of Stone. never had heard of Murray * or told, for there went below the bar Stone being named: he is atked, with him the earl Harcourt, Jord and answers only with relation to Townshend, the bishop of WorJohnson, never mentioning either chefter, and lord Talbot only. The of the others; but the love of his bithop of Norwich and lord Harcountry, his king, and posterity court both spoke, not to much purburned so strongly in Raveníworth's pole; but neither of them in the bolom, that he could have no rest least supported the duke's question. till be had discovered this enormity. Upon the whole, lord Melcombe Accordingly, when he came to concludes, “ It was the worst town, he acquainted the ministry judged, the worst executed, and 11393 and almoft all his great friends with the worst fupported point that I it, and infifted upon the removal ever saw of so much expectation." The ministry would On the advancement of fir Dudla bave flighted it as it deserved, but Jey Rider to the chief justicellsip of he perfitted and had told so many the King's Bench in 1754, Mr. Murles unit of it, they could not help laying it ray fucceeded him as attorney-ge before the king, who, though he neral; and on his death, November hintelf lighted it, was advised to 1750, again became his succeilor as le conto examine it, which examination chief justice. produced this most injudicious pro On leaving Lincoln's-inn, the late ceeding in parliament t." Mr. Yorke, who was a member of been proie This is lord Melcombe's account; the society, paid him a compliment n, be and the same author informs us, of regret, in a speech; to which e dres that Mr. Murray, when he heard lord Mansfield returned the fol. Bites of the committee being appointed lowing answer, which was taken Eid ale to examine this idle attair, fent a down in short-hand by the late ces meilage to the king, humbly to ac counsellor Munckley: pasce, I quaint bim, that if he Thould be “ I am too sensible, fir, of my ber. called before such a tribunal on so undeserving the praises which you epite scandalous and injurious an account, have so elegantly bestowed on me, There he would retign his office, and re to suffer commendations to delicate se fuse to antwer. It came, however, as yours, to infinuate themselves et pas before the house of lords, 22d of into my mind; but I have pleasure the January, 1753, on the motion of in that kind partiality which is the ue the duke of Bedford. The debate occalion of them; to deferve such was long and heavy, says lord Mel. praile is a worthy object of ambiberation combe, the duke of Bedford's per- bition ; and from such a tongue *, I formance moderate enough; he fattery itself is pleasing. parce divided the house, but it was not If I have had in any measure * This transaction, however, appears to have been no secret some years before, being alluded to in the following lines of a poem called, “ The Pro. si cedionade," published in 1746. This new-tangled Scot who was brought up at home He had formerly drank to ihe king before George. success fuccess in my profession, it is owing I say must carry the weight of think myself honoured by every The difiiples of Socrates, whom mark of their esteem, affection, and close I will take the liberty to call the friendship, and shall defire the con, great lawyer of antiquity, since the tinuance of it no longer than while first principles of all law are de. I remain zealous for the constituired rived from his philosophy, owe tion of this country, and a friend their reputation to their having to the interests of virtue." been the reporters of the sayings Lord Mansfield was sworn chief like! of their malier : if we can arrogate justice of the King's Bench on the of Fothing to ourselves, we may boast 8th of November, 1756, and took tipte the school we were brought up in; his feat on the bench on the 13th me ibe scholar may glory in his mas of the fame month. He called ter, and we may challenge past ferjeant, and sworn chief justice as #ges to thew us his equal. before the lord chancellor Hard-2 My lord Bacon had the same ex- wicke, at his house in Great Ortent of thought, and the same mond-street, in the prefence of the (72 firength of language and expression; three judges, and most of the offi.oia but his life had a liain. cers of the court of King's Beach. My lord Clarendon had the same. The motto on his rings was “Ser- jed abilities and the same zeal for the vate domum." conftitution of his country; but the Imniediately afterwards the great fqir Ch civil war prevented his laying deep seal was put to a patent, which the foundations of law; and the had before passed all the proper festen avocations of politics interrupted the offices, creating him baron of Mans.com bufiness of the chancellor. field, to him, and the heirs male My lord Soniers came the nearest of his body. to his character; but his time was As soon as lord Mansfield was in short, and eavy and facilion fullied eflablished in the King's Bench be boste o the Instre of his glory. began to make improvements in at a ti It is the peculiar felicity of the the practice of that court. On the the great man I ana fpeaking of, to 12th of November, four days after the bave prefided very near twenty he had taken his feat, he made a years, and to have none with a very neceilary regulation, observ-kabid fplendour that has role superior to ing, " Where we have no doubt, bed, faction, and that has subdued envy. we ought not to put the parties to I did not intend to bave faid, I the delay and expence of a further pould not have said so much upon argument; nor leave other persons , studio This occafion, but that in this situa- who may be interested in the da. ition with all that bear me, what termination of a point fo general , ON unneces TIC ៗ manecessarily under the anxiety of cular, as not to be likely to form fuspense*." a precedent for any other case. And The anxiety of suspense, from yet, notwithstanding this immensity this period, was no longer to be of business, it is notorious, that in complained of in the court of King's consequence of method, and a few Bench. The regularity, punctuality, rules which have been laid down to and dispatch of the new chief juf- prevent delay (even where the partice, afforded such general fatis- ties themselves would willingly confa&tion, that they, in process of sent to it), nothing now hangs in time, drew into that court most of court. Upon the last day of the very the causes which could be brought last term, if we exclude such motions there for determination. of the term as by desire of the Sir James Burrows says “, “I am parties went over of course as peinformed, that at the Gttings for remptories, there was not a single London and Middlesex only, there matter of any kind that remained are not so few as eight hundred undetermined, excepting one case causes set down a year; and all relating to the proprietary lordihip difpofed of. And though many of of Maryland, which was professedly them, especially in London, are of postponed on account of the preIt considerable value, there are not fent situation of America. but more, upon an average, than be One might speak to the same tween twenty and thirty ever heard effect concerning the last day of of afterwards in the thape of spe- any former term for some years cial verdi&ts, special cafes, motions backward." the price for new trials, or in arrest of judg. The same author also informs us, ment. Of a bill of exceptions there after reporting the famous case of Ito be has been no instance. (I do not Perrin and Blakes, that it was 15 mg include judgments upon criminal remarkable, that excepting that prosecutions; they are neceffary case, and another in the fame vo consequences of the convictions.) My Jume on literary property, there pe reports gives but a very faint idea had not been, from the oth of No. of the extent of the whole business vember, 1756, to the time of his bin kent which comes before the court: I then present publication, 26th of mi bere only report what I think may be of May, 1776, a final difference of use as a determination or illuftra- opinion in the court in any case, or tion of some matter of law. I take upon any point whatsoever. “It e no notice of the numerous questions is remarkable too,” he adds, “ that, or of fact which are heard upon affi- excepting these two cases, no judg davits (the most tedious and irksome ment given during the same period bet , lai part of the whole business). I take has been reversed, either in the no notice of a variety of contesta- Eschequer Chamber, or in Parliations, which, after having been fully ment: and even these reversals discussed, are decided without diffi- were with great diversity of opinion culty or doubt. I take no notice among the judges." 264 of many cases which turn upon a In the next year the ill success construction so peculiar and parti. of the war then begun occasioned * 1 Burrows' Reports, p. 5. + 4 Burrows' Reports, p. 2583. Ibid. p. 2582. a change *" that while every a change in the administration, and tiousness which then prevailed. tin , the admini. of both fides, lord Mansfield was ftration of public justice in England induced to accept the post of chan runs as pure as where nearest to its cellor of the exchequer on the gth celestial source; purer than Plato of April, 1757, which he held un. dared venture to conceive it, even til the 2d of July in the same year. in his feigned republic." During this interval he employed He proceeds, “Now whether we himself with great success to bring are not to call this the interposing about a coalition, wliich being hand of Providence; for I am fare effected, produced a series of events all history doth not afford another which raised the glory of Great instance of so much purity and I Britain to the highest point at integrity in one part, co-existing which it has ever been seen. In with so much decay and so many the same year he was offered, infirmities in the rest; or whether but refused, the office of lord high profounder politicians may not chancellor; and in November 1758, be able to discover some hidden he was elected a governor of the force, some peculiar virtue in the Bird beil Charter-house, in the room of the effential parts, or in the wellduke of Marlborough, then lately adapted frame of our excellent decealed. contiitution; in either case, this On For several years after this period fingular and thining phænomenon al cu the tenor of lord Mansteld's life bath afforded a cheerful consolation was marked only with a most se to thinking men amidst all this dulous discharge of the duties of dark aspect from our disorders and findet his office. In 1700 George Il distreiles." died, and the new reign com. A change in the adminiftration menced with alterations in the took place in 1765, which intro. administration, which gave rise to duced the marquis of Rockinghantare a virulent fpirit of oppofition, con- and his friends to govern the coun duced with a degree of violence' try, and the measures then adopted and asperity never known at any not agreeing with lord Mansfield's former time. As a friend to the sentiments, he for the first time then administration, lord Mansfield became an opponent of government. was marked out for a more than On the bill for repealing the stamp ordinary share of malicious invec- act he fpoke, and divided against tive. it, and is suppoted to have bad In 1765 the bishop of Gloucester forne thare in the compofitiou of the (Warburton) republished his Din protests on that occasion, though vine Legation of Moses, wbich he he did not fign them. In the fame dedicated to lord Mansfield in an year he is said to have animadverted address, wherein, with great ability, with no small degree of severity on he pointed out ilie rise and progress the incautions exprefion of lord vi the spirit of irreligion and licen. Canden on the aftair of prohibit ing of corn, that it was but a forty dom by commotions and general days tyranny at the outside, confution. In 1767 the diflenters cause was Give me leave to take the op. determined, in which lord Mans- portunity of this great and refield delivered a speech which has ipecable audience to let the whole fince been printed, and the events world know all such attempts are of the succeeding year were the vain Unless we have been able causes of the public prints being to find an error which will bear us deluged with torrents of abuse on out to reverie the outlawry, it mult the chief justice. In that year be attirmed. The constitution does was the general election, Mr. not allow reasons of state to inWilkes, returned from abroad, be. Auence our judgments: God forcame a candidate for the city of bid it thould! We must not reLondon, and afterwards was chosen gard political consequences, how representative for the county of formidable loever they might be. Middlesex. Having been outlawed If rebellion was the certain cona fonye years before, he now applied sequence, we are bound to say, for a reversal of that proceeding. Fiat Juflitid, ruat Cælua. The On the 8th of June the confidera- conftitution truits the king with tion of it came before the court of reasons of Itate and policy: be King's Bench, when the judges may stop profecutions: he may par* delivered their opinions very fully, don offences; it is his to judge at and were unanimous that the out whether the law or the criminal lawry was illegal, and niult be re. Thould yield. We have no eletion. On this occasion lord None of us encouraged or approved 13 pas Mansfield took the opportunity of the commiflion of either of the entering into a full ftatement of crimes of which the defendant is the cate, and a justification of his convicted: vone of us had any Sur den own conduct. The reader will hand in his being prosecuted. As find the cale reported by fir James to myself, I took no part in ano Burrows, from whom we shall ther place) in the addretles for that Do, el extract the following, which ap- prosecution. We did not advise pears to have been the most im or allift the defendant to fry from gens portant part of his lord thip's speech. justice: it was his own act, and be It is fit to take fome notice of must take the consequences. None Ini ka the various terrors hung out; the of us have been coniulted, or had & the numerous crowds which have at any thing to do with the pretens crdfgaz tended and now attend in and about prosecution. It is not in our power paling men the hall, out of all reach of hearing io stop it: it was not in our power dok what pailes in court; and the tumults to bring it on. We can not par. ed on: which in other places have shame dou. We are to say, what we e fully infulted all order and govern. take the law to be. If we do not ment. Audacious addreiles in print fpeak our real opinions, we pre dictate to us, from those they call varicate with God and our not the people, the judgment to be consciences. given now, aud afterwards upon “ I pass over many anonymous the conviction Reatons of policy letters I have received; those in are urged, from danger to the king. print are public; and tome of them have been brought judicials beture the |