it was not to defraud the duty, but to shift off the penalty.* But the old gentleman told his cousin North, he had given away his cause. His lordship thought he had done him service enough; and could but just (with the help of the beforesaid reason) satisfy himself that he had not done ill.

bauch es

life.

Before I mention the farther steps of his lord- In a deship's rising, I must get rid of a scurvy downfal caped nearhe had, which had well nigh cost him his life. ly with his That he was what was called a sober person, was well known; but withal, that he loved a merry glass with a friend. But once in the circuit, being invited, with the rest of the counsel, to dine at Colchester with the recorder Sir John Shaw, who was well known to be one of the greatest kill-cows at drinking in the nation, he, with the rest of his brethren, by methods too well known, got very drunk. They were obliged to go on, and

* A singular apology for the very disreputable and unprofessional stratagem practised by the learned counsel. The author's excuse is founded on a correct application of that highly injurious distinction between that which is merely a malum prohibitum, and that which is malum in se. It is to be regretted that Sir William Blackstone should have recognized this dangerous and unphilosophical distinction. The practice of Sir Matthew Hale was very different from that of Mr. North. "He abhorred those too common faults of misreciting evidences, quoting precedents or books falsely, or assérting any thing confidently, by which ignorant juries or weak judges are too often wrought on." (Burnet's Life of Hale, p. 72.)

Mortified at the accident.

in that condition mounted, but some dropped and others proceeded. His lordship had a clerk, one Lucas, a very drunken fellow, but at that time not far gone. He thought it his duty to have a tender care of his master, who having had one fall (contrary to the sound advice of his experienced clerk), would needs get up again, calling him all to nought for his pains. His lordship was got upon a very sprightly nag, that trotted on very hard, and Lucas came near to persuade him not to go so fast; but that put the horse upon the run, and away he went with his master full speed, so as none could follow him. The horse when he found himself clear of pursuers, stopped his course by degrees, and went with his rider (fast asleep upon his back) into a pond to drink; and there sat his lordship upon the sally. But, before he fell, Mr. Andrew Card, now an eminent practiser of conveyancing in Gray's-Inn, and then Mr. Coleman's clerk, came up time enough to get the horse out of the pond before he fell off; else he had been lost for which service his lordship ever had a value for Mr. Card.

They took him into a public house nigh at hand, and left him to the care of his man; but so dead drunk, that he knew nothing that happened to him. He was put into a bed; and the rest of the company went on, for fear of losing their market. Next morning, when his lordship awaked, he found

he was in a strange place, and that, at a fire-side in that room, there were some women talking soft>ly (for talk they must): he sent out all his senses to spy, if he could, what the matter was. He could just perceive they talked of him. Then he called for Lucas, and bade all go out of the room but him ; and then," Lucas," said he, "where am I?" He was glad the danger (of which Lucas gave him a sensible account) was over, and got him up to go after his fellows.

I remember when his lordship told this story of Moderation in drinking. himself, he said the image he had, when his horse first trotted, and so faster and faster, was as if his head knocked against a large sheet of lead, as a ceiling over him; and, after that, he remembered nothing at all of what happened till he awoke. His lordship, of one that was not morose and uncomplaisant, was the most sober that ever marched through the world as he did. I, that was almost continually with him, never saw him in a condition they call overtaken; and the most hath been but just discoverable in his speech; for he had strength of head to bear a great deal: and when he found that infirmity coming upon him, he used to sit smiling, and say little or nothing; so harmless a thing of a petit good fellow was he and this only in company that, in some sort, constrained him; and that was very seldom. As once, when he was attorney-general, he dined with the Earl

How his

leisure time passed.

66

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 himself; Very well," said that lord. "I thought so,” answered the earl, "for I sent him instructed with at least three bottles in his belly." That was a good medicine for his modesty, and perhaps, at court, no ill preparative. But, setting aside that rhodomontade, his lordship, by a steady temperance and sobriety, held the empire of his reason, and vigour of his constitution, safe and upright, till, under the cold hand of death, both fell together, But, as for such entertainments as these, it is great pity that the tokens of barbarity should yet remain; and much more that the consequences, often fatal, should be as braves of conquests, with a people who would take it ill not to be accounted civilized, wise, and learned.

His lordship's course of life, while he was in great business, was most philosophical, till he was solicitor-general, and married; and then he kept house, and at meals scarce ever failed his family : but, before, he used the commons in the hall at dinner personally, and at night in his chamber. And when he was out of commons, the cook usually provided his meals; but at night he desired the company of some known and ingenious friends

(il Johnson)

to join in a costelet and a sallad at Chattelin's, where a bottle of wine sufficed, and the company dressed their own feast, that consisted in friendly and agreeable conversation. But in term, and while business was stirring, he kept his chamber, because (in order to next day's work) the attornies and agents came in at all hours; and then he desired the company of a friend or two, that, in the intervals of taking instructions, he might come out and solace a little with them, and return when he was summoned. And the repast among us all was only his commons and a single bottle; but what is that to the feast I mentioned, which was never wanting? When his practice was but little, and, for the most part, 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 company, he hath often taken me to walk about in the gardens with him till bed-time; for he never loved at such times to be alone; but, having any company, he could discharge his thoughts by discourse. After he was of the king's counsel he kept a coach, and, at leisure times, used to air himself in that; but with a friend to receive his discourse and give | handles for more. But while I was with him, which was first while Sir Jeoffry Palmer was but just alive, I cannot say I ever knew him to have been twice at any tavern.