that all the State could justly enjoin respecting the ceremony of marriage, was that it be simple, certain, and capable of easy proof. He forcibly dwelt upon the impolicy of making the Establishment odious to a large class of the community, and concluded by observing that the measure would be a relief almost as much to the Church as to the Dissenters.' He consented, however, that the bill should stand over till another session.

It was thought cowardly in the Chancellor not to defend more strenuously his chief against the combined efforts of the Duke of Wellington and Lord Grey. The latter, notwithstanding his generally patriotic career, was on this occasion particularly vulnerable; for, although Canning was decidedly liberal both in his foreign and domestic policy, and was supported by Brougham and many Liberals, he was bitterly attacked by the avowed leader of the Whigs, apparently from the dread of being deserted by all the rest of the party. But the Chancellor quickly perceived that, with any exertion he could make to save it, the present Government could not last long, and he did not like to incur the enmity of those who would probably have to construct a new cabinet.

Even if Canning had lived, the combination against him would probably have been too strong to be resisted. Upon his lamented death it was seen that either the Duke of Wellington or Lord Grey must soon be Prime Minister.

Lyndhurst openly laughed at the scheme of setting up Lord Goderich as the nominal head of a government. Concurring in the freak of gazetting him as First Lord of the Treasury, yet, in prospect of the inevitable change at hand, the long-headed Chancellor labored to ingratiate himself with the King and those about the Court who were likely to have influence in the formation of the new arrangements.

How he was conducting himself in the meantime as a Judge in the Court of Chancery I must reserve for a future opportunity, when I shall deliberately discuss his judicial character. For the present it is enough to say that he showed capacity for becoming one of the greatest magistrates who ever filled the marble chair, but, alas! at the same time, utter indifference about his future judicial 1 17 Hansard, N. S. 1418.

fame, doing as little business as he could without raising a loud clamor against him, shirking difficult questions which came before him in his original jurisdiction, and affirming in almost every appeal-satisfied with himself if he could steer clear of serious blunders, and escape from public animadversion.

Some of the duties of Chancellor he performed with vigor and éclat. Soon after he received the Great Seal he brought out a numerous batch of King's counsel, including all those whom Lord Eldon had long so improperly kept back; and, further, he gave dinners in the most splendid style, hightening the effect of the artistic performances of his French cook and Italian confectioner by his own wit and convivial powers. It was rumored that his band of attendants at table was sometimes swelled by sheriff's officers put into livery, there being frequent executions in his house; but I believe that for these stories, so generally circulated, there was no sufficient foundation. Notwithstanding all his gains as Attorney and Solicitor-General, he certainly was poor; for his private practice had not been very profitable, and he spent money as fast as he earned it. But I have heard him declare that he never had incurred debts which he had not the means of satisfying.

Lord Goderich (or "poor Goody," as the Chancellor called him) ere long lost his head altogether. His wisest act was the announcement of his own incapacity. Parliament was summoned for the middle of January; and he sat down to compose the King's speech, without being able to make any progress in it. No wonder, for he could not determine in his own mind with respect to any measure to be recommended, or any opinion to be expressed on any public question, domestic or foreign, which then engaged the public attention. He was particularly puzzled about the character to be given to the battle of Navarino, which his illustrious successor thought fit to call an "untoward event." But when he had got over several of these difficulties he was driven to commit suicide by a paltry difference between two of his subordinates, which upon an appeal to him, he was unable to adjust.

Late at night, on the 6th of January, he came to Lord Lyndhurst in a state of great agitation, and for some

minutes walked about the room wringing his hands, without uttering any articulate sound. At last he exclaimed, "I deem it due to you to let the Lord Chancellor know that I have made up my mind to resign immediately.” An explanation taking place, it turned out that, in reality, no new disaster had happened. The Chancellor tried to reassure him, and to advise him to meet Parliament, saying, that "after all, the session might pass off smoothly, and, at any rate, it would be more dignified to fall by an adverse vote than to tumble down with a confession of incapacity." He attempted no answer, but mopped the perspiration from his brows with his handkerchief, as he was used to do in debate when his ideas became very confused. He now merely said that his resolution was irrevocable, and that what he feared was to break the matter to the King, who must be much perplexed by being called upon to change his cabinet at few days before the meeting of Parliament. "As far as that goes," said the Chancellor, "instead of your writing a letter to his Majesty (about which there might be some awkwardness), if you do not like to face him in a private audience, I don't mind accompanying you to Windsor." This offer was joyfully accepted, and by a dexterous stroke of policy the Chancellor became master of the position which gave him the power of forming the new administration.

Next day they proceeded to Windsor together. The King had been prepared for their visit by reason of a secret communication to his private secretary, who was a fast friend of the Chancellor, and his Majesty received them very graciously and accepted the resignation. "But," said he, rather addressing himself to the Chancellor, "I ought to ask your advice about the person I ought to send for to consult about the formation of a new administration." "Sir," said the Chancellor, "I venture to mention the name which must have already presented itself to the mind of your Majesty, the Duke of Wellington." King." Let him come to me as soon as possible." Lord Lyndhurst, in relating the particulars of this conference, avers that his Majesty added, "But, remember, whoever is to be Minister, you, my lord, must remain my Chancellor." One would have thought it more probable that this appointment should have been

suggested by the Duke of Wellington, when commissioned to submit to his Majesty the list of a new administration. Nevertheless it is certain that Lord Lyndhurst's retention of the Great Seal was absolutely determined upon very early in the negotiation for the new ministry, although this was carefully concealed for a fortnight from Lord Eldon, who, during the whole of that time, was impatiently expecting a summons to resume his former office. When he read in the newspapers the list of the new ministry, with "Lord Lyndhurst, CHANCELLOR," at the head of it, he was furious. He wrote to his daughter,-" A lady, probably, has had something to do with it;" but he added, "My opinions may have had something to do with it." In truth, the Duke of Wellington, entertaining a great respect for Lord Eldon, and as yet, knowing little of Lord Lyndhurst which he much liked, was shrewd enough to perceive (although he had then formed no distinct plan of concessions either to Dissenters or to Roman Catholics) that a Cabinet could stand no longer with a sturdy and conscientious member in it, who thought that all the antiquated principles of the ultra-Toryism generated by the French Revolution must be religiously adhered to. Lyndhurst had at times made speeches in a spirit quite as intolerant, but he was known to be more open to conviction. Peel, who was to be the leader of the House of Commons, dreaded still more than the Duke of Wellington the incumbrance of Lord Eldon, of whose blind resistance to all change he had complained under Lord Liverpool. Still, Peel had more scruples than the Duke of Wellington in agreeing to Lord Lyndhurst being Chancellor, for he had enjoyed better opportunities of marking his career, and he reposed no confidence in his sincerity. It is a curious fact, that, although Lyndhurst and Peel sat together in the Cabinet so long, and, after the formation of the Duke of Wellington's Government, never had an open difference, even down to the repeal of the corn laws;-they always entertained a considerable personal dislike of each other, which they took very little pains to conceal.

The Chancellor now filled a larger space in the public eye than at any former time. He was reputed to have had the principal hand in forming the new Government, and he had high credit for his address in contriving to

hold the Great Seal under three premiers in one year. It was supposed that he might be a little embarrassed by the new view to be taken of Turkish politics, and of the battle of Navarino, which had been hailed as a glorious victory; but when the 29th of January came, he, as one of the Lords Commissioners who addressed the two Houses of Parliament in his Majesty's name, read the ollowing passage without any faltering in his voice or blush upon his check:

"Notwithstanding the valor displayed by the combined. fleet, His majesty deeply laments that this conflict should have occurred with the naval force of an ancient ally; but he still entertains a confident hope that this untoward event will not be followed by further hostilities."

The great measure of this Session was Lord John Russell's Bill for repealing the Corporation and Test Acts, to which Sir Robert Peel had assented on behalf of the Government in the House of Commons. When it came up to the Lords it was strongly opposed by Lord Eldon; but as his arguments were chiefly drawn from Lord Lyndhurst's famous anti-Catholic speech in the House of Commons, when he was Master of the Rolls, and did not now make much impression, the refutation of that speech by Lord Lyndhurst was reserved for another opportu nity.

In the committee on the bill, a discussion arose upon the declaration substituted for the sacramental test,--a declaration which, I think, ought to have been omitted altogether; for it has been of no service whatever to the Church, being superfluous if meant to be confined to obedience to existing law, and clearly not binding if meant to extend to future legislation.

Lord Eldon

having proposed an amendment of the declaration which would have confined the benefit of the bill to Protestants, the Chancellor accused him of "exercising his talents, his zeal, and his influence mischievously in thus trying to defeat the bill."

Lord Eldon.-" Strange that such a charge should be brought against me, and from such a quarter! I have served my country to the best of my abilities, and if I am engaged in anything calculated to be mischievous, I pray God that I may be forgiven. I cast back the imputation which has been sought to be thrown upon my con

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