fuffer men's minds to cool, and to enable the feceding members to lay their complaints before the king. In the moment of high paffion, it is not eafy to please either party. On this difficult occafion, the lord deputy had not the good fortune to gratify either. When commiffioners were fent by the Roman catholic faction to ftate their grievances, he was equally obliged to appear at Whitehall, for the purpose of defence or explanation. They were all patiently heard. Bacon, who, as attorney-general, was confulted about the affairs of Ireland, told king James, that it was always fafe to keep in the middle way between extremes. The complaints about elections were all declared to be groundless except thofe of two boroughs, which had been erected after the iffuing of the writs. The threats of refiftance were oppofed by denunciations of punishment. The feceders were reproached for their late outrages; but they were promifed future favour, in return for peaceable behaviour. As it often happens, nobody was gratified, yet every one was obliged to fubmit, because there appeared no remedy but civil war for whatever grievance.

"Our author, mean while, concurred with other learned men in the revival of the antiquary fociety, which haying been inflituted in 1590, but afterwards difcontinued, was now revived by fir James Ley, in 1614. To be affociated with fuch men as Cotton, Hackwell, Camden, Stow, Spelman, Whitlock, in illuftrating the progrefs of our manners and our arts, the rife of our political inftitutions, the improvement of our jurifprudence, the hiftory of our civil and military tranfactions, would do honour to a name lefs dignified than that of fir John

Davies, by extenfive knowledge, elegant literature, and estimable writings.

"Our author found leifure at length, in 1615, to publish his Reports of Cafes adjudged in the King's Courts in Ireland. These were the first reports of Irish judgments which had ever been made public, during the four hundred years that the laws of England had exifted in this kingdom. They contain fpecial cafes in peints of learning, not common, or at leaft not largely debated, in the English law books. And he protests, that they were collected principally for the ufe of the practifers in Ire land, and to invite others in this kingdom, by his example, to perform the like fervice to pofterity. As none had gone before him, few indeed have followed him, in this ufeful tract of illuftrating an im portant fcience.

"Having performed this laft fervice to Ireland, fir John retired, in 1616, from a country, which could have been no very agreeable refidence, distracted as it now was by faction, and embittered by enthu

fiafin.

Sir John now lived among men of learning and genius, with that reception which is due to one who had diftinguished himself, fays Wood, as a bold fpirit, a ready wit, and a great fcholar. And, as king's ferjeant, he continued the practice of the law, and was often affociated as one of the Judges of affize. Some of his charges on the circuit fill remain in the Museum, as additional evidence of his laudable diligence and profound knowledge.

"It probably occurred to our au thor's mind, without communica tion with his friend Bacon, who had now rifen to a superior station, from which he was foon to fall,

that

that influence in the house of commons gives influence in every other place And Davies fecured his feat for Newcastle-under-Line, by whatever means, in the parliament, which having been called in 1620, affembled on the 30th of January 162021. Seldom has there appeared in any house of commons a body of more profound lawyers, of more accomplished statemen, of more virtuous patriots, than met on that occafion. Sir John Davies Gldom fpoke, except on the affairs of Ireland, being from his office of king's ferjeant, perhaps more than from principle, a favourer of the court. When it was moved to acquaint the king with the grievances of Ireland, confidering how much blood and treasure it had cost this kingdom, fir John faid, it is exprefly in the law books fet down, that Ireland is a member of the crown of England; yet this kingdom here cannot make laws to bind that kingdom; for they have there a parliament of their

"When compared with the dedication of Nofce Teipfum to Elizabeth, this may, without much injuftice, be confidered as a forry fonnet, without the vigour, the fancy, or copioufnefs of Davies. What has been obferved of Dryden's poems to Cromwell, a man of deeds, and to Charles 11. a fovereign of fufferings, may be remarked of the dedications to Elizabeth and prince Charles. The Queen had done much; the Prince of Wales had only danced. The lovers of poetry have lamented, that fo ingenious a poem as the Orchestra fhould have been left unfinished; or at leaft, that the defective part fhould be loft. The copy printed by the author must have, doubtless, been perfect. And it is only to be regretted, that the fubfequent editors did not print from the first edition, which may ftill be found, by diligent enquiry, though it is not in the Mufeum.

"Our author, probably, wrote. no more for the public. He employed the fhort remainder of an ufeful life, in difcharging the duties of his profeffion, and in performing the offices of friendfhip. While his fovereign was preparing to raise him to higher honours. he died of an apoplexy, in the night of the 7th of December 16.6, in the fifty-feventh year of his age. He had previoufly fupped with the lord keeper Coventry, who gave him affurances of being chief juftice of England, in the room of Sir Randolph Crew; but he lived not to enjoy, for a day, the eminent ftation, which he had amply ened by his learning, his fervices, and his honourable conduct. He was buried in St Martin's church in the Fields. Here a monument was erected, in order to inform pofterity, that he had been a man of

fine abilities, and a moft excellent writer, both in profe and verse; that he had always tempered the feverity of the lawyer with the politeness of the gentleman; that he had been a faithful advocate, an impartial judge, and a true ChriftiHis monument is forgotten;

an.

but his works remain. Of ingenious men, who dedicate their labours to the inftruction of their country, it ought to be the incentive, and the confolation, that their publications are perufed long after other monuments are fallen.

"DAN

ANIEL FOE, or De Foe, as he is faid, by his enemies to have called himself, that he might not be thought an Englithman, was born in London, about the year 1663. His family were probably diffenters, among whom he received no unlettered education; at leaft it is plain from his various writings, that he was a zealous defender of their principles, and a ftrenuous fupporter of their politics, before the liberality of our rulers in church and flate had freed this conduct from danger. He merits the praife due to fincerity in his manner of thinking, as well as to uniformity in his habits of acting, whatever obloquy may have been cast on his name, by attributing writings to him, which he was fludious to difavow.

"Wherever our author was edu cated, he wrote, when he was not yet twenty, a pamphlet in 1683, against a very prevail ng fentiment in favour of the Turks, but in oppofition, to the houfe of Auftria: and before he was three and twenty he appeared in arms for the Duke of Monmouth. Of this exploit he boafts in his latter years, when it was no longer dangerous to avow

his participation in this imprudent enterprife, with greater men of fi milar principles.

"Having escaped from the dangers of battle, and from the fangs of Jefferies, he found fecurity in the more gainful pursuits of peace. Yet he was prompted by his zeal to mingle in the controverfies of the reign of James II. whom he boldly oppofed, by warning the diffenters of the fecret danger of the infidious toleration, which was offered by that monarch's bigotry.

"When our author republished his writings, he did not think proper to preferve his tract against the Turks any more than his pamphlet against the king.

"From 1685 to 1695, he acted as a hofe factor in Freeman's yard, Cornhill: but the hoher and the poet are very irreconcileable characters. With the ufual imprudence of fuperior genius, he was carried by his vivacity into companies, who were gratified by his wit. He spent those hours in the hilari ty of the tavern, which he ought to have employed in the calculations of the counting-house: and being obliged to abfcond from his creditors, in 1694, he attributed

thofe

thofe misfortunes to the war, which were doubtlefs owing to his own mifconduct. He afterwards carried ⚫ on the brick and pantile works near Tilbury fort; though probably with no fuccefs. He was in aftertimes wittily reproached, that he did not, Like the Egyptians, require bricks without ftraw, but like the Jews, required bricks without paying his labourers. He was born for other enterprizes, which, if they did not gain him wealth, have conferred a renown, that will defcend the current of time with the language wherein his works are written.

While he was yet under thirty, and had mortified no great man by his fatire, or offended any party by his pamphlets, he had acquired friends by his powers of pleafing, who did not, with the ufual inftability of friendships, defert him amidft his diftreffes. They offered to fettle him as a factor at Cadiz, where he had had fome previous correfpondence. In this fituation he might have procured bufinefs by his attention, and accumulated wealth without a rifque: but, as he affures us in his old age, Providence, which had other work for him to do, placed a fecret averfion in his mind to quitting England. He had confidence enough in his own talents to think, that on this field he could gather laurels, or at leaft gain a livelihood.

"In a projecting age, as our author denominates the reign of king William, he was himfelf a projector. While he was yet young, De Foe was prompted by a vigorous mind to think of many schemes, and to offer what was most pleafing to the ruling powers, ways and means for carrying on the war. He wrote, as he fays, many fheets about the coin; he propofed a register for feamen, long before the act of parlia

ment was thought of; he project. ed county banks, and factors for goods; he mentioned a propofal for a commiffion of inquiries into bankrupts eftates; he contrived a penfion office for the relief of the poor. It is always curious to thought in order to fee where it firft originated, and how it was afterwards expanded. Projectors, fays our author, are to be generally taken with an allowance of one half at leaft. However his propofals were taken, certain it is, that when he ceafed to be a hotier, he was, without folicitation, appointed accountant to the commiffioners for managing the duties on glass.

"It is an obfervation of experience, how impoffible it is to propose a tax that has not been offered before. In the prefent moment, one of the ways and means of De Foe is furely remarkable :-" Land and trade," fays he, "have been handled roughly enough. The retailers are the men who feem to call on us to be taxed; if not by their own extraordinary good circumftances, though that might bear it, yet, by the contrary in all other degrees in the kingdom. Befides, the retailers are the men who could pay it with leaft damage; because it is in their power to levy it again upon their customers in the prices of their goods; and is no more than paying a higher rent for their fhops." Thus, as a place man, thought our author. It was referved for the iron age of finance to fee his propofal adopted, after various attempts and rejections, by a neceffity, which, when real, juťtifies the measure that cannot be avoided.

"From projects of ways and means, De Foe's ardour foon carried him into the thorny ways of fatiric poetry; and his mufe produc

ed