, as a Man of Pleafure, mer-
rily • and not trouble himfelf with Bufinefs, which, upon Application
bv his Dragomen, Oiould be done to his Hand; and having a goodly
l4fon and Muftachios, with a World of Talk, and that all (as his
Way was) of mighty Wonders, the Vizier delighted in his Company.
In this Time, one ^ohn, a ^aker, went on a fort of Pilgrimage to
Confiantinople, for converting the Great Turk ; and the firft Scene
of his Adion was ftanding up in a Corner of a Street, and preaching
to the People. They ftared at him, and concluding him out of his
Wits he was taken and carried to the Mad-houfe; there he lay fix
Months. At laft, fome of the Keepers heard him fpeak the Word
Fn^liPo and told it fo as it came to the Embaffador's Ear, that he
had a Subied in the Mad-houfe; his LordOiip fent and had him to »
his Houfe. The Fellow ftood before the Embaffador with a ragged
dirty Hat' on, and would not put it off, tho* he was fo charged ^
and admoniftied; thereupon the Embaffador ordered him down, and >
had him drub'd upon the Feet, after the Turkijh Manner; then he
was any Thing, and would do any Thing; and afterwards did own ,
that that Drubbing had a great Effedt upon his Spirit ; upon fearch-
ing him there was found in his Pouch, among a few Beans, a Let-
ter to the Grand Signor, very long, and canting; but the Subftance
was to let him know, that he was the Scourge in God s Hand, with
which he chaftifed the wicked Chri/iians; and now their Wickednefs
was fo great, that God by the Spirit had fent him, to let hini know,
that he muft come forthwith to fcourge them. He was fent for
En;rland, but got off by the Way, and came up a fecond Time to
Confiantinople-, from whence he was more furely conveyed; and
fome, th2ii knew John, told S\v Dudley North they had fee n him on
the Exchange, where he recognifed the admirable Virtue of Turkifi
Havina attended our Merchant from his Cradle, through all his His Heigh;
Voyages Imd Adventures, to the Height of his Profperity in Turky, "^^ n-
which I plant upon hisCondudt of this great Affair of the Audience ;
I now find myfelf in as much Hafte to bring him back to a better
Settlement in England, as he was defirous to compafs that agreeable
Remove. But in Regard that, after his Return to Conjianttnople,
he fpent diverfe Years in Order to bring it about; in which Time he
very much increaled his Fortunes ; and diverfe Incidents, of no fmall
Confequence, happened to him; and his Converfation here hath fur-
^ ^ ^^ Q2 nifliea
>i^H
■,-ti
'^'f**-
The Viziers
changed tor
chc vvorfcr.
I. ''•I
f;. ^L
■i1
ft'"'
1 1 6 The LIFE of the Honour ahle
nifhed us with many Remarks, and fome Pleafantries, about his Af-
fairs, and about the Temper of the Turkijh Nation, I have thought
fit, before I bring him home, to infert here what remains to be re-
lated of Turki/h Matters.
Chiefly con- ^t ^^s not without a native Sagacity, adapted to the Occafion,
cernod'at the and alfo a long Series of Attention to the Way of DeaHng, Language*
Audience. ^^^ Converfition with the Turks, and others upon the Placed that
he acquired thofe great AbiHties he had in managing whatever he
undertook ; and particularly this Expedition ; which, confidering
the Italick Caution of the EmbalTador, andSelhflinefs of the Knight,
lay almoft wholly upon his Shoulders: And more efpecially the
gaining the Point of the Hatte/heriJ] which was of more Moment
than ail the reft, or than the Embaftador forefaw. And it appears
how he managed and drove on th^ Dragomen-, and, difapproving
fome of the EmbafTador's Purpofes, diverted them : All the while be-
having himfelf with entire SubmilTion to his Lordfhipj and neither
in the Adion, nor in the Relation (fuch was the Decorum of his
Modefty) appropriates any Value to himfelf.
In this Time the Cafe had been furioufly changed upon the Mer-
chants, from mild and juft Viziers, as were the two Cuperlts, Fa-
ther and Son, to the moft ravenous and unjuft Government of Cara
Muftapha, By this, the Merchants were tied up to their Affairs,
and had not Liberty to expatiate in Frolicks, and Adventures, as they
had done formerly. They needed not to give Handles againft them-
felves, the Vizier was ready enough to take them; and for Fail (ra-
ther than not eat their Money) make them. I have heard the Mer-
chant fay, that the Turks do not bear that which we call Curiofity ;
and are apt to beat a Man that pretends to it. They look upon
thofe Idleneffes and Impertinencies (as at beft they account them)
with a finifter Eye; and always fufpedt Mifchief at the Bottom,
though they do not difcern it. But when the Vizier (hewed no
Inclination toopprefs xhtChriftians, they, depending on his good Hu-
mour, launched farther in Curiofity; as will appear by what follows.
Our Merchant had then refiding with him a Virtuofo, who was
ci'^^o^f cl« ^'^ ^ good Mathematician and Draughtfman; and they together con-
/J^LV"" ^^^^^^ ^ Defign of making an exadt Plan of the City of Conjlanti-
nople, and carried it on till it came very near being completed.
They took the Liberty of meafuring in the Street a Diftance be-
tween two Stations, which were two of their Mofque Towers, from
which their Priefts cry to Prayers; and, with a Theodolite, they took
certain Angles at the Corners of Streets. And, in Order to find the
Pofition and Diftances of all the Towers and remarkable Places, they
went
Sir DUDLEY NORTH.
117
Made a Topo-
-.nt UD the two Towers which they had chofe, and made their Sta-
S- fnd theTe. with the fame Inftrument. marked the Angles of
each View by the Bearings of every one of thofe Places, and fet off
the fame upon a large Paper, by Lines-, and then the proper Inter-
feaionTgave the trueW.L of them all, in juft P-port.on, accord-
nt as thePradtice of fuch Method .s ^"'"•^°">y '^"'5? Jl^ce of
h?n thev fell to mapping the Streets, partly, by the Gu dance ot
horViLs.and. Af^y other Obfervations. But th.s Work
king a little ne^lcfted, it hath fo happened, that as well Je Pr°of
Srs as the Map itfelf, were all taken away; and the Merclun
bath much lamented the Lofs, but never could recover them And
itve heard fince that the c..ef of them are ^^'^^^
Sar p'eX s fi.^'e ?he'^k?2f S ^anUnople by the
Srr to his very Day, there hath not been a Conjunaure m wh.cli
Unbelievers or Go^cr h^ they call them) might pubhckly execu e
S a DefiJ^> as this was /efpecially trenching upon the holy
pTaces t£ M^ofque Towers, whicf to the ^Turks - - AW.na^^
and perhaps, until they .are driven out (which God fend) there ^^x\\
"°Our'Merdl"was a Builder himfelf- and ^^^^^^^^
looked more ftriaiy into the Manner of the Turkf Buildings than
he had done. But he could not give Sir ChriftopherWren Sat.sfac-
Son about c;vering their Vaults with Lead. For, when he had the
Covering of he great Dome of St. Paul'. '^^ ^^^^^f°^^ ,\Zl
nlelfed fo enquire of that Matter. The Merchant informed h.m fo
far as to aSe him, the ^Turks never laid Lead upon Wood, but
up^n Loaro-- n.^^ Clay only: But how they fattened it he could
not ten 1 ir Chriftophcr 4as not fatisfied, that the Lead would hang
upon Loam, and no( flip, without fome Faftening .wherein ay the
whole Difficulty : For if it was done with Iron Na Is, o' ^P"^es,
S iron would'ruft. and lofe its Hold. It :s "ot impoffible bu
Lead, dreffed home upon Loam, may hang by a Sort °f Union, as
the VVeight and Friaion together might make. BiU, as I faid the
Architel would fcarce venture what was not abfolutely fecure m
a Place fo expofed ; and caufed the Shell to be boarded and Plates
of Lead to be^et in, and nailed to the Board, and the Sheets to be
flit le opened, and then foldered to thofe Plates; and fo it hangs.
Our Mefchan told us. that the ordinary Covering of Portico s
Sere ha f fweep Vaults, which flood like Mole-h.lls in a Row ; and
Tat all public Buildings whatever were covered with Vaults, and
eaded upon Loam. And' that Lead lafted two thoufandlj ears; whea
upon Wood it would be corrupted into white Lead alf the Time.
1
«A«^,,
ii8
rioufes bul'.t
with Wood.
m
Brick HouH-s
and \'iJiagcs.
n>e LIFE of the Honour ahle
It is hard to fay, why our PIumBers (hould not. for fo great an Ad
vantage, make the Experiment of Houfe-Icad upon Loam. The
Merchant told us. that the very Metal of Lead, that had hungfo
anciently upon Loam, was worth much more Money than new
Lead bD much was it purified by the Weather, and no white Lead
ever found under ,t ; as upon Oak. xvhich eats the Sheets of Lead to
laper ma few "i ears; and what remains of the Metal is not fo much
improved. "iui.«
The Merchant told us. that the common Iloufing of the rurh
^nConftammople, was of Timber, which is brought down from the
Back Sea and conies from Georgia, Mingrelia, &c. in vaft Floats
Upon which Floats the Men travel, and, tt help forward put up a
httle Maft and Sail; and that the Float mighf keep itfelf in T,e
1 ode, and not fink in one Place more than another, they takeGoat-
k.ns (tight as for Wine) which muft not exhale; ^nd thefe, blovv„
fi"nk '".n^f "k ' '?!• P"' "'"'"^ "'" ^°^""^ '^•'" appear moft to
link i and fo, by making it more buoyant there, keep the Float al-
ways level. The Builders buy thefe Trees for their Scantlin-^s and
never fp^it a Tree for Houfe-work ; every Piece, put in b?L an
whole Tree, and thofe only adzed, fo as to lie clofef and hen rSade
aft not with Pins of Wood, or by mortifing by Tenons, but w th
Iron Spikes only. And this makes Fires, to which this Wooden
SMll T^TT' ^'^'f^ ^^ceedingly ; for thefe Houfes cannot
tall till the Material is confumed to AOies; but hang together like
Bird-cages The Force of Men, with Hooks and Crowes cannot
readily bring them under. At Fires (by the Way) Men are no
permuted to help even at their own Houfo; but all he People ftha
croud about fo much with u, for Mifchief rather than for h1
St7eef"If'\ t\ "",' ""^^T ^l]'* ^'''^'•''"' '^^' Poffeffion ofT
Street of which they clofe and fecure both Ends. This fort of
Building retrenches the Number of Tools; and a Carpen r i^cSf
Rev'erft"' a s" '^"'^V" f "'l''^''' j"" ^'^^ ""'' '' HaiSmS o S
Reverfe. a Saw and a Level. The Saw works by drawin- to
and not by thrufting from; and fo the Teeth are filed coSv to
ours. The Level performs all ordinary Diftances at one OpTra
.on; It ,s on y a Triangle, with two Hooks and a Plummet anE
to the middle of a Cord ftrained from one Place toTnotlef
are if 'm ""'c, '^^°, ^T^'' ^"''^ ^"^ Brick laid in Loam ; b t ihey
are moftly Sun-dned. They become hard as Stones; but if S
comes upon them, they decay very faft. Kiln, or Fire-dried' Brick
laid in Lime, make a fure Wall, and are ufeJ in the beft Houfes*
and Vaults But the Turks are fo far from affcdting fine Houfo
that they ftr.ve to make them look humble and poof; which°s to
avoid
Sir DUDLEY NORTH. up
■n-oid Envv, and the Injuries that ordinarib'. in thefe Places attend
t If a Man (hould build a fine Houfe of ftrong Material, others
will fav. m>at? do you intend to live for ever? If it be pompous
It will' be concluded they have cheated the Government though
with lefs Reafon perhaps than if the like were inferred in England
Ipatn, or France. But. within Doors, a wealthy Man ventures to
adorn richlv, as their Cielings, &c. with a variegated Colouring,
not Imager;, but wild, as there being
nothing of that Kind ftanding but Mofques f ^ C«»« (or Inns) \Vorks
of Religion and Charity. But the Ruins of very ancient Struftures
; e obfervable every where; as Pieces of old Walls, and Ardies^
which may have lain open to the Sun and Weather above fifteen
hundred Years ; and the Brick and Mortar as hard as Stone itlelf.
'"Over-al'nft' our Merchant's Houfe in P... oppofite to C.«g;. a o... or
tinople, there was a fmall Convent of (literally) Mendicant ¥nas. ^„,,,,aaSc-
They were reduced to three only that lived there; and defp.cabj ^^^VJ^j'""
Fellows they were. They lived in a perpetual Contention ; mid, cxc.J.a.
for the moft Part, concluded the Work of the Day in Fighting. The
main Strefs lay between two that were ftrong and lufty. The tUirrt
was a poor old Man, that got him to Bed before the lafl Ad; and
fo he efcap'd the Scowering. The others were afked how he came to
retire in good Time, and not they. The Anfwer v,as That he -was a
wry old Man, and. with his Pittance of PTine, got drunk Jc^ner than
they could do, and fo muft needs go to his Cell to Jleep. The Mer-
chants of this Faftory ufed to be very kind (charitable it was «lled)
to this Convent; and the Friers were often admitted into the Houfe
and to eat and drink there, and to carry Pots of Wme and Meat
home with them, and now and then a little Money. But it hap-
pened in our Merchant's Time, that one of thefe I riers. being m
{he Houfe, overheard a Difcourfe, concerning the French Embafia-
dor which had like to have made a great Splutter ; and it was found
out' that the Dilcovery was made by this Frier. From that Time
they were fhut out from all Entrance there.
**4«.J
120
lifted ro be
71. e LI F F. of the Homurahle
xcrtorcd. bat ,,,7i' ^""' ^"^ ex-ceedingly troubled for this Lofs, and ufed all
„,,f,j. the Means they could to retrieve it, by getting a Pardon, and Re
adni.ffion ; but in va„i. O.ice one of them ventured to the Door of
the Countmg-houfe, and there ftood while the Merchants were writ
ing and beggd a Pot of Wine. No. nothing; he muft begone
At laft he condefcended to accept of a poor ^/per. Our Merchant's
Brother afked, ,t .t were not better for an jLr to get rid of him
A. laid our Merchant, here is a Trial of Ski!!, Mer t!:is Feh^;
0, I bave moll Impudence. If he gets the better, I am his S!a-fe
If t once comes to tijat, I /I:ou!d be forry any Man Uvins; P'oul'd
ou brazen me or that his Impudence Uu command my EaS
After th.s, they were never troubled with any of them about the
t^Z '17 "'°''' "i"/ ''^' ^^°'^^" ^'^' '^^y I'^'J ^^^' ''<^nt over to
them. It was our Merchant's conftant Way. as unrealonable Peop'c
rout them. But, to civil People, none more humane, oblicine and
good natured than he was. and very loth to refufe any Sifica
tion he coud afford to others, until Jrovoked by being urged n an"
b^Wholir^^ ^"' '"" ''^ ^^'"'^^ "■"« powder^,g lom him
' ft 'w^s r ^ 'wtrL°L'!'.l|-'^ ^-"-- . 0-. and not the
His good Na-
young
N ,
li
'to
,',l.'
turetothe u,/i .. •' V.;,'"""," "" "" 6""" iNature. une, and not the
Fa^orJeaft, was this When he refided at ConjlantinopleUnA was the
princip..! Merchant, and Treafurer there, he had a ways a ender
»T !rff P"''"S °^ ^^""^ C'ty -• Which was a Practice altoL
her different from the Pradice of the elder Merchants; for tlfe^
too often banter young Men, tie up their Heads (as they calHO S
make Advantage to themfelves by their Want of Skill aL Dex teritv
in Bufinefs, and then make Sport with them. He knew thefe Wayf
vounl' ; ""^^T f'^^ "'^ '" ^"fl"^"« °f 'h--" when he^t^as
young; fo, in his advanced Port, he was fo far from impofin-uron
the young Men that he encouraged, inftruded, advifed, a^nd ""n the°r
eipecially the Inability of Youth to ftand among Sharpers- and that
uft'iceTraffiftl' '^ r"!"; ^"1 '''^^^f"- i' was '^but' common
whch mi^S K r=, ^"^"'' '■"'^"'' ^"'""^ °f the Confequence.
which might be fatal to them ; for if the Principals found thei;
SSr ^'"TP'u"'' '•^"y ^^^^ f°^ «^«^ "'ined. And fomet mes
^f .Ifj' n " ^^'^ expoftulated with him, faying. Why J you
«is Ani wer was, Pugb ! what need you concern yourfcin There is
Sl^^no ir' """' '^""^ 'n,nLurBufine}s: i/.o ^^'eI
There
Sir DUDLEY NORTH.
Ill
There was another Inftance, wherein he fhewed a World of Ten- ^^1,^^^^°^^^^^
dernefs and good Nature. His Brother, that came over to him from ^i,^^^%^^
Aleppo, and was fettled in the Houfe, fell ill of the Plague. I faw ncovcrcd.
Letters from him, that gave the firfl Account of it; and I do not
know that I ever heard or read more fenfible Expreflions of Grief
than he ufed. It troubled him to the Heart, that he (hould be a
Means of bringing him to that City, and thereby be, though inno-
cently, a Caufe of his Death. He did not pafs his Time idly, but
(griefs apart) laid about him to provide all pofiible Means that could
be contrived, had, or procured for his Prefervation. He put him
into a good Place, and had four Plague-nurfes (for diverfe in that
City are {o profeft) the mod fkilful of the Jeius, Greeks, and Ar-^
menians, to attend him. He lay four Days, in the Rage of the Fever,
without any Crifis or fenhble Sleep, and without any Phyfic, or
any Thing elfe, coming between his Lips, except Lemons ; and of
thofe they gave him one after another continually, fo that he might
never be without one in his Hand to fuck. It feems that Acid is a
Specific againfl the Venom of the Plague; for, by the Price of Le-
mons in "that City, they can tell if the Plague rages or not : For,
if they are cheap, the City is lefs vifited ; and, if dear, theDifeafe
is more frequent. And, as thefcNurfes affirmed, which I am apt to
think is true, if he had taken any Cordials or Julaps whatfoever,
other than thefe Lemons, he had died.
During the uncertain State of his Brother's dangerous Sicknefs, the ^^'^"'7^"^"
Merchant, walking out to divert his Melancholy, faw a Fellow \^^^ " ^^ "
making a Grave, and went towards him to obferve his Working.
He had not looked upon him long before the Fellow turned and;
looking up at him, afked how the Hajhadars, or Treafurer*s Bro-
ther did; on whofe Account, it feems, he hoped to have another
like Employ. One may imagine, what an ofFenfive Shock this was
to the Merchant, and how it daffied all the Spirits he had within
him. It fent him home with a Refolution to come no more near
fuch ominous Fellows. But it pleafed God that his Brother recovered,
and, furviving him, had the Happinefs of an Opportunity to make
a grateful Return for all thefe Cares of him, as, after his Death, he
performed by his perpetual Superintendence of his Family and Re-
mains in England, It is not unfit to remember here, that this Mr.
Moimtagii North, having recovered of the Plague, for Want of
Advice, or Care to phyfic himfeif floutly after it, was not clear of
the Venom, but lived in a very ill State of ITealtli fomc Years after.
Perhaps, if his Sore, that appeared in his Arm, had broke, and fo
difcharged the malignant Humour, he had been better. But that had
been another Rilk for his Life ; for they fay there are two faal Crijcs,
R one
M4^.
Ill
Of rhe Jews
at ConJIami
1
^1
1%e LIFE of the Honour ahle
one of the Difeafe, and another of the Sore: For, if that breaks
there is imminent Danger the part Oiould gangrene, and never heal'
But U happened that, at Smyrna, this Gentleman, in his Return
tot England, was almoft laid up of a languid Indifpofition. But
at length in the Place where the Sore had been, which had difperfed
there arofc a fort of PuOi, like what Boys fometimes have. It had a
black Head and was fo angry, that looking upon it. almoft hurt it
This proceeded till it broke, and a black Core came out, as big as
a fmall Nutmeg; and then it healed. It is certain, that thefe fecret
Operations of Nature, ftriving againft all its Enemies, arc little Icfs
than Miracles ; and the moft learned can give a fatisfadory Reafon
former '" ""^ °^ celebrated Inftances, as eafily as for the
Our Merchant hath often difcourfed of the Jews at Conlianti-
. nople, what a Convenience thev were to them \n tht-Tr^r^r^/^: c
DwMandihtir.iA- n.r r j i/- /• , ' to iiiein in ine 1 ranlaCtion of
Wa,sofp,o. '^^"^ iiufinefs, and alfo of the wonderful Condition of their livine
cfrjing. there, with other Concerns of that obftinate People. They are verv
numerous and very poor. Some there may be accounted rich, if
the very hard Taxes, impofed and paid for maintaining the Poor
did not almoft reduce them to the fame Pafs. For at leaft one tenth
of heir Income goes of Courfe that Way ; and moreover their bec-
garly 7«., extort from them great Sums, which they demand ts
Charity faying Tou are bound to relieve the Poor. I am poor ; give
Zn. f c i^ ^ P^°^"b that Jews beg con Bafton in Mano,
that IS, imth a Suck tn their Hand: And in good Earneft the rich
Men are forced to comply, and part with a great deal upon fuch
)nA^A 'fP5'°",V ^l'^ >'*"^* P*°P'« "^"^ '^''ve an Oeconomy,
fl ? I °L'^'" ^^'"''"«' by governing (as they pretend) accord-
ing to the Mojaic Law. And they are allowed by the rurkijh In-
dulgence fo w do in all Points, but that of Death, the Power of
which they allow to no foreign Nation; but, in Cafes of Death,
they muft be judged by the rurkif:, and not by the Jemfi, or
any other Law in the World. This puts the Jews to a great St efs
when Offences by the Law of Mo/es, require D^eath. McTurAi),
Law will not (for that Reafon) adjudge them. And it hath been known
ltV\%^n''^ '^^" Execution with Safety, they have fent into
t/" -^i S°"'! T {*'^' ^""^'^« of their own Tribe (which will
pafs againft Jews) who have fallly fworn upon the Offender a Crime
t ti V' ^":^f ^*^' ""'l ^""^ Sentence accordingly ; puTfuant
iLrl^V'l ""'""'^y ?^°"'^^ ^'•^ ^"^ °ff- To (hew whai Reafon
ml Pr'^'T r''' '° ''f^ '^'^' >^^' ' '"^y ^dd that, by their com"
Zl r f f k' ^^'"^ '"'' ^"i'^'y' ^g*'"ft "" 'hat are not Jews, are. not
only lawful but. commendable. And to lofe any Thing from thdr
^ Public,
pi' I.
^;r DUDLEY NORTH. 123
Public, for cither Truth or Juftice, is a very great Fault This
makes all Dealing with them very nice and cautelousj for all Truft,
even with the beft of them, is defperate ; and the common Sort,
who are mifcreantly poor, are the moft faithlefs Wretches upon
Earth; and withal moft abjedt and impudent in the Turn of an
Hair,
I have heard our Merchant fay, that he found it impoflible to tell Their Difpo-
to any of them a Sum of Money out of a Bag, and they not finger ^i^-^onto^^^^^-
fome of it, and fo bring it to fall fhort; and that Traps have been
laid, by Atteftation prepared, to make the Difcovery; and one of
their Houfe hath turned a Bag out to them with Charge to mind
only the Fellow's Fingers, and could not difcern the leaft Adtion
towards a Legerdemain ; and yet the Money hath been fliort. Now,
would not one wonder, that a Society ftiould, not only deal with
but, take into a Sort of Employ, and it may be, in fome Refpedl,
truft thefe Men, and ufe them as ncceffary to their Trade, which
7'tirks, Chrijiians, and (in particular) the Englijh do, and could not
well do otherwife, or carry on Bufinefs without them.
When a frefh Merchant, or Fadlor, comes to Conftantinopky the ^^-^ impofc
firft Jewy that catches a Word with him, marks him for his own, grokc^l^""
as becoming his peculiar Property, and calls him his Merchant; and
fo he muft be as long as he ftays. And, from this Time, no other
Jew will interpofe to deprive him of his Purchafe, but as foon rob an
Houfe as do it. And thus, by Compad or Cuftom among them-
felves, this facred Rule of Right is eftabliflied. On the other Side,
the Merchant can no more (hake off his Jew than his Skin. He
fticks like a Bur, and, whether well ufed or ill ufed, will be at
every Turn in with him ; and no Remedy. Somewhat the Rogue
will get out of him in Spite of his Teeth, and commonly (befides
Pay) juft fo much more as he is trufted with : And the Merchant
cannot be without a Jew^ nor change that he hath. The only Ex-
pedient is to make the beft of him, and never truft him upon Ho-
nour. It is not a little Convenience that is had by thefe appropriated
Jews-, for they ferve in the Quality of univerfal Brokers, as well
for fmall as great Things. Their Trade is running np and down,
and through the City, like fo many of Job's Devils, perpetually
bufking after one Thing or other, according as they are employed.
If the Merchant wants any Thing, be it never fo inconfiderable,
let him tell hie Jew of it, and, if it be above Ground, he will find
it. This is accounted a common Advantage ; for there are Multi-
tudes of People, that have need of each other, and want Means to
come together; which Office the Jews perform admirably. And in
like Manner they apply to the great Men at Court, calling themfelves
R 2 his
*:i
V/iX
124
An Ffcape
from a fi;pcr-
Aitious Rab-
ble.
4^
The LIFE of the Homurahle
his Merchant at whofe Houfe, or Gate^ they wait expelling Employ-
ment. For, when any thing is wanted, the Jew is fpoke to, and
he, with wonderful Difpatch, procures it: And they have great* Pro-
fit by thefe Trurts, which they account as the Vails of their Places.
The Turks are the mod fuperflitious of all People, and have an
Opinion of Fafcination by ill Eyes ; and the Merchant had once like
to have fufFered upon that Account: For, being at the Sports, men-
tioned in his Letter to the Italian, he obferved a Rope-Dancer come
down from a Tower, and thought, by his Minute Watch, to k;iow
m how many Se. mds he pafTed to his Place; and, as he ftood count-
ing three, four, rive, &c, the Rope broke. This Difappointmcnt
troubled the Tiirh, that flood thick, gaping up ; and, fome won^
dfring howfuch an Accident fl^ould happen, one fiid he believed that
Fellow was the Caufe of it ; for he faw him hold fomewhat in his
Hand, and mutter over it. The Merchant, hearing this, crept away
as faft as he could ; for, if the Mob had fallen upon him for an En-
chanter, he had paffed his Time but very indifferently amongft
tl"e'ph|;"" , ^' ''y °"^ ^f ^^is Obfervations, that Turks, Jews, and an/iiam
have the fame vulgar Superftitions j as about Fairies, Goblins, &c.
As for the Plague, they verily believe that deftroying Angels are fent
forth, and go about with Banners ; one hath a red one, and the other
a white one ; and, as thefe Angels ftrike the People, they fill down
and either die or recover. And, in Time of raging Peftilence there
are Men who will affirm, they adlually faw thefe Angels ; and as
true as the Romans of old attefled that they faw their Emperors rife
out of the Fire, which was called the Apotheojis ; after which they
were enrolled among their Gods. And now, among the modern Ro-
mans, their Canonization of Saints, whereby they become adorable
n^u ■ r. • t. ^"^^^ceffors, is a Fraud nearly of the fame Species.
XX :-r .'" u^"' '^^ '^?^^ ^^^^^^"^ Profeffors of Religion have a firm Faith in
what they call Reading over ; and they ufe it promifcuoufly. For if a
common Turk hath a Horfe fick, he will have the Alcoran read over it
and, rather than fail, the Law oiMofes, or,the Gofpel of Chrijl. And
there are poor Chrijlians that will get an holy Man, though a Turk, to
read over a fick Child ; and the poor Jews the like. It is the Reading
over that they value, together with the venerable Phiz of the Holy
Man that performs, without much Diftinn Affes, Horfes being a noble Animal for
cuflr given." wor^aly Potentates to ride on ; and they cannot bear to fee Gowers fo
mounted, but will come and pull them off their Horfes, if they can.
Once, at Smyrna, the Nation were abroad on Horfeback, well
mounted, and fpied a Parcel of Dervifes, coming in the Road, mount-
ed, as their Way was, upon Affes. The Merchants expeded to be
affronted by them -, and, fays one, Let us ride through them : And
all, with one Confent, fet fpurs, and rode over this Troop of holy
Men and Affes, beating them down here and there, as they hap-
pened to fcatter. When they were got up, the Enemy was flown;
and they went away, and made no Complaints : And, it is likely'
they did not know who thofe Gowers were -, elfe, it might have made
an Avania,
la Af^ the . '^^^ ^^''^•f ret^»" the old A/iatic Way of expreffing themfelves by
Speech is ft. Figures, and have diverfe moral Parables amongft them. That fuch
.fiuratc was anciently the Mode of Expreffion in that Part of the World, we
have
». !
Sir DUDLEY NORTH.
127
have Mfop to (hew 5 many of whofe Fables have been tranflated out
of or into, Arab, And the ancient Prophecies, as well as the Style
of theHoly Scriptures, demonftrate the fame. So little Reafon had the
Church oiRome to conftrue literally that Paffage, This is my Body. As
for the common Turks, it will be enough to give an Inftance or two,,
communicated occafionally in Difcourfe by our Merchant : And, to
fav Truth he himfelf converfed fo much with the People there, of all
Deerees that his Style and Manner of Expreffion was tindtured accord-
inelv They ufe the Words, Wrote on bis Forehead, for all Necefli^
ties that happen to a Man, which we call Fate. It is commonly
known ihat the Twr^i are Fatalifts. ^ „. , 1. i- j
Our Merchant was acquainted with a grave honeft lurk, who lived A Turk con.
in an Houfe with one Slave; and, when his Slave died he bought --d^^^^^^^^
another; and, in a Time of Plague, he loft four ^v fiv^-^y^hich
brought him very low : And no wonder ; for he always laid his frelh
Slave in that very Place where the former died, without any Dreffing
or Preparation at all. The Merchant often advifed him to drefs his
Lodging with Vinegar and Fire, as the Ufe is, before he put another
there. O no, faid he, that fignifies nothing ; // h wrote on his Fore-
head. At laft he advifed him to take three Lemons, two found and
one rotten one, and lay them fo as one of the found ones (hould touch
the rotten one, and the other not, and fee which Lemon rotted firft.
He did { ^ ^<^
where the Hold of an Horfe's Tail certainly faves a Man. They tell,
that a wife old Man begged a Boon of a Grand Signor ; and he bid
him be gone. The World was a Tail, &c. He thought the Experi-
ment was to be tried, and ordered his Slave to (ell him in the Market
for a Rufs Slave; but to one that looked grave and wife, with a long
Beard, and a Bofcm full of Papers. This was done, and he was
fent down to a Vineyard to work with other Ru/es there : And fo he
did for diverfe Months. At laft, from fpeaking RuJJian, he fell to
fpeak Turkip, and repeat the Alcoran, and declared that Makomet
appeared to him, and enabled him. The Mafter, being informed of
this Miracle, fent for him, and found it was fo, and that he read the
Alcoran well. He had immediately his Liberty, and was vifited and
courted by Prefents from diverfe People. At laft the Grand Signor
heard of it, and would needs fee him ; and, when he was brought,
How ? faid the Grand Signor, do not I know you ? Sir, faid the
Turk, for God's Sake let me alone ; I have got held of the Tail.
Mentioning
verb.
li
I' I'
»;*
PS' :
*fl
.If
The unequal
Condition of
Slaves.
The LIFE of the Honourahle
Metitioning Slaves, puts me in mind of a mortifying Refledion
our Merchant u fed to make of the unaccountable Difference that
happens in the (at beft) mlferable State of thofe that fall under the
Calamity to be bought and fold as fuch. Some {h:M come from the
fmie Country, tr.ken at the fame Time, and be bought by a cruel
Fellow, that will fend him to the Mines, there lo be fiea'd with hard
Labour, aiid fo to live and die in Torment. Another (hall be fold
to a good-natured Man, that (hall make but an ordinary Domeflic
of him; and, behaving himfelf well, he fliall be ufed as a Child,
and, at length, married to his Patron's Daughter : And all this im-
^mane Difference without any fenfiblc Merit or Demerit in either, and
void of all Poffibility, by any Forefight, Prudence, or Behaviour, to
prevent, alleviate, or determine. But, in the City, as our Merchant
hath told us, a Slave hath fome Degree of Juflice againft the ill
Ufage of a Patron ; for he may alledge Contrariety of Tempers,
whereby they cannot well live together; and the Judge will decree'
that the Patron (hall carry his Slave to Market, and fell him. But
it muft be a bad Mafter indeed that will Caufe a Slave to affed a
Change which is very probable to be worfe for him. The wealthy
Men, in the Turkijh Dominions, have a great Accommodation by
Slaves bought at Market, as we do Cattle : For, if a Man wants a
Slave of any Pretcnfion, as Strength to labour, Comelinefs for a
Waiter, Smith, Weaver, or other Faculty (to fay nothing of a Con-
cubine, or fo) he finds one out, and buys him ; and, if he be not
ufeful, as expedled, his Patron carries him out, and fells him, and
tries for another : And it is feldom or ever that thefe prove refracflory,
or impertinent ; for the Corredion fills fo {harp and thick upon
them, that they cannot miflake their Intereft. Our Merchant was
ferved in his Houfe only by Slaves, and all the Cookery was done by
fuch ; which fliews a (Irange Truft, on that Side of the Globe, be-
yond what is in India, where, if the Slaves, being Natives, were
Cooks, they would certainly poifon the whole Family. He brought
a Slave home with him, at his Return into England, whom he call-
ed Shate'm, which fignifies Hawk, becaufe the Fellow had a quick
Eye, like a Hawk; but his Nature did not bely his Country, which
was Georgia. I'his Slave he gave to his Mother, and (he ufed him
as a Servant. He was a Chriftian, but knew it by nothing but a few
Fads that he kept. He was fuperftitious as well as amorous; for a
Maid Servant, provoked by his leering at her, laid a freOi Rabbit-
Skin crofs his Face ; which was fuch a Pollution, that he run ftraight
to the Pump, and they thought that he would never have done wafli-
ing. He found fuch Liberty in the Family, that he thought he might
fairly run home to his own Country; and, accordingly, took to his
Heels ;
i
^/V D U D L E Y NORTH.
Heels; and being found in a Wood, half ftarved, and able to fay
nothing intelligible, but North great Merchant, he was brought
home fo the Lady's Houfe. But his Patron, perceiving that he was
ofnoUfehere, fent him a little nearer honie where he ^^Z^^^
kept or fold, as the Fadory thought fit. He had another Slave that
was a Polacco, whom he caufed alfo to be brought mio England and
then fent to P./.«^, with his Liberty, and about eighty Pounds he
had eot in the Service. This was to reward his incomparable Dili-
aence^nd Fidelity while he ferved. The Merchant once toft a Jewe
^f Value, and could not find by what Means. H^/^^P/f ^^^^^^
Fellow, and to the laft, in his private Sentiment, believed he ftole
it . but having no Evidence to juftify the accufing of him, and it
beine poffible that fome other Perfon ftole it, he was fo juft as
to let his private Sufpicion go for nothing Thus much, con.
ccrning Slaves in Turky, I thought fit to infert all together in this
l^^oceed to mention another Parable, and fo conclude thefe Ob-
fcrvations. A Grand Slgnor caufed his Vizier's Arm to be cut off,
and proclaimed that the Arm (hould be thrown up, and whoever
caught it falling, ft.ould fucceed in the Vizier's Place ; but upon
Teims to be ferved the fame Sauce at a Year's End. When the
Croud was come together to catch this Arm, one Man morediligen
and dexterous than the reft, caught it. So he was Vizier; and, at
the Year's End, his right Arm was cut oft, and thrown up as be-
fore, and he himfelf, with his left Arm, caught it again ; and after
his fecond Year, his left Arm was cut off and throvyn up, and he
cau-ht it with his Mouth. This is to (liew what Men will fuffer
to sain a Preeminence over others. The rurks live under arbitrary
Government; but then moft of them, though fubjed: to fome, are
fuperior to others ; and have fuch an Itch after Tyrannifing, that
none would accept of Liberty and Security by Laws upon Terms to
nuit his Power of tyrannifing over others, in his Turn at lealt, as
it may. happen. And, to fay Truth, few People among us, clamour
athat lived with him, on like Occafion as I mentioned
before. It cxprefled every Lodging, Pleafure-hor.fe, Roof, Win-
dow, Garden, Tree, and wh.Ufoever of it appeared to their V lew,
in exaft Proportion. And I have heard him fay,^tliat he could mase
Affidavit to the Truth of every Particular exprefred in it ; there be-
ine nothing added, or omitted, for fetting off, or on any otner Ac-
count whatlbever. It was almoft entirely finiflied ; only fome of the
remote Parts, and not much, wanted hatching. After he came into
Enplnnd, he had a Fancy to have a Pifture made after this Draught ;
ancf he inftruded a good Landfcape Painter in the Colouring, ISc. who
hath made a very decent Piece of it ; and that, with the Original.
tiKcn.
'Ah A
'34
,<»
The LIFE of the Honour ahk
is now in the Hands of his Son. Whether this Gentleman was a
fingular r//-/«5>, as well as Merchant, or not, the reft of his Li^^
will make appear. . ''^
c'?u"Sr , ^ =>? "°!^ '^'^7.'"S "P <:'°Ce t" another great Cr;> of this Gent
„Ha:,vir lemans L,e; which is his Return for eI^/W. And it ^^\{\
.uou.a,h«,„t. obferved. that have here fcarce made a Man, but fomewhat more
of hnn; for where are his Faults, without which no Man lives? I
cannot fay I have concealed any that I knew j and having little' or
no Information of h.m but from himfelf. I may not find tut, wha
no Man ,s apt to difcover of himfelf, his unjuftifiable Anions. Cu
1 I may be fo free as to give my Thoughts of his Morals, I muft
allow that as to all the Mercantile Arts,''and Stratagems of Tr^de
which could be ufed, to get Money from thofc he dealt with I be
heve he was no Niggard; but as for Falfities, fuch as cheating by
Weights or Meafures. or any Thing that was knavirt,, treacher^ous
or perfidious, even with y.zc.. or Turh, he was as clear as any Man
• Hon^^r A.rt n1 "^t '"'^ i" ^" ^^'■f'^"^'' - ^ MerchLT of
\^^1Z TM P'^bauchery, I have enough clear'd him in what
hath been faid. But as to Women, while he was in Turky fba rLe
heE.xcefs) I mean fuch Loofes and Efcapes. as almoft "^al Meif
there, are more or lefs guilty of, I cannot altogether wipe him cleJn'
For I have heard him fpeak of a Lodging he took, in the Hout "f
io?r1„dP°r '\ Tfr- '"■ '^"-^'- '' ^'->' "" their DiVer-
71 J . ^' '°^^^ ^^ i"^ "°' exprefsly declare it, I guefled that
SMo to have been Sp^//a of the feminine Gender. But he knew
V Kind'^'for .r"' " "°' '°, ''= guilty of great Exceffes in thatro"
any Kind ; tor they are very dangerous
He mentioned a Spy-hole he had, from his Room into the Honr^
of another G...^. who had a Female Slave that brough a S ['
n.>d that little Infant w'as kept without any kind of Cloatli or'
Covering, more than is provided for a Puppy Do- • and k H ,
Kennel under the Stairs, and Straw to lie upT. When the Sr ant
was free, flie .vent and fuckled an.l cleaned it /but what w
chiefly remarkable was this. It h: d a going upon ail four ex^liv
l.ke a Monkey, and trotted, and then galloped, or wanted an d fo
it would come up to the Table when tl^ aL r was at Dinger and
rnd^whatw":':; '"'""» •"'' '" ^^;^^' ^^S§'"S f- fomcvvha to eatt
a Bov n, M I"'" '\ " "'' "' ' °°S doth; and fometimes it had
a Box on the tar. and, as a Dog, was bid begone ; and then it ^al
loped away to its Kennel again. It was a mortify ng Rcfledior to"
confider how little this Animal differed from a common Brute Here
L L~W '-n; ""'r"' f •"-\Subjea; but, after his Depa urc
lor £nj^„^, I have nothing, but what is ftriftly virtuous, to relate
of
Strange F.du
cation of a
Child.
I'm
.9/V D U D L E Y NORTH. 13 j
of him. Therefore beforehand I mufl: defire that other may not be
expeded from me.
Againfl the Time that general Ships arrived from England, upon Preparation to
the Return of which our Merchant intended to embark, he employed come away,
his Time in Preparatories. He was refolved not to leave his Affairs
behind him in Diforder. He confidered that, although he left his
own Brother upon the Spot, whofe Care and Application would be
no lefs than his own, yet his Experience, and, it may be, Penetra-
tion in Bufinefs, was not equal to his own. Befides, he defired to
leave him engaged in as little Brigue and Trouble, as was poffible,
that he might go on in the Management of the Factory with Cou-
rage and Satisfadlion. And he was fo far at Eafe that, if he left
any Thing which had been better brought away, it would fall into
his Hands, whom he loved almofl as himfelf, and withal took Care
to leave him in full Plenty, and well provided of all Things fitting
for him. He made a new Set of Books, which contained a Tran-
fcript of thofe of the Ragion, in which he had any particular Con-
cern; and thofe he ballanced to the Time of his coming aw^ay. He
choie, for his Ship, that of which Captain Cook was Commander,
who was a good conditioned Man, and agreeable Company.
The firft Launch was down to Smyrna, and there he went afhore; stopt atsn;r-
how long he ftaid, and what Merriment was made, is not much ma- r.A ra'^Tmu,
terial. After Leaves taken in due Manner and Form, they failed,
and touched at Tmiis, which is in the Bay where old Carthage flood.
They went afliore there, and were entertained by the Conful Refi-
dent. The Shallownefs of the Bay of Tunis is very flrange ; for
there was fcarce Water to keep their Boats afloat; and very often,
upon Touching, the Seamen llvipped overboard, and heaved the Boat
off. One would tliink fo large a Sea ihould, in Time, find or fylth
up. The Viewing that Place, and being informed of the State of
the Turlajh Government, and the Pov/ers there, muft needs be agreeable
to him. It appears he was lb fall of it, that he thought fit to dif-
charge his Memorials upon Paper ; as I find by the following Ac-
count of his Penning,
Vo'yage from Smyrna, with an Account ■;.
i5
'• 5
V *
R«iff H
■ - 1^.
in
I ii
Hi
l^-
140 The L I F E of the Honour able
join with him, flies up into the Country to his MooriJJo Relations
raifing a great Force, with which he takes in fome of the Out-
caftles, and makes down to "tunh with a Power that Haftfa was
not able to refifl. Nor would the Turks in the Town 'llick by
him at all -, but immediately declared for the Son of Morat ; and
that they would know nothing oi Haftfa, But now, they faid, he
would embroil their Country with Wars between him and' his
Nephews; and, to prevent that, they threatened him with Banish-
ment, and afterwards pronounced it.
* But Haftfa was fo wife, as to retire to Tripoli before the Storm,
or before his ^^^h^w Ma/met returned to the City; at which
Time he knew how it would fair with him.
* When Mahmet was peaceably eftabliihed in the Beylick of Tii^
niSy his Brother v^//" carried himlelf fo well, as to ad nothing vio-
lently againft him, but let him live in Quiet, and concerned not
himfelf in the Government, giving Poireifjon of all the Lands and
Country that had been afiigned Ha/'t/a, by their Father, for his
Maintenance; and would have done the like with all the fine
Houles and Gardens, &c. of Haftfa, now, in Tripoli-, but thofe
Mahmet refufed to meddle withal.
* Haftfa, now, in Tripoli, feeing no Good to be done there
having great Riches with him, tranfports himfelf for Conftantt^
nople; where he, by great Expence, procures the Grand Signor's
Command for the Bajhalick, which was now void by the Death of
Vfaph Bafl:a, and writes to his Nephew Mahmet, that he would
content himfelf with that. But Mahmet not trufting him, and
fearing alio his Brother Mi, whom he knew fecretly to'affedl
Haftfa, let fall^ Words, as if he never fliould have Peace till he
had cut him off. This being carried to Ali, he provides for his
own Safety by a fpcedy Flight to Algier, where he meets with but
flow Promifes of Aflillance to recover his Patrimony. But in the
End, finding himfelf deluded, and his Money to confume, he be-
takes himfelf to his Father in Law, a Moor of a potent Family,
by whofe Means he gets together a confiderable Army, which makes
his Brother Mahmet begin to look about him.
* ^^fifiy iri the mean Time, comes from Confiantinople, with
fome hundreds of Soldiers he called 'Janizaries, to take PoflelTion of
the Eaf:alick', but was fome few Days too foon; Mahmet being
in the Field fighting his Brother: And his Deputies in the City
kept him out, not fuflfering him to land. Thereupon he returned
back to Tiirky ; for he could not prevail with his Turks to wait
upon the Coaft, to hear the Succefs of the Forces of the two Bro-
thers. It feems they found themfelves already deceived ; being all
* along
c
«
c
<
c
<
<
c
c
c
c
c
c
(
c
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c
c
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If' •'■
^/V D U D L E Y NORTH.
« along told, that they fliould be joyfully received by the People at
< Haftfa^ Arrival ; and they would be no longer abufed, but made
* him fail to the Morea, which, in great Meafure, was his Ruin.
« For Achmet Bajha, the Vizier Azejn, who had taken his Money,
< and inverted him with the Bajhalick, was dead, and Cara Mujta-
* pha Bapa fucceeded. He, hearing that the Country of Tunis had
* refufed Haftfa, and that he was returned to Navarrin, and being
< defirous to make his Market alfo of him, and at leaft to get his
« Predeceffor's Gleanings, immediately fends and brings him to Con-
^ flantinople, where he, to his great Regret, receives Difpatch on
* Difpatch to come for Tunis-, of which City and whole Territory
< his Nephew Ali was poffefled not above three Days after he had
< failed from thence for the Morea. But now he was in the Pound,
< and Cara Muflapha would not part with him, but kept him there
< a great while, and firft permitted him to fend one Ship away to
* fetch Money, all his firft Treafure being confumed; which Ship
< alfo was flow in coming back. At lall, with much ado, he gets
« away and comes to Tu?ns, is received as Bafia, though not fo kindly
< ufed by his Nephew Ali as he expeded; tor his long Abfence had
' worn off fome of the former Kindnefs. x\nd Ali, having now
< eftabliflied himfelf, and fo long fubfifted without him, cares the
< lets for him, and, poffibly, would rather have had his Room, than
* his Company; as appeared by feveral Slightings of him, and not
* givins; him Poffeffion of his ancient Patrimony, in which Ali was
< inflated by his Brother Mahmet at Haftfa s firft Flight to Tripoli,
< All which Haftfa fees he muft now be contented with, and lub-
< mit to. 1 ' r> n^ c
' Mahmet all this while, holds himfelf ftrong m his Caftle of
« Kef, fome few Days Journey from Twiis-, to which Place he had
« carried great Treafure, and whither the Difcontented of the Turks,
« that Ali had, by his Cruelty, difobliged, and feveral of the fickle
« Moors, daily refort ; fo that with them, and his Wife's Kindred,
* again he takes the Field. He had confiderable Advantages againft
< his Brother, who now again was forced to retire up into the Country,
* and prefently marches to the City. And they, making fome Face
< of Refiftance, yet, on the firft Summons, let him in; and all All's
« Friends retired to the great Caftle, and fortified themfelves there.
< Mahmet lays clofe Siege for about two and twenty Days; but, not
< being able to reduce it in that Time, he found it needful to retire,
< to encounter his Brother, who was coming upon him with a great
« Force of Turks and Moors, And thofe he was well nigh overcom-
■ < ing by a Stratagem ; for when Mahmet was come into Tunis, all
< the Government", that were Frieuds to Ali, retired into the Caftle.
< Mahmety
141
K'liJ
i4t
c
(
<
c
c
c
c
c
c
c
c
<
<
(
(
7*^^ LIFE of the Honourable
Mahmet, not being able to take them, would, at leaft. create
fvTh h"" u "'?"■ ^'''''^' ""''' °"' °f the V«ri. that wee
with him he makes over again all the OHicers of the Dtvan a!
much as If he had taken the Caftle, and cut them all off. Nm'
gouig to meet h.s Brother with his Camp in this Manner, he fend;
ome of h.s rurks to his Brother's Camp.^o inform the lurks . h re
hat he was poffefled of the Caille ofV«„/., and had cut off U
h.s Enemies; and that now all the Power and Government of the
£threryr'm ^ a/king why they would fight againft thei
Ureti, en, £.. Whereupon all the Turks, in ^//'s Camp, imme-
h d ife Tr ? and join A/.W; which had been his rS.
i^i r r".i f?"'^^^"'' ^et ^?on them with his Moors; which he
did fo fuddenly, and fo violently, that he cut off many If them
and routed al the reft; his Brother Mah„u't, witrbut a few
efcaping to h,s Caftle of Kef. So that .4li comes with Triumph
Caftt'f^r him- ''"^ "^ ''"''' '"'' ^^^ ^° f^"^^"")' ''^P' '"e S^at
JV/- DUDLEY NORTH.
M3
°= ; VercLtS^^^^^ \S"^'^' " ^"^^ •"'^"'^^d to have
'**"»'• him ITt^ ^1* the Voyage home. What elfe happened to
h ovvn ^T'^^'r' """ft be ^"PP'ied by what I ],ave gathered from
tevond t£t ft g\Condition in the Ship was much improved
beyond that of his Embarkment for Archangel. Then he was a
raw Novice or meer Underling; and neither Mafter" Mate nor
Manner would deign to afford him any Participation of the Slinr
account, as he very much defired. But here he was Lord Srf
in at all the Obfervations and Accounts of the Ship's Way Tournal
asTfaid f "'■ T' t P^J^'''"S ""' '•^^ «'»P'= Placr^He fount
as he faid formerly, that the Captains perform all this Work me
chanically, by the Help of Tables, out of which they exj^adt all
their Sums; and for doing it, they have a Rule ; but I°^ '^
round by Gibraltar, In this Journey by Land, which was over
great Mountains, they had no better Carriage than a flight Cart or
two. The PafTige was very delightful to the Merchant, who loved
extremely to fee new Places, and fuch fpacious Views as he had
from thofe Spanifl^ Hills. But the Lodging, little better than in the
open Air, was their greatefl Mortification. One Evening they came
to a little Barn upon an Hill, and promifed themfelves a good
Night's Sleep there. But the Driver was obferved to be very bufy
in making his Bed under his Cart. One of them afked him, why he
would not lodge in the Barn; he anfwered, becaufe he would not
be eaten alive ; that is by the Cimki, which are of the Sort of, but
much worfe than, our London Buggs. This was a feafonable Item,
The Merchant, and his Crew, made alfo their Beds in the Carts ;^
and fo refled as well as they might. He told us of vafl Herds of
great Beafls that he faw upon the Hills, and about the Country ;
which was a great Surprife to him, becaufe he had heard what a
beggarly Country of FleQi ^patn is. Thefe Herds, as they were
told, belonged to fome of the Grandees of the Country.
Our Merchant was not ill qualified to travel in this Country, and ^•^^^';.|^''^^^^^;^
to converfe in the great trading Towns; for he fpoke Giffoot very \-^^^,;l\^^
fluently, which is a corrupt Spanip: But becaufe the Jews write it Voyage from
in H^/^r^T£; Charadters (which he alfo could do) it is called G//fc(?/, ^^^c"^"<^-
or the Language which the Jews fpeak; fo, having this Dialed: at
Command, he was his ov/n Interpreter. I fuppofe they did not flay
long at Cadiz ; for, as foon as the Ships were come about, they went
aboard, aivl nurlued their Voyage. And now the Want of Diverfion
began to pr^is more than before ; and they contrived diverfe Amufe-
ments to fupply it. The Seas, in that Voyage, being very deep,
they fell to trying Experiments by letting down Bottles into the
Sea'. They had the Dipfy (or Deep-fea) Line at their Command ;
and with this they let down an empty FlorenceV\d,9i^ well flopt, and
found that, at one hundred Fathom, or lefs, the Flalk conflantly
broke. Then they let down a common Glafs Bottle tightly flopt,
and in no Depth could they find it would break; but, fomewhat be-
yond the former Depth, they found the Cork always thrufl into
the Bottle; and, giving Depth eiioughj this Event never fiiled.
Thefs
..,-1
144
m
m
The LIFE of the Honourable
Thefe Experiments demonftrate the Weight of Fluids, as of other
Bodies, according to Quantity, wliich is gaged by the Perpendi-
J/r D U D L E Y NORTH.
i4f
cular.
SurprifeJ an ^^^^^ ^^cfe, and many other fuch Amufements, they contrived
old woma.i to pafs the tedious Time at Sen, till they came in Sight of dear
hTs B?othJ-! ^^g^^^^y and then look out was the Word. The Merchant had En-
tertainment enough in obferving the Coafl, and, coming into the
River, his Heart was full; and he no fooner landed, but he crot In-
formation where his befl Brother lived, and, embarking in another
Sort of VefTel, a Hackney Coach, fteered diredly thither. His Bro-
ther was then Lord cliief Juftice of the common Pleas; and his Lady
vvas dead ; lo, he not affeding to be altogether alone, it fell to my
Share to be almoft conftantly with him. The Merchant came to
^ his Lordihip's Houfe at about eight in the Morning, when we were
in Bed. The Houfe-keeper had been formerly his LordHiip'sLaun-
drefs at the Temj>k, and knew well her Mafter's Brother fo early as
when he vvas at the Writing-fchool. She was a pthifical old Woman
and could (carce crawl up Stairs once a Day. This Gentleman ap'
peaniig with his Muftaccio's, according to the Tur/^iJ7j Manner
Conh^ke Hut, and ftrange out of the Way Cloaths, juft as if one
had been dreft up to ad Captain Dcingerfield in the Play, (he flood
Itaring at him ; and he, knowing her, called her by her Name
By that (he knew that it was her Mafter Dudley, and flew up Stairs*
to tell the News, as if flie had been a Girl of fixteen ; fo forthwith
he was conduded up to us. Thefe Particulars are mentioned to
Ihew, what Spirits fudden Joy will infpire.
worehis It is to uo Purpofe, to defcribe the Circumftances of this Con-
Wofys ^'f' ^A'^'^^ '^'^^'^y ^^ conceived to have been fufficiently happy.
After a Quarter of an Hour's Converfation, we fent him to a Cham-
^ ber to refrefh, whilfl we got up; and coming together again, it was
plealant to obferve his Figure; fo bizarr was his Face and Drefs.
His firfl Demand was a Taylor, a Taylor. The Taylor came, but
could not finifh his Office, in civilifing a Barbare, under two Days:
and all that Tmie he wore his Dangerjield Habit and Beard. It was
pleafant to fee him manage his Muflaccios; for, being apt to trefpafs
upon the Mouth, they were always, by an Adion, habitually put by,
before drinking, one Way and the other. But yet the Beard would
have a Share out of the Glafs, and was made clean again by ano-
. ther habitual Adion of fipping the upper Lip. This Garb may feem
very monflrous to us here ; but, in the Levant Cities, Cloaths are
not more neceflary than a Beard to one that writes Man. After a
certain Age, nothing is to be taken from the upper Lip; but, un-
derneatb,
derneath, all is fhaven clean away ; and more than that is infamous.
But now the Weftern Ufages mufl govern.
With the Taylor came the Barber, who, like Time with his *rhe Power of
Scythe, mowed down this fertile Crop. And the Merchant himfelf ^^ °"^'
could not but be furprifed to fee his own Face in a Glafs, after the
Muflaccio's were departed ; and, turning away his Head, laughed at
himfelf. Such Power hath Cuflom over Mens Sentiments and Opi-
nions; for he could not help being afhamed of his Face. It was a
confiderable Time before this upper Lip, having been long fliaded
from the Sun, took the fame Tawn as the reft of his Face ; but,
looking white and pale, made a flrange Disfigurement. And it was
Matter of Ridicule to fee him always, before drinking, adl with his
Fingers to part away his (then) no Beard ; and, when he had done,
to fip his upper Lip, although the Mop, to be cleaned, was gone.
In the Courfe of Adion habitual, Reafon and Refledtion fland by.
A (Ironger Power is in PofTeflion, and mufl be removed, not by Af-
fault, but, if at all, by a long Siege. The greatefl Part, of what
we adl in our Lives, is more Machinery than the EfFed of either
Will or Reafon.
His Father, the Lord Norths had then been dead for fome Years; sleeping out
but his Mother was alive, who had nurfed him in the Plague, and ofTimccurei
had been immeafurably fond of him ; and not without Violence to
her AfFedlion, and out of Refpedl to his Good, had parted with
him to go into all the Hazards of a fupra-cargo Merchant. I may
fay fhe was revived by the News of his Arrival, and more by a
Sight of him ; for, as foon as he was accoutred, he took a Journey
down into Suffolk, to pay his Duty to her. After a decent Time
fpent with her, he returned to London, where he had large Con-
cerns to fuperintend. He continued, for fome Time, to lodge with
us, at his befl Brother's Houfe. Where, according to his former
Ufage, when any great Alteration of his Condition, or Circumflances
happened ; his working Mind, about ordering his Affairs in a fit
Poflure for his future Management of them, would not let him fleep
all the Night. It was the Cuflom, at firfl, for his Brother, who ge-
nerally rofe before feven, to go into the Merchant's Chamber, and
there finifli his DrefTing. And he always found him awake, and
complaining he had not flept. But, upon his leaving him, he flept
foundly till ten or eleven ; whereby he lofl his Morning, which he
could not endure. He perceived that this Want of timely fleeping
grew to be a very great Inconvenience. This made him refolve to
take his old Courle, and make a thorough Cure at once. Accord-
ingly he refolved, whatever became of him, fleep or not fleep, to
rile when his Brother rofe, and fo to fecure his Mornings to better
U Purpofe)
pi
% r
'*.*
14^ 7^^ LIFE of the Homtirabk
Purpofes than droning abed. He took this Courfe, and declared that,
for four Nights together, he was not fenfible that he had (lept at
all} but, on the fifth Night, he flept with a full Gale till Moining,
without any waking at all. This, as Was noted, (liews that Men
may conquer any Inconveniences, that grow by Cud. m, if they are
not wanting to thcmfclvcs in Courage and Rcfolut on. And, it is
certain, that Want of timely Sleep, if not obaruded by fome Dif-
eafe, may be cured by a Pertinaciiy in watching ; for Nature will
have the Reft Hie needs, and, in a State of Health, will fecure it
againft all the Noifes and Diftuibances whatfoever, as may be ob-
ferved by the deep Sleep of poor Seamen, who are (as they call it)
overwatched.
^ll^g^Z' ^}^ ^^^^ ^"^ ^^^^^^ j^^^ 3t our Entrance upon the Wcftern Circuit,
aaed'Vor her Ncws Came that the good Lady North was dead, and had made me
Executor. her folc Executor. We had, at that Time, the Misfortune of an
elder Brother's Importunity, who was not contented that any of our
common Concerns fliould pafs quietly and fmooth j and he, being
Heir at Law, might enter; after which, the Management of the per-
fonal Eftate would be very difficult. Wherefore, to prevent great In-
conveniencies, fince it was not in my Power to attend in Pcrfon to
difpatch the Goods forthwith out of the Houfc, as was thought ne-
cefTary to be done, 1 entreated him to go down and finifh that Work
for me. He mod willingly undertook it; and, after his Arrival, he
there firfl fhewed what an Agent of Difpatch he was: For, in little
more than a Week after the Funeral, he had clear'd the PremifTcs of
all the Goods, except a few which were left for the Heir, to have his
Option to take if he pleafed ; being what could not be removed with-
out Prejudice to him. He was fo obliging to declare we muft, in a
Time, take all that belonged to us, and, after that, he would permit
nothing to be removed. This made the Merchant ply his Time.
One Difficulty he had, which was to get out the Brewing Veflelsj
for the Doors were too little for them to pafs ; and he could engage
none of the Family to faw out a Threffiold to make Way, for that
was a Trcfpafs to the Freehold. But he and his Foot-boy went to
work, and cut it out, and the VeiTels were rolled into an old Moat,
and from thence carried away. He had an aching Tooth, as they
fay, at the Mill-flones of a Water-mill ; but the learned told him,
thofe were Part of the Freehold : Otherwife he made no Account
but, as a true Fador, to accomplifli his Bufinefs, according to his
Rule and Trufl, to Perfedion.
He wrought every Day in Perfon, taking down, forting, difpofing,
and contriving Packs, which he did according to Art, and beyond
the Skill, I had almoft faid the Pains, of a Porter. The Neighbours,
»f;r DUDLEY NORTH.
H7
His Art and
Indufliy in
Working.
as
«s the Cuftom is on fuch Occafions, for Curiofity, came to fee what
was doing; he little minded them, but went on with his Pufinefs.
They were in admiration at his perfonal Induftry, and Art in em-
ploying others. Before he had quite finiftied his Work, the Heir at
Law made a Dcfcent upon him ; and, then, litigating was added to *
Labour. And this happening when the Beds, all but one referved for
his Ufe whilft he ftayed, were fent away, the Litigants were forced to
lie together in that one Bed at Night. After we came together, and
he gave us the Hiflory of his Pains-taking, among other Grievances, .
one was, that, after fcolding all Day, his Brother and he were forced to
lie together all Night. I told him in merriment, that was the leaft thing
of athoufand, for moji Men and their Wives did it continually. But,
as to the Bufinefs itfelf, he gave me Books, in which were regifter-
ed, not only the Accounts to a Farthing but, every Bundle and Parcel
by Marks, or Letters, with the Contents in each, particularifed to a
Trifle, and where they were fent or difpofed : So that, notwithftand-
ing the Hurry of moving, and fending Things away to feveral Places,
I had a Digefl of the Whole, and could go to the Place, Parcel,
Drawer, &c, to find any thing I had a mind to. This I remember as
a Piece of Juftice; being all I can return for fo fmgular an Ad of
Friendfliip: x^nd let that, which I think enough, excufe the feeming
fmall Import of this Memoir.
In London he found that his Bufinefs, which was very confider- ^^^^^^^^^ *
able, made it needful for him to have Warehoufes, and to converfe LoaLaT *"
near the Exchange, and in a mercantile Way, that fo he might rea-
dily carry Perfons to fee his Goods ; which could not be done, whilft
he lived, and converfed, moft at the other end of the Town. Where-
upon he took a Lodging, together v/ith fome other Batchelor Mer-
chants, in an Houfe that was kept by a Gentlewoman of good Value
and Appearance, the Widow of a Merchant deceafed ; and there
they had their Diet alfo, at a certain Price : And, I am per-
fuaded, any one of them might have been Mafter of the Houfe,
whenever he pleafed. But, although they did not differ upon that
Point, or any thing elfe, he, who had been fo long Padron di Caja^
or, the Governour of a Ragion, was weary of that boyifli Courfe of
Life, and refolved, by the firft Opportunity, to take an Houfe, and
live after his own Way. At length, he found a good convenient .
Houfe in Ba/inghall-Jlreet, with a Coach-Gate into the Yard, next to
that which Sir Jeremy Sambrook ufed ; and there he fettled. He had
the Opportunity of a good Houfekeeper, that had been his Mother's
Woman ; though fome thought her too fine for a lingle Man, as he
was, and might give Scandal, and occafion his Habitation being called
Bufjlnyhall'fireet, But, when he, that had a Command of himfelf,
"^ U 2 did
n
i« "
/
148
Diflikcd pay-
ing and receiV'
ing by Bank-
ers.
•'■1:
Offended at
dipt Money ;
wiih (h'j Ufe
of a Bijftjlein.
^:*| \
The LIFE of the Honourable
did what he thought reafonable, he always flighted what People, at a
diftance, faid of it. Here he found himfelf Mafter of all that be-
longed to himfelf, and could have the Pleafure of returning the Ci-
vilities of his Friends, by entertaining them as he pleafed.
Living in this Way, he applied himfelf wholly to Bufinefs, and
• did not dream, of any thing to happen that might divert him. He
found diverfe Ufages in London very different from what had been
pradifed, in his Time, there, or in any other Place where he had
lived: As, firff, touching their running Carti, which, by almoft all
Sorts of Merchants, was Aid into Goldfmith's Hands ; and they them-
felves paid and received only by Bills ; as if all their Dealings were
in Banco, He counted this a foolifli, lazy Method, and obnoxious
to great Accidents ; and he never could bring himfelf wholly to com-
ply with it. For, having taken an Apprentice, one Falrclough^
the Son of a Presbyterian ojd Ufurer, he paid and received all by his
Cafli-keeper, in his own Counting-Houfe, as Merchants ufed to do.
But, at length, he was prevailed on to ufe Benjamin Hinton, a Lorn-
hard'flreet Man -, and, for ading therein againft his Confcience, was
puniflied with the Lofs of about fifty Pounds. But others loft great
Sums by this Man ; and his Breaking made a great Shake upon the
Exchange, I remember, he hath come home (for, at firft, he was,
as I faid, with us) in great Amafement at his own Greatnefs; for
the Banking Goldfmiths came to him upon the Exchange, with low
Obeyfances, hoping for the Honour^JIjould be proud to ferve him,
and the like 3 and all for nothing but to have the keeping of his
Cafh. This prefling made him the more averfe to that Pradllce ; and,
when his Acquaintance aflced him where he kept his Cafli, he faid]
Jit home-. Where Jl^ould he keep it? They wondered at him, as one
that did not know his own Intereft. But, in the latter end of his
Time, when he had left the City, and dealt more in Trufts and
Mortgages, than in Merchandife, he faw a better Bottom, and ufed
the Shop of ^\t Francis Child, at Temple-Bar, for the paying and re-
ceiving all his great Sums.
I (hould here mention another Thing that much furprifed him •
which was the dipt Money. He obferved, and wondered, that it
was current ; and he could not be perfuaded, but that he took fo
much lefs for his Goods, as the Money wanted of Weight. But I
have fo much to remember upon this Head, that, having referved a
Place exprels for it, no more is faid here -, but I proceed next to men-
tion the Want of a Convenience in London, which was admirably
fupphed in Conjlantinople ; and that was the Bejdjiein, This is a Place
like the Exchange, built of Stone, and very ftrong ; it was Proof
againft Fire, as well as againft Thieves. There, Goods of all kinds
were
Sir DUDLEY NORTH.
149
were taken in for fafe Cuftody, and delivered out again, upon Pay-
ment of a very fmall Premio, The Manner of Difpofition in it is
much like that of the King's Warehoufe at the Cuftom-houfe ; where
is an Order, and Servants, whereby any Thing, taken in, may readily
be found, and brought forth. In the upper Part, there was a per-
petual Outcry, or Sale of Goods, not, as here, in a fort of Office, till
all is difpatched, but by Men running about from one Place to an-
other, and crying the Price. There a Man may go for his Diver-'
fion, and, fitting down, obferve ; for inftance, a Scymitar: So much
bid for this ; Who bids more ? You may look on it j and, if you fay
any thing more, away runs the Fellow, and cries it ; and, if he finds
no more bid, he brings it to you, and it is yours for your Money :
And fo, for almoft every kind of thing, that any Man defires or ufes,
it is odds but he is accommodated. While our Merchant was a young
Beginner in London, he wanted many things, and he believed they
were eafy to be procured ; but thofe, that wanted him, could not
find him any more than he them. Then he complained of his Want
of the Conjlantinople Jews, that, in fuch Cafes, brought Buyers and
Sellers together : But of them before.
Another thing, new to him in London, was the Coffee-Houfes. ^°^^^^^^^_
There were fcarce any when he was laft before in England ; and, ^^^^^^^ "^
for certain, none at all when he firft went out. At Conjlantinople they confimtm^le.
had Coffee, but no Coffee-houfes ; for thofe were not fuffered ; it
having been found that the People, by a Tendency to Sedition, made
an ill l^ic of them. In Conjlantinople, the Coffee, with a Furnace
and Utenfils, is carried about the Street upon a Man's Brcaft, as they
do Baskets of Wares ; and, if any one hath a mind to a Difh of Cof-
fee, he calls the Coffee-man (one or other of them, like our Porters,
being commonly within hearing) and fits him down and drinks it.
If one would gratify the Workmen in a Shop, there is no fuch thing
as asking them to drink; they will anfwer, They are not adry, but
they will be very thankful for a DiQi of Coffee ; and then the Cof-
fee-man is called. Nay, there are Men fo charitable as, by a Vow,
to fpend their Lives in carrying Water about, which they offer to all
People; and thofe, that are hot and dry, accept their Courtefy. ^This
(hews that, in thofe hot Countries, the Gift of a Cup of cold Water
was not fo defpicable as it is thought to have been.
But, to repair to London again, from whence we were flipt back. Bou:;ht .Sro k
Our Merchant, finding the great Trading Companies in Credit, and ';^f^'^f^l['^^^
himfelf a Stranger to that fort of Dealing, and that moft of his m^deDiielu-r.
Friends and Acquaintance were concerned in one or other of them,
thought fit to buy Stock, in the Royal African Company, to fuch a
Value as might qualify him to be of the Committee for Diredion of
the
'^° The LIFE of the Honourable
the Trade ; and, accordingly, he was chofen. He applied himfHf
o r R ""^.'""rf ' r '" '''°"g'^' '"^"'"^ ^^' andT was bound
to do By this lie had two Advantages ; one was the beinirletTn?
the Knowledge of Trade in CompLie's, and of thi i„ pf, ic nla"
the other was, making himfclf known, and what his AbL^t in fi '
Management of all Sorts of Bufinef, were. And Lfiw^' that'
.n the Op.n,on of the Exchange, he firft did Juftice to his ChJraS '
For he was fugacious to take the Subftance of any Matter at the fir^'
Opemng, and then, having by proper Queftionsmo^cfuiynforS
himfelf, could clearly unfold the DiffikTlty, with all t^s C rc^r^
oth"err He^ltf '^ '^"? Difadvantage, t'o' the UnierLd ^f
Fi:!-kT» cl "1"'fite Judge of Adventures, and the Value and
El.g.b.l.ty of them. He was very quick at difcerning he FraS or
Cha'rS^s^ofZr^Kr''''/''^^"^'-"^ ^^"^ trufteVfas afo'tte
CJiaraUers of thofe that profered, and were examined in order fn k!
employed or trufted. If he once found that any Perfon wa falf^
and had cheated the Company, he was ever after^infleSe a„d no
found that' Men n rpublTk "l^uft" '^^?' " ''^ ''^^V ^' '^ °^'-
C n J^ I pUDliCK t rult, Wl 1 give WaV to fjivnnr . ^r.A
"'Ru&;,j.J''\P°'''"^^Condua of his, however in itfelf commendable had
a.n, having foftened diverfe of the Committee made his Ann^'^" '
■ons for another Truft. Our Merchant adhered to his Co^vSn'
SrotUTy heli' ~n;f^ret:r^ ^t^B^'
S::rdX;-;?£rK::£eta^s~
£ trit"1 d°"'' '^ ''r^^' ''"' ^y IntSr rS? r Lt r^
t^"?: Upon this, againftthelnclinatioVofLeoV uVSilT;'''
the Order was. that the Captain fl.ould beheld to Acciuntld not
be
HI..
JVr DUDLEY NORTH.
I5»
be farther employed ; for, upon fuch a flaring Detedtion as had been
made, none could perfift in his Favour. But, after the Committee
ivas up, and the Gentlemen moving about the Room., one went out
and told tlie Captain whom he might thank. Thereupon the Cap-
tain enters the Room with his Sword drawn, and went diredly to-
wards Mr. Northy who flood talking with fome at the upper end of
the Room, with a dircdl Intent to ftab him. But, as he came near,
one of the Merchants, perceiving his Sword, flruck it down ; and fo
he milled his Purpofe, Mr. North broke his Cane upon the Fellow's
Head ; which was all the Satisfadion he had for fo dangerous an Af-
fault ; for he would not be perfuaded to profecute the Man, to make
him an Example.
The Lord Chief Juflice North, finding his Brother falling thus Recommend-
pell-mell into Affairs of Trade ; and perceiving, by his Converfation, ^^ J>y ^'^
that he had an uncommon Penetration and Capacity, both in general w^hofeTntent
and particular Diredion of Matters to be tranfadled by the Applica- initwasmif-
tion of many Heads and Hands, thought, fmcerely, that he fhould ^*^^"'
do his Majefly a fignal Piece of Service in recommending him to
Ibmc Pofl, of which (in the Revenue Bulinefs) there were not a few
that needed fuch a one as he was : And if, withal, he did Good to
his Brother, his Integrity and Service to the King hi^ Mafler was
never the lefs. Accordingly, he took an Opportunity to fpeak of him
to my Lord Rochefter (then at the Head of the Treafury) and told
him, that he had a Brother, lately arrived from Turky^ who under-
flood Trade, and the Marine, perfedlly well ; and, he believed, it
would be for his Majefly's Service, jf his Lordfhip thought fit to re-
commend him to any Employment in the Cufloms, or where fuch
a Perfon might be ufeful ; and that, really, he believed that no Man
in England was fo well qualified to ferve the King, as his Brother ^
was. But his Lordfhip fo little thought there could be an impartial
Man in the World, that, for Anfvver, he only Imiled ; which was as
much as to fay, that he thought my Lord Chief Juflice came to
palm his Brother upon him. By this it appeared, that the Lord
Roc^ejicr did not underfland Men. But his Mind altered after-
wards; of which more is laid in the Life of the fame Chief Juflice..
But, now we are drawing near to the Public, I mufl remember^,^ „, -
, . ^ . The Plot of
what a reverend Opinion of Gates, and his Accomplices, our Mer- o^/f.^ poiTeiTd
chant brought over with him. It was the Method of all tlie Fautors ^^c Merchants
of the Plot, which bore his Name along with it, whether for Ma- ^ '
lice, or Ignorance, but more efpecially the former, to cram down
all indifferent People's Throats a Belief of it. Thofe, that lived in
the Time, muft needs fee the Credit it had, I mean with indifferent
People, was more through Artifice, or rather Force, than right Rea- \
fon.
*-m'
'51
m^
\
Found us m
high Fli^hrs
of [f^ig and
2orj.
I
I
r
i
I
i
1
i
I
I
>.
1
(i
.•>'
7%e LIFE of the Honourable
fon. And, according to this Scheme, the London Merchants, and
particularly thofe trading to the Z,.^««/, being generally among the
Fautors belaboured all their Faftors with their Accounts of the moft
horrid Confpiracy, &c. difcovered by that Inftrument of Providence
Oates. That the fame Plot was ftill carrying on, and they were not
come to the Bottom of it yet; but they hoped, by the next Convey-
ance, they (hould fend them this fame Bottom of the Plot Thofe
who had Relations or Friends abroad, and had other Sentiments of
the Matter, did not, nay, dare not, write any thing in Derogation
of Oates, or his Plot ■ for, fuch a Letter intercepted and produced
the Writer had gone headlong into the midft of it ; at leaft had fufl
fered for traducing the Juftice.of the Nation. So the Intelligence
5j" ^''.°" o"« Side ; and there is no wonder that Oates fliould be fo
idoliled, as he was, amongft the Fadors and Merchants at Conllan-
//w/>/^ .-Our Merchant told us that, in all their Jollities, next to the
King s Health, Oates'i was celebrated. But, they thought it very
ftrange that the next Letters did not bring the Bottom, nor the next ;
but ftill, by the next, they hoped they ftiould have it. Thus our
Merchant came home feafoned ; but, inftead of finding the Bottom
turned up, the Moon was in the Wane, and Oates was become almoft
a common Deteftation. It was fome time before we could by Dif-
courfe, give him a right Idea of our Public ; fo hard held' he upon
the Prejudice that was burnt into him, by Letters from England
about this deyilifh Plot But, by degrees, he faw Daylight, and de^
tefted that Neft of Villains as much as we did ; and his Behaviour
atterwards ihewed him to be a true Convert.
fiJ]? ^^""^."^ ^j"'^^ ^^,^^y to go together by the Ears, about public
Matters, which foon fettled in the Terms of Whig and Tory Thofe
were the Appellatives ; but the Mythology was Seditious and Loyal,
ithe Hiftory of which ,s fully related in the Examen, Thofe. who
joined in all the wicked Pradices to deftroy the, then, prefent Go-
vernment and thofe who endeavoured, by all juftifiable Means, to
fuftain the Credit and Authority of it (as there was need enough^
againft the Stratagems and under-hand Dealings of the others -The
former were alfo diftinguifhed by crying up Oates's Plot ; and the
others, by crying jt down. And, upon fuch Terms of Fadion
Heats Ammofities, Strivings, Tumults, Seditions, and what not of
Diforder, was grown to that Height, as made Whitehall Hiake : all
which IS fullv made appear in the faid Examen. The Whigs declared
a War aga.nft the Perfon of the Duke of York, who was unhappily
declared a Roman Catholic ; and they ftirred up, and abetted Proceed-
ings, ^lemnly to have him excluded from fucceeding to the Crown
The rones underftood well, that this did not ftrike more at the'
Duke,
SW DUDLEY NORTH. IJ3
Duke, than at the King himfelf: For, if the Exclufion paft, the
King muft be deprived of his Magiftracy and Militia, without which
the Exclufion would not be fafe ; and that, which could not have
been, modeflly,afked before, would then have been demanded ; and the
granting, what they afked, would have made a Reafon toafk what could
not, without the Ruin of the Public, be granted ; and yet they
thought they fhould be able to extort it : And, for that Reafon, they
were impetuous for the Exclufion, even to Madnefsj or, as if they
were fully bent, in the firft Place, to extort even that.
I (hall not here give any Account of this Plot of Oates' s, nor of SomeParticti-
the Monfler brought forth by it, called Ignoramus ; nor of the Trou- ^^^ °J^^"^ *
bles about choofing Sheriffs of London and Middlefex, becaufe a par-
ticular x^ccount is given of all thefe in the Examen^ and the Life of
this Gentleman's beft Brother, the Lord Keeper North. It may be
found alfo in the fame Life, how this Gentleman was perfgaded to
hold Sheriff; I fhtll therefore omit that alfo, and proceed to fome
Particulars, not fo exadly related there.
As foon as he had determined to hold Sheriff, and that was known, ^c\m ufed,
the Agitators of the oppofing Party were at their Wits end ; for they ^f^^^^ h?m ^**
knew on what Bottom the whole Machine refted, viz, the Lord but in vain!
Chief Juflice North's Reputation and Authority. He was one whom,
by all their Arts, Terrors, and Infinuations, they could never feduce
to move an Hair's Breadth from what he judged to be his Duty to
the Crown : And that alfo he efteemed to be his beft Service to his
Country ; fince that Way only he thought Juflice and Peace in the
Nation was to be maintained. He concluded that, with his Majefly
and his Government, the Church, and national Liberty, and the People's
Safety and Property, mufl fland and fall together. And, befides this
Steddinefs, it was yet worfe; for, with his Skill in the Law, and known
Adherence to jullice, for w^hich he was celebrated by the Citifens,
among whom he had a(5led as Chief Judge for many Years, he had
alfo an Interefl and Authority in all the Counties of England^ in mofl
of which he was, not only loved but, revered. All this cafl fuch a
Damp upon the Caufe of theFadion, as they could not bear. They
turned every Stone, executed every Invention that could be contrived,
to break this Syfiem. They bellowed and roared with univocal Noife,
not only in the City but, all over England, that Sir yoZ>;; Moor and
his Sheriff North fhould both be hanged, for their daring to invade
the Rights of the Citifens. Tliey applied to work perfonally upon
Mr. North ; for the Partymen, that were his Friends and Acquaint-
ance, and even thofe that were indifferent, came about him, wonder-
ing what he meant. What ? faid they, put yourjeif in a Place that
is dijputedi and that with fo much Rage and Fury '^ You'll certainly
X be
iJ4 The LIFE af the Honourable
be undone: All that he anfwet^d, was, Fm a Citifen, and Til ohe.
the Ctty, IJ Fm called upon an Office, the Oath, I took as a FrZ
man requires me to obey, and, bx the Grace of God (clapping his
"l7el"con" if"'* ^1^^^^^^^ very remarkable, in the midfl of all this Br.iit,
cerncd " when mofl People expeded Mu North Hiould not have come much
abroad, or have appeared concerned, if not lomewhat dubious, at a
Time when his Name was broiling upon the Coals, being the Subiea:
of all the Talk of the Town, and, as the Fadion hacl ordered the
Matter, Country to boot; yet he went about his Bufinefs, and walked
the Streets to and fro, with all the Freedom and Mirth he ufed to
fTA""' n ."''^^"'S ftirring had concerned him. It was pleafant
whilft walking with him, to fee Fellows in hafte flop at the Sight of
hini, and let him pafs by while they flared ; and, in little Com-
panies, on the other Side, People, in their Talk, looking and point-
ing towards him, as f^iying, Tbat^ He, This Behaviour was won-
dered at, and differently interpreted, according to the Compledion of
the Obfervers. The Partymen, who knew bell why they were fo
concerned to retain their dear Impunity, refled not, but were conti-
nually puOiing fome Experiment, or other, to divert him. Thev
found out his ordinary Friends, and wrote Pennv-Pofl Letters about
that they might, for his own Good, which the Writers (forfooth)
were tender of, difTuade him : And not a few came, direded to him-
lelf, in the Guife of Good-will. At length, they called him blind
Bayard, and made a flupid infenfihle Afs of him, that underAood not
what he was about. And fo this Bull-beggar Trade went on, till af-
ter the Elcdion ; which made Matter of Difcourfe, and fometlmes
Merriment, among ourfelves ; but altered not the State of his Cafe
one Jot.
Theycnjea. But one thing the Party did, which was really malicious and
r;;rA'.t;-J§^t ^-^ ^-^ an unfortu^.ate Turn upon him. ' Tl4 ;^und out
in vain. that, at this Time, he was in full Courtlliip of a Widow Lady very
beautiful and rich, the Daughter of Sir Robert Cann, a morofe old
Merchant of Briftol They caufed Letters to be fent to this old Gen-
tleman, from fome in London that he valued, intimating that his
Daughter was going to throw herfelf away upon a New-Comer, that
all People believed, was not worth a Groat ; elfe he would not a6l fj
defperately as he did; for, if he went on, he would certainly be
hanged. And the Lady herfelf was plied with GofTips ; but her Pene-
tration was not fo fhallow as their Tittle-tattle. She lodged in the
Houfe of an underflanding Merchant, one Mr. George Sitwel ; and
It IS likely, the Gentleman gave a good Account of his Proceedings*
both
^/V D UD LEY NORTH. ijy
both to his Lady, and the Merchant her Friend ; and, as it fell out, all
this Wind fhook no Corn in that Quarter. /
Not long after the Declaration of the Choice at the common Tie new shc-
Hall, there came to 'M.v. Dudley North a Summons to attend ii^y oond^'Ind arc
Lord Mayor and Court of Aldermen. He attended, and was toldfwom.
that he had been duly eleded, by the City at their common Hall, to
be one of the Sheriffs for London and Middlejex for the next Year
enfuing ; and they required him to give the common Security to hold,
or he mufl experf to be fined. He, in a fhort Speech, difabled him-
felf, as a Stranger to, and unexperienced in, Englijl.) Affairs ; there-
fore not qualified for fuch a Place : And, moreover, he heard much
Difcourfe touching the Illegality of his being chofen ; and he hoped
he fliould not be put upon an Office of which the Right was dif-
puted. He was ordered to withdraw, and foon after called in, and
told that the whole Court was very well fatisfied of his Capacity for
the Ofhce he was chofen into ; and, as to the Title, it was unani-
moufly agreed by the whole Court (the five Aldermen of the Fadliori
being then prefent) none diffenting, that he was duly eleded, and
mufl ferve. Thereupon he fubmitted ; and, having entered into
Bonds with Condition to be fworn into, and to execute, the Office
of Sheriff, he was, for that Time, difmiffed. And, when the Time
came, he was folemnly fworn, and, paffing the Forms, was allowed
at the Exchequer. And the old Sheriffs turned over the Goals to
to thefe new ones, in accuflomed Manner and Form ; wifely deter-
mining not to refufe that, for Reafons already declared in the Exa-
men, I might here mention an Attempt of the Fadlion, through
Mr. Fair dough, to make Mr. North b — te himfclf, as they ufed to
term it ; but it is particularly related in the Examen, fo fliall not
make any Repetition of it. ]
During all th^fe Turbulencies in the Public, Mr. North did not sir Robert c*nn
negledl his Main; which was to accomplifli his Match with the Lady ^^"'« his
Gunning, Concerning which, I mufl remember that, as foon as it t^^M^^u
was ferioufly thought of, I took upon me to write to Sir Robert Cann, withhis^
her Father, with whom I was well acquainted, aiid propofed the i^aughrer
Match to him, fetting forth Mr. North with all the Advantage I
could. The old Knight returned an Anfwer, and, in it, an enorm
Demand, viz, that when Mr. North had purchafed an Eflate, in
Land, of three or four thoufand Pounds a Year ( I know not
which) whereby he might make Settlements fuiiable to his Daugh-
ter's Fortune, he would hearken to my Propofition ; but none, of
lefs Ellate in Land, mufl pretend to her. . This was cold Water, and
I defifled : But, when a good Advance was made in the Lady's Fa-
vour, fhe adhering refolutely to have her Fatlicr's Cunfent, without
X 2 which
to
The Match
proceeds, and
upon wife
Meafures ac-
compli flied.
A S' ' r
His Lady's
good Nature.
Account of a
Vilit to Bri/hl.
^5^ ^ The LIFE of the Honour ahle
, which (he would never marry, Mr. North hiinfelf wrote to Sir Ro
bert m general Terms, for hisConfcnt upon making fuch Settlements
as Ihould be approved. His Anfvver was to the fame Effedl, viz
that when he had produced his Particulars, &c. Then Mr North
wrote again a Propofition to fettle twenty thoufmd Pounds to pur-
chafe an Eftate, ^c. The old Man anlwered thus, Sir, my Anlwer
toyourjirjl Letter ts an Anjwer to your fccond. Tour humble Ser.
vant, R.C. Mr. North returned, Sir, I perceive you like neither
me nor my Bufinejl Tour humble Servant, D. N. And there ended
the Correfpondence with the Father at that Time. But, in the mean
Time, he had wrote to his Daughter, to Hiew her the Precipice fhe
was upon ; going to marry a Dcfperado, not worth a Groat, and
one that would certainly be hanged.
But the old Man, at Length, finding this would be a Match, when
the Duft, raifed by Party- work, was well cleared off, fell in; and
fmce he could not have his Will in the Perfon, he refolved to have
Jt in the Settlements. So, befides what Mr. North fettled, he muft
turn over all his Wife's Fortune, of all Kinds, for her feparate Difpofe
This done, heconfented; and the Match, with a very honourable
Attendance, was folemnifed. But the Lady, whofe Judgment and
Penetration was fuperior to moft of her Sex, took Care, before (he
went to Church, to commit her feparate Maintenance to the Flames
as being, for the mod Part, a Make-bait, and never of m^ but in
the Cafes of young Folks, whofe Charadlers are not known. Any
one, that hath lived in the View of the World, as (he had done
might eafily difcern a good Man from a bad one. The many Marks'
of Family, Company, Reputation, Succe(res, {ffr. fcldom fail to in-
dicate a Man's moral Charader. Jt was almoft impo(rible, but this
Match muft prove happy ; for here were two Perfons to be joined
that were wife and fincere, and who meant the fame Thing, that is
to make each other happy. I have heard Mv, North fay, that he never
feared an ill Wife if the Woman was wife ; for then (he would go to
her Intereft; and he could make that fo plain to her, as (he could
not miftake it. The only Thing he feared in a Match, was the being
made infamous; which was in a Woman's Power to do; and there
was no Means upon Earth to prevent it. He had not heard I
fuppofe, what a Gentleman faid, who, on that Account, had parted
with his Wife. It's true, faid he, / ivas a Cuckold-, but now 1
am none, Jor I have cut off my Horns,
But to (hew how this Lady condefcended to oblige her Hu(band
after (he was married, I mu(t obferve that, contrary to her Nature
and Humour, which was to be retired, (he kept him Company in
public at his Feaftings, fitting at the upper End of the Table at
thofe
Sir DUDLEY NORTH. 157
•
thofe noify and faftidious Dinners. And it did not a little illuftrate
his Happinefs in the midft of thefe (hrieval Troubles, when the Ci-
tifens came, that a Lady fo beautiful and rich, with her belles Airs,
advanced, receiving and faluting fo much Company. But it was to
continue only for one Year; fo (he endured it. The old Knight, her
Father, came at laft to be proud of his Son; for when the firft Vi-
fit was' paid at Bripl, Mr. North, to humour the Vanity of that
City and People, put himfelf in a fplendid Equipage. And the old
Man, in his own Houfe, often faid to him, Come, Sen, let us go
out and Jlnne, that is, walk about the Streets with fix Footmen, in
rich Liveries, attending. But when he found the feparate Deed given
up, and the Furniture, (lie had there, packing away, he was en-
raged, and told her (he was cheated, ^c. He made her fo afraid
of him that (he durft not (lay in his Houfe without her Hu(band,
but chofe to accompany him over Sea to St. Brevilh, where her Join-
ture lay, though fick to Death (being breeding) rather than Itand
her Father's Difcourfe to her. But all was well at laft; as will be
told afterwards.
When all the Forms of this (lirieval In(lalment were over, Mr. ^^^y^^^ ^^
North received the Honour of Knighthood; which he would have feaftbg the
declined, faving for two Reafons ; one was the Ufage of the City, ^-^?^^''^
which the Magiftrates are commonly deliglited with, and pay wil-
lingly for that Court-compliment; and his not embracing it had
been taJcen ill of him. The other Reafon was, that his Wife might
not be fty-led the Lady Gunning; which Separation, even of Names,
he chofe to avoid. But, as to Honour and Place, that, which he
had by Birth, was fuperior. The great Alteration, vifible in the Faces
of the Citifens after this Eledion, has been taken Notice of in the
Examen. And, as the Cuftom of Feafting, lately laid afide, was now
refumed, Mr. North took a great Hall, that belonged to one of the
Companies, and kept his Entertainments there. He had diverfe
very confiderable Prefents from Friends and Relations, befides the
Compliments of the feveral Companies inviting themfelves and
Wives to Dinner, dropping their Guineys, and taking Apoftle Spoons
in the Room of them; which, with what they ate and drank, and
fuch as came in the Shape of Wives (for they often gratified a She-
friend or Relation with that Preferment) carried away, made but an
indifferent Bargain. The middle Templars (becaufe of his Relation
to the Lord chief Juftice North, who was of that Society) came
with a Compliment, and a Purfe of one hundred Guineys, and were
entertained. The Mirth and Rejoicing, that was in the City, as well
at thefe Feafts as at private Entertainments, is fcarce to be exprefied.
It was fo great that thofe, who called themfelves the fober Party,
were
lil
m
I
» ; 8 The LI FE of the Honourable
TIW^''''^^ fcandalifed at it; and lamented the Debauchery that
•had fuch Encouragement in the City; as is more particularly related
in the Examen. It is however certain that Mv. North, who had a
feet of servants as good as he hoped ever to have, found that the
loofe Living, during the Shrievalty, had fpoilcd them all ; and he
could not keep one of them after the Year was ended.
ThrTroul.'e, I Omit the Share he hid in compofing the Tumults about burning
during ,hc the Life of the Lord Keeper North. Neither is there Occafion to
Vear. fay any Thing of the Rife and Difcovery of the Rye Plot, for the
fame Reafon. Nor is my Suhjecl much concerned with this latter
n vf ^^''"/^''i '^^ Confpiratois had taken efpecial Care of Sir
Dudley North For he was one of thofe who, if they had fucceeded
was to have been knocked on the Head ; and his Skin to be fluffed'
and hung up mGuddhall. But, all that apart, he reckoned it a
great Unhappinefs that fo many Trials for high Treafon, and Execu-
cu"''a- '''yP^" '" h'' '^^^'■- However, in thofe Aff.irs, the
Sheriffs were paflive; for all Returns of Pannels, and other Difpat-
ches of the Law, were iffued and done by the Under-officers; which
was a fair Skrecn for them. They attended at the Trials and Exe-
cutions, to coerce the Crowds, and keep Order; which was enough
wi'fh h^ r • I '"'"" i^'^f ^" ^"'"'y ^"-"^ ^^y that, ftriking
with his Cane, he wondered to fee what Blows his Countrymen
would take upon their bare Heads, and never look up at it And
indeed nothing can match the Zeal of the common People to fee
Executions. The worft Grievance was the Executioner coming to
him for Orders, touching the abfcinded Members, and to know
where to di/pofe of them. Once, while he was abroad, a Cart, with
lome of them, came into the Court-yard of his Houfe, and frighted
his Lady almoft out of her Wits. And (lie could never be recon-
ciled to the Dog Hangman's faying he came to /peak with his Ma-
A4-n """", ^"conveniences that attend the Stations of public
MagKtracy, and arc neccffary to be born with, as Magiftracy itfelf
IS necel ary. I have now no more to fay of any Incidents durin ^"^ ^^^'""'^^ "P h'5 Charges
to his Succeffors in hkc Manner as he had received them from his
Predeceffor; and, having reinftated his Family, he lived well and
eafy at his own Houfe, as he did before thefcDifturbanccs put him
out of Order. '■
Chofen AUcr- The next public Station, he had. was that of Alderman of Ba-
^^^^^;f^\(ingbail .. which he lived He came in firft by Eleaion. and, af-
.h. Peace. ter the Charter was feifed, he held on by Commiffion. This brought
Jiim into the Court of Aldermen, and gave him the Authority of
a Juflice
S'tr DUDLEY NORTH.
M9
a Jufticc df Peace. That Office fell out to be more than ordinary
troublefome ; becaufe, i^i the Difcovery of the Rye Plot, it had ap-
peai^ed that the whole Confederacy refted upon a conventicling Foot,
Whereupon the King did not intend that Courfe of Connivance,
which had given them Means of doing him fo much Hurt, diould
continue j but ordered the Magiftrates to do their Duty, as the Laws
required. The Informers had Encouragement enough; for they had
a third of the Penalty paid as it was levied; andConftables were al-
lowed for their Charges, or Time fpent, in making the Levies: And,
fince they were invited to the Employment, there were enough to
bring Bufinefs of this Kind to Juilices of Peace, for the Time it
laftcd, all over England ; efpecially in London. And of this he had
a full Share; and as to the Troubles, Lofs, and Scandal, that was in-
tended to have been brought over him, and his Family, for what he
did in that Capacity, another Place will foon declare.
It is certain that he took very little Plcafure in this Oflice ; for, \\\.^ ^\\^ Be-
whenever People came with Bufinefs, and, as their Way is, to 'saviour a«j a
wrangle and Icold before him, he ufcd to fit attentively (as ihey ^H^"^ ^ ^
thought) obferving them. When, in Truth, he was watching for
Handles to get rid of them; and if he found any, he was moft
rigorous in not exceeding his Authority, and made the bcfl of his
Pretences to drive them all away. As, for Inflance; upon Com-
plaints for Breaches of the Peace; if he found out that an Adlion
of Trefpafs, or Battery, lay, he fent them flraight away to the
Law; and he was far fiom being good to his Clerk, by foiwaid and
frequent binding over. But yet, in Cafes that he thought belonged
to his Office to order in, he never formalifed, but determined as the
Law required. He ufed to fay he did not undcnland, when Bufi-
nefs came properly before him, what Choice he had, as fome Folks
expeded, to meddle, or let it alone. But he never went an Hair's
Breadth out of the Way, to trouble, or grieve, any Body.
But now, as to what he did in the conventicling Bufinefs, I mufl His Dciling
crave Leave to extend my Relation, beyond the two Kings Reigns, "v*^'^?m^s
whom he ferved, into that of King WiUiam and Queen Mary^ and "^
even beyond the Thread of his own Life. For the fame Spirit,
that gave him fome Trouble while he was alive, when he was gone,
continued to trouble his Widow and Relations that he left behind
him. But, to give the Devil his due, it was not wholly a Spirit of
Malice and Revenge, but of Covetoufnefs alfo ; -and that, perliaps,
had the greatefl Share. When Informations of Conventicles came
before him, he took the Examinations, and made the Convidions
as the Law direds, and then gave out his Warrants to the Con-
lUbles to levy> who, having raifed the Money, brought it to him,
and
P.!
Vi'
i6o
The LIFE of the Honourable
and he firfl fet off the Charges, and then gave one third, of what
remained, to the Informer, and another to theConftable to the Ufe o
the Poor, and the other third he kept in his Hands to be anfwered to
the King. And of all this Proceeding he kept a Wafte-book referring
to the Informations on his File; and, at fitting Times, part the Sums
into his Journal and Leidger; and, of all Payments, kept fpecial Ac-
quittances.
ThePro-cftof This Trade lafled about nine Months; and then abated ; and, at
conventiding the Death of King Charles the Second, wholly ceafed; and, at
**"^^* that Time, there refted about one hundred and fifty Pounds, in his
Hands, of what was due to the Crown. He was not aware of the
common Ufage of the Juftices, to pay this Money to the Clerk of
the Peace at the Sefiions, and knew not well what to do with it.
At length, being with my Lord Rochejier (who, then, was at the
Head of the Treafury) and acquainting him with it, defired his Di-
rcdlians what to do with the Money. His Lord(hip bid him pay it
into the Exchequer, and ftrike a Tally of Difcharge for it; which
he did ; and the Tally expreffed the Sum, and the Times between
which it was levied. This was the beft Acquittance he could have
had for it. After the Revolution, the Fanatics were rampant, and
made a full Account to meet with their old Friends in the Irregula-
rities they expeded to difcover to have pa/Ted in the Proceedings
againfl them. Among other Heads, this of conventiding Money,
due to the Crown, and funk by the Juftices of the Peace, was one.
And makijig Account alfo that, in the Returns and Entries of the
Clerks of the Peace, they fhould find them all out, they fearched all
thofe, and comparing their own Payments with the Books of the
Clerks of the Peace, it appeared that very great Sums were wanting,
and, as they concluded, were funk in the Hands of the Juftices.
And, in fober Earneft, as to fome, the very Truth was fo; whereby
thofe Juftices became obnoxious. After they had finiftied their Ca-
talogue and Extrads, wherein Sir Dudley North had the Honour of
a Place for above one hundred Pounds, they converted the whole
to a Prnjedt, and, taking in fome Courtiers for Shares, got a Grant of
thefe Monies; and then fet up an Office for Compofitions. They
fent to all, th:U were, in their Lift, peccant, to come and compound,
or they would be prokcuted in the Exchequer. And of diverfe of
thefe Sinkers, or carelefs Juftices, that had never minded their Charge,
they got confiderable Sums of Money.
TheCaufc As for Sir Dudley North, thev concluded they had him faft; and
Hcadrg c? '" ^^^"^^^ ^^'^ ^^^"^X Matter, they ftiould difgrace the pretended Man
giina his'wi- of Honour; for he was fo thorough-ftitch as never to have paid in,
aZiird"^ to the Clerk of the Peace, one fingle Penny of all the great Sums
levied
|M' !
\x Kohtn Ca-.H
and, upon the Matter of Singularity and Non-corruption in his Cafe, ^|7'"°p^^
we comforted the old Gentleman, that was ready to die for Fear; b-t al'cri":^ i>ic
affuring him that, in the End, he could not be convicfted, becaufe he 0:'t, ciicd.
did not exprefsly ad". But that did not quiet his Mind. Soniewliat
mufl be done to foften the Lord fe fries towards liim. Thereupon
we rcfolved to go with him to his Lordiliip, and make the belt
Weather we could; which we did. And, it filling to my Share to
be the S[ okefman, I extenuated the Matter as it dcfcrvcd, arid begged
his Lordfliip's Favour and Excufc, fo tliat Sir Robert mi:.ht noi he
profcLUted. The Lord fefrics ftared upon us, and talk'.d a t>;reat
deal of the Enormity of tl:ie Offence, and what Punifliment it de-
lerved for Example's Sake. At laft, he came round, and for thcfe
two
-t I
In the Cuf.
toins juft to
i66 ne LIFE of the Honour ahle
t-wo Gentlemcm Saies, Md he, 1 far^on mi for this Time- but ^.
your ,c.v.. an. Jin no more, le/i i ^orf/tbd^ come untTy'ou 4,
conned our Tha.iks, and came away witi, our i?r,}?,/ Knieit a Zt
better cheared He paffed about a Fortnight with h is fc '
continually dol.hng her Husband. But, although his FeaVs of h *
Law. or rather of my Lord Jeffria, were removed, yet h^^ Spi its
were fo ro.led w,th this Expdition, tliat he never hJatiyenioved
. 11'!"^*='* i'/'^'-- , We obferved, and wondered at, the Alte ation o7h
Diet, fl.s Cuftom was to drink Sherrv, Morni^a Noon and N^.K^
but now he took a Fancy to his Son's fmali Beerr'of whi'ch he drtk
extravagantly, and drank little or no Wine • and wonH^rfnli T)\
he was with his new Diet and was n,uch":o'ncertd t d ^ott ^d
. It out before; for he had fcarce drank a Drop in {^vt^n Yp.rc R^
Nature ^vould not long bear fo g,vat a Change^, efp clliy ^the de
cl-nmg Way, whereupon, foon after his Relu n to Br/zJ he died'
He was neither very old, nor valetudinarv • and L Z h.A r j •
many Years. But Journies, Troubles, and Perplexities are not f
good Regimen for an old Gentleman of that Conditfon '
~mMuiMo „ ^^ "\"'l"T '"''^ °"' ^^y by the Cuftom-houfe and obferv.
.he fiir Tud- the Condua of our Commiffioner there. He was entirdv f!,-.fi !
wuh the Employment, becaufe all the BufinS^oT it, T Ide and In
fpeftion of Men in their Dealing, whether clear or refeTved fincere'
or fraudulent, and all the Concerns of Navi^tion .r,Tn
with the Arts and Subterfuges rela ing thereunto "e- ^T"'''
him ; and all the Difpofitions^ and MefhS of Sn^J ''""■ '°
Manageries, with the'^ftrid AccountX b longe'^TtS If the'
fureft Means to obviate Frauds, were in the Calendar JhiDav
Labour, and pradifed accordingly for many Years So thnt hP ^"
ver was at a Nonplus, but readily f,w his Way throu..h tS a^'
tncate Meanders of Cuftom-houfe Bufinefs He a 2d r'T^ l""
was juft and equal to both Merchants and Officer He encl'"' ^4
fair Traders ; which was befl done by fittint as he diH TT'^"^
the Skirts of Smugglers For if Cmfn^ K°' -aI r ' ^""'"^ "P°"
by others, it folloJ^ that, b;\;ei?"f^^rg cSr ^tl^T '"'""'
undone. By his Adherence t'o this, and o^h J appT;vc ble MetLr
S" Tmuff "o hr^"''°'V^ and Reputation in t'i'at ^Svlncf ''°'^*
i5Ut, 1 mult obferve withal, that, toeether with .,11 fh;c V
S te'r. ^oneT''"- ' H°-' ^^^^^^^^ '^^ M-I-' rl'l^^er \aTif!
nea, tne toui ones joined in a common Crv A^xuna k;.v. /
wonder, when he Jas to them a Rock of K£ ' id "j th" r"'
venue, a Skreen againft their Frauds. It is tiS conftanr Pr .^r
-ove every Stone, to get rid of a good Offic^ whl '"o Ss^.^^
blind.
Smugglers
combine to
accufc him.
.f;r D U D L E Y NORTH.
i6j
blind, nor Corruption infed. Such a one is a common Nuifance;
and if Calumnies, Lies, or any indirect Means, will confound him,
they have a Magazine that will hold out. And, in that Age, when
Parties raged, he being eminent on the one Side, the Smugglers took
into the other, and talked of nothing but Illegalities and Oppreflions,
endeavouring, among the anti-court Party in the City, to make him
thought the vcrieft Tyrant upon Earth, and no better than a "Turkijh
Badia ; and how far they went towards it, fliall be touched. In the
mean time, it was manifcft, that all thofe, who appeared publicly
to charge him, were the moft notorious Thieves of Cuftom in the
whole City ; and very few of the fair Traders, and thofe upon ac-
count of factious Spleen only, joined with them.
He was Author of diverfe new Artifices to obviate Frauds, and ^ ^'T^^l'^lT"
Joined willingly in others that tended to the fame end, whoever pro- Abufcs in the
pofed them. It may be expeded, that I fhould produce fome In- Cuftoms.
fiances of thefe, becaufe they were diftinguifhing, and would tend to
the Juftification of his Management. But, however, at the time, I
was well enough poflefled of diverfe of them, I cannot now trufl my
Memory ; nor have I Accefs to public Memorials, or other Means to
recolledl them ; but, that they were confideraWe, what follows may
evince. After the Revolution, when all his Enemies thought them-
felves Favourites, and had full Liberty to bring forward all Matters
of Complaint they thought would reflect upon, or any v/ay hurt,
him ; the horrid Abufes in the Management of the Cuftoms, was one
Topic exaggerated, in order to fall lieavy upon Sir Dudley North.
And, all that while, Sir Nicholas Butler refted in Peace. This went
fo far, as to be carried into the Houfe of Commons ; and thefe a
Committee was appointed to examine and report thcfe Abufes. A
new Set of CommilTioners, at that time, had been put into the Cu-
iloms, who were raw and, whatever they thought of tliemielvep,
knew very little of their Work. Thefe had the Preeiriinence at the^
Committee ; they fat often, and made a great Noife with their Ex-
aminations ; during which time, Sir Dudley North did not come near
them, nor fcarce asked what they did. At laft they made two great
Difcoveries; one was, that they knew but little of the Buhnefs tiiey
had taken in hand, and could fcarce come up to an Undeiftanding of
what the Merchants dii'courfed about the Cuftom-houfe Affairs. For
that Colledion is fo vaft, multitudinous, myfterious, and, by various
Laws, perplexed that, as of a Profefiion, it requires the Life of a
Man to be Mafter of it. I have heard Sir Dudley North fay, that the
Revenue of the Culloms was made up of little Particulars; and that
a Neglcd of the Icaft thing is an immenfe Lofs. What is to be faid
then, if Ignorance, Negled, or perhaps Knavery, runs through the
whole ?
1(58
Tke LIFE of the Honour able
lira. "
%
11
whole? The Public feels, though it knows not, the Confeqiience-
But the other great Diftovery was, that nil thofe Regulations, com-
plained ct, were both legal, and reufonable to be (as by even theni-
Iclvcs they were) continued ; and by the fame Degrees as Light, con-
cerning thole Afhdrs, came into their Eyes, they difcerned the Pru-
dence or the former Commiffioners. And fo all this Buftle, which
vvascarntd on with Threats, and other Tokens of III- Will, to Sir
BuJ/cy North, v^ ent off without any other Effedl than his JuAifica-
tion TIjLs was the firft Stroke his good Friends, the Fanatics, after
the Kevolution, made at him. But others were intended, and, in
thcjr Time, furiouily profecuted as far as thev would go. Whereof
lome, however roundly contrived, dropt Ihort ,' as, in the Sequel, will
be declared. ^
ZiL^r v^^'" ^"'.^"ll'S""' '" thisCommifllon. none adled with fo much
and his en-ay. ^ 'S°"'' as Sir Nich. Butler. The next beft of them was one Mr
ing at Algebra. /J/f/t^/T/w;, who, as I remember, was a Commiffioner Sir Jolm
Werden'^^s fo far from ading, that he did not pretend to imderftand
what pafled at that Board. He often leaned to Sir Dudley North, and
laid he did not oppofe what was determined, but defired to be made
underltand it ; and thereupon, in a few Words, he ftruck him a
LAght. The Advantage Sir Dudley North had by this Gentleman's
Company, was the learning of him a little Algebra, at which he was
. a uottor. So, at Times, when they had Leifure, they two were bufy
at Flus and Minus, Convolution and Evolution ; and Sir Dudley was
extremely pleafed with this new kind of Arithmetic, which he had
never heard of before.
But, in this Cuftom-houfe Employ, one great Concern was, to
comport with Sir N,ch. Butler, whom he knew to be fo well fuf-
tamed, that to break with him, was to break the Commiffion. There-
tore, although fir from joining in all Meafures with him, yet, if he
brought the lupenor Authority over the Commiffion, they muft all
reft fatisfied He did all the Service he might, and then thought
himfelf abfolvcd. It was no fmall Difference in their feveral Methods
of proceeding that, \i Butler put in an Officer (for the Commif-
fioners took that in Turn..) and lie were found faulty, Butler fup-
ported h.m and contrived, by all the Ways he could, to fetch him
ott. liut, ,f Sir Dudley North put in one who proved peccant, he
iL'^t rT 'c' ^^^ ,""'' '^'-■'■"^ '° "'^P°''^ =»" D U D L E Y NORTH.
171
and done fince the Queftion, to cover the Profit of the Farm. The
King was told of this, and would not believe it, till Sir Dudley North
hinifelf came; and, having the Books before the King, by Tokens
which could not be contradidled, fhewed that it was fo. Whereupon
the King determined to diflblve the Farm, and turn it into a Ma-
nagement ; and Procefs was to go on in the Exchequer for it. But,
before any great Advance was made (for great Perfons and great
Things move flow) the King died, which ended all that Afl?air.
I am not certain whether my Lord Rochefipr was then in the Com- The Lord ro-
miflion of the Treafury, or not; but rather think that Sidney (fince '■^"/^. 'cf-i.^-
Lord) Godoipkin was then fi;{l Commiflioner, and the Lord Rochefter very. '^ ^^^'^'''
Secretary. But that Matter is not in my Defign; nor is it to the
Purpofe, to any Matter here related, to recoiled. It was not be-
lieved that, in granting this Farm, he was corrupt; but that he was
impofed upon by the fubtile Farmers, who cafi: Mifts before his Eyes,
and, by fuch a fair Propofal, as that of the Books was, while they
craftily concealed this Piece of Art (by a blank Column) made him
believe that they could not be fo brafen as to prove themfelves, by
their own Books, to have been falfe to him and the King, as was con-
cluded when the immenfe Gains, they muft have thereby, appeared.
Bat, for all that, his Lordfhip flamed, neverthelefs, as if he had
been charged with all the Corruption and Treachery in the World;
and never after heartily forgave the Lord Keeper North, who, he
fuppofed, mufl: fay fomewhat of this Difcovery to the King, nor Sir
Dudley North 'y though, afterwards, in the next Reign, he held fair
with, and ferved himfelf of, them both, but without a Grain of real
Friendfhip. It is the Nature of Courts to make Religion of Com-
binations; and, without Regard to Duty towards Superiors, the
Words for and again ft only take place, and govern the Extremes of
Rage or of Friendfhip, Ruin or Favour.
There was an Incident which concerned the T'urky Trade, or ra- ^^ *^*^ '"^^''"
ther Trade in general, which conduced to give the King a good Opi- whh'^t J'^^*
nion of Sir Dudley North ; and that was his Condudt, in regard to ^«^*^»
the Scheme of interdidling Trade with the I'urks: The Hifl:ory of
which, with the treacherous Defign of thofe that propofed it, is fully
fet forth in the Examen\ fo I (hall make (hort of it here, and confine
myfelf to the Part our Merchant aded therein. When his own Rea-
foning, and that of diverfe other Merchants, againft this mad Pro-
pofition, was not regarded, and there Was an EmbafTador upon the
Point of going out, and Letters were to be wrote, it was not known
but fome mad thing, or other, might be done. To prevent all that
a.t once, Sir Dudley North acquainted his Brother, the Privy Counfel-
Z 2 lor
-t
The Matter
fct right at
172 Tloe LIFE cf the Honour ahJe
lor, with this defperate Defign, and wi(hed him to take care, in time
to prevent it.
My Lord Keeper North was fenfible of more than was obvious,
. even to the Community of the Merchants themfelves ; of whom many
D^^NmJs " ^*^ ^^^ fufpecfl a fadlious Defign. He went to the King, and, as
Means. from his Brother, unfolded this Machination againft him; and the
King brought it to the Council; whereupon the Turky Company
were fent for, and ordered to refcind all they had done : And they
went to their Court, and did accordingly ; as is more fully related in
the Exameji. But of this Paffage no Memorial, in our ordinary No-
tices, remains ; for it was the Method of the Fadtion, when any of
their Attempts mifcarried, to hufh them up, fo that nothing of them
may appear in Hiflory.
HisAnfwcrin The Merchants, at this Court of theirs, fpent a great many Words
the Tttrky reflediug on falfe Brethren, that difcovered the Orders of their Court
that, till notified abroad by Order of the Company, ought to be
private. Sir Dudley North knew they pointed at him, and flood up,
and faid that if any Man there^ that owned himfelf an Englifhman,
and either would be paj/ive and filent, while the Inter ejls of his Coun-
try were going to wrecks or^ being fummoned to attend his Majefiy^ not
anjwer truly to what was demanded of hiniy he would reply ^ that Man
was both a Fool and a Knave, therefore, if any Shame came to
them^ they may thank their own bad Orders, and let thofe alone who
fought to prevent the ruinous Effedls of them. This Blufter fliewed,
that he was too big to be played upon amongft them ; and fo all
palled away in Oblivion. A third Incident, which ftrangcly recon-
ciled him to the King's good Opinion, was his foretelling the late
Defcent of the T^urks upon Germany : But, as the Particulars of it
are already fet down in the Examen, I fliall make no mention of it
here.
But thefe, and other Obfervations, which the King had made of
Sir Dudley North's Capacity for Bufinefs, inclined his Majefty to call
him up from the Cuftoms to the Treafury. So he was put into that
Commifiion, with a Salary of One thoufand i\x hundred Pounds a
Year, with the Addition of what he efteemed as much as the En-
creafe of Salary ; which was the Enlargement of his Time ; for now
he had a great Share to himfelf: Whereas, in the Cuflom-houfe, the
Attendance was daily ; and no School-boys ever made more Account
of Holidays than they did : And, moreover, what with Projeds, Efti-
mates, Pennings, and other nice Employments, as Orders of the
Treafury, which came down to them to difpatch, not to mention the
many extraordinary Attendances, they could fcarce call the Afternoons
their own. And the Bufinefs itfelf did not lie fo hard upon him as
at
73
Placed in the
ConrimifTion
of the Tr«ip
iurj.
5Vr D U D L E Y NORTH.
at the Cuftom-houfe 5 for the Chief in the Treafury commonly takes
all upon him ; but here he was almoft the only Workman in the
Commiflion ; for Butler could talk enough, but had no Pen ; and the
reft, for the moft part, were, as the wonderful Way is. Knights and
Squires put in for Favour.
Sir Dudley North had not been long enough in Commiffion to be The Navy an
fignalifed for any thing, that could fall to his Share to ad in the p'J'^' to the '
Treafury, before the fatal Demife of his Majefty. He had an Op- Revenue,
portunity to (liew his Knowledge in the Marine, by informing the
Board touching the Abufes in the Management of the Royal Navy,
and the multitudinous Fraud that corroded there. It was ufual for
the Commiflioners of the Navy to come to the Treafury Board, and
demand Supplies of Money to be imprefiTedfor the Ufe of the Navy.
While Sir Dudley North was at the Board, the Navy-Men came on
their ufual Errand, and the Lords thought fit to demand of them,
how that Money had been applied, which was imprefled the laft
Month. The Commiflioners of the Navy anfwered, that they were
accountable to the Admiralty, and not to their Lord(hips ; and all,
that they had to do at that Board, was to inform when Money was
wanted, which their Lordfiiips might fupply, or not, as they thought
belt for the Service of his Majefty and the Nation. But, if the Navy
was not fupplied, whereby the Service failed, it muft lie at their
Lordlhips, and not at their Doors : And, in this Way, they per-
fifted. The Lords were very angry with them ; for, in ftridnefs,
grant them accountable to the Admiralty, yet they might be fo civil
as to let the Treafury know how the Imprefts had been applied ;
whereby their Lordftiips might be, in fome meafure, fatisfied that
their Demands were not exorbitant ; and they were told plainly they
muft foon exped Orders from his Majefty, who (hould be informed
of their Behaviour, and that it ftiould be no more in their Power to
difpute the Demands of the Treafury. I have heard Sir Dudley
North fay that, if fome potent Check were not had over that Ma-
nagery, it would foon degenerate into an infupportable Pack of con-
federate Knaves : And that, at prefent, it had no Bottom, nor was it
eafy to have any Account of their Condudt ; for they ftuck together
as Men in a Veflel, that were to fi 11k or fwim all at once. And, if
Money were blindly fupplied, as faft as they would call for it, the
Revenue of the Nation would be too little to anfwer them j and yet
no more Bufinefs ftiould be done than they fliould think fit. And he
verily believed that, if any Man had an Afcendant, and Power to
corredl them, if otherwife they could not get rid of him, they would
knock his Brains out.
ThLs
\bi * 11
•ill
fi
^74 7"^^ /"- ^ FE of the Honour ahle
Gp'Dn^ns This, and diverfe other good Works, in the Way of reforming
^'v^eT-iVtheMetl,^^^ of dilpcnfing ^.e K.n.'s Revenue, had been S^™ ff
Death. his Majefty's Demi (c had not prevented. It was not long befbre
.fhat difmal Lofs, that the Kin'^ caire into the Treafury Chamber to
fettle Manitenances for his Children, whom, as he told hisCominif-
fioners, my Lord Shaft jhury had declared he expedled to fee running
about the Streets like Link-B )vs. And he, having a Mind to tiniih
his new Hoiife at WinchejUr in a fhort Time, thinki:.g that Air to
-be better for his Health than IVindlor was, caufed Sir Chrillopber
Wren, the Surveyor General of his Building.., to attcid, and prefTed
him to fay how foon it might be done. Fie anfwered in two Years
The King urged him to fay if it might not poflibly he done in one
y^:ix, Tes {a\^ the Surveyor General, bu nut Jo well, nor without
great Confufion, Charge^ and Inconvenience; and ho- v ever diligent
they were, he feared Dilappointments would happen. Well.iM
the King, if tt be pojfihle to be done in one Tear, I will have'it lo-
Jora year ts a great deal in my Life, By fuch PafTages as thefe!
one would think Men had Prefagcs of their latter End ; at leaft by
this, that his Majefty had ; for he lived not many Weeks after
And what elle fliould make him fo folicitous for Time and Pofle^
Jity.?
i^uy^y^mes Then camc the fatal Crifis of the King's Death; of which and
ii.procia.m.]. of the inexpreffible Sorrow, that appeared in all Mens Countenances
throughout the whole City which was as a Family that had lofl a
common Parent, I (hall fay nothing here, having already related the
Particulars of it in the Examen, After it was too lure, the great Of-
ficers under the Crown affembled, and took Order for the Requifites
Of which the firft was to proclaim the SuccefTor (before Duke of
Tork, now) King of England, by the Name of famc^ the Second
.Sir Dudley North and myfelf, on that Occafion, having nothing to
.do as Adlors, went about, from one Place to another, as Spedators
When all Things were ready for the Proclamation, at Whitehall
Gate we went up the Banqueting Houfe Stairs, and got out upon
the Leads, and there, lying along upon the Coping of the Balufters
we heard the Proclamation read, and were the firft that waved our
Hats, and reared the Cry. But whether we were fo much obferved
below, as we fancied, J know not.
Lox^v^ochejlet ^heu came out the Proclamation, that all Magiftrates and Officers
Xo.H Treaiu. ftiould continuc in their Places and Fundions, as formerly they held
Nlrtl\Zr ^'^\ ""^^^^ Provifion were made. Conlequently Sir Dudley North,
Caaumsa- being a Commilfioner of the Treafury, met with the reft for Form
gain. But they pafTed their Time in eafy Difcourfe, and did no Bufinefs *
for It was little leis than declared that the Treafury white Staff
would
JVr D U D L E Y NORTH.
I7J
would be, as accordingly it foon was, put into the Hands of the
Lord Rochefier, Thereupon Sir Dudley North was dropt, and, with-
the DifTolution of that Commiflion, fell from all public Employ-
ment. But as it was not in his Nature to be idle, or to live v^ith-
out Defign, fo now, being Mafter of his Time, he fell in amain
upon the T'urky Trade; for which his Houfe had exquifite Accom-
modations. He bought up a great deal of Cloth, and had Rollers,^
and other Conveniences for viewing it, put up; and very bufy he
was. But the Court wanted fuch an Officer, and foon put him by
his Trading; for my Lord Rochejler, then Treafurer, fent for him,-
and told him he muft go into the Commiffion of the Cuftoms. He
took Time to advife, and deliberated with himfelf and his Friends,
whether, having been laft in the Treafury, he fhould now go lefs.
But, upon mature Confideration, and Conference with his Friends,
he determined not to refufe. He reputed that Scruple a ceremonious*
Vanity; that, in the Cu ft om houfe, he was at home, and theBufinefs
familiar, and fo far eafy; and thereupon he undertook that Commif-
fion once more. This Inftance, and that of his Brother, the Lord
Keeper North, have given me Occafion to refled upon the different
Cafes of Men in Preferments, and how much better it is to rife
upon Account of Merit than by meer Favour; for it gives a Man full
Power to be juft and upright^ Want of Merit muft be fupplied by
Flattery, Compofitions, or Proftitution. When Men are chofen, not for
Good to themfelves but, for the Good of thofe that choofe them,
they have a very good Intereft, as it is called, and not eafily fhaken.
Sir Dudley North being again fettled in the Commiffion of the Chofe into
Cuftoms, and a Parliament being called by his then Majefty King ^'^^^^'^'^"^^"f
Jatnes the Second, it was thought fit he fhould be chofen to fit in and managed
the Houfe of Commons. And ho^vever, as a Commifiioner of the the Revenue
Cuftoms, he might have been chofen at fome one of the out Ports, ^^^^^"^^^"^
yet, to make Room for another of the King's Friends, he chofe to
lerve for the Corporation of Banbury where, on Account of the. young
Lord Guilford's Truft, he had a fure Intereft. And I have to obferve
of his Behaviour, the very firft Sefiion of this Parliament, what is
more than one would expedt. For although he was bred in Bufinefs
abroad, and had little Experience in the Affairs of England, and in
Parliament none at all, yet he took the Place of Manager for the
Crown, in all Matters of Revenue ftirring in the Houfe of Com-
mons; and what he undertook, he carried through, againft all Op-
pofition, with as much Afllirance and Dexterity as ii' he had been
an old battered Parliament Man. That a Supply, or Aid, be given
to the Crown by the Commons,, at the Entrance of a Reign, is
commonly expected. So far was agreed on by moft} but it was net
thought
yi
1 !|
176
Propofes the
Duties on Su-
gar aiid To-
bacco.
The great Op-
pofition that
Tax met with.
the LIFE of the Honourable
thought fit to overdo in giving an Encreafe of Revenue, for fear ill
\](q might be made of it for Popijh Defigns; which Jealoufy created
abundance of Difficuhies. There were not a few that were againft
all Supply till Satisfadtion about the difpenfing Power, and better Se-
curity was given for the due Execution of the Tefl: and penal Laws.
So that all Supply whatever went much againft the Grain ; and all
Obftrudlions, that could be thought of, were injedted to hinder it.
On the other Side, the Court made no extravagant Demand, and
feemed defirous that what was given, might be as light and eafy to
the People as was pofTible. Diverfe Propofals were made, fome for
a Land Tax, on Purpofe that the Duty might be unpopular; fome
for a Tax upon new Buildings; and others had their Projeds, which
they had Uttle Reafon for, but only in Referve that they were like to
come to nothing. Sir Dudley North took a flria Account, of all
the Commodities in Trade, from the Curtomhoufe Books, and confi-
dered which would beft bear a farther Impofition : For if Commo-
dities are overrated, it amounts to a Prohibition. Atlaft, bethought
fit to propofe a Tax of one farthing upon Sugars, and one half-
penny upon Tobacco imported, to lie upon the Englijh Confump-
tion only, and not upon the Export ; and this, as he eftimated, would
yield the Sum expedied ; and would fcarce be any Burthen fenfible
to the People. In (hort; this Tax ^as approved, and voted at
the Committee, and a Bill direded, which was drawn up, and
brought in.
It came not thus far without much Oppofition and Contention ;
and Sir Dudley North was forced to fland the Attacks of a numerous,
and valuable Party in the Houfe; fome fufpedling his Integrity, and
others his Underftanding ; but he flemmed them all. After the Bill
was brought in and read, and Copies went abroad, whereby the In-
vention was known, there was a general Mufler of Noifes, and Cla-
mour, from all Parts of the Town, not only of Merchants Importers
but, of Confumptioners, Retailers, ^c, raifed up againfl it, as if
the utter Ruin of all the Plantations was to follow ; and all Trading
from thence, and all Dealing whatever in thofe Commodities, were
all to be confounded at one fingle Stroke. One, that lived in that,
and in this Age, mufl wonder that, in Matter of Taxing, the one
fhould flrain at a Gnat, and the other fwallow Camels. The Pretence
of the Tradefmen was that, in the End, it would be found to fall
upon the Plantation Trade, and to tax the Export, as well as the
home Confumption. For although it was pretended that all Goods
exported, being unaltered, fhould take back the Cuflom of fo much,
the Practice would be fo puzzling, and trouhlefome, at the Cuflom-
houfe, that Men would rather quit, than lofe their Time about
it:
Sir T>\]DLEY NORTH.
177
it: And then, a Rife of the Commodity at home would lefTen the
Trade, fo as it would not be worth their while do deal in it; whereby
the Plantations mufl fuik. And a Parcel of Grocers, Sugar Bakers,
and Tobacconiits alfo came to my Lord Treafurer, and declared to
him pofitively that, if that Bill pailed, they would trade in thofe
Goods no longer. This flartled hisLordfhip; and he ordered them
to attend the next Day, intending that Sir Dudley North fhould be
preicnt; and he was lent to accordingly.
At the Time, there came a great Mufter of the Tradefmen ; and jh-T-ad f-
diverfe of them talked one after another, and all concluded it to be rv.n coa-
their common Refolution, if that Bill pafTed, to trade in Sugars and ^-"•'♦^-'^^•
Tobacco no more. Sir Dudley North flared at them, and admired
their Impudence in lying fo brafenly. At lafl, my Lord Treafurer
faid, Sir Dudley North, iv bat fay you to this f My Lord, faid he, /
dejire only to ajk them a ^ejlion. Then, turning to the Chief of
them, 6'/>, faid he, if one comes to your Shop to buy Sugar ^ will you
fell any ^ The Grocers, on a fudden, anfwered yes. Then^ faid Sir
Dudley North, if you ivill fell, Tm fure you II buy-, and fell a
laughing. Then again he afked them, whether, if they could get
Money by Trading, they would not trade ? To which they could
not tell what to lay. Thefe Stabs made them look woodenly upon
one another; and the Ferment feemed to- be laid. They did notex-
pedl the Queflions, and could not on the fudden qualify their An-
fwers, and fo were caught. My Lord Treafurer was fatisfied they
were a Parcel of Party Knaves that came to hinder the King's Bufi-
nefs; fo the Bill, which had like to have been given up, was deter-
mined to go on.
In the pafTmg this Bill, the Work lay vvholley upon Sir Z)^^, a mortal Obfhicle, out of
the Way ; what ihould hinder the c;reatSeal from fending forth Com-
miHions, not only of War but, of Peace and Lieutenancy, with non
obllante\ ni the Body of them, againll the TeA Laws? And fo it
was; Perlons unqualified came into all Commifllons. And what
general Diicontcnts this made, if not remembered, may eafily be
conceived. The next Work was to make fair Weather with a new
larhament; ai:d, in order tliereunto, to get Members chofen that
would comply, and take thofe troublcfome Teds out of the Way.
The Englijh Side of this famous Managery (for what Foreigners
were concerned, or how, I know not) was the fmious Triumvi-
rate; the Lord Chancellor 7#r/Vr, the Lord Sunderland (who they
lay, as a poor Penitent, knocked at the Mafs Chapel Door, and was
reconciled) and Sir Nicholas Butler. The Methods, thefe took were
partly local, and partly perfonal. The local Part was to be executed
by regulating, or rather corrupting. Corporations, that had Right of
Jiledlion, by putting, out and in. Mayors, Recorders, BurgefTes, ^c
and where they were (liff, by coming upon them with quo ^Varran-
to s, and the Terror of Charges. Thofe, that would furrender, and
renew ad Normam CurUc, had Peace. And, for this End, they had
Runners up and down, who were called Regulators; and the Com-
mittee of the aforefaid Counfellors, were called the Committee of Re-
gulations. As to the Counties, thofe were too big to be thus tam-
pered with, and were left to tiic fecond Scheme.
2. Perfons. I (liall pafs by the Office, required of the Lord Lieu-
si.iw/., wm"?; I] "'p'^'.^l '^/ ^^""r'^ 'II ^'"^ ^''^^''''^ '°"^^^^"S their good
6'sCan/ J^^^^ ^° ^^^>s Projedl, fuppofing all the Country Commiffions would
in u. be regulated accordingly; and come diredly to Court; where it was
ordered that, in each Miniftration, the Chief fliould catechife the
Lnderiings, to know who were willing to repeal, and who not, fup-
poling that a general Reform would go accordingly. But it was not
10; but done to the Intent that the Confenters, by Engagements to
his Majefty in Perfon, might be rivetted, and fo to be depended upon
in 1 arhament. Upon this wife Scheme, my Lord Chancellor under-
tooK the Irovinee of the Law, and fen t for, not only the Kino's
Servants but, every confidcrable Prac^lifer. My Lord Godolphin \s
Uiead of the Trealury, fcnt for all the Revenue Men, and took their
Anfwcrs.
The Vhnncr
of Cloletrinir
and
North
corn in it.
.^;r D U D L E Y NORTH. i8f
Anfwers. Sir Dudley Norths as a Commiffioner of the Cufloms,
came in upon this Lift. When became before hisLordfhip, and had
heard the Qjeftions, and a World of Difcourfe, in a perfuafive Way,
he remembered an old 'Turkifh Saying, n)ix. That a Man is to jay no,
mly to the Devil. He anfwered, therefore, " That he was always a
" faithful Subjedt and Servant to his Majefty, and would do all he
"could for his Majefty 's Service:" or to that Effcdt. This was
taken for a' violent Tendency, if not aConceffion. But, coming be-
fore the King, and being afked if he would vote fa and fo, or not ;
he anfwered, pofitively and finally, " That he could not, and there-
<* fore would not, pretend to tell what he ftiould do upon any Que-
" ftion propofed in Parliament, if he had the Honour to fit there,
" till he had heard the Debate." But this was cloathed in Terms
of the greateft Submiflion that could be. He was alked the fame
more than once. But, in Sum, his Anfwer was the fame. " He was
«* told that this was trifling; for he could not pretend to be a Stran*
*' ger to a Matter which had been the Town Talk fo long. He
•* might depend upon it that nothing new could be alledged in the
« Houfe, which he had not heard before." To all which, urged
upon him over and over again, he added nothing but that if he weri
to die that Moment, he would make no other Anfwer, The noble Lord,
there, was ftrangely furprifed and confounded at this Perfeverance in
a Denial, as was underftood; for he had, as I guefs, valued himfelf for
fecuring Sir Dudley North. The King fhewed no Tokens of his
Difpleafure; nor did he in any Cafe when the Perfons appeared re-
fpeaful; and he thought them fincere. But his Lordlhip refented it
fufficiently ; for he never was well with him, nor ever fhewedhim a
fair Countenance after that.
I muft touch alfo the Circumftances of the following Times*, be- s\rDtdley^^^
caufe my Subjed is concerned in them ; however, I (hall be but (hort, fj*^ /J'*^^'
The Preparations, for the Embarkment in Holland, were very great ; Und.
and after it was known to be for England, a great Buftle was made
to refift it. Thofe that had fled into Holland were rampant, and
were fo free as fully to declare their equitable Purpofes. For they
gave out that all the Tory Party, meaning thofe who had aded by
Law againft the Fanatics, fhould at once be attainted, and iheir
Eftatcs taken away by Parliament. Nor ftiould thofe of the Dead
be exempted any more than thofe of the Living; and they were fo
kind as to name the late Lord Keeper North, and Sir Dudley North
in particular. This was told to Sir Dudley North, as certain News
out oi Holland, by fuch as meant him well; but he, as his Way
was to flight extravagant Threats, minded it not. But it appeared
to him, afterwards, that thofe, who had fled into Holland^ had re-
If '
l>l
tn
) »1
* Sec Appendix N^. 11.
Bb
tained
1 8^
Like from
Exeter, and
tempted to
run away.
Safe by his
upright Car-
riage and Be-
haviour.
The LIFE of the Honourable
tained fo much of their Rye Scheme, as really to intend, and it was
not for Want of Will that they did not execute it. But after the
King's Army was quite broke, and his Perfon far enough off, Things
did not proceed with fo much Contention as to make a Turn by
Vidory, but rather by Accommodation. And King /T/V/zV/w, having
fecured his own Game, would not roil it to gratify them.
But now the Prince is landed, and come as far as Epceter; and
from thence Sir Dudley North had Letters with Preambles of Friend-
ihip, and Conclufions with Advice to run away; and grounded on
the terrible Denuntiations pafled among the Men of Power there.
Many Matters were alledged; but chiefly that of taking upon him
the Office of Sheriff without Title; which caufed fo much Blood to
be drawn. But he was fo ftupid as to laugh at this alfo. It is to be
prelumed they ufed the fame Courfe with others: For now there be-
gan to be great Scampering ; and, of fome, with Reafon enough,
who were obnoxious, and had more to anfwer for than could be ex-
cufed ; chiefly fuch as had rifen into Pofts by Flattery upon the
Points of the Tefts ; as Baron Jenner, Bifhop Cartwrigbt, chief
Juftice Herbert, and fome others. The two Solicitors, Graham
and Burton, were taken and brought back; and much ado there
was about who went and who ftaid. The Fadtion was thought to
be cruel and fierce, and, coming into a Swing of uncontrouled
Power, none could fay what Mifchief they would not da But they
themfelves, knowing that there was nothing criminal to charge upon
thofe they had mod Spleen againft, endeavoured, by Menace and
Frighting, to make them run away; and many, that did fo, were
taken, and felt the Smart of it; but, of thofe that flaid, even the
greateft Malefadors had little or no Hurt. The former fuffercd,
under a Prefumption of Guilt, by Imprifonment without Trial, or
fo much as being accufed. So that, here. Flight and Condemnation
were one and the fame Thing. And there is not a fmgle Inftance of
any one Perfon tried for any of the horrid Crimes that brought on the
Revolution. ^
At this Time, Sir Dudley North and myfelf were feldom afunder,
but walked about from one Buftle to another, to obferve what was
doing; and were in all public Places, to fee how Matters wrought.
For he, according to his true Charadler, fo long as he could juftify
his Aaions, feared nothing, and fcarce thought he had any Concern
in the Turn more than any other Man had. This was a foul Dif-
appointment to his Enemies ; for they made a fure Account that he,
a Ringleader of the Tory Party, muft needs run away, and then they
had him faft, in Prifon at leaft. Once we walked together into
t\iQ Exchange I and one, that ftood in a Company, faid, M^hat? Is
not
^/V D U D L E Y NORTH.
187
not he gone yet f Wc paffed on, and took no notice. He was look-
ed at almoft as much as when he was named Sheriff; and the vVoH^
der, that he was not gone, was as great as when he was to be Sheriff:
And it was in his good Stars that he fecured to himfelf a Safety, by
ilaring his Enemies in the Face.
He was in the Cufloms at the Revolution, and continued fo for r^cft out of
fome lime after; f(;r that Coliedtion was not to be difturbed till the n^fj^orf^'h
Main was fafe. But it was not long before the Men of Merit put in Caaoms.
for Pofts, whether fit or not ; and the Cuftoms was a jolly Com-
miffion, that would ferve five or fix of them; and if one or two old
ones were left to teach the new ones their Trade, it was enough :
And, after the Commifiion was renewed, and moft of the old ones,
of whom he was one, were left out. Sir John PFerden, that would
often afk for a Light to be ftruck (as I touched before) became the
ruling Commiffioner.
After he was left out of the Commifiion, he was reduced to his Traded, fuf
firft Principles, a mere Merchant of the Levant Company in Lon- ^^^^^^ ""^^
don ; and his Poft of Alderman alfo dropt from him : For, when the thought of
Judgment in the ^0 Warranto was fet afide by the Parliament, the "tirmg.
City was put in a State referring to a Time before he was chofen \
which changed the whole Frame of the Court of Aldermen. Then,
hating Idlenefs, he fell again to buying of Cloth. He had formerly
joined with other Merchants in building three defenfible Ships; for
Piracies, in the Straits, had made trading, in fmall Veffels, too ha-
zardous; and the Employment of thefe Ships engaged him deeper
in Adventure than otherwife he had been. But, after the Revolution^
Things grew worfe and worfe ; becaufe the Wars with the French gave
them an Advantage over our Turky Trade ; and, both at home and abroad,
they met with us. One of his great Ships, with a con fiderable Adventure,
homeward bound, and little infured, was taken by the French : But
yet he traded on ; and, it appeared, his Eftate was lefs, by ten thou-
fand Pounds, than it was when the French War firft broke out. I
believe he had lefs perfevered in Trade, at that time, if he had not
had a Confideration of his Houfe in Conjiantincple, where h..^ Brother
had a Ragio7i, and he had his Apprentice, Fairclough, to whom he
thought himfelf in Juftice bound to fend out Bufinefs, efpccially
when others withdrew ; di^c^ they mufl have funk. But fo many
Corredions, as he received, one after another, abated his Metal j
and his Family encreafing, and Children coming forward, whom he
confidered beyond himfelf 5 a^d, what was worft: of all, he grew
liable to Infirmities, efpecially the Phthific, which made him not lb
acftiye in his Perfon as he hacf been, and; defired to be. All which
together made him think of getting an Eflate, with a commoaious
,,. B b 2 Seat,
I
'1
188 The LIFE of the Honourable
Seat, in the Country, and to employ himfelf, as he declared he
^vould do, by plowing and fowing amain. But, in this Particular,
his good Fortunes failed him ; for, although he had viewed diverfe
great Eftates, and offered great Prices, as twenty-four and twenty-
five Years Purchafe, he never was accepted ; and, within a Day or
two after he fell fick, a Time was appointed for us to go down
and agree for Befthorp in Norfolk. If he had been To happy as to
have accompliflied a Purchafe fome Time before, I believe it had
prolonged his l.\^^.
Sir DUDLEY NORTH.
Parliampp* en-
II.
But I fhall be accufed for a Concealer, if I do not relate how the
quire iro 'he Houfes of Parliament dealt with him, and his Shrievalty, before he
cccdiugs. had his ^lietus in that Affair. After the Convention, fummoned by
the Prince's Letters, thought fit to be a Parliament, and the Kingdom
fettled, and declared to be of him and his Confort Mary, and all
things thought to ftand faff and firm in the new Government ; then
the old Faifiion thought they had the Ball at their Toe, the Town
was their own, and who (hould contradidl them ? And now was
the Time to lay open the bad Adlions of the Tories, and, not only
to bring them to condign Punifhment but alfo, to make amends
for former Injuries out of the Eftates of the Dead and of the Living
of them ; and all to be done, not by any formal, faftidious Courfe of
Law or Trial, but, by Adt of Parliament. And, accordingly, two
Inquifitions were fet on foot ; as is already related in the Examen. It
is pretty apparent that, in the fadtious Scheme, both thefe aimed at
Sir Dudley North, upon whofe Characfier and Circumftances the Mat-
ter had hinged ; though Sir John Moor, and others, were thought fit
to be taken in.
Examined be- I f^all begin with the Lords, who, taking it for granted that thofe
x^htcc^o/"^ Perfons were murthered, ordered this Enquiry how, and by what Means.
This amounted to an Enquiry, whether they were murthered ornot;
and fo, in the Proceeding, it proved. But, it is a common thing in
Parliament to enquire after Perfons, when the Fadts are but prefumed.
This Committee fat, and fent for all Perfons that were any ways
concerned in the Proceedings after the Rye Plot difcovered, or were
but fufpedled to know any thing of them, and examined them^ and
whomfoever elfe they thought fit to fend for, upon Oath. Amertgft
the reft Sir Dudley North was fent for ; of whofe Examination I have
tittle to fay here, becaufe it is particularly related in ih& Examen i
Only, to fhew how much he was under the Difpleafure of fome Peo-'
pie, I will obferve that, when Queftions were asked, as diverfe were^
sfcirting upon the Main, and heanfwered fully and clearly to them j
while he was talking (on one S-ide- of him) Ty&^/V tr L^^, faid one;
and (on another Sido) That^s^ falfe, faid another; andfafchlnter-^
ruptions.
Lords, and
difmiflcd.
n {.^
I
18^
ruptions he had that, if he had been over-modeft, he muft have been
abafhed. But, after this one Examination, he was difmiffed, and
heard no more from that Committee.
After the Houfe of Commons had done with Sir John Moor, they ^'^^"^jl"'^ ^
fent for Sir Dudley North ; and, I believe, fome Sport was expeded, ofCommoa*'!
for the Galleries were full, and fo were all Corners about the Houfe,
I had my Poft in the Gallery, where I could fee as well as hear :
And the famous T^itus Oates was not far off; for he was a Perfon
that greatly interefted himfelf in thefe Affairs. Mr. Paul Foley was
in the Chair ; and, when Sir Dudley North came in and ftood upon
the Floor, Sir, faid he, for what Reafon did you take upon you the
Office of Sheriff, which did not belong to you f He anfwered in like
manner as before. But there was little to the Purpofe in all this j
for the Defign, of all thefe Examinations, was to get Perfons named,
that there might be fome Hold of them for Purpofes that lay be-^
hind.
None durft ask him touching his Brother the Lord Keeper North ; ^'^^'^^^^^^^
for the Gentlemen, generally, would not have born it. But yet the tobcaskcr"^
Bufinefs hung upon Expedlation to get fomething out of him ; and
there were diverfe Mutterings, and Murmurings, about odd Queftions
to be asked ; and fome, near the Chair, were very bufy, whifpering
with the Chairman. Mr. Fraitcis Guin, one that the Examinant
knew to be of his Side, and that he might truft him, moved that,
fince he had declared the Court of Aldermen unanimoufly required
him to ferve, as being legally chofen, he might be asked what Alder-
men were prefent. The Chairman nodded for his Anfwer ; and then
Sir Dudley North turned him round and, with his Cane, pointed to
the five Aldermen that had fided with the Fadion, and named them
audibly one after another, who were all prefent, and made no Ob-
jedion. This was not well ; and Sir W, Williams, a cuivning Par-
liament Man, fearing worfe, thought to get 'rid of their Cuftcmec
with as good a Colour as might be contrived 3 and, taking Urnbrage
at fome little Sti: there was about asking Queftions to make him ac-
cufe his own felf (and Sir Dudley North himfelf had began to fay,
He hoped that, being among Gentlemen, &c.J ftandingup,. Mr. Foley,
faid he, you had bejl have a care, you have an honourable Gentle man
lief ore you, that you do not ask him, &c. It feems he thought the
going off upon that Scruple carried an Innuendo which might ferve
their Turn better than any thing they were like to get by Queftions^
fince thofc, already asked, had turned upon them. But thofe, of his
Party, did not underftand his Jleach, and, calling puj for Queftions^
interrupted liifn^ and ,that irrigated: liis/^^fi/// Bloody and made him
'r.i IT .^Vv.iV^ l\
.u. r
•. \ .^V» W
MV^'^ ' .'.\
\\,
1 I
t
I
igo
The LIFE of the Honmrabk
A Qiieftion
askfd. and
1
faH fo^l on his own Party ; and tlwe was Noife and Altercatloh Fdf
feme Time, upon that Ocrnfion, amongfl: them. *
.sk-d. ,„d . ^•"> 'here being fomeCcirition. Mr Dutf on Coh made Silence by
1 >uJl„nf«.er- ^peaking : Mr. Foley, faid he, Jlnce this Gentleman is fo tender that
/"^„""^^P<='^«^' fJia' ^ '-•ouW fee a Start of every one in the
Hoiife, all at the fame Inftant, as if each had had a Dafh of cold
Water in his Face : And, immediately, all called out, mthdraw ■
and my Neighbour T.tus Oates, being, as I fuppofe. fruftrated of
his Expedlations. cried out, ^w Laard, Aw Laard, Atv, Aw ! and
Went his way. Sir Dudley North went out, and never was called
upon more about this Affair. I might here enlarge upon the Subieft
of good Fortune attending gallant Anions and Behaviour, and the
h-erdition of evil-doing, and then fneaking; but that Matter lies here
grofs and obvious, fo will let that pafs, I fhall only add this Note
to acquit the Profecutors of ading purely upon Malice, that Cove-
toufnefs had the greateft Share in the Motives; for, if it had ban
voted that the Eledtion had been illegal, and North and Richm
Sheriffs; then had followed Bills to charge the Eftates of all that
were concerned, to repair the Loffes the Party fuffered in thofe Times
And this was, neverthelefs, in fome degrte, attempted by petitioning
for Leave to bring a Bill into the Houfe of Lords to reimblirl
1vLa%' °"'-r? '^.^"'*'« °f '•'^ Lord Keeper North, Sir Dudley
V Au ^ ^^'^ '^""'°" '^*' prefented by the Lord Stamford, who
Had been Chairman to the Committee of Murther. And he. amons
other Tropes, (aid that tbefe Men had been tnurthered too, meaninl
In their Eftates ; but, he fluttering, thefe Words came out fo broken
Uiat they were not minded: But my Lord Weymouth went to tht*
1 able, and, taking up the Petition, moved that an Enquiry mifht
Oe bad, to find who had counterfeited tbeji dead Mens Hands. This
Jeft
Sir DUDLEY NORTH.
ipi
left made fome Lords fmile, and no Order was made upon that Pe-
tition. The like Petition was prefented to the Houfe of Commons,
and without Effedl ; but as the whole Series of this Affair is fully
fet forth in the Examen, 1 refer the Reader to that Book, and (hall
fay nothing more of it here.
But after this Examination was over, it was given out that Sir a Snare laid
Dudley North (hould not efcape fo; but, one Way or other, hetoniakchim
fhould certainly be come at: Audit was hoped that, if he was fub-^^^'^^^'^^'"'^**
ftantially terrified, he might bite at the Bait of taking fome of his
Enemies off. Which done, were it friendly or corruptly, they would
have promulged it, and he had loft his Charadler, and, confequently,
his Friends, which was a good Preparation for what was to follow :
For it is a Method ufed by cunningMen, in Parliament driving, againft
Perfons, when they cannot be diredly laid hold on, to lay Traps
and Snares to make them hurt themfelves; and fo they attain the
End obliquely. We had the Unhappiiiefs of an elder Brother, who
had attached himfelf to the Fadtion; and, for that Reafon, and other
Family Differences, we correfponded little with him. But during
thefe Stirs, for ought I know meaning well, but deceived by Men of
■his Party, he comes to me, and tells me that " his Brother would
<» certainly be undone j and himfelf came out of Friendftiip that he
*« might know it. He converfed with thofe who were bent upon it,
« and both would, and could, do it ; and thofe were Hampden, and
<« fome others he named. But he had found one, and the only, Way
" to fave him.'* And what is that, quoth I? He anfwered tq apply
himjelf, I afked what he meant by applying himfelf. jHc anfwered,
by going to fome principal Men on the other Side, and fo intereft, or
foften, them-, without which he was infallibly ruined. I faid I be-
lieved he intended to juftify himfelf, and thought of no other Courfe.
Ayy there's it, faid he, he will now go, and, by jufiifying himfelf , be
ruined. So we parted with much Diffatisfadion on his Part. It is
certain nothing would have ruined him fooner, .than fuoh a fneaking
Adion as this had been. I once told this Story to the beft^ of old
Courtiers, QoVWerden-, and Ay, faid he, Juftifying, that's but one
^rick', alluding to the Fable of the Fox and the Cat.
I cannot part with the Subjed of this Examination without ob- Juftification
Serving again, as I have done before, what Sycophant Hiftorians Will j
.not 436 fo, tuft as to fet forth, nor Pofterity readily believe. And that
is, that, liotwithftanding botli Houles of Parliament, with full Bent
and Zeal towards a Party, having nothing above to check or re-
ftrain, but, what rather encouraged them to inquifite the Adions of
their Adverfaries in the Time when they prevailed; and tefting, up-
on Oathj every Perfon and Perfons, Officers as well as others, as
far
mcr
imes.
'
nlil
V\
ft" l
t
«M
ip2
1.^
oiberw.fe.
The LIFE of the Honour able
ht as any petulant Partyman would fugged or require; and although
t -e Affairs were all great and important, and done in a Strain of Op-
pofuion and Contention, purfuant to current Methods of Law, yet
t'icre was not found the leaft Corruption, or Peccadillo of Irregula-
rity in any of them: And, if any Inftance of the like can be (hewn
in Hiftory, 1 quit my Obfervation,
AM=ftakeof This double Inqueft, oftheFIoufes in Parliament, refpedling the
TippMtrtr- Sherifwick of London, and the Pretences in Parliament grounded
bers about the thereupon, g ive Sir Dudley North much Trouble, but no great
bHng in the Attxicty ; becaule he knew there was no foundation, on lucn Ac-
Cuftomsa-d ^Q^^PHS, to charge him criminally, or pecuniarily, to which he had
jr^h^'^^r^'ved "ot Aufwcrs iucontrovertiblc. But there was another Matter, which,
proving as his Enemies had calculated and fug^efted, had given them
the utmoft Advantage againil him; but, by good Stars, they were
miftaken. It was the Levying the Duties of Tunnage and Poundage
upon the AccefTion of King James the Second, before it was given
by a Parliament; a full Account of which is to be found in the Life
of the Lord Keeper Guilford. The Members at Wejlminfier, that
were eager upon finding Faults with former Admin iftrations, and
the fadtious Party, that had a ftronger Inclination to faften upon Sir
Dudley North than upon any other Minifter or Agent whatfoever,
had conceived a flrong Prejudice that he was in the Cuftoms at the
Death of K\T\gCharles the Second, and accordingly that (for the grand
Offence of levying Money upon the Subjedl without Act of Parlia-
ment) they had him faft ; and they were fo fond of the Advantage,
that it was plain they were very loth to quit it : And it was the hardefl
Thing in the World to perfuade any of them that Sir Dudley North
was then in the Treafury and not in the Cufloms, which I can beft
affirm that had the Part of talking with, and. if I could, of unde-
ceiving, many of them; for I found plainly I was not credited.
The Tendency of the Party, as might be perceived by the common
Difcourfe of moft People, was to fet on Foot an Enquiry touching
that Fa6t of levying Money, &c. And Sir Dudley North, and his
Friends, had perpetual Alarms from that Quarter, till direct Accounts,
of thofe CommifTions, made it plain it could not reach him ; and
then the whole Defign was dropt at once, and no Notice taken of
it : And it was as good as declared that, if he had been concerned,
it would have been pufhed againfl him only, and not againfl any
other Couimitfioner of the Cufloms. Such Partiality will Men pro-
fefs in Combination ; which a fingle Pcrfon would not have the Face
to own.
Before
.i/r D U D L E Y N O R T H. 193
Before I take this Gentleman into pure Privacy, and fhew how he Rcfufed to
pafTed his Time by himfelf, I fhall take Notice of fome Paffages, ^'^^/Brothcr
1 • 1 • T^ 1 ri . » 1 ^ , o » in Law againft
relating to his Employment, to fhew with what Prudence and un- Duty,
tainted Integrity he proceeded. He had a Brother in Law, who
made no fmall Figure at Court, the Earl of Yarmouth. He was en-
titled to a Farm, in the Cufloms, called the Wood Farm, which,
when firfl granted, was a very great Boon ; but, as the Importation
of Deals and Timber, from the northward, encreafed, it became an
immenfe Profit, and was faid to have yielded to that Family, firfl
and lafl, above one hundred thoufand Pounds. The prelent Benefit
was partly to the old Countefs, and, partly, to the Earl, with a Trufl
declared upon it to pay the Debts of the Family. The Work, now,
was to obtain a Renewal of that Farm ; the old Lady folicited, and
the Earl folicited; S'w Nicholas Butler was declared in their Intcrefls;
and, now Sir Dudley North was come into the Cufloms, all mufl go
fmooth. And Sir Nich. Butler was fo malicious as to tell them that
it was in Sir Dudley North's^ Power to do it, or to hinder it. This
brought Importunity enough upon him. It was not his Way to fly
in any one's Face unprovoked, or to give Repulfes till he had fairly
reafoned with them; and then, if the concerned urged him farther,
he was apt to be rough. He had examined the Books of the Cuflom-
houfe, and found, by former Reports and Minutes of the Treafury,
that, for unanfwerable Reafons, all the Outfarms were refolved to be
taken in, and that the Order and Security of the Collection depended
upon it ; for to have Officers dealing in the Cufloms, that the Com-
miffioners had no Controul upon, was like fo many Leaks, at which
they could not anfwer what might run out. He ihewed all this to
his Brother in Law, and difcourfed Butler upon it; and he could not
deny but that it was a Thing determined, which they could not con-
trovert, if any References came to them ; and that it was in vain to
attempt by Favour to break into fuch a Management as this was.
But flill, fays Butler to his Clients, if Sir Dudley will, it may be
done. And, at lafl, the befl Thing, he could do, was, when they
faid any Thing of it, not to mind them, but to pafs on to other Dif-
courfe. If there were any Profit, or Advantage to the Crown, the
Forms might have been dilpenfed with ; but, againfl the Interell of
the Crown, he would not join in any Projedl whatfoever.
There was an ancient Gentleman, of the Family of the Berties, chani-ed rhe
who was Patent Secretary to the Cufloms; and he had officiated there Secretary a-
fome Time; but was altogether incapable of the Bufinefs, which re- fun"^'! ' "^°'"
quired the mofl expert Secretary that could be found, who fhould ^'
be a Man of Method, Quicknefs of Difpatch, that, in looking for
one Paper called for, fhould not, as he did, confound a hundred.
Cc But
11
"Ski
m
Hi
ip4
The LIFE, of the Homurahle
But if he had fat there, they muft have been Secretaries them-
felves; for it was plain he could do nothing. Upon this, the Com-
miliioners determined to put another in his Place, that (hould pay
hirn as much as he made of it; and, if this would not do, fome
other Courfe muft be taken, or they muft Diut up Shop. This
brouglit the whole Family Relation upon the Cotnmiirion, expoftu-
lating with them, and Airring their Intereft at Court. But their
Realons were underftood there; they mu:t have Patience; and what
the CommifTioners had done mnt ihnJ. Among others, ^\^ Dudley
North's elded Brother came to lim and, after much Importunity,
afked wiuu Reafon he had to turn a Relation out oF his Place!
Sir Dudley North turned (hort and, looking back at him, faid be-
caiifc he icuis a Foci And fo went away.
Refur.aaBro- He had another Brother in Law, one Mr. Folc\^ whofe Father had
poftplnv^d'''' ' ^^"^ Ironmonger to the Navy for dn-crfc Years, and, after his Death,
D.bt. " i^e fucceeded him. Tlie Method uf thj Navy had been loofe, and,
during the Dutch Wars, great Ahuks, palled, and Debts infupcrable
were contra d-ed. I have heard fiv t^iat the f )rmer Contractor hath
had Bills filed up, as for Goods delivered at the Yards, to the Value
of five hundred Pounds, and did not dc'ivci in one Nail. This Debt
growing too great, poilibly, ever to be paiJ, the Treafury, in the
Reign of King Charles th^ Second, thought fit to pr>ftp >nc this Debt,
and fcrve the, then, pref.nt Occafion with ready M-^ney. There
was no great Jullice in this; but what they called Necelfity, caine
in the Room of it: All that Reign, and King J^wri's Reign, that
Dei., ii >od defperate. But when Sir Dudley North came into the
Trealury, Mr. Foley concluded he fhould obtain the Favour to have
his Part, and often made it a Subjcd: of Difcourfe to his Brother in
Law; but he told him, unlefs they could pay the whole, they could
not pay him. For to fingle out one and, for Favour, pay him,
and let the refl flill ftand out unpaid, would be unjuft, and fcanda-
louily partial. And this Solicitation ran up almoft into a Quarrel ; but
that fignified little to the Commifii )ncr. But fince the Revolution,
I have heard the Debt was bought by Courtiers for half, and lefs^
and put into the new Loans by ^ Way' of Debentures, and paid with
Intereft to a Farthing.
But now we have our Merchant, Sheriff, Alderman, CommifTio-
ner, (^c, at home with us, a private Perfon, diverted of all his
Mantlings; and we may converfe freely with him in his Family, and
by himfelf, without clulhing at allagainfl: any Concern of the Public.
And pofiibly, in this Capacity, I may fliew the bell Side of his Cha-
radter; and, for the Advantage of that Defign, fliall here recount
his retired Ways of entertaining himfelf from his firfl coming from
Conjlan-
Reduced to a
private Stat?,
and diverted
with Me-
chanics.
S'tr DUDLEY NORTH.
igy
Conjiantinople to England, He delighted much in natural Obferva-
tions, and what tended to explain mechanic Powers; and particu-
larly that wherein his own Concern lay. Beams and Scales, the Place
of the Centres, the Form of the Centre-pins, what Share the FuU
crum, and what the Force, or the Weight, bore with Refped to
each other, and that he might not be deceived, had made Proofs
by himfelf of all the Forms of Scales that he could imagine could
be put in Pradlice for deceiving.
During the firft Seifions of Parliament in the Reign of King Raines Spoiled aPro-
the Second, he fpoiled an hopeful Projed with a few Words ; which |f^^J./^; ;
Projed: fome Courtiers had hammered, for profitable Purpofcs, to the
Public, no Doubt, to be pafied into a Law. And that was to have
an Office for the proving and fealing of all Beams and Scales. This
had been like the Aulnage, that fell Seals by the Bufliell; an Ofiice
of meer Profit, which luccceds in the Nature of a Tax upon the
Woollen Manufadory. When he was told of it, he afiured the
Concerned, that no Man, that bought, or fold, would truft a Beam
the more for their Seal ; becaufe a flight Fall puts the beft Beam out
of Order. And, for Fear of fuch Accidents, Men weigh crofs;
which certainly expofes falfe Scales; and Merchants, though they
buy abroad, weigh again at home ; and there could be no Afllirance
of Scales without Proof So that Projed dropt.
I may, with Conformity, mention here a Deteftation he had of J?.;:'^^^^ "Jj^^
all Proje'ds. Liberty and Jultice being his favourite Patrons of Trade. 3;?ifed'diveirc
Once he was tempted by a great Lord, his Brother in Law, then in ot them.
an advanced Poll at Court, to come into a Copper Mine in America \
which was held forth to be wonderful gainful, and nothing wanting
to enter and take Poflcffion, but a little Stock, which was propofed
to be raifed by felling of Shares; ■^v\A Sir Humphry Edwin was the
Caftiier, took the Money, and gave out the Grants. But is it Jo
rich a Thing as your Lor djhip fays, fad Sir Dudley? Ay, I God, is
it, faid the Lord, a?id will certainly yield cent per cent immediately,
and, afterwards, not to be computed. Then Sir Dudley fell a laugli-
ing, and faid, if it would yield five per cc?it in one Jix Months, there
could he 710 Want of Money, for fuch a Gain that hundreds would fkip
at ; and if it were really worth any Fhing to a Buyer, they would
?iever come out of the City to the Courtiers for Money. The fame
Nobleman had bought a Sough, or Drain, to a ^Lead Mine in the
Country near Wales, which was begun by op.e Vermuyden, but I.iid
afide, alack, for W^ant of a little Money, but might be finiihed in
three Months, of which there was Demonllration ; and there would
be an Indies, The Merchant was for giving his Lordlliip nine
Months. No, the Lord would not take it; three v/as enough. Ti^e
Cc 2 Merchant
'I ;
I
ig6
An F.xperi-
nr-nr, made
at ConJiAiiti-
nople and in
£»(^lanj. of
the Barometer
Loved Sights,
and fearsd
left he O.ould
be turned out.
The LIFE of the Honourable
Merchant begged him to take nine, and it was pleafant to obferve the
Controverly. But he might as fafely have offered him nine Years;
for it is not done yet. And, for all that, the Sough hath had the
Honour to be often fold, and to die, with the South Sea, a Bubble at
lail. I have often, on thefe Occafions, heard Sir Dudley North fay,
Fuggite gli gran Partiti, Run away from great Bargains. So I doubt
he would have made but an indifferent 5i?;///6 6V^ Merchant.
When he lived at Conjlantinople, I fent him an Hint, touching
the Barometer, of an Experiment which might expofe, even to a
diredl View, the Manner how the Air wrought upon the Mercury,
to raife or fink it, not without fome Difcovery of the Confequences
• with Refpedt to wet and dry. He tried it at Conji ant i nople-, and,
after he came into England, we tried it together. It was no more
but this. We ereded a Barometer, with the Stagnum, in a Florence
Flafk, and then, with wet Bladders, and Ligatures upon the Neck
of the Flaik, and upon the Tube, we flopt all Communication be-
tween the exterior Air, and that rtiut up in the Flafk. Then we
cooled the Flafk artificially, and the Mercury fank at leaft fix Inches
below its Place ; and at the fame Time we perceived a Mifl to
gather on the Infide of the Flafk, till the Drops began to be fenfible,
and fome ran down, and fliewed Water at the Bottom. Then we
heated the Glafs with warm Water, till we came to the m oft furious
boiling Water we could bring upon it. And the Mercury imme-
diately mounted, and rofe, at leafl, fix Inches higher than its Sta-
tion; and all the Mifl and Water dried up, and there was fair Wea-
ther within. Then we pricked the Bladder, and the Mercury fell
to its proper Station. 1 do not comment upon this Experiment
here, it being more proper in another Defign.
When he came firfl to England, all Things were new to him j
and he had an infinite Pleafure in going about to fee the confiderable
Places, and Buildings, about Town. I, like an old Dame with a
young Damfel, by conduding him, had the Pleafure of feeing them
over again myfelf. And an ^incomparable Pleafure it was; for, at
all Remarkables, he had ingenious Turns of Wit and Morality, as
well as natural Obfervations. But once I was very well pleafed' to
fee the Power of Habit, even in his Mind, and Apprehenfion of
Things. I cr.rried him to Bridewell, where, in the Hemp-houfe,
there was a fair Lady, well habited, at a Block. We got in and fur-
veyed her : But the Cur, that let us in at the Door, put on his touchy
Airs, expeding his Sop at our going out, and fpoke hoarfe and
Joud. My Geiitle.nan could not, for his Life, but be afraid of that
Fellow, and was not eafy when we went in, nor while we flaidj
for he confeft himfelf that the Rafcal was fo like a Tur/:ijh Chiaus
he
^^z- D U DLE Y NOR TH. 197
he could not bear him, and wondered at me for making fo flight of
him and his Authority, and really fancied we fhould not get clear of
him without fome Mifchief or other. Such was indeed a neceffary
Prudence at Cofi/i ant i nople: And, not only in this but, in the Cafes
of other Merchants, who had lived in Turky, I have obferved that
if there were a Croud, or a Clutter in the Street, to which moft
People go to fee what is the Matter, they always draw off for Fear
of being fingled out to be beaten. In a Cathedral Church, I could
fcarce get my Merchant to take a Place with me; but he would pull,
and corred me, as being too forward, and for Fear of fome Incon-
venience. Here is a Confequence of living under abfolute and ri-
gorous Lords. Whereas, amongft us, there is fcarce any Regard at
all had to fuperior Powers; if I may term them fuch, that cannot
punifh but in Mood and Figure, and by due Courfe of Law.
He took Pleafure in furveying xhQ Monument, and comparing it Sav/theA/o-
with Mofch Towers, and what, of that Kind, he had feen abroad. ""ZZ'slct^ic,
We mounted up to the Top, and, one after another, crept up the and vemursd
hollow Iron Frame that carries the Copper Head and Flames above. ^'S^-
We went out at a rifing Plate of Iron that hinged, and there found
convenient Irons to hold by. We made Ufe of them, and raifed
our Bodies entirely above the Flames, having only our Legs, to the
Knees, within ; and there we flood till we were fatisficd with the
Profpeds from thence. I cannot defcribe how hard it was to per-
fuade ourfelves we flood fafe ; fo likely did our Weight feem to
throw down the whole Fabric. But the Adventure, at i^(j'Z£; Church,
was more extraordinary. For, being come to the upper Row of
Columns, next under the Dragon, I could go round between the
Columns and the Newel; but his Corpulence would not permit him
to do that: Wherefore he took the Column in his Arm, and fvvung
his Body about on the Outfide; and fo he did quite round. Fancy,
that, in fuch a Cafe, would have deflroyed many, had little Power
over his Reafon, that told him there was no Difficulty, nor Danger,
in what he did.
He was fo great a Lover of Building that St. Pauls, then well ad-
vanced, was his ordinary Walk : There was fcarce a Courfe of
Stones laid, while we lived together, over which we did not walk.
And he would always climb to the uppermofl Heights. Much Time
have we fpent there in talking of the Work, Engines, Tackle, cifr.
He fhewed me the Power of Fridion in Engines ; for, when a Cap-
flern was at work, he did but gripe the Ropes, between the Weight
and the Fulcrum, in his Hand, and all w.s fall ; and double the
Number of Men, at the Capflern, could not have prevailed againfl
that Impediment, to have raifed the Stone,' till he let go. Wc uflially
went
f-i
lit!;
'4
4
ip8 lie L I F E of the llorwnrahle
went there on Saturdays, which were Sir Chrijiopher IFrens Days,
who was the Surveyor; and we commonly got a Snatch of Difcourfc
with him who, like a true Philofophcr, was always obliging and com-
. municative, and, in every Matter we enquired about, gave (hort, but
, latisfadory, Anfwers. When we were upon Bow Steeple, the Mer-
chant had a Speculation not unlike that of a Ship, in the Bay of
Smyrna, ken from the Mountains. Here the Streets appeared like
fmall Trenches, in which the Coaches glided along without any
Unevennefs as we could obierve. Now this, faid he, is like the
World. IV ho -would fiot be pleajed in pajjing Jo equably from Place to
Place, It is Jo when we look upon great Men^ who, in their Courjes,
at our Dijlance, feem to glide ?io lefs fmoothly on ; and we do not per-
ceive the mafiy rude Jolts, ToJJings, and P'/allowiiigs they fad ; as
^whoever rides in that Coach feels enough to make his Bones ake, of
'which, to our Notice, there is tio Difcovery. And farther, jdid he^
let not the Dificulties, that will occur in the Way of mojl TranJaBions,
however reafonable, deter Men from going on ; Jor here is a Coach not
one Momefjt free from one ObJtruSlion or other ; and yet it goes on^
and arrives, at lajl, as was dejigned atfirjl. He ufed to obferve the
ordinary Decays of Building, and where Strength was moft needed.
He took Notice that Compafs Arches did not prefs uniformly; for,
at the Key, or Crown, the Joints at the upper Sweep, or Outfide,
pinched hard, and gaped underneath; and contrarily, at the Shoul-
ders, thole underneath pinched, and thofe above gnped; and for
that the Maierial, as rubbed Brick, ufually crushed there; and that
the Pinching below tends to Rifing. Wherefore, to fecure a Com-
pafs Arch, it was neceflary by Weight, or fome other Means, to
keep down the Shoulders which, rifmg, let the Crown, or Key, fall in.
Tins Sort ot Decay he obferved in the great oval Arches over the
Gates of the Merchants Houfes in Mincing Lane \ and how, by the
Example of them, at Powis Houfe in Lincolns Inn Fields, they
fliouldered and keyed the Portico Arches with Pieces of Stone,
becaufe Brick was not flrong enough to bear the Crulh of fuch
Weights as lay upon it.
n..c^..^ u„ Pie obferved that the ";reat Arches, at the Floor of St. Pauls,
divafeBu'ia- after the Centres were (truck, fell m twice; and he was much
puzzled to find out the Reafon of it; which he did, and then
fancied the Builders themfelves did not know it, till after the fecond
Fall had (hewed it them. It feems fuch Things were not to be talked
of there, and no Subject of Difcourfe with the Workmen. The
middle Vault was cart in three, as a middle and fide Ifles; and the
Moulds were parabolic ; fo as the narrow Illes, on each Side, keyed
as high as the Middle. Then it was apparent that the Thrull: of
the
ifigs fiiltd.
^ir DUDLEY NORTH, 199
the middle Arch bore upon the Voids of the two Sides ; and thofe,
yielding but a little, let the Middle break from its Truth ; and then,
down they mu(t come. But, not only at St. Paul's but, at many
other Places he had the like Diverfion; for wherever there was a
Parcel of Building going on, he went to furvey it; and particularly
the hi'^h Buildings in Arlington Street, which were fcarce covered in
before^ all the Windows were wry mouthed, the Fafcias turned SS,
and diverfe Stacks of Chimnics funk right down, drawing Roof
and Floors with them; and his Point was to find out from whence all
this Decay pr-oceeded. We had converfed fo much with new Hou-
fes that we were almoft turned Rope Dancers, and walked as fa-
miliarly upon Joice in Garrets, having a View, through all the
Floors, down to the Cellar, as if it had been plain Ground.
He had a great Inclination to build an Houfe for himfelf; and, to iii^ 1^*^^^"^°
accommodate his defigning Capacity, he bought a plain Table, and '-'^^^;; .^
a Set of Mathematical Inilruments; and, however he might mils su.v.yng.
his Aims, the Charge was not loft, for he left Pofterity behind him
who have made beUer Ule of them than he ever would have done.
But he drew, and I drew, and much Altercation we had. But he
never was b'.ekd with Ground in Town or Country, to let him into
the Pleafure of that Exercife. He had a mighty Fancy for that
Convenience, which he had made for himfelf in Turky, called an
Od^rera or firetight Room; with a ftately adorned Counting-houfe
ovel- it, to b.^ done with all folid Brick and Stone ; (o that, the Doors
fecured (which were to be of Iron) there could com.e no Damr.ge by
Fire to any Thing in them. He was fo kind as to come to view
and, afterwards, to pafs a littl.e Time in the fmall Tenement I
bought; and our whole Time was pa (Ted in Surveying an J Projedling.
The Country People thought us Conjurers, pretending to furvey a
Ground by Views at two Stations, without meafuring a Side, or
any Part, but from one Station to another. So, at his Brother's, the
Lord Keeper North's, at Wroxton our Time was fpent much at the
fame Rate. Thefe were, not only innocent but, adtive and health-
ful, Diverfions, and (when fpending of Time is the chief Point)
the moft commendable of any.
His domcftx Methods were always reafonable; but, towards his ^ J^^od^^^^-
Lady, fuperlativeiy obliging. He was abfent from her as little as he i,J';/,^/f^„.
could, and that was being abroad ; but, at home, they were feldom ably.
afunder. When he had his great Houfe, a little Room, near his
Chamber, which they called a DreiTing Room, was fequeftered for
the Accommodation of both of them. She had her Implements,
and he his Books of Account, in large Efcritoires there; and, having
fixed a Table and a Defii, all his Counting-houfe Bufinefs was do[>c
there.
m
*
J J
200
Prirate Paf-
time, and dili
gent Care of
his Children.
m
His Way of
fupplyin^ the
Houfe with
Vinegar.
Tlfe LIFE of the Honourable
there. The Counting- houfe itfelf was below, where was Accommo-
dation for a Man (but he took none, on Account of Merchandife,
after he had fent Fairclough to Conftantinople) and alfo a Room,'
within, for the Mafler; and his Brother, when in England^ which
was not long after his Settlement there, ufed that. He kept a Ser-
vant that wrote, and found him Employment by copying, d?r. Once
he took a Schoolmafter, of Bodicoat near Banbury^ to be his Butler
(that was the Style of his Office) and coming once*^into the Counting-
houfe, he found an Aftrological Scheme lying before this Man. He
took it, and what is this for, faid he? The Fellow anfwered, To know
if he fi'ould pro/per in his Place. Til tell you, faid his Mafter, tear-
ing the Paper to Pieces, if you behave yourfelf diligently and well,
you will profper-, otherwife you will not. The Fellow was cured of
his Aftrology, and made a very good Servant; and, being preferred
to the Culloms at Brijlol, a very good Officer.
Here he reckoned with Tradefmen, and paid and received what
came into his own Ca(h; but he ufed the Room above to wilder in
his Accounts; and his Wife ufed to wonder how it could be that
he fliould have fo much to do there. Once (as I hinted) the Cu-
ftomhoufe Accounts were brought there; and he went to work with
them, for making Colledions by which he might clearly folve the
Enigmas, that came from the Treafury. He wallowed fo much in
thofe, and with fo much Application, that his Wife was afraid he
would have run mad. There alfo he read fuch Books as pleafed him ;
and (though he was a kind of a Dunce at School) in his Manhood
he recovered fo much Latin as to make him take Pleafure in the
befl Claffics; efpecially in Tullfs Philofophics, which I recom-
mended to him. If Time lay on his Hands, he would affift his Lady
in her Affairs. I have come there and found him very bufy in pick-
ing out the Stitches of a diflaced Petticoat. But his Tendernefs to
his Children was very uncommon, for he would often fit by, while
they were dreffing and undrcfiing, and would be affifling himfelf if
they were at any Time fick, or out of Order. Once his elded Son,
when about five Years old, had a ChilUblain, which an ignorant A-
pothecary had converted into a Wound; and it was Surgeons Work
for near fix Months; and the poor Child relapfed into Arms again
till it was cured. But, after the Methods were inftituted, the Father
would drefs it himlelf.
In that great Houfe he had much more Room than his Family
required. He had feldom any Company, except his Lady's Rela-
tions, and thofe not long. He ufed his fpare Rooms for Opera-
tions and natural Experiments; and one Operation was a very ufe-
ful one, and that was a Fabrick for Vinegar. He managed that in
three
S}r DUDLEY NORTH.
201
three Veflels. The firfl had the Fruit, or whatever was the Ground ;
this was always foul. From hence he took into the next Veffel,
v/here it refined; and, out of that, he drew into a third, and, from
thence, took for Ufe. The firll was continually fupplied with Raifin
Stalks,' warm Water, ^c. In this manner, after the Courfe was be-
gun, the Houfe was fupplied, with little or no Charge, for feveral
He lovtd travelling, but hated a Coach, becaufe it made him a fi^^Hi'sTut
Prifoner, and hindered his looking about to furvey the Country, in merRefidencc.
which he took a great Pleafure; and, for that Reafon, he loved a
Horfe. I had a grave Pad that fitted him, and he always defired the
Ufe of that fage Animal, that was very fure and eafy, but flow.
While his Wife's Mother, the Lady Cann, lived at Briflol, he made
annually a Vifit to her ; and, when 1 had the Honour to ferve as Re-
corder there, I accompanied him. We joined Equipages, and fome-
times returned crofs the Country to Wroxton, the Refidence of the
late Lord Guilford. We had the Care of Affairs, there, as Truftees
for the young Lord Guilford^ who was fent abroad to travel ; and
we thought it no Differvice to our Truft to refide upon the Spot
fome time in Summer ; which we did, and had therein our own Con-
venience, and charged ourfelves in the Accounts to the full Value of
ourfelves, and the Diet for our Horfes. But, our Way of living there
being fomewhat extraordinary, I think it reafonable to give an Ac-
count of it. In the firft Place, the Lady had a (landing Quarrel
with us ; for we had fuch a conftant Employ, that {he could have
none of her Husband's Company ; and when {lie came to call him
to Dinner, {lie found him as black as a Tinker.
There was an old Building, which was formerly Hawk's Mews. ^Janual Exer-
There we in{lituted a Laboratory. One Apartment was for Wood- *^^^'-
Works, and the other for Iron. His Bufinefs was hewing and framing,
and, being permitted to fit, he would labour very hard ; and, in that
manner, he hewed the Frames for our neceffary Tables. He put them
together only with Laps and Pins; but fo, as ferved the Occafion
very well. We got up a Table and a Bench : But the great Difficulty
was to get Bellows and a Forge. He hewed fuch Stone as lay about,
and built an Hearth with a Back, and, by Means of Water, and an
old Iron which he knocked right down, he perforated that Stone for
the Wind to come at the Fire. What common Tools we wanted,
we fent and bought, and alfo a Leather Skin, with which he made a
Pair of Bellows that wrought over Head, and the Wind was con-
veyed by Elder Guns let into one another, and fo it got to the Fire.
Upon finding a Piece of an old Anvil, we went to work, and wrought
all the Iron that was ufed in our Manafadlory. He delighted mo{l
Dd in
I
i
201
mi f'
Mr. Mcunt.^gu
Scrth 1 Pri-
foncr in Vr.race,
. T/j^ L I F E of the Honourable
inhewirg. He allovyed me, being a La,,yer as he faid, /, be the
kli Fcrgc-r. Wc fdlowed the Trade fo conftantly and clofe and
he ccmng ont fomet.mes with a red (liort Waftecoat, red Cap and
hlack Face the Country People began to talk as if wc ufed fo.ne un-
kwf ul 1 rades there, cl.pping at leaft ; and, it might be, coining "f
Money. Upon th,s we were forced to call in the^Blackfmith and
fome of the Ne.ghbonrs, that it might be known there was n;itl er
Damage nor Danger to the State by our Operations. This ^.as Morn
ing s VVork before dreffing ; to which Duty we were ufually fum-
Funilv ^^ rtV"-Ais Servant ; and
the Cafe was fuch. that a Surgeon muft be icnt for, and ufed to
prevent Extreniity It was fo done, and, in a Week, tl,e Sur/, to fee his Relations there, and I towards Norfolk, taking ^ttle^ rnXnanf' *
hroug/j in my Way ; from whence, at his Defire, I faw Bejihorp, Cold!
and recommended it to him. I returned to London, and was there
before him. After he was come up, his Lady faid that flie obferved
him very heavy all that autumnal Seafon, and, in the Journey to
London, had no Heart nor Spirits to mind Things, as formerly he had
done. He had not been long in Town, before his Winter Enemy, a
Cold, attacked him. He, being phthifical, never Oiifted well with a
Cold ; but it was his refolved Way, to carry his Evils about with
him, which he could not fliake off; and fo, with immane Cough-
ing and flriving, he ufed to get well again. Now, he worked upon
his Books, and went abroad but feldom without me; and, the laft
time lie was at the Exchange, I obferved an unufual Deadnefs in his
Countenance ; and he did not cough fo much as ufual, but wanted
Breath \
'<'
I'
I
1
I.
208
The LIFE of the Honourable
Sir DUDLEY NORTH.
log
His laft Sick
nefs and Be-
haviour.
itii
PI
Breath j and very often, as one tired, went and fat him down upon
the Benches.
After we had dined, he eating and drinking very little, and being
very dull, I went my Way, and left him, not dreaming his Cafe was
fo bad as it really was ; for we had adjufted, two Days after, to go
down and agree for Be/lborp -, and the beft of our Difcourfe, fome
Days before, was of the good Air and Diverfion we (hould have in
that Journey, and what good Neighbours we fhould be to each other
in the Country. And Woe had been to me, if we had gone, and he
had been taken ill in the Journey. At Night, according to Cuftom,
I came home, and found him in Bed, and his Lady fitting filent and
forrowful in the Room, with Mr. St. Amand the Apothecary. This
was a ftrange Scene : But, it feems, in the Afternoon, his Breath had
almoft left him, and he grew fiery hot with a Fever, and not able to
fit up, as he would have done if he could. He was thereupon put
to Bed, and, as I found him, lay gafping for Breath, without any
manner of Difcharge, or Offer at coughing, whereby he might have
been a little relieved. He difcourfed ferioufly, that he found him-
felf very ill, and concluded he (hould die ; that he knew of no Caufe of
this Illnefs on his Part, and God's Will be done. Dr. Radcliff was
fent for ; and he, obferving his breathing with a Syncope^ or fmall
Hiccup, (if thofe may not be counted one and the fame Term) afked
if he was ufed to breathe in that manner ; and, fomebody faying iV^,
he afked no more Queftions, concluding, as I believed, that the Pa-
tient could not recover. The next Day, the Minifler came, and he
had the holy Sacrament given him ; and, whilfl he lay ill, which
was not above two or three Days, the Prayers of the Church.
His Regimen; He had no Medicines but a little Cordial Julap, and, as Radcliff
filial Depar-'''^ prcfcribcd, a Pedoral, more for Form than any thing elfe, being only
a little frefh drawn Linfeed Oil. He was, as I perceived, refolved
not to be a Subjed of the Artift's Experimentations, and did reludl at
that naufeous Medicine, and was jufl going to declare, I had almoft
faid fwear (as, in the Height of PafTion, fometimes he did) that he
would not take it j but he flopped in that Inflant, and I know not if
anyone, but myfelf, obferved it; and then he faid. What you will^
without any Diflurbance at all. I thought Religion, as well as Rea-
fon, whifpered him that his Time was his Friends, and not his own,
and that he fhould not add Afflidlion to them by any averfe Singularity
on his Part, which he might prevent by his entire Refignation ; and,
from that Time to the lafl, he behaved himfelf accordingly. Mr. St,
Amand, who had been our Neighbour and Acquaintance, and with
whom we ufed to talk merrily about his Trade, and how little Life
4 (truly
ture
(truly confidered) was worth, thought now that he had got a Con-
vert, with a large Table and Window-Boards to be furnifhed with
Pots and GlafTes ; but he found little or nothing, of that kind, called
for; and a Patient too, who was not concerned at his Cafe, but ^
feemed as willing to die as to live. This aifedled him fo much that
he could not hold faying. Welly I never faw any People fo willing to ^
die as thefe Norths are. Sir Dudley lay not long in this manner ; ^
bu^, in all good Senfe, Confcience, and Underflanding, perfed Tran-
quillity of Mind, and entire Refignation, he endured the Pain of
hard breathing till he breathed no more j which happened on the 3 ifl
of December 1691.
After this, his almofl dying Widow retired ; and it fell to my Interred in co-
Share to provide for the Funeral, which was honourably celebrated, c!^^ft^'^^'*j
and his perifhable Part depofited in Covent-Garden Church, near the removed to
Altar. His Lady, recovering herfelf by flow Degrees (for her Grief Glmham.
had no Cure but Time) undertook the Charge of educating her two
Sons, his only Remains, and making the befl of their Fortunes,
which were amply provided by his lafl Will, and, for their Sakes, of
her own : For fhe continued a Widow twenty-five Years at leafl ;
during which Time, fhe lofl her younger Son Roger ; which Lofs
was alleviated, by her having the Happinefs to fee her eldefl Son
Dudley married and fettled in Profperity, with his Family, at Glem-
bam in Suffolk, And when her Time of Change was come, fhe chofe
to lie in the Parifh-Church there ; adding her Defire, that the Corps
of her Husband might be taken up and, being joined with her's, be
conveyed down, and interred both together. All which, by due Or-
der and Authority, was pioufly performed.
u
Ee
^ Letter
\A
'■■ 'I
i
I
i
i
210
APPENDIX.
A Letter from Adrianople to one of the Duke of Tufca-
nyV Mmifiers, Refident at Conftantinople, giving an
Account of the Feajis and Solemnities at the Circmcifton
of a Turkifli Prince and other Occafions ; written in
Italian, with an Englilli TranfJation.
^^^ Jfortb was the Bhh of feven Sons of the Right Honour- His Parentele
able Sir Dudley horth. Knight of the Bath, Lord North Baron of ^^^ ^^'^^^^"•
Ktrthng, and Anne one of the Daughters and Coheirs of Sir Charles
Mountagu a younger Brother of the Boughton Family. He was
iV' u"^'\ September ^ .645, and had diverfe Brothers S
Miters, elder and younger; of wliom, with the reft of his Relation
which was widely extended among the chief of the Nobility a par^
ticular Account is not here required ; and thus much is mentioned
only to fhew what, in the following Account of his Life, w 11 be
confirmed ;^.^. that the juft Value of an honourable Defcen re-
ceived no Diminution by his Charader. i^cicenu, le-
^ When he was very young, and alfo as he grew up, he was of ^ Tm-.peratu^e
nice and tender Conflitution, not fo vigorous and athletic as moft o?' ^'^^ -^
his Bothers were. His Temper was always referved rdftSnf '"'''"
for wh,ch Reafon his noble Parents defignedl.im early fc^'LSS
And the rather, becaufe they obferved him not inclfncd to thX' l"
enle Irregularities to which Boys are ordinarily propenfe- but v^ h
an unufual Refpec% he refigned himfelf entirely to the Ord^r of hi Pa
rents, and particularly in their profeflionary Difpofition of him and
even at Schoo , .s well as at home, he beLved himfelf acSdinX
if any thing fo early leemed amifs in him, it was a ron-natural CrT' '
vity whiclj^ in Youths, is feldom a good Sign , for i'^e mbe"
cilhty of Body and Mind, or both; "but his lay vvhollv fn the fo '
mer^ for his mental Capacity was vigorous, as none more "
lU.-c r^T 1 /!• T- 1 — r7~*v ""'^ vig^iuuo, cii) none m(
S ttl' n.^c"?/'°" ':i' ^ll°g5'^^^^' ^^- ^dmund^s Bury Inl^ Bury
■ « School there, f a -^-^
Suffolk, under Dr. Stephens, then Mafter of an eminent School ther^ ^'■'"'°' ""<'^'-
IZTt^r^Sl in tr 0"^"""/^° ""' "° forwarder Vor'ht S'ttr
dcnce tlieie fell in the Dregs of Time, when, after the Martyrdom T™«.
of King Charles I a Babel of mifhapen Powers tormented tl ; Peon^
of England, until the happy Reftauration of Kin- Cha'-'csU tlfut
Crown, and the Nation to their Law,- A ^'"?. ^'■"^l"^ ^'- to pe
Retirement! The Mafler^'Jr'kdam^;notgt T Tn^id^or- S >
Flights in Poetry and Criticifm, and what we^^w ca " !£. 'It
amifs in his Employment. The vvorft of him .^ what his C^.
" ^^ ^ pulence
:^i
t »'.\
m
Hi
1X6 'The LIFE of the Honour able and Reverend
pulence declared, the being a wet Epicure, the common Vice of
bookilh Profeflions. We pals by his Partiahties (which were indeed
fcandalous, and pernicious to many of his Scholars) becaufe they hap-
pened to turn in favour of our Dodor; for his Mafler was exceed-
ingly fond and proud of him. One Happinefs was, that he was a
noted Cavalier^ then, the Title of the King's Friends, in Oppofitiori
to the Rebels, who, from a precife Cut they afFeded, were ftyled
Roundheads, In the word of thofe Times, the Mafler, in his Fa-
mily, ufed the Forms of Loyalty and Orthodoxy ; but, being reputed
little better than a Malignant, he was forced to ufe outwardly an oc-
cafional Conformity, by obferving the Church Duties, and Days of
fuper-hypocritical Failings and Seekings, wherewith the People, in
thofe Days, were tormented, though now worn out of almoft all
Credibility ; and he walked to Church after his Brigade of Boys, there
to endure the Inflidion of diverfe Holders-forth, tiring themlelves
and every body elfe : And by thefe means he made a fhift to hold his
School. It happened that, in the Dawning of the Reftauration, the
Cancre of the Times initigated ; and one Dr. Boldero, formerly a
Captain in Scotland under Montr ofi^ and, between the Ladder and
the Rope, had narrowly efcaped hanging, now in epifcopal Orders,
kept a Church of England Conventicle in Biiry^ ufing the Common-
Prayer ; and our Mafler often went to his Congregation, and ordi-
narily took fome of his Boarders with him, of whom our Dodlor
was, for the moil part, one.
Farcntcle af- There may be fome Doubt whether the Genius of an Education
feds Manners hath that mighty Influence upon the Condud and Morals of a fu-
dicltioo^'r^e^^'^^ Life, as commonly is reputed ; for we fee daily young People
Doftor had coming up in a Strain diredly oppofite to the Opinions and Ufages of
both good, their Families. But yet it is to be accounted a Felicity to enter the
World in the right Way, efpecially in a political Senfe ; for Party
runs in Families more than Virtue or good Manners : For Strength
of Mind may get the better of all Prejudices, and even of, that
which is the flrongeft, Education. And I have refleded, that if our
Dodor (as I yet prefume to flyle him) had been bred in the horrid
Din of Exclamation againfl Prelacy, Arminianifm, and Popery, as
the Mode of thofe Times rang, he had fuch Strength of Reafon, and
Bias towards Truth that, in his riper Years, he could not have been
a Fanatic, whereof the Compofition was Crofs-grainednefs, Ambi-
tion, and Malice. But herein I mufl diflinguifh Parentele from Edu-
cation ; for the latter afFeds chiefly thofe who are lazy in thinking,
and, coming to Man's Eflate, are glad to be determined any Way,
rather than endure the Fatigue of a ferious Deliberation. But from
Parentele are derived a depraved Will, Inclination to Evil, and Man-
ners
m
Z)^. JOHN NORTH. ^37
ners every Way corrupt ; which made a venerable Gentleman, the
honourable Mr. Henry Grey, ufe (in his particular Phrafe) to fay
often By G^d's if, ware a Breed, Herein our Dodor appears to
have had a double Felicity, a righteous Education, and Parents of
iufl and honourable Principles, if any fuch ever were.
^ After the happy Reflauration, and while our Dodor was yet ^^^^;-
School the Mafler took Occafion to publilh his Cavalierlhip by all ^^^,1^ j^awa
the Ways he could contrive ; and one was putting all the Boarders, by Mr. b/c;«-
who were of the chief Families in the Country, into red Cloaks, be--^^ •
caufe the Cavaliers about the Court ufuaily wore fuch ; and Scarlet
was commonly called the King^s Colour. Of thefe he had near
thirty to parade before him, through that obferving Town, to Church ;
which made no vulgar Appearance. It fell out that, about that! ime,
one Mv.Blemwell, a Pidure-Drawer, refided ^t Bury, He was an
early Friend and Acquaintance of Sir Peter Lely, who alfo fpent
fome Time at Gentlemens Houfes thereabouts. Mr. Blemwell was
allowed of by Lely to have had a very good Judgment in the Art of
Pidure but his Performances were not equal to his Skill. He was
a civil and well-bred Gentleman, very well accepted and employed
in the Town and Neighbourhood ; and, among others, he drew our
Dodor in his red Cloak jufl as he wore it. And I cannot but appeal
to this Pourtrait, now in my Cuflody, for Demonf^ration of what I
have alledged concerning his grave Difpofition. The Countenance is
modefl and compofed, copied from pure Nature, wherein nothing is
owing to the Painter, for it was very like him. This little Pidure is
the niore to be efteemed, becaufe there is no other ; for he could never
afterwards be prevailed upon to admit any to be made of him, as, in
the Courfe of this Work, will be obferved. ^ ^ ^ . , r. a • t r
He was much taken notice of for hi. amiable Gravity; and after A n^a.^^^^^^^
he grew up to Man^s Eflate, he retained a florid \ outhfulnels in his countenance
Countenance, of which more will be obferved afterwards.^ In the always aorid>
mean time, this fhort Relation may ferve to interpret the bizarr Po-
flure and Habit expreffed in that Pidure. I may remember, for the
Credit of that Scarlet Troop, and their fcholaftic Education, that
not above one, or two, of the whole Company, after they came to
ad in their Country Minillrations, proved Anti-monarchic, or Fanatic.
The Effed of which good Inclination towards the Perfon and Go-
vernment of King a^r/^ill. daring the greateft Diforders in his
Reign appeared in a celebrated Union of the Siiplk Gentry m Op-
pofition to the Rage of an impetuous Republican Fadion flagrant in
that Country. The State of which Strivings are reprefented in the
Examen, where it was requifite this Myflery fhould be unfolded, m
11'
\i\
A perre(£t
School Scho-
lar } and of
238 T/he LIFE of the Honour able and Reverend
order to refolve the famous Law Cafe between Soams and Bernar^
diflon.
To return to our Dodor 3 I need not flay to exaggerate his Steps
lar, and or ^^ P^'oficiency in Learning. It is enough to alledge that he was an
the D.fciplinc.accomphrhed Scholar, which the Forwardnefs of his Advancement
afterwards demonftrated. It could fcarce fall out otherwife with him
having good Parts, and having ran through tJie whole Courfe of a
large School, always diligently applied, and little diverted by Play
as moft of his Age ufe to exceed in. And the Methods of the School
were no flight Advantage; for the Mafter required all his Scholars
to fill a Quarter of a Sheet of Paper with their Latin Themes and
write the Engli/Ij on the oppofite Page. At the prefenting them a
Defk was fet in the middle of the School, where the Boy flood and
rehearfed his Theme in Latw, or Er2g/ij7j, as was required : And at
this Ad, a Form or two of Boys were called for up from the lower
End, and placed by Way of Audience; and the Mafler had Oppor-
tunity to correa Faults of any kind, Pronunciation as well as Com-
pofition. This Difcipline, ufed generally in free Schools, miaht pre-
vent an Obloquy ; as when it is faid that, in the grand Aflemblics
lor Eng/iJ/j Affairs, there are found many Talkers, but very few
opeakcrs. -^
After the Dodor left Bt^ry School, he pafTed fome Time at his
"ll^Z^'^ff'' ^^"^^ J^'^^'l ^^ ^^^"^ '^ the Univerfity ; which Time was
bie Father road "ot Jolt, ior his Father, (according to the Way he ufed with fome
&;ts ""u-'l ""' ^'' ^°;";)/^^d ^"d interpreted to him a common Logic, I
to him/' y^'"^^ '^ ^as Mo/meus, with fomewhat of Metaphyfrcs. This was
fome Eafe at his firfl Entrance into the College; for many take fuch
a Diflafle at what feems to them at firft a mere Rattle of Words
. that they are very flowly, if ever, reconciled: As^he Scholar, that
could not conquer the Senfc of homogene and heterogene, declared
// /:e were once at home cgain, he would never come hither a^ain I
ought not here to let pafs the Care and Capacity of a Nobleman who
performed the Office of an Academic Tutor to his Sons, in order to
eafe their firfl Undertakings at the Univerfity ; of which there are
not many Examples.
Scnttrc^;«. At length, in the Year 166 1, our Dodor was fent to Cambridge
Wtc:.'"' ^f Pl^"^^^ '^ y^!^'' ^^%^' ""der the Tutorage of Dr. Cook. At
moncr inyc-t^^t lime, Ux, Fcriie was Vice-chancellor, and our Liturgy Non-
fus college, Con, Dr. Boldero, Mafter of J ejus-, with whom a previous Acquain-
tance at Bury (of Dr. Stephens at leuft) might be the Inducement of
his being placed there. He was admitted a Fellow-Commoner But
when his Grandfather, the firft Dudley Lord h'orth, died, whereby
the
Before he
then Noble
man.
^39
Z)r. J O H N NORTH.
the Barony defcended upon his Father, he left the Pofl of a Fellow-
Commoner, and afTumed that of a Nobleman. But notwithflandin^-
that, he was diligent in his Studies, kept Chapel, and in Perfon per-
formed moft of his Exercifes as were confiflent with his Station in
the College. His Quality affured to him many Advantages, efpe-
cially in the Way of Preferment in the Church. A Mafler of Arts
of that College ufed to fay, that he v^ould give all he was worth to
be a Lord's Son ; meaning thrt fuch a one of ordinary Learning and
Morality, could not efcape being, early or late, well preferred. This
was no fmall Encouragement to our Dodlor, who thought it an Li-
flance of his good Fortune that his Father outlived his Grandfather;
otherwife the Advantage of Precedence, ^c, had come fliort of
him.
Here the Do(rtor became fettled in a fevere Courfe of Studv,T^ireaed hh
which he purfued with all the Ardor of one that knew nothing but^!"^'" ^°^
his Learning could make him confiderable, or indeed capable to fub- ferments/^'
iifl as he delired ; which the Poflure of his Family, as will be ob-
ferved, made him mofl fen fible of. We read of primitive Induce-
ments to enter into Holy Orders, with open View of Poverty and
Perfecuticn ; but now the Cafe is altered ; for the only Inducements
are Plenty and Preferment : And fince it is fo, that the Church is
fought as a fecular Employment, we are not to expedt, nor do we
find, more Rigour of Life and Pradlice in Ecclefiaflics, than in other
common Men who feek their Preferment in other Profeffions. There-
fore it is very unjuft, under this Change of Motives, that the Caufe
of Religion fhould in the leafl fuffer, or be fcandalifed by the Beha-
viour of particular Clergymen. It is certain our Dodlor was em-
barked in that VefTel j and as for his Behaviour in it, the refl of his
Life mufl fhew. At prefent we will leave him to his Studies, and
retreat a while to confider his natural Temper and Propenfities ; fuch
as, of one kind or other, all Men living have, and which came into
the World with them, and are in their Power to alter no more than
Compledtion or Stature.
The Doctor's greatefl, or rather only, Infirmity was a natural ^'^ "^'"''^^ ^^^
Timidity, owing to a feeble Conflitution of Body, inclining to theT^^\j^if^y"*
effeminate. This, under fome Circumllances, and without a Mind
as vigorous and flrong as his Body was weak, might have opprefTed
him. He was always fenfible of this Weaknefs, and, during the
whole Courfe of his Life, laboured to conquer it, and, as to outward
Appearance, prevailed ; and what was infuperable lay dormant within
himfelf. One would have expedted that a Youth at the Univerfity,
no Frefhman, nor mean Scholar, fhould have got the better of being
afraid in the dark ; but it was not fo with him, for when he was in
Bed
I,
\\
240
Experiment
of his con-
cucring him
fi-if.
ffje LIFE of the Homnrahle and Reverend
Bed alone, he durft not triifl: his Countenance above the Cloatbs. For
fome time he lay with his Tutor, who once, coming home, found
the Scholar in Bed with only his Crown vifiblc. The Tutor, indif-
cretely enough, pulled him by the Hair ; whereupon the Scholar funk
down, and the Tutor followed, and at laft, with a great Outcry, the
Scholar fprung up, expeding to fee an enoim Spedre.
Another Time, which was after he was Fellow of the College, In
a Moon-fliine Night, he faw one (landing in a white Sheet. He
furveyed it with all his Optics, and was confirmed it was a Spirit (as
they call u) and rcfolved with himfelf, if he couM, to find out
what it came for. He got out of his Bed, and being Hill of the
fame Opinion, went nearer and nearer, till he might touch it ; and
then, reaching out his Hand, he perceived it was only his Towel,
hung againft the Wall, with the Moon lliining full upon it ; and
then'^he went to Bed and flept well. I have lieard him fay, that he
was fatisfied the Devil could not difcover any Man's Thoughts ; elfe,
he mio-ht flirewdly impofe upon thofe who were inclined, like hini,
to be m that Manner concerned. But it mufl be allowed that, in
this Inftance, his Strength of Mind got the better of his bodily Con-
ftitution, in forcing himfelf upon an Experiment few would have
cared to have made. I mention not thefe Paflagcs as of themfelves
worth remembering, but to diew that, as in the Cafe of our Dodtor,
a vigorous, adive Spirit may be quartered in a flight and feeble Ma-
chine of Flefli. But this propenfe Difpofition to Fear had a worfe
EfFcd: upon his Spirits wlien applied to tne Confequences of his
Life ; and, not only fullied his Charader by making him feem ava-
ritious, but even fliortened his Days, as, by the following Relation,
will be made appear.
^^^_,. He had in his Nature a Principle of Juftice and Duty inexpugna-
foiitionc, anJ]3|e J and was fortified with a Refolution not to run in Debt, nor to
of hV^fnuli^ help himfelf by any wicked Compliances, whatever otherwife be-
came of him. And while he was at the College, he jufl fliifted with
a fmall Exhibition from his Family; and if it had been lefs (accord-
ing to his flria Oeconomy) he had flill fhifted ; and more he did
not exped, knowing tliat the hereditary Honour mufl devour the Fat
of the Land. And as to future Preferments, nothing more uncer-
tain. All his Hopes hung upon mutable Interefls ; and he found in
himfelf but little Inclination to Courtfliip and Flatteries for Favours.
His Sheet Anchor was the Life of his Life, a dear Brother and
Friend, who might drop from him. He had an Ambition to be
Mafler of a good Library, but fcarce hoped ever to obtain it ; and
when he became able to make a fmall Purchafe of Books, he was fo
far happy, and in himfelf pleafed, that his Management fucceeded
fo
His moral Re-
Rc venues.
Z)r. JOHN NORTH. 259
fo well; which created in him a fort of Joy in a Perfeverance, even
after thejufl Caufe, by his being better provided for, ceafed.
It is certain that fludious and thoughtful Men, having an honeftsucccf.fuicc
Principle, are apt over critically to weigh the Contingencies of Life, ^^^ns tu I'kn-
and PofTibilities of Good or Evil that may concern them ; and as Fears ^"^'^ liabiiual.
are always much flronger than Hopes, commonly expedt the worfl;
and that inclines them to adl io as they think may befl fecure them;
and in that Courfe pleafc themfelves io long that, after all Caufe of
Fear removed, they continue tlie fame Cautioji, which becomes an
habitual Pleafure to them and, towards old Age, when Wants are
leafl, engenders a Vice called Covetoufnefs; and the rather becaufe
that doth not contravene their Principle of Juflice and Honcfly, ac-
cording to the Sentence of an old Ufurer that ufed to fay faving was
the lawjullejl IV ay of becoming rich.
This was literally the Cafe of our Dodor, who, by the Eafe herheDoftors
found in his Mind out of a careful and faving Courfe of Life while it Cares con-
was mofl reafonabie, could not forbear a hankering after the fame Tk""'*^ ^r""
Way even when he was preferred to his Heart s Content, and thereby ceafed.
the former Reafon ceafed ; for fo the Mind is, as it Vv^ere, habitually
gratified. But how well he conquered himfelf in that, as in all other
Inflances of Liclination contrary to right Reafon and the Decorum of
his Eflate, fuch as all Men mull have more or lefs, the following Ac-
count mufl determine. In the mean Time, to demonflrate how ob-
noxious learned Men are to thefe Impotencies, I may remember the
famous Dr. Cave^ and Dr. Beaumont^ Men of gigantic Knowledge, yet,
having rofe from fmall Beginnings, under the fame Paflion towards
Encreafe, and their Fame not much impeached thereby.
But now, to recover our Dodlor, we find him at J ejus Co/kge m^6s Tcilcw
fettled in a Fellowfliip, which he procured not long after he was capa- oijefuscoi-
ble. I find the Entry thus, Admiffus eft Jocius Coll J eft Mandato Gf Kf^comLr
Literis Regiis 28 Sept. 1666, when he was about fix Years flanding
in the College. That Society is divided into North and South, and
the Order is to eledt two into each Vacancy either North or South, as
it may happen, to be prelented to the Bifliop of Ely who makes which
he pleafes Fellow. The Dodlor came in the Place of a Northern
Man ; and the Bifhop (then Wren) made an odd Interpretation ; for
it^sftrafigCy faid he, thqt Mr. l^oxih ft: cu Id be looked upoji as a Northern
Man who had nothing North about him but his Name. Whether his
Lordfliip intended a Compliment to the Country, or to the Scholar,
is no profound Queflion. This Advancement was a great Relief to
the Dod:or's Mind ; for thereby he had a fort of Home, with no fmall
Advantage in his Oeconomy, and all entirely confiflcnt with his De-
fign of Study, which he purfued with a full Application.
I i Now
Hj
■«' i
4.)
$'
240 75?^^ LIFE of the Homurahle and Reverend
His Dcfreof Now he began to look after Book?, and to lay the Foundation of a
apood Library cQj^petent Library. He dealt with Mr. Robert Scot of Little Britain,
vanccs'tlfat" whofe Sifter was his Grandmother's Woman ; and, upon that Ac-
\vay. ' quaintance he expcded, and really had from him uiefiil Information
of Books and the Editions. This Mr. Scot was, in his Time, the
greateft Librarian in Europe-, for befides his Stock in England, he had
Warehoufes at Francfort, Paris, and other Places, and dealt by
F;.dors. After he was grown old and much worn by Multiplicity of
Bulinefs, he began to think of his Rafe and to leave off. Whereupon
hecontraaed with one Mills of St. Paid's Church- Yard near 10,000/.
deep, and articled not to open his Shop any moie. Bui Mills, with
his Auaioncering, Atlaffts, and Projedts, failed, whereby poor Scot
loft above half his Means. But he held to his Contrad of not opening
his Shop, and, when he was in London, for he had a Country Houfe,
paffcd moft of his Time at his Houfe amongft the reft of his Books ;
and his R. :iding (for he was no mean Scholar) was the chief Enter-
tainment of his Time. He was not only an expert Bookfeller, but a
very confcicntious good Man; and when he threw up his Trade,
Europe had no fmall Lofs of him. Our Dodor, at one Lift, bought
of him an whole Set of Greek Claflics in Folio, of the beft Editions.
This funk his Stock at that Time; but afterwards, for many Years of
his Life, all that he could (as they lay) rap or run went the fame Way.
But the Progrefs was fmall ; for fuch a Library as he defired, compared
with what the Pittance of his Stock would purchafe, allowing many
Years to the gathering, was of defperate Expediation.
Hi. Opinion Hc was early fenfible of a great Difadvantage to him in his Studies,
of Books in by the not having a good Library in his Reach ; and he ufed to fay
genmi. ^j^^^ ^ j^j^pj ^Qy^]^ ^^^ be a Scholar at the fecond Hand: Meaning that
Learning is to be had from the original Authors, and not from any
Quotations, or Accounts in other Books; for Men gather with diverfe
Views, and according to their feveral Capacities, often perfundlorily,
and almoft always imperfedly : And through fuch flight reading, a
Student may know fomewhat, but not judge of either Author or Sub-
. lea. He ufed to fay an old Author could not be unprofitable; for
although in their proper Time they had little or no Efteem, yet, in
after Times, they ferved to interpret Words, Cuftoms, and other Mat-
ters found obfcure in other Books ; of which j4,Gellius is an apt In-
Aance. He courted, as a fond Lover, all beft Editions, faireft Cha-
raders, beft bound and preferved. If the Subjeft was in his Favour
(as the Ciaffics) he cared not how many of them he had, even of the
fame Edition, if he thought it among the beft, either better bound,
fquarer cut, neater Covers, or fome fuch Qualification caught him.
He delighted in the fmall Editions of the Claflics by Sei. Gryphius-,
and
Dr. J OH N NORTH. 241
and diverfe of his Acquaintance, meeting with any of them, bought
and brought them to him ; which he accepted as choice Prefents, al-
though perhaps he had one or two of them before. He faid that the
black Italic Charader agreed with his Eye Sight (which he accounted
but weak) better than any other Print, the old Elzevir not excepted,
whereof the Charadlers feemed to him more blind and confufed than .
thofe of the other. Continual Ufe gives Men a Judgment of Things
comparatively ; and they come to fix on what is moft proper and eafy ;
which no Man, upon curfory View, would determine.
His Soul was never fo ftaked down as in an old Bookfeller*s Shop ; His induay
for having (as the Statutes of the College required) taken Orders, he 'j^J"^^''*^"'^
was reftlefs till he had compaffed fome of that Sort of Furniture, as
he thought neceffary for his Profeffion. He was, for the moft Part,
his own Fidlor, and feldom or never bought by Commiftion ; which
made him lofe Time in turning over vaft Numbers of Books ; and he
was very hardly pleafed at laft. I have born him Company at Shops
for Hours together, and, minding him of the Time, he hath made a
dozen Profers before he would quit. By this Care and Induftry, at
Length he made himfelf Mafter of a very confiderable Library,
wherein the choiceft Collcdlion was Greek.
It may not be amifs to ftep a little afide to reflect on the vaft Change Akentions for
in the Trade of Books, between that Time and ours. Then Little'^'^f^^^^J^''
Britain was a plentiful and perpetual Emporium of learned Authors ; Tr2e.'
and Men went thither as to a Market. This drew to the Place a
mighty Trade ; the rather becaufe the Shops were (pacious, and the j
learned gladly reforted to them, where they feldom failed to meet with
agreeable Converfation. And the Bookfellers themfelves weregj^ow-
in2 and converfible Men, with whom, for the fake of bookifli Rn(
.now-
ledge, the greateft Wits were pleafed to converfe. And we may judge
the Time as well fpent there, as (in latter Days) either in Tavern or
Coffee-houfe; though the latter hath carried off the fpare Hours of
moft People. But now this Emporium is vaniihed, and the Trade
contraded into the Hands of two or three Perfons, who, to make
^ood their Monopoly, ranfack, not only their Neigh.bours of the Trade
that are fcattered about Town, but all over England, aye and be-
yond Sea too, and fend abroad their Circulators, and in that Manner
get into their Hands all that is valuable. 1 he reft of the Trade
are content to take their Refufe, with which, and the frefti Scum
of the Prefs, they furnifti one Side of a Shop, which ferves for
the Sign of a Bookfeller, rather than a real one ; but, inftead of
felling, deal as Fadors and procure what the Country Divines
and Gentry fend for ; of whom each hath his Book Fador, and,
when wanting any Thing, writes to his Bookfeller, and pays his
I i 2 Bill.
\
»•
t M
» ' J :
N
common-
placed Jiis
Autho;5.
y I*
li
pt«
'I
lAi The LIFE of the Honour able and Reverend
'Bill. And it is wretched to confider what pickpocket Work, with
Help of the Prefs, thefe Demi-Bookfellers make. They crack their
Brains to find out felling Subjedls, and keep Plirelings in Garrets, at
hard Meat, to write and corredl by the Great ; and fo puff up an
0£lavo to a fufficient Thicknefs, and there's fix Shillings current for
an Hour and an half's reading, and perhaps never to be read or looked
upon after. One, that would go higher, mull take hisFortune at blank
Walls, and Corners of Streets, or repair to the Sign of Bate?}7au^
Innys^ and one or two more, where are befl Choice and better
Pennyworths. I might touch other Abufcs, as bad Paper, incorrecft
printing, and falfe advertifing; all which and worfe is to be expell-
ed, if a careful Author is not at the Heels of them. But 1 fear I
am led by thefe too far out of my Way.
R aathrou'')i ^ retuTU therefore to our Dodlor, who, in his Studies, was very re-
r.otai, but'notgular, and took his Authors one after another, and purfued effc6lually
through them, not leaving behind any Pafl^ige which he did not un-
derfland, or at leaft criticife upon as far as he could reach. He noted
as he went along, but not in the common Way by Common-place;
but every Hook feverally, fetting down whatever he found worthy to
be obferved in that Book. And thefe he kept by themfelves, as Com-
ments upon his Authors, till he had a confiderable Body of them:
But they are all confounded by a deplorable Sentence, of which I
fhall give an Account afterwards.
'Applied to the Greek became almofl vernacular to him, and he took no fmall
Tongues, ond Paius to make himfelf Mafter of the Hebrew Language, and feldom
loll no Time, f^jigd carrying an Hebrew Bible (but pointed) to Chapel with him.
He v^p^ notable Hulband of his Time, and contrived to make his
very Scraps, and intercalary Minutes, profitable ; and accordingly,
during thofe fhort Intervals between drefling and Dinner, and fuch
like Attendances, when he could not engage in the Texture of his
Study, he ufed to get the bed penned Englijl: Books, and read them
aloud 3 which he faid he did to form and improve his Englijh Style and
Pronunciation. And on fuch Occafions he ufed to fay, it was Pity tolcfc
any of his T^ime, And for the Advantage of his Latin, he ufed to keep
his Accounts in that Language, and as near the Claflic as he could.
Made Society ^^ ^^^ ^ ^^''X refenrching Spirit, that would not reft, even in
inftiuftive. ordinary Company and Converfation ; for with fuch as ftudied he
never failed to afk, or propofe, fome Points of Literature; and then,
by throwing out his own Sentiments, fifh for the Reafons and Opi-
nions of the Company ; and thereby, perhaps, found Occafion to cor-
real himfelf as to fome Overfights, or Miftakes he had been guilty
of. In fhort ; there was not an Opportunity that fell in his Way,
whereby he might improve himfelf, which he willingly let flip. And
all
Dr. J O H N NORTH. 243
all this derived from a native good Senfe: He had No-body at hfs
Heels to urge him forward. His Tutor was paflive, and the Scholar
foon fell to fliift for himfelf as a Bird that had learnt to pick alone,
and, having tafled the Fruit of Knowledge, purfued it witli an unin-
terrupted Pcrfeverance. „
And fomewh.it lefs of that might have been better for him. HeHmrty D,r.
kept himfelf bent with perpetual Thinking and Study, which mam-^p^^;.;,;;;^^^^
feftly impaired his Health. Even Converfation, which relieved others, his Tafte.
was to him an Incentive of Thought. He was fenfible of this, but
did not affedt anv Expedients of Relief to his Mind. I have heard
him fay that he believed if Sir Ifaac Newton had not wrought with
his Hands in making Experiments, he had killed himfelf with Study.
A Man may fo engage his Mind as almoft to forget he hath a Body
which muft be watted upon and ferved: The Dodor could overlook
in himfelf what plainly appeared to him in others. After Dinners and
in Evenings, he kept Company with the Fellows and Fellow Com-
moners in the Garden; but not long, for he could not be pleafed with
fuch infipid Paflime as Bowls, or lefs material Difcourfe, fuch as
Town Tales, or Punning, and the Like. ,^ ^r n.
The Dodor had no favourite Diverfion, or manual Exerciie, to relt Attempted
his Mind a litde, which he held bent with continual thinking. His M-Kk u^^^^
Parents, who were much addided to Mufick, recommended that to^ytycd.
him for a Diverfion, and particularly the noble Organ, as the fullefl,
and not only a compleat folitary Confort, but moft proper for an
Ecclefiaftic. And indeed, if Study had not had the upper Hand of
all his Intendments, he mufl: of Courfe have taken up in that Way,
his Parents themfelves being fo fond of it. For after the Care of
Prayers and Meals, nothing was more conftant and lolemn than Mufick ^
was in that Family. He was fenfible the Advice was very good, and
accordingly got a fmall Organ into his Chamber at Jefus College,
and fuffe'Jed himfelf to be taught a LefTon or two, which he prac-
tifed over when he had a Mind to be unbent ; but he made no
Manner of Advance, and one Accident put him out of all Man-
ner of Conceit of it. His under Neighbour was a morofe and im-
portune Mafter of Arts; and one Night the Dodor could not ileep;
and thought to fit himfelf for it by playing upon his Organ. The
Bellows knocking on the Floor, and the Hum of the Pipes, made a
flrange Din at Midnight, and the Gentleman below, that never heard
it fo before, could not tell what to make of it ; but, at Length, he
found it out to be his Neighbour's Organ. And thereupon, to re-
taliate this Night's Work, got out of his Bed, and, with his two
Couple of Bowls, went to Bowls by himfelf. This made a much
louder Noice than the Organ, and the Dodor was as much at a Lofs
*>
v,%<
^;,
244
ti
»
The LIFE of the Honour ahle and Reverend
to know what that meant, but, fufpeding how the Cafe flood, he left off,
and fcarce ever touched his Organ after. The Pleafure of Mufick is
like that of Books, never true and good, unlefs eafily and familiarly
read, and performed ; and then nothing is more medicinal to a crazy
and fatigued Mind than that.
Divcrte.' him- Tilt; Doctor had found out one petit Entertainment in his Study
iilrwi'hfce' befides Books; and that was keeping of great Houfe Spiders in wide
\"^ ^E''^^^,'" mouthed GlalTes, fuch as Men keep Tobacco in. When he had them
fafe in Hold, he fupplied them with Crumbs of Bread, which they
ate rather than ftarve: But their Regale was Flies, which he fome-
times caught and put to them. When their Imprifonment appeared
inevitable, they fell to their Trade of making Webs,* and made large
Expanfions and more private Recefles. It pleafed him to obferve the
Animals manage their Interefl: in the great Work of taking their Prey.
If it was a fmall Fly given them, no more Ceremony but take and
eat him; but if a great Mafter Flefli Fly, then to work, twenty
Courfes round, and perhaps not come near him, for he had Claws
fharp as Cats; and, after diverfe Starts to and fro, a Web was with an
hind Leg dexteroufly clapt over two or three of his Legs. After all
his Claws were in that Manner fecured, then, at a running Pull, a
broad Web was brought over him, which bound him Hand and Foot;
and, by being fixed to the Spider's Tail, the Fly was carried off into
one of his inmofl Recedes, there to be feafted upon at Leifure.
TheirVoutfc Spiders, like other Creatures of Prey, eat one another, and, for their
of Life, and coutinual Yyt{\gn of eating, are paid by a continual Dread of being
carting their e^ten. Two old Spiders will not be kept in one Glafs, unlefs acciden-
tally known to each other, or, it may be, Male and Female; but to
work they go, courfing about till the one hath got the better of the
other, and then falls too, and heartily feeds upon him. They breed
numeroully ; and the young ones, after the Example of their Fa-
thers, ufe the fame Trade. The Danger, as well as Fear, is com-
mon to all. There is little Regard to Relation or Families; and for
that Reafon, like Pikes in a Pond, none ever takes a Prey, but he
turns fuddenly round, left another fliould take him. When the Young
are hatch'd, and can run about, they lie (till, waiting for Advantages
over the reft, and care not raftily to expofe themfelves. If they are
difturbed, and fome made to run, the whole Nation is alarmed, and
many a Life falls in the Diforder before the Wars ceafe; and then
each, that furvives, makes merry with his Booty. Thus their Num-
bers, are reduced to a very few, who find Means of retreating into
Caftles of their own making. They caft their Skins at certain
Periods; and the Manner of doing it is remarkable. They hang
themfelves to the Cieling of their Web, with their Body downwards,
and
but
Dr. JOHN NORTH. 245
and holding themfelves faft up by all their Legs brought together,^ re-
main driving and pulling each Leg, till it conies out of the Iiofe,
and their Body is freed from it's Cafe ; and then they turn and run
away, leaving their old Coat in their Place ; as we ol.en fee them
hanging in Cobwebs. The Signal to them, of this Ciiange coming
on is a dry parting of the Skin upon their Backs ; whereupon tlicy tail
to work as was dcfcribed. The Doftor ufed to divert us with delcnb-
ine the Courfe of Life which his poor Pnfoners led.
When the Dodor was abroad, and abfent from his Studies, either witty in
by Vifits, friendly Meetings, or Attendances, his chief Dehght was m ^-"--yj;
Difcourfe. And he would apply himfelf to all Sorts of Company
in a brifk and fmart Manner ; for he was very juft and ready in his
Speech facetious and fluent; and his Wit was never at a Nonplus. I
have known him at Ad keeping Suppers as merry as the befl and
though he drank little, or Nothing, he fparkled and repartied, not
only faving himfelf harmlcfs (for the fober Man is commonly the
Mark) but returning the Bite. His Sobriety was fo extraordinary that,
with entire AfTurance I can afhrm that never in all his Life did he
know what a Cup too much (as they term it) was. And tte Con-
tinence was more fingular in him who was really a Wit in Conver-
fation, and his Company defired by all People that knew him; and
it is well known how much fuch Qualifications feduce Men to come
under the Turifdiaion of the Bottle. But this Abftemioufnels in Ex-
tremity proved of ill Confequence to his Health, as will be fhewed in
When any eminent and extraordinary Perfons came to the Univer- Affeft.d^Con-
fitv of whom fome had confiderable Recommendations, and, lortnej,^^^^,^„^„
better Knowledge of it, made fome fhort Refidence there, and were.nd vutuofi.
by diverfe Gentlemen civilly entertained, whether Sw-.
for his. "e /"'8 ^ i Inequality betwixt them, by his
placf in the Serfityf and Adva^ntage^ with Refped to Preferment ;
r d hiTco'nfoVting ratL with the younger Gentlemen t^an die Grave
and, as he thought, perhaps empty S^"'°;;; ^f^^^J^^^^^^
frfl ng a feleft Company of the learneder Sort in otner «..oiieges . nu
tSVng dients turned four, and Jealoufies Sufp.cons and Re-
Sons with morofe Countenances, bred out of them ; fo that he de-
fired if'p^flible, without his great Inconvenience, to remove h.mfef
foLemher College, where, as he propofed, he might pafs his
"^An'drthiXTwaf gratified by the Fortune of a Preferment which p.^^^^^b,
fell to hh Share. It was a Sine Cure in Wales, being a Moiety of the , „. ^,„.
Tythes of L/''«'^'«^«- "^ ^^^ ^^^ ^ood /ortune to be ^jable o. ,^^^
Preferment in the Church, when Dr. Sheldon was Archbiftiop of Cj»;/- ^,^,„
r/r/Sr That Prelate was a Friend to Quality, but more to Scholar-
£p -d goodOrder. and could not overlook one -me forward^m^th^^^
148
ii I
His Behaviour
in Concerns
more public.
General!/
cft:cmed, Ob
ferver of Or-
der and
Lc(flurcs, and
his Opinion
of them.
'U
II /
T/je LIFE of the Honour able and Reverend
Univerfity, and fo well recommended as the Dodor was : And of his own
Motion, without any Solicitation, or fo much as Notice on the
DoAor's Part, conferr'd this Sinecure upon him, and at the fame
Time declared that he chofe to give him that, rather than any other.
Preferment ; meaning fuch as in Confequence might have removed
him out of his Station of Learning and Study in the Univerfity. And
for the fame Reafon it was moft fuitable to the Dodor's own In-
clinations; for it fet him free, with a Power uncontroulablc to fettle
himfelf in what Way he pleafed.
I have hitherto dealt enough with the (lighter Circumflances of our
Dodor's Character. But we mufl now advance to Affairs of greater
Importance. As to the public, and the Orders of the Univerfity about
Congregations and Eledlions, which Matters ufe to call the Scholars
from their Studies into Fadion and Party-making ; The Do(flor was
always difpofed to be quiet, and little concerned himfelf with them.
He held a due Refpecft to Superiors, efpecially in Politicals ; and in
all his Behaviour and Converfation in the Univerfity, he fliewed an
innate Hatred of popular Fadion ; as well that which had been
feminated all over England, and began to appear in the Univerfity
againfl the Court and Government of King Charles II, as alfo all
thofe perverfe and contradidory Doings in his Time, too much a-
gitated with Intent to crofs the Heads, or fome as irrational Defigns.
I have heard him fay that he wondered Men profeffing Phibfophy
and Learning, fliould not judge, but follow one another, like a
Rabble, blindly, as if they had not the Ufe of tliinking. And he
ufed to fay Sharper Things; but, for the fake of our Alma Mater,
I forbear.
Few Perfons ever had more propitious Circumftances of Recommen-
dation, to render him efteemed, than the Dodor had ; for befides his
Perfon and Countenance feeming always juvenile and flourifhin'?, his
Relation to many noble Families, being an excellent Scholar, indu-
flrious, fober without Interruption, and, in his Manners, devoted to all
good Order, Religion, and Virtue, fet him upon an Eminence, and
fo many not common Symptoms of fpecdy Preferment, made him be
more than ordinarily obferved, and (perhaps) envied. Nothing ob-
ferved of him turned more to his Credit than his due Attendance
at public Exercifes and Ledures of mod Faculties in the Schools,
which was an unufiial, but very profitable Diligence. I have been
told this Obfcrvation of him by fome of our Neighbour Minifters that
were his Cotemporaries, and alfo that great Account was made of him
for it amongd them who know little befides fuch remarkables of
him. His Opinion was that, fince Books arefo frequent as now they
are, public Lcdures are not fo neceffary, or (perhaps) ufeful, as ia
cldet
Z)/-. J O H N NORTH. H?
elder Times, when firft inftituted, becaufe the Intent of them was to
fupply the want of Books ; and now Books are plenufu , Leftures
might better be fpared, and the promifcuous Ufe of Books come m
%h:VoaoT'conformed to all the Orders of the College^ ^l^om k.£,.
ate out of the Hall, and then upon a F.fh Day only, being told it _,^ ^,_^^^.
was for his Health. He was conftantly at the Chapel Prayers, fohouf.
much as one may fay that, being in Town, he never failed This in
Z Morning fecured his Time; for he went from thence diredly to
tl^:^^IZ.nyS^.^.zorBr..U.^.i^\^. Whilft he was at
%erus Colksre, Coffee 'was not of fuch common Ufe as afterwards, and
^offce-houfes but young. At that Time, and long after, there was
but one kept by one Kirk. The Trade of News alfo was fcarce fet
up; for' they had only the public Gazette, till K,rk got a wnttea
News Letter circulated by one Muddiman. But now the Cafe is much
altered ; for it is become a CuRom, after Chapel, to repair to one or
the other of the Coffee-houfes (for there are diverfe) where Hours are
fpent in talking; and Ids profitable reading of News Papers of which
Swa ms are continually fupplied from London. And the Scholars are
fo greedy after News (which is none of their Bufinefs) that they negledt
all for ii , and it is become very rare for any of them to go dired y to
his Chamber after Prayers, without doing his Suit at the Cotfee-
houfe; which is a vaft Lofs of Time grown out of a pure Novelty
for who can apply clofe to a Subjeft with his Head lull of the Dm of
a Coffee-houfe ? I cannot but think that fince Coit.e, with mott is
become a Morning Refrefliment, the Order, which I knew once efta-
Sed at Lamberh Houfe, or fomewhat like it, might be introduced
into the Colleges; which was for the Chaplains, and Gentlemen Offi-
cers to meet every Morning in a Sort of StUl-houfe, where a good
Woman provided them their Liquors as they liked befl; and this they
"m Dta5fc;™n-plac,ng. which is a Sort of Differtation up- -^ - ^
on fome learned Subjefl, in the Chapel, was a Sort of Preface to his p„,pi ^
attempting to preach; but he ufed a Precaution more pofitive; for be- preac^d be-
Se he wfnt into Orders, he procured a Pulpit at one of the Villages f-.^-^
near Cambridge, ufually ferved by a Fellow of the College, and there
preached onci or twice. This he did to prove his Forces, and ac-
nuire fome Affurance. before he undertook to perform more publicly.
The firft Sermon, that he preached in a folemn Audience, was before
the Kine at Newmarket, apon a Miffion from the bniveriity. J hat
was a fevere Trial of his Spirits, and he went with great Reluftance
of Mind • but Reafon and Refolution prevailed ; and he was not abaih-
cd at fo great a Prefencc. He faid that he made it a Law to him-
K k 2 *^"
y
I-
fi;
1 J o The LIFE of the Honourable and Reverend
felf to confine his View, above the People, to a certain Space which he
was not to exceed ; and, in fpeaking to a Muhitude, it is a good Rule
to mind none of them. The Sermon is in Print by jfohnHayeSy 1671.
The Text was the firft Verfe of the firft Pfalm, and the Difcourfe
moral, fit for an Aflembly not over zealous that Way. The King was
pleafed to fignify his Approval of it by faying, as he came out of the
Church, that the Preacher 'would Jbon be a Bifhop : And if his Majefty had
lived a little longer, he might have proved himfelf a Prophet ; but his,
as well as the Doctor's, untimely Death, fell in the Way of that Event.
The Ladies alfo were pleafed to accept the Dodlor's Difcourfe. One
of them, being afked how (lie liked Mr. North's Sermon, laid. That
he was an handjbme Man^ and had pretty T)o5lrim\
iMadc his Fa- The Dodlor had an Opportunity of exercifing his Divinity Faculty
thrr'sChip. upon one of his Father's Chaplains. His Fatlier, as had been fome-
vJkHadV* times ufed in that Family, wrote formally to the Univerfity of Cam-
bridge^ for a Chaplain j and they fent him one Kitch ;/ a Townf-
man's Son. He was very illiterate, but Thought to fupply that Defedl
by extraordinary Giftednefs, and behaved himfelf fo fanatically that
he was not to be endured. After him came a Brother of his, thought
to be a little better Scholar, and looking a little more like a Minifler
of the EngJiJJo Church. This latter when the Dodor was prefent,
preached mod damnable Herefy; i;/2j. that our BlelTed Saviour was
the carnal Son of Jofeph, This nettled our young Divine; and im-
mediately after he had dined, he took him to tafk in his Chamber,
and fo tutored liim that he thought fit, the next Sunday, to preach
a Recantation Sermon, begging God's Pardon, and the Congregations
Excufe, for his vile Error and Herefy unthinkingly preached the Sun-
day before.
The Dodlor was no great Traveller ; but fometimes he afifeded to
go Abroad, and, if he had his Choice, always on Horfcback ; for
he fancied that Excrcife good for his Health, and particularly in the
Cafe of the Gravel, with which he was troubled. Between Cam^
bridge and his Father's Houfe, and to and from London^ were the
chief of his Journies. If his Poft was in the Coach, he chofe to
change with an Horfeman. Once, after riding a very long Journey,
he came into the Room in the Inn where the Company was, and threw
himfelf down upon the Bed. Now faid he, I have the Pleafure of be-
ing very weary. He often vifited Sir Roger Burgoign, a virtuous and
learned Gentleman, near Cambridge, And once, at the Inflance of
his Mother, he made a Vifit to the Lady Hatton^ her Sifter, at Kerby
in Northamptonjhire, He found his Aunt there, forfaken by her
Hufband the old Lord Hatton, He lived in Scotland-Tardy and di-
verted himfelf with the Company and Difcourfe of Players and fuch
idle
Some of the
Doftoi's
Journies.
Dr. J O H N NORTH. 251
iaie People that came to him. while his Family lived in Want at
idle Feopie tnat ^ ^^ j^ ,g Conduft there to a favourite
clofetfof div'e^rfe devout Perfons, Such Dif^ence -s ofte,. foundbe-
S- fh-; 0^.!^ c-nr^r SntSmt (as he termed
''^it "X^diTgave^" Nephew as good Entertainment as tHc. .a ^ "
Jctfdfthat is. II him fo^^^^lZFc.:: whiS heVS^io-
where (lie ufually had fome good Pye. °f P;""^"^^;^' J"; .^^s'^cr-
Keighbou.. ^;^^^:^i:^£:z:J':, ;s ?hC «- ^^^
>xry mean and n.e had not t ^,hole Family, and the rum-
^^'"a ll Z ferh^sB other * (the incomparable Charles Hatton) and
tered Eltate, let his Bro;n«r i, y ^ Mother
his Sifters at Eafe. ^nd h.s fign^Und^^ ot 1. ^ g . ^^^^^ ^^^
is never to be forgot: F°^ ^^^ ^^^^ ^^^^^ ^er with all the Indulgence
Provifion home to him and ^^^^^«'"^^^f , ^f^a to declare that the
If mav be obferved by thofe that know much of Times, and reaa r^^^^ ^.^^ _^_
perhaps the moft important ^flag", are "j Remarkables of
Lies' As in Topograp^iJ' '^^;^bu ^t 1^^^^^^^^^
a Country are to be found jheje^ m ouMj^, providential Efcape of
to fay no worfe do -« A"^^;" f .^^7" „ „7jLgment, confidering
this noble Lord ? I muft F^^/hat ^^^^^ ^^^^^ that
his ^PP=^-"J. %°°i"f fiSand oVne^^^^^^ his Perfon Jas al-
fell upon his Family from »he "ana o , ^^^^^ .^_
^oft miraculoufly p^fe-^^^^^^^^^ Therefore I may
dicative of a ^^^XIT. d^ort Memorandum of it. His Lord-
be excufed it 1 give nerc * ^ Family, in
";'«=° Tr; :.''rs,e; .»;;;»• Wife (.he co..:> ^
'At
,.4
i
%\
IJZ
kind Enter-
tainment in
m
1 '.
li"'
fi
T/je LIFE of the Honour ahJe and Reverend
of Thunder fired the Magazine of Gunpowder, and blew up the whole
Fabrickj his Mother and Wife, and lome of his Children, and fome
others, were killed riglit out. His Lordrtiip, in his Bed, was carried
and lodged upon the Caftle Wall, whence was a dilmal Precipice
among the Rocks into the Sea. His Lordfhip, perceiving a mighty
Diforder, was going to ftep out of his Bed to know what the Mat-
ter was; which if he had done, he had been irrecoverably loft, but in
the Inftant of his moving, a Fladi of Lightning came and fhewed him
the Precipice; whereupon he lay ftill, till People came and took him
down. And fo was this noble Lord wonderfully, or rather, as I faid,
Journey to his miraculoufly, preferved.
SmcCare.and The greatcft of the Doctor's Travels was into Wales, to vifit and
be pofTeifed of his Sine Cure of Llandinon. His Defign was to have
gone incognito, but by Means of an extraordinary Civility, he was
difcovered, and then he was forced to receive a great deal more; for
falling among the Morgans and Manjells, who honoured him with
a Claim of Kindred, he could not pafs without being gencroufly en-
tertained. He came to a Welp Village (to fay no worf:;) in Order to
lodge for one Night ; and the Gentleman, that lived in the Town,
being informed that a gentile young Parfon was come to lodge at the
Ale houfe, fent and invited him to take a hard Bed (as they fay) at his
Houfe. The Dodor complied, and, after his Name, Relation, and
Errand was fqueezed out of him, he muft fubmit to be conduced
from Houfe to Houfe, Company of the Country attending ; and at
fome he ftayed a Week, or lefs, as Need required ; for he made him-
felf acceptable every where, conforming to the ordinary Ways of En-
tertainment in Ufe there, and confiftent with his Charadter. Some-
times, in the afternoon, they went to a clean, but mean, Alehoufe,
and the Maid, that ferved the Welj}^ Ale, ufually madeaCourtefy, and
drank to the beft in the Company, who kift her, and fo the Frolick
went round. But once, coming to the Dodlor, he drank his Cup,
but omitted the Ceremony that was to follow. The Maid, who per-
haps had more Mind to the fmooth chinn'd Parfon than to any of the
reft, made him a Courtefy, and Sir, faid (he, / perceive you do like
no Wels 'Oman, I remember the Dodlor told us that, when he came
to his Parifti, he found the Humour of the People very different from
what, on like Occafions, was often found in England, For inftead of
grumbling at, and affronting, a new Tythmongcr come down amongft
them, too often known in Englijh Villages, the Pariftiioncrs came
about and hugged him, calling him their Paftor, and telling him
they were his Sheep. After he had made his Efcape from his
many good Landlords, he got him back to his College as faft as
he could.
Whilft
Br JOHN NORTH. 253
Whilft the Doctor paffed fome of his Time at his beft Brother's h^^^^^^^^
Houfe in Oxfordj^ire, he defired to make Ufe of that Opportunity to ^J.^^,,,,^^^
St h Un-f rfuy o^' Oxford, and to make himfelf acquainted with Ent^tain^
fome of the eminent Men there. So we equipped, and fell in, on ^He
the Road with a reverend Divine, one Dr. Button, Fellow of a Col-
e.e and Minifter of Aynehoe on the Hill, who was bound for the
f?m; Port Neither he, nor our Dodor knew each other but by
Krr But as Travellers, for their Paftime on the Road, love to
.et^c^uainted fo they began a Sort of Amity, as well as Familiarity.
This wast moft pro^pitious Incident ; for Dr. Hutton, not only en-
Ltain^d us moft humanely but, attended the Dodlor in his Vifits of
he Sle.es and Schools, and introduced him into the Knowledge
of the Ss of the Univerfity, and particularly the great Dodor
iJlJho^L truly ereat in all hisCircumftances, Capacities, Under-
S J anrLearn^^ and above all for his fuperabundant pubUck
SKufeood Will, which flVined in his Care of the Youth, efpe-
P iV ^?.nl of Oua itv in the Univerfity. O, the Felicity of that
r.eLdPlacf Sn his Authority fvvayed ! He led us about and
Age and riace, ^'^^ , ,/ , f ^^ Defiffns there, and the
Sr.^:u'rre'fIwho V^fpS Ltnt;'B:oks. and Lned Men But
?warno capable toV.^g away much, and --^^er n^ne^.f ^^ ^°
that Reafon do not take upon me to account for any T^nig at all
nf f But I am fure our Doftor was much careffed, and, with thofe
Per^nswLm he happened to converfe with, feeming the moftcon-
fidSe waTcourted as one whofe Converfation they apparently af-
^rhe'SrnVf tSisT.^ Prefen^ent. .l.ing ^^^^^^^^
?elbw^^ on which Account only 1 believe he ftayed fo long there b.„„.,
ThereuDon he procured himfelf to be admitted oirrtntty College, had
Thereupon "^ pi"^ removed all his Effefts thither. He
a Chamber affigned him, ana rei^oveu pnlleae • as that
uM to alledac many Reafons for his Choice ot that College , as tnat
Walued much the^Company of that Society where refided many
excellent pTrfons , and he perceived more of the humane and polite
excellent rcnu , pfi. But, above all, the leading Card
'^as'tt^h^hlf for'ihS-re than thrice excellent Mafter Dr
Ban^l He had long ago contradled a familiar Acquaintance. I may
farFH^ndOiip. -h 'him and g "fed -, t^
li?'ml?rW™ : ReSs Holfe tLt had a little Stair to
his Days in Mn. ma ^^^^ .^ ^ ^^^.^ ^^^^ ^^^
pSmI It fo';^ at ^hls Day. The Mafter's Difeafe was an^higK
254
■.,;
Mik Mifter
of Trinity
upon ihc
Dcaih of Dr
The LIFE of the Hottotirahle and Rtverend
Fever. It had been his Cuftom, contraded when (upon the Fund of
a travelling Fellowlhip) he was at Con/lanttJiople, in all his Maladies,
to cure himfelf with Opium ; and, being very ill (probably) he aug-
mented his Dofe, and fo inflamed his Fever, and at the lame Time
obflruded theCrifis: For he was as a Man knock'd down, and had
the Eyes as of one diftraded. Our Doflor, feeing him fo, was ftruck
with Horror ; for he, that knew him fo well in his beft Health,
could beft diftinguifli ; and, when he left him, he concluded he {hould
fee him no more alive ; and (o it proved.
After the Death of this moft worthy Perfon, our Dodlor had the
Mafler{hip of Trinity conferred upon him ; and thereby was poffefled,
as he thought, of all the Eafe and Content he could by any Means pro-
B4rX"whichpofe to himfelf; and from thence he dated, as from an Epocha, the
proved a Bur- Rgpofe he had in Prefcnt, and in future hoped to enjoy. He accoun-
*^^"' ted himfelf very well fettled, when he lived as a common Mafter of
Arts in the College, without any Aid from the Revenues of the So-
ciety. What then muft the Alteration be when he was Mafter, and
had fo great an Encrcafe of Revenues and Accommodation as that
Station afforded ? But oh, the Difference between a private Condi-
tion and Magiftracy ! Before, when the Dodor had no Charge of Go-
vernment upon his Spirits, but of himfelf and his Studies only, he
was in all Refpeds eafy. But after this Preferment, than which no-
thing could have more nicely fuited his Defires, he fell under fuch
knawing Cares and Anxieties, that he had fmall Joy of his Life ; and
it was really (hortened thereby ; of which in it's proper Place. He was
' (to fpeak ironically) fo unadvifed as to think of Duty and Jufiice in Go-
verHment; and, for that Reafon, he ought to be made, as he was, an
Example for the Terror of others who, by rare Chance, may fall un-
der the Miflake of fuch bad Maxims; but here we are a little too
forward.
I ibourcd in During his former Refidence in Trinity College^ the Dodlor per-
theGr^eit, and fevcrcd in his Application to the Greek Literature; and his Time and
was made Pains therein were not loft, for he made fuch Advances that he was
hiTsentiments. reputed one of the befl Grecians in the Univerfity. And accordingly
in November^ 1672. he was eleort his Predeceffor, who was a famous Grecian. It is a tuUtory
SnSliulaVo^ Poem upon our Dolor's Eledion ; and it is to be foundPoc..
S^T^molz his Poems in Odavo, by John Hayes, 1676. and it
Las defi-ned as a Compliment for the Dodor's Honour who, by
Tanyfwfs thought too y'oung for that Poft. This Poem might pafs
very well, but for one Punn, which is this,
^ comicique Nubes
Frofigas, Jquilo, & facis fudum,
f the Gift of the Crown, waited as Clerk of the Clofct to King ^,„f^„„^i
rA /5ll That Port was not only a fure Track to Preferment xnc^U, li.
Sfe Church but agr'ed exceeding well with his Humour , for there
the Churcn, out ag faw how the Wor d went, and, withal,
h:d'hTscX retr.e?o w£ wis a v^ry convenient Lod^ng in /Fi/^-
^f/nnn the Parade of the Court, near the Prefence Chamber His
S wrprovid^d fo h5m' and the Chaplains in waiting were Com-
nlTo his Wifli At the Beginning he was in Danger of being
Skd wuKpertinent Vifi. w4h ^-i F^d crofs to^im
whofe Defign and Paftime was reading and thinking ; tor at «^urt
Siere is alSs a Sort of People whofe Day Labour .s having noting
S do anSo are apt to i^y>me, Jhall we go and Spend halj anHur
l^h'MrClctkoftheClofet? and, adding, to dnnk aGlaJi of Wtne
r if who couW efift ? But he had a Caution given him by a friend-
?v id brurtier not to entertain at his Chamber upon any Account.
^. ^ n,Ch I^ with fmall Beer in hot Weather; for if he did, his
^ wodd f" fruf hiS All Advice is acceptable to thofe wl. -
1 ■
2jdf
15.
Dralt as a
Confciror to
r.)mc devout
P ■oplc at
The LIFE of the Honourable and Reverend
inclined beforehand to take it; as the Dodor was, who lived, like an
Hermit in his Cell, in the midft of the Court, and proved the Title
of a foolifli French Writer, La Solitude de la Cour,
I have heard him fay that, in Times before the Reformation, by
Inftitutlon, or Uiage, the Clerk of the Clofet was the Proper Con-
feffor of the Court. And when he refided there, diverfe Perfons, far
from Papifts, efpecially Ladies, who thought auricular Confefiion,
though no Duty, a pious Praftice, applied to him for like Purpofes,
and to cafe their Minds. And he as pioully conformed, and did the
Office of a Pailor, or Parochus of the "Court. I have alfo heard him
/fay that, for the Number of Perfons that refided in the Court, a
Place reputed a Center of all Vice and Irreligion, he thought there
were as many truly pious and flridtly religious, as could be found in?
any other Refort whatfoever. And he never faw fo much fervent De-
votion, and fuch frequent Adts of Piety and Charity as his Station gave
\ him Occalion to obferve there. It often falls out that Extremes are
conterminous, and as Contraries illuftrate each other, fo here Virtue
and Vice. Therefore it is not reafonable to condemn Aggregates of
any Denomination, or the Individuals feparately, for the Practices of
fome, although they may be the ruling Party amongft them.
Obtained a During this SunHiine of Favour, the Dodor obtained a Prebendary
Prebenc'ary of of Wejlminfier J which alfo fuited him well becaufe there was an
mjiminjitr. jj^^fg^ ^^^ Accommodations for living in Town, and the Content and'
Joy he conceived in being a Member of fo confiderable a Body of
learned Men, and dignified in the Church, as the Body of Prebends'
were ; abfolutely unlike an inferior College in the Univerfrty. Here
was no Fadion, Divilion, or Uneafinefs, but, as becoming Perfons'
learned and wife, they lived truly as Brethren, quarrelling being never
found but among Fools or Knaves. Hie ufed to deplore the bad Con-
dition of that Collegiate Church, which to fupport was as much as*
they were able to do. It was an extenfive and induftrious Managery
to carry on the Repairs. And of later Time fo much hath been laid
out that Way as would have rebuilt fome Part of it. This Refidence-
was one of his Retreats, where he found fome Eafe and Comfort in his?
deplorable Weaknefs; as I fliall fhew when I come to that melan-
choly Pafs.
Accept-d and ^^^ Do(flor was much honoured by the Countenance, or rather
gr'eat]yfft«rn- Friend(hip of the Duke of Lauderdale. He was his Majefty's Com-^
miffioner for ScotlafjJ-, and being himfelf a very learned Man, was
a great Favourer and Encourager of all fuch. The Dodor came firft
into his Acquaintance, by the Means of the Duchefs. When (he was-
a Widow, with the Title of Countefs of Z)//^r/, fhe lived at Faken^-
bammSuffglk^ net- far from the Dodor's Relations, who neighbourly
correfponded^
td by the
Duke of
iMuderdale.
Z)n J O H N NORTH. 2j7
correfponded. This Ladv's two Sons, the Talmaches, and the Doaor
were Playfellows at School and at Home, and after he was grown up, flie
defired to fee him, and he often waited upon her, and moft refpedt-
fully anfwered her fevere Catechizations ; for (he was a Lady of abun-
dant Wit, and Knowledge of State Affairs and the Court. Thence
the Paffage was direft into the Converfation of the Duke, who, find-
ing the Doftor a well read Scholar, judicious, and, in the learn-
ed Languages a Critic, and, what, at that Time, was too much
wanted among the Men of Parts, of loyal Principles, fuftained by •
Rules of Duty and Policy inexpugnable, greatly efteemed, and fre-
quently admitted him into a Familiarity of Converfe \vith him. He
communicated his Library, which was fpacioiis, and furniflied with
Books that were curious and fcarce, efpecially in Matters relating to
the facred Hiftory ; and there was Opportunity of difcourfing oi Edi-
tions and Criticifm, and alfo of what had been much the Duke s
Study, the Subjeas of Popery and Fanaticifm. , ^ ,„
It happened that once, when the King was at ^'■"^'Hl^'^^^^J^i,.
Duke, though no Horferacer, attended. And it concerned h m not a p^^^^.^^^ l^
little to be continually near the King; for, at that Time, the Spirit
I
His Wrking,
cfpccially
ijfo The LIFE of the Honour able and Reverend
they maintain their gainful la^pofitions, and, particularly, th^( mon-f
ftrous Alpfiirdity Trai^jfu^jiftantiatiojo. Which th^y fortify with chi-^
meric Notions of Subftance and Accident, out of the farne non-»
fenfical Philofophy. What imports Arijiotles having had a tranf-
cendent Genius, if his infufferabl^ Domineering, and Contempt of
others, led him to divide frorn Truth, and to take up with certain
Scheme^ pf Words that fignify nothing, whereby to make all liis
own ?
The Do(3;or's Hand-vi^riting was very neat and clean, much re-
fembling what, now a-daya, they call an Elzevir Letter. He ufed a
Grw:-, fair and £*jjjQQ^j^ and round Pen, without cutting his Letters which were fja-»
gularly well formed and legible; and yet not like to any other Man's
Hand-writing, which happens to many that write for themfelves, and
much in a folitary Way. His Charadters were fmall, but very black,
ufing no, Abbreviations, But above all, his Greek Writing was ex^
quiiite, which demonilrated that he wrote a great deal of it. I have
feen many of his Letters, and alfo Notes upon Authors ; and do not
remember to have feen a Blot, or Obliteration, in them. This argues
^ very confiderate Proceeding, and a clear Underflanding which, go-s
ing before the Pen, prevented theOccafion of many Corrections and
Alterations, as moft ordinary Writers are tormented with. And it
feems, that, for Order of Writing, he chofe the Pattern of printed
Books.
A Friend to, As, for Arts and Scicnccs that flouri(hed in his Time, he defired to
but no great be a Stranger to none ; but did not profeffedly purfue them. Upon
this^ Accoi^nt h^ applied to the Mathematicks, but as a Friend, and
not. as a Lover. He. ufed to converfe miich with Dr. Barrow (who,
ia thofc Sciences had gone great Lengths) which one would have
thought (hould have fired him j but it had a moil contrary Effect,
for it cooled him and made him abandon the Study. The Do^s.
fhe LIFE of the Honourable and Reverend
fcarce underftand one another. And, in this Manner, the Dodor
and his near Friends, with utmoft Content and Satisfaaion, ufed to
entertain their Hours, when Affairs permitted them to be fo happy.
I have obferved that Men. profeffing general Learning, after they
have courfed through all Sciences, and literate Enquiries, have at
Length determined their Thoughts towards feme particular Subjefts
which have proved to be Favourites, and have become fo taken up
with them, that their Application hath been chiefly regarding them;
and from thenceforth. Matters, relating thereto, (hall be more ftria:-
Iv canvaffed and purfued than any other; and all in Hopes of making
fome Advances therein. Accordingly the Doftor began to concentrate
his Thoughts to certain particular Subjeds, and had formed the Out-
lines of fome Trads he intended to compofe for the Improvement
of Learning in thofe Topics which he thought had been imper-
feftly held forth, and not well underflood. And of thefe, according
to tny beft Remembrance of his ordinary Talk, and the Hints he
threw out, I purpofe to give the beft Account I can. .
I am well affured that he intended to compofe a critical Hiftory of
Philofophy and Philofophers, with the Originations, Conneaions,
Tranfitions and Alterations of the Opinions, and alfo of the feveral
Seas, how they fprung up, one under another coniparing their
Tenets and ftiewing wherem they agreed and difagreed, with their
Squablings and Altercations; and fo coming down fo low as his own
Time to ftiew how the Moderns had borrowed from the Ancients,
and what they had fet up new of their own. He ufed to fay there
was little of this Kind of Learning to be found in Print, and, being
once well done, it would be very ufeful to Scholars. I do not re-
member that Rapin's Works, which tend a little that Way were then
publiftied; but his Defign is more Criucifm than Hiftory The
Doftor alfo intended an Hiftory of the Heathen Theology, which he
faid was almoft wholly wanted. As for Comments and Notes of his
own upon the Greek and Latin Claffic Authors, he had great Heaps
of them by him. But. as I think, he intended not to publifti any
but occafionally, as Authors might happen to be reprinted, when they
might be ferviccable. And of that Sort were his Notes ^fonjom^
forementioned Pieces of the Platonic School, put out by Mr Ga/e-.
In Chriftian Theology he had a full Intention to publifli a thorough
Confutation of the Sociniam ; and fome flirew'd Touches that Way
were found in a Notebook, which by Chance efcaped the Fire as I
fhall fliew. I have heard him fpeak much of the Importance of that
Controverfy ; and he was fo far a Prophet as to declare he thought
that Herefy would foon break out and infult Chriftiamty itfelf. I do
not remember he difcovered any Difpofition to attack the Papifts, or
D;-. J O H N N O R T H. a6}
Seftaries, though he had confidered them well ; but he might think
there were Labourers enough at that Oar. In Politics he had no mean
Dcfigns. I think they may be reduced to three Subjedts. i. To ex-
pofc a deceitful Notion of a Republic, which he accounted ths worft
of Tyrannies under a Malk of Liberty, fhewing the diabolical Op-
preflions Injuftices, and Ingratitude of Communities afted in Courfe,
and efpecially againft good and juft Men. He faid he would go no
farther for this than an Hiftory of the Republic oi Athens, which would
(hew it fully. „ t> „
The Government of that City came neareft to a pure Democracy,
of any that ever was in the World. It fuffered continual Changes (fuch
is the natural Tendency of a Populace) and, at length, fell under Ty-
ranny in the worft Senfe, which is the proper End of all popular
Sway 2. He intended a Confutation of Mr. Hobbes (a Writer at
that Time, much in Vogue) and 3, as an Appendant to that, a Dif-
courfe of natural Juftice amongft Men, all pofitive Laws whatfoever
abftraded; that is how all Men, according to right Reafon, are
bound to live together, if no Pad. or Law, of any Kind had been
ever eftabliftied. This was the forwardeft of any Defign he had. 1
have caft an Eye glancing at a large Folio Book of his own Hand-
writing (and very fair) upon thatSubjed, but might not read any Part
of it So nice was he of even his Friend's Cenfure of what he did :
How much more of the Public? I neither know nor believe that he
made any Perfon living acquainted with his Scheme, but he hath
often in Difcourfe profered diverfe of his Notions, which I thought
very Angular. I do not know of any other writing Defign he had ;
but am fure his Mind was always full of various Flowers, which
often in Difcourfe broke from him, and were fuch as, if he had lived,
might have proved Subjeds of ufeful Treatifes And as to his Tenets
and Opinions in thofe he was at work upon, I fliall from the Light ot
the little Notebook I have of his, give Ibme faint Account. _ _ Comphinea
Bv what has been faid it appears that he was extremely nice in fjX""'^
his Compofitions; and. however it fared with the Subjeft Matter, he p™agcryot
was fr'liever to be pleafed with his own Compofition and Style. HeCon,po,.g.
never ufed nn Amanuenfis; therefore he might juftly, as he otten did,
complain of the Drudgery of compofing and of the great Difficulty
of writing well. He was much taken with the Penning of the Hi-
ftory of the Royal Society, by Dr. Sprat, and faid, that if he niight
fo acauire the Style of that Writer, he would read no other Book for
a whole Year. He ufed alfo to fay, that Study and Invention were
his Pleafures, but Penning his greateft Labour and Pain It is thought
that the Lord Verulam invented and ft'ggefted ; but then, as to the
tranfcribing, or even methodifing, his Matters, he refted himfelf
*'*' o' jyi jn upon
1.1
264 tlje Ll FE of the Honour alle and Reverend
upon others. The Romip Intereft have numerous learned Societies,
/ and not a few of the fame Order ; witnefs the Jefuits who communi-
cate, in any great Work that is to be publiflied; by fending out Tafks
to their Brethren as they think will be bed performed -, all which re-
turned, and compoled by that College, or Perfon, who fits at the
Helm, a (lately Work is launched. Thefe are not in the Power of a
folitary Author, whofe Heart is broke by the Pains of digcfting and
\ tranfcribing, to % nothing of the Charge of Amanucnfes and Copiers.
It's Pity there is not the like Communication amongft us.
He had no This Niccncfs of our Dodor, being fo very fevere as it was, had
Afi'iftances, ^j^ unlucky Tiuu by keeping back the clofing of any Work. He
by'^h^s SW- never thought it complete, as it fliould be, and would do all himfelf,
nt(s. ' invent, confult, compare, digeft, and tranfcribe, and never ufed any
Amanuenfis, or Copier, and, by this Means, the Public loft all thie
Fruit, and he the Credit, of all his Labours. He had a ready, clear,
and fignificant Style, and wanted nothing but, what too many have
too great a Share of. Confidence, and Aflurance of himfelf. This may
appear in thole Scra^ps of his which are in Print. But another Incon-
venience attended his Labours to be exadl : And it was this. He
found that, by often iterating, his Thoughts loft of their Force, and
his Pen grew ftiff, (as they fay that Painters, in working up, loofe
the Spirit of the firft Draught.) I have heard him complain fenfibly
of thefe Inconveniences ; but fuch Helps, as I have mentioned, would
'have given him great Eafe, but he was not difpofed to favour himfelf
that Way, This Slownefs of his Penwork was a prejudice to him in
other Refpedls ; for his Mind was full, and wanted a Difcharge ; and
that drew a Weight upon his Spirits. Sorrow they fay is eafed by
complaining, though to the Winds. So a learned Man, that gathers
for writing, may be fo full charged that, until he hath unloaded his
Thoughts upon Paper, and to his Satisfadlion, finds little Eafe.
Surprifed by a ^^t tfie worft of all was that, while his Writings were in this Man-
t'ataiSicknefs;ner retarded, young as he was, a fatal Sicknefs overtook him, where-
Orli ^^ail' Ws^y ^^^ ^^ °"^^' ^^ ^^^ utterly difabled to purfue, or finifh, any Thing
Mss!^*w^ent to he had, at any Time of his Life, given a Beginning to: Under this
the Fire. Jn^lidtion, finding himfelf, as to all future Study and Compofing, in a
defperate Condition, he adjured his ^ beft Friend, and Truftee of all his
Concerns (whom he had, in his Will, made fole Executor) to burn
every Writing of his own Hand, left behind him, immediately after
his Death, And he would not be entreated to the contrary, nor fa-
tisfied without a folemn Promife of him, in exprefs Words, that he
would faithfully do it. It is probable he had done it himfelf ; but
Life is fcarce ever without Hopes of better than utter Extremity j and
* The Lord Kerpcr North.
it
'V
Dr. J O H N N O R T H. 26;
it was pofllble for God to reftore him to his Strength of Body and
Mind But it fell out otherewife, for his Condition was languiftiing
to the Time of his Death, of which the melancholy Account is at
Hand • And he was fo far defperate as to all Study that, if he attemp-
ted any Thing tending that Way, it brought Epileptic Fits upon him
which tortured and exceedingly defpirited him; fo that his Friend
could not deny what he fo fervently alked. Accordingly, not long
after his Death, all his critical Notes, Ledures, Sermons, Animadver-
fions Treatifes, and Difcourfes of all Kinds, perfedt if any were fo,
and imperfeft, ufeful or not, went altogether in Lumps, as innocent
^Sfit' hrth faller;ut that one of his Pocket-Books in Oaavo con- a f.^^c«
taining fome of his extemporaneous Thoughts upon various Subjefls f-^^^f "
ou?of all Order, fome with Ink. but moft with red Chalk, or black
Lead, clapt down there on a fudden, lay out of the Way, and efcaped
this general Conflagration. And however, I am fufpended from com-
municating thefe Notes in any Way (for fuch ft^P^-^^^f"^ Scraps
muft needl carry many Defeds) I ihall neverthelels give a rtiort Ac-
Tunt of the chief of them, and thereby demonftrate the Tendency
•^Vt^utS mayttnged under the. general Heads :Divi-So..^^^^^^
nity, 2. Criticifm, 3. Philofophy, 4- Pol",cs. As to the fi.ft it ap- ,^ .,.
Ss the Dodor was prepared to batter the ^/te/., and then the
7rri^s Mcintans. After having laid open their Strengths, he
nieant to attack them with their own Arms (as they pretend) right
Reafon And, in Order to this, he hints fomewhat of the Reafon of
the Chriftian Religion, and the holy Sacraments of it ; ^nd finally to
fupport the Authodty of the holy Scripture; which done, he thouglu
iefe would be an End of Socinian,lm. There are fome remarkable
Touches concerning Arminius and Cahtn. He is mamfeftly of Opi-\
niou with the former, but looks upon the other, ^ith Refpe^ to ig- 1
norant Men. to be more politic, and thereby, in fome Refpeas.
fitter to maintain Religion in them, becaufe more fuited to their Ca-
pacity. But that is referred to Art, and not to Truth, and ought to be
ranked with the Pice Fraudes, or holy Cheats ; J^^ich leems no good
Charafter of Preftytery. It hath been known that the worft of He-
rcfies have been popular. There are fome Remarks upon the Roman
Catholics and Latitudinarians, but not fo copious as upon other
Heads There is alfo many Touches about the Heatlien Theology,
a Lear'ning he much aflfeaed. tending to improve and clear the Hiftory
of the heathen Idolatry. There is little Criticifm ; but enough to
ftiew he was not a little concerned about Style and Lf S^^gf; J!^^
Account given of Arijtotk', Logic is with more Freedom tte^n^the
IVX III M
%
I
166 The LIFE of the Honour able and Reverend
Humour of the Univerfity, among the Seniors at leaft at that Time,
would have allowed. He chargeth it to be, not only ufelefs but, per-
nicious to all true Philofophy and Knowledge ; and proves it by the
vain Offspring it had, meaning the Schoolmen, and Scholaftic Difpu-
tation. As to his Philofophy, I mud obferve that there is a manifeft
Track of the beforementioned Defigii of writing the Hiflory of the
ancient Philofophy, with a Compai ifon of the Ancients one with ano-
ther, and of all with the Moderns; which had been a Work, which
the greatcft Scholar might have been proud of. It appears here he
was not a Follower of Arijlotky or of any other j but, according to
the Juflnefs of his Thoughts, doth right to all, and, impartially to
prefer Truth, he applauds and cenfures clearly, and (after his Way of
thinking) according to Merit. He was not wonderfully inftriidcd in
the minute Particularities of Cartcfius's mundane Syftem, nor was it
very material for him, or any one elfc, fo to be. Tlie laft Head of
thofe under which I have ranged his Note§, is Politics, and dealt mofl
in the State of Nature, and the original Foundations of Rio;ht and
Wrong amongfl: Men ; from whence, as I touched before, he'intend-
ed to derive his Principles of Government and Law. This is chiefly
levelled againfl: Mr. Hobbes, and fliews fome Sparks of that Fire he was
kindling to caft a better Light upon Nature's primordial Laws than that
Author had fet up. He flighted confuting that Author, whofe Frame
leaned upon two or three Principles, which when once proved falfe,
the whole Strudture muft come down which that Author had, with a
World of Wit and Plauflbility, eredled thereupon. As for Inflance,
• againfl the Opinion that a State of Nature is a State of War, he op-
pofeth Demonflration that it is otherwife, being a State of pure Amity
and Innocence. And it is this: Man entered not into Society for Fear;
V' for before there could be any Caufes of Fear from one another, they
joined themielves into little Companies. Now the Fault of Mr. Hobbes
is, that he meafurcs the primitive State by the Humour of Men now
in Society. There was that innate Simplicity in Men themfelves,
which we admire now only in Children ; and that, which colledled
them firfl together, was no other than what makes other Creatures
delight in their own Kind, and herd together. So by Degrees they
came to the more clofe Union of Society; and when the World grew
flreighter, and Men were put to greater Shifts, then they began to
War. He is much againfl that Piece of Uobbifm that the Magiflrate's
Power is derived from the People; and, for that Reafon, a fupreme
Magiflrate can do no Wrong, or, as Mr. Hobbes fays, Right and irre-
fiflible Power are all one. The Dodtor, fhews that, under Laws, the
Magiflrate can do no more, riglitfully, than a private Perfon might do
by the Law of Nature. As when a Magiflrate kills a Thief, it is not
by
Dr. J O H N N O R T H. 267
bv virtue of a Power derived from the Thief, as one involved in the
common SubmifTion ; but he doth it in right of the mjured Party,
who in the State of Nature, might rightfully have done the fame.
Therefore as particular Perfons, in the State of Nature, may do wrong ;
fo when the Magiflrate (though enabled as to Force under Laws) doth
he like, he is equally a wrong Doer. And, for this Reafon, the chief
MaSate, under Laws, may adl as wickedly unjufl, as a prwate
Perfon in a natural State, can be. Therefore it is a pernicious Opi-
nion that the fupreme Power can do no wrong, and countenanceth
Twannv and efpecially that of Aflbmblies who are mofl apt to call
SmSs the People.^ The Do^or derided the Opinion that the
ei^imate^^ pure Nature was to be taken from any Perfons adult, and
Suited in Corruption, and confirmed by Pradice, howfoever lawlefT-
ly Tumbled togethe^^ All which bad Cufloms, refledmg upon pure
NaC vanifli, leaving only Innocence in the room And evjen his
SrrS^^^^^^ be void of Ambition, or Knowledge of Wants;
for e^enTppetite is a Refult of Experience. I do not remember
much Tn his Notes of the Patriarchal or Theocratica Schemes of
So:ernment; perhaps they lay out of t^^e Way of h. nq^^^^^^^^^ .
He thought that adult Perfons were free from the Duty ot tj^^ai ^^^
S Reafon which makes that Duty co-equal with Lif^ itfelf ; for
he^^rliat^^ a Life lent him, is a Debtor for it all the Days of
^^'l^fl^ail next touch upon fome Singularities of the Dodofs Fancy s-e^^
anJ Humour, and fome'other Circumflances relating to h.Ch^^^^^^^^^
W Studies- and fo, pafling over the diverfe Stages of his l-^^e, as
mv Memor; ferves, defer what will be very melancholy as near the
ciCh/of this befign as I may. He was taken Notice of in the
S^verfl^^^^^^^^^ ^r'^^'^N t'; "Burtfih
Fvercifes- for which I might appeal to his Notes But that is
Exerciies, tor w ^ no Strefs upon it; and mud profefs
Svt^'u^dernJfoalS that all his Loks and Papers fell not
"L my H nds as thofe did. It had been a n.rewd Temp ation to
inio iiiy Axai Trnn- nreindicial to no Account but ot the
S '"£\fs'Humo r'ilf loffil^^^ 1-felf till he wasen-
Inhk Caufe or hitnfelf; left any lefs guarded Words, or Exprellions,
'r^^ould efcape hi.n. Nothing c/uid have fecured hi^ better m^h.
P..;nt than the Participation of his Friends. In a Critic ot ^^o^';-''
Tn Anther hath but one Eye upon his own; but. upon anothers he
Ct^o and Speaades to boot. He was fo deeply concerned for
Efcir. ::teflathisownEfteeni. that he durft not truft e^cn^a
M
ri
ncl>, and
withal, Diffi-
dence.
268 The LIFE of ihe Honourable and Reverend
Friend with either. And he had a Dread left this little Notebook, of
which I have given an Account, might happen to ftray and fall into
unknown Perfons Hands, who poflibly might mifconftrue his Mean-
ing. In Contemplation of which Contingent, he wrote upon it this
pleafant Imprecation •, / beprew his Heart, that gathers my Opinion
Jrom any T^hing hefrtds wrote here.
His perpetual ^6 was alwavs exceeding thoughtful, and full of Notions. He
Thoughtful- could not reft from working upon his Defigns, and, at the fame
Time, fo diffident of the Event, that, between Impulfe and Defpair,
he was like Mahomet in his Tomb, or, as they fay, Erafmus hung.
Defpair had the greateft Iniluence; and it fat fo hard upon his Spirits
that he defired rather to be utterly forgot, than that any Memorial of
his Dealing in Literature fliould remain to Ihew that fuch a one as he
exifted, which lliould not be Proof againft the Teeth of the next
Ages. After he had the Government of himfelf, he would not en-
dure that a Picture ftiould be made of him, though he v^as much
courted and invited by Sir Peter Lely to it. And, what was very
odd, he would not leave the Print in his Bed, where he had lain, re-
main undefaced.
Florid vir.£rc, As to hisPerfon and Conftitution, excepting only the agreeable Air
but weak " of his Countenance, and florid Head of flaxen Hair, I have little to
Conilitution. producc that may be commended. His Temperature of Body, and
his auftere Courfe of Life, were ill matched, and his Completion
agreed with neither ; for his Face was always tin(5lcd with a fre(h
Colour, and his Looks vcgctc and fanguine, and, as fome ufed to jeft,
his Features were fcandalous, as flic wing rather a Madam entravejliey
than a Book- Worm. But his Flefli was ftrangely flaccid and foft, his
going weak and fliuftling, often croffing his Legs as if he were tipfey ;
his fleep feldom, or never, eafy, but interrupted with unquiet and
painful Dreams, the Repofes he had were (liortand by Snatches s his
a(ftive Spirit, had rarely any perfed Settlement or reft.
inclinedtothe The Diftempcrs, which moft afflided, or rather, frighted, him,
s^one, and ^erc Gravel and Rheumes. The former held him in fad Expedla-
fofcWc Ex- ^^°^^ "^*^^ ^^^^ ^^ ^^^ \J\^Q^ and the other was moft urgent towards
his latter End; and, in Truth, were the Occafion of his Death, as
will be ftie wed afterwards. His worftlndifpofition lay in his Mind, that
is, an unhappy Tendency to believe that, in all Incidents and Emer-
gencies, the worft that in poftibility might happen, would fill to his
Share ; and, accordingly, his Mind always lighted upon Extremes. He
never had a Fit of the Stone in all his Life, but voided Plenty of red
Gravel, which he was told was a Sympton that no Stone gathered.
But that weighed little with him ; for every Morning he fpeculated
his Urine, and, as the Ufe of fplenetic Folks is, called WitnefTes to
fee
trcmcj.
Dr. J O H N NORTH. 269
fee what Quantities of Gravel he voided. But fuch are the Failings of •
fedeTarv Perfons, and thofe who pafs moft of the.r Jime alone. A
ledentary rerio , ^^ ^^^^^^ ^^^^^ Rcfledions.
Buuht Excufe th Saor had ; his Father died a mife.able Martyr
fo he Sto,S^ and many think thatDifeafe. as well as the Gout often
In., Lm Father to Son: But the Doftor's Humour, m thefe Refpeas.
goes from fatner to p,^^- f Evils to come, often put hnn
^"^"fS,; I ^ve l4ard\rm, in almoft ogonifing Concern,
flv^tha Uwa not Death that he feared, but a painful Life. I have
f°f S^profot e?: Sgh ftaring them in {J^e F^^^^^ "^k'^J
\Ft^ t tr r/s- srts "^T^
his Nature. " J"^'^. . j j^ Nefcience of Evils to come, which
En or uncertain, make them ^^^^^loZ^'l elfe he per-C.«C.«
It iQf-ertain he was overmuch addided to thinking, or e''e nc ^ ^_^^,,
It IS certain ne w l„tenfenefs than other Men ordi- m„j,„,
formed it Y"^."^"!^ i^^^^"",^^! appear that he was a Martyr to charged on hU
T'^ %!t^ ever^a ow d hi JeKny Vacation, what he had.--
Study. He Scarce ever a Undertaking, or. Occurrence.
was fo^".d »P° v.r whLoTalT the Circumftances or Emergencies,
how trivial foever. whereot all tne .^ ^^.^
Ed^t'f he^arbr'^^'TnC "- -erfee any . as if meer
Mind, lelt ne mouiu interefts of hs whole Life. If he
Trifles had be- -'^ma .o ^J J^^^^^"]^^ Church, or make any
VT, in Towf h was in Pafn about the Contingents, and fo low as
Vifit in lown, ne wdb Peoole in the Street looked on
1° '''' Se'wa^t'a wort t e^-ft '-nfe'rnd paJTionate Thinker
him. He was ma wui , j j^ ^|^^^.
,hat --J'f ' ^"?,Sy;£n?toS^^ of a great
if I think, by thf e Detoptions t ^^^^^^^^^ ^.^^^ ^^^
Man, 1 am out ^^ ^^e Way or ^ ^ ^^ ^^^ ,^^
Charaaer V^^" ^^fea Z„ and whoever pretends fo to do. is a foul
SS.td :ft£Sraaer. I ,^is L r.allone. becau. of a
fingle lnfi-;^y^natu.l and --, ^'r' unc^r foL^l^happy Crafis of
ST' of ole K^d^oTother. which inclined him to tranfgrefs m the
Body, of °n\i>'7 °; V p^^r had much to anfwer for in be-
Decorum of h>s Anions the Uoaor jj- jj,^„ ^i, that
i„g fo fingu lar, but if .be (as ceitain^y i . ^^^^^ ,^.^ ^^.^^^^^
can be required '^^ ^ ^^Xlll^^l^^^iii firm againft all Manner of
ftnve to correa it j ana ii uc nux o Corruption,
f
i;
\\
r'jo "The LIFE of the Honourable and Reverend
'■^- *i •,
His continual
Art and Prac
tice to amend
himfelf.
•:♦;#.
*•
His religious
and moral
Ciiaraftcr.
Corruption, which might grow up under it, and keeps down Scandal
he is completely abfolved. *
That our Dodor was well intitled, under this Apology, I am
fully fatisfied. For, firft, he underftood himfelf, and all his pecu-
liar Frailties, perfedly well. And his Friends could not fliew him
more of himfelf than he knew; and, if there was any Difference,
the Weight fell on his Side who was fenfible of more Foibles in
his Nature than his Friends could obferve. But they could per-
ceive him often ftrugling with himfelf to curb E>xefles growing
upon him ; and he was either much overfeen, or fcrprifed, when
he fhewed any extraordinary Concern or PafTion. And in his Go-
vernment of himfelf he fucceeded fo well that Strangers feldom, or
never, perceived his Diforders : But, among Friends, he was more off
his Guard, and gave fome Advantages aga!ii"ft himfelf which fcrved for
Raillery; and that never dil-ileafed hirxi. And he ufed his Friends as
Spies upon himfelf to difcover his own Failings ; and, for that End
ufed to be very fharp upon the Company ; and if any one, that he
might be free with, had a fore Place, he was fure to give it fome Rub?
and harder and harder, till they mud needs ic^i, and then they fell to'
retaliating, which was his Define; often fiying that he loved, between
Jeft and Earneft, to tell People of their Faults, that they might pay
him in the fame Coin by telling him his own. A fmall Degree of
Acquaintance gave him an Inlet to this Kind of Sport ; and he ma-
naged his Freedoms with fuch fluent Wit and Refped, and with fuch
Decency of Behaviour that nothing was ever, on that Score, taken ill
of him. But what imports all this to the Charader of a Perfon ho-
nourable by Birth, and, not only ftudious but, politely learned , and
for his Religion, Juftice, Sobriety and good Manners, unblameable •
and one that laboured all his Life to make himfelf, in all Refpeds'
better, and to amend whatever he found amifs in himfelf; wherein he
was not unfucccfsful? And that carries more of Merit, than Virtue it
leif when there is no natural Impulfe, or Temptation to the Con-
trary.
It will not be amifs to relate what I know of his Charadter more
particularly. As to his Religion, his being in PriefPs Orders fpeaks
him to be of the Church of £«r^/^;;^ eftabhfhed by Law; although
that Rule hath of late, undergone many fcandalous Exceptions. But
he was critical y orthodox and fincere, as the whole Series of his Life
and Adlions plainly demonflrated. And his Zeal was never more
exafperated than againft Men bufy in difturbing the orderly Exercife
of pure Chriftiamty amongft us; efpecially in our Church, within
the Pale of which. Iniquity itfelf could not find a plaufible Scruple
either on Account of Dodlrine or Difcipline ; for the fuflaining of
which
Z)r. J O H N N O R T a 271
which his Mind was chiefly at work. And to fliew hisConfcientiouf-
nefs herein, I (hall relate one PafTage. Sir John Cuts of Childerjley\
a Relation of his, knowing that the Dodor ufed to touch an Organ,'
and, for that Purpofe, had one in his Chamber, which was borrowed^
and not his own, very generoufly offered to make him a Prefent of
one that had flood in his Houfe, but never, to any one's Knowledo-e,
made Ufe of. The Doctor pofitively refufed it, although, in a free
Circumflance, he could have been glad of a Prefent fo feafonable to
him as that v^^as. And he told me his Reafon v^^as, that the Room,
where the Organ flood, was called the Chapel; and he fuppofed the'
Inrtrument had been intended for religious Service, and probablv, at
fome Time, made Ufe of accordingly. And he faid to me that others
might think of thofe Matters as they pleafed-, but he had, and ez^er
JJmild have, a grrat Regard to them. He was fo very nice that he
could not bear that any Religion, no, not a falfe one, fliould be ridi-
culed, and fcarce allowed the Prophet's Direction in deriding Baals
PrieAs.^ For falfe Religions are Evidences of the true ; and if Derifion
be put in common Pradice againfl: the one, it will foon be perverted \
upon the other. I need not, to complete his Charafler, add any
Thing of his perfonal Virtues, fuch as Probity, Temperance, Chaflitv,
common Honefty and Jufl:ice. His Enviers (for Enemies he had none)
had never any Colour to infinuate any Thing to his Difadvantage. In
flaort; Religion, Juflice, Probity, and Humanity were his Study, De-
light, and Prad:ice.
As to the Public, which, in his Time, began to be muddled withAverfetoFac-
Fadion that, through the Carelefsnefs of our Government, had got^'°"' and pre-
Ground, and the artificial Cry of Popery and arbitrary Power founded Sonlr'chyTo''
loud in all Corners, he fhewed an utter Detefl:ation of the Fadlion and a Democracy.
their Rabble, and could not but be angry when he heard what Trouble
they created to the State at that Time. He was well apprifed of the Hiftory
of the, then, late Troubles, and thought the like in Danger to be re-
peated. He declaimed againfl all the Proceedings, however popular,
tending that Way, as no lefs than the Adions of flolid Brutes, void
of Thoughr, and Forefight of Confequences, that hurry themfelves
into Perdition and Ruin. Brute Beafl: indeed (meaning the Populace)
but it hath Horns and Hoofs ; therefore fland clear. But it hath
neither Eyes nor Ears to any Purpofe but finding the fhortefl Cut to
Confufion and Deflrudion of itfelf and every Thing elfe that flands
in it's Way. And the Cafe is not at all mended by a Set of fine Ap-
pellatives ; for Hypocrify is commonly varnifhed with the like. The
Dodor, as I {hewed, had been a notable Student in the Qualities of
Powers in Government, and really thought that of the two Extremes,
abfolute Monarchy, or pure Democracy, the former was incomparably
Nn to
r
17^
The LIFE of the Honourable and Reverend
to be preferred ; and fince Exorbitances will grow up in all Govern-
ments, the Rule of one hath fewer, and thofe lefs oppreffive, than
that of many. The great Fault of Monarchy is that it cannot be pure
Monarchy, but mufl: be afliftcd in Government by many, as Coun-
fellors, Mhiifters, &c. and ftill of thofe the fewer the better, even
to a fini^le Viceroy, if he can well a^ the Monarch. Solemn Coun-
cils areYormal and hypocritical; and the heft Counfel is taken of a
fudden, as Things offer. He ufed to fliy, that the Arguments agauift
Monarchy were taken from the Examples of bad Kings. But who
called up the Examples of bad Republics ? To the little Finger of
one of them the Loins of a Monarch were light. And weighing
the Happinefs of People in general, there is no Comparifon between
thofe which have been under Monarchies, and thofe under Republics:
So much do the former exceed. The Grievances under Monarchy
fall moftly upon ambitious troublefome Grandees, who are made
amends by the x'\dvantages they have in high Places. But all that
while the' People have their Eafe and Quiet ; and in that one fingle
Article of fupprefling civil War, the People, who are feldom un-
done any other, but mod frequently that. Way, are more than ade-
quately compenfited for all the Evils of Monarchy that Speech-
makers can fuggcft. The Dodlor was often copious in hisDifcourfes
upon thefe Subjeds, and ufed to tofs and tumble oyer his Grecian
Republics, under which no honeft good Man could ferve, and not be
ungratefully ufed, and finally deffroyed. He had a juftValiie for the
temperate Government of his own Country, and abhorred, as he did
the Devil and his Angels, all thofe troublefome Folks that laboured,
by altering, to make it worfe, and fo finally to enflave the People.
f,^j rj But now I mufl withdraw from Speculation into adtual Pradice
andTuVe^' of Government, I mean that of our Dodtor, as Maiter of Tr/«//y Cc/-
CourfcofLife/^^^^ This Preferment took him, partly, from his Studies, but almoft
TM^coUcge entirely out of thofe Advantages, which by a few Friends he enjoyed:
That is from a frequent, eaiy, free, and pleafant Converfation, into
an anxious, folitary, and penfive Courfe of Life ; which, with his
auftere Way of ordering himfelf, drew upon him a moll: deplorable
Sicknefs ; and that proved the Ruin of all his Powers both of Body
and Mind, and then, by a flow, painful Gradation, laid him down
in the Arms of everlafling Reft. This Track will lead me to confider
the Dodor now, not as a private Perfon but, as a Magiftrate, and in
the Exercife of no flight Charge. He wanted the nervous Capacity
of his immediate Predeceflbr Dr. Barrow, who was moulded for inde-
fatigable Labour J but he, on the contrary, was frail and infirm, and
of a Nature that needed Recruits, and, to reinftate its Farces, fome
Meafures of Indulgence. He was temperate and regular, and, at
Chapel
Z)r. J O H N N O R T H. 273
Chapel and Meals, lived by the Rule of his College. He kept a good
Table, and always invited fome of the Fellows and Fellowcom-
moners to dine with him; and all was well but as touching the Bottle,
which he would not fuffbr to be too many for them. But if his Line
had been a little extended that Way, it would have produced nee-
doms, anddifperfed thofe cloudy Formalities which will fall between
a Superior and Inferiors, unlefs the Nerve is cut with the Glufs, and
Humour hath a free Play. He wanted nothing more than a free So-
cietv The State (if I may fo term it) of a Mailer of a College is fuch
that he can fcarce look cut, or make a Vifit, but with Attendance and
Form , and, in his College, all are upon their Guard where he is
and very few, if any, were thought capable of a true and familiar
Friendfhip that is clear of all Defign or Projedl He was always dil-
pofed to be free enough; but it never works well between Inferiors and
Superiors. He had not learnt the Art of fome Perfons well preferred ;
I mean to be careful of himfelf, and to ufe the Means of long Life
in Order to make the moft of what is fallen to their Share Nor is it
expeded that one, in his Place, fliould h^^eput himfelf as. he did
under all the Severities of a College Life. But he ^l^d^^^^f^^^I
having the Charge of maintaining the Difciplme and Order of the
College, his Demeanour there was not his own to difpofe of, but de-
dicated for Example to others, and that he ought to perform ftrid-
ly, in his own Perfon, all that, by a common Rule, he required of
the Scholars under him: Efpecially in keeping Chapel, whei^in he
never (willingly) failed ; not in Winter nor Summer, whatever the Sea-
fon, oJhow efdi foever theTime .^s. Nothing but a Sence of Duty
could have made him fwerve from the Interefts of his Heakh And I
am very well aflUred that he laid to Heart, as they fay, ^be ^ood of the
Society! and his Duty regarding it, againft which he flighted all Con-
"^S^rjfS" h.tLw.. who .^U f„h T™«« »o In J,..,«.^
cumbrance at all; but let Things pafs as they may and take ht le^^_ --^^ j^..^^
Care but of their Profits. But our Doftor s Principle was very dit-i^ ^eftions.
ferent; and that being derived upon a ^"^ ^'f S"5y^ f ""'"^ ';°' ^
reconc led to the perfun<5tory ; but he thought himfelf bound to be
adive. as well in keeping down Diforders, always apt to nle under
^m as alfo to fee Juftice done to all the Scholars. And in particular.
Ec ;'as refolute in Adhering to the Statutes of the College and to ice
that Eledions went fairly -. and, in the Bufinefs of F'= '^J^'P^' _ ^f
created him no fmall Trouble. Every one knows that the PupU-
monsers, often Senior Fellows, who were h.s Co-adjutors. wouWta-
Lr^'good Pupils, though perhaps no good Scholars in order to ge
them into good Fellowfhips. when others had better Pretenfions. This
N n 2 ^^^^
274 ^^^ LIFE of the Honour ahle and Reverend
bred Interefl making, and, for the mod Part, brought Impoi trinities
upon him; as if, by teefing and urging, Points might be gained. All
which Partialities were faftidious and hateful to him that had none,
and whatever Impetuofity he endured, he never would content to
have a Dunce preferred to a good Scholar when the Standing was
equal ; but always declared to do Juftice to whom, upon Account of
better Merit, it belonged. Thefe were not flight Cares to him that
ufed to create great ones out of flighter Occafions,
Trouble about The Court Mandates for Elcdlions were very irkfome to him. He
ManJates oh- kncw wcU how thofe Favours, by Means of Courtiers, were obtain-
cleafons! ^''' ^^ ' and often fufpeded that fome of his Seniors, when they could
not compafs their Will of him another Way, were inftrigmental in
obtaining them. And he ufed to inveigh bitterly againfl that Pradlice,
declaring that whoever of them was guilty of it did not confider
their Duty and their Oaths; and that it muft, in Time, bring the Col-
lege to nothing; for if Elections are for Favour and not Merit, who
will think of rifing by any Means but Courtlliip or Corruption ?
And then Flattery, or Money, muft fupply Want of Parts, Learning
and Sobriety; and the College, once fo filled, will continue and avow
the fime Methods: Whereby Gentlemen's Sons in the College, under
the Influence of fuch a Regimen, will be expofed to the Mifchiefs of
Idlenefs, Expence, and Debauchery, fpreading in the Univerfity, as
bad as in any lewd Corporation Town. It is a common Unhappi-
nefs, that whoever oppofes growing Corruptions and Abufes in So-
cieties fliall have Enemies enough. And no Vexation of him be
left uninfiidled, that might be raifed up againft a common Enemy ;
and fo Hor?iets, when difturbed, become impertinent, and endeavour
to fting. As for the Mandates, I believe they were too hard for him
that had as good an Appetite to difobey them, as to his Meals at high
. Noon : But inftead of that, and to eafe his Mind a little (for he lived
in perpetual dread of Ma?idates) but principally for the Good of the
College, he found out a Way, by Pre-eledions, to obviate an Incon-
venience he could not refift. And thereupon, out of the feveral
Years, four or five one under another, he caufed to be pre-eledled in-
to Fellowfliips Scholars of the beft Capacities in the feveral Years ;
which made it improbable another Eledion fliould come about in fo
many Years then next enfuing ; for, until all thefe Eledions were
benefitted, there could be no Vacancy. And that broke the Courfe
of Mandates whilft he lived. The Do ^"^ °^ which he had no Imagination or Dream, and indeed the
worft, I think, that could befall human Kind ; that is to be paralytic
and Epileptic. If, in his anticipating Mind, a Thought had entered
that he had been obnoxious to thofe Diftempers, I cannot fay how he
would have comported under it; for nothing could come nearer the
Quick with him than a Diftemper that infulted his Faculties of Rea-
foning and Judgment, wherein his Mind mud fuffer as well as his
Body. The Diftemper came upon him by thefc Steps ; Firjl, a Cold,
then an unufual Quantity of Rheum difcharged at his Throat, and
the tonfil Glands f welled, and, at length, his Uvula ; and, as the
Courfe of thefe Colds is, a deal of fpitting, and venting of Rheum
at his Mouth, followed. Here is nothing extraordinary but, what
happeneth
r
Dr. JOHN NORTH. 279
happeneth in Colds, and being affifted with warm Humeaations and
Repofe, the Difeafe itfelf, allowing Time for it, makes the Cure : And
what could be done more reafonably than to encourage that proper
Difcharge of a peccant Humour which Nature itfelf, and in the Way of
a common Catarrh, had found out. But that, which moft concerned »
the Dodor, was the Swelling of his Uvula, which, continuing over
long, gave him, that always anticipated Extremes, an Apprehenfion
that 'he muft, at length, fubmit to have it cut off'. And this Opera-
tion was lb dreadful to him, that, to prevent it, he muft needs apply
to the moft noted Phyficians in the Univerfity ; and they confidered *
the Cafe, and prefcribed as they thought proper. But their Endea-
vours fucceedcd not, but, in all Appearance (if any Judgment may be-
made by Events) proved the Ruin of their Patient. And this may be
a Warning not to feek extraordinary Remedies in ordinary Cafes.
I fear that, in my Report of this Cafe, I may offend the medicd R-edi^.^^^^
Faculty; but I am not free to fupprefs, or palliate. Matters ot ratt^^^ aftringcnt
which were of the laft Concern to my Subjedt. If one may be fo Powder?,
free to interpofe a Cenfure, their Fault (if any was) lay in meddling
at all, and not fending the good Man home to his Mother to be
nurft.' But, inftead of that, partly, as I guefs, to humour him, and,
partly, to put in Pradice their Univerfity Learning, fell mpeflemefle
with' their Prefciiptions to divert this Flow of Rheum from difcharg-
\v\rr at his Throat and Mouth, and to fend it another Way. But firft,
as^they faid, the Caufe muft be removed ; which was to be done by
rectifying his Digeftions, that Rheums might not breed fo copioufly;
and then they might fafely ftop the Vent. And in Order to this, a ••
circulatory Courfe (as they called it) of Phyfic was prefcribed, enough
to have purged a ftrong Man from off his Legs; and the Dcdor moft
fcrupulouffy^conforrned; For he had a great Regard to all Kinds of
Univerfity Learning, and believed that of Phyfic to have more logical
Conclufions, in Order to Cures, than their own Faculty, elfewhere,
will allow them. After this Career performed, the Prefcription was
to take Amber, as Tobacco, in Pipes, and to have certain aftringent
Powders, in Quills, blown into his Mouth upon his Uvula, The
unduous Smoak, of the one, joined with, and held, the other fo faft
that nothing might pafs in or out that Way. It was not confidered
all this while that the Patient, with his Cathartic Courfes, was grown
fo weak and feeble that, in all likelihood. Rheums muft breed in his
Body rather than abate.
But they had a refigned Patient to themfelves, than whom a tamer went to Ztf»-
Subjevft, to make Experiments upon, could not have been found. It ^'J';^"^ '^^'
is certain that, by thefe Methods of Phyfic, Smoak and Powder, theskeLtoa.''
Dodlor was reduced to extreme Weaknefs, and, finding no Amend-
O o ment.
2*8 o The LIFE of the Honour ahle and Reverend
ment, ventured to come up to his Friends in London, They knew no*
thing of his having been ill 3 for, in his Letters, he complained of no-
^ thing but a Cold he had got. They were amafed to fee him come
helmeted in Caps upon Caps, and meagre as one newly crope out
of a Fever. His Regimen was no lefs changed than his Habit and
Countenance. He mull ftir little abroad, and, for the World, not
after Sunfct, though it was Juh, (which was the only Time of his
Friends Refrcnimeiit abroad) for fear of encreafing his Rheums. He
muft drink nothing fmall, nor much of any Thing. Grapes, and
Peaches, being full of Humidity, werePoifon; but Nuts, and dry
Bread toafled, without Stint 5 and all the while, at fit Periods, the
Pipes and Powders came; and one or other mua blow for him? His
Friends had no Notion of this latter Medicament ; nor, as I guefs
his Phyficians 5 otherwife they had not prefcribed, nor we fuffered
the Continuance of it. After the Dodtor's Death, I told the Cafe and
Method to Dr. Lower, the Prime Phyfician of his Time, and he faid
that he would undertake, by the fmoak of Amber only, to put the
founded iMan in the World into Convulfion Fits.
By Diet and The Dcc^or's Friends, having all this wonderful Alteration before
^:^^:^' tr^ ^^\ .^^^^^^"^^^ ^^^"^ Z^^^ of the Spleen, and that the
covered in a ?^^^ riiyuc, tor liuii, was Society, plentiful Diet, and turning abroad
Month. in the Air when we could get him fo to do; and not without per-
petual Raillery at his Caps and new Difcipline fo contrary to what
he was always ufed to. Upon this Account he was taken down to
Hammer fmith, a Country- feat of his befl Brother's; and in the Space
of a Month from his firft coming up, purely bv his coming into his
Friends Way of living, between Lojidon and the Country, a perfedt
Cure of him was made; and he made no fcruple of eat'ng, drinkine
and airing as they did. His Volumns of Caps were difbanded • his
Countenance grew fiorid, and his ordinary Brifknefs and good Hu-
* ?Jo"7f/'-^^"ed to him. Thus (under God) by pure Relaxation and
Diet (all Medccnies apart) this egregious Cure was wrought. In this
State he returned to his College, with good Counfel enough to in-
dulge as he had done with us; and, for Dodlors, to ufe only the
. famous three, Diet, -^det, and Merriman. But, as to his Amber
and Powders, which he cared not to leave wholly off, his Friends pre-
tended not to judge of them, but thought them to be Whims of the
Phyficians, and, as Chips, neither evil, nor very good '
JljftiJ^ia'd ^ Alter the Dodor was returned to his College, his Rigors to him-
n.on.n;inK ^^^^ /'^"^ ^"l^^rc Courfe of Life alfo, returned ; and his Rheumes be-
iwos.hoiars. gmning again to flow, by like Advice as before. Cathartic, Amber
and Powder, were reiterated in full Force; and all without the leaft
Regard to that fucceliful Experiment that was made upon him in
London.
Dr. J O H N NORTH. 281
London, So that his Body growing weaker and weaker, and his Difeafe
Wronger, the Humour, having noVent at his Mouth, as it naturally tend-
ed (for all thofe Parts were clofed) broke out in his Brain ; and threw
him down all at once in a defperate Apoplexy. The Manner^ of its
Acccfs was this. The Mafter and Seniors thought fit to revive an
antiquated Difcipline, according to the Statutes, of admonianng dif-
orderly Scholars, in Order (without Amendment) to Expulfion ; and
in the Morning the Do^or came out from the Meeting (where pro-
bably he had been a little roiled) to perform his Duty upon two ;
Scholars then brought to be admcninied: And it was obferved that he
admoniaied with more than ufual Earneftnefs and Acrimony in his
Speech- for the Lads were much to blame, and behaved themfelves
very contumacioully. When the Body is weak, Pafllon is ufually
flronff, and diverfe Things concurred to ftir it up in him, which
probably touched the Trigger, and, while he was fpeaking do^yn he ^
dropt It is poffible that, without thefe Circumftances of Emotion ot
his Spirits, this had not happened at that Time; but then it is more
than likely that on fome more unhappy Place, or Occafion, as preach-
ing: or in fome other folemn Prefence, the like had happened; but
here it was almoft at his Bedchamber Door. He was immediately
taken up, wherein the. two Scholars were very afiiftant, and carried to
his Bed, there being little Hopes of Life in him. But the Phyficians
were immediately fent for, and due Methods were ufed as in Cafes ot
Apoplexies. , j ., , ,
After the ordinary tormenting Operations were over, he recovered Not dead,
a little Senfe, but was exceffive droufy ; and it was judged that unlels ^^; j^^ ^^^ ^^
that Symptom could be conquered, he muft drop from them. Where- Mother cx-
upon,bv Direction, followed perpetual Noife and Clangor of o^^-;^^-^
fort or other, to keep him awake. There was Confort of Tongs,
Firegrate, Wainfcote Drum, and dancing of Curtains and Curtain
Rings, fuch as would have made a found Man mad. It was prefumed
that if he fell afleep, he would never wake more ; fo his Inftruments
were plied until his good Mother (who was immediately fent for) came
to take Care of him. She was a magnanimous Lady, that had nurlt
a lars-e Family, old and young, for diverfe Years, and, in Expe-
rience, was more than a Match for a College of Phyficians. She law
in what Torment her Son lay droufy to Death, and gave Attention to
what the Phyficians faid ; but all the while admired the Mufick they
made She defired of the Phyficians that her Son might have a uttie
Sleep* No, Madam, feid they, for, if he feeps yet, he 'will ne^cer
IV Je again. The good Lady had no longer Patience, but fee up her
maternal Authority, and told them flat and plain that her Son fliould
have Reft, and that quietly, for full two Hours, and (he would an-
O o 2 *^^^^
iSz The LIFE of the Honour ahle and Reverend
fvver the Confequenccs. He was her Son, and flie wou! 1 have the
Niuiing of him. Thereupon flic dilmiiTcd the Mulicirns, and de-
fired the learned and unlearned (for there were many Everdroppers
and News carriers in tl^e Room) to withdraw and leave her. She
kept with her only the Maid fhe brought ; and they two went to
work, ordered the Bed, and laid the poor Patient in Ibch a Poflureas
flie thought mofl proper for his taking Reft; and then, fending her
Maid to wait without, ihc flit herfelf down at the Bed's Head, and
all was hu(h for tlie full Time. Sometimes (he peeped in upon him,
and found no Reafon to retrench any Part of it. After this flie open-
ed the Curtains, and called in the Phyficians, and the refl that had a
Mind to be there, and fhewed them how eafy and quietly he lay, and
"breathing as Nature required. His Countenance had a good Colour,
and his Face was compoied, which, before, was diilorted in diverfe
Manners with his Eyes flaring like one of the Furies. JSloWy Do5lors,
faid fhe, what think ye ^ But Madam, laid one, ivillhewake^ Tou
fiall fee, faid flie, and gently jogging him by the Arm as he lay, he
woke, and, opening his Eyes, knew feveral there and fpoke to them.
The Phyficians were exceedingly furprifed; for they expeded great
Difficulty in waking him, and had been confulting of Methods how
to do it.
Now the Mine was fired, and all the Havock it could make upon
mbpalfey a pooF mortal Bulwark of animated Earth determined; and what re-
djiisNo- inained was only Ruin and Confulion as the Blafl had left it; never to
be recovered into it's former Order and Strength again. The Fit went
off, but left the Dodlor under an Inflidion of a defperate numb Palfey
all on one Side of him ; which the learned call an Hcmiplagia, He
kept his Bed for fome confiderable Time before he ventured to rife;
and then was able, only with Help of a Friend and a Crutch, to crawl
a little about the Room. His Mouth and Face v/as drawn up on the
lame Side, and his left Arm and Leg altogether enervous ; and neither
did him much Service as long as he lived. But, in Time, the weak
Leg ferved jiifl to lean on, while the other got a little forwards ; but
itfelf was dragged after. He dropt his Crutch, but never ventured to
walk far, without Help at, or near, his Elbow. He told me the
Images in his Mind, during this Inflidion, as' far as he could re-
member them. Firfl, during his admonifhing, he perceived himfelf
to lean towards his left Side ; and the Leg, that fhould have fuftained
him, feemed to have lofl it's Bone, and to be like the Finger of a
Glove ; by which it was plain to him that he mufl fall, and accord-
ingly he gave Way to it. After this he remembered nothing at all of
what had happened to him, until, by help of his Mother, he had taken
a little Reft. And then, in a dreaming Manner, his Conceit was
that
Left in a
nu
and
tions.
Z>n J O H N N O R T H. 2S3
that he had got a ftrange Leg in Bed with him, and was much per-
plexed which Way to get rid of it; whether he fliould call to have it
taken away or not : And it was a great while before he could bring
himfelf, even awake, to/ivvn it. , „ r ^ t i _f^.
It is an uneafy Tafk, but (according to the Profeffion I make of The pro-
Truth for better or worfe) neceffiry, to (liew the m.ferable Decay of ;;R.„-J ;^^
theDoftor's thinking and memorial Capacities. What is the Uit-ooaor'sMmd
ference between Manhood and Puerility, but that the former hath a.o L=,.««.
large Stock of ufeful Memoirs, and alfo Strength habituated to Aftion;
which the latter wanting, runs after Levities, and any Thing for
Variety, without Choice, unlefs Appetite or Inclination (and even that
flows from Experience) draws it? Suppofe an Hurricane to fall upon
a found Man's Memory, and obliterate great Part of his Colkaions,
and confufe the refl, as one may imagine a fine Poem wrote upon
the Sands, and much ruffled by the Wind. There may be enough left
to ftiew it had been good Sence, but the Dignity of the Verfe was
loft So the Man would lofe his Judgment of true Values, and re-
lapfe into a fort of Puerility; but ftill his moral Charaaer, that is,
his Will to do Good or Evil, remains unaltered. This was the Caie
of our good Doftor. The Seat of his Memory was ruffled by the
Difeafe falling upon his Brain and Nerves, which had made fuch
Havock that he had no firm Notion of himfelf, or of any Thing ;
but had his Experience to gather, and his Underftanding to frame over
again. After he could lie awake and think, I guefs he had fome Re-
fledion that he had been over fevere with himfelf by too much hard
Study and Abftemioufnefs, which, poffibly, had brought that Difeafe
over him 5 and then fancied he muft cure himfelf by a Courfe clean
contrary; and accordingly he thought that now he muft be merry and
iollv. Purfuant to this (conjedured) Model, the Company, that ■
affiifed about his Bed to entertain him, muft find merry Tales to tell,
and if a little fmutty, the Mirth paid for it. The lighter Sort of
Books, and frivolous Comedies, were read to him, and he heard chem
with notable Attention, and, at the quaint Paffages, was unufually
affeded, and often laughed, but (as his Vifage was then diftorted)
moftdeformly. He fancied to admit a young Gentleman of the College,
one Mr. Warren, to be his Reader in ordinary, who was very uletul
during his Weaknefs, and deferves to be remembered with much
^ Aftfrhe was enfranchifed from his Bed. and had the Entertainment TUconj^
they call walking about his Chamber, and diverfe Friends ar.-.. Ac- ^.^^ ^^.^^ ^^
quaintance came and ftaid with him, he gathered fome little Strength, kft his Bed.
But his Levities ftill continued; and he ufed to pleafe himlclt ^vith re-
hearfing paltry Rhymes and Fables ; and what with Diftculiy ot
284 Tloe LIFE of the Honourable and Reverend
Utterance (for his Speech was touched and never perfedly recovered)
and what with his unfeemly laughing, it was long before he could
get any Thing well out ; and at laft he made but broken Stuff of it.
All this was inexprelTible Grief and Mortification to his Friends, fee-
ing that difmal Alteration. They had known his Genius bright, and,
in his Health, folemn, grave, and inflruclive; and his Mirth, when
it happened, not without a Flow of pleafant Wit, and, as it ought
to be, ever decent and without Offence j far from all Sufpicion of a
Poffibility that fucli Levity of Humour and Difcourfe lliould ever
appear in him. lie fcemed as an high flying Fowl with one Wing
^ cut ; the Creature offers to fly, and knows no Caufc why he fliculd
not, but always comes, with a fide Turn, down to the Ground.
! The Doctor had fome Remembrances of his former Forces, when
he could mount up and fly ; now, his Inftruments, on one Side,
failing him, he was forced to deal in low Concerns, and reptile Con-
% \ ceits that fcarce rofe from the Ground.
Epileptic Fits The Dodor lived to recover his Faculties of Mind, and Powers of
ivi^.^thk'h^^^ ^^^y> in fome Meafure; and had it not been for one immenfe
brought him Malady that attended the Palfey, and held him down, there had been
to his Grave. Hopcs of a Competent Recovery ; and that Malady was Epileptic Fits.
Thefe appeared foon after the Apoplexy went off. They were gentle
at firft, but continually invigorated, and every one of them gave him
a Twitch nearer his Grave. And thefe were efteemed the Refult of
Amber Smoak. There happen many Apoplexies and Palfies ; but
few come off with an Epilepfy. Thefe Fits came, nearly, after a
Month's Interval ; but were not flridly prejudicial, or Lunar (as old
Women dream). Any Diforder, or Intention of Thought, a little
Anger, Cold, or Difappointment, brought them, which made him
feek to be as quiet and ftill as he could. They dejedted his Spirits to
a very great Degree, and deprived him of all Comfort -, and one great
Unhappinefs was that, in his Fits, he could not help biting his Tongue,
and tliat kept back the Recovery of his Speech. He found that flrong
Wines helped to put off a Fit, which made him, when he fufpeded
one, to defire it as a condemned Malefadlor does a Reprieve, and ac-
• cordingly he ufed the ftrongeff Sherry, Glafs after Glafs, which,
formerly, he would have thought more than a Cup too much ; but
it was a reafonable Recruit of his Spirits, which, by fuch Fits, were
of Courfe overthrown. As the Dodlor's Strength of Body decreafed,
fo the malignant Fits returned thicker, but more languid ; for there
was fcarce left Subftance enough to fuftain the Rancour of them.
After they had brought him almoft to forget the World, and to fpend
mofl of his Time upon a Couch, which was after near ^v& Years from
his firfl Stroke, there was very little left for them to do.
I I muff
Z)r. J O H N NORTH. 285
I muff here do a Piece of Juftice to the Dodor and his Memory, During z\\ his
by affirming upon my own Knowledge, that, during the Extremity ^""^^''^f^jj^'^
of his mental Weaknefs, his religious Principles, Refoluticn in Juftice,ra:her en-
and good Will to the World, which I may call univerfal Charity, ^reafcd.
continued as entire and inviolated as they were in the ffrongeft Mo-
ments of his Life, and, refpeding his external Behaviour, much more
zealous than before. Such a Trial coming over a Man, as this was,
if he had worn a Mafk, or had had the leafl Tind of Hypocrify, it
had gone off, and the pure Man appeared as he was. And the Con-
fcioufnefs of a well fpent Life was of great Service to him ; elfe, as
happens to weak Women, and others in like Cafe, he might have
fallen into Melancholy, Dejedions, Mifconftrudions of Providence,
Defpair, and the like Extremes of weak Minds. But, as I fliid, what-
ever the State of his Body was, or his Capacity of Study, his Will and
moral Determinations were not in the leaft wavering. There never
fell a Word from him tending to Complaint, or Difcontent at his
Condition ; he would freely relate what he felt, and how, and no
more. He governed himfelf as well as he could j his Submiffion
was abfolute, and his Patience cxquifite.
I have had two Obfervations upon the Dodor*s Cafe. One is that, with v/cak-
in the Pro^refs of his Difeafe, as his Body 8;rew weaker, his Judgment "'^^^ ^'^ ^^^^'
o * ^ ^ J o * J o ^ merit recover-
grew flrongcr ; fo that his Levities wore off, and he became again ed Strength,
fociable. After he retired to the College, he dealt in the College Affairs ^veaknefs hath
with a Senfe clear enough, though he could not debate, or contend, "y^^^jj"||j°
becaufe of his Fits, which any Earneflnefs brought upon him j and
they continually left him weaker. After the firft Year of his Illnefs,
he behaved himfelf with great Gravity and Refped ; and the chief
Failing, that appeared in him, was an over Repetition of Gratulatories
and Compliments, and a greater inclination to Silence than formerly he
had. The other Obfervation is, that Strength, or Weaknefs, of Body hath
nothing to do with the Will and Morality in Relation to Duty and
Honefty. Nay farther, that Strength of Parts, or Underftanding,
which in itfelf is not free, doth not controul the Will which is free
And here we are not to argue moral Honefty, or Knavery, in any
Man on Account of his Strength of Body or Mind ; for it is found
that the beft Parts are often joined with the moft corrupt Natures,
Witnefs the famous Heretics, Politicians and Malefadors. Therefore
they are much to blame who argue againft any Thing of Duty from
the Examples of any Perfons ftrong in Wit and Invention ; who, with
all their Sophiftry, may have a corrupt Will. Every Man hath Wit
enough to be upright. It may be faid that Providence hath difpenfed
Strength of Mind unequally; and the like may be pretended of Form,
Beauty, and Wealth, But no Man can comphin for want of free
Will,
z%6
His Attempts
to preuch, or
Stufly, ilopt
by Fits.
Chavitie';, and
Devotion con-
ftant, retired
to Cxivbridge
and dicdj his
Epitaph,
7. .V.
the LIFE of the Honourahle and Reverend
Will, whereby he is juftified. Men may be forced to a(5l, but never
to will, ill Things. Accordingly the Dodor, to his lafl, behaved hin;i-
felf in his College in maintaining the llatutablc Order, fleadily doing
Juflice to the deferving Scholars, and difcouraging others. Nor was
it pofTible, by any Means, fair or foul, to move or corrupt him to
any Adl againft his Judgment or Confcicnce-
But now, before we part, I fliall add a few Words about the Doctor's
Manner of pafling his Time in his Weaknefs. After he was able to
go abroad, and to ufe his Coach, which he did not without much
Trouble and Afliftance, he went fometimes to vifit his Mother near
Bury, where he pafTed his Time mod eafy and to his Content, be-
caule it was void of all Manner of Bufinefs. He there made the
Proofs of his Ability to preach, and, with much ado, was got into
the Country Pulpit. His Matter was very plain and pious j but he
laboured under fuch an invincible Want of Utterance, and what he did
fpeak was with fo much Pain and Deformity, as rather mortified than
edified the Congregation ; and, at Length, he was forced, for Fear
of his Fits, to leave off abruptly. He defired alfo to refume a little
Study, and the Ufe of his Pen j but his Fits fliid, Nay. Therefore,
finding that all Preparation towards any adual Exercife of his Duty,
threw him into Fits, he was forced to be contented with having a
good Will, and made his utmofl: Profers towards it. His Mother
parted with her Woman to be liis conftant Attendant and Nurfe, and
(he commonly travelled and went abroad with him ; and, without fo
good a Servant and Friend, he had paffed his Time very painfully. He
often went to London and rclidcd at his Prebendary ; which was a
pleafing Variety to him. All the Service, his Friends could do him,
was to vifit and indulge, and converfe merrily and freely with him.
He did not well bear long Vifits; efpecially of thofe whom he did not
much like. If he found a Difpofition to Fits, he called for Wine,
which reinvigorated his Spirits. His bed Diverfion was Variety; and
he had mofl of that in London \ for he could creep about the Cloyflers
to Prayers, and to vifit his Neighbours.
In thefe Marches the Beggars had found him out and marked him
for their own ; and he always carried a Cafli on Purpofe for them.
They knew his Motions as well as if they had been his Donieflic§.
He fcarce ever failed of giving every one, that afked, fomething.
Always, at his taking Coach and lighting, his Attendance was great;
and whoever was with him muft flay till the Dole was finifhed.
Sometimes, if he flmcied them good People, in a Garb of Humility,
he would afk their Prayers, which they plentifully beftowed, in his
hearing at leafl; and probably with a true Zeal, for he was the beft
Mafter they had. Thefe Charities were public, and all, belides what
muft
Z)r. J O H N N O R T H. 187
muft necefTarily be fo, he affededly concealed. By his laft Will he
left a full fourth Part of all his Eftate to be diftributed to poor People,
which, by his beft Brother, whom he made his fole Executor, and
thofe that came under him, was done. His Devotions, befides the
public Service of the Chapel, and Churches where he was (which he
never failed if he was able) were no lefs afFededly fecreted than his
Charities ; for they were always in perfect Privacy, and by himfelf.
He had certainly a found Mind ; would to God his Body had been fo
too. About three or four Years after his firft Illnefs, he made his
laft Retirement to Cambridge, and feemed to bid all his Friends adieu ;
and there he pafs'd the forry Remainder of his Life. It was moft
alone by himfelf, for his Mother was dead, and his moft efteemed
Friends engaged in great Dealings above. He declined College Bufinefs,
which, becaufe of his too fenfible Incapacity, he found he could not
adminifter to his Mind. He took moft to Silence, and, however
feldom, yet, when he did fpeak, it was much to the Purpofe, and
often very pathetic, and, perhaps, being offended, refentingly far-
cafmous. He frequently wrote to his befl Brother, which he could, *
with his found Hand, do at Times, and as he found himfelf eafy.
I have feen fome of thofe Letters, which, as I remember, were in a
fervent, or rather flaming Style, upon the Subjedls of his Efteem and
Value, and his own wretched Unworthinefs. But they are all gone
to the Fire, or fwept afide and out of my Reach. His Weaknefs of
Body continually encreafed, and his Fits came on quicker. His chief
Eafe was the Couch, where he ufually lay expedling Fits, and wifli-
ing for Death, the only Means to free a limpid Soul, as his certainly
was, from that Dungeon of Flefh, in which he lay ftuck faft as in a
Mire. At Length, in one of his Fits as was fuppofed, without Dif-
covery of any Pain, about April 1683. he went out rather than died.
He lies interred in the Ante-chapel, as he direded in his Life Time,
and, as was noted, nothing fignificative but y. N. upon a fmall Stone
over him. He was defirous, if he could not leave Ibmewhat behind
him worthy to be remembered, of which (as I have fhewn) he never
was fatisfied, not to be remembered at all.
It may be conjedtured that, if he had married, it would have pre- Marriage, to
ferved him longer, for the Cares of a Family are frequent and jui- which he ww
portune enough, but interrupted. Thefe, compounded with his o^j^-ht have
Studies, had relieved both. And he was not at all averfe to it, for he rreicrvcdhina
ufed to fay that a rich Wife was a good Benefice; and he found no
Topic more for his Purpofe, in rallying his Friends, than that.
Once he obferved that, at one of his beft Brother's Chriftnings, there
was a grievous Clutter about Goflips, Entertainments, Nurfes, &c.
He comes to his Brother and Serioujly, faid he, and as I am a living
Pp Man^
288 the Life of the Hon. and Rev. Dr. John North.
Man, Brother^ there is more than one would imagine in that Saying,
«_ '« Any Thing for a quiet Life." In a Word ; however, the Dodor
pleafed himfelf with whetting his Wit upon his married Friends to
luch a Degree as they fearce bore, they yet were pleafed ; for his Girds
were obUque, and touched to the quick, but not dircdly exception-
able; and they commonly brought a Shower of like Hail upon him-
felf
TheDoftor's I know nothing of Exception juftly taken to him during his whole
Integrity Ljfg^ although he was a Scholar almoft univerfally known and ob-
whoie and '^ j ^ . ^^^^^ ^^ ^.^^^ to tlic Government of the Col-
tothcLaft. lege; and then only for his rigorous Exadion of Duty and Order
in the Scholars, and fevere Juflicc in Elcdtions. As to the former,
he was taken for an Innovator, but by the diforderly only; andthofe
carried it fo far as to fay, his paHionate Severity (which they called
Malice) brought his Difeafe upon him. For the other ; although the
Seniors were much piqued at him for not always agreeing with them,
it was only among themfelves, and in particular Ca(es. Neither Side
carried it farther into Malice and Rancour, whence open Fadion
and Party-making might flow. The Dodor contented himfelf with
the ordinary Allowance, and never made any Encroachments upon
the Rights and Revenues of the College, nor fquandered their Monies in
Decorations, or otherwife, after his own Fancy or Advantage, to the
OpprefTion of the Fellows. If any have done otherwife fince, let
them ^o away with the Honour of it. And as to the late Con-
troverlles between the Mafter and his Fellows, in which they have on
both Sides alluded to our Doctor's Cafe, it is certain it fignified no
more to the Queftions of right depending amongft them, than to the
Monarchy of Spain, For what was it to the Purpofe if Dv, North
vexed the Fellows, or they him, and in fome particular Inftances
only and thofe not referred to the Profit of either, but only to Go-
vernment in the College ? but fo People, in Difference, are apt to fcold.
I might here infert their fevcral Prints; but, having declared the whole
Matter in itfelf impertinent, and withal not touching our Dodor in
any Refped, I hope it may be excufed. And here I leave the good
Dodtor, freed from his unhappy Cafe of Flefli; but, withal, a bright
Example of Orthodox Religion, Learning, Juftice, and good Will,
to his eternal Reft, and Affurance of the Rewards of well doing.
INDEX.
I N D EX
ALicANT, of the Situation of that
Place, 1 6.
Am AND, Sr. the Apothecary, Obferva-
tion of his upon Sir Dudley North's
dyjng with entire Refignation, 209.
Archipelago, of an Ifland in that Sea blown
up by an Earthquake, 37.
Archangel, of the Houling and Law there, 1 1 .
Great Serenity of that Place, of the City, and
Country about it^ ibid.
AvANiA, Introduaion to the Hiftory of them,
71. I ft, About the Audience of the Em-
baffador, 74. zd. Upon Mr. John AJljby Mer-
chant, in Smyrna, 76. 3d, Upon Account of
the new Lyon Dollars brought to Alef^o, 79.
4th. A Seizure of Mr. Pent he's Eftate, 84.
5-th. Upon detaining the Capitulations, 90.
6th. About Demands made by the BaJ})aw of
Tunis, 93. 7th. About the Cuftoni of Silk
outwards, 98.
Authority, of the Conformity therein, that
runs through the whole Syftem of Govern-
ment in ail Nations, 131.
Aristotle's Philofophy, bad Ufc made of
it, 259.
Author, his Defign, 233. His End and Rea-
fons for it, 234. His Method in it, ibid.
B.
Barometer, an Experiment made about it in
Conjiantinople zud England, 196.
Be SA STEIN, a Place fo called in Con/iaminople,
148.
Br o A DC A T E, Chaplain to the Faftory at Smyrna,
fomc Account of him, 35.
Butler, Sir HiichoUs, Charafter of him, 162.
Butle R, of a Buricr Sir Dudley had in his Houfe,
whom he cured of being an Aftrologer,
200.
Barrow, Dr. Time he fpent in finding an Arc
of a Circle equal to a given ft/aight Line, 260.
Bl EM WELL, Mr. what Sort of Painter he
was, 237.
Booksellers, of them and their Trade, 241.
Breakfast, Order about it eftabliflicd once at
Lambeth-Houfe, 249.
C.
Cann, Sir Robert, againft the Match of his
Daughter with Sir Dudley North, 1 55. Came
in at laft, 156. Sent to the Tower, 164.
Concerned in kidnapping at BrUlcl, 165.
Cleared of that and forgiven by Jeffries, ibid.
Died fliortly after, and how, 1 66.
Cape, of that called the North Cape, 9.
Capitulations, Account of the Renewal of
them at Adrianople, by Sit John Finch, 103.
Car A Must APR A, Account of fome Paflages
at Con/iantmople lince the cutting off of him,
102.
Cares, long Care attended with Succefs turns
to Habit, 239, 2.
Carnival, of the Sports ufed at that Time,
20.
Carpenter, few Tools the Twrti//? Carpenters
ufe, 1 1 8.
Charles II. His Difcourfe with Sir Chri-
Jiopher Wren about Winchefier-Houfe, 174.
Child, ftrange Education of one in Teru, 134.
Church, St. ?auVs, why the great Arches of
the Floor, there, fell down twice, 198
CiMici, what, troublefome in .y/>x/», 143.
Closetting, the Manner of it as it was prac-
tifed by King Jumes II. 184.
Coffee, drank much, but no CofFee-houfcs in
Conjiantiaople, 149. What Coffee-Houfes were
in Cambridge, in Doctor North's Time, 249.
Colt, Mr Dutton, his Motion at the Committee
of Commons, 190.
Commissioners, of the Cuftoms, fliort Ac-
count of them, 168.
Committee, appointed after the Revolution
to infpcdk the Abufes crept into the Ca.loms,
167.
Commons, Committee of, d.tfer about aflcing
Queftions, 189.
Company, Turkey, of their Dciign to interdiA
Trade with Turkey, 171.
Pp2 ' Convent,
INDEX.
Convent, of a fmall one of Fryars in Per:t,
1 19.
Cork, of the Cork Tree, 19.
Criminals, None of thofc puniftied that had
a Hand in the Crimes which brought on the
Revolution, 186.
Charles, II. his Approbation of the Dodor's
Sermon at Sewmnrket, 250.
D,
Dervise, Infolent Behaviour of one to a great
Man, 60. Of feme that the Merchants rode
over, 126,
Divers, of the Governors of them, and how
they do Juftice, 131.
Docs, of thofe that are in Turkey, 34..
DuNCOMB, Mr. Charles, who, 164,
Dutch, heavy Sailors, 28.
DuPORT, Dr. of his Poem upon Dr. North's
being made Greek Profcflbr, 255. Some Ac-
count of him, ihid.
Earthquake, of one in the Air, 36. Ex-
periment proving the fame, 36. Of true
Earthquakes and Volcano's, 3 7.
Eastern, why the Eaftern People write from
right to left, 44.
Ekfendi, kept by the Faftory, and why,
44.
Estates, after Death, well fecured in T$4rkey,
55. How difpofed of after Death, iSiJ.
Experience, Reflcdion upon getting it early,
6.
F.
Fa c t 10 N , they endeavoured to prevent Sir Dudley
North's Match, i 54.
Fishing, Manner of fifliing in the Hellefpont,
132.
Florence, of that City and the Buildings
there, 23. Of the rich Chapel there, 24. Of
the Houfes and Waterworks, 26.
Fowl, of thofc called diving Fowl, 10.
Family, and Education, fomc Thoughts upon
them, 236.
Fell, Dr. Dean of Chrift Church in Oxford,
ihort Charafter of him, 253.
G.
Greeks, State of them, 30. Freedoms in their
Religion, 30. How they got Pofleflion of
the holy Sepulchre, 104.
GoviRNORs, in Turkey, Tyrants and yet Slaves,
30. Of riwr*i/^ Government, 30.
Cuy, Mr. Henry, who, 164.
H.
Hedges, Mr. who, 41.
House, of a celebrated Houfe or Region in
Conjlantinople, 41. Very much out of Order,
41. Of Covciing Houfes wi:h Lead hid upon
Loam, 117.
Hatton, Sir Chrifiopher, fome Account of him,
246.
Hatton, Lord, fome Account of him, 25 1.
Hatton, the young Lord, His Piety towards
his Mother and Family, 251. . His providential
Reward for it, i^id.
h
Jacopo, St. of a Devotion paid at a Place fo caC-
cd by the People of /.f^^orw, 21.
Jews, of thofe at Conjlcmtinople, 122.
Jeizo, the Ufe of that in Shell Work amongft
the Turks, i 30. Frames of Glafs for Windows
made of JezAo, 131.
Joy, Great Etfedls of fudden Joy, 144.
Judges, of them and the Trade they drive
in Turkey, 45.
Justice, criminal, how feverc in T«r*^, 54.
Jesuits, their Pra»aice when any great Work
is to be publiftied by their Body, 264.
L.
Law, Nature of the Turk'ifls Law, 49. Some-
thing like our Common Law, ibid. No
Proccfs, 50. Anfwers made in Perfon, 51.
No contrary Witnefs to the fame Faft, '^id.
No Appeals, ibid. Exquilitc Difpatch, 53.
Objeftion to it anfwered, ibid.
Leghorn, of the Buildings there, 17. Of the
Mole there, 19. Of the Carnaval as it was
celebrated there, 21. Of their Women, ibid.
Fond oi Englifh Things, 22. Of the Country
between Leghorn and Florence and their Huf-
bandry, 22. The Gentry Retailers of Wine,
&c. t3-
Loan, of Loans to great Men mTurkey, 62,
LuccA, of that Ciiy, 20. Of the CaUm there,
21.
Lauderdale, Duke of, why he frequented
Newmarket, 257. Accepted of an Entertain-
ment at Cambridge, ibid. Anfwered the Public
Orator, in Latin, 258.
Lectures, public, the Doctor's Opinion of
them, 248.
Library, Occafion of building that of Trinity
College, 275.
MfiSSlNA,
INDEX.
M.
Messina, of the Feaft of Madonna de le Litttre
there, 27. c . xt
Mingrelia, of the Embaflador of that Na-
tion, 114.
Misteria, of a Privilege fo called, 100.
Money, of that Sort which is moft ufed m
Turkey, 79. The Projed about conventicling
Money, 1 00. Feud at Court about the Money
arifmg from the Duty of Excife and Hearth
Money. 170, Clipt Money reformed the
worft Way, 180. Enquiry into the levymg
Money without Law by King James 11. laid
afide by the Faaion, and why, 192-
Mastership, oi Trinity College, the Burthen of
it to the Doaor, and why, 254.
Music, Reflexion upon the Pleafures of it, 244.
N.
Navy, Sir Dudley North's Opinion of it, and
the then Management, 173.
Non Ob st antes, and Regulations, fome Ac-
count of them, 184.
North, Mr. Mountagu, called from Aleppo to
Confiantinople, 58. Fell ill of the Plague, 121.
Of the Sore he had in his Arm after the
Plague, 122. Imprifoned in Fm««, and why,
202. , ,
North, Lady, Sir Dudlefs Mother her in-
comparable Piety and Affedion for her Chil-
dren, 2. ./• r J
North, Lady, Sir Dudley's Wife, profccu ted
for conventicling Money after the Revoiu-
fion. 160. Some Notes upon that Profecu-
cution, 161.
North, Sit Dudley, his Parentage and Name,
1. How his Name came into the Fa-
mily, ibid. Forward and beautiful when a
Child, ibid. Stole by a Beggar in London, 2.
Had the Plague and recovered, ibid. Put to
Bury School, U>id. But an indifferent Scholar,
ibid. Ill ufed by his Mafter, ibid. Early
Difpofition to Merchandize, 3. Placed at a
Writing-School, ibid. Efcaped Rum there,
how, ibid. Lover of Cockfighting, 4.
Defperate Swimmer, ibid. How he (hot
London Bridge, ibid. His bold Adventures m
that Exercile. ibid. Bad Expedients he ufed
to get Money. 5. Dcfperately in Debt and
how relieved, ibid. Bound to a Turkey Mer-
chant, 6. Sent Supercargo to Archangel, 7.
Account of his Voyage thither from his own
Pen, ibid. His Departure and Sea Sicknefs,
8. Was refufed any Inftruftion by the Sea-
men, 10. Met with a great Storm in their
Voyage from Archangel to Leghorn, 15. Per-
Ibrracd Quarantine at Alicant, 16. The like
ftrialy at Leghorn, 17. Variety of Paflengcrs
in their Ship, 28. His mercantile Stock and
Faftorage but fmall, 32. Lived thriftily a-
broad, and why, 33. Hunted upon an Afs,
33. His Charafter and Conduft at Smyrna,
34.. Recovered a Smyrna Fever, 38. Dif-
ference he had with his Mafter, and came to
England, and why, 38- Hardlhips in his
Voyage, back to Italy, 39. Agreed with his
Mafter and went out again, 40. Doubtful of
his Condition, 39. Excuifion to Venice, 40.
Removed to Confiantinople, ibid. Saying of
his, ibid. Took upon him the Conduft of
the Faftory at Confiantinople, 42. Began the
Accounts anew, ibid. Imraenfe Pains in get-
ingin Debts, 43. Managed above 500 Law-
fuits, 43. Acquired the Turkijh Speech and
writing, 44. His Friendfhip with a Cadi,
ibid. Got fome Debts by threatening to re-
quire them in another World, 47. Helped a
Judge through a difficult Caufe, 48. Accufed
before a Cadi, but efcaped, ibid. Trouble from
his Partner Mr. Palmer, 56. Broke with him,
and why, ibid. Accounted to England and
retired, 57. Called his Brother A/fl«»W|« from
Aleppo, ^i. Bufmefs returned foon, 57. Chofe
Trcafurer, and built Conveniences, 5 8. Served
by a Chiurm of Galley Slaves, 59. After his
Buildings finiOied, he fold his Houfe, ibid.
His Way of living there, 60. His Converla-
tion with a Bey of a Galley, 62. An Ad-
venture he had with fome bad Cloth he fo.d
to Bobahajfan, 63. Almoft lamed once with
fitting crofs legged, 63. Cured himfelf ot
two Wens on his Knees, 64. Cures he made
upon himfelf by Way of Diet, ibid. His
(hew Audience before the Grand Signor, 65.
His Addrcfs and Security againft Knaves, 66.
His great Bias to Truth, ibid. Of his Rela-
tion of the Jvanias, 67. Oppofed the Em-
baflador about levying Money, 68. Account
of a Letter he wrote to a Minifter of the grand
Duke of Jufcany's at Conjlaminople, 69. A
Repulfe he met with in buying an Horfe,
70. How well hc^ underftood the Genius of
the Turks, ibid. His Thought of being Em-
baflador, 113. The great Concern he had in
the Audience, 1 1 6. Made a Plan of Conjian-
imple, which he afterwards loft, ibid. His
good Nature to Merchants newly come
120. His Adventure with a Grave Digger,
121. Efcape he had from a fuperftitious
Rabble, 124. His Way of ftiifting off Dif-
courfe about Religion, 126. Took a juft
View of the Seraglio, 133. Charafter of
him while abroad, 134. Preparation to come
iw^y,ibid. StoptatS;w)r»/», 135. Voyage from
thence, 136. S^\kd to A/icant, 142. Paflage
over Land to Cadiz., 143. Diverted himfelf
with marine Experiments, 143. Wore his
Garb
INDEX.
Garb for fome Days after became over, 144.
Cured his aceping out of Time how, 145.
Made a Vifit to his Mother, 146. Adted tor
her Executor, 146. Settled in London, 147.
Difliked paying and receiving by Bankers, 1 48.
Bought Stock, and made a Direftor of the
African Company, 149. Inflexible againft
Knaves, 1 50. In Danger of his Life from his
Rcfolutenefs, ibid. Recommended by the
Lord Keeper to the Lord Rochejier, 151. Paid
no Regard to the Means ufed to divert
him from holding Sheriff, 1 1J3. Summoned to
appear before the Court of Aldermen and fvvorn
Sheriff, 155. Applied to fcafling the Companies,
as ufual. I 57. Troubled about the Executions
during his Year, 158. Chofea Alderman apd,
afted as ] uftice of the Peace, ibid. His Behaviour
in that Capacity, 159. His Dealing in conven-
ticling Cafes, ilid. Paid his Money into the
Exchequer, 160. Placed in the Cuftoms, 161.
Took a great Houfe in a bad Situation, 163.
His Way of living there, ibid. His Behaviour
in the Cuftoms, 166. Railed at by Smug-
glers, ibid. Inexorable in Cafes of Fraud,
168. Troubled with hard Queftions from
the Treafury, 169. Anfwered them, how,
i6id. Proved that the Farmers of the Duties
of Excife, and Hearth's falfified their Accounts,
1 70. Difcovered the Turkey Company's De-
fign to interdift Trade, 171. His Anfwcr
to thofe that rcflcfted on this Difcovcry in
the Thrkey Court, 172. Made Commiffioner
of the Tveafury, ibid. Put into the Cuftoms
again by King James the lid. 174. Chofe
Member for Banbury , 175. Managed for the
Crown in Parliament, 175. Propofed a Tax
upon Sugars and Tobacco, 176. B-fflcd the
Traders at my Lord Rochejler'j Houfe about
the Tax, 177. Carried through with much
Trouble, ibid. Advifed the Way to make the
Accounts, 178. Againft the Coinage Bill, and
why, 179. Scandalifcd at dipt Money, and
the Reafon, 179. Publiftied a Pamphlet about
it, 1 80. Scandalifcd at the Laws for the
Poor, 181. Undertaker the Care of the Lord
Keeper's Children and their Eftates, after his
Lordlbip*s Death, 181. Dedicates one Room
in his Houfe to that Truft, 182. Kept the
Accounts mercant^lely, ibid. Applied to pur-
chating Eftates, i 83. Clofettcd by the Kin^-,
i8|. Threatened from Holland, 185. The
like fiom Exeter, 186. Stiiid behind when
»)thers run away, ibid. Left out of the n.w
Commifl'ion of the Cuftoms, 187. Reduced
to a mere Merchant, ibid. Left off trading,
why, ibid. Examined before the Committee
of Lords, end alfo before that of the Com-
mons, 188. Efcaped a Snare laid for him by
Means of his eldcft Brother, 191. Rcfufed
to aflifl hi: Brother-i:i-Law the Eail of Yar-
mouth, when contrary to his Duty, 193.
'1 urned a near Relation out of a Place not-
withftanding the Importunity of another
Relation, and why, 193. Refufed to pay
Mr. Foley a poftponed Debt of the Navy,
194. Reduced to a private State, and how,
ibid. Spoiled a Projeft of fealing Beams,
195. Deteftcd all Projects and derided di-
verfc of them, ibid. Laughed at the Earl of
Yarmouth about a Copper Mine in America,
ibid. The like about a Sough, or Drain to
a Lead Mine near Wales, ibid. Loved Sights,
and afraid of being turned out of public Places,
196. Ventured high in the Monument and
Bow Steeple, 197. Great Lover of Building,
and fome Obfervations of his in that Way,
197. Would have been g!ad to build, and
liked furveying, 199. His Manner of Living,
ibid. His private Diverfion, and great Care of
his Children, 200. How he fupplied his
Houfe with Vinegar, 200. Loved travelling,
201. His Rtfidence in Summer where,
ibid. Manual Exercifes, ibid. Could not get
his Brother Montngu rcleafed out of Prifon,
why, 202. Purfues his Mechanic Exercifes, ibid.
Liked no Diverfion that did not admit of lit-
ting, 203. Eicaped a Trap laid for him by
a cunning Principal, 204. Ill ufed by the
Turkey Company, ibid. Concerned in but one
Law-fuit, 205. Difcourfe of his with Lady
DacrtSf when his Brother decreed againft him
in a Law Suit, ibid. Efcaped a bad Wound,
and how, ibid. The worft of him and his
Morals, 206. His Conftitution and Temper
of Body, ibid. How cured of a great griping,
ibid. Came to live with his Brother in Covent
Garden, 207. Journey to Br//?o/, and upon his
Return taken ill with a great Cold, ibid. His
laft Sicknefs and Behaviour under it. His final
Departure, 208. Interred in Covent Garden
Church, and afterwards removed toGlemhamia
Suffolk, 209
Newton, Sir Ifacc, obliged to Dr. Barrov, how,
260.
North, Dr. His Parentele and Relation, 23 j.
His Temperature of Budy and Mind, ibid.
Where and when at School, ibid. Of his
Pi6lure in his Cavalier's Cloak, 237. Pcrfedl
School Scholar, 238. Had Ltid. Left in a
dead Palfey and his Notions, 282. His Mmd
turned wholly to Levities. 283. Thefc con-
tinued fome time after he left his Bed, ibid.
His Apoplexy followed by epileptic Fits, 284.
His Religion not diminiftied during all his
Weaknefs,285 . His Judgment recovered Strength
as his Weaknefs encreafed, ibid. His Attempts
to preach, ftopt by Fits, 286. Wme a Relief
gainft his Fits, 286. Charity and Devotica
conftant, ibid. His Death and Epitaph, and
why no more, ibid. Marriage might have
done him Service, and why, 287. Say-
ing of his at a Chriftening of his bcft Bro-
thers, ibid. His Intregrity whole and unim-
peached to the laft, 288.
O.
Gates, Titus^ His Difappointment at Sir Dud/ey
Norr^'s efcaping fcot-free, 190.
Orders, Holy, Obfervation on the Inducements
towards entering into them, 239.
Palmsi.
INDEX.
p.
i**
Palmer* Mr. who, 41.
Parliament, Enquire into the Proceedings ot
the former Reigns, 188.
Petrification, of common Petrification, 31.
Pipes, fo-- Tobacco, a particular Way of making
them in Turkey , 132.
Pisa, of that Town, 17. Of the Givoco
di Ponte there, 17. Of the leaning Tower,
18.
Plot, Popifti, Belief of it among the Merchants
Abroad, 151.
Proverb, a particular one among the Mer-
chants, 43. The World is a Tail, &c. a Story
relating to it, 127.
Public, State ot it when Sir Dttdley came
over, 152.
CL
QuAKfiR, of one that came to Conjluntincple,
115.
R.
Reading over, the Ufe of it in Turkey, 124.
Religion, Danger of talking about it with the
Turks, 125.
Rochester, Lord, his Rcfentment of a Dif-
eovery made by Sir Dudley ^orth, 171. Made
Lord high Treafurcr, 174.
Russians, Traffic our Seamen drove with them
when Sir Dudley North arrived m^r Archnngel^
10. Soldiers or that Nation came aboard the
'Englijh, II. Of their Natives . their hot
Houfcs and Women, 12. Of their Superfti.
tions, ihid. General Charafter of them, ibid.
How they manage their Corn, 13. Of their
Religion and Monafteries, ibid. Their Man-
ner of Work and Building, 14. The Man-
ner of their Baths, ibid.
S.
Saying, of a Gentleman that parted with his
Wife upon the Score of Cuckoldom, 1 56. Of
a Philofopher to Pyrrhus, 203. Of a Surgeon
who made a quick Cure of a Wound in the Leg
of one of Sir Dudley North's Servants, 206.
Sea, State of the White Sea and the Iflands there-
abouts, 10.
Seaman, of the Life a Seaman Leads, 9.
Seraglio, Manner of dealing with the People
of it, 61.
Slaves, of the Condition ot thofe in Turkey,
128. Of two that he brought home with
him, ibid.
Smyrna, of that Bay, and the Embatty there,
29. The Effefts of the Air there upon Things
at a Diftance, 29. Of thcGreeki in that Coun-
try, ibid. Of the Houfcs and Antiquities
thereabouts, 31.
Speech, \u Aji», figurate, 126.
Stone, of fome Excrckences found growing
out of Scones, 20.
Stombolo, of the Burning Mountain of that
Name, 26.
School, Story of one that could not undcr-
ftanJ homopene and hetcrogcne, 238.
School, Of the Difcipline of Bury School in
Dr. North's Time, ibid.
Scot, Mr. a BookfcUer, fome Account of him,
240. 2
Spiders, of their Way of Life, and how they
call their Skin, 244.
Stephens, Dr. Mafter of Bury Scho«l, fome
Account of him, 235. Some Obfervations
upon thofe Gentlemen whom he cloattied in
Cavalier Cloaks, 237.
T.
Tar, Proccfs of making it. 13.
Tax, upon Sugar and Tobacco, what Oppofition
it met with, 176.
Tunis, Account of the Civil Wars there, 137.
Turks, how amafcd at Hounds, 34. Of their
Conftitution, 71. Notion they have of an
Embafljdor, 114. Notion they have of what
we call Curiofuy, 1 16. Their Way of build-
ing Houfes with Wood, 1 1 8. Some Houfes
built there with Sun burnt Bricks, ibid. Do
not build pompous Houfes, and why, ibid.
Why the Face of that Empire looks wretched,
119. They think that Angels govern the
Plague, 124. Their Opinion of Men being
alive in their Graves, 125. Some Fondneflfes
of the mod fimple of them, ibid. Why they
endeavour to make Piofelyte% 116. A Turk
convinced aga'nft Fatalifm, how, 127. Para-
ble to fhew their tyrannous Difpofition, 129.
Difficult to know rKr*^' well, 132.
Tuscany, Grand Duke of, his Manner of hunt-
ing, 18. His Care of the Game, 19. Of his
Gallery and Curiofities, 25. Character of a
Minifter of his at Conjiantinople, 69.
V.
Visier, of one that rcpulfeda Man that carac to
complain, 129.
Vow, particular Kind made by a charitable
Man in Turkey, 149.
W.
Water, of a Device for lifting it, 130.
WiLLIAUS
INDEX.
Williams, Sir miliam, his Motion at the Com-
mittee of the Commons, 1 89.
Winds, Uncertainty of them, near the Shore be-
tween Leghorn zndCorficn, 16. Of the Wmds
in the Archipelago, 28.
Witness, the Ufe of falfe Witnefles m Turkey,
46. Ufe the French made of a falfe Witnefs,
Weakness, of Body, hath nothing to do with
good Will, 239.
V/estminster, of that Chapter aud Collegiate
Church, 247
Wren, Bilhop of Ely, faying of hu, when
Dr. North came to be admitted mto a North
Fellowlliip. ^.39- Anoiher Saymg of bis,
ibid. ,
Writers, of Lives, Defign of many ot them,
333.
F I N I S.
r
Lately publipd by the fame Author,
,he UtiKteg^SX the Second, and his Happy Reign, from the attended A^.n, of that
and others the moll eminent Lawyers and Statefmen of that Time.
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