fix months in the poffeffion of the dignity of lord chief juftice, he was, on the 9th of April, 1757, ap. pointed, pro tempore, chancellor of the exchequer; and in this office, principally through his mediation, the coalition between Mr. Fox, afterwards lord Holland, and Mr. Pitt afterwards earl of Chatham, was brought about, the former having been made paymafter of the forces, and the latter principal fecretary of state; a coalition which was of the moft fingular fervice to the country, by uniting all the great leaders of the different parties, and thereby giving an energy to the war we were then engaged in, and which terminated fo g'orioufly and fuccessfully to the Britif

arms."

"Lord Mansfield deemed it to be an important part of his duty as a judge to disentangle abftrufe cales, which came before him from the mazes and great intricacy which were frequently introduced by the elaborate arguments of counfel. He femed to have a particular pleafure in difcriminating between ingenions, clear, and convincing argument, and fubtle metaphyfical distinctions tending to bewilder and mislead the tyros or ftudents in the law. As to their making any impreffion on the minds of the judges, if the allufion may be pardoned, we might as foon expect to fee the hawk, in its paffage through the regions of air, leave a print of his wild and circuitous flight behind

him.

"His ideas went to the growing melioration of the law, by making its liberality keep pace with the demands of justice, and the actual concerns of the world; not restricting the infinitely-diverfified occa fions of men, and the rules of natural justice, within artificial circumfcriptions, but conforming our ju

rifprudence to the growth of our commerce and of our empire."

"In private life, it may truly be faid, that lord Mansfield had the facility and happy art of embellishing the most trivial circumstances with elegance, of enlivening converfation with eafe and pleafantry, and of fupporting every narration with strict attention to truth.

"In his convivial converfation he was particularly excellent. His general and almost universal knowledge of men and things prefented a conftant and copious fupply of familiar dialogue and difcourfe. His fallies of pleasantry were innocent, and wounded no man; his fentences of obfervation were ju dicious and folid. His particular friends could cafily illuftrate this part of his character by a thousand familiar inftances; the few which the author begs leave to felect occafionally, as they ferve to illuf trate his character for eafe and pleafantry, were impromptu's, deli vered on the fpur of the occafion, and fome of them are well known to his furviving friends.

One of the right reverend bench having very charitably efta blished an alms houfe, at his own expence, for twenty five poor women; Mr. Murray, in his juvenile days, was applied to for an infcription to be placed over the portal of the houfe; upon which he took up his pencil, and immediately wrote. the following:

Under this roof the Lord Bishop of keeps

no less than 25 women.'

"This witticifm probably had its rife from a then recent fact which reflected great honour on the late Sir Walter Blackett, baronet, who was at that time the faft friend of

and

felf and the governor of Horfham new gaol in Suffex. "Lord Mansfield. A few hours only have flitted or paffed away, fince in the difcharge of my duty as a judge, I delivered your new gaol. I was very much pleafed at the fight of a calendar where the • number of prisoners, which formerly have fallen to my lot to try for offences at Horfham, was reduced more than one half; I am now very much aftonifhed to find that the few prifoners I have tried at this period wou'd not occupy one-fourth part of the new gaol. How can your lord lieutenant fatisfy the county of Suffex, that there has not been prodigality and waste of the county money, in raifing fo large and ftately an edifice, three-fourths of which appear to be untenanted?'

The antwer was: My lord, I must leave his grace of Richmend to anfwer for himfelf: I • have very little doubt of our lord * lieutenant acquitting himself of your lordthip's heavy charge of prodigality. This, my lord, I can truly tay, that I was twelve years keeper of the old gaol, and have been near twelve years governor or keeper of the prefent countyprifon. I can fay farther, that the new gaol was built upon a plan to contain the average num⚫ber of criminals and debtors which the old prifon was accustomed to hold in durance vi e. But, my lord, although in days of yore my vifitors were very troublefome, and very frequent in their vifits to me, difcharged at one afizes, and in prifon again within the old walls long before the next; yet fuch, my lord, is the effect of our folitary confinement, and of making a rogue think a little, and become acquainted with bimfelf, that in the courfe of the last twelve years

I can folemnly declare, before your lordship, that only one fingle prifoner has been twice within thefe walls!'

"Good God!' replied the noble earl, this language of experience is very forcible, and the fact ought to be more generally known.'

"If a digreffion of a few lines may be pardonable in the author, he can with pleasure add, that on his relation of this plain fact at a county meeting, when the confderation of the plan for a new gaol and moderate folitary confinement were the fubjects to be difcuffed, the lord lieutenant of the county of Stafford was pleased to exprefs his entire approbation of Mr. Howard's plan of prifons, and particu larly of feparate or folitary confinement, and to request that any ma giftrate then prefent, who had any objections to make thereto, would anfwer the author of theie fheets, who had told the plain tale respecting Horfham new gaol, and would refute, if poffible, the governor of Horfham new prifon and the language of experience."

"An interval of filence prevail ed; no objector role to attempt a refutation, or to militate against the propofition of a new gaol, principally founded on the model of Glou. cefter gaol. The work was begun in 1789; in 1792 it was completed. In the year 1793 it was inhabited very thinly indeed; the number of prifoners in the calendar of this year being reduced nearly one half below that of the year 1791.

"Thus one more fuffrage is added to the fyftem of useful reform, which, as experience has evinced, may be wifely promoted by welltimed and moderate folitary con finement.

"The virtues which were most confpicuous in lord Mansfield's private character, and which gained

mot

moft on his affectioms, were love of moral rectitude, and fidelity in friendship. In public as in private life, his precepts and his practice inculcated, recommended, and enforced, every branch of moral rectitude. In trying a caufe at the fittings after term at Guildhall, a merchant loft his temper, who was the defendant in an action of debt, in detailing with great warmth, to the chief justice, the great indig nity put upon him, a merchant of London, by the plaintiff, in caufing him to be arrested, not only in the face of day, but on the Royal Exchange!

"Lord Mansfield, with great compofure, stopped him, faying, Friend, you forget yourself; you "were the great defaulter, in refuf'ing to pay a juft debt; and let me "give you a piece of advice, worth more to you than the debt and cofts. Be careful in future not to 'put it in any man's power to arrest 'you for a just debt, in public or in 'private.'

"In his friendships, he was cautious in making them, but none was more constant in preferving the various links when they were rivetted, or more zealous in the discharge of all the pleasing duties of friendhip. The learned man, in him, frequently found a patron, and a zealous promoter of his merit. And whenever an ingenious barrifter was difcovered, whole fortune was fmall, or whefe friends were few, he was foothed and rejoiced to find, unafked, and when leaft expected, fome generous plan fuggetted, matured, and carried into execution, to extricate him from difficulties, or to point out the path to fature fame.

"Some of the fhining ornaments of the bar have in early life experienced the viciffitudes of fickle for- tune, have had their legal studies

embittered with difficulties and diftrefs. Not a few, who have emerged from early embarrassment, will, I am perfuaded, ever recollect with gratitude, and may exult in the recollection of the earl of Manf field's interpofition in their behalfs, and in various pleafing inftances. conducted with peculiar adroitness and delicacy, fo as not to wound the feelings of any one.

"His lordship had read with critical accuracy, and with a penetrating eye, the important book of human life, and was very fkilful in probing the heart of man. He could develope ftratagem, however artfully concealed under the cloak of hypocrify or diffimulation.

66

"In the Tuscan code of laws promulgated and established with fome fuccefs by the late emperor of Germany, when duke of Tuscany, we learn, that certainty of punishment, after the guilt of the perpetrator of a crime had been fully proved, contributed forcibly and confiderably to the prevention of crimes. Lord Mansfield teems to have coincided in this opinion generally, and particularly when the very dangerou crime of forgery in a commercial ftate became the ferious fubject of difcution. Not a life of unspotted integrity previ ous to the commiffion of a finge crime could fave Robert Perreau, the favourite companion of fome, and the excellent apothecary to many noble families. By honest induftry and uncommon diligence in his medical profethion he had acquired fomething like a competency, but, like too many vain and afpiring mortals, he must move in a different iphere, and gain a large fortune in the banking line. Deluded and deceived by a brother, and by a moft artful woman--a forgery was committed, and his life paid the forfeit to the laws of his

country.

country. The interceffions of the great did not weigh in the balance which the chief justice held in the council. Forgery is a ftab to commerce, and only to be tolerated in a commercial nation when the foul crime of murder is pardoned.

"A few years afterwards Dr. Dodd's fentence for a fimilar crime of forgery became the ferious subject of debate in a high circle. Great intereft was made to mitigate the fentence; but the ftrong expreffion of the chief juftice is faid to have precluded mitigation, which, according to general report, was to the following effect: If Dr. Dodd 'does not fuffer the juft fentence of the law, the Perreaus may be faid to have been murdered.'

"The fingular events of the year 1768 were the caufes of the public prints being, for the first time, deluged with torrents of abufe on the lord chief justice."

"Lord Mansfield was in the habits of intimacy with bifhop Trevor, who being much indifpofed, lord Mansfield called to fee him; and while he was in the room with the bishop's fecretary for a minute, the late Dr. Addington, his phyfician, was brought in a chair by two able-bodied chairmen, who were proceeding to carry him up ftairs, pale and wan, and much debilitated, to his patient. The bishop's fecretary, fearing that his lord would be low-fpirited at fuch a fcene, begged of lordMansfield to interpofe and go up firft. The quicknefs of the reply could not fail to be treasured up; it was, 'By no means; let him go; you know nothing of human nature; the bishop will be put in good fpirits on feeing any one in a worfe condition than himfelf.' Lord Mansfield was prophetic; and on Dr. Addington's taking leave, the chairmen had no fooner quitted

the bifhop humorously faid, 'Ifear the crows will foon have my ex'cellent phyfician;' but in this he was miftaken. Bishop Trevor died in a few weeks. Dr.Addington lived many years after he had been configned to the crows by his princely patient the bishop of Durham.

"Another inftant of his knowledge of mankind occurred when the public opinion was much agitated, and every one formed his own, as to the propriety of profecuting Mr. Wilkes. In converfation with fome friends, lord Manffield faid, 'I am decidedly against the profecution. His confequence will die away if you will let him 'alone; but by public notice of him, you will increase his confequence; the very thing he covets, and has in full view.'

"The fecurity and good government of the island of Jamaica depending in a great degree on the due exercife of martial law, or from other motives of found policy, the fact is incontrovertible, that in a military officer are often united the high offices of governor-general and chancellor.

"A General Officer, who was very diffident of his ability to decide properly, by intuition, as it were, in a court of equity, applied to lord Mansfield for advice, who answered: General, you have a found head, and a good heart; take courage, and you will do very well, in your new occupa 'tion in a Court of Equity. My advice is, to make your decrees as your head and your heart dictate, to hear both fides patiently, to ' decide with firmness in the best 'manner you can; but be careful not to affign your reasons, fince your determinations may be fubftantially right, although your reasons may be very bad, or effen