of lords to correct some proceedings in the common law and in chancery, that were both dilatory and chargeable. He began the motion with some instances that were more conspicuous and gross; and he managed the matter so that both the lord-keeper and judges concurred with him, though it passes generally for a maxim, that judges ought rather to enlarge than contract their jurisdiction. A bill passed the house that began a reformation of proceedings at law, which, as things now stand, are certainly amongst the greatest grievances of the nation. When this went through the house of commons, it was visible that the interest of under officers, clerks, and attornies, whose gains were to be lessened by this bill, was more considered than the interest of the nation itself. Several clauses, how beneficial soever to the subject, which touched on their profit, were left out by the commons. But what fault soever the lords might have found with these alterations, yet, to avoid all disputes with the commons, they agreed to their amendments. There was another general complaint made,” adds Burnet, "of the private acts of parliament that passed through both houses too easily, and in so great a number, that it took up a great part of the session to examine them, even in that cursory way that was subject to many inconveniences. The fees that were paid for these, to the speaker and clerks of both houses, inclined them to favour and promote them. So the Lord Somers proposed such a regulation in that matter as will probably have a good effect for the future." *

Although suffering from the state of his health, Lord Somers took a very active part in the great work of the Union of Scotland, in projecting the scheme of which he is said by Burnet to have had the chief hand. † In the debates which took place on this subject, in the house of lords, he was one of the most distinguished speakers. When the question of the abolition of the Scottish privy council came before parliament, he opposed, in a speech,

* Own Times, vol. ii. p. 439. fol. ed.

† Id. p. 458. + Id. p. 464.

the heads of which have been preserved *, the existence of a separate administration. The arguments urged by him, on this occasion, might be well applied to the present government of Ireland.

In the second parliament of Queen Anne's reign, the influence of the Whigs had a decided preponderance; and in the year 1708, Lord Somers again became a member of the administration, in the character of president of the council. But neither his spirits nor his health now fitted him for the active duties of political life; and it was probably without regret that, on the return of the Tories to power in 1710, he saw himself displaced. From this period he seldom appeared in public; and on the accession of George I. received merely the nominal distinction of a place at the counciltable. His faculties had suffered from a paralytic affection, which totally incapacitated him for business; though in moments when the complaint had less power over him, he still expressed a warm interest in the welfare of his country. When the Septennial Bill was in progress, Dr. Friend, the celebrated physician, called on Lord Townsend, and informed him that Lord Somers was at that moment restored to the full possession of his faculties by a fit of the gout, which suspended the effect of his paralytic complaint. Townsend immediately waited on Lord Somers, who embraced him, and, congratulating him on the progress of the bill, declared that he thought it would be the greatest support possible to the liberty of the country. His health subsequently becoming extremely infirm, he sank into a state of imbecility, from which, on the 26th of April, 1716, he was happily released by death.

Lord Somers was never married. He left two sisters, to whom his estate descended; one of whom married Sir Joseph Jekyll, the master of the rolls, and the other Charles Cocks, Esq. from whom the present Lord Somers is descended.

*Hardwicke State Papers, vol. ii. p. 473.

+ Coxe's Life of Sir R Walpole, vol. i. p. 77. 4to. ed.

M

The character of Lord Somers has been drawn by the pen of Addison, who has prefixed to the number of the Freeholder in which it is contained, his lordship's motto, prodesse quam conspici. Although this character has fallen under the censure of Horace Walpole, as "neither worthy of the author nor his subject," yet it must be admitted to present a very noble picture of an honourable man, an enlightened statesman, and an accomplished scholar. It is, therefore, given entire.

"It often happens, that extirpating the love of glory, which is observed to take the deepest root in noble minds, tears up several virtues with it, and that suppressing the desire of fame is apt to reduce men to a state of indolence and supineness. But when, without any incentive of vanity, a person of great abilities is zealous for the good of mankind; and as solicitous for the concealment, as the performance of illustrious actions; we may be sure, that he has something more than ordinary in his composition, and has a heart filled with goodness and magnanimity.

"There is not, perhaps, in all history, a greater instance of this temper of mind, than what appeared in that excellent person whose motto I have placed at the head of this paper. He had worn himself out in his application to such studies as made him useful or ornamental to the world, in concerting schemes for the welfare of his country, and in prosecuting such measures as were necessary for making those schemes effectual; but all this was done with a view to the public good that should rise of these generous endeavours, and not to the fame that should accrue to himself. Let the reputation of the action fall where it would, so his country reaped the benefit of it, he was satisfied. As this turn of mind threw off, in a great measure, the oppositions of envy and competition, it enabled him to gain the most vain and impracticable into his designs, and to bring about several great events for the safety and advantage of the public, which must have died in the birth, had he been as desirous of appearing beneficial to mankind as of being so.

"As he was admitted into the secret and most retired thoughts and counsels of his royal master, King William, a great share in the plan of the protestant succession is universally ascribed to him. And if he did not entirely project the union of the two kingdoms, and the bill of regency, which seem to have been the only methods in human policy for securing to us so inestimable a blessing, there is none who will deny him to have been the chief conductor in both these glorious works. For posterity are obliged to allow him that praise after his death, which he industriously declined while he was living. His life seems to have been prolonged beyond its natural term, under those indispositions which hung upon the latter part of it, that he might have the satisfaction of seeing the happy settlement take place, which he had proposed to himself as the principal end of all his public labours. Nor was it a small addition to his happiness, that by this means he saw those who had been always his most intimate friends, and who had concerted with him such measures, for the guaranty of the protestant succession, as drew upon them the displeasure of men who were adverse to it, advanced to the highest posts of trust and honour under his present majesty. I believe there are none of these patriots, who will think it a derogation from their merit to have it said, that they received many lights and advantages from their intimacy with my Lord Somers, who had such a general knowledge of affairs, and so tender a concern for his friends, that, whatever station they were in, they usually applied to him for his advice in every perplexity of business, and in affairs of the greatest difficulty.

"His life was, in every part of it, set off with that graceful modesty and reserve, which made his virtues more beautiful the more they were cast in such agreeable shades.

"His religion was sincere, not ostentatious; and such as inspired him with an universal benevolence towards all his fellow-subjects, not with bitterness against any part of them. He showed his firm adherence to it, as

modelled by our national constitution, and was constant to its offices of devotion, both in public and in his family. He appeared a champion for it, with great reputation, in the cause of the seven bishops, at a time when the church was really in danger. To which we may add, that he held a strict friendship and correspondence with the great Archbishop Tillotson, being actuated by the same spirit of candour and moderation, and moved rather with pity than indignation towards the persons of those who differed from him in the unessential parts of Christianity.

"His great humanity appeared in the minutest circumstances of his conversations. You found it in the bene volence of his aspect, the complacency of his behaviour, and the tone of his voice. His great application to the severer studies of the law had not infected his temper with any thing positive or litigious; he did not know what it was to wrangle on indifferent points, to triumph in the superiority of his understanding, or to be supercilious on the side of truth. He joined the greatest delicacy of good breeding to the greatest strength of reason. By approving the sentiments of a person, with whom he conversed, in such particulars as were just, he won him over from those points in which he was mistaken; and had so agreeable a way of conveying knowledge, that whoever conferred with him grew the wiser, without perceiving that he had been instructed. We may probably ascribe to this masterly and engaging manner of conversation, the great esteem which he had gained with the late queen, while she pursued those measures which had carried the British nation to the highest pitch of glory; notwithstanding she had entertained many unreasonable prejudices against him, before she was acquainted with his personal worth and behaviour.

"As in his political capacity we have before seen how much he contributed to the establishment of the protestant interest, and the good of his native country, he was always true to these great ends. His character was