Why the case of Bernardis out. had them. But yet I shall show some instances that fell within my own observation, which were of an extraordinary nature, and showed his lordship's singular application and success in causes that rested wholly upon his advice and conduct. And here I might properly insert the great Soams and cause between Soams and Bernardiston, which ton is left was recovered from a desperate malign influence of the times, purely by the strength of his reason and debate, against a torrent of authority. But since it is particularly related in the Examen, and a clear account of the several steps it took in Westminster Hall, and how it was finally adjudged in Serjeant's Inn Hall, by his lordship, when he was chief justice of the Common Pleas, may be seen there, I shall say nothing of it here, but refer the reader to it. It will also be found declared in that book, in what manner his lordship was prosecuted in the House of Commons upon account of this judgment of his; and therefore I shall not make any repetition of it here, but only observe one or two things upon the whole of the prosecution. And, first, that the lords, at a * A very minute account of the circumstances attending this case may be found in the Examen, (p. 516.) It is also reported, in its various stages, in 2 Levinz, 114; Pollexfen, 470; 1 Freeman, 380, 390, 430; 3 Keble, 365, &c.; 6 Howell's State Trials, 1063. A manuscript report of Sir F. North's argument may be found amongst the Hargrave MSS. in the British Museum, No. 339. jocular motion of the Lord Wharton, made holiday of this day of the motion in the House of Commons, which shows that the party, in both houses, were set for the purpose. For if the lords had sat in the morning, the design, to be executed at one o'clock, might have taken wind. 2. That although this stir was made, on his lordship's account, for malice and revenge, or rather, ambition of his place, yet his name was not touched, by any mention, from the beginning to the end. The reason of which was, because his interest and friendships among the best quality were great, and also his character for justice so well known, that, upon a declared personal attack, a fiercer opposition had been made. 3. That a person of a sound and valuable reputation, and esteemed useful to the public, shall have friends unknown appear, in time of need, to assist, and see justice done him. 4. That the sincerity of any business may be known by the means used to accomplish it; for, if either be false and perfidious, the other will be so also; and they counter refer to each other. If a business be bad, honest means will never be used to come at it; and, if tricks and falseness appear in the approaches, the end is the same. 5. That shifts and subterfuges, and clancular compositions, are of the worst consequence to a just magistrate, who is upon his defence; for being discovered, they lose a real confirmed of Lords. interest, and, of friends, create enemies, which in those times appeared in divers instances. After his I shall not be just to his lordship's memory, if lordship's death, his I do not subjoin the rest of this prosecution, judgement which, after his death, was resumed, and with in the House what design it was carried on. Upon the Revolution, divers persons, who had suffered for their crimes in the foregoing reigns, thought that an opportunity was fallen in their way to be revenged, and reimbursed their fines, and what else their malice or avarice suggested, not by any slow process of justice, but, by act of parliament, all at once. And how far this design extended, what proffers were made, and how they came off, was a work of another undertaking, (see the Examen); and here I must deal with what concerned only his lordship, whereof this revived case was one. The sheriff Soams had been long dead, and his family so low that nothing was expected to be got from thence; yet Sir Samuel Bernardiston brought a writ of error of this Exchequer chamber judgement into the House of Lords; and there the knight lawed by himself, for no person opposed him, and, upon hearing, the lords, assisted by the judges, confirmed the reversal, which was beside all expectation. Pending this writ of error, his lordship's friends, whom he had intrusted with the affairs of his family, had certain intelligence that the design was (if this reversal had been reversed) to have sued to the parliament for an act to pass, for charging the reimbursement of the damages, recovered by Sir Samuel Bernardiston, upon the estate of the Lord Chief Justice North, upon a surmise that his judgement was reversed by reason of his lordship's undue solicitation. And if the lords had set aside the reversal as illegal, who would doubt of the rest? At least a vote would put it out of doubt. It was a most incredible surmise that his lordship, who was known to be a strict observer of the rules and decorum of a judge, and never would bear with any undue solicitation to himself in matters depending, should so criminally, as they would have presumed, solicit other judges in that manner. But corrupt interest and faction will presume, and having power, perpetrate any thing, though never so false, to serve the turn. ed, and a While this dernier writ of error hung in the His lordship's arguHouse of Lords undetermined, his lordship's said ment printfriends were solicitous how to behave themselves. scandal For, after they knew that the shot was made at suppressed. them, it was not advisable to make any appearance, or pretence to defend; for that would have had an evil construction. And they durst not so much as speak to any of the judges, or lords, for the like reason: and negative errors being best, not knowing what to do, they did nothing at all. At length one of them leaned against the stall of Fox the bookseller, not a little pensive; and Fox leaned over, and "Sir," said he, "there is much discourse of a case between Soams and Bernardiston, judged by the Lord Keeper North. I have a copy of his lordship's argument, and, with your leave, I will print it; and, perhaps, it may do some service." The hint instantly took place; and, leave being given, it was printed and published, very fair and well; and, coming among the lords, it discharged the prejudices the cause lay under, and prepared them to admit the reasons the judges gave in the House, and also to create some favour to the oppressed: and so ended this long tale. But, by way of remark, to show how faction will get the better of common sense and truth, even in men great pretenders to both, I must add that Pollexfen, an arguer for Sir Samuel Bernardiston, since the Revolution, published (or fitted for the press) a book of reports, as they are called, consisting, chiefly, of his factious arguments; and particularly in this case: but most brazenly and untruly, in his preface, tells "how he had carried the cause, if the Lord Chief Justice North had not solicited the judges to give a contrary judgement;" or to that effect. This book and preface was shown to the then Lord Chief Justice Holt, who did a singular piece of justice to his lordship's memory and honour; for he sent for the bookseller to answer it before |