488 Sketch from the Irish Bench. [ Nov. 
upon those who were then at the head of affairs, of a Machiavelian 
pursuit of their ends through the most atrocious means. Great names 
likewise might ‘be ‘cited’ in confirmation of such an imputation ; but it 
is enough for our purpose to know that, whether intentional or no, 
the means’ employed ‘to’suppréss and to intimidate, were calculated to 
exasperate and drive to despair. In public functionaries, incapacity is 
as bad'as criminal intention; and the “rigour beyond the law” to which 
we allude’ requires not any insinuation to aggravate its inherent ma- 
lignity. 
Of the part which Mr. Toler took on this occasion we shall only 
observe, that he was a loyal man, and Joved not a papist. An attorney- 
general is bound ex virtute offictt to go hard for a conviction; and if 
when on the bench he has sometimes, under the notion of doing “a 
great right, done a little wrong,” we must remember that when a man 
is born to be hanged there is no escaping a hempen destiny, and con- 
clude that “ the stars were more in fault than” the judge. Besides, if 
such things ever did take place, there was so much facetiousness in the 
act of severity, as shewed that Mr. Toler was quite insensible to the 
excess ; for he passed sentence with a fun and good-humour which not 
even the convict himself could resist, if he possessed a soul not abso- 
lutely closed against all sense of drollery. 
The rebellion being at length extinguished, the Union (its corollary) 
ensued; and vacancies having been made on the bench, that the ministry 
might reward its friends, Mr. Toler was promoted to the chief-justice- 
ship of the Common Pleas. Elevated at the same time to the 
peerage, he took his seat under the appellation of Lord Norbury,—a 
name which will long survive in the memory of attornies, and live in 
the traditions of the bar; a name which, if merit hath aught to do 
with reward, will figure for centuries to come beside those of the 
Selwyns, the Jekils, the Quins, and the other “ certain arch wags” which 
illustrate the pages of the Encyclopedia of Wit and the Jester’s Pocket 
Companion. 
Since the memorable epoch which raised his Lordship to the highest 
judicial honours, a gradual amendment of the times has given him less 
frequent occasion for putting his zeal for ascendancy, or his gratitude for 
past favours, to the test. With a few rare exceptions, he has abandoned 
the tragic walk, and has chiefly exhibited himself in that broad line of 
comedy which affords so piquant a contrast with the dignity of the stage 
on which he acts.. In his conduct and manner on the judgment seat, 
Lord Norbury is not only influenced by his habitual cheerfulness and 
courteous disposition, but also perhaps by something like an indifference to 
public opinion. His court is remarkable for any thing but the decorum 
with which its business is carried on. His propensity ‘to joke, in season 
and out of season, operates as a general license to all; and whether it 
be a civil question or a point of life and death in discussion, repeated 
shouts of laughter re-echo through the halls, as puns, quibbles, and 
quotations are bandied about from the bench to the bar, from’ the bat 
to the bench and from both to the jury and the witnesses ; till mirth 
arises to uproar, and fun degenerates into downright insubordination. 
Of this his Lordship himself bore testimony. On pressing a reluétant 
witness one day to get at his profession, and being at length told that he 
kept a racket court: “ And a very good trade, too,” replied’the judge ; 
—* so do I, so do I.” 
