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the earl's life, his lord hip had ob- his best health, and had a good pulse, served, how hard it was, that an but was clearly void both of sense old may on the verge of fourscore and sensibility. A blifter was appli. and ten years, could not be pere ed to the arm, which it affected no mited to die quietly
To select a
more than it would any inanimate more striking iuttance, a few years fubstance. Scotch snuff was inbefore his decease, he lay for a time serted into the noftrils by means of in a (ta e of insensibility: by means a feather, without the least effe&t. of blifiers, and other physical ef. Some attempts were also made to forts, returning life enabled him to get nourishment down by means of chide his ph:tician. by aking a a spoon, but to no purpose; and, question quay vscommon and as the last attempt had nearly unexpected. Why did you endea- choaked him, it was desifted from,
vour to bring me back when I and his mouth was afterwards was so far gone in my journey?' merely moistened by a feather dipt
“ Early in iarch, 1793, lord in wine and water. In this state Stormont having occasion to con: his lordship continued without any Sult his uncle on a law-case then apparent alteration, some symptoms depending in the house of lords, of the vital spark remaining, yet said his ideas and recollection were glimmering faintly, till the mornperfectly clear.
ing of Monday the 18th, when “ On Sunday, March the 10th, there was an appearance of morti. nis lordship did not talk at break. fication on the part most pressed by fast as usual, but seemed heavy, lying, and his puise began to beat and complained of being very feebly. Fears were now entertainNeepy, and his pulse was low; vo- ed that he should awake to milatiles and cordials were ordered sery, which he fortunately did not ; for him, and cantharides were ap- but continued to sleep quietly till plied to the issues. On the Mon. the night of Wednesday the 201h, day he seemed rather better. On when the lingering dying taper was Tuesday morning he desired to be quite extinguished. He expired got up and taken to his chair; but without a groan, in the 8th year foon wished to be put to bed again; of his age; closing a long life of and said, Letme fleep-let me honor to himself, and great use 10 • Heep.' After this he never spoke. society, in a way the muft to be deOn his return to bed be seemed per- fired: and it may be faid of bis feétiy easy, breathed freely and un- lordship, as it was of king David, interruptedly like a child, with as that he died in good old age, full calm and serene a countenance as in of days, riches, and honour,
Other ANECDOTES illustrative of LORD MANSFIELD's Judicial, and of
his Political CHARACTER.
[From the FIRST VOLUME of BIOGRAPHICAL, LITERARY, and Polr.
TICAL ANECDOTES, of several of the most eminent Men of the present Age.]
"THE admirers of lord Manf- was supposed by some people, to
field have always shewn condu&t himself in the capacity of themselves diffatisfied with any a double spy. He owed his apftatement of such parts of his con- pointment to the duke of Newduct as tended to the diminution castle, for the purpose (as was con. of his celebrity. They affert bis jectured) of giving the duke infor. impartiality, his wisdom, his pene- mation of the proceedings and tration and patience.
transactions of Leicester-house, and “On the contrary, those persons preserved his interest at Leicestera who have declared his lordship ca- house by giving information to pable of committing every enormi. lord Bute of the designs and trans. iy whenever he had opportunity actions of the ministry, in which to advance the power of the crown, he was assisted by his friend lord. or trespass on the liberty of the Mansfield, then Mr.Murray. Whesubject, have been offended when ther these opinions are strictly cor. ever he has been complimented reet or not, it is certain that lord with the titles of a great lawyer, Bute had authentic inforniation of and an upright judge. They are all the projects and measures of raign his principles of law, and the ministry, even at the time deny his impartiality.
when the politics of St. James's * Between these extremes, lord and Leicester-house differed most. Mansfield's true character will not " It has been the great felicity be easily nor perhaps accurately de- of lord Mansfield's reputation, that fined. That it lay between them his conduct has generally been is true; but to which it most in- viewed on the favourable side onclined, may, in the opinion of some ly; and that such detached parts persons, be difficult to ascertain.” of it as reflected most to his honour
“ During the whole administra- have been principally those which tion of the Pelhains, lle adhered' have been held up to public view. to the whigs, and particularly to If the whole of his conduct had Mr. Pelham, whose confidence he been fairly and impartially examin. obtained much in the same way ed, it would in many points have that his friend Mr. Stone obtained brought to our remembrance the that of the duke of Newcastle. conduct of those learned chiefs, They (Stone and Murray) were Trefylian, Keyling, Scroggs, Jef. accused of being jácubites, and the feryes, and fo:ne others.” accusation was brought before the . • It is generally allowed, that . house of lords. But they had dex: in most cases between fubjet aud terity, and influence fufficient to surject, he diewed great penera. stop the progress of the inquiry. tion and judgment. He potressed Mr. Stone then being sub-governor a talent, if it may be called so, of to the prince (the present king) discovering the merits of a cadre
before it was half heard. This late declaratory act of parliament quickness, however, sometimes be- of the rights of juries, which was trayed bim into too early a proven- brought forward by Mr. Fox and fion in favour of one of the parties. Mr, Erskine, and was supported And in this precipitation he was by a considerable part of the mi. more than once or twice unjust. niftry. The artful and dangerous So difficult it is, for the most acute practices of lord Mansfield in these understanding, at all times, to dif- political trials, so interesting to cover hidden truths; and sa dan- public liberty, to which he had gerous it is, to entertain a conceit through life most tenaciously ada of possessing, by intuition, a talent hered, and had ardently maintained superior to the rest of mankind. to be law, were totally annihilated Yet this is perfectly true of lord and done away. Juries were ree Mansfield. Some lawyers have oc stored to their conftitutional rights, casionally assured a course of imi- which fixes upon his memory and tation; but the attempt has been character a more indelible stigma, fo cluinfy and inadequate, it scarce. than could have been inflicted by ly deserves the name of a carica- an article of impeachment. The ture.
- many transgressions he had com. • In all those political causes mitted on law, justice, and humaconcerning the press, in which the nity, rendered this act of parliament crown'was party, lie was partial in absolutely necessary. Lord Cam. the extreme. His rule of law uni- den, though far advanced in years, formly was, that the crown was vigorously supported the bill in the never wrong in those causes. To house of lords, and condemned alla the liberty of the press he was a lord Mansfield's doctrines in terms fincere and implacable enemy. His. of just asperity. definition of this liberty was, a
1. There is a fact not less refpe&t. permission to print without a li- ing lord Mansfield's favourite opi. cense, what formerly could only nion, than his great design upon be printed with one. In trials for the rights of juries, in all questions libels, he has been heard to deliver concerning the liberty of the press, such language from the bench, as which distinguishes him to have ought to have Aushed the jury beeu froni principle, as well as ituwith indignation. In those trials, dy, perhaps, the most dangerous his invariable practice was, in his enemy to the constitutional rights charge to the jury, to make a la- of juries, that ever sat in a court boured reply to the defendant's of justice, since the time of the Itarcounsel. Will any candid person chamber. say this was proper conduct in a " The fact here alluded to, hap. judge, who ought to be striąly pened on the trial of John Wil. impartial? This is not the language liams, in the month of July, 1764, of prejudicem for the truth of it an for re publishing the North Briappeal may safely be made to all ton in volumes. Serjeant Glynn, those persons who are yet alive, who was counsel for Williams, who heard him upon those occa- faid, with a strong emphasis, cons.
• That in the matter of libel, they “ But a stronger proof cannot were the proper judges of the be given of lord Mansfield's general law, as well as the fact; that they mifconduct and mif-directions to "had the full right to determine, juries, in cases of libels, than the whether the defendant had pub
• lished the North Briton with the 1970, when he gave a paper to the 'intent as laid in the Attorney-ge- clerk of the house of lords, conneral's information.' Lord Mans. taining the opinion of the court of field stopped him short, and declar- King's Bench, upon one of the tried in a very strong and menacing als of Junius's Letters. manner, o 'That if serjéant Glynn “The house of lords was fummon. * asserted that doctrine again, he ed at the request of lord Mansfield, * (lord Mansfield) would take the on Monday the eleventh day of • opinion of the twelve judges upon December. Great expectations were
it. The learned serjeant instant. raised. Lord Mansfield's doctrines ly saw the snare, and the design concerning libels had been much that was concealed under it. He cauvafled in the house of com. was sensible of the danger to public mons, in consequence of a motion liberty, in submitting a question made by ferjeant Glynn; it was which was to be worded by lord therefore supposed and believed, Mansfield upon the rights of juries, that his lordship intended to bring to the opinions of the twelve judges the subject before the house of at that time. No one could doubt lords. And, probably, that was his that a considereble majority of the original intention. But when the twelve judges would confirm all house met (on the eleventh of Delord Mansheid's doctrine concern- cember) his lord ship only said, that ing libels, and particularly all his he had left a paper containing the lord ship's limitations of the rights opinion of the court of King's of juries. The learned ferjeant Bench with the clerk; and that therefore, with great prudence, and their lord ships might read it, and a great regard for the rights of ju. take copies of it. [The paper, and ries, saw that it was more proper lord Camden's answer, are printed to submit, thau to give lord Manf- in all the parliamentary debates.) field an opportunity of obtaining an " It is scarcely possible to con. authoritative confirmation of his ceive any thing more ridiculous innovations in the constitution. ihan this was. He certainly muft Thus, by a device of lord Maní. have changed his intention, for no field, the rights of juries upon this person will credit that he had the great point hung as it were upon a house summoned for the paltry lingle thread. Well might judge purpose of telling their lordships Willes fay, .Mark hım” Had lord he had left a paper with the clerk, Mansfield's project taken effect; Lord Camden asked him, if he and had the majority of the judges nieant to have his paper entered acquiesced, of which it is more upon the journals ? No! no!' than probable he had no doubt, it said lord Mansfield, "only to leave must have been extremely difficult, it with the clerk.' and next to an impossibility, ever to “ Next day lord Camden at. have recovered the rights of juries, tacked lord Mansfield pretty sharpwhich lord Mansfield had usurped, ly on the subject of his paper, and and which usurpation had been put several questions to him conconfirmed by the judges.
cerning the sense of it. "Lord , “Upon another occafion, lord Mansfield said it was taking him Mansfield attempted the famc de. by surprise, and that he would not vice, but the weakness of his nerves answer interrogatories. Lord Camprevented the defign being carried den desired that a day might be into effect. This was in the year fixed for his lordship to give his
answers; but lord Mansfield would the private conduct of the judge, not consent.
and ihen to maintain, that a state. “ As far as this attack upon lord ment of the private conduct of a Mansfield went, it was perfectly ju- judge at chambers, or at his own dicious; and it would have been house, was a contempt of the court. imprudent to have pushed the mat. It would not be very difficult, to an ter further; hecause an attempt of artful bad man, to construe most that fort might, and moft probably libels into a contempt of court. would have bronght the subject “ Mr. Dunning faw the extent into general debate ; and thereby of the manæuivre. The case was have been the cause of establishing this. Lord Mansfield had altered lord Mansfield's doctrine irreverlithe record in the case of Mr. bly, and clothing it with all the Wilkes at his own private honfe. folemn graces and fanctions which Amongft the many parts of lord a certain well-known crafty influ. Mansfield's condu&t which were ence can eafily procure.
cenfured in the Letter on Libels “ The next attack that lord and Warrants, was this fact, of his Mansfield made on the rights of ju. altering the record. The writer's sies, was not less interesting, but it statement of this fact, lord Maníwas open and avowed. The judges field called a contempt of the court. of his own court fupported his de. The process upon a contempt, fign without, perhaps, perceiving which is always some clear indir the nature and extent of it; at putable fact, and generally againk Jeaft it may be candid to admit the, she officers of the court, attornies poslīble suppositio:1, for lord Manf. or evidence, is by issuing a writ of field's art was usually the best of attachment, and the defendant anart; it was the art to conceal it. swering upon oath such interroga. felf: but this attempt was attended tories as fhall be put to him. If with an advantage to the public he purges himself (as it is called). that lord Mansfield did not foresee. of the charge, he is acquirted; if It brought forth the strong admir- not, the coust indiet fuch punith. ed talents, and grear legal abilities ment as they think proper. There of Mr. Dunning, afterwards lord is no other trial, nor any jury callAshburton.
ed in. " It has beey already mentioned, 66 Whether what lord Mansfield under the head of the duke of had done was right or wrong, could Grafton, that lord Mansfield was not by this process become a natexceedingly hurt by a tract of great ter of inquiry, nor even of animadcelebrity, entitled A Letter on version. If lord Mansfield had
Libels and Warrants, &c.' He proceeded in any of the usual ways therein faw his doctrines of law, against libels, by action, informa. and his conduct as a judge, treated tion, or indictment, there would in a manner that was no way fa- have been latitude for the display vourable to his views. But als of the ingenuity and ability of though he was ardent to punish counsel. He took this for the the printer, he did not choose to more prudent and certain way. trust a jury with the cause. He But his attempt was opposed with therefore contrived a new mode, or a degree of intrepidity and frmoed rather revived a very obfolete one he did not expect." from the Itar-chainber.
Our limits will not permit us to connect the matter of libel with to infert the outlines of the argue