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good-humour, elegance, eafe, and dignity. His countenance was moft plealing, he had an eye of fire, and a voice perhaps unrivalled in its fweetness, and the mellifluous va riety of its tones.

His intuitive and acquired knowledge of men and things foon attracted the attention, and procured the good opinion of the citizens of London and Westminster, fo as to induce them to inftitute their fuits of different denominations in the court wherein he preLided.

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"He excelled in the statement of a cafe. One of the first orators of the prefent age faid of it, that it was of itself worth the argu*ment of any other man.' He divested it of all unneceffary circumRances; he brought together every circumftance of importance; and these he placed in fo ftriking a point of view, and connected them by obfervations to powerful, but which appeared to arife fo naturally from the facts themfelves, that frequently the hearer was convinced before the argument was opened. When he came to the argument he thewed equal ability, but it was a mode of argument almost peculiar to hinfelf. His ftatement of the cafe predispofed the hearers to fall into the very train of thought he wifhed them to take when they fhould come to confider the argument. Through this be accompanied them, leading them infenfibly to every obfervation favourable to the conclufion he wished them to draw, and diverting every objection to it; but all the time keep. ing himself concealed, fo that the bearers thought they formed their opinions in confequence of the powers and workings of their own minds, when, in fact, it was the effect of the moft fubtle argumentation and the moft refined dialectic.

"His legal knowledge and profound fagacity, not only promoted, but effectually fecured, through a long feries of years, that amazing increase of business in the court of King's Bench which dignified his high office, and diffused opulence among the different officers of his court, and all around him.

"Confidering his lordship's de. cifions feparately, it will appear that, on all occafions, he was perfectly master of the cafe before him, and apprized of every principle of law, and every adjudication of the courts immediately or remotely applicable to it. Confidering them collectively, they will be found to form a complete code of jurifprudence on fome of the most important branches of our law: a fyftem founded on principles equally liberal and juft, admi rably fuited to the genius and circumftances of the age, and hap pily blending the venerable doctrines of the old law with the learning and refinement of modern times: the work of a mind nobly gifted by nature, and informed with every kind of learning which could ferve for use and ornament.

"His great wildom shed an uncommon luftre over his admoni tions, his advice, and his decifions in the public courts, and gave them their due weight. All he faid and did will be held in deserved admiration, as long as the love of our excellent laws, as long as the im provement of jurifprudence, and the power of eloquence, fhall be deemed worthy of pre-eminence, or have any charms to please.

"The author has not prefumed to give his lordfhip's political character. More years inuft elapfe, and party prejudice be laid afide, before his abilities, principles, and a&tions as a statesman, can be properly appreciated. His eminence

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as a lawyer has ben already flated, and univerfally acknowledged. He therefore begs leave briefly to confine himself to a few traits, which eminently distinguished his lordfhip in private life, where he fhone, if poffible, with greater luftre than in the more elevated departments of a ftatesman and a judge.

"Few noblemen have had that happy method of combining dignity with wifdom, and liberality with frugality, equal to lord Mauffield. Every thing in and about his manfion had the appearance of fplendor and plenty, without that how of oftentation and waste, which difgufts every fenfible mind; and which, at the fame time it gives an idea of the wealth, ftrikes us with the folly of the poffeffor, By his fervants he was confidered rather as a father and patron than a mafter: many of them lived with him fo many years that they were fit for no other service; and peace, plenty, and happiness, were depicted in the countenance of every domeftic. His lordship's charities, which were infinitely more extensive than is generally imagined, were given away and diffused with good fenfe and nobleness of mind rarely equalled; fixpences, fhillings, and half-crowns, he feldom conferred, confidering fuch fums as doing no real good, as the object fo relieved would, on the day following the donation, be equally diftreffed as on the day preceding it; but, when by fums of ten or twenty guineas he could relieve the virtuous and neceffitated from embarraffments by debt, by fick nefs, or otherwife, and put them in a way to provide for themselves and families, he did it cheerfully, and with that eafe and good-nature, which, inftead of wounding, encouraged the feelings of the receiver, and always, if pofible, with fuch secrecy and quiet

nefs as if he would not have his left hand know what his right hand did. Although his lordship's pow ers in converfation were uncom monly great, yet he never affumed a more than equal fhare of it to himfelf, and was always as ready to hear as he was to deliver an opinion. The faculty of converfing with eafe and propriety he retained to the very laft; and he was as quick at reply in his latter years as at any period of his life; whether he fupported his own argument, or refuted thofe of his adverfary, his obfervations were delivered with that judgment and grace which evinced the precifion of a fcholar and the elegance of a gentleman. He was a fincere Chriftian without bigotry or hypocrify, and he fre quently received the facrament, both before and after he ceased to leave home: and there was con ftantly that decorum, that exemplary regularity to be feen in every department of his household, which would have done credit to the palace of an archbishop.

"Such were the virtues, fuch the endowments, and rare qualifications, which pervaded, cherished, and adorned his private life. Thefe he fedulously cultivated and diffeminated through a long life. How powerful was their coincidence, how happy their effects!

"We are arrived at a period which is in genereal painful to relate

the laft hours of a great man! or of a real friend! yet when we calmly confider the very advanced age of lord Mansfield, and the whole tenor of his long life, we may fairly draw this conclufion, that for once death had loft his fting, and was no longer to him a king of terrors.

"In many conferences with his friend and phyfician Dr. Turton,during the three or four last years D3

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the earl's life, his lordship had obferved, how hard it was, that an old man on the verge of fourfcore and ten years, could not be permitted to die quietly To felect a more ftriking iuftance, a few years before his deceafe, he lay for a time in a state of infenfibility: by means of blifters, and other phyfical efforts, returning life enabled him to chide his phyfician. by atking a queftion equally uncommon and unexpected Why did you endeavour to bring me back when I was fo far gone in my journey?' "Early in March, 1793, lord Stormont having occafion to confult his uncle on a law-cafe then depending in the houfe of lords, faid his ideas and recollection were perfectly clear.

"On Sunday, March the 10th, nis lordship did not talk at break. faft as ufual, but feemed heavy, and complained of being very fleepy, and his pulfe was low; volatiles and cordials were ordered for him, and cantharides were applied to the iffues. On the Monday he feemed rather better. On Tuesday morning he defired to be got up and taken to his chair; but foon wifhed to be put to bed again; and faid, Let me fleep-let me fleep. After this he never fpoke. On his return to bed he feemed perfectly eafy, breathed freely and uninterruptedly like a child, with as calm and ferene a countenance as in

his best health, and had a good pulfe, but was clearly void both of fense and fenfibility. A blifter was appli ed to the arm, which it affected no more than it would any inanimate fabftance. Scotch fnuff was inferted into the noftrils by means of a feather, without the least effect. Some attempts were also made to get nourishment down by means of a spoon, but to no purpofe; and, as the laft attempt had nearly choaked him, it was defifted from, and his mouth was afterwards merely moistened by a feather dipt in wine and water. In this ftate his lordship continued without any apparent alteration, fome symptoms of the vital fpark remaining, yet glimmering faintly, till the morn ing of Monday the 18th, when there was an appearance of mortification on the part most pressed by lying, and his puife began to beat feebly. Fears were now entertained that he fhould awake to mifery, which he fortunately did not; but continued to fleep quietly till the night of Wednesday the 20th, when the lingering dying taper was quite extinguished. He expired

without a groan, in the 89th year of his age; clofing a long life of honor to himself, and great ufe to fociety, in a way the most to be defired: and it may be faid of bis lordship, as it was of king David, that he died in good old age, full of days, riches, and honour."

Other

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Other ANECDOTES illuftrative of LORD MANSFIELD's Judicial, and or his Political CHARACTER.

[From the FIRST VOLUME of BIOGRAPHICAL, LITERARY, and POLITICAL ANECDOTES, of feveral of the most eminent Men of the prefent Age.]

"THE
HE admirers of lord Manf-
field have always fhewn
themselves diffatisfied with any
ftatement of fuch parts of his con-
duct as tended to the diminution
of his celebrity. They affert his
impartiality, his wifdom, his pene-
tration and patience.

"On the contrary, thofe perfons who have declared his lordship capable of committing every enormity whenever he had opportunity to advance the power of the crown, or trefpafs on the liberty of the fubject, have been offended whenever he has been complimented with the titles of a great lawyer, and an upright judge. They arraign his principles of law, and deny his impartiality.

"Between thefe extremes, lord Mansfield's true character will not be eafily_nor perhaps accurately defined. That it lay between them is true; but to which it moft inclined, may, in the opinion of fome perfons, be difficult to afcertain."

"During the whole adminiftration of the Pelhams, lie adhered to the whigs, and particularly to Mr. Pelham, whofe confidence he obtained much in the fame way that his friend Mr. Stone obtained that of the duke of Newcastle. They (Stone and Murray) were accufed of being jacobites, and the accufation was brought before the. houfe of lords. But they had dexterity and influence fufficient to ftop the progrefs of the inquiry. Mr. Stone then being fub-governor to the prince (the prefent king)

was fuppofed, by fome people, to conduct himself in the capacity of a double fpy. He owed his appointment to the duke of Newcaftle, for the purpose (as was con jectured) of giving the duke infor mation of the proceedings and tranfactions of Leicefter-house, and preferved his intereft at Leicester houfe by giving information to lord Bute of the defigns and tranf actions of the miniftry, in which he was affifted by his friend lord. Mansfield, then Mr.Murray. Whether thefe opinions are strictly correct or not, it is certain that lord Bute had authentic information of all the projects and measures of the miniftry, even at the time when the politics of St. James's and Leicester-house differed most.

"It has been the great felicity of lord Mansfield's reputation, that his conduct has generally been viewed on the favourable fide only; and that fuch detached parts of it as reflected moft to his honour have been principally thofe which have been held up to public view. If the whole of his conduct had been fairly and impartially examin ed, it would in many points have brought to our remembrance the conduct of thofe learned chiefs, Trefylian, Keyling, Scroggs, Jef ferves, and fome others."

"It is generally allowed, that in moft cafes between fubject and fubject, he fhewed great penetration and judgment. He poffeffed a talent, if it may be called fo, of difcovering the merits of a caufe

D

before

before it was half heard. This quick nefs, however, fometimes betrayed him into too early a propenfion in favour of one of the parties. And in this precipitation he was more than once or twice unjust. So difficult it is, for the most acute understanding, at all times, to difcover hidden truths; and fo dangerous it is, to entertain a conceit of poffeffing, by intuition, a talent fuperior to the rest of mankind. Yet this is perfectly true of lord Mansfield. Some lawyers have occafionally affumed a course of imitation; but the attempt has been fo clufy and inadequate, it fcarce ly deferves the name of a carica

ture.

"In all thofe political caufes concerning the prefs, in which the crown was party, he was partial in the extreme, His rule of law uniformly was, that the crown was never wrong in thofe caufes. To the liberty of the prefs he was a fincere and implacable enemy. His. definition of this liberty was, a permiffion to print without a licenfe, what formerly could only be printed with one. In trials for libels, he has been heard to deliver fuch language from the bench, as ought to have fufhed the jury with indignation. In those trials, his invariable practice was, in his charge to the jury, to make a laboured reply to the defendant's counfel. Will any candid perfon fay this was proper conduct in a judge, who ought to be ftrictly impartial? This is not the language of prejudice for the truth of it an appeal may fafely be made to all thofe perfons who are yet alive, who heard him upon thofe occafions.

"But a ftronger proof cannot be given of lord Mansfield's general mifconduct and mif-directions to juries, in cafes of libels, than the

late declaratory act of parliament of the rights of juries, which was brought forward by Mr. Fox and Mr, Erfkine, and was fupported by a confiderable part of the miniftry. The artful and dangerous practices of lord Mansfield (in these political trials, fo interefting to public liberty, to which he had through life most tenaciously adhered, and had ardently maintained to be law, were totally annihilated and done away. Juries were reftored to their conftitutional rights, which fixes upon his memory and character a more indelible stigma, than could have been inflicted by an article of impeachment. The many tranfgreffions he had com. mitted on law, juftice, and huma nity, rendered this act of parliament abfolutely neceffary. Lord Camden, though far advanced in years, vigorously fupported the bill in the houfe of lords, and condemned all lord Mansfield's doctrines in terms of juft afperity.

"There is a fact not lefs refpec ing lord Mansfield's favourite opinion, than his great defign upon the rights of juries, in all questions concerning the liberty of the press, which diftinguishes him to have been from principle, as well as ftudy, perhaps, the most dangerous enemy to the conftitutional rights of juries, that ever fat in a court of juftice, fince the time of the starchamber.

"The fact here alluded to, happened on the trial of John Wil liams, in the month of July, 1764. for re publishing the North Briton in volumes. Serjeant Glynn, who was counfel for Williams, faid, with a strong emphafis, "That in the matter of libel, they 'were the proper judges of the law, as well as the fact; that they had the full right to determine, whether the defendant had pub

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