12 OCTOBER 1844, Page 16

MR. TOWNSEND'S MEMOIRS OF THE HOUSE OF COMMONS.

THE second volume of Mr. TOWNSEND'S work alludes to the de- struction by fire of the old House of Commons : but his method of treatment renders it difficult to say whether he has finished his book, as he proceeds by subjects rather than by chronological nar- rative. The earlier part of the volume completes the biographical notices of the eminent lawyers who sat in Parliament in the times following the Revolution,—HARCOURT, Cowrmt, KING, and JEKYLL, besides men of lesser note. Several chapters treat of the privileges of the House ; briefly tracing their early history, and dwelling pretty largely upon some of the vagaries of the Commons, especially du- ring the last century. A very useful section upon impeachments follows next, giving an account of that class of prosecutions from the Restoration to Lord 35E1.1/mix's trial. The internal economy of the House as regards numbers, attendance of Members, hours of sitting, and so forth, is exhibited in an ensuing chapter. The checks upon talk, attempted at various times by statute, as regards age of Mem- bers, or by regulation and custom, are then touched upon ; and the volume closes with a review of the manners of the House in former times, and a precis of the history of reporting.

The present volume of the Memoirs of the House of Commons is, like its predecessor, rather a selection of anecdotical and gossip- ing matter than a regular narrative of any kind. Even in this light the book is somewhat deficient in plan. Either the author has not mastered the whole of any of his subjects, or he has not thought it necessary to present that completeness to the reader. Hence there is often something of an insufficient character in his accounts, or his conclusions do not seem borne out by his facts. Lord Chan- cellor HARCOURT was an impudent law} er and unprincipled poli- tician; but Mr. TOWNSEND'S narrative does not support his cen- sure, nos is it very continuously carried on. The impeachments of DANDY give rise to a fair but rather favourable view of that poli- tician ' • those of SACHEVERELL, and of Lord Chancellor MACCLES- nELDfor corruption, are useful additions to general knowledge, besides some singular points characteristic of the age; but, except the Earl of WINTOUN, for his connexion with the Jacobite Rebel- lion of 1715, the rest are jejune and allusive. The reader will scarcely learn from Mr. TOWNSEND what WARREN HASTINGS was impeached for ; still less will he have any notion of the particular offences charged against him, or to what extent he was really inno- cent or guilty. This defect is injurious to the work as a full exposition of Par- liamentary story, or as a general view of any particular branch of it ; but is favourable to its readableness. In everything which is formed complete, some parts are of necessity more useful than attractive. Epic poetry has its muster-rolls, the drama its stage-directions, and many informing parts of history rather severely task the attention they reward. The anecdotical method

of treatment avoids this dryness; and perhaps there is something in the anecdotical frame of mind which contributes to form an at- tractive book. The gossip rejects by instinct, rather than by judg- ment, that species of matter which requires close attention, and selects those things which admit of an easy flowing narrative, amusing the mind without straining it. The gossip's eloquence is of a similar nature—well-sounding, but not closely connected ; so that, subjected to a logical analysis, the conclusion would scarcely be supported. The remark, however, applies to rhetoric in general.

The most useful part of this book, and not one of the least in- teresting, is the trial of MACCLESFIELD—it is so strange in our days to have pecuniary corruption brought home to a judge ; although it was not a trafficking for unjust judgments. Neither is the mode in which the business was conducted much less strange. Here is the evidence of one of the Masters in Chancery touching the way in which he bought his place.

"The first informer is Mr. Thomas Bennet, appointed in June 1723—' I applied to Mr. Cottingham, and desired that he would acquaint my Lord Chan- cellor I had agreed with Mr. Horrocks to succeed him in his office; and desired him to let roe know my Lord Chancellor's thoughts, whether he approved of me succeeding Mr. Horrocks. Soon after that, I believe the next day or the day after, he met me, and told me he had acquainted my Lord with the message I sent : he said, my Lord expressed himself with a great deal of respect for my father, Mr. Serjeant Bennet, and that he was glad of this opportunity to do me a favour and kindness, and that he had no objection in the world to me.' That was the answer Mr. Cottingham returned : he then mentioned that there was a present expected, and he did not doubt but I knew that. 1 answered, I bad heard there was, and I was willing to do what was usual. I desired to know what would be expected. He said he would name no sum; and he had less reason to name a sum to me, because I had a brother a Master, and I was well ac- quainted with Mr. Godfrey, who had recommended me, and I might apply to them, and they would tell me what was proper for me to offer. I told him I would consult them. Accordingly, I did ; and I returned to Mr. Cottingham, and told him I had talked to them about it ; and their opinion was a thousand pounds (but I believe I said I 'tvould not stand for guineas) was sufficient for me to offer. Upon this Mr. Cottingham shook his head, and said, that won't do, Mr. Bennet, you must be better advised.' Why,' said I, won't that do 1'

It is a noble present.' Says he, great deal more has been given.' Says I, ' I am sure my brother did not give so much, nor Mr. Godfrey ; and those persons you advised me to consult with told me it was sufficient; and I desire you to acquaint my Lord with the proposal.' Says he, ' I don't care to go with that proposal; you may find somebody else to go.' Says I, I don't know whom to apply to.' Says he further, sure, Mr. Bennet, you won't go to lower the price,' (these were hie very words ; at least 1 am sure that was the meaning of them,) I can assure you Mr. Kynaston gave 1,500 guineas.' I said that was three or four years ago, and since that time there have been several occasions of lowering the prices: the fall of stock bath lowered the value of money ; and I think 1 mentioned Dormer's deficiency, and I did not know what the con- sequence of that might be; and therefore thought, at this time of day, when stock and everything had fallen, 1000 guineas was more now than 1,5001., when Mr. Kyuaston gave it. He still insisted he did not care to go with that message. Says 1, only acquaint my Lord with it, and if he insists upon more I will consider of it.' Says he, there is no haggling with my Lord : if you refuse it, I don't know the consequence ; be may re- sent it so far as not to admit you at all, and you may lose the office.' Then I began to consider, and was loath to lose the office, and told him I would give 1,5001.. He said Mr. Kynaston had given guineas. Then I asked whether it must be in gold. He said, in ' what you will, so it be guineas.' In a day or two after, he came and told me that my Lord was pleased to accept of me ; and he should admit me as soon as opportunity served, and he would give me notice. Accordingly, on the lot of June he sent and desired me to come immediately, and to come alone, and to bring nobody with me, for my Lord would swear me in that morning. Accordingly, I went ; and the first question Mr. Cottingham asked was, if I had brought the money ? ' I told him, to be sure, I should not come without it.' He asked me what it was in. I told him in bank-bills, one of 1,0001. and the other 575/. He took them up and carried them to my Lord. He returned back, and told me my Lord was ready to admit me. I was carried up stairs, and sworn in his bedchamber.' " The same worthy gentleman admits, in another part of his evidence, that when appointed, he was a younger brother, with an income of 250/. a year, or thereabouts ; and that he had not bought the place had it not been for the cash of the suitors."

The following is stranger still ; for in it we see the Chancellor transacting business in his own person.

" The next witness was another Master, Mr. Elde, expelled the House of Commons; who gives a no less graphic account of the bartering upon his ad- mission. Hearing of the vacancy of one of the offices, he waited upon the Chancellor to solicit the appointment.

" The Chancellor said he had no manner of objection to me: he had known me a considerable time, and he believed I should make a good officer. He de- sired me to consider of it, and come to him again; and I did so. I went back from his Lordship, and came again in a day or two, and told him I had con- sidered of it ; and desired to know if his Lordship would admit me, and I would make him a present of 4,000/. or 5,0001.; I cannot say which of the two I said, but I believe it Was 5,0001. My Lord said, thee and I, or you and I (my Lord was pleased to treat me as a friend) must not make bargains. He said, if I was desirous of having the office, he would treat with me in a different manner than he would with any man living. I made no further application at all, but spoke to Mr. Cottingham, meeting him in Westminster Hall, and told him I had been at my Lord's, and my Lord was pleased to speak very kindly to me ; and I had proposed to give him 5,0001. Mr. Cottingham answered, guineas are handsomer [be had, it is plain, a true professional distaste for pounds]. I immediately went to my Lord's ; I was willing to get into the office as soon as 1 could ; I did carry with me 5,000 guineas in gold and bank- notes. I had the money in my chambers, but could not tell how to carry it— it was a great burdcu and weight : but recollecting I had a basket in my cham- ber, 1 put the guineas into the basket, and the notes with them ; I went in a chair, and took the basket with me in my chair. When I came to my Lord's house, 1 saw Mr. Cottingham there ; and I gave him the basket, and desired him to carry it up to my Lord. I saw him go up stairs with the basket ; and when he came down, he intimated to me that he had delivered it. (Cotting- ham subsequently states that he carried it up to Lord Macclesfield, and left it covered up in his study, without saying a word.) When I was admitted, my Lord invited me to dinner, and some of my friends with me ; and he was pleased to treat me and some Members of the House of Commons in a very handsome manner. 1 was, after dinner, sworn in before them. Some months afterwards, I spoke to my Lord's gentleman, and desired him, if he saw such a basket, that he would give it me back; and some time after he did so.

" Question. Was there any money in it ?

"Answer. No, there was not."

The following sketch of the career of a once notorious person exhibits some curious traits, as well as the want of coherence

in Mr. TOWNSEND that we have already spoken of. The reader

learns that Mr. ASGILL escapes the bailiff's who were lurking for him at St. Stephen's, but his subsequent custody is without ex-

planation. Neither is the pecuniary story very clear. It is easy to comprehend why Mr. Aseir.r. should be arrested, since he felt himself religiously bound to fulfil the testator's injunctions touch- ing debts : but how a man with 3,0001. a year should be reduced to "eke out a scanty subsistence," is not so intelligible.

" The circumstances attending the expulsion of Mr. Asgill, in 1707, prove that the author was amerced for the vices of the man ; and that his wicked book

might have gone unquestioned, had not his public deportment occasioned

scandal. He was a lawyer of such sharp practice and unenviable notoriety, that the House might be somewhat excused in making violent efforts to rid them- selves of his infectious companionship. Patronized in early life by Dr. Bare-

bones, a famous cheat and projector, who built the new square of Lincoln's Inn, he was nominated by the Doctor's will his executor and residuary

legatee, upon express condition that he would pay none of his debts. The much 'esteemed executor, worthy of his trust, summoned the creditors together in Lincoln's Inn Hall, and there, with commendable gravity, read aloud to them

the will, concluding, You have heard, gentlemen, the deceased's testament : I

will religiously fulfil the wishes of the dead.' It might have been doubted whether his power was equal to his honest inclination, in those days of im- prisonment for debt and easy arrest, when not even the sacred person of a Russian Ambassador could escape the clutch of the Sheriffs-officer. But Asgill knew that he could insult the creditors with impunity. Dr. Barebones bad secured to himself the snug borough of Bramber, by purchasing the whole street ; and, as Asgill became owner of the town on his death, he had canvassed with success the votes of the electors. The House of Commons was a sanctuary

which not even the boldest bearer of a writ could penetrate. Mr. Asgill sat and voted quietly for several sessions. When the Commissioners repaired to Ireland, in 1699, to resume the grants of forfeited estates, he went over to practise as a conveyancer, and, probably with a view to attract notice, published a Treati e on the Possibility of Avoiding Death.

" From Ireland, immersed in lawsuits, the eccentric lawyer drained an ample revenue. Having bought a life-estate of 3,0001. a year for a small con- sideration, he gained a seat in the Irish House of Commons ; but was expelled,

at the end of four days, for his book. ' If his work were from above,' he said, it would kindle like a firebrand, and set the whole world in arms against death. If men and women will read the study of a seven-years' recluse, they

will find it not the most unpleasant hour that ever they spent in their lives, For this I know, that nothing is more pleasant to us than news, and what I have said was never said by man before.' This of course was the true reason for his saying it. Ejected in 1703 from the Irish Parliament, he returned to England, and sat tor Bramber without objection. In an interval of Parlia- liament in 1707, being taken in execution at the suit of a creditor, he was com- mitted to the Fleet. When the House met he petitioned for his discharge, and was delivered by the Sergeant with his mace. But, between his apprehen- sion and discharge, complaint had been made of his book ; and, after a vigorous defence, the daring author was expelled, just lucky enough to escape by strata- gem from the officers who lay in wait for him at the door.

" Within the walls of one or other London prisons he lingered thirty years, and published a number of political pamphlets, in such idiomatic English, that

Coleridge, no mean critic, has pronounced him and Defoe to be the two best writers in our language. He also contrived to eke out a scanty subsistence by drawing bills and answers in Chancery. He affected eccentricity; and from

habit became what he affected, singular alike in person, speech, and dress. Death at last relieved this misguided literary Member from the long penalties of want of principle, in 1738, at the advanced age of eighty. Being taunted by a friend, shortly before he died, with the question whether he still thought he should be translated, he replied, with a smile, He believed he should not, as be found his faith begin to stagger.' The impostor to others had never been a dupe to himself."