* illegal examination of the witnesses before the grand jury in open court, the bill was ignored; a proceeding which irritated the partisans of the court almost to a degree of frenzy. The grand jury, it was affirmed, were perjured, and the most vehement abuse was showered upon them. In defence of their verdict, and in support of the institution of grand juries in general, Mr. Somers composed this tract, which has received the applause of many enquirers into our constitutional literature.t In one instance, however, the author appears to have pushed his doctrine to a faulty excess, where he insists that grand juries are not to be guided by probabilities only, since in fact all evidence is reducible to a mere probability, as the testimony of an eye-witness must depend upon the probability of his speaking the truth; a probability into which it is frequently necessary to enquire. But political studies alone did not occupy the active mind of Mr. Somers. He had devoted himself with much ardour to classical pursuits; and of the progress which he had made in these, and of his general attachment to literature, he afforded an instance in 1681, by the publication of a translation, into English, of the Epistles of Dido to Æneas, and of Ariadne to Theseus, from Ovid. It would be unreasonable to institute a comparison between the versions of Mr. Somers and those of Dryden and Pope; but it may be asserted, that in Mr. Somers's attempt there is considerable power of diction, and some ease of versification. The following lines have been cited as an impartial specimen of the "With cruel haste to distant lands you fly, And should you reach at last this promised land, And new occasions new-made vows to break? See the ravings of Roger North, in his Examen. poems: See the Letter on Libels, General Warrants, &c. p. 31. Eunomus, L When can you walls like ours of Carthage build, Scorch'd up with love's fine fire, my life does waste, But the strong flame burns on against my will; Soon after the publication of these poems, Mr. Somers again appeared before the public as the translator of the life of Alcibiades in the version of Plutarch by various hands; and about the same time he is supposed to have produced the poem entitled Dryden's Satire to his Muse, in answer to the celebrated Absalom and Achitophel of that poet. With regard to the authorship of this poem, which is written with great vigour, and is certainly superior to the translations from Ovid, much doubt has, with reason, been expressed. [Note 43.] In the year 1682, Somers left the university, after a residence of seven years. It appears that, although he took his bachelor's degree, he left before he had taken that of master of arts. On his removal to London, he immediately began to practise at the bar, and, as it would appear, with very eminent success, since during the reign of James II. his professional income is said to have amounted to 7007. per annum; a very considerable sum at that period.* In the year following the commencement of his practice, he was employed as one of the counsel in the celebrated case of Pilkington and Shute, the sheriffs of London, and others, who were indicted for a riot during the election of sheriffs.† In the arguments and other proceedings which took place in the course of this prosecution Mr. Somers appears to have taken little part; but his employment in a case of so much importance and notoriety must have contributed to his progress in his profession. The defendants were found guilty, and severely fined; but on Life of Lord Somers, p. 15. + Howell's State Trials, vol. ix. p. 187. the revolution the judgment was reverset in paris ment. Notwithstanding the occupation wet in promona duties afforded him, Mr. Somers fount cultivation of general literature, and distingu self by the patronage which he exente a incr dertakings and to men of letters bar m under his encouragement, the fire foin was printed*; and at a later per 1 FAIRIN of fostering the rising genius of Jose "The courth Tahun ber bushes The reputation wing Ne bes constitutional lave et un tra the most important as the a trials. On the assump of a tr James II, and the promu. time, of a decade of so was the Legious e constitutional mess, at I w "atoned in SUTE DE The declaration we deter 2 Sundays, during the When can you walls like ours of Carthage build, So true a wife no search could ever find. Scorch'd up with love's fine fire, my life does waste, But the strong flame burns on against my will; Soon after the publication of these poems, Mr. Somers again appeared before the public as the translator of the life of Alcibiades in the version of Plutarch by various hands; and about the same time he is supposed to have produced the poem entitled Dryden's Satire to his Muse, in answer to the celebrated Absalom and Achitophel of that poet. With regard to the authorship of this poem, which is written with great vigour, and is certainly superior to the translations from Ovid, much doubt has, with reason, been expressed. [Note 43.] In the year 1682, Somers left the university, after a residence of seven years. It appears that, although he took his bachelor's degree, he left before he had taken that of master of arts. On his removal to London, he immediately began to practise at the bar, and, as it would appear, with very eminent success, since during the reign of James II. his professional income is said to have amounted to 7007. per annum; a very considerable sum at that period.* In the year following the commencement of his practice, he was employed as one of the counsel in the celebrated case of Pilkington and Shute, the sheriffs of London, and others, who were indicted for a riot during the election of sheriffs.† In the arguments and other proceedings which took place in the course of this prosecution Mr. Somers appears to have taken little part; but his employment in a case of so much importance and notoriety must have contributed to his progress in his profession. The defendants were found guilty, and severely fined; but on Life of Lord Somers, p. 15. +Howell's State Trials, vol. ix. p. 187. the revolution the judgment was reversed in parlia ment. Notwithstanding the occupation which his professional duties afforded him, Mr. Somers found leisure for the cultivation of general literature, and distinguished himself by the patronage which he extended to literary undertakings and to men of letters. By his advice, and under his encouragement, the first folio edition of Milton was printed*; and at a later period he had the honour of fostering the rising genius of Pope. "The courtly Talbot, Somers, Sheffield read; The reputation which Mr. Somers had acquired as a constitutional lawyer led to his being employed in one of the most important cases in the annals of our state trials. On the assumption of a dispensing power by James II., and the promulgation by him, for the second time, of a declaration of indulgence, the object of which was the illegal introduction of the catholics to power, the prelates of the church of England opposed the unconstitutional measure, and thus, in the words of Hurd, ❝atoned in some measure for former miscarriages.” The declaration was directed to be read on two several Sundays, during the time of divine service; but the performance of this duty was found so obnoxious to the clergy, that the archbishop of Canterbury and six of the bishops humbly petitioned the king to be absolved from it. Inflamed by this refusal, and instigated by the evil advice of Jefferies, James summoned the petitioners before the council, where, instead of tendering a submission, the prelates professed that they had done nothing that they were not ready to justify. The result was that an information was filed against them for publishing a seditious libel against the king and his government, and on the 15th of June, 1688, they were brought to trial in the court of king's bench. The counsel for the bishops were Sir Robert Sawyer, Mr. Finch, Mr. Pol * See the Dedication to the 2d ed. |