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Full text of "The lives of the Chief Justices of England : from the Norman Conquest till the death of Lord Tenterden"

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LOUD ELLENBOROUGH. 



THE LIVES 



OF 



THE CHIEF JUSTICES 



ENGLAND. 



FROM THE NORMAN CONQUEST TILL THE DEATH 
OF LORD TENTERDEN. 



BY 

JOHN, LORD CAMPBELL, 

Lord Chief Justice and Lord High Chancellor of England. 



IRew an& 1Rev>ise& E&ttfon. 

WITH ILLUSTRA TIONS AND NUMEROUS ANNOTA T10NS. 
EDITED BY JAMES COCKCROFT. 



VOL. V. 



NORTHPORT, LONG ISLAND, N. Y. . 

EDWARD THOMPSON CO., PUBLISHERS. 

1899. 




Copyright, 1899, 

BY 
EDWARD THOMPSON Co. 



ROBERT DBUMM< 



CONTENTS. 



CHAPTER XLV. 
CONCLUSION OF THE LIFE OF LORD KENYON, 



CHAPTER XLVI. 
LIFE OF LORD ELLENBOROUGH, FROM HIS BIRTH TILL HIS MARRIAGE, . 20 

CHAPTER XLVII. 

CONTINUATION OF THE LIFE OF LORD ELLENBOROUGH TILL HE WAS AP- 
POINTED ATTORNEY GENERAL, ........ 43 

CHAPTER XLVIII. 

CONTINUATION OF THE LIFE OF LORD ELLENBOROUGH TILL HE WAS AP- 
POINTED LORD CHIEF JUSTICE ......... 91 

CHAPTER XLIX. 

CONTINUATION OF THE LIFE OF LORD ELLENBOROUGH TILL HE BECAME A 
CABINET MINISTER ............ 107 

CHAPTER L. 

CONTINUATION OF THE LIFE OF LORD ELLENBOROUGH TILL THE TRIAL OF 
LORD COCHRANE ............ 152 

CHAPTER LI. 

CONCLUSION OF THE LIFE OF LORD ELLENBOROUGH ...... 200 

iii 



iv CONTENTS. 



CHAPTER LII. 

PAGE 

LIFE OF LORD TENTERDEN, FROM HIS BIRTH TILL HIS ELEVATION TO THE 
BENCH 251 

CHAPTER LIII. 

CONTINUATION OF THE LIFE OF LORD TENTERDEN TILL HE WAS ELEVATED 
TO THE PEERAGE 301 

CHAPTER LIV. 
CONCLUSION OF THE LIFE OF LORD TENTERDEN 340 



LIST OF ILLUSTRATIONS. 



LORD ELLENBOROUGH (colored lithograph), .... frontispiece 

WARREN HASTINGS facing page 5 

TRIAL OF WARREN HASTINGS, 7 

CHIEF JUSTICE DALLAS 48 

LORD ABINGER 89 

SIR JOHN BAYLEY " " 108 

JEREMY BENTHAM "112 

NELSON BRONTE, " 142 

WELLINGTON, " 222 

LORD ELLENBOROUGH, 248 

SIR CHARLES ABBOTT, LORD TENTERDEN (colored lithograph), " " 251 

ROBERT PEEL " 307 

ROBERT, BARON GIFFARD " 309 

LORD CANNING, " 341 

LORD RUSSELL " 350 

v 



BIOGRAPHICAL NOTES IN VOLUME V. 



PAGE 

CHARLES ABBOT, Lord Colchester. " 

HENRY ADDINGTON, Viscount Sidmouth, 9 1 

JOHN ADOLHHUS 3'9 

EUGENE ARAM, 9 8 

MATTHEW BAILLIE '9? 

HENRY BATHURST, Bishop of Norwich, 279 

Sir JOHN BAYLEY 108 

JEREMY BENTHAM, "2 

Judge BEST, Lord Wynford 3'2 

WILLIAM LISLE BOWLES, .... 265 

NICHOLAS BOILEAU-DESPREAUX, 272 

HENRY DE BRACTON 133 

Sir SAMUEL EGERTON BRYDGES 254 

THOMAS BURGESS, 263 

Sir JAMES BURROUGH 305 

Sir BENJAMIN COLLINS BRODIE, 371 

THOMAS CALDECOTT, 234 

GEORGE CANNING 341 

Sir JOHN CARR 128 

Judge ALAN CHAMBRE 299 

CHARLES CHURCHILL 276 

THOMAS COCHRANE, Earl of Dundonald 200 

JOHN SINGLETON COPLEY, Lord Lyndhurst, 93 

WILLIAM COXE, 24 

JOHN PHILPOT CURRAN, 316 

ROBERT DALLAS 48 

HENRY DAMPIER 109 

Madame D'ARBLAY (Miss Frances Burney), 66 

EDWARD MARCUS DESPARD, .......... 144 

HENRY DUNDAS, Viscount Melville 165 

HENRY FIELDING 27 

Sir STEPHEN GASELEE 235 

GEORGE IV 217 

Sir VICARY GIBBS 25 

vii 



viii BIOGRAPHICAL NOTES IN VOLUME V. 

PAGE 

ROBERT GIFFARD, Baron Sainl Leonards, ....... 309 

JAMF.S GRAHAM, third Duke of Montrose, . 198 

CHARLES GREY, second Earl 152 

Sir HENRY HALFORD 194 

Mr. Justice HEATH, 301 

GEORGE CALVERT HOLLAND, 370 

Third Earl of Holland 158 

GEORGE SOWLEY HOLROYD, no 

WILLIAM HONE 209 

HENRY HUNT, 237 

LEIGH HUNT J7 6 

CYRIL JACKSON, D. D., 320 

HANDLE JACKSON 235 

ROBERT BANKS JENKINSON, Earl of Liverpool 201 

EDWARD, Duke of Kent, 193 

Sir PETER LAURIE, 376 

CHARLES EWAN LAW 249 

EDMUND LAW, 2 i 

JOHN LAW, 2 g 

EDWARD LAW, first Earl of Ellenborough 246 

Sir THOMAS LAWRENCE, . 246 

JOHN LEE 3 6 

JOHN LENS, 212 

Sir JOSEPH LITTLEDALE, 287 

Sir JAMES MACKINTOSH, 149 

WLLLIAM CHARLES MACREADY, . . . 378 

JAMES MAITLAND, Earl of Lauderdale 165 

JAMES MANSFIELD, 62 

CHARLES MATHEWS 244 

MOLIRE, ............. 272 

JOHN MURRAY, third Duke of Athol 137 

HORATIO, Viscount Nelson, .......... 142 

ARTHUR O'CONNOR, 85 

Sir ROBERT PEEL, 307 

SAMUEL PEPYS, ............ 260 

SPENCER PERCEVAL 148 

GEORGE PONSONBY, 155 

THOMAS PLUMER 47 

RICHARD PRESTON, 232 

JEAN RACINE, 274 

Judge JOHN RICHARDSON, 257 

FREDERICK JOHN ROBINSON, Earl of Ripon, 347 

SAMUEL ROGERS 17 

Sir SAMUEL ROMILLY 184 

GILES ROOKE, 82 

Sir THOMAS RUMBOLD 46 

JOHN, Earl Russell, 350 



BIOGRAHIICAL NOTES IN VOLUME V. ix 

PACK 

JAMES SCARLETT, Lord Abinger, 89 

Sir SAMUEL SHEPHERD 12 

HORACE SMITH 16 

JAMES SMITH 16 

AUGUSTA SOPHIA 195 

Sir HENRY SPELMAN 83 

THOMAS SUTTON, 220 

CHARLES CHETWYND TALBOT, second Earl Talbot of Hensol, . . .116 

Sir THOMAS NOON TALFOURD, 238 

Sir HERBERT TAYLOR 192 

MICHAEL ANGELO TAYLOR 60 

NICHOLAS VANSITTART, Lord Bexley 344 

EMRICH VON VATTEL 140 

Lord WALLACE of Knaresdale, 37 

ARTHUR WELLESLEY, Duke of Wellington 222 

Sir CHARLES WETHERELL 205 

Sir JOHN WILLIAMS 385 

FRANCIS WILLIS, 10,5 

Mr. BARON WOOD, 30 

FREDERICK AUGUSTUS, Uuke of York 192 



LIVES 

OF THE 

CHIEF JUSTICES OF ENGLAND. 



CHAPTER XLV. 

CONCLUSION OF THE LIFE OF LORD KENYON. 

LORD KEXVON had been very temperate in his diet, CHAP. 
and had enjoyed uninterrupted health till he entered Lord 

Kenyon's 

his 70111 year. He then began to show symptoms of career 
decay, which some attributed to his defeat in Haycraft close. 
v. Creasy, and. some to the dangerous illness of his eldest 
son. The Chief Justice was exceedingly amiable in all 
the relations of domestic life, and to this promising 
young man, who was expected to be the heir of his vast 
accumulations, he was particular!}' attached. 

In the autumn of 1801, there was imposed upon him A.D. iSos. 

, , . Heath of 

the melancholy duty of closing the eyes of him from his eldest 
whom he had expected that the pious office would be 
performed for himself. When gazing into the open 
tomb of his first-born, he is said to have exclaimed " It 
is large enough for both." 

On the first day of next Michaelmas term the Chief i.ord 

T 1*1- Ki nvon's 

Justice returned to his court a sorrow-stricken, heart- last 
broken man. He was hardly able to hold up his head; 
not even a " regretting " case from the Oxford Circuit 



2 REIGN OF GEORGE III. 

CHAP, could exile him ; and as soon as term was over, leaving 
the Nisi Prius business to be done by Mr. Justice Le 
Blanc, he went into Wales, in the hope of being re- 
cruited by the air of his native mountains. He rallied 
a little, and came back to London on the approach of 
Ililarv Term; but he- was only able to take his scat in 
court for a single day. 

As a last resource he was advised to try the waters 
of Bath. All would not do. The appointed hour for 
the termination of his career was at hand. He had now 
an attack of black jaundice, and it was found that his 
constitution was entirely exhausted. For several weeks 
he lay in bed, taking hardly any sleep or nourishment. 
However, he suffered little pain ; and having retained 
A.r>. 1802. his mental faculties to the last, on the 4th of April, 

His death 

and burial. i8o2, he expired, perfectly resigned to the will of God, 
and gratefully expressing his sense of the many bless- 
ings which he had enjoyed. His remains were con- 
veyed to the family cemetery in the parish of Hanmer, 
and there deposited in the same grave with those of his 

His beloved son. A splendid monument has been erected 

epitaph. . . 

to his memory, containing a minute enumeration of Ins 
offices, and of his virtues. But a more simple and 
touching tribute to him was paid in a letter from his 
second son, to whom descended with his title his more 
amiable qualities : 

King " He has left a name to which his family will look up with 

hm'i'T.y' Ms affectionate and honest pride, and which his countrymen will 

second son. remember with gratitude and veneration as long as they shall 

continue duly to estimate the great and united principles of 

religion, law, and social order : no Welshman ever exhibited 

more eminently two traits of Cambria warmth of heart and 

sincerity of character." 

Anxious to suppress nothing that has been said in 
ji'n'ui's "is praise, I add that the following character of his 
hiin."" dt " countryman, the learned civilian Sir Leoline Jenkins, 



LIFE OF LORD KENYON. 

was declared by a respectable writer to be equally 
applicable to the Cambrian Chief Justice of England : 

" Impartial in the administration of justice, without respect 
of persons or opinions, he was not only just between man and 
man in all ordinary cases, but also where his intimate friend, 
his patron, his enemy, or his own interest interfered ; for in a 
word, he seemed to have loved justice as his life, and the laws 
as his inheritance, and acted as if he always remembered whose 
image and commission he bore, and to whom he was account- 
able for the equity of his decrees. He was a man of excellent 
piety and unaffected devotion ; he did not use his religion as 
a cloak to cover or keep him warm, but was early acquainted 
with religious principles and practices, and through the whole 
course of his life he was a serious and sincere Christian, of a 
strong and masculine piety, without any mixture of enthusiasm 
or superstition." 

I must, however, in the discharge of my duty as a Discrim- 

. ination re- 

biographer, discriminate between his merits and his de- quired in 

, . his biog- 

fects, and having clone so, I can by no means consent to rapher. 
his being placed in the first rank of English Judges. 
That he was a truly religious and strictly moral man, 
might equally have been said of him had he, according 
to his original destination, spent his life as an attorney 
at Nantwich. When placed at the head of the common 
law as Chief Justice, he did, in the midst of some 
grumbling and sneering, command a considerable por- 
tion of public veneration. He was not only devoted to 
the discharge of his public duties and zealously desirous 
to do what was right, but his quickness of apprehension 
and his professional knowledge generally enabled him 
to come to a rapid and a sound decision in the various 
cases which he had to adjudicate. But he was far from 
being a scientific jurist ; he could very imperfectly ex- 
plain the rule of law by which he was governed, and 
when in private he was asked for his reasons, he would 
answer, " I vow to God that it is so." 



REIGN OF GEORGE III. 



CHAP. He i s said to have b een a great favorite with com- 
HIS popu- rnon juries, and. according to the slang of Westminster 

larity with J . 

"i>n Hall, always to have carried off the verdict. 1 This was 

said to be because " he never fired over their heads, 

and he knew how to hit the bird in the eye." But lie 

never combated the prejudices of the jury. He even 

His m- encouraged that universal prejudice of the lower orders 

usage of 

attorneys. a g a inst attorneys, by which I have frequently seen the 
administration of justice perverted. Although bred in 
an attorney's office and long aspiring no higher than to 
be an attorney, he seemed to think the whole orde.' 
pettifoggers, and their occupation almost necessarily 
disreputable. Instead of restricting his animadversions 
to peccant individuals, he extended an angry suspicion 
to a whole class, containing many men as honourable 
as himself, and much his superiors in education and 
manners. He talked of striking an attorney off the roll 
as he might of dismissing a footman who had offended 
him. A naval officer having been arrested at a ball, 
Lord Kenyon at once jumped to the conclusion that 
this must have been by the orders of the plaintiff's 
attorney, saying that " it must be matter for consider- 
ation whether a practitioner who had so misconducted 
himself ought to remain on the rolls of the court." 
When a trial, expected to last the whole day, had 
unaccountably gone off, so that the following causes 
were struck out, the attorneys not having their witnesses 
in attendance, he advised that actions should be brought 
against all the attorneys for negligence. 

" His hatred of dishonest practices," says a barrister who 
attended his Court, " had lit up a flame of indignation in his 

i. i. e. that juries found upon the facts according to the opinion 
which he intimated to them. " His very failings won their liking ; 
his prejudices were theirs ; they with him loved to detect some 
knavish trick in an attorney ; with him they held in pious horror the 
fashionable vices of the great, and the faults in his address against 
taste and correct idiom were beauties in their ears." Townsend, 
vol. i. p. 65. 




WARREN HASTINGS. 



LIFE OF LORD KENVON. 5 

breast, but it was an ignis fatuus which led him into error. CHAP. 
He gave too easy credit to accusation, and formed an opinion 
before he suffered his judgment to cool. He decided while 
under the influence of a heated temper, and often punished 
witli unreflecting severity. The effect of this intemperate Ruin of 
mode of administering justice my memory recalls with painful ^ Law " 
recollection in the case of a Mr. Lawless, an attorney and an 
honorable member of that profession. He was involved in the 
general and groundless proscription of the day. Complaint 
was made to the Court against him for some imputed miscon- 
duct, grounded on an affidavit which the event proved was a 
mass of misrepresentation and falsehood ; but it being on oath 
and the charges serious, it was thought sufficient to entitle the 
party applying to a rule to show cause why Mr. Lawless should 
not answer the matters of the affidavit. Natural justice would 
point out, and the practice of the Court was conformable to 
it, that he should be heard in answer before he was convicted. 
For that purpose a day is given by the rule on which the 
party is to show cause, during which time everything is consid- 
ered as suspended. This indulgence was refused to Mr. 
Lawless. Lord Kenyon, in addition to the common form of 
the Court's assent to the application ' take a rule to show 
cause,' added, ' and let Mr. Lawless be suspended from practis- 
ing until the rule is disposed of.' He happened to be present 
in Court when this unexampled judgment was pronounced, and 
heard the sentence which led to his ruin. He rose in a state 
of the most bitter agitation : ' My Lord, I entreat you to recall 
that judgment ; the charge is wholly unfounded ; suspension 
will lead to my ruin ; I have eighty causes in my office.' 
What was Lord Kenyon's reply to this supplicatory appeal to 
him ? ' So much the worse for your clients, who have em- 
ployed such a man ! You shall remain suspended until the 
Court decides on the rule.' The rule came on to be heard at 
a subsequent day after the affidavits on the part of Mr. Lawless 
had been filed. The charges against him were found to be 
wholly without foundation, and the rule was accordingly dis- 
charged. Mr. Lawless was restored to his profession, but not 
to his character or peace of mind. He sank under the un- 
merited disgrace, and died of a broken heart." l 

I. Townsend, vol. i. p. 65. 



REIGN OF GEORGE III. 



CHAP. 
XLV. 

Lord 
Kenyon 

serviceable 
in repress- 
ing petti- 
fogging. 



His kind- 
ness to 
students. 



The 

student's 

ink-bottle 

and the 

Chief 

Justice's 

porcelain 

vase. 



But although individuals might suffer from his pre- 
cipitancy, Lord Kenyon's strong dislike of chicanery 
had a salutary effect upon the practice both of attorneys 
and barristers. Sham pleas, which had became much 
multiplied, were, by a threat to ask who had signed them, 
restrained to " judgment recovered," or " a horse given 
in satisfaction," and the misrepresentation of authorities 
in arguments at the bar was checked by a proposed 
rule of Court, requiring that "all cases should be cited 
on affidavit." 

I ought gratefully to record that he was very kind 
to the students who attended the Courts. I cannot say 
that I ever heard (with one exception) of his inviting 
any of us to dinner, but I have a lively recollection 
that our box being near the bench at Guildhall, while 
the counsel were speaking he would bring the record 
to us and explain the issues joined upon it which the 
jury were to try. 1 

I. The following anecdote I have heard related of Lord Kenyon 
by and before very decent people, and it ought not to be lost, as it 
illustrates his character and the manners of the age in which he 
flourished. In those days retiring-rooms for the use of the Judges 
were unknown, and a porcelain vase, with a handle to it, was placed 
in a corner of the Court at the extremity of the bench. In the King's 
Bench at Guildhall the students' box (in which I myself have often 
sat) was very near this corner. One day a student who was taking 
notes, finding the ink in his little ink-bottle very thick, used the 
freedom secretly to discharge the whole of it into my Lord's porcelain 
vase. His Lordship soon after having occasion to come to this cor- 
ner, he was observed in the course of a few moments to become 
much disconcerted and distressed. In truth, discovering the liquid 
with which he was filling the vase to be of a jet black color, he 
thought the secretion indicated the sudden attack of some mortal 
disorder. In great confusion and anguish of mind he returned to 
his seat and attempted to resume the trial of the cause, but finding 
his hand to shake so much that he could not write, he said that on 
account of indisposition he was obliged to adjourn the Court. As he 
was led to his carriage by his servants, the luckless student came up 
and said to him, " My Lord, I hope your Lordship \.ill excuse me, 
as I suspect that I am unfortunately the cause of your Lordship's 
apprehensions." He then described what he had done, expressing 
deep contrition for his thoughtlessness and impertinence, and saying 




TRIAL OF WARREN HASTINGS. 



LIFE OF LORD KENYON. 

When placed at the head of the common law Lord 

Kenyon affected to talk rather contiimeliously of the H f'f 

* rebuked by 

Equity Courts. A suitor against whom he had decided, Timriow 

* fordis- 

threatened to file a bill of discovery. "Go to Chan- parading 
eery!" exclaimed the Chief Justice, ''Abi in nialam rcw." t,t ci>an- 
Lord Thurlow meeting him soon after, said to him, solicitors. 
"Taffy, when did you first think that the Court of 
Chancery was such a mala res? I remember that you 
made a very good thing of it. And when did solicitors 
become so very odious as I am told you now represent 
them ? When they gave you briefs you did not treat 
them as such atrocious ruffians." 

We have nothing to say of Lord Kenyon as an 
orator or statesman more than as a philosopher. He had 
no high opinion of Mr. Pitt, to whom he was indebted 
for his elevation and he complained that this leader, 
even after being in office, professed a love for Parlia- 
mentary reform, and actually carried through Fox's 
Libel Bill. He declared that he himself was a loyal kn d yon - s 
subject not a political partisan. He expressed the^p e J r 
most unbounded admiration of the character of George 
III. This he made the subject of his constant eulogy 
in his addresses to grand juries on the circuit and, it 
being contrary to etiquette for the bar to be present on 
these occasions, so that the same address may be con- 
stantly repeated, he used to sound the royal praises 
nearly in the same language, and always to conclude 
with this quotation from Scripture " Our good King 
may say with Samuel of old, ' Whose ox have I taken? 
Whose ass have I taken? Whom have I defrauded?' " 

that he considered it his duty to relieve his Lordship's mind by this 
confession. Lord Kenyon: " Sir, you are a man of sense and a 
gentleman dine with me on Sunday." 

Lord Ellenborough pursued the same practice. I myself have 
often heard his large seals dangling from his watch-chain rattle 
against the vase, as he took it in his hand coram pofu'.o, decorously 
turning his back upon them. 



REIGN OF GEORGE III. 

I" consequence of this warm attachment, George III. 
His had a high opinion o Lord Kenyon, notwithstanding 

"> the jokes about his bad Latin and his bad temper, and 

(if, IT-,- III. J 

lint,- the subject ol Catholic Emancipation arising, addressed 
the Catho- , . , ,, . , 

lie ques- to him the following letter : 

till!). 

" Queen's House, March 7, 1795. 

" The question that has been so improperly patronized by 
the Lord Lieutenant of Ireland seems to me to militate against 
the Coronation Oath and many existing statutes. I have 
therefore stated the accompanying queries on paper, to which 
I desire the Lord Kenyon will, after due consideration, state 
his opinion, and acquire the sentiments of the Attorney General 
on this most important subject." 

The following was the reply : 

" Lord Kenyon received your Majesty's commands when 
he was in the country. He came immediately to town, and 
encloses what has occurred to him on the question. He has 
conferred with the Attorney General, and believes there is not 
any difference in opinion between them. They are neither of 
them apprized what was the extent of the alteration meditated 
to be made in Ireland. 

" Your Majesty's most obliged and dutiful subject, 

" KENYON." 

" So long as the King's supremacy and the doctrine, dis- 
cipline, and government of the Church of England are preserved 
as the National Church, and the provision for its ministers 
- kept as an appropriated fund, it seems that any ease given 
to sectarists would not militate against the Coronation Oath 
or the Act of Union. Though the Test Act appears to be a 
very wise law, and in point of sound policy not to be departed 
from, yet it seems that it might be repealed or altered without 
any breach of the Coronation Oath or Act of Union." 

Another interrogatory came from his Majesty to 
the Chief Justice: 

" The King is much pleased with the diligence shown by 
the Lord Kenyon in answering the question proposed to him, 
and wishes his further opinion on the state of the question in 



LIFE OF LORD KENYON. 

Ireland, as drawn up by a Right Reverend Prelate of that 
kingdom, and on the Petition of the Roman Catholics." 

The response was rather oracular: 

"The Petition expresses apprehensions of 'proscription, 
persecution, and oppression.' All grounds of such apprehen- 
sions, if such there really are, may be safely removed, if the 
late benefits which the Petition admits have not removed them, 
without endangering the Established Church or violating 
the Coronation Oath." 

It was greatly to the credit of Lord Kenyon that he 
went so far in combating the mischievous notions that 
had been infused into the royal mind, and if the opinion 
then expressed had been acted upon at the time of the 
Irish Union, it would have saved a world of woe 
to the empire. 

Lord Kenyon, like all the other judges of his day, Lord 
highly approved of the severity of the penal code, and forasevere 
would have thought the safety of the state endangered Eut'not'a 6 ' 
by taking away the capital sentence from forgery, or judge? 1 '" 6 
from stealing to the amount of five shillings in a shop. 
Yet he was not such a " hanging judge " as some of his 
colleagues. A barrister : once related the following 
anecdote in a debate in the House of Commons : 

" On the Home Circuit a young woman was tried for steal- 
ing to the amount of forty shillings in a dwelling-house. It 
was her first offence, and was attended with many circum- 
stances of extenuation. The prosecutor came forward, as he 
said, from a sense of duty ; the witnesses very reluctantly gave 
their evidence ; and the jury still more reluctantly their verdict 
of guilty. The Judge passed sentence of death. The un- 
happy prisoner instantly fell lifeless at the bar. Lord Kenyon, 
whose sensibility was not impaired by the sad duties of his 
office, cried out in great agitation from the bench, ' I don't 
mean to hang you ! will nobody tell her I don't mean to hang 
her?' I then felt, as I now feel, that this was passing sentence 
not on the prisoner, but on the law." 

i. Edward Morris, Esq., afterwards a Master in Chancery. 



IO REIGN OF GEORGE III. 



Lord Kenyon very seldom wrote his judgments. 
Specimen J n delivering them his language was sometimes forcible, 
Kenyon's but arranged without the slightest regard to the rules 

love of 

mixed of composition. In spite of the softening efforts of his 

metaphors. 

reporters in harmonizing his mixed metaphors, we have 
specimens of his style preserving share a great of its 
raciness. Thus he fortifies one of his favorite maxims, 
which Lord Eldon says was constantly in his mouth, 
Amo stare supra antiquas vias ' " If an individual can 
break down any of those safeguards which the consti- 
tution has so wisely and so cautiously erected, by 
poisoning the minds of the jury at a time when they are 
called upon to decide, he will stab the administration of 
justice in its most vital parts." But some of the stories 
circulated respecting his historical allusions and quota- 
tions must have been exaggerations or pure inventions. 
Thus Coleridge in his 'Table Talk' relates that Lord 
Kenyon in addressing the jury in a blasphemy case, 
after pointing out several early Christians who had 
adorned the Gospel, added "Above all, gentlemen, 
need I name to you the Emperor Julian, who was so 
celebrated for the practice of every Christian virtue, 
that he was called JULIAN THE APOSTLE ?" So in the 
collection of legal anecdotes, entitled ' Westminster 
Hall,' the noble and learned Lord is represented as 
concluding an elaborate address, on dismissing a grand 
jury, with the following valediction : " Having thus 
discharged your consciences, gentlemen, you may retire 
to your homes in peace, with the delightful conscious- 
ness of having performed your duties well, and may 
lay your heads upon your pillows, saying to yourselves, 
' Aut Caesar aut nullus.' " In exposing the falsehood of 
a witness he is supposed to have said, " The allegation 
is as far from truth ' as old Booterium from the North- 

I. Twiss's Life of Lord Eldon. 



LIFE OF LORD KENYON. II 

ern Main ' a line I have heard or met with God C " A . P - 

A.L, V > 

knows wheer" [his mode of pronouncing where}. 1 

Before parting with Lord Kenyon's public charac- {^"J , s 
ter, I ought to mention that although he never re- Reports, 
turned to poetry after his early flight during his appren- 
ticeship, he left reports of cases begun by him while a 
student, and these being edited and published by his 
relation, Mr. Job Hammer, inscribe his name in the list 
of " noble and royal authors," but I cannot say that 
they were of much value to the profession, or that they 
confer great glory upon his order. 

I have enlivened former Lives of Chancellors and 
Chief Justices by their facctia but 1 know nothing 
of this sort, either by books or tradition, attributed to 
Lord Kenyon, except his address to Mr. Abbot 3 (after- 
wards Speaker and Lord Colchester). This pompous 
little man, while holding under him the office of Clerk 
of the Rules, was proceeding, as chairman of a com- 
mittee of the House of Commons, to examine him very 

1. Townsend, vol. i. p. 91. 

2. Charles Abbot, Lord Colchester, was born at Abingdon, Berk- 
shire, Oct. 14, 1757, and elected from Westminster School to Christ 
Church, Oxford. After being called to the bar he practised with 
considerable success. In 1795 he entered parliament as member for 
Helston, and after having rendered himself particularly conspicuous 
by his fervent support of the Seditious Meetings Bill he was ap- 
pointed chairman of the finance committee. In 1801 he brought in 
the Population Bill, and on the formation of the Addington cabinet 
was appointed Chief Secretary for Ireland and keeper of the privy 
seal. He had already commenced a reform in the Irish government 
offices when he was elected Speaker of the House of Commons Feb., 
1802. He gave his casting vote against Lord Melville in 1805, and 
during the debate on the Relief Bill in 1815 spoke warmly against 
the clause for admitting Catholics to the legislature. Two years 
afterwards a severe attack of epilepsy compelled him to resign the 
chair, on which occasion he was called to the House of Peers by the 
title of Baron Colchester and granted a pension of 4OOO/. a year. 
Died May 8. 1829. With him originated the Royal Record Commis- 
sion, the institution of the Private Bill Office, and an improvement 
in the printing of the votes. Some of his speeches have been 
printed; also a work by him on "The Practice of the Chester Cir- 
cuit." Cooper s Biog. Diet. 



12 REIGN OF GEORGE III. 

C XLV.' minutel y upon the delicate subject of the perquisites of 
the Chief Justice. The offended Judge having de- 
murred to answer any further, and being reminded in 
a solemn manner of the authority of the House of 
Commons, at last broke out, " Sir, tell the House of 
Commons that I will not be yelped at by my own turn 
spit." Of his other recorded sayings I can find nothing 
more pointed than that in complimenting Serjeant 
Shepherd, 1 he said, " He has no rubbish in his head " 

I. Sir Samuel Shepherd (1760-1840), lawyer, born on April 6, 1760, 
was the son of a jeweller in London, a friend of Garrick, and a dab- 
bler in poetry. An epigram by the father is quoted in the Gentle- 
man's Magazine, 1805, i. no. The boy was at the Merchant Taylors' 
school from 1773 to 1774, and was then at a school at Chiswick, 
probably that of Dr. William Rose. In July. 1776, he was entered 
at the Inner Temple, where he became pupil of Serjeant Charles 
Runnington, who married his sister in 1777. On Nov. 23, 1781, he 
was called to the bar. Shepherd went the home circuit, and soon 
acquired a considerable practice both on circuit and in the Court of 
Common Pleas. Lord Mansfield complimented him, Buller gave 
him sound advice, and Kenyon remarked " he had no rubbish in his 
head." With Erskine he spent many long vacations in travel. 
About 1790 he began to suffer from deafness, and this infirmity in- 
creased as years passed away. In 1793 he declined the dignity of 
King's counsel, but he was created Serjeant at law in Easter term, 
1796, and in the following Trinity term became King's Serjeant. On 
the death of Serjeant Cockell he rose to be King s ancient Serjeant. 
The Prince of Wales made Shepherd his Solicitor General in June, 
1812, and about Christmas. 1813, he was appointed Solicitor General 
to the Crown. He was knighted on May n, 1814, and in the spring 
of 1817 was made Attorney General. From April n, 1813, to June, 
1819, he sat in parliament for Dorchester. In the House of Com- 
mons he brought in the Foreign Enlistment Bill and the bill abolish- 
ing " the wager of battle and the right of appeal in felony." In the 
law courts his chief cases were the prosecution in June, 1817, of 
James Watson for high treason at the Spa Fields meeting in the pre- 
vious December (" State Trials," xxxii. 26-56), and that of Richard 
Carlisle for publishing Paine's " Age of Reason." By common con- 
sent Shepherd was a sound lawyer, who but for his physical defect 
could have filled to general satisfaction the highest positions in his 
profession. He refused the two offices of Chief Justice of the King's 
Bench and of the Common Pleas, which became vacant in the long 
vacation of 1818, as he had made up his mind " never to accept a 
judicial office involving the trial of prisoners." The objection did 
not apply to the post of Lord Chief Baron of the Court of Exchequer 
in Scotland, which he held from June, 1819, to February, 1830. He 



LIFE OF LORD KEN YON. 13 



that a flippant observation being made by a witness 
respecting a letter supposed to come from a young 
lady, he said, " Turn the minion out of court," and 
that when he detected the trick of an attorney to delay 
a trial, he said, " This is the last hair in the tail of pro- 
crastination, and it must be plucked out." 

When not enjrasred in his judicial duties, Lord Ken- *. Iis P enu : 

J nous mode 

yon led the life of a recluse. He occupied a large, of life - 
gloomy house in Lincoln's Inn Fields, in which I have 
seen merry doings when it was afterwards transferred 
to the Verulam Club. I have often heard this tradi- 
tional description of the mansion in his time " All the 
year through, it is LENT in the kitchen, and PASSION 
WEEK in the parlor." Some one having mentioned, 
that although the fire was very dull in the kitchen 
grate, the spits were always bright " It is quite irrele- 
vant," said Jekyll, " to talk about the spits, for nothing 
TURNS upon them." Although there was probably a 

was raised to the privy council on July 23, 1819. Shepherd became 
very popular in Edinburgh society, and was on terms of close inti- 
macy with Sir Walter Scott, who praises " the neatness and preci- 
sion, closeness and truth," of his conversation, the perfect good 
humor and suavity of his manner, " with a little warmth of temper 
on suitable occasions." Scott never saw a man so patient under 
such a distressing malady. Ill health forced Shepherd to resign his 
post in 1830, when he retired, to the deep regret of Edinburgh 
society, to a cottage at Streatley in Berkshire, where he owned a 
small property. For the last three years of his life he was blind. 
He died on Nov. 3, 1840, and was buried in the churchyard of 
Streatley, where a monument was erected to his memory. Lord 
Campbell praises his knowledge of English literature. He and his 
friend William Adam, Lord Chief Commissioner of the Jury Court, 
presented in 1834 to the liannatyne Club, of which they were mem- 
bers, a volume of the " Ragman Rolls" (1291-1296). He was also a 
member of the Blair-Adam Club, of which William Adam and Sir 
Walter Scott were leaders, and joined in the club's annual excursions; 
but his alarm at the Scotch "crags and precipices" once drew from 
Scott a tirade against cockneyism. A portrait of him was pub- 
lished on April 24, 1812. by J. D. Montague of Southwark. He mar- 
ried, in 1783, a Miss White whom Scott pronounced "fine and 
fidgety." She died at Hyde Park Terrace, London, on March 24, 
1833, aged n.Dict. Nat. .Biag. 



14 REIGN OF GEORGE III. 

*XLV P ' S 00 ^ d ea l of exaggeration in these jests, there can be 
no doubt that Lord Kenyon deserved censure for the 
meanness of his mode of living, and his disregard of 
decent hospitality. The state conferred the liberal 
emoluments of Chief Justice upon him as a trustee so 
far as that he should support the dignity of his station 
that he should bring together at his board the deserv- 
ing members of the important profession over which 
he was appointed to preside and that he should repre- 
sent the country to illustrious foreigners who came to 
study our juridical institutions. Lord Kenyon's dinner- 
parties consisted of himself, Laclv Kenyon, his children, 
and now and then an old attorney ; and the very mod- 
erate weekly bills for such a menage being paid (which 
they were most punctually), the accumulations were 
vested in the 3 per cents., till they were sufficient to 
buy another Welsh farm. Lord Kenyon's hours would 
not well have suited fashionable company ; for, rising at 
six in the morning, he and all his household were in 
bed by ten at night. He is said to have built a com- 
fortable house at Gredington, to which he retired in 
HIS viiia at the long vacation. Under the name of villa, he had a 
'miserable tumble-down farm-house at the Marsh Gate, 
about half a mile on this side of Richmond, which is still 
pointed out as a proof of his economy. The walls are 
mouldering, and by way of an ornamental piece of 
water may be seen near the door a muddy duck-pond. 
In Lord Kenyon's time it was guarded by a half-starved 
Welsh terrier, which was elevated into a higher order 
of the canine race when the following lines were ap- 
plied to the establishment: 

" Benighted wanderers the forest o'er 

Cursed the saved candle and unopened door ; 
While the gaunt mastiff growling at the gate 
Affrights the beggar whom he longs to eat." 

To this place the family came regularlv on Saturday 
evenings, after a slight repast in town, bringing with 



LIFE OF LORD KENYON. 15 

them a shoulder and sometimes a leg of mutton, which 
served them for their Sunday dinner. On Monday 
morning the Chief Justice was up with the lark, and 
back in Lincoln's Inn Fields before the lazy Londoners 
were stirring. We have the following amusing account 
of one of these journeys from a barrister who was 
patronized by him : 

" An old coach came rumbling along and overtook me on 
the road to London from Richmond. It was one of those 
vehicles that reminded me of a Duke or Marquis under the old 
regime of France, rivalling in indigence and want the faded 
finery of his wardrobe. Its coronet was scarcely discoverable, 
and its gildings were mouldy ; yet it seemed tenacious of what 
little remained of its dignity, and unwilling to subside into a 
mere hackney coach. I believe I might have looked rather 
wistfully at it (I was then a poor barrister, briefless and speech- 
less, in the back rows of the conrt), when I perceived a head 
with a red nightcap suddenly pop out from the window, and 
heard myself addressed by name, with the offer of a cast 
to London. It was Lord Kenyon. He made the journey 
quite delightful by charming anecdotes of the bar in his own 
time of Jack Lee, Wallace, Bower, Mingay, Howorth, the last 
of whom was drowned, he said, on a Sunday water-excursion 
in the Thames. The good old man was evidently affected by 
the regrets which his name awakened, and they seemed the 
more poignant because his friend was called to his account in 
an act of profanation. ' But it was the sin of a good man,' he 
observed, ' and Sunday was the only day a lawyer in full busi- 
ness could spare for his recreation.' " * 

The red nightcap had been worn to save his wig. His dress. 
He was curiously economical about the adornment of 
his head. It was observed for a number of years before 
he died, that he had two hats and two wigs of the hats 
and the wigs one was dreadfully old and shabby, the 
other comparatively spruce. He always carried into 
Court with him the very old hat and the comparatively 
spruce wig, or the very old wig and the comparatively 

I. Clubs of London. 



l6 REIGN OF GEORGE III. 

spruce hat. On the days of the very old hat and the 
comparatively spruce wig he shoved his hat under the 
bench, and displayed his wig ; but on the days of the 
very old wig and the comparatively spruce hat, he 
always continued covered. 1 have a verv lively recol- 
lection of having often seen him sitting with his hat 
over his wig ; but I was not then aware of the Rule of 
Court by which he was governed on this point. 1 

The rest of Lord Kenyon's apparel was in perfect 
keeping with his coiffure. " On entering Guildhall," 
says Espinasse, " Pope's lines in the Dunciad came 
across me, and I quoted them involuntarily : 

' Known by the band and suit which Settle wore, 
His only suit for twice three years and more.' 

" Erskine would declare that he remembered the great- 
coat at least a dozen years, and Erskine did not exaggerate 
the claims of the coat to antiquity. When I last saw the 
learned Lord, he had been Chief Justice for nearly fourteen 
years ; and his coat seemed coeval with his appointment to 
the office. It must have been originally black, but time had 
mellowed it down to the appearance of a sober green, which 
was what Erskine meant by his allusion to its color. I have 
seen him sit at Guildhall in the month of July in a pair of 
black leather breeches ; and the exhibition of shoes frequently 
soled afforded equal proof of the attention which he paid to 
economy in every article of his dress." 

In winter he seems to have indulged in warmer 
garments; for James Smith, 2 author of the " Rejected 

1. Till the middle of the last century the Chancellor is always 
represented with his hat on. In early times it was round and conical ; 
and such was Lord Keeper Williams's, although he was a bishop. In 
Anne's reign three-cornered hats came up. The black cap of the com 
mon law judges, which has remained unchanged for many ages, is 
square. With this they used always to be covered ; but they wear it 
now only when passing sentence of death. 

2. Horace and James Smith, English humorists and miscella- 
neous writers, born in London, the former about 1780, the latter in 
1775. They first became known by their contributions to The Pic- 
Nic, the London Review, and the Monthly Mirror ; the poems en- 
titled " Horace in London," in the last-named periodical, being 



LIFE OF LORD KENYON. 17 

Addresses," describing him in Michaelmas term, says 
" But we should not have his dress complete were we 
to omit the black velvet smalls worn for many years, 
and threadbare by constant friction, which he used to 
rub with most painful assiduity when catechizing the 
witness. The pocket-handkerchief found in the second- 
hand silk waistcoat which he bought from Lord Stor- 
mont's valet being worn out, he would not go to the 
expense of another, and, using his fingers instead, he 
wiped them upon his middle garment, whether of 
leather or of velvet." 

According to other accounts this change in his 
habits did not begin till the imposition of the Income 
Tax by Mr. Pitt. Said Rogers the poet, " Lord Ellen- 
borough had infinite wit. When the Income Tax was 
imposed, he stated that Lord Kenyon (who was not 
very nice in his habits) intended, in consequence of it, 
to lay down his pocket-handkerchief." ' 

mostly written by James Smith. In 1812 they brought out their 
" Rejected Addresses," composed on the occasion of the opening 
of the new theatre at Drury Lane, the committee of which had 
requested a number of addresses to be sent in, one of which should 
obtain the prize. These poems, which are humorous imitations of 
Coleridge, Wordsworth, Byron, Scott, Crabbe, and other prominent 
writers of the time, met with brilliant success, and passed rapidly 
through numerous editions. James Smith wrote for the so-called 
" entertainments " of Charles Mathews " Trips to Paris," " Country 
Cousins," and other comic sketches. He died in 1839, ar >d his 
"Memoirs, Letters," etc., were published by his brother in 1840. 
Among the other works of Horace Smith we may name the novels 
of " Brambletye House," "The Moneyed Man," and " Love and 
Mesmerism." Died in 1849. Thomas's Biog. Diet. 

I. Table Talk of Samuel Rogers, p. 196. 

Samuel Rogers, F.R.S., F.S.A., a poet, wit, and patron of art, 
born July 30, 1763, at Stoke Newington, Middlesex. His father was 
a London banker, and an eminent man among the dissenters. At a 
very early period of life young Rogers applied himself to the study 
of art and letters, which he perfected by extensive foreign travels. 
His first published essay in poetry was an " Ode to Superstition, 
with some other Poems," 1786. In 1792 appeared "The Pleasures 
of Memory," a poem in two parts, written in English heroics, with 
rhyme and with great elegance of language and correctness of 
thought This work was the means of introducing him to Mr. Fox, 



18 REIGN OF GEORGE III. 

S!LV.' If we can belleve ms immediate successor, who had 
directing a fair character ^ r veracity, Lord Kenyon studied 
hisexecu- economy even in the hatchment put up over his house 

tors to 

avoid the in Lincoln's Inn Fields after his death. The motto was 
of a certainly found to be "MoRS JANUA YIT.J " this bein- 

diphthong. - 

at hrst supposed to be the mistake of the painter. But 
when it was mentioned to Lord Ellenborough, " Mis- 
take ! " exclaimed his Lordship, " it is no mistake. The 
considerate testator left particular directions in his will 
that the estate should not be burdened with the ex- 
pense of a diphthong! " 

Accordingly he had the glory of dying very rich- 
After the loss of his eldest son, he said with great 
emotion to Mr. Justice Allan Park, who repeated the 
words soon after to me "How delighted George 
would be to take his poor brother from the earth, and 
restore him to life, although he receives 250,0007. by 
his decease ! " 
His de- He was succeeded by this son George, a most warm- 

scendants. . 

hearted, excellent man to whom it may be easily for- 
given that he considers the founder of his house a 
model of perfection, not only in law, religion, and 

an introduction that colored the whole career of the poet, for no one 
could be ten minutes in Rogers's company without hearing some 
friendly reference to the name of Fox. The death of his father in 
1793 left him in the possession of an ample fortune, and shortly 
afterwards he retired from active participation in business. His 
third publication, and his masterpiece, in the opinion of many, was 
his " Epistle to a Friend, and other Poems," 1798. In 1812 he pub- 
lished another poem, the " Voyage of Columbus," which met with 
indifferent success. This was followed by " Jacqueline, a Tale," 
1814; and "Human Life," 1819. His last and largest publication 
was his descriptive poem of " Italy," 1822, which passed through 
several editions. He dedicated the remainder of his literary life to 
the publication of exquisitely illustrated editions of his " Italy" and 
his " Poems." For more than half a century he figured in the fore- 
most rank of London literary society. It may indeed be doubted 
whether any English poet ever lived so much in the eyes of men and 
women as the Banker Bard of St. James's Place, where he pitched 
his tent in 1803. Rogers's " Table Talk " was published shortly after 
his death, which occurred Dec. 18, 1855. Cooper's Biog. DUt. 



LIFE OF LORD KENYON. 19 

morals, but in manners, habits, and accomplishments. 
To spare the feelings of one so pious, I resolve that this 
Memoir shall not be published in his lifetime, although 
I believe that it is chargeable with a desire to extenuate 
rather than to set down aught in malice. 1 

I cannot say with a good conscience that the first 
Lord Kenyon was highly educated and every way well 
qualified to fill the office of Chief Justice; but he was 
earnestly desirous to do what was right in it ; and he 
possessed virtues which not only must endear him to 
his own descendants, but must make his memory be 
respected by his country. 

I. This Memoir was written in the lifetime of George, the second 
Lord Kenyon, with whom I was in habits of familiar intercourse. 
He died Feb. I, 1855, and was succeeded by his eldest son Lloyd, the 
third Lord, who I have heard does credit to the name he bears, but 
with whom I have not the honor of any acquaintance. 



20 REIGN OF GEORGE III. 



CHAPTER XLVI. 

LIFE OF LORD ELLENBOROUGH FROM HIS BIRTH TILL 
HIS MARRIAGE. 1 

CHAP. I NOW come to a Chief Justice with whom I have 
Feelings had many a personal conflict, and from whom for 

of the 

biographer several years I experienced very rough treatment, but 

mencing for whose memory I entertain the highest respect. He 

Lord was a man of gigantic intellect ; he had the advantage 

boro'igh. of the very best education which England could bestow ; 

he was not only a consummate master of his own pro. 

fession, but well initiated in mathematical science and 

one of the best classical scholars of his day ; he had 

great faults, but they were consistent with the qualities 

essentially required to enable him to fill his high office 

with applause. ELLENBOROUGH was a real CHIEF 

such as the rising generation of lawyers may read of 

and figure to themselves in imagination, but may never 

behold to dread or to admire. 

When I first entered Westminster Hall in my wig 
and gown, I there found him the " monarch of all he 
surveyed," and, at this distance of time, I can hardly 
recollect without awe his appearance and his manner 
as he ruled over his submissive subjects. But I must 
now trace his progress till he reached this elevation. 
His family. His lot by birth was highly favorable to his gaining 
distinction in the world affording him the best facili- 
ties and the strongest incentives for exertion. He was 

I. When I wrote this Memoir I was still Chancellor of the Duchy 
of Lancaster, and a member of Lord John Russell's Cabinet. 



LIFE OF LORD ELLENBOROUGH. 21 

the younger son of an English prelate of very great 
learning and very little wealth. His ancestors had 
long been " statesmen " in the county of Westmoreland 
that is, substantial yeomen cultivating a farm which 
was their own property, and which was transmitted 
without addition or diminution for many generations. 
At last one of them was admitted to holy orders with- 
out having been at any university, and acted as the 
curate of the mountainous parish in which his patri- 
mony lay. His son was the famous Dr. Edmund Law, 1 
Bishop of Carlisle, who having been sent early to St. 
John's College, Cambridge, highly distinguished him- 
self there, was elected a fellow of Christ's College, and 
became one of the shining lights of that society cele- 
brated under the name of the Zodiac. Before being 
raised to the episcopal bench, he was successively 
rector of Graystock and of Salkeld, Master of Peter- 
house, and a Prebendary of Durham. In politics, like 
many dignitaries of that day, he was a good Whig, 
although almost all the inferior clergy were Tories, or 
rather Jacobites. In religion he strongly inclined to 
the low Church part}', and was suspected of being 

I. Edmund Law, a learned bishop, born at Cartmel, Lancashire, 
1703. He was educated at Kendal, from whence he removed to St. 
John's College, Cambridge, where he took his bachelor's degree in 
1723, and soon after was elected fellow of Christ's College. In 1727 
he proceeded to the degree of master of arts, and in 1732 published 'a 
translation of Archbishop King's " Origin of Evil," with notes. He 
also, while at college, conducted a new edition of Stephens's Latin 
Thesaurus through the press. In 1737 he was presented to the 
rectory of Graystock, Cumberland. In 1743 he was promoted to the 
archdeaconry of Carlisle, which he resigned in 1756, on being chosen 
master of Peterhouse. About 1760 he was made librarian of the 
university, and some years afterwards was promoted to the arch- 
deaconry of Stafford and to a prebend in Lincoln Cathedral. In 
1768 he was advanced to the bishopric of Carlisle, where he died 
Aug. 14, 1787. He was the author of " Considerations on the Theory 
of Religion," " An Inquiry into the Ideas of Space, Time," etc. He 
also published an edition of Locke's works. Two of his sons came 
to be bishops, and one a judge. Cooper's Biog. Diet. 



22 REIGN OF GEORGE III. 

XLVI"' somewnat latitudinarian in some of the articles of his 
faith. He published various theological works, the 
most famous of which was a treatise "on the Inter- 
mediate State " inculcating the doctrine that the soul 
cannot be in active existence when separated from the 
body, and that it is therefore in a continuous sleep 
between death and the general resurrection. 1 He was 
married to Mary, daughter of John Christian, Esq., of 
Unerigg, in Cumberland, and by her had a family of 
twelve children, among whom were two Bishops and a 
Chief Justice. 

h' Edward, the subject of this memoir, was one of the 
youngest of them, and was born in the parsonage of 
Salkeld on the i6th of November, 1750. Resembling 
his mother much in features, he is said to have derived 
from her likewise his manners and the characteristic 
qualities of his mind. If the following description of 
the good Bishop be correct, they could not have 
descended upon the sarcastic Chief Justice ex parte 
paternd : 

" His Lordship was a man of great softness of manners, and 
of the mildest and most tranquil disposition. His voice was 
never raised above its ordinary pitch. His countenance seemed 
never to have been ruffled ; it invariably preserved the same 
kind and composed aspect, truly indicating the calmness and 
benignity of his temper. His fault was too great a degree of 
inaction and facility in his public station. The bashfulness of 
his nature, with an exteme unwillingness to give pain, rendered 
him sometimes less firm and efficient in the administration of 
authority than was requisite." : 

1. It is stated by Townsend (vol. i. 301) and other biographers, 
that he was likewise author of ' A Serious Call to the Unconverted,' 
but this very lively work, which should rather be designated ' True 
Religion made entertaining,' was written by WILLIAM LAW, born in 
Northamptonshire, and educated at Oxford, who was tutor to the 
father of Gibbon the historian, and ended his career by becoming u 
disciple of Jacob Behmen. Gibbon's Miscellaneous Works; Boswell's 
Lift of Johnson. 

2. Archdeacon Paley. 



LIFE OF LORD ELLENBOKOUGH. 23 

Yet our hero's "Christian " blood will not account ^HAP. 

\ 1 .. v I* 

for his irascibility, as he himself used to declare that in 
temper his mother was as admirable as the Bishop his 
father, and when he had reached old age he often 
expressed a fond respect for his memory. 

Little Ned, although often naughty, was the chief 
favorite of both his parents. He remained at home till 
he was eight years old, and not only his nurse but the 
whole family spoke their native dialect in such force, 
that he retained the Cumbrian pronunciation and 

accent to his dying hour. 1 Soon after he had been His educa- 
tion. 

taught to read, he was sent into Norfolk to live with his 
maternal uncle, the Rev. Humphrey Christian, a clergy- 
man settled at Docking, in that county. Having been At the 

Charter- 

a short time at a school of some repute at Bury house. 
St. Edmunds, he was removed to the noble foundation 
of the Charter-house in London.' To his solid acquisi- 
tions there he ever gratefully ascribed his subsequent 
eminence in public life, and there, by the special direc- 
tions of his will, his remains now repose near to those of 
the founder. 

Law continued at 'the Charterhouse six years, and 
rose to be Captain of the school. He used to say that 
while enjoying this dignity he felt himself a much more 
important character than when he rose to be Chief Jus- 
tice of England and a Cabinet Minister. At this early 
period he displayed the same vigor of character and the 
same mixture of arrogance and bonhomie which after- 
wards distinguished him. He was described by a 
classfellow who had alternately experienced harshness 
and kindness from him, as " a bluff, burly boy, at once 

1. For example, he called the days of the week " Soonda, Moonda, 
Toozeda, Wenzeda," &c. 

2. He was admitted a Scholar on the 22nd of January, 1761, upon 
the nomination of the Bishop of London (Dr. Sherlock), and elected 
an Exhibitioner 2nd May, 1767. 



24 REIGN OF GEORGE III. 



mo dy a "d good-natured ever ready to inflict a blow 
or perform an exercise for his schoolfellows." ' 
At D cam?' When he had reached the age of eighteen he was 
bridge. sen j- j o Cambridge and entered at Peterhouse, of which 
his father was still Master. He is said now to have 
occasionally indulged pretty freely in the dissipation 
which was then considered compatible with a vigorous 
application to study, but he never wasted his time in 
idle amusements ; over his wine he would discuss the 
merits of a classical author, or the mode of working a 
mathematical problem and when his head was cleared 
by a cup of strong tea, he set doggedly to work that he 
might outstrip those who confined themselves to this 
thin potation. 

He belonged to a club of which William Coxe,* then 
an undergraduate, afterwards an archdeacon, was the 
historiographer. The destined eulogist of Sir Robert 
Walpole thus, in flattering terms, described the future 
Chief Justice : 

" Philotes bears the first rank in this our society. Of 
a warm and generous disposition, he breathes all the 
animation of youth and the spirit of freedom. His 
thoughts and conceptions are uncommonly great and 
striking ; his language and expressions are strong and 
nervous, and partake ot the color of his sentiments. 

1. Capel Lofft. 

2. William Coxe, a successful English historian and writer of 
travels, horn in London in 1747. He became curate ot Denham in 
1771, after which he travelled on the continent as tutor of ihe Mar- 
quis of Blandford and other young members of the nobility. He 
published "Travels in Russia, Poland, Sweden, and Denmark" 
(1784), which are highly prized and interesting, and "Travels in 
Switzerland" (1789). He was appointed chaplain to the Tower about 
1796, and Archdeacon of Wilts in 1805. Among his most important 
works are a " History of the House of Austria" (1792), " Memoirs of 
Sir Robert Walpole" (3 vols., 1798), " Memoirs of the Kings of Spain 
of the House of Bourbon, 1700-1788" (3 vols., 1813), and " Memoirs 
of the Duke of Marlborough" (1817-19). Died in 1828. Thomas's 
Bio*. Diet. 



LIFE OF LORD ELLENBOROUGH. 2$ 

As all his views are honest and his intentions direct, he CHAP. 

XL. V I* 

scorns to disguise his feelings or palliate his sentiments. 
This disposition has been productive of uneasiness to 
himself and to his friends, for his open and unsuspecting 
temper leads him to use a warmth of expression which 
sometimes assumes the appearance of fiertt. This has 
frequently disgusted his acquaintance ; but his friends 
know the goodness of his heart and pardon a foible that 
arises from the candor and openness of his temper. 
Indeed he never fails, when the heat of conversation is 
over and when his mind becomes cool and dispassion- 
ate, to acknowledge the error of his nature, and, like a 
Roman Catholic, claim an absolution for past as well as 
future transgressions. Active and enterprising, he pur- 
sues with eagerness whatever strikes him most forcibly. 
His studies resemble the warmth of his disposition ; 
struck with the great, and sublime, his taste, though ele. 
gant and refined, prefers the glowing and animated 
conceptions of a Tacitus to the softer and more delicate 
graces of a Tully." 

I am afraid we must infer that in conversation he 
was rather overbearing, and that the love of sarcasm, 
which never left him, was then uncontrolled and made 
him generally unpopular. However, his straight- 
forward manly character, joined to his brilliant talents, 
procured him while at the University friends as well as 
admirers among whom are to be reckoned Vicary 
Gibbs, 1 Simon Le Blanc and Souldan Lawrence, after- 
wards his rivals at the bar and associates on the bench. 
While an undergraduate, by exercising the invaluable 
virtue of self-denial he was upon the whole very indus- 
trious, although he loved society, and said " the great- 

I. Sir Vicary Gibbs. an English judge, born at Exeter in 1752. He 
distinguished himself in the trials of Hardy, Home Tooke, and others 
for treason in 1794. He became Solicitor General in 1805 and At- 
torney General in 1807. He was appointed Chief Justiceof the Court 
of Common Pleas in 1813. Died in 1820. Thomas's Biog. Diet. 



26 REIGN OF GEORGE III. 



est stru ggl e he ever made was in leaving a pleasant 
party and retiring to his rooms to read." 

A.D. 1771. When the time approached for taking his bachelor's 
degree, it was confidently expected that he would be 
senior wrangler and first medallist. His elder brother, 
afterwards Bishop of Elphin, 1 to whom he was consid- 
ered much superior, had been second wrangler in a 
good year. Edward, however, was decidedly surpassed 
in the mathematical examinations by two men much 
inferior to him in intellect, but of more steady applica- 
tion. His disappointment was imputed to excess of 
confidence. He himself took it deeply to heart, and he 
pretended to be as much ashamed of being third 
wrangler as if he had got the " wooden spoon." His 
classical acquirements did carry off the first medai ; but 
his pride was by no means assuaged, and he continued 
for the rest of his days to scoff at academical honors. 
This feeling was embittered by his writing the two fol- 
lowing years for bachelors' prizes and gaining nothing 
beyond fifteen guineas, given by the members for the 

I. John Law (1745-1810), Bishop of Elphin, born in 1745, was eldest 
son of Edmund Law, Bishop of Carlisle, and brother of Edward Law, 
first Lord Ellenborough, and of George Henry Law, Bishop of Bath 
and Wells. John was educated at Charterhouse, and proceeding to 
Christ's College, Cambridge, graduated B.A. 1766, M.A. 1769, and 
D.D. 1782. He subsequently became a fellow of his college and took 
holy orders. He was appointed Prebendary of Carlisle in 1773 and 
archdeacon there in 1777. Five years later, in April, he went to 
Ireland as chaplain to William Henry Cavendish Bentinck, third 
Duke of Portland, Lord Lieutenant. Within a few months (August) 
he was appointed to the see of Clonfert, was translated to that of 
Killala in 1787, and to that of Elphin in 1795. Dr. William Paley, 
his successor in the archdeaconry, accompanied him to Ireland and 
preached his consecration sermon, which has been printed. Law 
died in Dublin March 18, 1810, and was interred in the vaults cf 
Trinity College Chapel. He married Anne, widow of John Thom- 
linson of Carlisle and of Blencogo Hall, Cumberland, but had no 
issue. Law published two sermons : i. Preached in Christ Church, 
Dublin, before the Incorporated Society, 1796. 2. Preached in St. 
Paul's Cathedral. London, at the meeting of the charity school 
children, 1797. He founded prizes for the study of mathematics in 
Dublin University. Diet. Nat. Biog, 



LIFE OF LORD ELLENBOROUGH. 27 

second best Latin Essay. Although his spoken elo- CHAP. 
quence was vigorous and impressive, he never could 
produce anything very striking when sitting down, 
unexcited, at his desk, and his written compositions, 
whether in Latin or English, were never remarkable 
either for lucid arrangement or purity of style. 

He continued to reside at Cambridge two years 
after taking his bachelor's degree, with a view to a 
fellowship, and these he used to describe as the least 
agreeable and least profitable of his life. He still had 
fits of application to severe study, but the greatest part 
of his time he now devoted to light literature, taking 
special pleasure in novels. He said he abominated 
such as ended unhappily but he read all indiscrim- 
inately, and while he luxuriated in Fielding 1 and Smol- 

i. Henry Fielding, born in 1707, was the third son of General 
Fielding, and great grandson of an Earl of Denbigh. His classical 
education was received at Eton ; and he afterwards studied law at 
Leyden, which, however, he was obliged to leave in his twentieth 
year, on failing to receive supplies from home. His father had a 
large family, and appears to have been neither rich nor frugal. The 
son was fairly left to shift for himself ; and, seeking his fortune in 
London, he found, as he says himself, that his choice lay between 
being a hackney writer and a hackney coachman. Composition for 
the stage was his first pursuit, by which he contrived to lead the life 
of a gay young man for about nine years, from 1727 to 1736. During 
this time he wrote eighteen plays of one sort or another, which, 
though admitted to be dramatic failures, show, in passages innumer- 
able, the same vigorous sense and shrewdness, the same keenness of 
wit, and the same acuteness of critical discernment which afterwards 
characterized his novels. His translated farce of " The Miser " and 
his " Mock Doctor " are now oftenest remembered ; but neither these 
nor his other comedies and farces possess nearly so much originality 
or spirit as his burlesque parodies on the tragic drama, among which 
" Tom Thumb" may be noted as being still by far the best thing of 
the kind in the English language. The audacity with which in his 
farces he satirized public characters is said to have been the main 
provocation which led the government to establish a censorship of 
acted plays. In 1736 he married an amiable young lady, with whom 
he received about isoo/., succeeding about the same time to an 
estate of 2OO/. a year in Derbyshire. He now retired to the country, 
where he lived with hospitable and careless extravagance, and found 
himself penniless in the course of three years. He returned to 
London, resumed his law studies, and was called to the bar. But he 



28 REIGN OF GEORGE III. 



< XLVI > ' ' ett> ^ rs> Sheridan's ' Sidney Biddulph ' was said to 
His choke have drawn " iron tears down Pluto's cheek." 

of a pro- 

fesiion. His father had much wished to have all his sons in 

had no success in the practice of his profession, for which, besides 
othercauses, he was now disqualified by frequent attacks of gout. To 
the anxieties and distresses of a precarious and scanty livelihood 
was soon added the deep grief caused by the death of his wife, to 
whom, and to his children, the good-hearted and improvident man of 
pleasure was warmly attached. For ten years he subsisted by mis- 
cellaneous literary drudgery. He made new attempts at dramatic 
writing ; he published many fugitive essays and tracts, engaged in 
political controversy as an active Whig partisan, and was the con- 
ductor and chief writer of three successive periodical papers aimed 
at the Jacobites and their principles. About 1742 he wrote " Joseph 
Andrews," the first of those novels on which his fame depends. 
Notwithstanding its frequent seriousness, this piece was intended to 
be, and in many points really is, a parody on the sentimentalism of 
Richardson's " Pamela." It was followed by " Jonathan Wild," a 
singular specimen of very vigorous but overdrawn irony. In 1749 
he received trom the government a small pension, and an appoint- 
ment as a justice of peace for Middlesex and Westminster. The 
office, as then regarded and administered, was decidedly one which a 
gentleman would not have accepted unless through necessity ; and 
it undoubtedly helped to degrade both Fielding's character and his 
feelings. Its duties, however, were discharged not only zealously, 
but with an honorable integrity and disinterestedness altogether new 
in the occupants of such places. He published an " Inquiry into 
the Increase of Thieves and Robbers," besides other treatises bearing 
on law ; he was a remarkably efficient police magistrate ; and one of 
his last achievements was the extirpating of several gangs of ruffians 
by whom London was infested. " The History of Tom Jones, a 
Foundling," was written very soon after Fielding had been forced to 
embark in these ungenial and harassing employments ; when his 
health was already quite broken ; and when, by his own public 
acknowledgment, the honesty with which he filled his office left him 
so poor that the benevolence of wealthy friends had been required 
for enabling him to subsist. It is not easy to understand the grounds 
on which "Tom Jones" has been defended against the charge of 
immorality ; but in point both of genius and skill in art it is the best 
novel ever written. It was followed in 1751 by " Amelia," which is 
very much inferior. The heroine is said to have been designed as a 
portrait of the author's second wife. In 1752 he attempted a new 
periodical, which drew him into quarrels with Smollett and other 
men of letters. His life was fast ebbing away : dropsy had been 
followed by jaundice and asthma. Ordered by physicians to a 
southern climate, he sailed for Lisbon and died there in October, 
1754, in the forty-eighth year of his age. He left behind him, besides 
other works, a spiritedly written account of his "Journey to 
Lisbon." Cyci. Univ. Biog. 



LIFE OF LORD ELLENBOROUGH. 29 

the church, but Edward was earnestly bent upon trying CHAP. 
his fortune at the bar, and had obtained leave to enter 
himself of Lincoln's Inn, 1 on the express condition that 
he was not to begin the study of the law till he had 
obtained a fellowship, and that, failing this, he should 
still take holy orders so that he might have something 
to depend upon for a subsistence beyond the precarious 
hope of fees. Meeting with some disappointments in 
academical promotion, he was strenuously urged to 
enter the Church, his father having become a bishop, 
with the power of giving him a living among the felis 
of Westmoreland ; but at last he was elected a fellow A.D. 1773. 
of Trinity College, and the Chief Justiceship was open 
to him. 

It was a fortunate circumstance for him that he 
embraced the profession of the law against the earnest 
wishes of a father whom he sincerely respected and 
loved. He thus took a tremendous responsibility upon 
himself, and had the most powerful motives for exer- 
tion, that he might justify his own opinion and soothe 
the feelings of him whose latter days he hoped to see 
tranquil and happy. He spurned the idea of retreating 
upon the Church after a repulse by the Law, and he 
started with the dogged resolution to overcome every 
difficulty which he might encounter in his progress- 
Having obtained a small set of chambers in Lincoln's "' ^ dies 
Inn, he forthwith in good earnest began the study 

I. "LINCOLN'S INN. Adm-B.6 ( 

EDWARD LAW, Gentleman, of S' Peter's College, Cam- fo 139 j 
bridge, third son of the Right Rev" 1 Father in God, Edmond Lord 
Bishop of Carlisle, is admitted into the Society of this Inn the io lh 
day of June, in the Ninth year of the Reign of our Sovereign Lord 
George the Third, by the Grace of God, of Great Britain, France, and 
Ireland, King, Defender of the Faith, and in the year of our Lord 
1769, and hath thereupon paid to the use of this Society the sum o 
Three pounds three shillings and four pence. 

Admitted by 

R B SPOONER." 



30 REIGN OF GEORGE III. 

CHAP. o f jurisprudence, not contenting himself with the lucid 
page of Blackstone and the elegant judgments of Mans- 
field, but vigorously submitting to whatever was most 
wearisome and most revolting if considered necessary 
to qualify him for practice at the English bar. Deter- 
mined to be a good artificer, he did not dread " the 
smoke and tarnish of the furnace." 

" Moots " and " Readings" having long fallen into 
disuse, the substituted system of pupilizing had been 
firmly established well adapted to gain a know ledge of 
practice, but not of principles. A student intended for 
the common-law courts was expected to work at least 
two years in the office of a special pleader, copying 
precedents, drawing declarations and pleas, and having 
an opportunity of seeing the run of his master's business. 
The most distinguished instructor in this line at that 
time was George Wood, 1 on whom Lord Mansfield 

I. Mr. Baron Wood was a native of Roystone, near Barnsley, in 
Yorkshire, his father residing as the clergyman there. He was born in 
1740, and being intended for the junior branch of the legal profes- 
sion was articled to Mr. West, an attorney at Cawthorne. He was 
so assiduous in his studies and showed so much ability during his 
articles that at the end of them his master urged him to try his 
fortune at the bar. This advice he fortunately took, and coming to 
London he pursued the usual course of preparation at the Middle 
Temple, and commenced as a special pleader on his own account. 
He soon got into full practice, and established such a reputation that 
pupils flocked to him. Among them he gave the initiatory instruc- 
tions to Mr. Law, afterwards Lord Ellenborough, in 1773: to Mr., 
afterwards Lord, Erskine, in 1779 ; and to Mr. Abbott, afterwards 
Lord Tenterden, in 1787, besides many others of the most eminent 
lawyers of the day. So great was his celebrity as a master of the 
science that when he was called to the bar he was engaged on the 
part of the Crown in all the state prosecutions commencing in 
December, 1792. He joined the northern circuit and was as success- 
ful in his practice in the country as he was in Westminster Hall. 
Two stories are told of which he was the hero. On proceeding in a 
post-chaise to join the circuit with Mr. Holroyd they were addressed 
by a gentleman of fashionable appearance, who begged to know 
" what o'clock it was." Mr. Wood politely taking out a handsome 
gold repeater to answer the question was immediately met bv the 
presentation of a pistol to his breast, and a demand of the watch, 
which of course he was obliged to resign to the interrogator. The 



LIFE OF LORD ELLENUOROUGH. 31 

made the celebrated special-pleading joke about his 
horse demurring when he should \\avegone to the country? 
In his office, Law, by great interest, obtained a desk, 
and he could soon recite the " money counts " as readily 
as his favorite poem of ABSALOM AND ACIIITOPIIEL. 
We may form a lively notion of his habits and his H e ' 
sentiments at this period from the following letter JS* 
which, at the conclusion of a sitting of many hours in offic 
Mr. Wood's chambers, he wrote to his friend Coxe, 
then a private tutor to a young nobleman: 

" June i8th, 1773 Temple, Friday night. 
" After holding a pen most of the day in the service 
of my profession, I will use it a few minutes longer in 
that of friendship. I thank you, my dearest friend, for 

consequence was that he could never appear in court without some 
learned brother calling out to him, " What's o'clock, Wood ?" .... 
A character so distinguished for legal erudition was not likely to be 
long neglected by those whose duty it was to supply the vacancies on 
the bench. Mr. Wood accordingly received his promotion as a baron 
of the Exchequer in April, 1807, and was knighted soon after. He 
performed his judicial functions for nearly sixteen years with great 
advantage to the community and with all the credit to himself 
which was anticipated from his previous career. In February, 1823, 
he resigned his seat to Mr. Serjeant Hullock, and lived little more 
than a year afterwards. His death occurred on July 7, 1824, at his 
house in Bedford Square ; and he was buried in the Temple Church. 
He printed for private circulation some valuable " Observations on 
Tithes and Tithe Laws," discussing the subject with great shrewd- 
ness and ability. This treatise was afterwards published, and the 
principle he recommended for the arrangement of the charge was 
partially adopted in the bill for the commutation of tithes. Pass's 
Judges of England. 

i. George, though a subtle pleader, was very ignorant of horse 
Jlfsfi, and had been cruelly cheated in the purchase of a horse on 
which he had intended to ride the circuit. He brought an action on 
the warranty that the horse was " a good roadster, and free from 
vice." At the trial before Lord Mansfield, it appeared that when the 
plaintiff mounted at the stables in London, with the intention of 
proceeding to Barnet, nothing could induce the animal to move 
forward a single step. On hearing this evidence, the Chief Justice 
with much gravity exclaimed, "Who would have supposed that Mr. 
Wood's horse would have JemurreJ when he ought to have gone to the 
country?" Any attempt to explain this excellent joke to lay gents. 
would be vain, and to lawyers would be superfluous. 



32 REIGN OF GEORGE III. 

CHAP. thj s anc ] every proof of confidence and affection. Let 
us cheerfully push our way in our different lines: the 
path of neither of us is strewed with roses, but they 
will terminate in happiness and honor. I cannot, how- 
ever, now and then help sighing when I think how 
inglorious an apprenticeship we both of us serve to 
ambition while you teach a child his rudiments and I 
drudge at the pen for attorneys. But if knowledge 
and a respectable situation are to be purchased only on 
these terms, I, for my part, can readily say ' hac mer- 
cede placet.' Do not commend my industry too soon ; 
application wears for me at present the charm of 
novelty ; upon a longer acquaintance I may grow tired 
of it." 

On the contrary, he became fonder and fonder of it. 
The tautological jargon still used in English law pro- 
ceedings is disgusting enough, but in the exquisite 
logic of special pleading rightly understood, there is 
much to gratify an acute and vigorous understanding. 
The methods by which it separates the law from the 
facts, and having ascertained the real question in con- 
troversy between the parties, refers the decision of it 
either to the judges or to the jury, favorably distinguish 
our procedure from that of any other civilized nation, 
and have enabled us to boast of a highly satisfactory 
administration of justice without a scientific legal code. 
Law continued working very hard as a special- 
pleading pupil for two years. During this period he 
not only grew to be a great favorite with his instructor, 
but the attorneys who frequented Mr. Wood's cham- 
bers became acquainted with his assiduity and skill. 
The pleadings settled by Mr. Wood and the opinions 
signed by him were generally written in a very large, 
bold, pot-hook hand, which they discovered to be Mr. 
Law's, and although he was much too independent and 
honorable to resort to any evil arts for the purpose of 



LIFE OF LORD ELLENBOROUGH. 33 



ingratiating himself, and he was chargeable rather with 
hauteur than with huggery, he sometimes got into con- 
versation with the attorneys, and he raised in their 
minds a very high opinion of his proficiency as well as 
of his industry. 

When he was to cease to be in statu pupillari the t " 
question arose whether he should immediately be called s ^^ r 
to the bar, or follow the course recently introduced of J^ r der the 
practising as a special pleader under the bar confining 
himself entirely to chamber practice drawing law 
papers and giving opinions to the attorneys in cases of 
smaller consequence making his own charges for his 
work, instead of receiving the spontaneous qmddam 
honorarium, which to a barrister must not be below a 
well-known minimum, but, being above that, he is not at 
liberty to complain of, however inadequate it may ap- 
pear. Law was conscious of considerable powers of 
elocution which he was impatient to display. He not 
only belonged to a private debating club for students in 
the Temple, but he had gained applause by an oration at 
Coachmakers' Hall, then open to spouters in every rank 
of life. Nevertheless, sacrificing the chance of present 
tclat, he prudently resolved to condemn himself to a 
period of useful obscurity, and he commenced "special 
pleader under the bar." He had great success, and 
business flowed in upon him, particularly from the 
agents of the Northern attorneys. His charge for an- 
swering cases was very small, but he put a modest 
estimate upon the real value of the commodity which 
he sold. Many years afterwards, when he was presid- 
ing at Nisi Prius, a wrong-headed attorney, pleading 
his own cause, and being overruled on some untenable 
points which he took, at last impertinently observed 
" My Lord, my Lord, although your Lordship is so 
great a man now, I remember the time when I could 
have got your opinion for five shillings." Ellenborough, 



34 REIGN OF GEORGE III. 

CHAP. C.J.: "Sir, I dare say it was not worth the money." 
This was a far better mode of vindicating the dignity 
of the Judge and carrying along with him the sympa- 
thies of the audience, than fining the delinquent or 
threatening to commit him for a contempt of court 
the course which would probably have been followed 
by the hasty Kenyon. 

His sue- Under the bar Law soon made a handsome income ; 

Cambridge men studying for the legal profession were 
eager to become his pupils at the established fee of one 
hundred guineas a year or two hundred guineas for 
three years ; and when he made out his bills at Christ- 
mas he found that he was doing better than any bar- 
rister who could be considered his contemporary 
with the single exception of Erskine. 

During five long and irksome years did Law con- 
tinue to devote himself to this drudgery, but his perse- 
verance was amply rewarded, for he not only gained a 
reputation which was sure to start him with full busi- 
ness at the bar, but he acquired a thorough knowledge 
of his craft, which few possess who, after a mere course 
of solitary study, plunge into forensic wrangling. 
A.D. 1780. In Hilary Term, 1780, he was called to the bar by 
called to the Honorable Society of Lincoln's Inn. Generally 
speaking, success cannot be anticipated with any confi- 
dence for a young barrister, however well qualified to 
succeed he may appear to be ; and our profession well 
illustrates the Scriptural saying, ' The race is not 
always to the swift, nor the battle to the strong, nor 
bread to men of understanding, nor honor to men of 
skill, but time and cliancc happeneth to them all." 
Nevertheless Law neither felt, nor had reason to feel, 
the slightest misgivings when he put on his gown, and 
started for the prize of Chief Justice. Lord Camden 
and other great lawyers had languished for many years 
without any opportunity of displaying their acquire- 



LIFE OF LORD ELLENBOROUGH. 35 



merits. Law had several retainers given to him by 
great Northern attorneys on the very day of his call ; 
and not only from family connection, but from his 
reputation as a special pleader, which had long crossed 
the Trent, he was sure of finding himself at once in 
respectable practice. He disdained the notion of at- 
tending Quarter Sessions, and he always was inclined 
to sneer at young gentlemen who tried to force them- 
selves into notice by writing a law book. He calcu- 
lated that by his knowledge and his eloquence he must 
speedily be at the head of the Northern Circuit. In 
general those who practise under the bar as special 
pleaders do not aspire higher than holding second 
briefs in a stuff gown, with an arricre pensfa of being 
raised to be a puisne judge. The ardor of our di'butant 
had not been extinguished or chilled by his long ap- 
prenticeship, and he already heard the rustling of his 
silk gown, and imagined himself wearing the collar of 
S S, appropriated to the Chief Justice of England. 

In the beginning of March, 1780, he joined the cir- " e J ills 
cuit at York, causing considerable alarm to those estab- ernCircuit - 
lished in business, and curiosity among the disinter- 
ested. Without any suspicion of improper arts being 
used by himself, or of improper influence being exer- 
cised in his favor by others, at the opening of the Nisi 
Prius court a large pile of briefs lay before him. His 
manner was somewhat rough, and he was apt to get 
into altercations with his opponents and with the judge ; 
but his strong manly sense, and his familiar knowledge 
of his profession, inspired confidence into those who 
employed him ; and the mingled powers of humor and 
of sarcasm which he displayed soon gave him a dis- 
tinguished position in the Circuit Grand Court held 
foribus clausis among the barristers themselves, in which 
toasts were given, speeches were made, and verses 
were recited, not altogether fit for the vulgar ear. 



36 REIGN OF GEORGE III. 



At this period there were never more than two or 

.XL* V I. 

three King's counsel on any circuit ; and a silk gown 
was a high distinction to the wearer, not only among 
his brethren, but in general society, placing him 
above the gentry of the country. The Northern lead- 
ers then were Wallace and Lee, whom no attorney ap- 
proached without being uncovered. The}' were men 
of great eminence from their personal qualifications, 
and it was expected that they would speedily fill the 
highest judicial offices. They were before long taken 
from the circuit, to the joy of their juniors Wallace 
being made Attorney General, and Lee 1 Solicitor Gen- 

i. John Lee (1733-1793), lawyer and politician, a member of a 
family settled in Leeds since the early part of the sixteenth century, 
was born in 1733. He was the youngest of ten children, and, his 
father dying in 1736, he was principally brought up under the influ- 
ence of his mother, a woman of superior talents, who, although a 
protestant dissenter, was a friend of Archbishop Seeker. She de- 
signed John for the church, but in spite of his pious disposition and 
keen interest in theology and in church matters he was more fitted 
by his blunt and boisterous manner for the law, and he was accord- 
ingly called to the bar at Lincoln's Inn and joined the northern cir- 
cuit. Though his advancement was slow, his learning and dexterity, 
his ready eloquence and rough humor, eventually gave him an equal 
share with Wallace of the leadership of the circuit, and he held the 
office of attorney general for the county palatine of Lancaster till 
he died. In April, 1769, he appeared before the House of Commons 
as counsel for the petitioners against the return of Colonel Luttrell 
for the county of Middlesex. The petition failed, but this debate 
was long remembered at the bar. The government offered him a 
seat in the House and a silk gown in 1769, and in 1770 a silk gown, 
with the appointment of Solicitor General to the Queen, was again 
offered to him, but he refused both offers on political grounds. On 
September 18, 1769, he became, however, Recorder of Doncaster. In 
1779 he was one of the counsel for Admiral Keppel when he was 
tried by court-martial for his conduct in the engagement off Ushant 
on July 12, 1778. Upon his acquittal Keppel sent to Lee a fee of 
looo/., and this being refused he presented to each of his counsel, 
Erskine, Dunning, and Lee, a replica of his portrait by Sir Joshua 
Reynolds. In 1780 Lee became a King's counsel, and in the second 
Rockingham administration was appointed Solicitor General, and 
came into parliament for Clitheroe in Lancashire. Subsequently he 
was elected for Higham Ferrers, Northamptonshire, and sat for that 
place till he died. He resigned office on Lord Rockingham's death, 
but returned to it under the Duke of Portland, and on the death of 



LIFE OF LORD ELLENBOROUGH. 37 

eral ; but, unluckily for them, they adhered to Mr. Fox CHAP. 

XL VI, 

and Lord North, and the permanent ascendency of 
William Pitt after he had crushed the coalition was 
fatal to their further advancement. Neither of them 
having reached the Bench, their traditionary fame, 
transmitted through several generations of lawyers, is 
now dying away. 1 

Till the beginning of the igth century the Northern 
Circuit, in the spring, was confined to Yorkshire and 
Lancashire. In early times the distance of the four 
hyperborean counties from the metropolis, and the bad- 
ness of the roads, rendered it impossible to hold assizes 
in any of them during the interval between Hilary and 
Easter Terms so that a man committed for murder in 
Durham, Northumberland, Cumberland, or Westmore- 
land might lie in jail near a twelvemonth before he 
was brought to trial. At the accession of George III. 
there were turnpike trusts in the remotest parts of the 
kingdom, and post-horses were found wherever they 

Wallace at the end of 1783 he was promoted to be Attorney General, 
and held the office until the Duke of Portland was dismissed. In 
politics he was a thoroughgoing party man. One of his maxims 
was, " Never speak well of a political enemy." Wilkes spoke of 
him as having been in the House of Commons " a most impudent 
dog," and attributed his success there in comparison with other law- 
yers to this characteristic. Wraxall calls him "a man of strong 
parts and coarse manners, who never hesitated to express in the 
coarsest language whatever he thought," and says of him that he 
"carried his indecorous abuse of the new First Lord of the Treasury 
to even greater lengths than any other individual of the party dis- 
missed from power." At the bar he was universally known as 
" honest Jack Lee," was distinguished for his integrity, and 
amassed a large fortune. Having been injured by a wrench while 
riding, he was attacked by cancer, and dying on August 5, 1793, he 
was buried at Staindrop, Durham, a seat which he obtained by his 
marriage with Miss Hutchinson, by whom he had one daughter. 
His portrait was painted by Sir Joshua Reynolds in 1786, and was 
exhibited in that year at the Royal Academy. Nat. Stag. Diet, 

I. Wallace's son was made a peer, by the title of Lord Wallace of 
Knaresdale, in 1828, but died without issue in 1844. Lee, though he 
filled a great space in the public eye while living, has not in any way 
added to the permanent " Grandeur of the Law." 



38 REIGN OF GEORGE III. 

XLVI' were desired ; but the usual superstitious adherence to 
ancient customs when the renson for them has ceased, 
long obstructed every attempt to improve the adminis- 
tration of justice in England. 

The business being finished at York, Mr. Law pro- 
ceeded with his brethren to Lancaster, where the list of 
civil causes was still scanty, although all that arose 
within the County Palatine 1 were to be tried here. 
Liverpool, compared with what it has since become, 
might have been considered a fishing village ; Man- 
chester had not reached a fourth of its present popula- 
tion ; and the sites of many towns, which now by their 
smoke darken the Lancastrian air for miles around, 
were then green fields, pastured by cattle, or heathery 
moors, valuable only for breeding grouse. Here our 

I. Counties palatine are so called from the fact that their lords 
had royal rights, equally with the King in his palace (falatittm). The 
earl of a county palatine could pardon treasons, murders, and 
felonies ; while all writs were in his name, and offences were said to 
be committed against his peace, and not against that of the King. 
Palatine counties originated in the time of William I., who practically 
created three Chester, Durham, and Kent whilst Shropshire had, 
until the time of Henry I., palatine rights. These counties were 
selected as being especially liable to attack Chester and Shropshire 
from the Welsh Marches, Kent from France, and Durham from 
Scotland. The disturbed state of the borders rendered it an easy 
task for an earl, who was as powerful as a sovereign in his own 
territory, to extend his frontiers at the expense of his enemies. 
Kent ceased to be a palatine earldom after the death of Odo of 
Bayeux, whilst Pembrokeshire and Hexhamshire, in Northumber- 
land, were made counties palatine. Henry I. granted royal rights 
over the Isle of Ely to the Bishop of Ely, and in the year 1351 Lan- 
caster was created a palatine earldom. " The palatine earldom of 
Chester," says Bishop Stubbs, " had its own courts, judges, and staff 
of officers, constable, steward, and the rest ; it had its parliament, 
consisting of the barons of the county, and was not until 1541 repre- 
sented in the parliament of the kingdom." The other counties 
palatine, with the exception of Lancaster and Chester, which were 
held by the Crown, and of Durham, were assimilated to the rest of 
the country during the sixteenth century. The palatine jurisdiction 
of Durham remained with the bishop until 1836, whilst the jurisdic- 
tion of the palatine courts at Lancaster, with the exception of the 
Chancery Court, were transferred to the High Court of Justice by 
the Judicature Act of 1873. Did. of Rng. Hist. 



LIFE OF LORD ELLENBOROUGH. 39 

junior did not fare so well as at York ; yet he could not ^LYI ' 
have been indicted at the Grand Court for carrying 
unam purpureain baggam flaccescentcm omnino inanitatis 
cattsd ; l for although Wallace, who was nearly con- 
nected with him by marriage, had made him a present 
of a bag an honor of which no junior before could ever 
boast on his first circuit its flaccidity was swelled out 
by several briefs, which he received from an attorney of 
Ashton-under-Lyne, who used afterwards boastingly to 
suv, " I made Laiv Chief Justice."'' 

The assizes being speedily over, Mr. Law returned "^'"J in 
to London well pleased with his success, and with his London, 
prospects. But in the two following terms he never 
opened his mouth in court unless to make a motion 
of course, and he was rather disheartened. It was not 
till years afterwards, when the attention of the nation 
was fixed upon him as counsel for Mr. Hastings, that his 
merits were appreciated by attorneys in London. 

When the summer assizes came round he visited all 
the six counties which form the Northern Circuit. In 
each of them he had a considerable portion of business 
and at Carlisle more than any other junior, his own 

1. " A purple bag, flaccid because entirely empty." 

These mock indictments were still often in Latin, notwithstand- 
ing the statute requiring all proceedings in Courts of Justice to be in 
the English tongue, it having been ruled that " no statute is binding 
on the Grand Court of the Northern Circuit in which this Court is not 
specially mentioned." 

2. Now-a-days any young barrister buys a bag, and carries it as 
soon after he is called to the bar as he likes ; but when I was called 
to the bar, and long after, the privilege of carrying a bag was strictly 
confined to those who had received one from a King's counsel. The 
King's counsel, then few in number, were considered officers of the 
Crown, and they not only had a salary of 4O/. a year, but an annual 
allowance of paper, pens, and purple bags. These they distributed 
among juniors who had made such progress as not to be able to 
carry their briefs conveniently in their hands. All these salaries and 
perquisites were ruthlessly swept away in 1830 by Lord Grey's re- 
forming Government and it was full time as King's counsel had 
become a mere grade in the profession, comprehending a very large 
number of its members. 



4 _REIGN OF GEORGE III. 



CHAP, qualifications as a lawyer being backed by the respect 
entertained for the venerable Bishop of the diocese. 

During seven years he continued to fight his way on 
1 ' 3 the circuit a stuff gown ; and towards the end of this 

waggery. period he had gained such reputation in addressing 
juries as nearly to throw out of business several black- 
letter special pleaders, who were his seniors, and could 
not be retained along with him when it was intended 
that he should lead the cause. There was therefore a 
general wish among his brother circuiteers that he 
should have silk, and a representation upon the subject 
was made to Lord Chancellor Thurlow ; but some 
difficulty arose about conferring this mark of royal 
favor upon one who was considered a decided Whig. 
Although measures to encourage free trade, for the im- 
provement of the law, and even for a reform of parlia- 
ment, were brought forward by the prime minister, the 
memory of the " Coalition " was green, and the thirst 
for revenge upon all who had encouraged the attempt 
to put a force upon the Crown in the choice of ministers 
was still unsatiated. Thurlow, who soon after, during 
the King's insanity, intrigued with the Whigs that he 
himself might retain the Great Seal under them, had 
down to this time testified peculiar enmity to the whole 
of them as a party and individually. However, the 
urgency for Law's promotion increasing, and the Judges 
who went the Northern Circuit joining in the applica- 
tion, it could no longer be refused. 

Law m do- Before we behold him as a public character, let us 

mestic life. 

take a glance at him in domestic life. It was said that 
he had rather freely indulged in the gallantries of 
youth, and that he even for a time followed the exam- 
ple of the then Lord High Chancellor of Great Britain, 
the great prop of the Church, and chief distributor of 
ecclesiastical preferment, who openly kept a mistress. 1 
I. Mrs. Harvey, celebrated in the ' Rolliad,' and said to have 
been much courted by the clergy. 



LIFE OF LORD ELLENBOROUGH. 4 1 

But however this may be, Law was not supposed to ^y^ 1 

have exceeded what was permitted by the license of 

those times, and he was happily forever rescued from 

the peril of scandal by being accidental!}" introduced to 

the beautiful Miss Towry, daughter of Mr. Towry, aHiscourt- 

, , ship. 

commissioner of the navy, and a gentleman of good 
family. I myself recollect her become a mature matron, 
still a very fine woman, with regular features, and a 
roseate complexion; but when she first appeared, she 
excited admiration almost unprecedented. Amongst 
many others, Law came, saw, and was conquered. 
Considering his ungainly figure and awkward addresSi 
it seems wonderful that he should have aspired to her 
hand among a crowd of competitors particularly as it 
was understood that she had already refused very 
tempting proposals. But he ever felt great confidence 
in himself, whatever he undertook ; he now said, " Faint 
heart never won fair lady," and after he had paid her 
devoted attention for a few weeks, he asked her father's 
leave to address her. The worthy commissioner gave 
his consent, having heard that this suitor was con- 
sidered the most rising lawyer in Westminster Hall. 
But the young lady being interrogated, answered by a 
decided negative. Still the lover was undismayed 
even (as it is said) after a third rbuff. At last, by the 
charms of his conversation, and by the eulogiums of all 
her relations, who thought she was repelling a desirable 
alliance, her aversion was softened, and she became 
tenderly attached to him. 

The marriage took place on the i/th day of Octo- Hismar . 
ber, 1789, and proved most auspicious. Mrs. Law" age - 
retained the beauty of Miss Towry ; and such admira- 
tion did it continue to excite, that she was not only 
followed at balls and assemblies, but strangers used to 
collect in Bloomsbury Square to gaze at her as she 
watered the flowers which stood in her balcony. But 



42 REIGN OF GEORGE III. 

CHAP. no jealousy was excited in the mind of the husband 
even when Princes of the Blood fluttered round her. 
For many years the faithful couple lived together in 
uninterrupted affection and harmony, blessed with a 
numerous progeny, several of whom united their father's 
talents with their mother's comeliness. 



LIFE OF LORD ELLENBOKOUGH. 43 



CHAPTER XLVII. 

CONTINUATION OF THE LIFE OF LORD ELLENBOROUGH 
TILL HE WAS APPOINTED ATTORNEY GENERAL. 



LAW had long bitterly complained that his fame was 
confined to the limits of the Northern Circuit. He had A - D - l ^- 
scarcely as yet been employed in a single cause of in- 
terest in London, whereas Erskine was already the fore- 
most man in the Court of King's Bench, and had special 
retainers all over England. Our aspirant believed that 
if he had a fair opportunity of displaying his powers, 
he should gain high distinction; but he dreaded that 
he might never lead in actions of greater interest than 
trespass for an assault, or assrimpsit on the warranty of 
a horse, or covenant for the mismanagement of a farm, 
or case for the negligent working of a mine. 

In the midst of this despondency, he found at his He is re- 
chambers one evening a general retainer for WARREN feadfn/ 3 
HASTINGS, ESQ., and instructions to settle the answer w"^ 1 
to the articles of impeachment, with a fee of five hun- Hastings- 
dred guineas. This was a much more important occur. 
rence to him than his appointment to be Chief Justice 
of England, which was the consequence of it, and fol- 
lowed in the natural and expected course of events. 
He at once perceived that his fortune was made ; and 
in rapid succession he saw with his mind's eye the 
pleasure to be felt by his family, the mortification of 
his enemies, the glory that he was to acquire from en- 



44 REIGN OF GEORGE III. 

taring the lists against such antagonists as Burke, Fox, 
and Sheridan, and the honors of his profession which 
must in due time be showered upon him. In our ju- 
ridical history no English advocate has ever had such a 
field for the display of eloquence as the counsel for the 
impeached Warren Hastings. Hale could only advise 
Charles I. to deny the jurisdiction of the High Court 
of Justice ; Lane, in defending the Earl of Strafford, 
was only permitted to touch upon a technicality ; and, 
till the reign of William III., in cases of high treason, 
it was only to argue a dry point of law which might 
incidentally arise that the accused had any assistance 
from advocacy. Since the Revolution there had been 
very interesting State Trials, but they only involved 
the fate of an individual; they exhibited the struggles 
of retained lawyers against retained lawyers; they 
turned upon specific acts of criminal conduct im- 
puted to the accused ; they were over in a single day, 
and in nine days more they were forgotten. No one 
then anticipated that the impending trial of Warren 
Hastings was to be begun before one generation of 
Peers and decided by another, but all knew that it in- 
volved the mode in which a distant empire had been 
governed ; that it was to unfold the history of some of 
the most memorable wars and revolutions in Asia ; that 
it was to elucidate the manners and customs of races of 
men who, though subjected to our dominion, we only 
imperfectly knew from vague rumor; that in the course 
of it appalling charges of tyranny and corruption were 
to be investigated ; that the accusers were the Com- 
mons of England ; that the managers of the impeach- 
ment were some of the greatest orators and statesmen 
England had ever produced, and that upon the result 
depended not only the existence of Mr. Pitt's adminis- 
tration, but, what was more exciting, the fate of an in- 
dividual whose actions had divided public opinion 



LIFE OF LORD ELLENBOROUGH. 45 

throughout the civilized world who was considered HAP. 
by some a monster of oppression, cruelty, and avarice, 
and by others a hero, a philanthropist, and a patriot. 
The Northern circuiteer, instead of addressing a jury 
of illiterate farmers at Appleby, in a small court filled 
with rustics, was to plead in Westminster Hall, gor- 
geously fitted up for the occasion, before the assembled 
Peers in their ermined robes, before the representatives 
of the people attending as parties, and before a body 
of listeners comprehending all most distinguished for 
rank, for talent, and for beauty. 

Although Mr. Law had not thought of this retainer 
more than of being made Archbishop of Canterbury, 
some of his friends had been engaged in a negotiation 
for securing it to him. Hastings himself was naturally 
desirous that he should be defended by Erskine, who 
had acquired so much renown as counsel for Lord 
George Gordon, and who had loudly declared his own 
personal conviction to be that the ex-Governor General 
deserved well of his country. But as the impeachment 
had become a party question, and was warmly sup- 
ported by the leaders of the party to which Erskine 
belonged, although he was not then a member of the 
House of Commons, he reluctantly declined an engage- 
ment in which his heart would enthusiastically have 
prompted the discharge of his professional duties, and 
by which he might have acquired even a still greater 
name than he has left with posterity. He declared 
that he would not have been sorry to measure swords 
with Burke, who in the House of Commons had on 
several occasions attacked him rather sharply and suc- 
cessfully. " In Westminster Hall," said he, " I could 
have smote this antagonist hip and thigh." But Er- 
skine could not for a moment endure the idea of comino- 

o 

into personal conflict with Fox and Sheridan, whom he 
loved as friends, whom he dreaded as rivals, and with 



46 REIGN OF GEORGE III. 

CHAP, whom, on a change of government, he hoped to be 
associated in high office. 

The bar at this time afforded little other choice. 
Dunning had become a Peer and sunk into insignifi- 
cance ; his contemporaries were either connected with 
Mr. Pitt's Government, or were declining from years 
and infirmity and among the rising generation of law- 
yers, although there was some promise, no one yet had 
gained a position which seemed to fit him for this 
"great argument." 

The perplexity in which Hastings and his friends 
found themselves being mentioned in the presence of 
Sir Thomas Rumbold, 1 who had been in office under 
him in India, he delicately suggested the name of his 
brother-in-law, 2 pointing out this kinsman's qualifica- 

1. Sir Thomas Rumbold (1736-1791), Indian administrator, third 
and youngest son of William Rumbold, an officer in the East India 
Company's naval service, by Dorothy, widow of John Mann, an 
officer in the same service, and daughter of Thomas Cheney of 
Hackney, was born at Leytonstone, Essex, on June 15, 1736. . . . 
Thomas Rumbold was educated for the East India Company's ser- 
vice, which he entered as a writer on Jan. 8, 1752, and sailed for 
Fort St. George towards the end of the same month. Soon after his 
arrival in India he exchanged the civil for the military service of the 
company. He served under Lawrence in the operations about 
Trichinopoly in 1754, and under Clive at the siege of Calcutta in 
1756-7. aid f r gallantry displayed during the latter operations was 
rewarded by Clive with a captain's commission. He was Clive's 
aide-de-camp at Plassey, was severely wounded during the action, 
and on his recovery resumed his career in the civil service. Part of 
the years 1762-3 he spent in England on furlough. On his return 
to India he was appointed chief of Patna, and from 1766 to 176(5 sat 
in the Bengal council. Having made his fortune, Rumbold came 
home in the latter year, and was returned to parliament for New 
Shoreham on Nov. 20, 1770. Rumbold returned to India as Gover- 
nor of Madras in Feb., 1778, and after a distinguished career, in 
which he cooperated in every way with Warren Hasting, he re- 
turned to England in Jan., 1780. He was proceeded against in par- 
liament for corruption and oppression in office. The charges, how- 
ever, were not established, and at the general election of 1784 he 
was returned for Weymouth, which he represented until 1790. He 
died Nov. n, 1791. (See Diet. Nat. Biog.) 

2. Sir Thomas Rumbold had married Joanna, Bishop Law's 
youngest daughter. 



LIFE OF LORD ELLENBOROUGH. 47 

tions in respect of legal acquirements, of eloquence, XLVH 
and, above all, of intrepidity on which, considering 
the character of the managers for the Commons, the ac- 
quittal of the defendant might chiefly depend. This 
recommendation was at first supposed to proceed only 
from the partiality of relationship ; but upon inquiry it 
appeared to be judicious. The resolution was, there- 
fore, taken to employ Law as the leading counsel, asso- 
ciating with him Mr. Plomer, 1 afterwards Vice-Chan- 

i. Thomas Plumer, descended from an old and respectable York- 
shire family, was the second son of Thomas Plumer, of Lilling Hall 
in that county. He was born on October 10, 1753, and at eight years 
of age he was sent to Eton, where he gained that character for 
classical ability and suavity of disposition which afterwards distin- 
guished him at University College, Oxford. While William Scott 
(afterwards Lord Stowell) was regarded as the best tutor in the uni- 
versity, Plumer was considered one of the best scholars. He was 
elected Vinerian Scholar in 1777, and, taking his degree of B.A. in 
1778, became fellow of his college in the next year, and proceeded 
MA. in 1783. He had become a member of Lincoln's Inn so early 
as April, 1769, but was not called to the bar till February, 1778. Be. 
fore that event took place he had the advantage of attending Sir 
James Eyre on his circuits, and frequently assisted the judge, whose 
eyes were weak, in taking down the evidence on the trials at which 
he presided. This employment was of great benefit to him in his 
future practice, which was principally in the Court of Exchequer. 
In 1781 he was made a commissioner of bankrupts, and attended the 
Oxford and also the Welsh circuits, at the end of the latter of which 
he joined in the revelry of the Horseshoe Club, instituted by the 
members for their relaxation and indulgence in all sorts of fun and 
nonsense. (Notes and Quirirs, 2d S. xii. 87, 214.) He soon acquired 
practice, and stood so high in estimation that he was employed in 
the defence of Sir Thomas Rumbold at the bar of the House of 
Commons, and there exhibited such powers that he was selected in 
1787 as one of the three counsel to defend Warren Hastings, his 
coadjutors being Mr. Law and Mr. Dallas, each of whom, as well as 
he, eventually filled high offices in the law. In 1793 he was made a 
King's counsel, in which character he was often employed in the 
public trials that took place during the next ten or twelve years. 
He successfully defended John Reeves when absurdly prosecuted in 
1797 for a libel. In the next year he defended Arthur O'Connor 
and others on a charge of high treason, one only of the defendants, 
James O'Coigley, being found guilty. In 1802 he was engaged in 
the prosecution of Governor Wall for a murder committed twenty 
years before, in the next year in the prosecution of Colonel Despard 
for high treason, both of whom were condemned and executed. He 



48 REIGN OF GEORGE III. 

CHAP. C ellor and Master of the Rolls, and Mr. Dallas, 1 
afterwards Solicitor General and Chief Justice of the 
Common Pleas, in whom Law entirely confided and 
with whom he ever cordially cooperated. He still 

was leading counsel in the defence of Lord Viscount Melville in 1806, 
on his impeachment by the House of Commons, and contended with 
so much success against the case of the managers as to procure an 
acquittal for his noble client on all the ten charges in the articles. 
Just before this trial, on March 25, 1805, he was appointed a judge on 
the North Wales Circuit. He had a great reputation as a tithe lawyer, 
and had much employment before election committees. Of the sup- 
pressed volume called "The Book," arising out of the "Delicate 
Investigation " into the conduct of Caroline, Princess of Wales, in 
1806, he was supposed to be, if not the author, at least the corrector, 
joining with Lord Eldon and Mr. Perceval as her Royal Highness's 
friends. In April of the next year, on the defeat of the Whig min- 
istry, Mr. Plumerwas appointed Solicitor General and was knighted. 
He then entered parliament for Lord Radnor's borough of Downton, 
which he continued to represent till he was raised to the bench. He 
remained Solicitor General for five years, Sir Vicary Gibbs being the 
Attorney General ; but he does not appear to have taken part in any 
of the numerous prosecutions instituted by the latter except in the 
case of the Independent Whig when he spoke for two hours in 
the House of Lords in support of the sentence pronounced against 
the libellers. On Sir Vicary's elevation to the bench Sir Thomas 
Plumer succeeded him on June 27, 1812, but filled the post for less 
than a year, being appointed on April 10, 1813, the first Vice-Chan- 
cellor under the statute 53 Geo. III. c. 24. After presiding in the 
new court for nearly five years, he received another and a last promo- 
tion as Master of the Rolls on January 6, 1818. He filled this station 
till his death, which occurred six years after, on March 24, 1824, 
when he was buried in the Rolls Chapel. Pass's Lives of the Judges. 
I. Robert Dallas was the son of a gentleman of the same name 
living at Kensington in Middlesex, and his mother was Elizabeth, 
daughter of the Rev. James Smith, minister of Kilberney in Ayr- 
shire. He became a member of Lincoln's Inn, and trained himself 
to public speaking at the debating society held at Coachmakers' 
Hall, according to the common practice of the time. This was of 
considerable advantage to him when he was called to the bar, and 
enabled him to produce his arguments with much more ease to him- 
self and with greater effect to the court, in which he soon acquired 
considerable practice. In January, 1788, he was engaged in the de- 
fence of Lord George Gordon. He next appears as one of the coun- 
sel for Mr. Hastings, the trial of whose impeachment lasted seven 
years, from 1788 to 1795, and highly distinguished himself by his 
exertions, and by his polished addresses to the Lords. Naturally dis- 
gusted with the inveteracy of Burke against his client, he gave the 
relentless prosecutor no credit for patriotic feelings, but, attributing 




CHIEF JUSTICE DALLAS. 



LIFE OF LORD ELLENBOROUGH. 49 

wore a stuff gown when this retainer was given, but he 
was clothed in silk before the trial began. 

He prepared himself for the task he had undertaken " r l, s t r n ep ~ 
with exemplary diligence and assiduity. Carry ing |r the 
along with him masses of despatches, examinations, 
and reports, which might have loaded man)' camels, he 
retreated to a cottage near the lake of Windermere, 
and there spent a long vacation more laborious than 

his attacks to the innate malignity of his nature, composed this bit- 
ter epigram : 

" Oft have we wonder'd that on Irish ground 
No poisonous reptile has e'er yet been found : 
Reveal'd the secret stands of Nature's work 
She sav'd her venom to produce her Burke." 

In 1795 Mr. Dallas received a silk gown : and through all the suc- 
ceeding years till he was raised to the bench the latter volumes of 
the State Trials record his efforts either for the defence or the prose- 
cution. Among these his speech on the motion for a new trial in 
the case of General Picton was separately published. In the mean- 
time he had obtained a seat in the House of Commons, where he 
represented St. Michael's, Cornwall, in 1802, and afterwards the 
Scotch boroughs of Kirkaldy, etc. In 1804 he was promoted to the 
chief justiceship of Chester, and presided there till 1813, when on 
May 4 he was appointed to the office of Solicitor General and 
knighted. Six months afterwards he was raised to the bench of the 
Common Pleas, on November 5, 1813, and on the same day in 1818 he 
was promoted to the headship of that court. There he presided 
for five years with acknowledged ability and universal respect. A 
curious question having been raised in 1823, whether the Lord 
Lieutenant of Ireland had the same power to confer knighthood 
after the Union which he undoubtedly possessed before that measure 
had passed, a meeting of the judges was held in June at Chief 
Justice Dallas's to consider the point, when they were of opinion 
unanimously that the Act of Union did not deprive him of his former 
privilege. It was a matter of some speculation how the right should 
have remained undisputed for above twenty years, during which it 
had been frequently exercised, and only now be impugned ; and it 
was suspected that the doubt was invented for the purpose of morti- 
fying Lady Morgan, who had offended the ministers by the freedom 
of her writings, and whose husband had received an Irish knight- 
hood. (" Lady Morgan's Memoirs," ii. 172.) At this time his health 
began to break, and he soon found he could no longer undergo the 
fatigues of his office. He therefore resigned his seat at the end of 
1823, and lived little more than one year longer, dying on December 
25, 1824. He left several children by his wife. Charlotte, daughter 
of Lieut. Col. Alexander Jardine. foss's Lives of the Judges. 



50 REIGN OF GEORGE III. 

CHAP, the busiest term be had ever known in London. Al- 
though possessing copiousness of extempore declama- 
tion, he was fond of previously putting down in writing 
what he proposed to say in public on any important 
occasion, and there are now lying before me scraps of 
paper on which he had written during this autumn 
apostrophes to the Lords respecting the Rohilla war, 
the cruelties of Debi Sing, and the alleged spoliation 
of the Begums. 

A.D. 1788. ' On the igth of February, 1788, Mr. Burke having 
finished a speech of four days, in which he generally 
opened all the charges, Mr. Fox, his brother manager, 
proposed that thereafter the charges should be taken 
separately, and that not only the evidence and argu- 
ments should be concluded by both sides, but that the 
judgment should be given by the Court upon each 

His first before another was taken in hand. Now Mr. Law for 

speech for 

Hastings, the first time opened his mouth as counsel for Mr. 
Hastings, and strongly resisted this proposal. He dis- 
tinctly saw that upon the mode of procedure depended 
the issue of the impeachment, for there not only was a 
strong prejudice against the accused, which would have 
rendered perilous a speed}' decision upon an}- part of 
his case, but the defence really arose from a view of the 
whole of his conduct while Governor General ; the 
difficulties in which he was placed palliating, if they did 
not justify, acts which, taken by themselves, appeared 
criminal. The managers, feeling the advantage they 
must derive from having a separate trial, as it were, 
on each charge, strenuously argued that this was the 
parliamentary course according to Lord Strafford'scase 
and other precedents, that the due weight of evidence 
was most truly appreciated while it was fresh in the 
memory, and that facility of conception, notwith- 
standing the vastness of the subject, might best be at- 
tained by subdividing it into parts which the mind 



LIFE OF LORD ELLENBOROUGH. 51 

might be capable of grasping. Law, in answering 
them, availed himself of the opportunity to animadvert 
upon the violent language used by Burke, saying that 
" the defendant, who was still to be presumed to be in- 
nocent till proved to be guilty, had been loaded with 
terms of invective and calumny in a strain which, never 
since the days of Sir Walter Raleigh, had been used in 
an English court of justice." Mr. Fox, interrupting him, 
said, that " vested with a great trust from the House of 
Commons, he could not sit and hear such a complaint, 
which proceeded on the principle that in proportion as 
the accused was deeply guilty, the accuser, in describ- 
ing his crimes, was to be considered a calumniator." 
Law, without any retraction or apology, pursued his 
argument against the course proposed by the managers, 
insisting that while it was contrary to the mode of pro- 
ceeding in the courts of common law, there was no par- 
liamentary precedent to support it. " My Lords, "said 
he, " in answering one charge we may be compelled to 
disclose to our adversary the defence which we mean 
to employ upon others. We conceive that the whole 
case should be before you ere you decide upon any 
part of it. On the first charge are we, for the purpose 
of explaining the general policy with which it is con- 
nected, to produce all the evidence specifically calcu- 
lated to repel several others ? On the second charge is 
the whole of the exculpatory evidence to be given over 
again ? Is this just ? is it reasonable ? is it expedient ? 
Would it be proposed in any other court professing to 
administer the criminal law of the country ?" 

The Peers withdrew to their own chamber to delib- 
erate, and on their return to Westminster Hall, the 
Lord Chancellor Thurlow thus addressed the managers: 
" Gentlemen, I have it in charge to inform you that 
you are to produce all your evidence in support of the 



5J REIGN OF GEORGE III. 

CHAP, prosecution before Mr. Hastings is called upon for his 

defence." 

tests C wUh During the examination of the witnesses there was 
Burke and a constant sparring between the counsel and the man- 

the other 

managers ag^rs, and blows were interchanged with all the free- 
on ques- 

tionsof dom of nisi priits. For example, when Sheridan was ex- 
evidence. 

amining Mr. Middleton for the prosecution, and finding 

him rather adverse, addressed some harsh observations 
to him, Law thus interposed " I must take the liberty 
of requesting that the honorable manager will not 
make comments on the evidence of the witness in the 
presence of the witness. Such a course will tend to 
increase the confusion of a witness who is at all con- 
fused, and affect the confidence of the most confident. 
I shall therefore hope that the honorable manager, from, 
humanity and decorum, will be more abstemious." 

The managers having entirely failed to prove one 
particular act of misconduct which they had imputed 
to Mr. Hastings, Law expressed a wish that in future 
the}- would be more cautious in avoiding calumny and 
slander. Burke answered, with much indignation, that 
" he was astonished the learned gentleman dared to 
apply such epithets to charges brought by the Com- 
mons of Great Britain, whether they could or could 
not be proved by legal evidence ; it was well known 
that many facts could be proved to the satisfaction of 
every conscientious man by evidence which, though 
in its own nature good and convincing, would not 
be admitted by the technical canons of lawyers; it 
would be strange indeed that a well founded accusa- 
tion should be denominated calumnious and slanderous, 
because an absurd rule prevented the truth of it from 
being established." 

Law. " My Lords, I do not mean to apply the terms 
calumny and slander to any proceeding of the House of Com- 
mons ; but I have the authority of that House for declaring 






LIFE OF LORD ELLENBOROUGH. 53 

that the honorable member has, at your Lordships' bar, used CHAP. 
calumnious and slanderous expressions not authorized by 
them." 

Fox. " My Lords, it is highly irregular and highly in- 
decent in an advocate to allude to what has taken place within 
the walls of the House of Commons. The learned counsel 
has done worse, he has misrepresented that to which he pre- 
sumed to allude. We have offered in evidence the very docu- 
ments upon the authority of which the Commons preferred 
the charge now said to be calumnious and slanderous." 

Law. " I cannot justly be accused of improperly referring 
to proceedings in the House of Commons, as I have only re- 
peated in substance the account given of these proceedings by 
the honorable manager himself in the hearing of your Lord- 
ships and I have therefore the highest authority for asserting 
that my client has suffered from calumny and slander." 1 

Fox. " Here is a new misrepresentation. My honorable 
friend has not told your Lordships that anything said by the 
managers at your Lordships' bar was a calumny or a slander, 
nor said anything which can be tortured into such a meaning. 
And, my Lords, we will not proceed with the trial till your 
Lordships have expressed your opinion of the language used 
by the learned gentleman. We must return to the Commons 
for fresh instructions." 

Thurlow, C. " The words you complain of must be taken 
down in writing." 

They were taken down accordingly. 
Law. " I acknowledge them and abide by them." 
The Peers were about to withdraw for deliberation 
to their own chamber when it was suggested and 
agreed that the Chancellor should admonish the learned 
counsel, "that it was contrary to order in the counsel to 
advert to anything that had happened in the House of 
Commons; that it was indecent to apply the terms 
calumny and slander to anything which had been said 
by their authority, and that such expressions must not 
be repeated." 

i. This refers to a resolution of the House of Commons animad- 
verting on expressions used by Mr. Burke. 



54 REIGN OF GEORGE III. 

CHAP. The great struggle was, whether the Lords were to 
be governed by the rules of evidence which prevail in 
the courts below. These Burke treated with great 
contempt. On one occasion he said : 

" The accused rests his defence on quibbles, and appears 
not to look for anything more honorable than an Old Bailey 
acquittal, where on some flaw in the indictment the prisoner is 
found not guilty, receives a severe reprimand from the Judge, 
and walks away with the execration of the bystanders. No 
rule which stands in the way of truth and justice can be bind- 
ing on tills high court." 

Law. " In the name of my client, in the name of the peo- 
ple of England, I protest against such doctrine. The rules of 
evidence have been established because by experience they 
have been found calculated for the discovery of truth, and the 
protection of innocence. If any of them are erroneous, let 
them be corrected and amended, but let them be equally 
binding upon your Lordships and the inferior courts. Are 
you to dismiss every standard of right, and is a party tried at 
your Lordships' bar his honor and his life being at stake to 
be cast upon the capricious, I will not say corrupt, opinion en- 
tertained or professed by a majority of your Lordships ? Why- 
do you summon the Judges of the land to assist you but that 
you may be informed by them for your guidance what are the 
rules of law ? Unless the rules of law are to prevail, a refer- 
ence to these reverend sages would be a mockery, and you 
should order them forever to withdraw." 

The Lords very properly held that the rules of law 
respecting the admissibilitv of evidence ought to guide 
them ; and during the trial they twenty-three times 
referred questions of evidence ' to the Judges, being 

I. I have examined the questions and answers as they appear in 
the Journals of the House of Lords, but they are not instructive, or 
of much value. With a single exception, they were not so framed 
as to decide any abstract point, and merely asked whether, under 
the actual circumstances which occurred, specific evidence was ad- 
missible. 

One response to a question put was of general application, and 



LIFE OF LORD ELLENBOROUGH. 55 

always governed by their advice. 1 But to the very CHAP. 
conclusion of the trial Burke bitterly complained, as 
often as any evidence which the Managers proposed to 
adduce was excluded in compliance with the opinion of 
the Judges. On one occasion, when evidence irregu- 
larly offered by the Managers in reply had been very 
properly rejected, a Peer called Burke to order for 
arguing against a decision of the House. Mr. Has- 
tings's leading counsel contemptuously added, that he 
would not waste a moment of their Lordships' time in 
supporting a judgment which, being founded on a rule 
of law, wanted no other support. Burke : " I have 
become accustomed to such insolent observations from 
the learned gentlemen retained to obstruct our pro- 
ceedings, who, to do them justice, are as prodigal of 
bold assertions as they are sparing of arguments." 

might have been advantageously cited in the late case of Melhuish 
v. Collier, 15 Q.B. 878. 

Question put to the Judges during Judges' reply to the said question, 
the Trial of Warren Hastings, as entered on the Lords' Jour- 

Esq. nals, 

Feb. 29, 1788. April loth. 

Whether, when a witness, pro- The Lord Chief Baron deliv- 

duced and examined in a crim- ered the unanimous opinion of 
inal proceeding by a prosecutor, the Judges, that, when a witness 
disclaims all knowledge of any produced and examined in a 
matter so interrogated, it be com- criminal proceeding by a prose- 
petent for such prosecutor to cutor disclaims all knowledge of 
pursue such examination, by any matter so interrogated, it is 
proposing a question containing not competent for such prose- 
the particulars of an answer sup- cutor to pursue such examina- 
posed to have been made by such tion, by proposing a question 
witness before a Committee of containing the particulars of an 
the House of Commons, or in answer supposed to have been 
any other place, and by demand- made before a Committee of the 
ing of him whether the particu- House of Commons, or in any 
lars so suggested were not the other place, and by demanding 
answers he had so made ? of him whether the particulars 

so suggested were not the an- 
swer he had so made. 

I. The same course was subsequently followed on the impeach- 
ment of Lord Melville, and is now to be considered the established 
law of parliament. 



56 REIGN OF GEORGE III. 

CHAP. When the Lords disallowed the evidence of the 
history of the Mahratta war, Law having merely said, 
" It would be an insult to their Lordships, and treach- 
ery to his client, were he to waste one minute in stating 
the objections to it," Burke expressed deep regret that 
so many foreigners were present ; but (looking into a 
box in which sate the Turkish ambassador and his suite, 
he added) "let us hope that some of them do not un- 
derstand the English language, as the insolent remarks 
we are compelled to hear from counsel would be a 
disgrace to a Turkish court of justice." 

Law was more hurt when, at a later period of the 
trial, having called on Burke to retract an assertion 
alleged to be unfounded, the Right Honorable Mana- 
ger, putting on a look of ineffable scorn, merely said in 
a calm tone, " My Lords, the counsel deserves no 
answer." Soon after, Law, complaining of the delay 
caused by the frivolous questions on evidence raised 
by the Managers, added, " The Right Honorable Man- 
ager to whom I chiefly allude, always goes in a circle, 
never in a straight line. The trial will bring discredit 
on all connected with it. We owe it to our common 
character to prevent unnecessary delay." " Common 
character ! " angrily interrupted the Manager, " I can 
never suffer the dignity of the House of Commons to 
be implicated in the common character of the bar. 
The learned counsel may take care of his own dignity 
ours is in no danger except from his sympathy." 
Debi sing's But it was by the rejection of evidence of the 
alleged cruelties of Raja Debi Sing that Burke was 
driven almost to madness. His recital of these in his 
opening speech had produced the most tremendous 
effect, curdling the blood of the stoutest men, and 
making ladies shriek aloud and faint away. 1 A witness 

i. " The treatment of the females cannot be described : dragged 
from the inmost recesses of their houses, which the religion of the 



LIFE OF LORD ELLENBOROUGH. 57 

being called ;o prove these horrible charges, the coun- 
sel for Mr. Hastings objected that the evidence was 
inadmissible as there was jio mention of such cruelties 
in any article of the impeachment, and it was not even 
now suggested that Mr. Hastings had directed them, 
or in any way sanctioned or approved of them. The 
Lords, after consulting the Judges, determined that 
the evidence could not be received. 

Mr. Burke : " I must submit to your Lordships' decision, 
but I must say at the same time that J have heard it with the 
deepest concern ; for if ever there was a case in which the 
honor, the justice, and the character of a country were con- 
cerned, it is that which relates to the disgusting cruelties and 
savage barbarities perpetrated by Debi Sing, under an authority 
derived from the British Government, upon the poor forlorn 
inhabitants of Dinagepore cruelties and barbarities so fright- 
fully and transcendently enormous, that the bare mention of 
them has filled with horror every class of the inhabitants of 
this country. The impression which even my feeble represen- 
tation of these cruelties and barbarities in this place produced 
upon the hearts and feelings of all who heard me is not to be 
removed but by the evidence that shall prove the whole a 
fabrication. The most dignified ladies of England swooned at 
the bare recital of these atrocities, and is no evidence now to 
be received to prove that my forbearing statement fell far 
short of the appalling reality?" 

Law : " It is not to be borne that the Right Honorable 

country had made so many sanctuaries, they were exposed naked to 
public view : the virgins were carried to courts of justice, where 
they might naturally have looked for protection, but they looked for 
it in vain ; for in the face of the ministers of justice, in the face of 
assembled multitudes, in the face of the sun, those tender and 
modest virgins were brutally violated. The only difference between 
their treatment and that of their mothers, was that the former were 
dishonored in open day, the latter in the gloomy recesses of their 
dungeon. Other females had the nipples of their breasts put in a 
cleft of bamboo and torn off. What modesty in all nations most 
carefully conceals, this monster revealed to view, and consumed by 
slow fires ; and the tools of this monster, Debi Sing horrid to tell ! 
carried their natural brutality so far as to introduce death into the 
source of generation and of life." 



58 REIGN OF GEORGE III. 

CHAP. Manager shall thus proceed to argue in reprobation of their 
Lordships' judgments. 

Burke : " Nothing can be farther from my intention than 
to reprobate any decision coming from a Court for which I 
entertain the highest respect. But I am not a little surprised 
to find that the learned counsel should stand forth the cham- 
pion of your Lordships' honor. I should have thought that 
your Lordships were the best guardians of your own honor- 
It never could be the intention of the Commons to sully the 
honor of the House of Peers. As their coordinate estate in 
the legislature the Commons are perhaps not less interested 
than your Lordships in the preservation of the honor of this 
noble House ; and therefore we never could think of arguing 
in reprobation of any of its decisions. But I may venture to 
suggest that the question which you have put to the Judges 
is not framed in the manner to determine whether what the 
Commons propose is reasonable or unreasonable. If the Com- 
mons had been suffered to draw up their question themselves, 
they would have worded it in a very different manner, and 
a very different decision might have been given by your 
Lordships. It is true that the cruelties of Debi Sing are 
not expressly charged in the Article to have been com- 
mitted by the authority of Mr. Hastings ; but the Article 
charges Mr. Hastings with having established a system which 
he knew would be, and in point of fact had actually been 
attended with cruelty and oppression. The Article does not 
state by whom the acts of cruelty have been committed, but it 
states cruelty in general, and of such cruelty so charged the 
Managers have a right to give evidence. The character of the 
nation will suffer, the honor of your Lordships will be affected, 
if when the Commons of England are ready to prove the per- 
petration of barbarities which have disgraced the British name, 
and call for vengeance on the guilty heads of those who have 
been in any degree instrumental in them, the inquiry is to be 
stopped by a miserable technicality. Suffer me to go into 
proof of those unparalleled barbarities, and if I do not establish 
them to the full conviction of this House and of all mankind, 
if I do not prove their immediate and direct relation to and 
connection with the system established by Mr. Hastings, then 
let me be branded as the boldest calumniator that ever dared 
to fix upon unspotted innocence the imputation of guilt. My 



LIFE OF LORD ELLENBOROUGH. 59 

Lords, I have done. My endeavor has been to rescue the 
character and justice of my country from obloquy. If those 
who have formerly provoked inquiry if those who have said 
that the horrid barbarities which I detailed had no existence 
but that which they derived from the malicious fertility of my 
imagination if those who have said I was bound to make 
good what I had charged, and that I should deserve the most 
opprobrious names if I did not afford Mr. Hastings an oppor- 
tunity of doing away the impression made by the picture of 
the savage cruelties of Debi Sing if these same persons who 
so loudly called for inquiry now call upon your Lordships to 
reject the proofs which they before challenged me to bring, 
the fault is not mine. Upon the heads of others therefore, 
and not upon those of the Commons of Great Britain, let the 
charge fall that the justice of the country is not to have its 
victim. The Commons stand ready to make good their accu- 
sation, but the defendant shrinks from the proof of his guilt." 
Law [according to the original report of the trial, "with 
unexampled warmth, whether real or assumed"] : "My Lords, 
the Right Honorable Manager feels bold only because he 
knows the proof which he wants to give cannot be received. 
He knows that from the manner in which the charge is worded 
your Lordships cannot if you would admit the proof without 
violating the clearest rules and principles of criminal procedure. 
But let the Commons put the details of those shocking 
cruelties into the shape of a charge which my client can 
meet, and then we will be ready to hear every proof that can 
be adduced. And if, when they have done that, the much- 
injured gentleman 1 am now trying to shield from calumny 
does not falsify every act of cruelty that the Honorable Man- 
agers shall attempt to prove upon him, MAY THE HAND OF 

THIS HOUSE AND THE HAND OF GOD LIGHT UPON HIM." ' 

This imprecation on the head of the client was 
deemed more cautious than magnanimous, and it was 
thus criticised by Fox in summing up the evidence on 
this Article : 

I. The reporter, who seems to have had a spite against Mr. Law, 
adds, " After this ejaculation, delivered in a tone of voice not unlike 
that of the theatric hero, when he exclaims ' Richard is hoarse with 
calling thee to battle!' the scene closed." ' History of the trial 
of Warren Hastings, Esq.,' published by Debrett. Part III. p. 54-56. 



60 REIGN OF GEORGE III. 

CHAP "The counsel for the defendant have invoked the judg- 

ment of your Lordships and the vengeance of Almighty God, 
not on their own heads, but on the head of their client, if the 
enormities of Debi Sing, as stated by my Right Honorable 
Friend, shall be proved and brought home to him. I know not 
how the defendant may relish his part in this imprecation ; but 
in answer to it, if the time should come when we are fairly 
permitted to enter upon the proof of those enormities, I would 
in my turn invoke the most rigorous justice of the Peers and 
the full vengeance of Almighty God, not on the head of my 
Right Honorable Friend, but on my own, if I do not prove 
those enormities and fix them upon the defendant to the full 
extent charged by my Right Honorable Friend ; and this I 
pledge myself to do under an imprecation upon myself as sol- 
emn as the learned gentleman has invoked upon his client." 

These imprecations can only be considered rhetori- 
cal artifices; both sides were well aware that the con- 
tingency on which they were to dare the lightning of 
Heaven could never arrive, for the Articles of Impeach- 
ment, as framed, clearly did not admit the proof, and a 
fresh Article could not then have been introduced. In 
truth, the cruelties of Debi Sing had been much ex- 
aggerated, and Mr. Hastings, instead of instigating, had 
put a stop to them. His counsel must have deliberated 
long before they resolved to object to the admissibility 
of the evidence, and they were probably actuated by a 
dread of the prejudice it might create before it could 
be refuted. 

Law turned to good account the frivolity and vanity 
of Michael Angelo Taylor, 1 a briefless barrister, who, 

I. " Michael Angelo Taylor (1/57-1834), politician, son and heir 
of Sir Robert Taylor, was born in 1757. He matriculated from Corpus 
Christi College, Oxford, as gentleman commoner on Oct. 21, 1774, 
and graduated B.A. from that body in 1778, but proceeded M.A. 
from St John's College in 1781. When only twelve years old he was 
admitted to the Inner Temple (Jan. 19, 1769), but changed to Lin- 
coln's Inn on Nov. 30, 1770. He was called to the bar at the latter 
inn on Nov. 12, 1774." After several unsuccessful attempts Taylor 
was elected to the House of Commons for Poole in 1791, where except 
one parliament he sat until his death. Upon first entering politics 



LIFE OF LORD ELLENBOKOUGH. 6l 

although the butt of the Northern Circuit, had con- 
trived to get himself appointed a Manager. An im- 
portant point coming on for argument, Law observed 
" It is really a pity to waste time in discussing such a 
point which must be clear to all lawyers ; this is no 
point of political expediency, it is a mere point of law, 
and my honorable and learned Friend there (pointing 
to Michael Angelo), from his accurate knowledge of the 

he was Tory and supporter of Pitt, but afterwards became a Whig. 
" Taylor was one of the committee of managers for the impeachment 
of Warren Hastings, when he assisted Sheridan 'to hold the bag and 
read the minutes,' and he sat on many important committees of the 
House of Commons. From 1810 to 1830 he persistently brought be- 
fore the House the delays which attended the proceedings in Chan- 
cery, and for three consecutive years (1814, 1815, and 1816) he drew 
attention to the defective paving and lighting of the streets of Lon- 
don. His name is still remembered by the measure known as 
'Michael Angelo Taylor's Act,' i.e., 'The Metropolitan Paving Act, 
i8l7,57Geo. III. cxxix. (Local and Personal),' under which proceed- 
ings for the removal of nuisances and other inconveniences from the 
streets are still taken. It is given in extenso in Chitty's 'Statutes' 
(vol. viii. 1895, title ' Metropolis,' pp. 3-49). Henry Luttrell, in his 
' Letters to Julia' (3d edit. 1822, pp. 88-90). describes ' a fog in London 
time November,' and appeals to ' Chemistry, attractive aid,' to help 
us with the assistance of 'the bill of Michael Angelo' (Taylor), who 
had introduced a bill on ' gas-lighting.' Taylor was a small man, 
and Gillray in his caricatures always laid stress on his diminutive 
size. In the ' Great Factotum amusing himself ' (1797) he is repre- 
sented as a monkey ; in ' Pig's Meat, or the Swine flogged out of 
the Farmyard' (1798*, he is a tiny porker; and in 'Stealing Off a 
Prudent Secession ' (November, 1798) he becomes a little pug-dog. In 
one caricature, that of 'The new Speaker (i.e., the law-chick) be- 
tween the Hawks and Huzzards,' reference is made to the fact that had 
the Whigs come into office in 1788 he would have been the Speaker. 
In February, 1831, his attachment to the Whigs was appropriately 
rewarded by his elevation to the rank of a privy councillor. He died 
at his house in Whitehall Garden (long a favorite rendezvous of the 
Whig party) on July 16, 1834, and was buried on July 23 in the family 
vault at St. Martin's-in-the-Fields. A half-length portrait of him 
was painted by James Lonsdale, and an engraving of it was pub- 
lished by S. W. Reynolds on March 7, 1822. A whole-length por- 
trait of his wife (when Frances Vane) as ' Miranda ' was painted by 
John Hoppner. The original belongs to the Marquis of Londonderry, 
by whom it was exhibited in the ' Fair Women Collection ' in the 
Grafton Gallery in 1894. It has recently been engraved." Nat. 
Bio'. Diit. 



62 REIGN OF GEORGE III. 

XLVH ' aw> w hich he has practised with so much success, can 
confirm fully what I say." Michael puffed, and swelled, 
and nodded his head when Burke ran up to him 
quite furious, and, shaking him, said, " You little rogue, 
what do you mean by assenting to this ? " 

Law was most afraid of Sheridan, but once ventured 
to try to ridicule a figurative observation of his that 
" the treasures in the Zenana of the Begum were an 
offering laid by the hand of piety on the altar of a saint," 
by asking, " how the lady was to be considered a saint, 
and how the camels when they bore the treasure were to 
be laid upon the altar? " Sheridan " This is the first 
time in my life that I ever heard of special pleading on 
a metaphor, or a bill of indictment against a trope ; but 
such is the turn of the learned gentleman's mind that 
when he attempts to be humorous no jest can be found, 
and when serious no fact is visible." 

Considering that the Managers were assisted by the 
legal acumen and experience of Dr. Lawrence, Mr. 
Mansfield, 1 and Mr. Pigott, it is wonderful to see what 

i. James Mansfield. In the year 1729 an act was passed for the 
regulation of attorneys (St. 2 Geo. II. c. 23), requiring them among 
other things to be enrolled. Under that statute the father of Sir 
James Mansfield, who was an attorney practising at Ringwood in 
Hampshire, is entered on the roll, both of the Common Pleas and 
Chancery, in November, 1730, as John James Manfield. It has been 
a question when the name was altered to Mansfield, and what was 
the motive. The Ringwood attorney was the son of a gentleman 
who came to England with one of the Georges and held an appoint- 
ment in Windsor Castle ; and it was asserted that the attorney 
thought it more advantageous to him to anglicize his name by call- 
ing himself Mansfield. But it is clear that he had not formed this 
determination in 1730, when he was in practice. Neither had he 
done so in 1746, when his son, then aged thirteen, was entered at Eton 
as James Manfield ; nor in 1750, when he appears under the same 
name on the list for King's College, Cambridge ; nor in 1751, when 
admitted a scholar, nor in 1754, when nominated a fellow, of that 
college. But on taking his degree of B.A. in 1755 he signed his 
name Mansfield. By this date the imputation, which has prevailed, 
that he made the alteration with the hope of being supposed to be 
connected with the great Lord Chief Justice entirely falls to the 



LIFE OF LORD ELLENBOROUGH. 63 

questions they put and insisted upon. For example, it ^LVH 
being proved that Mr. Hastings had authorized the 

ground, inasmuch as Sir William Murray did not receive the title of 
Lord Mansfield till the end of the following year, November, 1756. 
He entered the society 6f the Middle Temple under that name in 
February, 1755, and was called to the bar in November, 1758. He 
began to practice in the common law courts, but ultimately re- 
moved into Chancery, where he was very successful. In 1768 he was 
one of the counsel for John Wilkes on his application to be admitted 
to bail ; and four yearsafterwards in Michaelmas, 1772, he was made 
King's counsel. On the trial of the Duchess of Kingston for bigamy 
in 1776 he appeared for the defendant, when, though he failed in 
procuring her acquittal, he succeeded in obtaining her release with- 
out any punishment at all. In the same year he unsuccessfully de- 
fended General Smith and Thomas Brand Hollis against a charge of 
bribery in the notorious case of the borough of Hindon. He next 
appeared on the part of the Crown on the trials of James Hill for 
setting the Rope House at Portsmouth on fire, and of George Strat- 
ton and others for deposing Lord Piggott, the Governor of Madras, 
and assuming the rule of the settlement. From his entrance into 
parliament in 1774 there is no report of his taking any part in the 
debates till just at the close of the session of 1780 ; and his first ap- 
pearance was somewhat unpropitious, as he excited the risibility of 
the whole House by a careless expression about the civil list. In 
September of that year he accepted the solicitor-generalship and 
held it during the remainder of Lord North's administration. While 
in office he was engaged in the prosecution of those concerned in the 
riots of 1780, and in that of Lord George Gordon he had the disad- 
vantage of replying to the splendid speech of Mr. Erskine for the 
prisoner, resulting in an acquittal. The same duty devolved upon 
him on the trial of De La Motte for high treason, whose palpable 
guilt insured a conviction. On the defeat of Lord North's ministry 
in March, 1782, Mr. Mansfield was necessarily superseded, and im- 
mediately placed himself in the ranks of the opposition. He was 
unfortunate in his first appearance on that side, being called to 
order no less than three times for some irrelevant remarks of dan- 
gerous tendency, and coming into collision with Kenyon, the new 
Attorney General. Soon after the constitution of the Coalition min- 
istry, which quickly supplanted the administration of Lord Shel- 
burne, Mr. Mansfield was again appointed Solicitor General in 
November, 1783, but was fated to be again removed in less than a 
month, the Coalition having in its turn succumbed to the ministry 
of Mr. Pitt. In the new parliament called in the following May Mr. 
Mansfield had the mortification of surrendering his seat for the 
University of Cambridge to the popular minister and never after- 
wards entered the House. He remained unemployed for nearly six- 
teen years, when in 1799 he was constituted Chief Justice of Chester. 
Five years afterwards, at the close of Mr. Addington's administration, 
he succeeded Lord Alvanly as Chief Justice of the Common Pleas in 



64 REIGN OF GEORGE III. 

CHAP, letting of certain lands to Kelleram and Cullian Sing, 
supposed to be cruel oppressors, they asked the wit- 
ness " What impression the lotting of the lands to 
Kelleram and Cullian Sing made on the minds of the 
inhabitants of the country ? " Before there was time 
to object, the witness blurted out, "They heard it with 
terror and dismay." Law insisted that this answer 
should be expunged, and that the question should be 
overruled, it not being in the competence of the witness 
to speak of anybody's feelings but his own. The 
Managers standing up strenuously for the regularity 
of their question and the fitness of the answer to it, the 
Peers adjourned from Westminster Hall to their own 
chamber, and, after a reference to the Judges, Lord 
Chancellor Thurlow announced to the Managers that 
the question objected to could not be regularly put, 
and that the answer to it must be expunged. Nearly a 
whole day was wasted in this foolish controversy. 

A.D.iyga. On the I4th of February, 1792, and the seventy. 

opeTiingof fifth day of the trial, Law thus began to open the de- 

the defence , 

fence : 

" Your Lordships are now entering on the fifth year of a 

April, 1804, and was thereupon knighted. The motto on his rings on 
his necessarily taking the degree of a Serjeant alludes humorously 
to his long exclusion : " Serus in coelum redeas." On the death 
of Mr. Pitt in 1806 and the formation of the Whig ministry he was 
pressed to accept the Great Seal, but positively declined the honor ; 
and his wisdom in the refusal was exemplified by the dismissal of 
that party in little more than a year. Though a good average lawyer, 
his promotion occurred rather too late in life ; and though anxious 
to dispense justice in the cases that came before him, he was too apt 
to give way to the irritation of the moment. Of this deficiency of 
temper the Serjeants were not backward in taking advantage ; and 
towards the end of his career they worried him to such a degree that 
he could not always refrain from venting in audible whispers curses 
against his tormentors. He was an amiable man, but had not got 
rid of the habit of swearing which was too prevalent in his earlier 
years. So great was the annoyance that he resigned his post in 
Hilary vacation 1814. He lived nearly eight years afterwards, and 
died on November 23, 1821, at his house in Russell Square, in the 
eigthy-eighth year of his age. Fbss's Judges of England. 



LIFE OF LORD ELLENBOROUGH. 65 

trial, to which the history of this or any other country fur- 
nishes nothing like a parallel ; and it at length becomes my 
duty to occupy somewhat longer the harassed and nearly ex- 
hausted attention of your Lordships, and to exercise reluc- 
tantly the expiring patience of my client. Mr. Hastings, by 
the bounteous permission of that Providence which disposes 
of all things, with a constitution weakened by great and inces- 
sant exertions in the service of his country and impaired by 
the influence of an unwholesome climate suffering from year 
to year the wounds which most pierce a manly and noble 
mind the passive listener to calumny and insult thirsting 
with an honorable ardor for the public approbation which 
illustrious talents and services ever merit while malignity 
and prejudice are combining to degrade him and blacken his 
fair reputation in the eyes of his country subdued by the 
painful progress of a trial protracted to a length unexperienced 
before by any British subject, and unprecedented in the annals 
of any other country under all these accumulated hardships 
Mr. Hastings is alive this day, and kneeling at your Lordships' 
bar to implore the protection, as he is sure of the justice, of 
this august tribunal. To a case pampered I had almost said 
corrupted by luscious delicacies, the advocates of my client 
can only bring plain facts and sound arguments ; but we can 
show that eloquence has been substituted for proofs, and 
acrimony has supplied the place of reasoning. I could never 
be brought to believe that justice was the end looked for, 
where vengeance was the moving power." 

After an exordium not wanting in dignified solem- 
nity, although creating a wish for more purity and sim- 
plicity of diction, he proceeded to take a general view 
of the origin of the prosecution, of the charges into 
which it was divided, of the feeble manner in which 
they had been supported, and of the evidence by which 
they were to be repelled. Upon the whole, he rather 
disappointed expectation. Although he had shown 
spirit and energy while wrangling with the managers 
about evidence, and although still undaunted by the 
matchless power of intellect opposed to him, now 
when he had all Westminster Hall to himself and he 



66 REIGN OF GEORGE III. 

CHAP. was to proceed for hours and days without interrup- 
tion or personal contest, he quailed under the quietude, 
combined with the strangeness and grandeur, of the 
scene. He by no means satisfied the lively Miss Bur- 
ney, 1 then attached to the Royal household, who were 
all, as well as the King and Queen, devoted enemies to 
the impeachment, and thought no praise sufficiently 
warm which could be bestowed upon the accused. 
This is her disparaging language in her Diary : 

" To hear the attack the people came in crowds ; to hear 
the defence they scarcely came in tete-a-tete, Mr. Law was 
terrified exceedingly, and his timidity induced him so fre- 
quently to beg quarter from his antagonists, both for any 
blunders and any deficiencies, that I felt angry even with 
modest egotism. We (Windham and I) spoke of Mr. Law, 
and I expressed some dissatisfaction that such attackers 
should not have had able and more equal opponents. ' But 
do you not think that Mr. Law spoke well,' cried Windham 
' clear, forcible ?' ' Not forcible,' cried I 'I would not say 
not dear.' ' He was frightened,' said Windham ; ' he might 
not do himself justice. I have heard him elsewhere, and been 
very well satisfied with him ; but he looked pale and alarmed, 
and his voice trembled.' " 

I. Madame D'Arblay, originally Miss Frances Burney, the second 
daughter of Dr. Charles Burney, was born at Lynn Regis on June 
13, 1752. At an early age she began to exercise herself in works of 
fiction, tales, and poetry. At fifteen she burned all her early per- 
formances, but one of them kept possession of her memory, and gave 
rise to her first published work, " Evelina ; or the History of a 
Young Lady's Introduction to the World." It used to be generally 
understood, and it has been repeatedly stated, that Miss Burney was 
only about seventeen when this, her first novel, appeared, but in fact 
it was published in 1778, when she was twenty-six. The work made 
a very considerable noise in the world. Her second novel, " Ce- 
cilia," appeared in 1782. In July, 1786, she was appointed one of 
the dressers, or keepers of the robes, to Queen Charlotte, and this 
menial situation she held for five years. In 1793 she married M- 
Alexandre Piochard D'Arblay, a French emigrant artillery officer, 
and in 1796 she produced another novel, entitled " Camilla." She 
survived her husband twenty-two years, dying at Bath on January 
6, 1840. Besides the works mentioned above she wrote " The Wan- 
derer," a novel : Memoirs of her father, Dr. Burney ; Diary and 
Letters, edited by her niece. Cooper's Blog. Diet. 



LIFE OF LORD ELLENBOROUGH. 67 



However, she adds 

" In his second oration Mr. Law was far more animated 
and less frightened, and acquitted himself so as almost to 
merit as much commendation as, in my opinion, he had mer- 
ited censure at the opening." 

It is a curious fact that the State Trial which, of all 
that have taken place in England, excited the most in- 
terest is the worst reported. We have no account of 
it except from a set of ignorant short-hand writers, 
who, although they could take down evidence with 
sufficient accuracy, were totally incapable of compre- 
hending the eloquent speeches which were made on 
either side. Burke having observed that " virtue does 
not depend upon climates and degrees" he was reported 
to have said, " virtue does not depend upon climaxes 
and trees." 

The only authentic specimens I can give of Mr. Hisprooe- 
Law's oratory when he was addressing the Lords on peroration 
the merits of the impeachment are the procemium and Begum 
the peroration of his speech on the Begum charge, charge- 
which are now in my possession, written by his own 
hand, and which he had elaborately composed at full 
length, and got by heart, although he trusted to short 
notes for his comments upon the evidence: 

" Again, my Lords, after a further period of protracted 
solicitude, Mr. Hastings presents himself at your Lordships' 
bar, with a temper undisturbed, and a firmness unshaken, by 
the lingering torture of a six years' trial. 

" God forbid that in the mention of this circumstance I 
should be understood to arraign either the justice or mercy of 
this tribunal. No, my Lords, all forms of justice have been 
well observed. My blame lights on the law, not on your office, 
'which you with truth and mercy minister.' As little I advert 
to this circumstance as seeking on this account unduly to 
interest your Lordships' compassion and tenderness in his 
favor. No, my Lords, as he has hitherto disdained to avail 
himself of any covert address to these affections, so your Lord- 



68 REIGN OF GEORGE III. 

XLvn' s hiP s ma y> * trust, be assured that he does not feel himself 
more disposed at this moment than at any former period of 
his trial to sully the magnanimity of his past life by the base- 
ness of its close. 

" He does not even now on his own account merely con- 
descend to lament the unfortunate peculiarity of his destiny 
which has marked him out as the only man since man's 
creation who has existed the object of a trial of such enduring 
continuance ; for, my Lords, he has the virtue, I trust, as far 
as human infirmity and frailty will permit, to lose the sense of 
his own immediate and peculiar sufferings in the consolatory 
reflection which his mind presents to him that as he is in the 
history of mankind the first instance of this extraordinary 
species of infliction, so unless he vainly deems of the effect of 
this instance upon the human mind, and has formed a rash 
and visionary estimate of the generosity and mercy of our 
nature, it will be the last. 

" He trusts, indeed, that with reference to his own country 
at least, he may venture to predict, what the great Roman 
historian, Livy, in contrasting a new and barbarous punish- 
ment, inflicted in the infancy of the Roman empire, with the 
subsequent lenity and humanity of the system of penal laws 
which obtained amongst his countrymen, ventured in nearly 
the same words to declare ' Primum ultimumque illud sup- 
plicium apud Romanes exempli partim memoris legum humana- 
rum fuit.' l Dismissing, however, a topic which in the present 
advanced stage of this trial has become at least as material for 

I. This, it will be recollected, relates to the case of Mettius 
Fuffetius, who for his treachery was sentenced to a frightful death 
by Tullus Hostilius. The historian in a few lines beautifully narrates 
the sentence, the execution, and the behavior of the lookers on : 
"Turn Tullus: ' Metti Fuffeti,' inquit, 'si ipse discere posses fidem 
ac foedera servare, vivo tibi ea disciplina a me adhibita esset. Nunc 
quoniam tuum insanabile ingenium est, at tu tuo supplicio doce 
humanum genus ea sancta credere, quae a te violata sunt. Ut igitur 
paullo ante animum inter Fidenatem Romanamque rem ancipitem 
gessisti, ita jam corpus passim distrahendum dabit. EXINDE. DUAHIS 

ADMOTIS QUADRIGIS, IN CURRUS EARUM DISTENTUM II.I.IGAT MKTTIUM 
DEINDE IN DIVERSUM ITER EQUI CONCITATI, LACERUM IN UTROQUE 
CURRU CORPUS, QUA INH-tSERANT VINCULIS MEMBRA, PORTANTES.' 

" Avertere omnes a tanta foeditate spectaculi oculos. Primum 
ultimumque illud supplidum <:puil Romanes exempli parum memorif 
legum humanarum fttit, in aliis gloriari licet, nulli gentium mitiores 
placuisse pcenas." Lib. I. c. 28. 



LIFE OF LORD ELLENBOROUGH. 69 

consideration with a view to the happiness and safety of others 
as his own, the defendant only requests it may for the present 
so far dwell in your Lordships' memory as to exempt him from 
the blame of impatience if, thus circumstanced, he has ven- 
tured to expect such a degree of accelerated justice as a just 
attention to other public demands on your Lordships' time 
may consistently allow. 

" He cannot but consider the present moment as on some 
accounts peculiarly favorable to the consideration and dis- 
cussion of the many important questions which present them- 
selves for your Lordships' judgment in the course of this trial. 

" In a season of recommencing difficulty and alarm we learn 
better how to estimate the exigence of the moment, and the 
merit of that moment well employed, than in the calmer season 
of undisturbed tranquillity. 

" We know then best how to value the servant and the 
service. We hear with awakened attention and conciliated 
favor the account which vigor, activity, and zeal are required 
to render of their efforts to save the state and their success 
in saving it. In receiving the detail which ardent and ener- 
getic service is obliged to lay before us, by a sort of inconsistent 
gratitude we almost wish to find some opportunities of recom- 
pense in the voluntary exercise of our own virtues some 
errors which candor may conceal some excesses which gen- 
erosity may be required to palliate. 

" The same motives which at such a season induce us to 
appreciate thus favorably the situation, duties, difficulties, 
and deserts of hazardous and faithful service, induce us also to 
contemplate with more lively indignation the open attacks of 
undisguised hostility ; with more poignant aversion and disgust 
the cold and reluctant requitals of cautious friendship, and 
with still more animated sentiments of detestation and abhor- 
rence, the treacherous, mischievous attacks of emboldened 
ingratitude. 

" These are sentiments which the present moment will 
naturally produce and quicken in every mind impregnated with 
a just sense of civil and political duty. Can I doubt their 
effect and impression here, where we are taught, and not vainly 
taught, to believe that elevation of mind and dignity of station 
are equally hereditary, and that your high court exhibits at 



70 REIGN OF GEORGE III. 

CHAP, once the last and best resort of national justice, and the purest 
image of national honor ? 

" To you, my Lords, unadmonished by the ordinary forms 
and sanctions by which in other tribunals the attention is 
attracted and the conscience bound to the solemn discharge 
of judicial duty, the people of England, by a generous confi- 
dence equally honorable to themselves and you, have for a long 
succession of ages entrusted to your own unfettered and un- 
prompted, because unsuspected, honor have entrusted the 
supreme and ultimate dispensation of British justice. 

" Such then being the tribunal, and such the season at 
which the defendant is required to account before it for certain 
acts of high public concernment done in the discharge of one 
of the greatest public trusts that ever for so long and in so 
arduous a period fell to the lot of any one man to execute, he 
cannot but anticipate with the most sanguine satisfaction that 
fair, full, and liberal consideration of his difficulties and of his 
duties, of the means by which those difficulties were overcome, 
and the manner in which those duties were discharged, which 
he is sure of receiving at your Lordships' hands. 

" The great length of your Lordships' time which this trial 
has already occupied, and the further portion of it which it 
must yet necessarily consume, renders it unpardonable to waste 
a moment upon any subject not intimately connected with the 
very substance of the charges which yet remain to be discussed. 
I will therefore without delay address myself to the immediate 
and actual topics which are most intimately connected with the 
charge now before you, which is contained in the Second 
Article of Impeachment, and respects principally the supposed 
injuries of the mother and grandmother of the Nabob of Oude 
ladies usually distinguished by the name of the BEGUMS." 

A speech of many hours he concluded with this 
PERORATION : 

Peroration. " I have now at a greater length than I could have wished 
gone through the vastness of evidence which the managers 
have thought fit to adduce, and have discussed many of the 
arguments which they have thought fit to offer in support of 
this charge, and have brought more immediately before your 
Lordships' view such parts of that evidence as completely 



LIFE OF LORD ELLENBOROUGH. 71 

repel the conclusions the managers have attempted to infer 
from an unfair selection and artificial collation of other parts 
of that same evidence. I have also generally opened to your 
Lordships the heads of such further evidence as we shall on our 
part, in further refutation of the criminal charges contained in 
this Article, submit to your Lordships' consideration, in order 
to establish beyond the reach of doubt that Mr. Hastings, in 
all the transactions now in question, behaved with a strict 
regard to every obligation of public and private duty, and 
effectually consulted and promoted the real and substantial 
interests of the country, and the honor and credit of the British 
name and character. Stripping this Article therefore of all the 
extraneous matter with which it has been very artfully and 
unfairly loaded, and reducing it to the few and simple points 
of which in a fair legal view of the subject it naturally consists 
the questions will be only those which in the introduction to 
my address to your Lordships on this charge I ventured to 
state, namely, whether the Begums, by their conduct during 
the disturbances occasioned by the rebellion, had manifested 
such a degeee of disaffection and hostility towards the British 
interests and safety, as warranted the subtraction of the 
guarantee which had been theretofore voluntarily and gratui- 
tously interposed for their protection ; and next, whether 
after that guarantee was withdrawn the Nabob was not author- 
ized upon every principle of public and private justice to 
reclaim his rights, and we to assert our own. 

" If there be those who think Mr. Hastings ought to have 
pursued a formal detailed judicial inquiry on the subject of the 
notorious misconduct of the Begums, before he adopted any 
measures of prevention or punishment in respect of them ; 
that he should have withheld his belief from the many eye and 
ear witnesses of the mischief they were hourly producing 
and contriving against us ; I say to those who think that the 
unquestionable and then unquestioned notoriety of a whole 
country corroborated by the positive testimony of all the 
officers then in command in that country, speaking to facts 
within their own observation and knowledge, is not a ground 
for immediate political conduct to persons thus thinking I am 
furnished with little argument to offer. I have no record of 
the Begums' conviction engrossed on parchment to lay before 
you I have only that quantity of evidence which ought to 



72 REIGN OF GEORGE III. 

CHAP. carr y conviction home to every human breast accessible to 
truth and reason. 

" God forbid that I should for a moment draw in question 
the solemn obligation of public treaties. I am contending for 
their most faithful, honorable, and exact performance. We 
had pledged our word to grant the most valuable and humane 
protection we asked as a recompense only the common offices 
of friendship and the mere returns of ordinary gratitude. How 
were they rendered ? When the Palace of Shewalla and the 
streets of Ramnagur were yet reeking with the blood of our 
slaughtered countrymen; when that benefactor and friend, to 
whose protection, as the Begum herself asserts, her dying lord, 
Sujah Dowla, had bequeathed her, had scarce rescued himself 
and his attendants from the midnight massacre prepared for 
him at Benares; when he was pent up with a petty garrison 
in the feeble fortress of Chunargur expecting the hourly as- 
sault of an elated and numerous enemy; when his fate hung 
by a single thread, and the hour of his extinction and that of 
the British name and nation in India would, according to all 
probable estimate, have been the same; in that hour of peril- 
ous expectation he cast many an anxious northward look to see 
his allies of Oude bringing up their powers, and hoped that the 
long-protected and much-favored house of Sujah Dowla would 
have now repaid with voluntary gratitude the unclaimed arrears 
of generous kindness. As far as concerned the son of that 
Prince, and who by no fault of Mr. Hastings had least bene- 
fited by British interposition, he was not disappointed. That 
Prince who had been in the commencement of his reign robbed 
of his stipulated rights under the treaties of Allahabad and 
Benares, and had been unjustly manacled and fettered by that 
of Fryzabad, which restrained him from his due resort to 
national treasure for the necessary purposes of national de- 
fence and the just discharge of national incumbrances, found 
an additional motive for his fidelity in the accumulated honor- 
able distresses and dangers of his allies. From the mother 
and grandmother of that Prince, enriched by his extorted 
spoils, and bound as they were by every public as well as pri- 
vate tie of gratitude and honor, Mr. Hastings looked, indeed, 
for a substantial succor; but he looked in vain. It was not, 
however, as passive and unconcerned spectators that they re- 
garded this anxious and busy scene of gathering troubles. No, 



LIFE OF LORD ELLENBOROUGH. 73 

to the remotest limits of their son's dominions their inveter- CHAP. 
ate hate and detestation of the British race was diplayed in 
every shape and form which malice could invent and treachery 
assume. In the immediate seats of their own protected wealth 
and power, at the reverenced threshold of their own greatness, 
in sight of their nearest servant who best knew their genuine 
wishes, and was by that knowledge best prepared to execute 
them the British commander of a large force, marching to 
sustain the common interests of Great Britain and its allies, is 
repelled by the menace of actual hostility from the sanctuary 
to which he had fled in assured expectation of safety. At the 
same period another British commander, abandoning his camp 
to the superior force of a rebellious chief, linked in mischie- 
vous confederacy with the Begums, hears amidst the groans of 
his Own murdered followers the gratulation of his enemies' 
success and his own defeat proclaimed in discharges of cannon 
from the perfidious walls of Fryzabad. And during all this 
dismay and discomfiture of our forces in the neighborhood of 
their residence, the eunuchs, the slaves of their palace, under 
the very eye of our own insulted officers, array and equip a 
numerous and well-appointed force to brave us in the field. 

" If these acts do indeed consist with good faith, or are 
such light infractions of it as merit no considerable degree of 
public animadversion then I resign Mr. Hastings to the un- 
qualified censure of mankind and the overwhelming condem- 
nation of your Lordships. But if to have connived at another's 
treachery at such a crisis would have been effectually to prove 
and proclaim his own; if to have continued undiminished to 
the Begum the enormous fruits of her own original extortion 
and fraud, applied, as they recently had been, to the medi- 
tated and half-achieved purpose of our undoing, would have 
been an act of political insanity in respect to our own safety, 
and of no less injustice to our friend and ally, the proprietor 
of these treasures; then was Mr. Hastings not warranted only, 
but required and without alternative or choice compelled, to 
apply that degree of lenient, sober, and salutary chastisement, 
which was, in fact, administered on this occasion. To have 
endured with impunity these public acts of hostile aggression, 
would have been to expose our tame irrational forbearance to 
the. mockery and scorn of all the Asiatic world. Equally re- 
moved from the dangerous extremes of unrelenting severity 



74 REIGN OF GEORGE III. 

XLvfi' and unlimited concession, he had the good fortune to preserve 
in every part of India a dread of our power, a respect for our 
justice, and an admiration of our mercy. These are the three 
great links by which the vast chain of civil and political obe- 
dience is riveted and held together in every combination of 
human society. By the due exertion and display of such 
qualities as these, one faithful servant was enabled to give 
strength, activity, stability, and permanence, and at last to 
communicate the blessings of peace and repose to the con- 
vulsed members of our Eastern empire. This age has seen 
one memorable and much-lamented sacrifice to the extreme 
and excessive indulgence of the amiable virtues of gentleness 
and mercy. 1 The safety of our country, the order and security 
of social life, the happiness of the whole human race, require 
that political authority should be sustained by a firm, regular, 
and discriminate application of rewards and punishments." 

Mr. Law was supposed to do his duty in a manly 
and effective manner ; but Dallas was more polished, 
and Plomer more impressive. The leading counsel 
gained renown in his squabbles with Burke about 
evidence, rather than when he had such an opportunity 
of making a great oration as Cicero might have 
envied. 

In the early stages of the trial his labor and his 
anxiety were dreadful, and he often expressed sincere 
regret that he had been concerned in it ; but when he 
had become familiar with the subject, and public 
opinion, with which the Peers evidently sympathized, 
turned in favor of his client, he could enjoy the dclat 
conferred upon him irom pleading before such a tri- 
bunal, for such a client, against such accusers. 
Conclusion At last on the 23d of April, 1795, being the one 
Hasting's hundred and forty-fifth day of the trial, and in the tenth 
trial. year from the commencement of the crimination, he 
had the satisfaction to hear his client, acquitted by a 
large majority of Peers; and he himself was warmly 

I. Alluding, I presume, to the fate of Louis XVI. 



LIFE OF LORD ELLENBOROUGH. 75 

congratulated by his friends upon the happy event. 
It was expected that Burke would then have shaken 
hands with him ; but still in Burke's sight Debi Sing 
could hardly have been more odious. 

Law had long the credit of making the celebrated 
epigram upon the leader of the impeachment 

" Oft have we wonder'd that on Irish ground 
No poisonous reptile has e'er yet been found ; 
Reveal'd the secret stands of Nature's work, 
She saved her venom to produce her Burke." 

But it was composed by Dallas, as I was told, spon- 
taneously, by Dallas himself, when he was Chief Justice 
of the Common Pleas. A most rankling hatred con- 
tinued to subsist between Burke and all Mr. Hastings's 
counsel. He regarded them as venal wretches, who 
were accomplices in murder after the fact; and they, 
in return, believed the accuser to have relentlessly 
attempted to bring down punishment upon innocence 
that he might gratify his malignity and his vanity. 
Yet they had never transgressed the strict line of their 
duty as advocates ; and he always sincerely believed 
that he was vindicating the wrongs of millions of our 
fellow-subjects in Asia. The three advocates con- 
sidered their defence of Mr. Hastings as the most 
brilliant and creditable part of their career; and the 
accuser, undervaluing his writings against the French 
Revolution, which he thought only ephemeral pam- 
phlets, exhorted Dr. Laurence, with his dying breath, 
to collect and publish an authentic report of the trial, 
saying, " By this you will erect a cenotaph most grate- 
ful to my shade, and will clear my memory from that 
load which the East India Company, King, Lords, and 
Commons, and in a manner the whole British nation 
(God forgive them), have been pleased to lay as a 
monument on my ashes." 

Law's fees, considerably exceeding 30007., were a 



76 REIGN OF GEORGE III. 

XLVII' P oor pecuniary compensation to him for his exertions 
Laws great and his sacrifices in this great cause ; but he was amply 

advance m _ r > 

business rewarded by his improved position in his profession, 
fame as When the trial began he had little more than provincial 

counsel for . 

Hastings, practice, and when it ended he was next to Erskme 
with a small distance between them. Independently 
of the real talent which he displayed, the very notoriety 
which he gained as leading counsel for Mr. Hastings 
was enough to make his fortune. Attorneys and attor- 
neys' clerks were delighted to find themselves con- 
versing at his chambers in the evening with the man 
upon whom all eyes had been turned in the morning in 
Westminster Hall a pleasure which they could secure 
to themselves by a brief and a consultation. From the 
oratorical school in which he was exercised while 
representing Warren Hastings, Law actually improved 
considerably in his style of doing business ; and by the 
authority he acquired he was better able to cope with 
Lord Kenyon, who bore a strong dislike to him, and 
was ever pleased with an opportunity to put him down. 
This narrow-minded and ill-educated, though learned 
and conscientious, Chief Justice, had no respect for 
Law's classical acquirements, and had been deeply 
offended by the quick-eared Carthusian laughing at his 
inapt quotations and false quantities. Erskine, who had 
much more tact and desire to conciliate, was the Chief 
Justice's special favorite, and was supposed to have his 
He resents " ear " or " the length of his foot." Law, having several 
Kenyon's times, with no effect, hinted at this partiality, after he 

ill usage of . . . , , 

him. had gained much applause by his speech on the Begum 
charge, openly denounced the injustice by which he 
suffered. In the course of a trial at Guildhall he had 
been several times interrupted by the Chief Justice 
while opening the plaintiff's case, whereas Erskine's 
address for the defendant was accompanied by smiles 
and nods from his Lordship, which encouraged the 



LIFE OF LORD ELLENBOROUGH. 77 

advocate, contrary to his usual habit, to conclude with CHAP. 

XL VII, 

some expressions of menace and bravado. Law having 
replied to these with great spirit and effect, thus con- 
cluded : 

" Perhaps, gentlemen, I may without arrogance assume that 
I have successfully disposed of the observations of my learned 
friend, and that the strong case I made for my client remains 
unimpeached. Still my experience in this Court renders me 
fearful of the result. I dread a power with which I am not at 
liberty to combat. When I have finished, the summing up is 
to follow." 

Looking at Erskine he exclaimed, 

" Non me tua fervida terrent 

Dicta ferox " 

He then made a bow to the Chief Justice, and as he sat 
down he added in a low, solemn tone, 

" Di me terrent et JUPITER HOSTIS." 

Lord Kenyon. thinking that the quotation must be 
apologetical and complimentary, bowed again and 
summed up impartially. When it was explained to 
him, his resentment was very bitter, and to his dying 
day he hated Law. But henceforth he stood in awe of 
him, and treated him more courteously. 

At the breaking out of the French Revolution, Law 
joined the very respectable body of alarmist Whigs 
who went over to the Government, he being actuated, 
I believe, like most of them, by a not unreasonable 
dread of democratical ascendency, rather than by any 
longing for official advancement. However, he refused 
offers of a seat in parliament even after the impeach- 
ment was determined. In society he acted the part of 
a strong Pittite, and he was accused of displaying 
" renegade rancor " against his former political associ- 
ates : but his friends asserted that "he had only been 



78 REIGN OF GEORGE III. 



a Whig as Paley, 1 his tutor, had been a Whig, and that 

.XL V 11. 

he uniformly was attached to the principles of freedom, 

I. William Paley, an eminent English writer, born at Peterbor- 
ough in 1743. He graduated in 1763 at Christ's College, Cambridge, 
where he does not appear to have been distinguished for his appli- 
cation, took holy orders, and was chosen a fellow of his college 
in 1766. He was subsequently employed as a tutor at Cambridge, 
and became rector of Musgrove in Westmoreland in 1775, soon after 
which date he married. In 1782 he was appointed Archdeacon of 
Carlisle. He published in 1785 " The Principles of Moral and 
Political Philosophy," regarded by some as the most important of 
all his works. As a writer he excels in logical power and in clear- 
ness of style. He denies the existence of a moral sense, and adopts 
the maxim that " whatever is expedient is right." He was liberal in 
theology, was a friend of civil and religious liberty, and earnestly 
advocated the abolition of the slave-trade. In 1790 he produced an 
admirable work entitled " Horae Paulina, or the Truth of the Scrip- 
ture History of Saint Paul evinced." He was appointed a preben- 
dary of St. Paul's in 1794, and was presented to the sub-deanery of 
Lincoln Cathedral. About 1795 he obtained the rectory of Bishop- 
Wearmouth. His other principal works are "A View of the Evi- 
dences of Christianity" (3 vols., 1794), one of the best works ever 
written on the subject of which it treats, and "Natural Theology, 
or Evidences of the Existence and Attributes of the Deity " (1802), 
which has a very high reputation and has often been reprinted. 
Paley's utilitarianism and alleged laxity of view respecting certain 
questions in morals, and in a no less degree his liberalism in politics, 
were distasteful to George III., who refused positively to appoint 
him to the episcopate, on his nomination by the Prime Minister. 
Died May 25, 1805. "This excellent writer," says Mackintosh, 
"who, after Clarke and Butler, ought to be ranked among the 
brightest ornaments of the English Church in the eighteenth cen- 
tury, is in the history of philosophy naturally placed after Tucker, 
to whom, with praiseworthy liberality, he owns his extensive obliga- 
tions. . . . His style is as near perfection in its kind as any in our 
language. . . . The most original and ingenious of his writings is 
the ' Horae Paulinse." ' The Evidences of Christianity' are formed 
out of an admirable translation of Butler's 'Analogy' and a most 
skilful abridgment of Lardner's ' Credibility of the Gospel History.' 
. . . His ' Natural Theology ' is the wonderful work of a man who 
after sixty had studied anatomy in order to write it ; and it could 
only have been surpassed by a man who to great originality of con- 
ception and clearness of exposition added the advantage of a high 
place in the first class of physiologists. ... It cannot be denied 
that Paley was sometimes rather a lax moralist, especially on pub- 
lic duties." (See Mackintosh's " Progress of Ethical Philosophy.") 
" On one great topic that of Christian evidence he has shed new 
light. By felicity of arrangement and illustration he has given an 
air of novelty to old arguments, whilst he has strengthened his 



LIFE OF LORD ELLENBOROUGH. 79 

although he was always, for the good of the people, a CHAP. 

-\I.\1 1. 

friend to strong government." 

His position on the circuit fully entitled him to the 
appointment which he now obtained of Attorney Gen- 
eral of the County Palatine of Lancaster, and he was 
fairly destined to higher advancement, when Scott and 
Mitford, the present law officers of the Crown, should 
be elevated to the bench. 

Meanwhile he conducted some State prosecutions He is 

opposed to 

in the provinces. Mr. Walker, a respectable merchant Erskine in 
at Manchester, and several others being indicted on the Walker, 
false testimony of an informer for a conspiracy to over- 
turn the Constitution, and to assist the French to in- 
vade England, Law conducted the case for the Crown, 
and Erskine came special against him. At first the de- 
fendants seemed in great jeopardy, and Mr. Attorney 
of the County Palatine, believing the witness to be sin- 
cere, eagerly pressed for a conviction. A point arising 
about the admissibility of a printed paper, Erskine the- 
atrically exclaimed, " Good God, where am I ? " 

Law (with affected composure): " In a British Court of 
justice ! " 

Erskine (indignantly) : "How are my clients to be excul- 
pated?" 

cause by important original proofs. His ' Horse Paulinae ' is one of 
the few books destined to live. Paley saw what he did see through 
an atmosphere of light. He seized on the strong points of his sub- 
ject with an intuitive sagacity, and has given his clear bright 
thoughts in a style which has made them the property of his readers 
almost as perfectly as they were his own. . . . He was characterized 
by the distinctness of his vision. He was not, we think, equally re- 
markable for its extent. He was popular rather than philosophical. 
He was deficient in that intellectual thirst which is a chief element 
of the philosophical spirit. He had no irrepressible desire to sound 
the depths of his own nature, or to ascend to wide and all-reconciling 
views of the works and ways of God. Moral philosophy he carried 
backward ; nor had he higher claims in religious than in ethical sci- 
ence. His sermons are worthy of all praise, not, indeed, for their 
power over the heart, but for their plain and strong expositions of 
duty and their awakening appeals to the conscience." Thomas' 
Biog. Diet. 



8o 



REIGN OF GEORGE III. 



CHAP. 
XLVII. 



Prosecu- 
tion of 
Redhead 
Yorke. 



Law (in a still quieter tone) : " By legal evidence." 
Erskine (much excited) : " I stand before the people of 
England for justice." 

Law (bursting out furiously) : " I am equally before the 
people of England for the protection of the people of England ; 
if you rise in this tone, I can speak as loudly and as em- 
phatically : there is nothing which has betrayed improper pas- 
sion on my part ; but no tone or manner shall put me down." 

In the course of the trial the rivals were reconciled, 
and tried which could flatter best. 

Law : " I know what I have to fear upon this occasion. I 
know the energy and the eloquence of my learned friend. I 
have long felt and admired the powerful effect of his various 
talents. I know the ingenious sophistry by which he can mis- 
lead, and the fascination of that look by which he can subdue 
the minds of those whom he addresses. I know what he can 
do to-day by remembering what he has done upon many other 
occasions before." 

Erskine : " Since I entered the profession I have met with 
no antagonist more formidable than my learned friend to 
whom 1 am now opposed. While admiring his candor and 
courtesy I have had reason to know the sharpness of his 
weapons and the dexterity of his stroke. 

' Stetimus tela aspera contra 

Contulimusque manus ; experto credite quantus 

In clypeum assurgat, quo turbine torqueat hastam.' " ' 

An acquittal took place, the guns which were to 
assist the French being proved to have been brought 
to fire a feu-dc-joie on the King's recovery. The iu- 
lormer, being convicted of perjury, was sentenced at 
the same assizes to stand in the pillory, and to be im- 
prisoned two years in Lancaster Castle. 2 

Law was more successful in prosecuting Mr. Red- 

1. This quotation was afterwards applied by Mr. Canning to 
Lord Brougham. 

" We joined our forces and took our stand against his sharp 
weapons ; experience has taught us how he towers against the 
(enemy's) shield and with what a whirlwind he hurls the spear." 

2. 23 St. Tr. 1055. LIVES OF CHANCELLORS, vi. 465. 



LIFE OF LORD ELLENBOROUGH. 8l 

head Yorke for sedition, but this prosecution reflects 
much discredit upon the times in which it took place. 
The defendant, at a public meeting, had made a speech 
which he printed and circulated as a pamphlet in favor 
of a reform in parliament animadverting with severity 
upon some of the proceedings of the House of Com- 
mons, and accusing that assembly of corruption. He 
was therefore indicted for a conspiracy " to traduce 
and vilify the Commons' House ol Parliament, to excite 
disaffection towards the King and his government, and 
to stir up riots, tumults, and commotions in the realm." 
Mr. Law, in opening the case to the jury, laid down 
that " whatever speech or writing had a tendency to 
lessen the respect of the people for the House of Com- 
mons was unlawful." He said, " In no country can a 
government subsist which is held in contempt. Does 
not every government under the sun take means, and 
must it not take means, against such degrading insults? 
Why in God's name is the united dignity of the empire 
to be insulted in this way ? What is the practical con- 
sequence of ridicule thrown on such a body? From 
the moment that men cease to respect, they cease to 
obey, and riot and tumult may be expected in every 
part of the kingdom." 

The defendant delivered a very able and temperate 
address to the jury ; but he was repeatedly interrupted 
by the Judge when making observations which we 
should think quite unexceptionable. A specimen may 
be both amusing and instructive : 

Defendant. " You will recollect that the House of Com- 
mons in one day, in the midst of a paroxysm of delusion, 
threw the liberties of the people at the foot of the throne I 
mean by the suspension of the Habeas Corpus Act. You will 
recollect that in consequence of that suspension, every man 
was unsafe in his person every man even had reason to trem- 
ble for his life." 



82 REIGN OF GEORGE III. 

XLVU Rooke, _/.' " I must check you, Mr. Yorke, when you talk 
of the House of Commons throwing the liberties of the people 
at the foot of the throne." 

i. Giles Rooke. This amiable judge bore the same Christian 
name as his grandfather and father. The former was resident at 
Rumsey in Hampshire ; and the latter a merchant in London, who 
became a director of the East India Company. He was the associate 
of literary men, and indulged himself in some very creditable trans- 
lations of the classic poets. By his marriage with Frances, daughter 
of Leonard Cropp of Southampton, he had a numerous family. His 
third child was the future judge. Giles Rooke was born on June 3, 
1743 ; and being sent at an early age to Harrow, then under Dr. 
Thackery, arrived at the highest class in the school ere he was 
thirteen. Thence he proceeded to Oxford, where he was matriculated 
at St. John's College in 1759. There he was an indefatigable stu- 
dent ; and he used to relate his mortification at the only reward he 
received from the college tutor for the great pains he had bestowed 
on a copy of Latin verses being the cold remark, " Sir, you have 
forgotten to put your tittles to your i's." Having taken his degrees 
of A.B. in 1763 and of A.M. in 1765, he was in 1766 elected to a fel- 
lowship of Merton College, which he held till his marriage in 1785 ; 
and in 1777 he was unsuccessful in a contest for the Vinerian pro- 
fessorship of common law, his opponent. Dr. Woodeson, beating 
him only by five votes out of 457. Although intended for the legal, 
it was thought that he preferred the clerical, profession, from his de- 
votion to the study of divinity. But his motive for pursuing the 
latter was to get rid of early prejudices and a tendency to scepticism 
and to satisfy himself of the truths of Christianity. The effects of 
this study and conscientious application were evident in all his 
future life, producing that character for genuine piety by which he 
was ever distinguished. The deep impression they made upon him 
is shown in a small pamphlet containing " Thoughts on the Pro- 
priety of Fixing Easter Term." which he published anonymously in 
1792. This did not prevent him from preparing for the profession 
he had chosen ; and having been called to the bar he joined the 
western circuit, of which he eventually became the leader. His 
success in business warranted him in accepting the dignity of 
the coif in 1781 ; and he had the honor of being made King's Ser- 
jeant in April, 1793. Soon after he succeeded in obtaining verdicts 
at the Easter assizes against William Winterbotham for preaching 
two seditious sermons at Plymouth, which, as connected with the 
French Revolution, were considered especially dangerous, and for 
which the reverend defendant was sentenced to a large fine and a 
long imprisonment. At that troubled period it was Sir Giles's lot to 
be brought very prominently forward. Having been, on November 
13 in the same year, appointed a judge of the Common Pleas in the 
place of Mr. Justice Wilson, and knighted, he delivered in his first 
circuit a charge to the grand jury at Reading on the excited state of 
the country ; and in July, 1795, he presided at York on the trial and 



LIKE OF LORD ELLENBOROUGH. 83 



Defendant. " If your Lordship had permitted me, I should 
have explained that idea." 

Rooke, J. " I sit here upon my oath, and I cannot suffer 
any sentiment to pass that is at all disgraceful to that House." 

Defendant. " It was far from my intention. I was only 
stating that the Habeas Corpus Act was suspended, and was 
about to state the reason why. I consider the Habeas Corpus 
Act and the Trial by Jury as the firmest bulwarks of our 
liberties ; certain it is that the legislature thought the country 
in danger that it was necessary to strengthen the arm of gov- 
ernment, and in some degree to weaken the liberties of the 
people. May not I, with your Lordship's permission, state 
what my perception is of the constitution, in order that I may 
point out where the necessity for reform lies ? " 

Rooke, J. " Annual parliaments and universal suffrage is 
the general principle upon which the witnesses say you have 
gone. Now, annual parliaments and universal suffrage are 
contrary to the established constitution of the country." 

Defendant. " Sir Henry Spelman, 1 treating of the Anglo- 

conviction of Henry Redhead Yorke for a conspiracy with others 
to inflame the people against the government, for which a severe 
punishment was inflicted. Though not considered a deep lawyer, 
nor very highly reputed on the bench, he was a mild and merciful 
judge. A story is told of him that a poor girl, having from the pres- 
sure of extreme want committed a theft, was tried before him and 
reluctantly convicted ; and that, while applauding the jury forgiv- 
ing the inevitable verdict, he declared that he so sympathized with 
them in their hesitation that he would sentence her to the smallest 
punishment allowed by the law. He accordingly fined her one shil- 
ling, adding, " If she has not one in her possession, I will give her 
one for the purpose." Towards the end of his life he suffered much 
from illness, which was greatly aggravated by his grief for the death 
of his two elder sons. After nearly fifteen years of judicial labors 
he died suddenly on March 7, 1808, in the sixty-fourth year of his 
life, during the whole of which he gained the respect of his contem- 
poraries for his strict integrity, his amiable temper, and his love of 
literature. His wife, Harriet Sophia, daughter of Colonel William 
Hurrard of Walhampton, Hants, and sister of Admiral Sir Harry 
Hurrard-Neale, Bart., survived him till the year 1839. She brought 
him a large family. One of their sons, the Rev. George Rooke, is 
Vicar of Embleton in Northumberland, and has kindly furnished 
many of the foregoing particulars. f'oss's fudges of England. 

I. Sir Henry Spelman, an antiquary, born at Congham, Norfolk, 
1562. He studied at Trinity College, Cambridge, and next in 
Lincoln's Inn. When very young he wrote a Latin treatise on coats 
of arms, which procured him admission into the first society of 



84 REIGN OF GEORGE III. 

CHAP. Saxon government, says that the Michel-Gemote met in annuo 
parliamento. Here is the Parliamentary Roll of 5 Ed. II." 

Rooke, f. " The Crown called a parliament annually with- 
out an annual election. Septennial parliaments are the law of 
the land, and I cannot hear you go on in that way." 

Defendant. " Septennial parliaments are unquestionably 
an actual law of the land ; but what I mean to state is, whether, 
according to the principles of the Revolution, they ought to 
be so. May I not state it as my opinion ?" 

Rooke, /. " No." 

Defendant. " Mr. Pitt himself and most of the great men 
have held the same language." 

Rooke, J. '" Not in a court of justice. I am bound by my 
oath to abide by the law, and I cannot suffer anybody to 
derogate from it." 1 

antiquaries. In 1604 he Served the office of high sheriff of Norfolk ; 
soon after which he was sent to Ireland as one of the commissioners 
for settling the titles of lands in that country. He was next appointed 
a commissioner to inquire into the exaction of fees in the courts and 
offices of England, for which he received the honor of knighthood. 
He now fixed his residence in London, where he employed himself 
in searching records, and studying the Saxon language, the difficulty 
of acquiring which led him to compile his " Archajologus," as he 
called it. or, as it was afterwards entitled, the " Glossarium." This 
great work, however, he did not complete, but published a part of it 
in 1626 ; and the rest was made up from his papers by Dugdale in 
1664. In 1627 Sir Henry compiled a history of the civil affairs of the 
kingdom, from the Conquest to Magna Charta. His next under- 
taking was the "Collection of the Councils of the English Church," 
of which he lived to publish only one volume, in 1639, folio ; and the 
second was edited, in 1664, by Dugdale. The last labor of Sir Henry 
was a " History of the Tenures by Knights' Service in England." 
He died in 1641. Among his other works are " A Treatise concern- 
ing Tithes " and "A History of Sacrilege." Sir Henry Spelman, by 
his will, founded a Saxon lecture at Cambridge, but it was not 
carried into effect. His son, Sir John Spelman, was knighted by 
Charles I., and made master of Sutton's Hospital. He died at 
Oxford 1643. He published the Saxon psalter, and wrote "The 
Life of Alfred the Great," which was published by Hearne 1709. 
A Latin translation, by Wise, was printed 1678. Clement Spelman, 
the youngest son of Sir Henry, became one of the barons of the 
Exchequer at the Restoration, and died 1679. Edward Spelman, who 
wrote a treatise on the Greek accents, and translated Xenophon, 
Cyropaedia, and Dionysius Halicarnassensis, was a descendant of the 
great antiquary. He died 1767. Cooper s Biog. Did. 

I. Rooke was a very meek man ; and at that time, I dare say, 
most of the other Judges would have held similar language. 



LIFE OF LORD ELLENBOROUGH. 85 



After a most intolerant reply from Mr. Law and a 
summing up, in which the Judge re-stated his doctrines 
with respect to finding fault with the existing constitu- 
tion of the House of Commons, the defendant was 
found guilty and sentenced to two years' imprisonment 
in Dorchester jail. What must have been the state of 
public feeling when such proceedings could take place 
without any censure in parliament, and with very little 
scandal out of it ? The reign of terror having ceased, 
and Englishmen being again reconciled to liberty, Mr. 
Redhead Yorke was much honored for his exertions 
in the cause of parliamentary reform, and he was called 
to the bar by the Benchers of the Middle Temple. 1 

Law gained very great credit with all sensible men 
from his conflict with Lord Kenyon about forestalling 
and regretting. He had studied successfully the princi- 
ples of political economy, and he admirably exposed 
the absurd doctrine that the magistrate can beneficially 
interfere in the commerce of provisions ; but he had the 
mortification to see his client sentenced to fine and 
imprisonment for the imaginary crime of buying with 
a view to raise the price of the commodity. 8 

I now come to what is considered the most brilliant A.D. 1799. 

Law's 

passage of the life of the future Lord Ellenborotigh triumph 
his triumph over Sheridan at the trial of Lord Thanet Sheridan. 
and Mr. Fergusson for assisting in the attempt to rescue 
Arthur O'Connor. 3 This trial excited intense interest. 
The Government was most eager for a conviction, 

1. 25 St. Tr. 1003-1154. 

2. R. v. Waddington, \ East 166. 

3. Arthur O'Connor, an Irish general, born at Bandon. near 
Cork, in 1767, was a Protestant. He joined the society of United 
Irishmen, who sent him on a secret mission to France, where he 
negotiated with General Hoche about the liberation of Ireland. In 
1797 or 1798 he was tried on a charge of treason, and acquitted. He 
entered the French service, and became a general of division in 1804. 
About 1807 he married Elisa, a daughter of the famous Condorcet. 
Died in 1852. Thomas' s Biog. Diet. 



86 REIGN OF GEORGE III. 

XLVH wn il e tn e honor of the Whig party was supposed to 
require an acquittal. Several police-officers, examined 
for the Crown, swore that both defendants had taken 
an active part in favoring O'Connor's escape in the 
court at Maidstone ; but they were flatly contradicted 
by several respectable witnesses, who were corrobo- 
rated by Mr. Whitbread ; and if the defendants' case 
had been closed there, in all probability they would 
have got off with flying colors. To make security 
double sure, Mr. Sheridan was called, and being ex- 
amined by Erskine, he gave his evidence in chief in a 
very collected and clear manner ; but being cross-ex- 
amined by Law, who had fostered a spite against him 
ever since their quarrel during Hastings's trial, he lost 
his head entirely and brought about a verdict of 
GUILTY. To convey a proper notion of this encounter, 
the cross-examination must be given at length : 

L. " I will ask you whether you do or do not believe that 
Lord Thanet and Mr. Fergusson meant to favor O'Connor's 
escape ? " 

S. " Am I to give an answer to a question which amounts 
only to opinion ? " 

L. " I ask as an inference from their conduct, as it fell 
under your observation, whether you think Lord Thanet or 
Mr. Fergusson meant to favor Mr. O'Connor's escape upon 
your solemn oath ? " 

.S. " Upon my solemn oath, I saw them do nothing that 
could be at all auxiliary to an escape." 

L. " That is not an answer to my question." 

S. " I do not wish to be understood to blink any question, 
and if I had been standing there and been asked whether I 
should have pushed or stood aside, I should have had no objec- 
tion to answer that question." 

L. " My question is, whether, from what you saw of the 
conduct of Lord Thanet and Mr. Fergusson, they did not 
mean to favor the escape of O'Connor, upon your solemn 
oath ?" 

.9. " The learned counsel need not remind me that I am 



LIFE OF LORD ELLENBOROUGH. 87 

upon my oath ; I know as well as the learned counsel does 
that I am upon my oath ; and I will say that I saw nothing 
auxiliary to that escape." 

L. " After what has passed, I am warranted in reminding 
the honorable gentleman that he is upon his oath. My ques- 
tion is, whether, from the conduct of Lord Thanet and Mr. 
Fergusson, or either of them, as it fell under your observation, 
you believe that either of them meant to favor O'Connor's 
escape ? " 

S. " I desire to know how far I am obliged to answer that 
question. I certainly will answer it in this way, that from 
what they did, being a mere observer of what passed, I should 
not think myself justified in saying that either of them did. 
Am I to say whether I think they would have been glad if he 
had escaped ? That is what you are pressing me for." 

L. " No man can misunderstand me ; I ask whether, from 
the conduct of Lord Thanet and Mr. Fergusson, or either of 
them, as it fell under your observation, you believe, upon your 
oath, that they meant to favor the escape of O'Connor? " 

.S. " I repeat it again, that from what either of them did, 
I should have had no right to conclude that they were persons 
assisting the escape of O'Connor." 

L. " I ask you again, upon your oath, whether you believe, 
from the conduct of Lord Thanet or Mr. Fergusson, that they 
did not mean to favor the escape of O'Connor? " 

S. " I have answered it already." 

Lord Kenyan. " If you do not answer it, to be sure we 
must draw the natural inference." 

S. " I have no doubt that they wished he might escape ; 
but from anything I saw them do, I have no right to conclude 
that they did." 

L. " I will have an answer : I ask you again, whether, 
from their conduct as it fell under your observation, you do 
not believe they meant to favor the escape of O'Connor?" 

. " If the learned gentleman thinks he can entrap me, 
he will find himself mistaken." 

Erskine. " It is hardly a legal question." 

Lord Kenyan. " I think it is not an illegal question." * 

I. I think it is clearly an illegal question, and I am astonished 
that Erskine so quietly objected to it. I should at once overrule 
such a question ; for it does not inquire into a fact, or any opinion 



88 REIGN OF GEORGE III. 

XLVH *" " * w ''^ re P eat tne question, whether, from their con- 

duct, as it fell under your observation, you do not believe that 
they meant to favor the escape of O'Connor ? " 

S. " My belief is, that they wished him to escape ; but 
from anything I saw of their conduct on that occasion, I am 
not justified in saying so." 

Erskine in vain tried to remedy the mischief by re- 
examination : 

" You were asked by Mr. Law whether you believed that 
the defendants wished or meant to favor the escape of Mr. 
O'Connor; I ask you, after what you have sworn, whether you 
believe these gentlemen did any act to rescue Mr. O'Connor ? " 

S. "Certainly not." 

E. " You have stated that you saw no one act done or 
committed by .either of the defendants indicative of an inten- 
tion to aid O'Connor's escape ? " 

S." Certainly." 

E. " I ask you, then, whether you believe that they did 
take any part in rescuing Mr. O'Connor ? " 

S. " Certainly not." 

However, the jury could never get over the WISH 
that O'Connor should escape ; ' so both defendants 
were convicted, and although their right arms were 
not cut off the specific punishment to which it was 
said they were liable they were sentenced to heavy 
fines and long imprisonment. 8 
Law recon- There had hitherto been a certain mistrust of Law, 

ciled to the . 

Tories. on account ot his earl}- \\higgery; but he was now 
hailed as a sincere Tory, and his promotion was certain. 

upon matter of science, but asks the witness, instead of the jury, the 
inference as to the guilt or innocence of the accused to be drawn from 
the evidence. 

1. Sheridan used afterwards to pretend that he had the best of it, 
and that he put Law down effectually. Among other questions and 
answers not to be found in the full and accurate report of the short- 
hand writer who was present, he used to relate "When Law said. 
' Pray, Mr. Sheridan, do answer my question, without point or epi- 
gram,' I retorted, ' You say true, Mr. Law ; your questions are 
without point or epigram." " 

2. 27 St. Tr. 821. 




LORI) ABIN'GER. 



LIFE OF LORD ELLENBOROUGH. 89 

For several more years, however, no vacancy ^Lvn 
occurred, and his highest distinction was being leader 
of the Northern Circuit. There, indeed, he reigned 
supreme, without any brother being near the throne. 
He had completely supplanted Serjeant Cockell, who, 
notwithstanding a most curious nescience of law, had 
for some time been profanely called " the Almighty of 
the North." Some juniors had taken the coif without 
emerging from obscurity, and the only other silk gown 
on the circuit was worn by " Jemmy Park," whom Law 
could twist round his finger at anytime. Scarlett, 1 in 
stuff, began to show formidable powers ; but as yet was 
hardly ever trusted with a lead. Being so decidedly 

I. James Scarlett, Lord Abinger, was born 1769 in Jamaica, 
where his family had long been resident and held considerable prop- 
erty. He was the second son of Robert Scarlett, Esq. At an early 
age he was sent to England for the purpose of education, and at the 
age of 17 was entered as a fellow commoner at Trinity College, 
Cambridge, where he graduated B.A. 1790, M.A. 1794. He was 
called to the bar in 1791, and rapidly rose to a high position as an 
advocate. In 1812, and again in 1816, he unsuccessfully contested 
the borough of Lewes, but in 1818 he entered the House of Commons 
as member for Peterborough. Mr. Scarlett was not, however, so 
successful in parliament as he was in the forensic arena. In 1822 he 
unsuccessfully contested the University of Cambridge, but was at the 
bottom of the poll. He was, however, re-elected for Peterborough. 
On the breaking up of the Liverpool administration in 1827 Mr. 
Canning invoked the assistance of the Whigs, and Mr. Scarlett 
became Attorney General and received the honor of knighthood. 
From that period he was a consistent supporter of Conservative 
principles. He continued to be Attorney General till Jan., 1828, 
when he was succeeded by Sir Charles Wetherell. In May, 1829, Sir 
Charles was dismissed from office by the Duke of Wellington on ac- 
count of his bigoted speech against the Catholic Relief Bill, and the 
vacant post filled up by the appointment of Sir J. Scarlett, who, with- 
out delay, field criminal informations against the principal news- 
papers which had opposed the policy of the government in regard to 
Catholic emancipation. He held the Attorney-Generalship until the 
accession of the Whigs to office in 1830. He subsequently was 
returned to parliament for Cockermouth and Norwich. Upon the 
formation of the Peel cabinet in Dec., 1834, he was made Chief 
Baron of the Exchequer and created Baron Abinger. He died at 
Bury St. Edmunds, while travelling the Norfolk circuit, April 7, 
1844. Cooper's Bicig. Diet. 



90 REIGN OF GEORGE III. 

' t ' ie " Cock of the Circuit," it is not wonderful that Law 
should crow very fiercely. According to all accounts, 
he did become excessively arrogant, and he sometimes 
treated rudely both his brother barristers and others 
with whom he came into collision. 

He was always ready, however, to give satisfaction 
for any supposed affront which he offered. Once he 
happened, at York, to be counsel for the defendant in 
an action on a horse-race, the conditions of which 
required that the riders should be " gentlemen." The 
defence was that the plaintiff, who had won the race, 
was not a " gentleman." A considerable body of evi- 
dence was adduced on both sides, and Mr. Law com- 
mented upon it most unmercifully. The jury found for 
the defendant that the plaintiff was " not a gentleman." 
The defeated party blustered much, and threatened to 
call the audacious advocate to an account. Law, put- 
ting off his journey, to Durham for a day, walked about 
booted and spurred before the coffee-house, the most 
public place in York, ready to accept an invitation into 
the field or to repel force by force, because personal 
chastisement had likewise been threatened. No message 
was sent, and no attempt was made to provoke a breach 
of the peace. 



LIFE OF LORD ELLENBOROUGH. 91 



CHAPTER XLVIII. 

CONTINUATION OF THE LIFE OF LORD ELLENBOROUGH 
TILL HE WAS APPOINTED LORD CHIEF JUSTICE. 

THE great Northern Leader had reached his fifty- CHAP. 
first year, and still the political promotion which he so He is made 

... 1 . T T -11 Attorney 

earnestly desired never opened to him. Having till General. 
then, in his own language, " crawled along the ground 
without being able to raise himself from it," in the 
language of his friend Archdeacon Paley, " he suddenly 
rose like an aeronaut." 1 

Mr. Pitt, in 1801, stepped down from the premier- 
ship, and, a new arrangement of legal offices following, 
Mr. Addington, 2 the new minister, sent for Mr. Law, Feb. 1801. 

1. Paley had been chaplain to Law's father, the bishop, who gave 
him his first preferment, and there was the strictest intimacy be- 
tween Law and Paley through life. The former, when Chief Justice, 
has been heard to say, " Although I owed much to Paley as an 
instructor (for he was practically my tutor at college), I was much 
more indebted to him for the independent tone of mind which I 
acquired through his conversation and example : Paley formed my 
character ; and 1 consider that I owe my success in life more to my 
character than to any natural talents 1 may possess." Law corrected 
for Paley the proof-sheets of some of his works as they were passing 
through the press ; and in Law's house in Bloomsbury Square there 
was an apartment which went by the name of " Paley's room," 
being reserved for the archdeacon when he paid a visit to the 
metropolis. 

2. Henry Addington, Viscount Sidmouth (b. 1755, d. 1844), the son 
of Anthony Addington, Lord Chatham's family physician, was called 
to the bar about the same time as Pitt, whose intimate friend he 
was. By Pitt he was persuaded to leave the bar and to turn his 
attention to political life. He was accordingly returned to parlia- 
ment as member for Devizes, and soon became conspicuous as a 
devoted follower of Pitt. In 1789 he was elected Speaker, and pre- 



92 REIGN OF GEORGE III. 

CHAP. anc j offering him the Attorney-Generalship, observed, 
" That as his ministry might be of short duration, and 
the sacrifice to be made considerable, comprising the 
lead of the Northern Circuit, to which there was no 
return, he would not expect an immediate answer, but 
hoped that in two days he might receive one ? " " Sir," 
said Mr. Law, " when such an offer is made to me, and 
communicated in such terms, I should think myself 
disgraced if I took two days, two hours, or two minutes, 
to deliberate upon it; I am yours, and let the storm 
blow from what quarter of the hemisphere it may, you 
shall always find me at your side." 

When he attended in the King's closet to kiss hands 
and to be knighted, George III., who had been recently 
in a state of derangement and was as yet only partiallv 
recovered, after bidding him " rise Sir Edward," said 

sided over the House until, on Pitt's resignation in 1801, he was 
invited by the King to form an administration. It was very feeble, 
and would scarcely have lived a month if Pitt had not for a time 
given it his protection and advice. Addington's ministry was chiefly 
signalized by the conclusion of the treaty of Amiens ; but when Pitt 
withdrew his support the utter weakness of the cabinet became 
very clear, and Addington was forced to make way for his former 
leader. There was now a complete breach between the two, and 
Addington, who had been created Viscount Sidmouth, attacked Lord 
Melville, and through him the Prime Minister, with great vehemence. 
After Pitt's death Addington became President of the Council in 
the Grenville and Fox administration. In the ministry of Perceval 
and the Duke of Portland he had no place ; but when Lord Liver- 
pool came into office in 1812 he was appointed Home Secretary. In 
this position his repressive policy, and the hostility he showed to 
popular movements, made him remarkably unpopular with the na- 
tion at large ; but he maintained his post for several years, until he 
resigned it to Sir Robert Peel, 1822, after which he took but little 
share in politics. His administration has been described by Macaulay 
as one which, in an age pre-eminently fruitful of parliamentary 
talents, contained hardly a single man who, in parliamentary talents, 
could be considered as even of the second rate. " He was," the same 
writer says, " universally admitted to have been the best speaker 
that had sate in the Chair since the retirement of Onslow. But 
nature had not bestowed on him very vigorous faculties," and his 
long occupation of the Chair had unfitted him for the task of heading 
an administration. Diet, of Eng. Hist. 



LIFE OF LORD ELLENBOROUGH. 93 

to him, " Sir Edward, Sir Edward, have you ever been 
in parliament?" and being answered in the negative, 
added, " Right, Sir Edward ; quite right, Sir Edward ; 
for now, when you become my Attorney General, Sir 
Edward, you will not eat your own words, Sir Edward, 
as so many of your predecessors have been obliged to 
do, Sir Edward." 

In those Ante-Reform-Act days the Government 
always easily, and as a matter of course provided 
seats in the House of Commons for the law-officers of 
the Crown, they paying only SOQ/. as a contribution to 
the Treasury-borough fund. A considerable number of 
seats were under the absolute control of the minister 
for the time being, and others, for a consideration in 
money or money's worth, were placed by borough 
proprietors at his disposal. The difficulty of getting 
and keeping a seat in the House of Commons, which 
now so much influences the appointment to offices, was 
then never thought of. In consequence, the minister 
certainly had a more unlimited command of talent and 
fitness for public service. No one would now think of 
going back to the " nomination " system, its conve- 
nieuces being greatly outweighed by its evils ; but the 
experiment may hereafter be made of allowing certain 
officers of the Crown, as such, to have voice without 
vote in the House of Commons. 

The new Attorney General, having deposited his 
SOD/, with the Secretary to the Treasury, was returned 
for a close borough, and on the 2nd of March, 1801, he 
was sworn in at the table. 

He seems to have imbibed the doctrine for which I 
have heard the great Lord Lyndhurst 1 strenuously 

I. John Singleton Copley, Lord LyndliurSt, was born at Boston, 
in New England, May 21, 1772, being the son of John Singleton 
Copley, the painter, who brought him to England about a year before 
the outbreak of the American Revolution. He received his education 
at Trinity College, Cambridge, where he obtained a fellowship ; and 



94 REIGN OF GEORGE III. 

XLVU'I conten ^' tnat no allusion ought to be made in parlia- 
ment to any political opinions entertained or expressed 

being appointed a " travelling bachelor," he was enabled, for the 
first and only time in his life, to revisit his native country. In 1804 
he was called to the bar, and for many years subsequently he went 
the Midland Circuit, rising by very slow degrees to professional 
eminence. In 1817, having then obtained the leadership of his 
circuit, he first brought himself prominently into public notice by the 
able manner in which he aided Sir Charles Wetherell in conducting 
the prosecution of Watson and Thistlewood, indicted for high treason. 
Though previously a Liberal in politics, he so favorably impressed 
the Tory leaders by his talents on this occasion that he was soon 
employed by them on behalf of the government in several important 
state trials ; and in 1818 was appointed chief justice of the county pala- 
tine of Chester. Thenceforth he remained for the most part an adher- 
ent of the party from which he had received his earliest promotion. 
Having entered parliament in 1818, he was appointed Solicitor General 
in the Liverpool administration in the following year, and in 1820 he 
took a leading part in the proceedings against Queen Caroline, avoid, 
ing, by the moderation and skill which he displayed, the censure so 
freely bestowed upon most of the parties to the trial. In 1824 he suc- 
ceeded to the Attorney-Generalship. At the general election of 1826 
he was returned by the University of Cambridge, in conjunction with 
Lord Palmerston, and a few months later he accepted the mastership 
of the rolls. During the early debates on Catholic emancipation in 
1827 he strenuously opposed the measure, but, to the surprise of 
the public, he entered the Liberal cabinet of Canning as Lord Chan- 
cellor, and was raised to the peerage, with the title of Baron Lynd- 
hurst, April 27, 1827. After the death of Canning, in the following 
August, he retained the great seal during the short-lived administra- 
tion of Viscount Goderich, and in that of the Duke of Wellington, 
retiring with his colleagues on the triumph of the Whigs in 1830. 
Previously to this he had given his full support to Catholic eman- 
cipation, declaring that he felt no apprehension for the safety of the 
Anglican Establishment. Shortly after retiring from the chancellor- 
ship he was appointed Chief Baron of the Exchequer, the duties of 
which office he discharged till 1834. Though prevented by official 
duties from participating largely in parliamentary proceedings, he 
was one of the most strenuous opponents of the Reform Bill, and 
upon the resignation of Earl Grey (1832) he endeavored unsuccess- 
fully to form a new Conservative ministry in conjunction with the 
Duke of Wellington. He held the great seal again during the brief 
administration of Sir Robert Peel (1834), and after retiring from office 
devoted himself for several years chiefly to the interests of his party, 
becoming one of the most effective leaders of the Tory opposition in 
the Upper House. In 1841 Sir Robert Peel formed his second min- 
istry, and Lord Lyndhurst for the third time accepted the great seal, 
which he retained till 1846, when he declared himself to be " at the 
close of his public, almost of his natural life." He, however, oc- 



LIKE OF LORD ELLENBGROUGH. 95 

by any individual before going into parliament. Having xLvni 
openly and zealously belonged to the Whigs till 1792, 
after changing sides, Law was eager to embrace every 
opportunity of attacking or sneering at that party in 
their subsequent prostrate condition. 

He entered St. Stephen's Chapel * too late in life to March l8 - 
be a skilful debater ; but as often as he spoke he com- 
manded attention by the energy of his manner and the 
rotundity of his phrases (reminding the old members 
of Thurlow), and he gave entire satisfaction to his 
employers. His maiden speech was made in support 
of the bill for continuing martial law in Ireland, which 
gave courts martial jurisdiction over all offences, with 
a power of life and death. He contended that " this 
measure had led to the extinction of rebellion in that 
country, and that to its operation the House owed their 
power of debating at that moment, for without it the 
whole empire would have been involved in one common 
ruin. The aspect of the late rebellion he conceived to 
be unequalled in the history of any country; never 
before had rebellion so aimed at the destruction of 
all that is venerable in political institutions or sweet 
in domestic life of all the social affections which unite 
man to man of all the sacred sanctions which bind man 

casionally took a prominent part in the proceedings of the House of 
Lords, supported the Derby ministry of 1852, advocated the war 
with Ruis'a, and denounced the policy adopted by Lord Clarendon 
in concluding the peace of 1856 as a practical capitulation on the 
part of England. Until the infirmities of age overcame him his 
speeches, remarkable for their elegant and severely simple style, and 
delivered with a voice of singular sweetness and power, were listened 
to with unabated interest, and to the day of his death he continued 
to exert great influence over the Conservative party. He died in 
London Oct. 12, 1863. Cooper 's Biog. Diet. 

i. St. Stephen's Chapel was a beautiful specimen of rich Deco- 
rated Gothic, its inner walls being covered with ancient frescoes 
relating to the Old and New Testament history ; it was used as the 
House of Commons from 1547 till 1834, and its walls resounded to 
the eloquence of Chatham, Pitt, Fox, Burke, Grattan, and Canning. 
Ifarc's Wnlks in London, vol. ii. p. 374. 



$6 REIGN OF GEORGE III. 

to his Maker." 1 Coercive measures for Ireland are all 
ways well relished in the House of Commons, and, on a 
division, eight only mustered in the minority. 

Mr. Attorney next argued the necessity for suspend- 
ing the Habeas Corpus Act in England, asserting that 
the constitution of the country would not be safe if the 
bill which was now moved for were not passed. He 
said " he would maintain that it was a most lenient 
measure, and particularly to those against whom it was 
intended. To prevent an outbreak of treason, was 
mercy to the traitors. Because crimes w r ere not judi- 
cially proved, their existence must not be denied. Had 
it not been for subsequent events, the acquitted and 
sainted Arthur O'Connor, long the idol of the other 
side of the House, now confessing his guilt who had 
been so lauded as to cause universal nausea would 
have gone to his grave loaded with the unmixed praises 
of his compurgators." s The minority now amounted 
to forty-two. 

Rev. John When the Rev. John Home Tooke was nominated 
Tooke, as member for the borough of Camelford, the question 
arose whether a priest in orders was qualified to sit in 
the House of Commons? Mr. Attorney learnedly 
argued for the negative, and zealously supported the 
bill to prevent such an occurrence in future. Mr. 
Home Tooke had his revenge, and excited a laugh at 
the dogmatizing method of his opponent, which he 
pronounced to be " only fit for the pulpit, so that an 
exchange might advantageously be made between the 
Law and the Church." 3 

Sir Edward's last speech in the House of Commons 
was on the claim made by the Prince of Wales against 
the King for an account of all the revenues of the 



1. 35 Parl. Hist. 1044. 

2. Ib. 1288. 

3. 35 Parl. Deb. 1335, 1398. 



LIKE OF LORD ELLENBOROUGH. 97 



Duchy of Cornwall during his Royal Highness's 
minority. The ground taken by him was, that the 
King had a set off for his Royal Highness's board and 
education, which overtopped the demand. " Can it be 
contended," said he, " that the Prince of Wales, after 
having been maintained one-and-twenty years in all the 
splendor becoming his elevated rank, may at last call 
the King to an account for all the money received for 
that purpose during his minority ? The Duchy of 
Cornwall was granted by Edward III. to his son, that 
he himself might be relieved from the burthen which 
had previously been thrown upon him and other Kings 
of maintaining their heirs at their own expense. It has 
been clearly shown that the money advanced to this 
Prince of Wales during his minority exceeds all his 
revenues, and that the balance is against him. The ele- 
gant accomplishments and splendid endowments of this 
' Hope of England' prove that he has experienced the 
highest degree of parental care, tenderness, and liberal- 
ity." 1 This controversy, though often renewed, was 
never brought to a final decision ; but the arguments 
seem conclusively to prove that the revenues of the 
Duchy of Cornwall belong to the Prince of Wales 
during his minority, and that he is entitled to an ac- 
count of them on his coming of age. 

The negotiations for a peace with Napoleon as First 
Consul of the French Republic were now going on, 
and parliamentary strife was allayed till the results 
should be known, all parties agreeing that in the mean 
time no attempt should be made to subvert the govern- 
ment of Mr. Addington. Before this event Sir Edward 
Law was transferred to another sphere of action. 

During the short period of his Attorney-Generalship Govern 
no prosecution for treason or any political offence arose, ^"' s - 
but in his official character he did conduct one of the 
i. 36 Parl. Hist. 433. 



98 REIGN OF GEORGE III. 

CHAP. mos t memorable prosecutions for murder recorded in 

^.L\ 111. 

our juridical annals. It brought great popularity to 
him and the Government of which he was the organ, 
upon the supposition that it presented a striking display 
of the stern impartiality of British jurisprudence; but 
after a calm review of the evidence I fear it will rather 
be considered by posterity as an instance of the triumph 
of vulgar prejudice over humanity and justice. The 
alleged crime had been committed twenty years before 
the trial, and, except in the case of Eugene Aram, 1 there 
never had been known such an illustration of the 

i. Eugene Aram, an English scholar, born at Ramsgill, York- 
shire, in 1704, executed at York for murder Aug. 6, 1759. Aram 
enjoyed a remarkable reputation for extensive scholarship acquired 
under the greatest difficulties, his father having been a poor gardener. 
After his marriage he established himself as a schoolmaster in his 
native district of Netherdale. In 1734 he removed his school to 
Knaresborough, where in 1745 he became implicated in a robbery 
committed by Daniel Clark, a shoemaker of Knaresborough ; and 
being discharged for want of evidence, he went to London. Clark 
disappeared mysteriously at the same time. Aram, while employed 
as school usher in various towns, and in an academy at Lynn in Nor- 
folk, pursued his favorite studies, and was engaged in compiling a 
comparative lexicon of the English, Latin, Greek, Hebrew, and Celtic 
languages when he was arrested on the charge of murder. Aram's 
wife had frequently intimated that he and a man named Houseman 
were privy to the mystery of Clark's disappearance. Houseman, on 
being pressed by the coroner, testified that Aram and a man named 
Ferry were the murderers, and that the body had been buried in a 
particular part of St. Robert's cave, a well-known spot near Knares- 
borough. A skeleton was discovered in the exact place indicated, 
and Houseman's evidence led to Aram's conviction. Aram refused 
the services of counsel, and conducted his own defence in an elabo- 
rate and scholarly manner, making an ingenious plea of the general 
fallibility of circumstantial evidence, especially that connected with 
the discovery of human bones. After condemnation he ac- 
knowledged his guilt. On the night before the execution he at- 
tempted suicide, but was discovered before he had bled to death, 
and his sentence was carried into effect three days after it was pro- 
nounced. Before he attempted suicide he wrote an essay on the sub- 
ject and also a sketch of his life. Of his " Comparative Lexicon " 
only passages from the preface are extant. He left a widow and six 
children. A veil of poetry has been thrown over his fate by Thomas 
Hood's ballad of " The Dream of Eugene Aram" and Bulwer's 
romance of " Eugene Aram." Applcton's Encyc., vol. i. p. 630. 



LIFE OF LORD ELLENBOROUGH. 99 

doctrine of our law, that in criminal matters no lapse of ^LYIM 
time furnishes any defence, while all civil actions are 
barred by short periods of prescription ; upon the sup- 
position that the evidence may have perished which 
might have proved the charge to be unfounded. 
JOSEPH WALL, who had served from early youth as an 
officer in the army, and had always been distinguished 
for gallantry and good conduct, was, during the Ameri- 
can War, appointed Governor of Goree, on the coast 
of Africa. With a very insufficient garrison, and with 
very slender military supplies, he had to defend this isl- 
and from the French, who planned expeditions against 
it from their neighboring settlement of Senegal. 
Governor Wall performed his duty to his country, in 
the midst of formidable difficulties, with firmness and 
discretion and the place intrusted to him was safely 
preserved from all perils till peace was re-established. 
He was then about to return home, in the expectation 
of thanks and promotion, but great discontents existed 
among the troops forming the garrison, by reason of 
their pay being in arrear. This grievance the) 7 imputed 
to the Governor, and they resolved that he should not 
leave the island till they were righted. Benjamin Arm- 
strong, a sergeant, their ringleader, was brought by him 
irregularly before a regimental court martial, and sen- 
tenced to receive 800 lashes. Although this whipping 
was administered with much severity, he in all proba- 
bility would have recovered from it if he had not imme- 
diately after drunk a large quantity of ardent spirits : 
but his intemperance, together with the wounds inflicted 
upon him by the flagellation, and an unhealthy climate, 
brought on inflammation and fever, of which he died. 
Order was restored, and the Governor returned to 
England. However, representations were made to the 
authorities at home respecting the irregularity and 
alleged cruelty which had been practised, and exag- 



IOO REIGN OF GEORGE III. 

CHAP, gerated accounts of the proceeding were published in 
the newspapers, stating among other things that the 
Governor had murdered Armstrong and several other 
soldiers by firing them from the mouths of cannon. A 
warrant was issued against him by the Secretary of 
State, he was arrested by a King's messenger, and he 
made his escape as they were conveying him from Bath 
in a chaise and four. He immediately went abroad, and 
he continued to reside on the continent till the peace 
of Amiens when, on the advice of counsel, he came to 
England, wrote a letter to the Secretary of State an- 
nouncing his return, and surrendered himself to take 
his trial. 

I am old enough to remember the unexampled 
excitement which the case produced. The newspapers 
were again filled with the atrocities of Governor Wall, 
and a universal cry for vengeance upon him was raised. 
Among the higher and educated classes a few individu- 
als, who took the trouble to inquire into the facts, 
doubted whether he was liable to serious blame, not- 
withstanding the circumstance against him that he had 
fled from justice ; but the mass of the population, and 
particularly the lower orders, loudly pronounced 
Governor Wall guilty before his trial, and clamored 
for his speedy execution. 

The trial (if trial it may be called) did come on at 
the Old Bailey on the 2Oth of January, 1802, under a 
special commission, issued by the authority of 33 Hen. 
VIII., c. 23. The Attorney General, who appeared as 
public prosecutor, was conscientiously convinced of 
the prisoner's guilt, and, free from every bad motive, 
was only desirous to do his duty. He propounded the 
law of murder very correctly to the Jury, and I cannot 
say that he suppressed any evidence, or put any 
improper question to any witness, but he showed a 



LIFE OF LORD ELLENBOROUGH. IOI 

determined resolution to convict the prisoner. I should ^Lvm 
not like to be answerable for such a conviction. 

Then a very young man, just entered at Lincoln's 
Inn, I was present at the trial, and, carried away by the 
prevalent vengeful enthusiasm, I thought that all was 
right ; but after the lapse of half a century, having dis- 
passionately examined the whole proceeding, I come to 
a very different conclusion. 

I have now a lively recollection of the effect pro- 
duced by the opening speech of the Attorney General, 
to which, as the law then stood, no answer by counsel 
was permitted. With professions of candor he nar- 
rated the facts in a tone of awful solemnity so as to 
rouse the indignation of the jury. He particularly 
dwelt upon the fact, that the men employed to inflict 
the punishment were not the drummers of the regiment, 
but African negroes, and he pronounced the punish- 
ment wholly illegal, as the sentence could only have 
been passed by a general court-martial assembled ac- 
cording to the " Articles of War." He allowed, indeed, 
that if there was a dangerous mutiny all forms might 
be dispensed with, but insisted that the onus lay on the 
prisoner to make this clearly out, and, by anticipation, 
he sought to discredit the witnesses to be called for the 
defence. He dwelt with much force upon the circum- 
stance that a despatch written by the prisoner, soon 
after his return to England, to Lord Sidney, the Secre- 
tary of State, was silent as to the supposed mutiny ; he 
palliated the resolution of the soldiers not to permit the 
Governor to leave the island till their arrears were paid, 
by observing that, "after his departure, a vast ocean 
would separate them from their debtor, and considering 
the precariousness of human life, and particularly in 
that unhealthy settlement, if they did not press their 
demand at that period it was possible they might not 
be in a situation afterwards to urge it with any benefU 



IO2 REIGN OF GEORGE III. 

CHAP, cial effect to themselves." These were the conditions 
on which it was said by the Attorney General the 
prisoner was entitled to an acquittal: "It will be in- 
cumbent on him to show the existence of crime in the 
alleged mutineer, the impossibility of regular trial, and 
the reasonable fitness of the means substituted and 
resorted to in the place of trial. All these things it will 
be incumbent on the prisoner to prove. It may like- 
wise be proper for him, in further exculpation of his 
conduct, to show ho\v he withdrew himself from justice 
at the time when he was first apprehended ; for it 
should seem that if he was an innocent man, this was 
above all others the convenient time to prove his in- 
nocence. It will give me great satisfaction if he is able 
to establish that there existed such circumstances as 
will make the crime with which he is charged not 
entitled to be denominated and considered as murder." 
The witnesses for the prosecution represented that 
when Armstrong and his associates came up, demand- 
ing their arrears, they were unarmed, and that they 
returned to their quarters when ordered to do so by the 
Governor, so that no extraordinary measures of severity 
were necessary but they admitted that the sentence 
had been pronounced by a drumhead court martial, 
which the Governor summoned, and they admitted 
although where a mutiny is made the subject of 
inquiry by a general court martial, it is officially 
returned if a mutiny is repressed at the instant, and a 
drumhead court martial is held, it is not returned if the 
punishment be short of death. No attempt was made 
to show that the prisoner had any spite against Arm- 
strong, or that he was actuated by any improper 
motive. 

When called upon for his defence Governor Wall 
confined himself to a simple narrative, which, if true, 
showed that Armstrong had been guilty of most cul- 



LIFE OF LORD ELLENBOROUGH. IO3 

pable conduct, and that after he had led back the men ^Lym' 
to their quarters he still entertained very dangerous 
designs. 

Mrs. Lacy, the widow of the succeeding Governor 
who had been second in command when the affair hap- 
pened, stated on her oath that Armstrong and the sev- 
enty soldiers he led on threatened Governor Wall, and 
swore that if he did not satisfy their demands they 
would break open the stores and satisfy themselves. 
She was strongly corroborated by eye-witnesses re- 
specting the dangerous character of the mutiny, and 
by the opinion of the other officers in the garrison, 
that extraordinary measures must immediately be taken 
to repress it. Several general officers who had known 
the prisoner all his life, and other respectable wit- 
nesses, gave him a high character for good temper and 
humanity. But one of them being cross-examined on 
the subject by the Attorney General, said that " he had 
not heard this character of him on the island of Goree," 
and a witness called in reply to say that a witness ex- 
amined for the prisoner ought not to be believed on his 
oath, said that the prisoner's witness was " reckoned a 
lying, shuffling fellow." 

The Jury, after half an hour's deliberation, returned 
a verdict of Guilty, which was received with loud ac- 
clamation, and, according to the law as it then stood, 
the sentence of death, which was immediately passed, 
was ordered to be carried into execution on the second 
day after the trial. 

Notwithstanding the general satisfaction testified, 
many were shocked by this proceeding, and petitions 
for mercy were presented to the King. The case being 
examined by Lord Eldon, and other members of the 
Government, there was a sincere desire among them to 
save the unfortunate gentleman, and a respite for two 
days was sent to give time for further deliberation 



1O4 REIGN OF GEORGE III. 

XLvni. but tnere arose such a burst of public resentment as 
was never known on such an occasion in this country. 
Still a further respite was granted for three days more, 
in the hope that reason and humanity might return to 
the multitude. On the contrary, an open insurrection 
was threatened, and it was said that the common 
soldiers and non-commissioned officers of the three 
regiments of Guards, who would have been called in to 
quell it, had declared that they would join the rioters, 
and assist with their own hands in executing the sen. 
tence of the law on the murderer of Sergeant Arm- 
strong. The Government had not the courage to 
grant a farther respite, and Governor Wall was hanged 
on a gibbet in front of the jail of Newgate, amidst the 
shouts and execrations of the most numerous mob ever 
assembled in England to witness a public execution. 1 
Lo n rd SS f ^' r Edward Law was now a good deal disturbed by 
Kenyon. the near prospect of a vacancy in the office of Chief 
Justice of the King's Bench. Lord Kenyon, having 
made a vain effort to discharge his judicial duties in 
the beginning of Hilary Term, had been ordered by his 
physician to Bath, and from the accounts of his declin- 
ing health, it was well understood that he could never 
sit again. The peace with France being approved of 
in both Houses, the Catholic question having gone to 
sleep, the King's health being restored, and Mr. Ad- 
dington's Government being stronger than any one 
ever expected to see it, Sir Edward Law would not 
have been sorry to have continued in the office of 
Attorney General, but he could not bear the idea of 
any one being put over his head, and rumors reached 

I. 28 St. Tr. 51-178. A writer, who highly approves of the exe- 
cution of Governor Wall, says, " His inhuman cruelties had so har- 
dened the multitude, that they hailed with exulting shouts his 
appearance on the scaffold, and triumphed in the knowledge that 
neither station, nor lapse of time, nor distance, would shield a con- 
victed murderer from his just doom." Townsemfs fudges, vol. i. 
328. 



LIFE OF LORD ELLENBOROUGH. 10$ 

him that as he could not be considered to have won a ^L^vm 
right to the office of Chief Justice, from having served 
only a few months as a law officer of the Crown, it was 
to be conferred on Erskine, who, since the peace, had 
been coquetting with the new Prime Minister. I hap- 
pened to be sitting in the students' box in the Court of 
King's Bench, on the 5th of April, 1802, when a note 
announcing Lord Kenyon's death was put into the 
Attorney General's hand. I am convinced that at this 
time he had received no intimation respecting the man- 
ner in which the vacancy was to be filled up, for he 
looked troubled and embarrassed, and immediately 
withdrew. 

He did not again appear in Court till the I2th of Lawi * 

made Chief 

April, when he was sworn in and took his seat as Chief Justice of 
Justice. 1 Mr. Addington had the highest opinion of and a Peer, 
him, and never had hesitated about recommending 
him for promotion. On going home from Court, after 
hearing of Lord Kenyon's death, Mr. Attorney found a 
letter from the Prime Minister, announcing that the 
King would be advised to appoint him, and expressing 
a confident belief that " when the royal pleasure was 
taken his Majesty would willingly sanction an appoint- 
ment likely to be so conducive to the upright and en- 
lightened administration of justice to his subjects." 
Immediately after Lord Kenyon's funeral, the King's 
pleasure was formally taken, with the anticipated re- 
sult, and his Majesty cordially agreed to the proposal 
that the new Chief Justice should be raised to the 
peerage. 

It was first necessary that he should submit to the 
degree of the coif, only serjeants-at-law being qualified 
to preside in the King's Bench, or to be Judges of 
Assize. In compliment to the peace concluded by his 

I. 2 East 253. 



106 REIGN OF GEORGE III. 

\LVUI P a t ron with the First Consul of the French Republic, 
he took for the motto of his rings, 

" Positis mitescunt secula bellis." ' 

For his barony he chose from a small fishing village 
on the coast of Cumberland a sounding title, to which 
there could be no objection, except that having very 
often officially to sign it, he was forced afterwards to 
write many millions of large characters, beyond what 
would have been necessary if he had been contented 
with a word of two syllables, without any unphonetic 
consonants. 2 

1. " War being ended, the country grows peaceful." 

2. At Ellenborough there is a small estate which had been in his 
mother's family since the reign of Henry II., and it was supposed 
that he was partly induced to take this title as a mark of respect to 
her memory. 



LIFE OF LORD ELLENBO ROUGH. IO? 



CHAPTER XLIX. 

CONTINUATION OF THE LIFE OF LORD ELLENBOROUGH 
TILL HE BECAME A CABINET MINISTER. 

LORD ELLENBOROUGH'S appointment was generally 
approved of, and he had the felicity of being promoted A - D - l8 2 
without the hostility of an effete predecessor, or the 
grudge of a disappointed rival, or the envy of contem- 
poraries whom he had surpassed. 

His professional qualifications were superior to those His quaii- 

T T . ficntions as 

of any other man at the bar. Having an excellent head a judge. 
for law, by his practice under the bar he was familiarly 
versed in all the intricacies of special pleading: al- 
though not equally well acquainted with conveyanc- 
ing, he had mastered its elements, and he could pro re 
natd adequately understand and safely expatiate upon 
anv point of the law of real property which might arise. 
He was particularly famous for mercantile law ; and a 
thorough knowledge of the rules of evidence, and of 
the principles on which they rested, made his work 
easy to him at nisi prius. Not only had he the incor- 
ruptibility now common to all English Judges, but he 
was inspired by a strong passion for justice, and he 
could undergo any degree of labor in performing what 
he considered his duty. He possessed a strong voice, 
an energetic manner, and all physical requisites for fix- 
ing attention and making an impression upon the minds 
of others. I must likewise state as a great merit that 
he could cope with and gain an ascendency over all the 



IO8 REIGN OF GEORGE III. 

x"ix' ccunse l wno addressed him, and that he never had a 
favorite dealing out with much impartiality his rebuffs 
and his sarcasms. The defects in his judicial aptitude 
were a bad temper, an arrogance of nature, too great 
a desire to gain reputation by despatch, and an exces- 
sive leaning to severity of punishment. 

He did not by any means disappoint the favorable 
anticipations of his friends, although the blemishes 
were discoverable which those dreaded who had more 
closely examined his character. The day when he took 
his seat in court as Chief Justice, he said privately to 
an old friend that "his feelings as a barrister had been 
so often outraged by the insults of Lord Kenyon, he 
should now take care that no gentleman at the bar 
should have occasion to complain of any indignity in 
his court, and that he hoped any one who thought him- 
self ill-used would resent it." Yet before the first term 
was over, he unjustifiably put down a hesitating junior, 
and ever after he was deeply offended by any show 
of resistance to his authority. By good fortune he 
His had very able puisnes, so that the decisions of the 

puisnes. Court of ' King . s Bench while he was Chief Justice are 
entitled to the highest respect. Grose was his coadju- 
tor of least reputation ; but this supposed weak brother, 
although much ridiculed, 1 when he differed from his 
brethren, was voted by the profession to be in the 
right. All the others Lawrence, Le Blanc, Bayley, 2 

1. " Quails sit Grocius Judex uno accipe versu ; 

Exclamat, dubitat, balbutit, stridet et errat." 
"Grocius with his lantern jaws 
Throws light upon the English laws." 

2. Sir John Bayley, an English jurist, born in 1763. He published 
a " Summary of the Laws of Bills of Exchange " (1789), and became a 
justice of the King's Bench in 1808. Died in 1841. Thomas's Biog. 
Diet. 

" No judge since the act was passed in 1799 granting a pension on 
retirement after fifteen years' service has declined to avail himself 
of the privilege for so long a period as Sir John Bayley. He occu- 




SIR JOHN BAYLEY. 



LIFE OF LORD ELLENBOROUGH. 109 

Dampier, 1 Abbott, Holroyd 2 were among the best 

pied the bench for no less than twenty-six years, with the highest 
reputation as a lawyer, and undiminished respect and esteem from 
every one who acted either with or under him. The author of these 
pages, who is old enough to have advised with him when a Serjeant, 
has been a witness of his whole subsequent career, during which he 
never heard one word to his disparagement." pass's Judges of Eng- 
land. 

I. Henry Dampier. The Le Dampierres, anciently Counts of Flan- 
ders, are the reputed ancestors of this amiable judge, who was not 
more distinguished for his learning in the law than for his eminence 
in " literis humanioribus" and in general attainments. His father, 
the Rev. Thomas Dampier, a native of Somersetshire, from being 
one of the masters at Eton College, was raised to the deanery of 
Durham, and having married twice was most fortunate in his fam- 
ily. Thomas, the elder of his two sons by his first wife, Anne 
Hayes, became successively Bishop of Rochester (1802) and Ely 
(1808); and John, the younger, held a canonry in the latter cathe- 
dral. Henry, his only son by his second wife, Frances Walker, by 
attaining the high rank of a judge in Westminster Hall, claims a 
notice in these pages. Henry Dampier was born on December 21, 
1758, at Eton, and having received his early education there, was 
elected to King's College, Cambridge, in 1775. He took his degree 
of B.A. in 1781, and of M. A. in 1784, in the interim proving his 
assiduity and showing his proficiency by gaining the members' prizes 
both in 1782 and 1783. Preferring the legal to the clerical profes- 
sion, for which he was at first intended, he entered the Middle 
Temple in 1781, and was called to the bar in the customary routine. 
During the next thirty years he pursued the rugged paths of the 
law, content with the high character he obtained by his industry and 
intelligence as an acute counsel, and with the esteem and admira- 
tion he acquired by his obliging disposition and his classical as well 
as legal learning, made more attractive by the brilliancy of his con- 
versation and his wit. Not seeking the addition either of a coif to 
his wig or a silk gown to his back (honors not then so lavishly be- 
stowed as in the present day), he shone as a junior, whose advice 
might be surely depended on, and whose advocacy might be safely 
trusted ; and he was marked out in Westminster Hall as a future 
judge long before the prophecy could be fulfilled. The high judicial 
prizes are " few and far between," and the longevity of the then 
occupants of the bench prevented them from being often drawn. 
But at last Mr. Justice Grose retired, and Mr. Dampier was ap- 
pointed his successor in the King's Bench on June 23, 1813, when he 
was knighted. His career as a judge was doomed to be shorter than 
any who had lately preceded him ; but it was long enough to cause 
the sincerest sorrow for its termination, not only to all his ermined 
brethren, but to the whole bar who practised under him. Ere he 

2. See note I, on next page. 



IIO REIGN OF GEORGE III. 

XLrx.' Iaw 7 ers tnat have appeared in Westminster Hall in my 
time. It was a great happiness to practise before 

had graced the bench for two years and a half he died on February 
3, 1816. Few have left a name so universally respected. He mar- 
ried in 1790 Martha, daughter of the venerable John Law, archdeacon 
of Rochester. She and five of their children survived him ; one of 
whom, John Lucius Dampier, was recorder of Portsmouth, and be- 
came vice-warden of the Stannaries in Cornwall, the duties of which 
he performed most exemplarily till his early death in 1853. foss's 
Judges of England. 

i. George Sowley Holroyd. To the same stirps from which Lord 
Sheffield descended, Sir George Sowley Holroyd owed his origin ; 
the direct ancestors of both, George and Isaac, being the sons of 
Isaac Holroyd of Crawcrofte in Rishworth in the parish of Elland 
in the county of York. The judge was the great-grandson of George ; 
and the eldest son of another George, by Eleanor, the daughter of 
Henry Sowley of Appleby, Esq., from whom he received one of his 
baptismal names. He was born at York on October 31, 1758, and 
was sent in 1770 to Harrow School, then presided over by the Rev. 
Dr. Sumner. From Harrow it was intended that he should proceed 
to the university, but in consequence of his father suffering some 
severe losses from unfortunate speculations the judge was removed 
from Harrow, and in April, 1774, was articled to Mr. Borthwick, an 
attorney in London. At the end of three years he entered Gray's 
Inn ; and having, under the pupilage of Mr. (afterwards Sir Alan) 
Chambre, acquired by patient assiduity a considerable amount of 
legal learning, he commenced business as a special pleader on his 
own account in April, 1799. During the eight years that he pur- 
sued this branch of the profession he adopted, with Romilly, Chris- 
tian, and Baynes, one of the most effective preparations for the con- 
tests into which they were about to enter. Meeting at each other's 
chambers, they discussed legal points previously arranged ; one of 
them taking the affirmative side, another supporting the contrary 
part, and a third summing up the arguments and deciding the ques- 
tion as judge. On June 26, 1787, he was called to the bar, and about 
three months after married Sarah, the daughter of Amos Chaplin, 
Esq., who, after bringing him fourteen children, survived him for 
seventeen years. His family connections naturally led him to join 
the northern circuit ; and the character he had acquired while under 
the bar for solidity of judgment and professional ability secured to 
him from the commencement of his forensic career a fair proportion 
of business, both in the north and in Westminster Hall. Ere he had 
been called a year his name appears in two cases in the " Term Re- 
ports " (ii. 445, 480). During the twenty-nine years that he remained 
at the bar his fee-book shows the rapid increase of his practice, 
proving also the advance of his reputation by the number and im- 
portance of the cases submitted to his direction. A story is told 
that, when he was forty-eight years of age, Lord Kenyon spoke of 
him as " a rising young man " ; but unfortunately for the narrator's 



LIFE OK LORD ELLENBOROUGH. Ill 

them, and I entertain a most affectionate respect for 
their memory. 

Lord Ellenborough did not attempt to introduce any 
reform in the practice of his court, or in the prepara- 
tion of the preliminary pleadings. The writ of Latitat ' 

credit his lordship's career was finished in 1802, before Mr. Holroyd 
had attained his forty-fourth year, and when he had as good a prac- 
tice as any junior member of the bar. Of a retiring disposition, he 
persisted in declining the offer of a silk gown, and therefore his 
merits were comparatively unrecognized by the general public ; but 
among the legal community his superiority was fully acknowledged, 
and it was said of him that " he was absolutely born with a genius 
for law." So highly were his instructions esteemed that, while 
at the bar, no less than forty-seven pupils availed themselves of 
them, among whom were Mr. Baron Hullock, Mr. Baron Bolland, 
and Mr. Justice Cresswell. In 1811 he greatly distinguished himself 
in the celebrated case of privilege, Btirdett v. the Speaker of the 
House of Commons, by his luminous arguments on behalf of the 
plaintiff (14 East's Reports n). In the last years of his practice at 
the bar he was sent by the government to Guernsey at the head of 
a commission to inquire into and determine certain "doleances" 
complained of by persons resident in that island. At length an op- 
portunity occurring, by the death of Sir Henry Dampier, of raising 
him to a position to which his powers were peculiarly adapted, he 
was appointed a judge of the King's Bench. In that court he sat for 
more than twelve years, from February 14, 1816, to November 17, 
1828, the date of his resignation, fully sustaining the reputation he 
had acquired, and largely contributing to the high character of the 
bench to which he belonged, when associated with such erudite and 
discriminating judges as Lord Tenterden, Sir John Bayley, and Sir 
Joseph Littledale. His patience never seemed to be wearied ; his 
amiable temper was never ruffled ; his decisions were always clear 
and well founded, for his memory was the storehouse of all the 
arguments that had ever been advanced for or against the case he 
was to judge ; and his taste, with no effort at display, was so exqui- 
site that he made the driest subject interesting. The infirmities 
which obliged him to retire, in three years terminated his life on 
November 21, 1831, at his residence at Hare Hatch in Berkshire. 
Foss's Judges of England. 

I. Latitat (he lies hid) in English law is the name of a writ calling 
a defendant to answer to a personal action in the King's Bench. It 
derives its name from a supposition that the defendant lurks and 
lies hid, and cannot be found in the county of Middlesex (in which 
the said court is holden) to be taken there, but is gone into some 
other county, and therefore requiring the sheriff to apprehend him 
in such other county. Fitz. N. B. 78. Abolished by stat. 2 Wm. 
IV. c. 39. 



112 REIGN OF GEORGE III. 

CHAP. was still as much venerated as the writ of Habeas 

XI *1 A 

Corpus, and all the arbitrary and fantastic rules respect- 
ing declarations, pleas, replications, rejoinders, surre- 
joinders, rebutters and surrebutters, which had arisen 
from accident or had been devised to multiply fees, or 
had been properly framed for a very different state of 
society, were still considered to be the result of unerr- 
ing wisdom, and eternally essential to the due adminis- 
tration of justice. Antiquity was constantly vouched 
as an unanswerable defence for doctrines and proce- 
dure which our ancestors, could they have been sum- 
moned from their graves, would have condemned or 
ridiculed. One obstacle to legal improvement, now 
removed, then operated most powerfully, though in- 
sensibly that antiquated juridical practice could not be 
touched without diminishing the profits of offices which 
were held in trust for the Judges, or which they were 
permitted to sell. 1 The grand foundation of legal im- 
provement was the bill for putting all the subordinate 
officers in the courts at Westminster, as well as the 
Judges, on a fixed salary allowing fees of reasonable 
amount to be paid into the public treasury towards the 
just expenses of our judicial establishment. The Ben- 
thamites 2 would go still further and abolish court fees 

1. I never saw this feeling at all manifest itself in Lord Ellenbor- 
ough except once, when a question arose whether money paid into 
court was liable to poundage. I was counsel in the cause, and threw 
him into a furious passion by strenuously resisting the demand. The 
poundage was to go into his own pocket being payable to the chief 
clerk an office held in trust for him. If he was in any degree in- 
fluenced by this consideration, I make no doubt that he was wholly 
unconscious of it. 

2. Jeremy Bentham (/>. 1747, </. 1832), educated at Westminster and 
Queen's College, Oxford, was originally intended for the bar, but, 
being possessed of private means, he determined to devote his life 
to the reformation, rather than the practice, of the law, and wrote 
numerous works with this object. In spite of their unequal value 
his books remain a storehouse for the politician and the law-reformer. 
Indeed, there are few administrative reforms which have not been 
suggested wholly or in part by Bentham's writings. But his value 




JEREMY BENTHAM. 



LIFE OF LORD ELLENBOROUGH. 113 

altogether ; but there seems no hardship in the general 
rule that the expense of litigation shall be thrown upon 
the parties whose improper conduct must be supposed 
to have occasioned it. Arbitrators are paid by the 
party found to be in the wrong, and the burthen of 
maintaining the Judges appointed by the State ought 
not to be borne by those who habitually obey the law, 
and spontaneously render to every man his awn. 

Upon the accession of Lord Ellenborough, the ab- 
surd doctrines about forestalling and regrating were 
understood, like prosecutions for witchcraft, to begone 
for ever on account of the manly stand he had made 
against them under Lord Kenyon, and there has not 
since been any attempt to revive them. The internal 
free trade in corn was thus practically secured, al- 

does not only consist in being a suggester of reform on the details of 
legislation and procedure ; he is also one of the fathers of English 
jurisprudence. His place in that science is midway between Hobbes 
and Austin. Hobbes had first discerned the doctrine that whatever 
be the form of government the sovereign authority is ultimately ab- 
solute ; but he had deduced from this the theory of non-resistance. 
Bentham perceived the fallacy in this deduction, and separated 
clearly the legal necessity for obedience from the political duty of re- 
sistance. The test of the propriety of political resistance Bentham 
held to be " Utility," in the sense of the greatest happiness of the 
greatest number. This maxim, whatever may be its value as the 
basis of a philosophy, furnishes an excellent rule for practical ac- 
tion. In fact, as Sir Henry Maine has pointed out, by thus making 
the good of the community take precedence of every other object 
Bentham offered a clear rule of reform, and gave a distinct object to 
aim at in the pursuit of improvement. In this respect his influ- 
ence may be compared with that of the jus na/urtz in Roman law. 
Bentham's works, which are very numerous, have been collected 
by his disciple Bowring (London, 1837), who has prefixed to the col- 
lection a sketch of Bentham's method. Those of his writings which 
will best repay perusal are " The Fragment on Government " (1776), 
in answer to Blackstone ; " The Book of Fallacies," and " The Tract 
on Usury." His theory of punishments is contained in " The Prin- 
ciples of Morals and Legislation" (published separately by the 
Clarendon Press), and in a translation from the French of his dis- 
ciple Dumont, entitled " The Theory of Legislation." For criticisms 
of Bentham's philosophy see preface to Green and Grose's edition 
of " Hume," and W. L. Courtenay, " Criticism on th Philosophy of 
J. S. Mill." Diet, of En*. Hist. 



114 REIGN OF GEORGE III. 

XLIX"' tnou gh the doctrine that free importation of corn 
ought to be allowed from foreign countries did not 
follow for near half a century, and Lord Ellenborough 
himself would probably have regarded with as much 
horror such an importation, as did his predecessor a 
corn-merchant buying wheat at Uxbridge to be resold 
in Mark Lane. 1 

I do not think that on any other subject the prin- 
ciples were altered by which the Court of King's 
Bench now professed to be guided. Lord Ellenborough 
adhered to the rule that in ejectment the legal estate 
shall always prevail, and that an outstanding term 
might be set up unless it might be fairly presumed to 
be extinguished or surrendered, or the defendant was 
estopped from contesting the title of the claimant. A 
more liberal and scientific mode, however, was restored 
of treating commercial questions, the civil law and for- 
eign jurists were quoted with effect, and the authority 
of Lord Mansfield was again in the ascendent. 

Chief Justice Ellenborough's judgments connected 
with politics and history I propose hereafter to intro- 
duce chronologically as 1 trace his career after he 
mounted the bench. At present I think it may be 
convenient to mention some of the more important 
questions before him, which derive no illustration or 
interest from the time when they arose, or from any 
concomitant events. 

LordEiien- I n now looking over the bulky volumes of " East " 
decisions, and of " Maule and Selwyn," 2 it is wonderful to ob- 

1. Mark Lane is one of the busiest streets in London. It was origi- 
nally " Mart Lane from the privilege of fair accorded by Edward 1. to 
Sir Thomas Ross of Hamlake, whose manor of Blanch Appleton be- 
came corrupted into Blind Chapel Court." In the reign of Edward 
IV. basket-makers, vine-dressers, and other foreigners were permit- 
ted to have shops in the manor of Blanch Appleton and nowhere 
else in the city. 

2. Maule and Selwyn, reporters of the King's Bench from 1813 
to 1817. " Without any specific objection to them that I know of. 



LIFE OF LORD ELLENBOROUGH. 115 



serve how many of the decisions which they record 
may already be considered obsolete. A vast majority 
of them are upon rules of practice and pleading, since 
remodelled under the authority of the legislature 
upon Sessions' law respecting settlements, rating, and 
bastardy, which has been entirely altered by successive 
statutes upon the old Quo warranto law, swept away 
by the Parliamentary Reform Act and the Municipal 
Corporations' Amendment Act upon the law of tithes, 
abolished by the Tithe Commutation Act and upon 
concerted commissions of bankruptcy and the validity 
of petitioning creditors' debts, which have become im- 
material by the new Bankrupt and Insolvent Codes. 

I proceed to select a few cases, decided by Lord 
Ellenborough, which depend upon the common law 
and the eternal principles of right and wrong, and 
which must ever be interesting and instructive to those 
who wish to have a liberal knowledge of our juris- 
prudence. 

In Rodney \. CJiambcrs 1 the important question Validity of 
arose upon the legality of a covenant by a husband, who separation. 
had been separated from his wife and had been recon- 
ciled to her, to pay a certain sum of money annually to 
trustees for her support in case of a future separation. 
His counsel contended that such a covenant was con- 
trary to public policy, as tending to encourage the wife 
to leave her husband, and to disturb the harmony of 
conjugal life. 

Lord Ellenborough. " I should have thought that it would 
have fallen in better with the general policy of the law to have 
prohibited all contracts which tend to facilitate the separation 
of husband and wife ; but we cannot reject the present on that 
ground without saying that all contracts which have the same 

these Reports are perhaps less cited in daily practice than almost 
any other Reports of modern times." (Law Magazine ami Law J\e- 
I'iew. vol. ix. p. 340.) Wallace's Reporters. 
I. 2 Zast 283. 



Il6 REIGN OF GEORGE III. 

CHAP, tendency are vicious which would extend, for aught I can 
see, to provisions for pin-money or any other separate provi- 
sion for the wife, which tends to render her independent of the 
support and protection of her husband. Deeds of separation 
are not illegal, and I cannot see how it is more illegal to pro- 
vide for future than for present separation." [Judgment against 
the husband.] 

Action for Whether in consequence of this deed, or from some 
notwith- ' other cause, the wife soon after separated from her hus- 
dcedof 6 band and had an affair of gallantry with a military officer, 
separation. ^ n act j oll f or cr i m . con. being brought, the defence was 
set up that the plaintiff had voluntarily renounced the 
society of his wife, and therefore that this action could 
not be maintained, \,\\& gravamen oi which is the per quod 
consortium amisit ; but Lord Ellenborough held that 
although the husband had made a provision for his 
wife's separate maintenance, he could not be said to 
have given up all claim to her society and assistance, 
and that he sustained an injury from the adultery 
which brought disgrace upon his name, and might in- 
troduce a spurious progeny into his family. 1 
NO implied In Parkinson v. Lee? in contradiction to the loose 
from high maxim that on the sale of goods a sound price implied 
goods! a warranty of soundness, Lord Ellenborough, with the 
rest of the Court, decided that upon a sale of hops, 
however high the price might be, there was no implied 
warranty that the commodity should be merchantable, 
and that in the absence of fraud the governing maxim 
is caveat eniptor? 
Liability Mr. Justice Johnson, an Irish Judge, having been in- 

for publica- 

tionofa dieted in the Court of Kings Bench at Westminster 
England by for publishing in the county of Middlesex a libel on 
person" Earl Talbot, 4 the Lord Lieutenant of Ireland, and hav- 

living out 

of Eng- i. Chambers v. Caul field, 6 East 244. 

land. 2. 2 East 314. 

3. " Let the buyer beware." 

4. Sir Charles Chetwynd Talbot, second Earl Talbot of Hensol 
(1777-1849), born on April 25, 1777, was the elder son of John Chet- 



LIFE OF LORD ELLENBOROUGH. 1 17 

ing pleaded in abatement that as he had been born and 
had constantly resided in Ireland, he was only liable to be 
tried in the courts of that country, Lord Ellenborough, 
in a very elaborate judgment, overruled the plea, thus 
concluding : 

" If the circumstances of the defendant's birth in Ireland 

wynd Talbot, first earl, by his wife Charlotte, daughter of Wills 
Hill, first Marquis of Downshire. Charles Talbot, Lord Chancellor, 
was his great-grandfather. Charles succeeded to the peerage on the 
death of his father on May 19, 1793. He matriculated from Christ 
Church, Oxford, on October 11,1794, and was created M.A. on June 
28, 1797. After leaving Oxford he joined Lord Whitworth's embassy 
in Russia as a voluntary attache, and formed a lasting friendship 
with his chief. Returning to England about 1800, he devoted him- 
self to the improvement of his estates and to the geneial promotion 
of agriculture in England. In 1803 he took an active part in organ- 
izing a volunteer force in Staffordshire to oppose the invasion of 
England contemplated by Napoleon. In August, 1812, he was 
sworn lord lieutenant of the county, and continued to hold the office 
till his death. On October 9, 1817, he was appointed Lord Lieutenant 
of Ireland, Sir Robert Peel acting as Irish secretary until 1818. Dur- 
ing his term of office he rendered considerable services to the agri- 
culture of the country, in recognition of which he was presented 
with the freedom of Drogheda. In 1821, during his viceroyalty, 
George IV. visited Ireland, and on that occasion he was created a 
Knight of the Order of St. Patrick. Though he steadily opposed 
Catholic emancipation, O'Connell gave him credit for impartiality, 
and Lord Cloncurry spoke of him as "an honorable, high-minded 
gentleman." The discontent in Ireland, however, continued to grow 
during his administration, and in December, 1822, he was somewhat 
ungraciously superseded by the Marquis Wellesley. In 1839 Talbot 
received in recognition of his services as Lord Lieutenant of Staf- 
fordshire a testimonial amounting to 1400, which he devoted to 
the endowment of a new church at Salt. He was one of the first 
peers to support Sir Robert Peel's plan for the extinction of the 
duties on foreign corn, and on December 12, 1844, through that min- 
ister's influence he was elected a Knight of the Garter. Talbot died 
at Ingestre Hall, Staffordshire, on January TO, 1849, and was buried 
in Ingestre church on January 20. He married on August 28, 1800, 
Frances Thomasine, eldest daughter of Charles Lambert of Beau 
Pare in Meath. By her he had ten sons and two daughters. He 
was succeeded as third Earl Talbot by his second son, Henry John 
Chetwynd, who, on August 10, 1856, succeeded his distant cousin, 
Bertram Arthur Talbot, as eighteenth Earl of Shrewsbury. A por- 
trait of the second Earl of Talbot, painted by John Bostock and en- 
graved by John Charles Bromley, was published by J. Shepherd at 
Newcastle in 1837. Nat. Bieg. Di<t. 



Il8 REIGN OF GEORGE III. 

anc ^ ^' s res '^ence there at the time of the publication here, 
have the effect of rendering him not punishable in any court 
in this country for such publication, this impunity must follow 
as a consequence from its being no crime in the defendant 
to publish a libel in Middlesex. Indeed, the argument rests 
wholly upon this position, that the defendant owed no obedi- 
ence to the laws of this part of the United Kingdom, so that 
he has not been guilty of any crime in breaking them. The 
learned Judge lays down for law that if he remains at Dublin, 
he may by means of a hired assassin commit a murder in Lon- 
don without being liable to punishment." 

The indictment being tried at bar, the libellous let- 
ters published in ' Cobbett's Political Register ' were 
proved to be in the handwriting of the defendant, with 
the Dublin post-mark upon them. They were ad- 
dressed to the editor of the ' Register' in Middlesex, 
and they contained a request that he would print and 
publish them. The defendant's counsel insisted that he 
was entitled to an acquittal on the ground that the evi- 
dence was defective. 

Lord Ellenborough. " There is no question of the fact of 
publication by Mr. Cobbett, in Middlesex, of that which is ad- 
mitted to be a libel ; and the only question is, whether the 
defendant was accessory to that publication ? If he were, the 
offence is established ; for one who procures another to pub- 
lish a libel, is no doubt guilty of the publication, in whatever 
county it is in fact published, in consequence of his procure- 
ment." 

The other Judges concurred, and the defendant 
was found GUILTY. 1 
English The Government of the United States of America 

under- 
writers not having in the year 1808 laid an embargo in American 

liable for . 

embargo ports on all American ships bound for Great Britain, 

put on by . 

theGov- the owners, who were insured in Lngland, gave notice 

ernment of . . . , 

the as- of abandonment to the underwriters, and claimed a 
total loss. Lord Ellenborough acquired great glory by 

I. 6 East 583; 7 East 65. 



LIFE OF LORD ELLENBOROUGH. 119 

boldly deciding that, under these circumstances, the CH AP. 
English underwriters were not liable. He proceeded 
on this maxim, that a party insured can never recover 
for a loss which he himself has occasioned, and he laid 
down that under every form of government each sub- 
ject or citizen must be considered as concurring in 
every act of the supreme power of the country in 
which he lives : 

" The foundation of the abandonment is an act of the 
American Government. Every American citizen is a party to 
that act ; it has virtually the consent and concurrence of all, 
and, amongst the rest, the consent and concurrence of the 
assured. The assured having prevented the vessels from sail- 
ing, can they make the detention of the vessels the foundation 
of an action ? " 

Where a marriage had been regularly celebrated by Validity of 
a priest in orders, in the face of the church, between a 
man of full age and a woman under age, who was ille- 
gitimate, with the consent of her mother, the father 
being dead, and they had lived together as man and 
wife for many years, Lord Ellenborough decided (I 
think erroneously, although he had the concurrence of 
two able Judges, Le Blanc and Bayley) that the mar- 
riage was void and their children were bastards, be- 
cause the Cotirt of Chancery had not appointed a 
guardian to the minor, to consent to the marriage. 
This most revolting decision might have been avoided 
by holding on the true principles for construing 
statutes, that although Lord Hardwicke's Act (26 
Geo. II. c. 33) says that all marriages not solemnized in 
the manner therein mentioned shall be void, this nulli- 
fication applies only to the marriages of persons in the 
contemplation of the legislature, and that the marriages 
of illegitimate minors could not have been in the con- 
templation of the legislature with respect to this con- 

I. 10 East 536. Comttay v. Gray. 



I2O REIGN OF GEORGE III. 



XLix' sent> as t ^ ie coition requiring the consent of parents 
or guardians could not be fulfilled so that this being 
casus omissus, the marriage in question was valid. But 
Lord Ellenborough's nature was somewhat stern, and 
he did not dislike a judgment that others would have 
found it painful to pronounce rather rejoicing in an 
opportunity of showing that he was not diverted by 
any weak sympathies from the upright discharge of his 
duty. 1 

Case of the However, he was always eager to extend the pro- 
TOTVENUS tection of British law to all who \vere supposed to be 
oppressed. Upon an affidavit that an African female, 
formed in a remarkable manner, was exhibited in Lon- 
don under the name of the HOTTENTOT VENUS, the 
deponents swearing that they believed she had been 
brought into this country and was detained here 
against her will, he granted a rule to show cause why a 
writ of habeas corpus should not issue to her keepers to 
produce her in court, and that in the mean time the 
Master of the Crown-office and persons to be ap- 
pointed by him should have free access to her : 

At Venus aetherios inter Dea Candida nimbos 
Dona ferens aderat. 2 

She appeared before the Master and his associates 
magnificently attired, offered them presents, and de- 
clared that she came to and remained in this country 
with her free will and consent. A report to this effect 
being made to the Court, Lord Ellenborough said, 
"We have done our dutv in seeing that no human 
being, of whatever complexion or shape, is restrained 

1. Priestly v. Hughes, n East I. Mr. Justice Grose dissented; 
the decision was condemned by Westminster Hall, and finally the 
law was rectified by the Legislature. 4 Geo. IV. c. 76; 6 and 7 Wm. 
IV. c. 85. 

2. " But Venus, the fair goddess, appeared between the celestial 
clouds, bearing gifts." 



LIFE OF LORD ELLENBOROUGH. 121 



of liberty within this realm. Let the rule be dis- 
charged." 1 

One of the most important questions which arose in ^J^^ 
the Court of King's Bench, while Lord Ellenborough ^' { P r of 

was Chief Justice, was, whether the captain of a man- damage 

done by her 

of-war be liable to an action for damage done by her in negligent 

c - . . manage- 

running down another vessel, without proof of any mem. 
personal misconduct or default ? An award had been 
made against him by a legal arbitrator, who set out 
the facts on the face of his award for the opinion of the 
Court. 

Lord Ellenborough. " Captain Mouncey is said to be 
liable for the damages awarded in this case, by considering 
him in the ordinary character of master of the ship by means 
of which the injury was done. But how was he master ? He 
had no power of appointing the officers or crew on board ; he 
had no power to appoint even himself to the station which he 
filled on board ; he was no volunteer in that particular station, 
by having entered originally into the naval service ; he had no 
choice whether he would serve or not with the other persons 
on board, but was obliged to take such as he found there and 
make the best of them. He was the King's servant stationed 
on board this ship to do his duty there, together with others 
stationed there by the same authority to do their several 
duties. How, then, can he be liable for their misfeasance any 
more than they for his ? " [Award set aside] * 

The only occasion when Lord Ellenborough wasLordEiien- 
ever seriously supposed to be swayed by his own inter- supposed to 
est, was in deciding whether sailors employed in the fluenced by 
lobster-fishery were privileged from being pressed into lobster* 
the Royal Navy. He had an extreme love of turbot, 5 * 
wit/i lobster-sauce, and although sailors employed in the 
deep-sea fishing, where turbots are found, were allowed 
to be privileged from impressment, the Admiralty had 
issued orders for impressing all sailors employed in 

1. Hottentot Venus's Case, 13 East 384. 

2. Nicholson v. Mouncey, 15 East 384. 



122 REIGN OF GEORGE III. 

CHAP, collecting lobsters on the rocks and bringing them to 
Billingsgate. Writs of habeas corpus having been 
granted for the purpose of discharging several who 
had been so impressed, the counsel for the Crown 
argued strenuously that upon the just construction of 
2 Geo. III. c. 15, and 50 Geo. III. c. 108, they were not 
entitled to any exemption, not being engaged irt the 
deep-sea fishing. 

Lord Ellcnborough." I think the policy of the legislature 
seems to have been directed to the better supplying the in- 
habitants of the metropolis and other parts of the kingdom 
with fish, and for that purpose to bring sound and well-flavored 
fish to our markets at a moderate price. It is contended, how- 
ever, that the protection extends only to those who are en- 
gaged in fishing in deep waters, and that lobsters are found in 
shallow waters. Stat. 50 Geo. III. c. 108, does in its preamble 
recite that ' various sorts of fish do in the winter retire into the 
deep water, and that for the supply of the metropolis a larger 
class of fishing-boats, which cannot be navigated without ad- 
ditional hands, must be employed ' ; but it enacts, ' that every 
person employed in the fisheries of these kingdoms shall be ex- 
empted from being impressed.' Then is not the lobster-fishery 
a fishery, and a most important fishery, of this kingdom, 
though carried on in shallow water ? The framers of the law 
well knew that the produce of the deep sea, without the prod- 
uce of the shallow water, would be of comparatively small 
value, and intended that the turbot, when placed upon our 
tables, should be flanked by good lobster-sauce. ' Fisheries of 
these kingdoms' are words of a large scope, embracing all 
those fisheries from which fish are supplied in a fresh and 
wholesome state to the markets of these kingdoms, and all 
who are engaged in such fisheries are within the equity of the 
Act. Let the rule be absolute." 1 

May the In Chamberlain v '. Williamson? the curious question 

executor of ^^ wne ther the personal representative of a young 
rlcuon lady who had died, being forsaken by her lover who 
of r p b romis h e had promised to marry her, could maintain an action 

of mar- 
riage? j. See Pavue anil Thortmghgoef t Case, I M. and S. 223. 

2. 2 M. and S. 409. 



LIFE OF LORD ELLENBOROUGH. 12$ 



against him for breach of the promise to marry. The 
plaintiff had recovered a verdict with large damages, 
but a motion was made in arrest of judgment. 

Lord Ellenborough. " The action is novel in its kind, and 
not one instance is cited or suggested in the argument of its 
having been maintained, nor have we been able to discover any 
by oar own researches and inquiries ; and yet frequent occa- 
sion must have occurred for bringing such an action. How- 
ever, that would not be a decisive ground of objection if, on 
reason and principle, it could strictly be maintained. The 
general rule of law is actio personalis moritur (um persond ; 
under which rule are included all actions for injuries merely 
personal. Executors and administrators are the representatives 
of the temporal property, that is, the goods and debts of the 
deceased, but not of their wrongs, except where those wrongs 
operate to the temporal injury of their personal estate. If this 
action be maintainable, then every action founded on an 
implied promise to a testator, where the damage subsists in the 
previous personal suffering of the testator, would also be 
maintainable by the executor or administrator. All actions 
affecting the life or health of the deceased ; all such as 
arise out of the unskilfulness of medical practitioners ; the 
imprisonment of the party brought on by the negligence of his 
attorney ; all these would be breaches of the implied promise 
by the persons employed to exhibit a proper portion of skill 
and attention. Although marriage may be considered as a 
temporal advantage to the party, as far as respects personal 
comfort, still it cannot be considered in this case as an in- 
crease of the individual transmissible personal estate, but 
would operate rather as an extinction of it. We are of 
opinion that this judgment must be arrested." 

An action being brought by the Earl of Essex against May^ 
the Honorable and Reverend Mr. Capel, which charged mmiued 
that the defendant had committed a trespass in break- hunting bo 

1 justified? 

ing and entering his grounds, called Cashiobury Park, 
and with horses and hounds destroying the grass and 
herbage, and breaking down his fences, the defendant 
justified, that the fox being a noxious animal and liable 
to do mischief, he, for the purpose of killing and de- 



124 REIGN OF GEORGE III. 

CHAP, stroying him, and as the most effectual means of doing 

XLiJM 

so, broke and entered the park with hounds and horses, 
and hunted the fox. Replication, that his object was 
not to destroy the fox but, the amusement and diver- 
sion afforded by the chase. After two witnesses had 
been examined, Lord Ellenborough interrupted the 
further progress of the cause : 

" This is a contending against all nature and conviction. 
Can it be supposed that these gentlemen hunted for the 
purpose of killing vermin, and not for their own diversion ? 
Can the jury be desired to say, upon their oaths, that the 
defendant was actuated by any other motive than a desire to 
enjoy the pleasures of the chase ? The defendant says that 
he has not committed the trespass for the sake of the diver- 
sion of the chase, but as the only effectual way of killing and 
destroying the fox. Now, can any man of common sense hesi- 
tate in saying that the principal motive was not the killing 
vermin, but the sport ? It is a sport the law of the land will 
not justify, without the consent of the owner of the land, and 
I cannot make a new law accommodated to the pleasures and 
amusements of these gentlemen. They may destroy such nox- 
ious animals as are injurious to the commonwealth, but the 
good of the public must be the governing motive." 

niegaiityof Nor was more countenance shown by the Chief Jus- 
ig. ' '" tice to a barbarous sport formerly in great favor with 
country squires, but which the increased refinement of 
modern manners has tended to discourage. He refused 
to try an action for money had and received fora wager 
on a cock-fight : 

"This must be considered a barbarous diversion, which 
ought not to be encouraged or sanctioned in a court of jus- 
tice. I believe that cruelty to these animals in throwing at 
them forms part of the dehortatory charge of judges to grand 
juries, and it makes little difference whether they are lacerated 
by sticks and stones, or by the bills and spurs of each other. 
There is likewise another principle on which I think an action 
on such wagers cannot be maintained. They tend to the deg- 
radation of courts of justice. It is impossible to be engnged 



LIFE OF LORD ELLENBOROUGH. 125 

in ludicrous inquiries of this sort consistently with that dignity CHAP, 
which it is essential to the public welfare that a court of 
justice should always preserve. I will not try the plaintiff's 
right to recover the four guineas, which might involve ques- 
tions on the weight of the cocks and the construction of their 
steel spurs." l 

It had long been a disputed question whether the^ t nsuls 
consul of a foreign Prince residing in this country, and privileged 

as public 

acknowledged as such by our Government, be privi- ministerSi 
leged from arrest for debt. A motion was at last made 
to discharge out of custody the consul of the Duke of 
Sleswick Holstein Oldenburg, who had been arrested for 
a debt contracted by him as a merchant in this country: 

Lord Ellenborough. " Every person who is conversant with 
the history of this country is not ignorant of the occasion 
which led to the passing of the statute 7 Anne, c. 12. An 
ambassador of the Czar Peter had been arrested, and had 
put in bail ; and this matter was taken up with considerable 
inflammation and anger by several of the European Courts, 
and particularly by that potentate. In order to soothe the 
feelings of these powers the act of parliament was passed, in 
which it was thought fit to declare the immunities and priv- 
ileges of ambassadors and public ministers from process, and 
it was enacted ' that in case any person should presume to 
sue forth or prosecute any such writ or process, such persons 
being thereof convicted, should be deemed violators of the 
law of nations and disturbers of the public repose, and should 
suffer such penalties and corporal punishment as the Lord 
Chancellor or the Chief Justice of the Queen's Bench or 
Common Pleas, or any two of them, should adjudge to be in- 
flicted.' Thus was conferred a great and extraordinary power, 
which I am glad to think belongs in no other instance to those 
functionaries. The act goes on to declare that ' all writs and 
processes that shall in future be sued forth, whereby the per- 
son of any ambassador or other public minister of any foreign 
Prince or State may be arrested or imprisoned, shall be deemed 
to be utterly null and void.' Here the question is, if this de- 
fendant be an ambassador or other public minister of a foreign 

I. Squires V. Whisken, 3 Camp. 140. 



126 REIGN OF GEORGE III. 

CHAP. Prince or State ? He certainly is a person invested with some 
authority by a foreign Prince; but is he a public minister ? 
There, is I believe, not a single writer on the law of nations, 
nor even of those who have written looser tracts on the same 
subject, who has pronounced that a consul is eo nomine a 
public minister." 

Having minutely examined the authorities, and 
pointed out that there was no usage to show that by 
the law of nations a consul is entitled to any exemption 
from being sued in courts of justice as anv ordinary 
person, a rule was pronounced lor continuing the 
defendant in custody. 1 

Privilege of Lord Ellenborough, in the great case of Bnrdett v. 
Commons Abbott? stoutly maintained the doctrine denied by the 
forTon- 80 " plaintiff, that the House of Commons has power to im- 
prison for a contempt. Having examined all the 
authorities cited, he observed, 

" Thus the matter stands on parliamentary precedent, upon 
the recognition by statute, upon the continued recognition of 
all the Judges, and particularly of Lord Holt, who was one of 
the greatest favorers of the liberties of the people, and as strict 
an advocate for the authority of the common law against the 
privileges of parliament as ever existed. I should have thought 
that this was a quantity of authority enough to have put this 
question to rest. Why should the House of Commons not 
possess this power ? What is there against it ? A priori, if 
there were no precedents upon the subject, no legislative recog- 
nition, no opinions of Judges in favor of it, it is essentially 
necessary to the House of Commons, and they must possess it ; 
indeed they would sink into utter insignificance and contempt 
without it. Could they stand high in the estimation and rev- 
erence of the people, if, whenever they were insulted, they were 
obliged to wait the comparatively slow proceedings of the ordi- 
nary Courts of law for their redress ? that the Speaker with 
his mace, should be under the necessity of going before a Grand 
Jury to prefer a bill of indictment for an insult offered to the 
House?" 

1. Viveash v. Becker, 3 M. and S. 284. 

2. 14 East :. 



LIFE OF LORD ELLENBOROUGH. 

He then repelled with indignation the quibbling ob- 
jections made to the form ot the warrant, and vindi- 
cated the right of the officers to break open the outer 
door ot the plaintiff's house lor the purpose of appre- 
hending him. 

But I think he did not lav down with sufficient d is- 

doctrine in 

crimination and accuracy the limits within which par- Rex v. 

Creevey. 

liamentary proceedings may be published without 
danger ot an indictment. Mr. Creevey, M.P. for Liver- 
pool, in a debate in the House of Commons respecting 
the collection of the public revenue, had made a speech 
in which he pointed out some alleged misconduct of an 
Inspector General ot Taxes. An inaccurate account of 
this speech having been published, he printed and cir- 
culated a full and correct one. For this he was in- 
dicted, on the ground that it reflected on the Receiver 
General, and therefore was a libel. His counsel con- 
tended that he was absolutely entitled to an acquittal 
on the admission made by the prosecution, that the 
supposed libel was a true report of a speech made in 
the House of Commons. This was very properly over- 
ruled by Le Blanc, J., the presiding Judge, on the 
authority of the conviction and punishment of the Earl 
of Abingdon, who, having quarrelled with his steward, 
made a scurrilous speech against him in the House of 
Lords, which he maliciously published with intent to 
defame him but the learned Judge erroneously (I 
think) told the Jury that " if there was anything in Mr. 
Creevey 's published speech which reflected on the 
prosecutor, the publication of it was a misdemeanor." 
I he defendant being found Guilty, a motion was made 
for a new trial on the ground of misdirection : 

Lord Elltnborough. " The only question is, whether the oc- 
casion of the publication rebuts the inference of malice arising 
from the matter of it ? We cannot scan what the defendant 
said within the walls of the House of Commons ; but has he a 



literary 
criticism 



128 REIGN OF GEORGE III. 

CHAP, right to reiterate these reflections to the public ? to address 
them as an oratio ad populum, in order to explain his conduct 
to his constituents ? The Jury have found that the publica- 
tion was libellous, and I can see no ground for drawing the 
subject again into discussion." 

The rule was refused, and the defendant was sen- 
tenced to pay a fine of ioo/. but if his object bond fide 
was to explain his conduct to his constituents, I think 
he was entitled to a new trial and to an acquittal. 
Freedomof Lord Ellenborough nobly maintained the freedom 
of literary criticism. Sir John Carr, 1 Knight, a silly 
author, brought an action against respectable booksell- 
ers for a burlesque upon certain foolish Travels which 
he had given to the world, relying upon a recent deci- 
sion of Lord Ellenborough in Tabbart v. Tipper. 

Lord Ellenborough. 11 In that case the defendant had 
falsely accused the plaintiff of publishing what he had never 
published. Here the supposed libel only attacks those works 
of which Sir John Carr is the avowed author ; and one writer, 
in exposing the absurdities and errors of another, may make 
use of ridicule, however poignant. Ridicule is often the fittest 
instrument which can be employed for such a purpose. If the 
reputation or pecuniary interests of the party ridiculed suffer, 
it is damnum absque iiijuria. Perhaps the plaintiff's Tour in 
Scotland is now unsalable ; but is he to be indemnified by 
receiving a compensation in damages from the person who may 
have opened the eyes of the public to the bad taste and inanity 
of his composition ? Who prized the works of Sir Robert Fil- 

i. Sir John Carr, a writer of travels, was born in Devonshire 1772, 
and practised as an attorney in the Middle Temple, London. He 
received the honor of knighthood from the Lord Lieutenant of Ireland 
about 1805, and died July 17, 1832. He published " Fury of Discord," 
a poem; "The Stranger in France," "Tour from Devonshire to 
Paris," " The Sea-side Hero," a drama ; "A Northern Summer, or 
Travels round the Baltic, through Denmark, Sweden, Russia, part of 
Poland, and Prussia." "The Stranger in Ireland," which gave rise 
to an excellent jeu d'efprit , entitled " My Pocket Book," by Edward 
Dubois ; "Caledonian Sketches," "Descriptive Travels in the 
Southern and Eastern Parts of Spain and the Balearic Isles," and 
a volume of poems. Cooper 's Biog. Diet. 



LIFE OF LORD ELLENBOROUGH. 

mer after he had been refuted by Mr. Locke, 1 but shall it be 
said that he might have maintained an action for defamation 

i. John Locke, born at Wrington, near Bristol, on August 29th, 
1632 ; died at Oates, in Essex, on October 28th, 1704. A name than 
which there is none higher in English philosophical literature ; the 
name of a Man surpassed by no one in that worth which constitutes, 
the dignity of an independent English gentleman. It is not our 
intention to offer in this place an analysis of the celebrated " Essay 
Concerning the Human Understanding"; suffice it to touch rapidly 
on those main points which constitute it a landmark on the circum- 
stances in which it arose, and the peculiarities that gave it historic 
significance. Falling, like Kant after him, on a period of one-sided- 
ness or dogmatism when statements accurate in the main had, 
through their imperfection as representatives of the whole truth,, 
been twisted into assertions of error Locke found the freedom of 
the Human Understanding attacked by the Cartesians with the 
weapon named by them " Innate Ideas." Inquiry he found fearless 
and rational stopped at both its termini : truths clearly within its 
reach were repudiated because in pretended conflict with so-called 
Innate Ideas ; and regions apparently beyond the sphere of our 
faculties were on the same authority sketched out and described 
with the pedantry of a mechanical Surveyor. To determine the 
length of our line was therefore Locke's first resolve ; nor can it be 
asserted that his preliminary war with Innate Ideas is in the sense 
in which he looked at the subject wholly unsuccessful. Rightly 
interpreted, his theory is this no authoritative belief can be found 
in the Mind which has not an origin in Experience ; and the most 
extensive or nearly universal Beliefs existing are shaped and 
colored by the varying experience of the men and nations entertain- 
ing them. The thesis, so stated, cannot be impugned ; neither the 
value of its assertion at the epoch of Locke : but our philosopher 
fails in establishing the proposition which he supposed to be his 
thesis, viz., that there are no Beliefs in the mind of man which, 
although suggested by, and in their forms dependent on, Experience, 
cannot yet be explained unless we attribute to the Thinking Faculty 
a proper and independent Modifying Force. Des Cartes himself did 
not think as Locke imagined he thought : and to that illustrious- 
Man the first three chapters of the Essay have therefore no true ref- 
erence. Following out his partial, because controversial, first view, 
Locke proceeds to unfold in what manner every recognized or defen- 
sible notion belonging to the Human Understanding may grow up in 
it. An imperfect first view, we have said for while looking at the 
error he misses the truth of the Cartesians : he never even proposed 
to establish by a preliminary and rigorous analysis what those 
characteristics of our various classes of Ideas are of which every just 
philosophy must give an account. Missing therefore, not unnatu- 
rally, some of their main characteristics, confounding necessity and 
infinity with the simple attributes of generality and immensity, 
he proceeds to deduce all the forms and results of the Understanding, 



I3O REIGX OF GEORGE III. 

CHAP, against that great philosopher, who was laboring to enlighten 
and to ameliorate mankind ? We really must not cramp 

from our pure Sensations, and the operation on these of what he 
terms Reflection. Closely scrutinized, Locke's Reflection amounts to 
nothing more than the exercise of Memory, Comparison, and the proc- 
esses known as Association. The exercise of the Mind as a volun- 
tary Agency indeed seems to remain ; but, as Leibnitz soon pointed 
out, and as subsequent History showed, the descent from this 
Scheme was easy towards the undisguised Sensationalism of Con- 
dillac and the French School of the close of last century. To charge 
John Locke as sound and practical a thinker as ever lived with the 
extravagances of these hypothetic schemes were the worst injustice ; 
nevertheless there is no precaution against the largest excesses of 
sensational philosophy in his mode of presenting the genesis of 
human thought; and it cannot be gainsayed that the "Essay" in 
several important directions has been the parent among ourselves 
of as much mischief as could well find place amidst the realities of 
the English mind. Utterly antagonistic to absolutism in thought or 
life, not less repellent of the doctrines of Sir Robert Filmer than of 
all theocratic dogmatism, this remarkable work seemed, however, to 
harmonize with our notions of rational liberty ; and it became the 
favorite text-book of our best men during the difficult periods when 
Locke wrote. Himself practically imbued with the sense of person- 
ality and independence in all things, our Philosopher stood by 
constitutional Liberty, suffered with it, and shared its triumphs. 
Menaced by the Court party as corrupt a court as the sun ever shone 
on then reigned in England he withdrew to Holland, and for a time 
found shelter. During this voluntary exile his name was erased 
from the roll of the Students of Christ Church, Oxford, in consequence 
of a Royal Mandate ; and the spirit of persecution went so far as to 
demand the rendition of our philosopher from the States General. 
Better times, however, were dawning on England. At the Revolu- 
tion in 1688 Locke returned in the fleet that brought home our future 
queen, the Princess of Orange ; and henceforward his career was 
prosperous. His residence in Holland, however, was not without 
avail to him. Associating chiefly with dissentient Protestants, he 
acquired a truer notion of that cardinal principle on the strength of 
which alone Protestantism can live ; and he showed this in his Let- 
ters on Toleration, as well as in the just freedom of his Exegesis. 
It is seldom that a personal History so much delights one as that of 
John Locke. Not only can no one discern a stain on the nature and 
career of the great Englishman, but his practical career is every- 
where in strictest accordance with the principles he labored to 
establish. Firmly attached to the cause of Toleration, civil or relig- 
ious, he scrupled not to suffer for either ; nor did his opposition to 
any faction ever drive him from moderation and justice, disincline 
him to appreciate his opponents aright or to conceal the excesses of 
the party whose fortunes he mainly espoused. He accepted Human 
Liberty as a basis of his philosophy, and practically stood by that. 



LIFE OF LORD ELLENBOROUGII. 13! 

observations upon authors and their works. Every man who CHAP. 

jUrfAA* 

publishes a book commits himself to the judgment of the pub- 
lic, and any one may comment upon his performance. He 
may not only be refuted, but turned into ridicule if his blun- 
ders are ridiculous. Reflection on personal character is another 
thing. Show me any attack on the plaintiff's character uncon- 
nected with his authorship, and I shall be as ready to protect 
him ; but I cannot hear of malice from merely laughing at his 
works. The works may be very valuable for anything I know to 
the contrary, but others have a right to pass judgment upon 
them. The critic does a great service to society who exposes 
vapid as well as mischievous publications. He checks the dis- 
semination of bad taste, and saves his fellow subjects from 
wasting their time and their money upon trash. If a loss arises 
to the author, it is a loss without injury ; it is a loss which the 
party ought to sustain ; it is the loss of fame and profit to 
which he never was entitled. Nothing can be conceived more 
threatening to the liberty of the press than the species of action 
before the Court. We ought to resist an attempt against fair and 
free criticism at the threshold." 1 [ Verdict for the Defendants] 

A gfood specimen of Lord Ellenborousrh's nisi prius Trespass 

by balloons 

manner in his opinion upon the question, whether a considered. 
man by nailing to his own wall a board which over- 
hangs his neighbor's field is liable to an action of tres- 
pass : 

" I do not think it is a trespass to interfere with the column 
of air superincumbent on the close of another. I once had 
occasion to rule on the circuit that a man who from the outside 
of a field discharged a gun into it, so that the shot must 
have struck the soil, was guilty of breaking and entering it. A 
very learned Judge who went the circuit with me, having at 
first doubted the decision, afterwards approved of it, and I be- 
lieve that it met with the general concurrence of those to 
whom it was mentioned. But I am by no means prepared to 
say that firing across a field in racuo, no part of the contents 

Few writers, before or since, in England have had a finer sense of the 
respect owing to the determinations of the personal Conscience. 
The student is specially recommended to the admirable life of John 
Locke by Lord King. Diet, of Uiv. Bifg. 
I. Carr v. Hood and another, I Campb. 355. 



132 REIGN OF GEORGE III. 

CHAP, touching it, amounts to a clausum fregit. Nay, if this board 
commits a trespass by overhanging the plaintiff's field, the con- 
sequence is that an aeronaut is liable to an action of trespass 
at the suit of the occupier of every house and inch of ground 
over which his balloon passes in the course of his voyage. 
Whether the action lies or not, cannot depend upon the length 
of time for which the superincumbent air is invaded. If any 
damage arises from the overhanging substance, the remedy is 
by an action on the case." ' 

Pnviiegeof Peter Hodgson, an attorney, having: sued Mr. Scar- 

counsel to 

criminate lett, the celebrated counsel (afterwards Lord Abinsrer 

an attorney 

and Chief Baron of the Exchequer), for speaking these 
words, " Mr. Hodgson is a fraudulent and wicked attor- 
ney," it appears that the words were spoken in an ad- 
dress to the jury in a trial involving the good faith of 
a transaction which Mr. Hodgson had conducted: 

Lord Ellenborough, "The law privileges many communi- 
cations which otherwise might be considered calumnious, and 
become the subject of an action. In the case of master and 
servant the convenience of mankind requires that what is said 
in fair communication between man and man, upon the sub- 
ject of character, should be privileged if made bond fide and 
without malice. So a counsel intrusted with the interests of 
others, and speaking from their information, for the sake of 
public convenience, is privileged in commenting fairly on the 
circumstances of the case, and in making observations on the 
parties concerned and their agents in bringing the cause into 
court. Now the plaintiff in this case was not only the attorney, 
but was mixed up in the concoction of the antecedent facts, 
out of which the original cause arose. It was in commenting 
on this conduct that the words were used by the defendant. 
Perhaps they were too strong, but the counsel might bond fide 
think them justifiable and appropriate. They were relevant 
and pertinent to the original cause in which they were spoken, 
and consequently this action is not maintainable."" 

Richard Thornton having been tried at Warwick 

1. Pickering v. Kui/ii, 4 Campb. 220. 

2. Hodgson v. Scarlett, I Barn, and Aid. 232. 



LIFE OF LORD ELLENBOROUGH. 133 

upon an indictment, in the King's name, for the murder ?.V.f\' 
of Mary Ashford, and found Not Guilty by the jury, A ^rdof 
William Ashford, her brother and heir at-law, sued out tattle on an 

appeal of 

an appeal of murder against him. The appellee being murder, 
brought by writ of habeas corpus into the Court of 
King's Bench to plead, he pleaded vivd voce as follows : 
" Not Guilty, and I am ready to defend the same by 
my body," and thereupon taking off a gauntlet which 
he wore from his right hand, he threw it on the floor 
of the court. The appellor having obtained time for 
that purpose, with a view to deprive the appellee of the 
privilege of trial by battle, put in a counter-plea, setting 
forth evidence of circumstances tending strongly to 
prove his guilt. To this the appellee put in a replica- 
tion, setting forth facts in his favor, and his former 
acquittal. The appellor demurred. The question was 
then very learnedly argued, whether upon this record 
the appellee was entitled to insist upon trial by battle ? 

Lord Ellenborough. " The cases which have been cited in 
this argument, and the others to which we ourselves have re- 
ferred, show very distinctly that the general mode of trial by 
law in a case of appeal is by battle, at the election of the ap- 
pellee, unless the case be brought within certain exceptions 
as for instance, where the appellee is an infant, or a woman, or 
above sixty years of age or where the appellee is taken with 
the manor, or has broken prison. In addition to all these, 
where, from evidence which may be adduced, there is a violent 
presumption of guilt against the appellee, which cannot be re- 
butted. Without going at length into the discussion of the 
circumstances disclosed by the counter-plea and replication, it 
is quite sufficient to say that this case is not like those in 
Bracton, 1 it is not one with conclusive evidence of guilt. Con- 

I. Henry de Bracton, an English lawyer, was a native of Devon- 
shire, and bred at Oxford, where he was created doctor of civil law. 
Applying himself afterwards to the study of the laws of England, he 
rose to great eminence at the bar, and in 1244 was by King Henry 
III. made one of the judges itinerant. At present he is chiefly 
known by his learned work "De legibus et consuetudinibus Angliae," 
first printed 1569, and reprinted 1640. It is a finished and systematic 



134 REIGN OF GEORGE III. 



trary evidence must be admitted if there were a trial by jury. 
The consequence is, that trial by battle having been duly de- 
manded, this is the legal and constitutional mode of trial, and 
it must be awarded. The law of the land is in favor of the trial 
by battle, and it is our duty to pronounce the law as it is, and 
not as we may wish it to be. Whatever prejudices therefore 
may justly exist against this mode of trial, still as it is the law 
of the land the Court must pronounce judgment for it." 

The public now expected to see the lists prepared 
in Tothill Fields, and the battle fought out before the 
Judges, for whom a special tribunal was to have been 
erected ; but the appellor, who was much inferior in 
strength to the appellee, cried craven, and declining 
to proceed, the appellee was discharged. 1 

LordEiien- Bidding adieu to pure law, which I am afraid may 
the House be thought by many " rough and crabbed," I must now 
present Lord Ellenborough to my readers as a Peer of 
Parliament, and give some account of trials before him 
of a political and historical aspect. Some expected 
that he would have great success in the Upper House, 
and, as often as he spoke there, he made a consider- 
able sensation by his loud tones and strong expressions ; 
but he was not listened to with much favor, for their 
lordships thought that he was not sufficiently refined and 
polished for their delicate ears, and they complained 
that he betrayed a most unjudicial violence. 

ma iden speech, which gave an alarming earnest 



May 13, of these faults, was in the debate on the definitive treaty 

1802 

of peace with France. Having apologized to another 

performance, giving a complete view of the law as it stood at the 
time the work was composed. Bracton was deservedly looked up to 
as the first source of legal knowledge, even as late as the days of 
Sir Edward Coke, who took this author as his guide in all his in- 
quiries into the foundation of our law. Cooper's Biog. Diet. 

1. Ashfordv. Thornton, i Barn, and Aid. 405. In consequence of 
the scandal occasioned by this case, stat. 59 Geo. III. c. 46 was 
passed, abolishing criminal appeals, and trial by battle in writs of 
right which till then might have been demanded. 



LIKE OF LORD ELLENBOROUGH. 

Peer, who had risen and begun to speak at the same CHAP. 

AJMtfuf 

time with him, and expressed his extreme reluctance to 
obtrude himself upon their Lordships so very soon 
after taking his seat among them, he addressed him- 
self to Lord Grenville's objection, that, contrary to 
usage, and sound diplomacy, this treaty did not renew 
or recognize former treaties : 

" With regard to the noble Lord's argument, that by the 
omission the public law of Europe has become a dead letter, I 
am astonished to observe a man of talents fall into such a mis- 
take. To what use would the revival of all the solemn non- 
sense and important absurdity contained in those treaties have 
contributed ? Are they not replete with articles totally inap- 
plicable to the present situation of Europe, and are they not 
for this reason become unintelligible trash and absolute waste 
paper ? With respect to the Cape of Good Hope, the cession 
of which is so much deplored, I say, my Lords, that we are well 
rid of it. There is no advantage in that post, and the expense 
of it would have been so great that the country would soon 
have complained of its retention." 

So he went over all the articles of the treaty, and 
concluded with expressing his warm thanks to the min- 
isters 

" who had taken the helm of State when others had abandoned 
it, and who had restored the blessings of peace to their ex- 
hausted country." ' 

This bullying style of oratory was not favorably re- 
ceived, but, luckily for the orator, on this occasion he 
could do no harm, Whigs as well as Ministerialists be- 
ing determined to vote for the treaty, and the minor- 
ity of violent anti-Gallicans who censured it amounted 
only to sixteen. 2 

Lord Ellenborough was quite insensible of the im- 
pression made by his violence, and soon after, there 
being an attack on ministers, he began his defence of 

1. 36 Parl. Hist. 718. 

2. IHJ. , 738. 



136 REIGN OF GEORGE III. 

CHAP, them by saying that " he could not sit silent when he 
heard the capacity of able men arraigned by those who 
were themselves most incapable, and when he saw 
ignorance itself pretending to decide on exuberant 
knowledge possessed and displayed by others." ' The 
Chief Justice of England being a peer may, with 
propriety and effect, take part in the debates of the 
House of Lords on important questions of statesman- 
ship, such as the causes of war and the conditions of 
peace, but he should comport himself rather as a judge 
calmly summing up evidence and balancing argu- 
ments, than as the retained advocate of the Govern- 
ment or of the Opposition. 
His ex- Lord Ellenborough, till he himself became a cabinet 

posure of . 

theAthoi minister, did not again break out with violence, save in 
opposing a job so gross that he was rather applauded 
for boldly pronouncing its true character. The Athol 
family, for certain rights in the Isle of Man, of which 
they were deprived, had been superabundantly com- 
pensated ; but many years after the bargain into which 
they had voluntarily and gratefully entered, they made 
a claim for further compensation, which the Govern- 
ment, at a time when prodigality of expenditure ranked 
among ministerial virtues, was disposed to grant. A 
bill was introduced into parliament for the purpose, 
and this bill, without Lord Ellenborough's determined 
opposition to it, would have been quietly smuggled 
through. He began by moving that certain additional 
papers upon the subject should be printed, and that 
the second reading of the bill should be postponed till 
there might be an opportunity of perusing and consid- 
ering them. This was resisted by the Earl of West- 
moreland : 

Lord Ellenborough, " My Lords, when I look at the papers 
just now printed, and still reeking from the press, so that I can- 
I. 36 Parl. Hist. 1572. 



LIFE OF LORD ELLENBOROUGH. 137 

not open them without endangering my health when I look CHAP, 
at a folio volume of 140 uncut pages, presented this day by 
the noble Earl, I cannot but enter my solemn protest against 
pretending to debate the merits of this bill under such circum- 
stances against a proceeding which could only be sanctioned 
by parliament in the worst and most corrupt times. I do not 
ask for a long delay, but I hope that noble Lords will consult 
their own dignity, and show some deference to public opinion, 
by granting a short time for gaining necessary information, 
that we may see whether we are not robbing the Exchequer to 
put the plunder into the pocket of an accomplice. I pause 
for a reply. [Having sat down for a few moments he thus re- 
sumed.] Then I am to understand, my Lords, that it is your 
intention to proceed with this bill to-night. With the imper- 
fect lights 1 have, I shall try and expose to you some of the 
deformities of the bill. In the first three lines of the pream- 
ble, it tells three lies. The Isle of Man was never granted in 
sovereignty by the King of England, but to be held in petty 
sergeanty by the presentation of two falcons to the King at his 
coronation. This must have been known to the author of the 
bill yet ' like a tall bully ' I will not finish the line. When 
the noble Earl talks of acts of parliament not binding the Isle 
of Man, I am astonished at the puerility of the argument ; if 
Acts of Parliament cannot bind the Isle of Man, the Act 
passed in 1765 for the purchase of the Isle is a nullity. Then 
we have the assertion that the compensation given to the late 
Duke of Athol was inadequate. The late Duke named his 
own sum, 1 and in the course of forty years his family have re- 

i. John Murray, third Duke of Athol (1729-1774), eldest son of 
Lord George Murray, by his wife Amelia only surviving child and 
heiress of James Murray of Glencarse and Strovvan, was born May 
6, 1729. For some time he was captain in a company of Lord Lou- 
doun's regiment of foot, afterwards the 54th. At the general elec- 
tion in 1761 he was chosen member of parliament for Perth. On the 
death of his uncle James, second Duke of Athol, Jan. 8, 1764, Mur- 
ray, who besides being nearest male heir, had married Lady Char- 
lotte Murray, the Duke's only surviving child, laid claim to the 
dukedom of Athol. As, however, his father. Lord George Murray, 
had been forfeited, he deemed it advisable to petition the King that 
his claim to the dukedom might be allowed. The petition was re- 
ferred by the King to the House of Lords, who on Feb. 7, 1764, re- 
solved that he had a right to the title. His wife, on the death of her 
father, the second duke, succeeded to the sovereignty of the Isle of 



138 REIGN OF GEORGE III. 

CHAP, ceived lyy.ooo/. more than they were entitled to. You pro- 
pose to open on its hinges a door to fraud, which, like a door 
described in ' Paradise Lost,' if once opened will never be shut 
again. Never did I witness a gross job present itself in par- 
liament in such a bodily form as this. In a few days parlia- 
ment will be dispersed, and let us not return to our respective 
homes with the stigma of having passed such a bill. Let us 
not at a moment like this, when all classes are ground down 
with taxes, add to their burdens by voting a boon to mendi- 
cant importunity. If indeed our supplies were unlimited, if 
we could draw upon them without any fear of exhaustion, if 
the resources of the stage grew like the fabled Promethean 
liver under the beaks and talons of the vultures by whom they 
are lacerated and devoured, then indeed we might yield to this 
demand. The times are critical ; our dangers are great the 
state of our finances is hopeless ; let us not, my Lords, imitate 
the conduct of reckless sailors in a storm, who, when they see 
the vessel driving on the rocks, instead of trying to save her, 
throw up the helm, abandon the sails, and fall to breaking 
open the lockers. If we would avoid the thunderbolts of 
divine vengeance which seem ready to burst upon us, let us 
rather deck ourselves in the robes of virtue, and with the love 
of God let us try to recover the love of the people, of whom 

Man, and to the ancient English barony of Strange, of Knockyn, 
Wotton, Mohun, Burnel, Basset, and Lacy. For some time nego. 
tiations had been in progress with the English government for the 
union of the sovereignty to the English crown ; and in 1765 an act 
of parliament was passed to give effect to a contract between the 
lords of the treasury and the Duke and Duchess of Athol for the 
purchase of the sovereignty of Man and its dependencies for 
7o,ooo/., the Duke and Duchess retaining their manorial rights, the 
patronage of the bishopric and other ecclesiastical benefices, the 
fisheries, minerals, etc. The arrangement rendered them very un- 
popular in Man, and the 42d, or Black Watch under Lord John 
Murray, had to be stationed in the island to maintain order. The 
money received by the Duke and Duchess was directed to be laid 
out and invested in the purchase of lands of inheritance in Scotland, 
to be inalienably entailed on a certain series of heirs. The Duke 
and Duchess had also a grant of an annuity of aooo/. for their lives. 
Athol was chosen a representative peer in succession to the Earl of 
Sutherland, who died Aug. 21, 1764, and he was rechosen in 1768. 
In 1767 he was invested with the Order of the Thistle. Ke died at 
Dunkeld on Nov. 5, 1774, and was succeeded by his son John, fourth 
Duke of Athol. Nat. Biog. Diet. 



LIFE OF LORD ELLENBOROUGH. 139 



we ought to be the protectors, not the spoliators. Be the 
event what it may, liberavi animam meant.' '* 

Several "silken barons" having complained of this 
language as too strong and unparliamentary, Lord 
Ellenborough said, " The attack made upon me would 
have been just had I said anything wantonly to give 
pain to any noble Lord ; but my observations were ap- 
plied to the measure, not to any individual whatever; 
and by no milder words than those I used could the 
measure be truly characterized." 2 

When the war was renewed after the truce follow- 

the Crown 

ing the supposed treaty of peace signed at Amiens, 3 to .'. he 

1. " I have freed my mind." services of 

2. 5 Parl. Deb. 773-792. After all, to the great discredit of Mr. 
Pitt's second administration, the bill passed. 

3. Treaty of Amiens (March 25, 1802), between England and 
France, put an end for the time to the great war which had lasted since 
1793. The mutual losses during the preceding years, the complete 
supremacy of the English fleet, and the blow given to the northern 
alliance by the battle of Copenhagen, and, on the other hand, the de- 
feats inflicted on England's Continental ally, Austria, in 1800, and the 
Treaty of Luneville, which she concluded with France, Feb. 9, 1801, 
led both governments to desire a cessation of hostilities. The treaty 
was the work of the Addington ministry. In the previous October 
the preliminaries had been agreed to and signed, but some trouble- 
some negotiations had to be gone through, before it was finally rati- 
fied at Amiens, by Lord Cornwallis on the part of England, and by 
Joseph Bonaparte, assisted by Talleyrand, for France. According 

to it, England gave up all its conquests but Trinidad and Ceylon. 
The Cape of Good Hope was restored to the Dutch, but was 
to ba^ free port. Malta was to go back to the Knights of St. 
John, under the guarantee of one of the great powers. " Cet 
article est le plus important de tout le traite, mais aucune des 
conditions qu'il renferme n'a etc executee; et il est devenu le 
pretexte d'une guerre qui s'est renouvelee en 1803, et a dure sans 
interruption jusqu'en 1814." (Histoire des Traith, vi. 149). Porto 
Ferrajo was to be evacuated. On the other hand, the Republic 
of the Ionian Islands was acknowledged: the French were to with- 
draw from Naples and the Roman States ; the integrity of Portugal 
was to be guaranteed; Egypt was to be restored to the Porte; and, 
finally, the Newfoundland fisheries were to be placed on the same 
footing as they held before the war began. These terms, as noticed 
above, were not considered sufficiently satisfactory by the English; 
consequently the peace was of very short duration, war being 
declared against Bonaparte in 1803. Diet, of Eng. Hist. 



140 REIGN OF GEORGE III. 

CHAP. Lord Ellenborough, in supporting the Volunteer Con- 
solidation Bill, very stoutly defended the prerogative 
of the Crown to call out the whole population for the 
defence of the realm : 

" In an age of adventurous propositions," said he, " I did 
not expect that any noble Lord would have ventured to ques- 
tion this radical, essential, unquestionable, and hitherto-never- 
questioned prerogative. My Lords, from the earliest period of 
our history we have been a military people ; and this right, 
inherent in the Crown from the Norman Conquest, cannot be 
abandoned without an act of political suicide. I hold in my 
hand a copy of the Commission of array passed in the fifth year 
of Henry IV., referred to by Lord Coke in his Fourth Insti- 
tute, written in the reign of James I., acknowledged by him to 
be law, and never since repealed or modified. Here, my 
Lords, we have a solemn recognition of the power of the 
Sovereign to require in case of insurrection, or the appre- 
hension of invasion, the services of all his subjects capable 
of bearing arms in the words of the Commission, potentes ft 
habiles in corpore. This power, my Lords, is inherent in the 
supreme executive government in every state. Vattel 1 and 
the other writers on the Law of Nations are unanimous in 
saying that the power exists in all countries, royal or repub- 
lican, which have anything like civilized rule. As to the noble 
Lord's supposition that this prerogative enables the King to 
throw all classes indiscriminately into the ranks, I say such an 
abuse of it is not necessary, and would not be tolerated ; men 
upon the contemplated emergency are to be employed accord- 

i. Emrich von Vattel, acelebrated Swiss jurist and writer, born in 
the principality of Neufchatel in 1817. He studied at the Universi- 
ties of Bale and Geneva, and in 1741 visited Berlin, where he 
published his "Defence of the System of Leibnitz," (in French, 
1742', dedicated to Frederick the Great. In 1746 he was sent as 
Polish minister to Berne by Augustus, Elector of Saxony and King 
of Poland. He published in 1758 his principal work, entitled "The 
Right of Nations, or the Principles of Natural Law applied to the 
Conduct and Affairs of Nations and Sovereigns," which has passed 
through numerous editions and been translated into the principal 
European languages. He was the author of other works on various 
subjects, the most important of which is entitied " Questions of 
Natural Law, and Observations on Wolff's Treatise on the Law of 
Nature" (1762). Died in 1767. Thomas' Biog. Diet. 



LIFE OF LORD EI.LENBOROUGH. 

ing to their habits of life, and to the modes in which they 
would be most useful. But I trust that in case of extreme 
necessity no individual who bears the semblance of a man, 
who values his country and his domestic ties, and who knows 
his duty to fight body to body, pro arts et facts, 1 will stickle 
about the mode in which his energies can be most advan- 
tageously brought into action. My Lords, unfitted even as I 
am by education and habit for a campaign, yet in such a case 
of extreme necessity I should not think I did my duty to my 
country or to my children, if I did not cast this gown from my 
back, and employ every faculty of my mind and of my body to 
grapple with the enemy." 

His martial ardor was much applauded, and appeared 
the more wonderful from his speaking on this and all 
other occasions in the House of Lords attired in his 
black silk robes and with a judicial wig. 2 His hearers 
likewise recollected the well-known fact that when 
Attorney-General he had enlisted in a volunteer corps, 
and had never been promoted to the ranks out of the 
awkward squad, the drill-serjeant having in vain tried 
by chalk and other appliances to make him understand 
the difference between his right foot and his left, or 
with which of them he was to step forward on hearing 
the word " MARCH ! " 

The only other considerable speech which he made His hos- 
before Mr. Pitt's death was against Lord Grenville's Roman the 
motion for a committee on the Catholic Petition, when Catholics - 
he so violently opposed any further concession to the 
Roman Catholics, that the public were much surprised 
to find him sitting, soon after, in the same Cabinet with 
Lord Grenville and Charles Fox. We cannot be sur- 
prised that this Cabinet was so short-lived, although it 
contained "all the talents" of the country. Lord 
Ellenborough very sensibly and forcibly pointed out on 

1. " For altars and homes," '. e., for God and his country. 

2. Lord Denman was the first Chief Justice who appeared in the 
House of Lord en bot4rgeois. 



142 REIGN OF GEORGE III. 



XLLX' *^' S occas ' on the inconvenience arising from giving 
power to religionists owning the supremacy of a foreign 
pontiff ; but he caused a smile when, in describing the 
danger of the Pope again subjecting Great Britian to 
his sway, he quoted the lines 

" Jam tenet Italian), tamen ultra pergere tendit 
Actum inquit nihil est, nisi Poeno milite poyas 
Frangimus et media vexillum pono suburra." ' 

Trial of Although Lord Ellenborough's success as a debater 

Despardfor'n the House of Lords was doubtful, he was securing 

treason. to n i mse if a g rea t reputation as a Criminal Judge. He 

presided with applause at the trial of Colonel Despard 

for high treason in plotting the insane scheme to estab- 

lish a republic after massacring the King, the royal 

family, and the greatest number of the members 

of both Houses of Parliament. I was present at 

p_t_ _ 

1803. this trial, and well remember the Chief Justice's very 
dignified, impressive, and awe-inspiring deportment. 
He caused some dissatisfaction by thus abruptly and 
sarcastically snubbing the great Nelson, 2 who, when 

1. This appears much less absurd now, after Pio Nono's creation 
of the archbishopric of Westminster, and his partition of all England 
into Roman Catholic sees September, 1855. 

" Now he holds Italy, yet he aims to pursue his conquests fur- 
ther ; he says nothing has been accomplished, unless we break 
through the gates with the Phoenician soldiery, and place the stand- 
ard in the middle of the Subura." 

2. Horatio, Viscount Nelson, (b. 1758,0'. 1805) was the son of the 
Rector of Burnham Thorpe in Norfolk. He went to school first 
at Norwich, and afterwards at North Walsham. In 1771 he went to 
sea with his uncle in the Kaisonnatle, but soon returned, and was 
commissioned to the Triumph at Chatham. In 1773 his uncle's in- 
fluence obtained a place for him in an expedition to the Arctic Seas. 
The expedition was at one time in great danger, but eventually re- 
turned in safety. He was then ordered to the East Indies, where, 
after serving eighteen months, he was invalided home. In 1777 he 
received his commission as second lieutenant of the Lo-westoffe, or- 
dered to Jamaica. In the West Indies he soon became noticeable for 
his bravery and application, and in December, 1778, he was appointed 
to command the Badger, from which he was transferred in the fol- 
lowing June as post-captain to the Hinchinbrook. In the spring of 
1780 he was appointed to command an expedition against San Juan 




NELSON BRONTE. 



LIFE OF LORD ELLENBOROUGH. 143 

called to give the prisoner a character, was proceeding CHAP. 
to describe his gallant conduct in several actions: " I 

in the Isthmus of Panama. The expedition ended in failure, not 
through any fault of Nelson's, but on account of the deadly nature 
of the climate, against which only 380 out of 1800 men were proof. 
Nelson himself was so shattered by the exertions he had gone 
through that he had to go to England to recruit his health. In 1783 
he was appointed to the Boreas bound for the West Indies, where he 
found himself senior captain. In this position he became involved 
in some troublesome disputes, and finally in a lawsuit, owing to his 
determination to enforce the Navigation Act. On the breaking out 
of the French War in 1793 he was appointed to the Agamemnon, of 
sixty-four guns, to proceed to the Mediterranean. In 1.796 Sir John 
Jervis took the command in the Mediterranean, and Nelson became 
at the same time commodore. After various encounters with Span- 
ish and French ships, he joined the main fleet off Cape St. Vincent, 
where, on February 14, 1797, he took a conspicuous part in the great 
battle, and contributed much to the victory. Nelson was now ad- 
vanced to the rank of rear-admiral, and commanded the inner squad- 
ron at the blockade of Cadiz. In July he conducted a night attack 
on Santa Cruz, which failed through the darkness ; Nelson himself 
lost his right arm. Early in the following year he rejoined Lord St. 
Vincent in the 1'angnaiJ, and was immediately despatched in com- 
mand of a small squadron to watch the movements of the French 
fleet in the Mediterranean. On August I he came in sight of them 
anchored in Aboukir Bay, near Alexandria. He at once attacked 
with such fury and skill that, after the battle had raged all night, 
the whole French fleet, with the exception of four ships, was either 
taken or destroyed. The victory was hailed with delight in Eng- 
land, where honors were showered upon Nelson from all sides, and 
he was created Baron Nelson. There was work for him next to do 
at Naples in trying to strengthen that kingdom to resist France. At 
Naples Nelson's infatuation for Lady Hamilton led him to bolster 
up the decaying monarchy of the Bourbons, and to commit the only 
act of injustice recorded of him the execution of Caraccioli. In the 
spring of the year 1800 Nelson returned to England, and in the fol- 
lowing year he was sent as second in command under Sir Hyde 
Parker to the Baltic, and on April 2 bore the chief part in the bom- 
bardment of Copenhagen. Nelson was made a viscount, and on the 
recall of Sir Hyde Parker was left in sole command. On his return 
to England he was at once appointed to a command extending from 
Orford Ness to Beachy Head. He organized an attack on the flotilla 
lying at Boulogne, but the expedition failed in its immediate object, 
though it had the effect of terrifying the French. On the war 
breaking out afresh in 1803 he was appointed to the command of the 
Mediterranean fleet, and took his station off Toulon. From May, 
1803, to August, 1805, Nelson left his ship only three times, so con- 
stant was his watch for an opportunity of engaging the enemy. But 
when the alliance of Spain and France was concluded. Napoleon de- 



144 REIGN OF GEORGE III. 

CHAP. am sorry to be obliged to interrupt your Lordship, but 
we cannot hear what I dare say your Lordship would 
give with great effect, the history of this gentleman's 
military life." 

At two in the morning I saw the Chief Justice put 
on the black cap to pronounce the awful sentence of 
the law on Colonel Despard 1 and his associates, and I 
heard him utter these thrilling sentences : 

" After a long and I trust a patient and impartial trial, you 
have been severally convicted of the high treasons charged 

termined to carry out his long-intended invasion of England. The 
combined fleets put out of port. Nelson went in search of them. 
From January to April, 1805, he beat about the Mediterranean ; then 
pursued them to the West Indies. Here they were in advance of 
him, and he was baffled by conflicting accounts of their movements. 
At length he followed them northwards, and on July 19 anchored off 
Gibraltar, but could hear no tidings of them. Unrelentingly he re- 
sumed his search round the Bay of Biscay and the coast of Ireland, 
and returning, joined Admiral Cornwallis off Ushant on August 15, 
where he received orders to proceed to Portsmouth. There he learnt 
that Admiral Calder had fallen in with them off Cape Finisterre on 
July 22, and that they had put into Vigo to refit. He again offered 
his services, which were eagerly accepted, and on September 29 he 
was off Cadiz. Villeneuve hesitated to obey peremptory orders to 
put to sea, but at length he ventured out, and on October 21 gave 
Nelson his long-wished-for opportunity. The fleets met off Trafalgar, 
and in the battle which ensued the French and Spanish fleets were 
utterly destroyed. The victory was, however, only obtained at the 
cost of Nelson's life. He died at the early age of forty-seven. 
" Yet," as Southey says, " he cannot be said to have fallen prema- 
turely, whose work was done." Diet, of Eng. Hist. 

I. Edward Marcus Despard, an Irishman, who early entered upon 
a military life, and became an able engineer. At the close of the 
American war he served in the West Indies, where he distinguished 
himself by an expedition on the Spanish main, in which he had for 
a coadjutor Captain, afterwards Lord, Nelson. For his services 
there he was made lieutenant colonel. In 1784 he was appointed 
English superintendent at Honduras ; but his conduct causing him 
to be suspended, he demanded an investigation. This, however, 
was refused him, when he became violent against the government 
and was sent to Coldbath Fields prison, whence he was removed to 
the House of Industry at Shrewsbury, and next to Tothill Fields, 
Bridewell. On his liberation he attempted to seduce the soldiery, 
and having collected some followers, held meetings at alehouses, to 
which no persons were admitted without taking a treasonable oath. 
At these assemblies it is said that various plans were devised for 



LIFE OF LORD ELLENBOROUGH. 145 

upon you by the indictment. In the course of the evidence 
which has been hiid before the Court, a treasonable conspiracy 
has been disclosed of enormous extent and most alarming mag- 
nitude. The object of that conspiracy, in which you have 
borne your several very active and criminal parts, has been to 
overthrow and demolish the fundamental laws and established 
government of your country ; to seize upon and destroy the 
sacred person of our revered and justly-beloved Sovereign ; 
to murder the various members of his royal house ; to extin- 
guish the other branches of the legislature of this realm, and, 
instead of the ancient limited monarchy, its free and wholesome 
laws, its approved usages, its useful gradations of rank, its 
natural and inevitable as well as desirable inequalities of prop- 
erty, to substitute a wild scheme of impracticable equality, 
holding out, for the purpose of carrying this scheme into effect, 
a vain and delusive promise of provision for the families of 
the heroes (falsely so called) who should fall in the contest a 
scheme equally destructive of the interests and happiness of 
those who should mischievously struggle for its adoption as of 
those who should be the victims of its intended execution. 
This plan has been sought to be carried into effect in the first 
place by the detestable seduction of unwary soldiers from their 
sworn duty and allegiance to his Majesty and by the wicked 
ensnaring of their consciences by the supposed obligation of 
an impious and unauthorized oath, and next by the industrious 
association to this purpose of the most needy or the most un- 
principled persons in the lowest ranks of society. It is, how- 
ever, wisely ordained by Divine Providence, for the security 
and happiness of mankind, that the rashness of such counsels 
does for the most part counteract and defeat the effects of 
their malignity, and that the wickedness of the contrivers falls 
ultimately upon their own heads, affording at the same time 
the means of escape and security to the intended victims of 
their abominable contrivances. The leagues of such associates 
are at all times false and hollow. They begin in treachery to 
their king and country, and they end in schemes of treachery 
towards each other. In the present instance your crimes have 

the murder of the King ; and, at last, it was determined to make the 
attack when his majesty went to the Parliament House. The plot 
being discovered, he and several other persons were arrested, and 
being found guilty, suffered on the scaffold in 1803. Beaton's Biog. 
Diet, 



146 REIGN OF GEORGE III. 

CHAP, been disclosed and frustrated through the operation of the 
same passions, motives, and instruments by which they were 
conceived, prepared, forwarded, and nearly matured for their 
ultimate and most destructive accomplishment. Upon the 
convicted contrivers and instruments of this dangerous but 
abortive treason it remains for me to perform the last painful 
part of my official duty. As to you, Colonel Edward Marcus 
Despard, born as you were to better hopes, intended and 
formed, as it should seem, by Providence for better ends ; ac- 
customed as you have hitherto been to better habits of life and 
manners, pursuing as you once did, together with the honor- 
able companions of your former life and services (who have 
appeared as witnesses to your character during that period), 
the virtuous objects of loyal and laudable ambition ; I will 
not at this moment point out to you how much all these con- 
siderations and the degraded and ignominious fellowship in 
which you now stand enhance the particular guilt of your 
crime, sharpening and embittering, as I know they must, in 
the same proportion the acuteness and pungency of your 
present sufferings. I entreat you, however, by the memory of 
what you once were, to excite and revive in your mind an 
ardent and unceasing endeavor and purpose during the short 
period of your remaining life to subdue that callous insensi- 
bility of heart of which, in an ill-fated hour, you have boasted, 
and to regain that salutary and more softened disposition of 
the heart and affections which I trust you once had, and which 
may enable you to work out that salvation which, from the 
infinite mercy of God, may even yet be attainable by effectual 
penitence and prevailing prayers. As to you, John Wood 
(naming eight others), the sad victims of his seduction and 
example, or of your own wicked, discontented, and disloyal 
purposes, you afford a melancholy but I hope an instructive 
example to all persons in the same class and condition with 
yourselves an example to deter them by the calamitous con- 
sequences which presently await your crimes from engaging in 
the same mischievous and destructive counsels and designs 
which have brought you to this untimely and ignominious end. 
May they learn properly to value the humble but secure bless- 
ings of an industrious and quiet life, and of an honest and 
loyal course of conduct all which blessings you have in an evil 
hour wilfully cast from you. The same recommendation which 



LIFE OF LORD ELLENBOROUGH. 147 

I have already offered to the leader in your crimes and the 
companion in your present sufferings as to the employment of 
the short remainder of your present existence I again repeat, 
and earnestly recommend to every one of you ; and may your 
sincere and deep penitence obtain for you all hereafter that 
mercy which a due and necessary regard to the interest and 
security of your fellow-creatures will not allow of your receiv- 
ing here. It only remains for me to pronounce the sentence 
of the law upon the crime of which you are convicted. That 
sentence is, and this Court doth adjudge that, &c. " 

Then came the dreadful enumeration of the barbar- 
ities which the law at that time adjudged to be inflicted 
on traitors now commuted for hanging and beheading. 1 

Colonel Despard and six of his associates actually 
were executed ; and, the revolting parts of the sen- 
tence being remitted, the public did not complain of 
undue severity. The temptation to engage in such 
conspiracies, which promise suddenly to elevate those 
who engage in them to power, wealth, and fame, can- 
not be counteracted by the dread, on failure, as a term 
of imprisonment, or even of transportation with the 
hope of a speedy recall. An attempt for selfish purposes 
to overturn the monarchy and to inundate the country 
with blood cannot be leniently treated as a mere " polit- 
ical offence." 

Lord Ellenborough was soon after placed in a most Trial of 
difficult situation on a trial for libel, the prosecutor be- f^beTo".^ 
ing no other than Napoleon Buonaparte. This autocrat Buona- n 
having extinguished liberty in France and conquered parte> 
the continent of Europe, was resolved to put down free 
discussion in England, asa preliminary to the extension 
of his empire over the British Isles. He was galled by 
the severe strictures on his conduct which appeared in 
the London journals, and he remonstrated upon the 
subject to our ministers, but received for answer that 

I. 28 St. Tr. 315-528. 



148 REIGN OF GEORGE III. 

CHAP, the law, which in England is supreme, gave them no 

XLIX* 

power to interfere. At last there came out in the 
AMBIGU, a periodical in the French language, published 
in London by M. Peltier, a French emigrant, a poem 
and other articles, which in one sense might be con- 
strued into an exhortation to assassinate the First 
Consul. A new representation was made by the 
French ambassador, and the Attorney-General was 
directed to file a criminal information against the Editor. 
The most objectionable passage contained the following 
allusion to the fabled death and apotheosis of Romulus: 

" II est proclamS Chef et Consul pour la vie 

Pour moi, loin qu'a son sort je porte quelque envie, 
Qu'il nomme, j'y consens, son digne successeur ; 
Sur le pavois porte qu'on 1'eglise EMPREUR ; 
Enfin, et Romulus nous rappelle la chose, 
Je fais vceu . . . des demain qu'il ait I'afotlie'ose." 

Feb. 21, At the trial before Lord Ellenborou-h and a special 

1803. 

jury, Mr. Perceval, 1 then Attorney General, soon after 

I. Spencer Perceval (/>. 1762, </. 1812), was the second son of John, 
Earl of Egmont, and was educated at Harrow and Trinity College, 
Cambridge. In 1786 he was called to the bar, and ten years later 
took silk. At the same time he entered parliament as M. P. for 
Northampton, and was soon noticed by Pitt as a promising member. 
In supporting the Treason and Sedition Bills he rendered good 
service to the government. Addington appointed Perceval his Solici- 
tor-General, and in 1802 Attorney-General, in which capacity he had 
to conduct the prosecution of Peltier for a libel on Bonaparte, and in 
spite of the briliant defence of Sir James Mackintosh, he secured a 
verdict of guilty. He held that office until Pitt's death in 1806. In 
March, 1807, he became Chancellor of the Exchequer, and on the 
death of the Duke of Portland in iSog he was named First Lord of 
the Treasury. At that time the war in the Peninsula was being car- 
ried on : Napoleon had as yet received no check on the Continent ; 
England was spending millions in encouraging the nations of Europe 
to offer an effectual resistance to him. Foreign politics were thus all 
engrossing, and scarcely any attention was paid to the reforms at 
home, which were so badly needed. For three years his ministry 
lasted, and then on May n. 1812, he was shot by one Kellingham, in 
the lobby of the House of Commons. Nothing could have happened 
so opportunely for Perceval's reputation as his murder, which raised 
him to the position of a martyr. From having been really a minister 
of moderate abilities, by his death he suddenly became, in public 
estimation a political genius, a first-rate financier, and a powerful 



LIFE OF LORD ELLENBOROUGH. 149 

prime minister, evidently ashamed of the task imposed CHAP. 

XLIX* 

upon him, tried to make out that the defendant really 
wished to instigate assassination ; and Mackintosh, 1 in 
one of the finest essays ever composed, argued that the 
publications complained of were mere pieces of jocu- 
larity, and that it was the duty of the jury to resist this 

orator. We can now look back more calmly and see in him a man 
of shrewd sense, imperturbable temper, narrow views, and restless 
ambition, which, to his credit, never led him astray from the path 
of integrity. Diet, of Eng. Hist. 

i. Sir James Mackintosh, a distinguished author and statesman, 
born at Aldowrie, near Inverness, Oct. 24, 1765. After having 
studied at Aberdeen and Edinburgh he graduated in medicine 1787, 
but subsequently chose the law as his profession. Previous to his 
call to the bar he visited the Continent, and on his return published 
his "Vindicix Gallicce," 1791, in defence of the French Revolution 
and its English admirers against the accusations of Mr. Burke. This 
work produced a great sensation, and had the effect of materially 
checking the tide of popular opinion, which then ran in favor of Mr. 
Burke's sentiments. In 1799 Mackintosh delivered, in the hall of 
Lincoln's Inn, a course of lectures on the Law of Nature and Nations, 
in allusion to which Pitt said that " he had never met with anything 
so able or so elegant on the subject in any language." In 1803 Mack- 
intosh appeared as advocate on behalf of M. Peltier, who had been 
indicted for a libel on the First Consul of France, and defended his 
client in a speech which was pronounced by Lord Ellenborough to be 
' the most eloquent oration he had everheard in Westminster Hall." 
On Dec. 21, 1803, he received the honor of knighthood, and was ap- 
pointed recorder, or criminal judge, of Bombay, where he resided for 
several years, distinguished by his temperate and impartial admin- 
istration of justice, and his active zeal in behalf of literature and 
science. In 1813 he was elected M. P. for Nairn, in Scotland, and he 
continued to sit in the House of Commons till his death. Whilst in 
parliament he supported all liberal measures ; but his efforts were 
chiefly directed towards the amelioration of the criminal code, the 
rigor of which he was one of the most active in opposing. In 1822 
he was elected lord-rector of the university of Glasgow, and in the 
following year was re-elected to the same dignity. In Dec., 1830, on 
the formation of Earl Grey's administration, he was appointed one 
of the commissioners for the affairs of India. Died May 30, 1832. 
His principal wcrks are " Vindiciae Gallicae," already noticed ; " Dis- 
course on the Study of the Law of Nature and Nations ; " " Disserta- 
tion on Ethical Philosophy ;" " History of England, B.C. 55 to A.D. 
1572," 3 vols. in Lardner's Cabinet Cyclopaedia ; " Life of Sir Thomas 
More;" "History of the Revolution in England in 1688." His 
Miscellaneous Works were published in 3 vols. 8vo., 1846. Cooper's 
Biog. Diet. 



I$O REIGN OF GEORGE III. 

x"ix' e ^ ort to enslave the press in the only country in which 
it could proclaim truth to the world. 

Lord Ellenborovgh. " Gentlemen, it is my duty to state to 
you that every publication which has a tendency to promote 
public mischief, whether by causing irritation in the minds of 
the subjects of this realm that may induce them to commit a 
breach of the public peace or may be injurious to the morals 
and religion of the country, is to be considered a libel. So, 
if it defames the characters of magistrates and others in high 
and eminent situations of power and dignity in other countries, 
expressed in such terms or in such a manner as to interrupt 
the friendly relations subsisting with foreign states in amity 
with us, every such publication is what the law calls a libel. 
Cases of this sort have occurred within all our memories. 
Lord George Gordon published a libel on the person and char- 
acter of the Queen of France, and another person grossly vi- 
tuperated Paul, the late Emperor of all the Russias. In both 
these cases there were prosecutions, convictions, and judg- 
ments, and I am not aware that the law on which these pro- 
ceedings were founded was ever questioned. If the publica- 
tion contains a plain and manifest incitement to assassinate 
magistrates, as the tendency of such a publication is to inter- 
rupt the harmony subsisting between the two nations, the libel 
assumes a more criminal complexion. What interpretation 
do you put on these words? 'As for me, far from envying 
his lot, let him name, I consent to it, his worthy successor ; 
carried on the shield, let him be elected Emperor. Finally 
(Romulus recalls the thing to mind) I wish that on the morrow 
he may have his apotheosis." This is a direct wish by the 
author, that if Buonaparte should be elected Emperor of that 
country, of which he then held the government, his death 
might be instantaneous or that his destruction might follow 
on the next day. Everybody knows the supposed story of 
Romulus. He disappeared ; and his death was supposed to 
be the effect of assassination. If the words were equivocal 
and could bear two constructions, I should advise you to adopt 
the mildest ; but if these words can bear this sense and this 
only, we cannot trifle with our duty; we cannot invent or 
feign a signification or import which the fair sense of the words 
does not suggest." 



LIFE OF LORD ELLENBOROUGH. 151 

He then proceeded to comment on other passages, 
and according to the fashion which still prevailed under 
a supposed injunction of Mr. Fox's Libel Bill not to be 
found there, he declared that in his opinion the publi- 
cation was libellous. Thus he concluded : 

" Gentlemen, I trust that your verdict will strengthen the 
relations by which the interests of this country are connected 
with those of France, and that it will illustrate and justify in 
every part of the world the unsullied purity of British Courts 
of Justice, and of the impartiality by which their decisions are 
uniformly governed." 

In spite of a verdict of Guilty, which the jury under 
this direction immediately returned, hostilities were 
very soon renewed with France: Owing to this rup- 
ture the defendant was not callbd up to receive judg- 
ment a very undignified course on the part of the 
Government ; for the prosecution, if justifiable, must 
be considered as having been commenced to vindicate 
the majesty of English law not to humor the First 
Consul of the French republic.' 

While Mr. Addington remained prime minister, 
Lord Ellenborough warmly supported him as a par- 
tisan ; but when Mr. Pitt resumed the helm, the Chief 
Justice confined himself almost entirely to the dis- 
charge of his official duties, and seemed to have re- 
nounced politics for ever. 

i. 28 St. Tr. 529-620. 



154 REIGN OF GEORGE III. 

CHAP, be a broad bottom administration, and that, to please the 
King, Mr. Addington, now become Lord Sidmouth, 
should be asked to join it. He refused to go in alone, 
thinking that in that case he might be a cipher, and it 
was conceded to him that he should bring in a friend 
with him. He named Lord Ellenborough, to whom 
personally no objection could be made. The Great Seal 
was offered to the Chief Justice, and pressed upon him ; 
but he positively refused it, partly from a misgiving as 
to his competency to preside in Equity, and still more 
from a foreboding that the new ministry, although it 
was to include " all the talents" of the country, might 
be short lived. One great object which the Whigs had 
in view was to make Erskine Chief Justice of the 
King's Bench, an office for which he was allowed to be 
eminently competent ; whereas his qualifications for 
the woolsack were deemed very doubtful. Lord Ellen- 
borough advised that an attempt should be made to 
induce Sir James Mansfield, the Chief Justice of the 
Common Fleas, to take the Great Seal, that Erskine 
might succeed him ; but the offer being made, he at 
once said " No ! " manfully giving as his reason to the 
King and to his friends who pressed him to accept, that 
all his children were illegitimate, although he had mar- 
ried their mother after their birth, and he would not 
have their illegitimacy constantly proclaimed by accept- 
ing a peerage. Lord Ellenborough said " Nothing now 
remains but for Erskine to become Chancellor himself" 
and he swore a great oath that he would make a very 
fair one. With this assurance Fox and Grenville 
assented to the appointment, and Erskine, considering 
Equity mere play compared to the common law, very 
readily acceded to it. 

Lord Ellenborough announced his own determina- 
tion in the following letter to his brother, the Bishop of 
Elphin : 



LIFE OF LORD ELLENBOROUGH. 155 

" MY DEAR BROTHER, CHAP. 

L. 

" I have not yet the means of communicating any 
certain intelligence on the subject of Irish arrange- 
ments, or should have written to you many days ago. 
1 presume that Lord Redesdale will not retain the 
Great Seal of Ireland. Public report gives it to Mr. 
Ponsonby. 1 

" That of Great Britain was offered me last week 
by Lord Grenville and Mr. Fox, but which for several 
reasons both of duty, propriety, and prudence I de- 
clined. 1 have had the honor of being placed in the 
cabinet without any wish on my part, and indeed 
against my wishes but a sense both of public and pri- 
vate duty has obliged me to accept a situation for the 
present, which I could not have refused without ma- 
terially disturbing an arrangement which is, I think, 
necessary for the public interests at the present mo- 
ment. I assure you that I have no motive of ambition 
or interest inducing me to mix in politics, and will not 
suffer myself to bear any part in them which can trench 

i. George Ponsonby, Lord Chancellor of Ireland, the third son 
of John Ponsonby, was born. March 5, 1755. His brother William 
Brabazon Ponsonby was the first baron Ponsonby. Alter an educa- 
tion received partly at home and partly at Trinity College Cambridge, 
George was called to the Irish bar, in 1780, Through family influ- 
ence his success was assured and he entered parliament and held 
office several times. His reputation as a lawyer grew steadily, and in 
1790, as counsel with Curran, he supported the claims of the common 
council of Dublin against the court of aldermen in their contest over 
the election of lord mayor and received their thanks for his conduct 
of their case. He advocated the cause of catholic emancipation in 
company with Grattan and Curran. After the union on March 2, 
1801, he took his seat in the imperial parliament. There he opposed 
a motion for funeral honors to Pitt, on the ground that to do other- 
wise "would be virtually a contradiction of the votes I have given 
for a series of years against all the leading measures of that min- 
ister." On the formation of the Fox, Grenville ministry, he received 
the seals as Lord Chancellor of Ireland. Though holding the office 
for barely a year, he retired with the usual pension of 4000^. a year. 
He afterwards took an active part in politics, especially in matters 
relating to Ireland, until his death upon July 8, 1817. See Diet, of 
Nat. Biog. 



156 REIGN OF GEORGE III. 

CHAP. U pon the immediate duties of my judicial situation. I 
am aware that I shall incur much obloquy in the hopes 
of doing some good, and remain, 

" My dear Brother, 
" Ever most sincerely and affectionately yours, 

" ELLENBOKOUGH. 

" Bloomsbury Square, Thursday, 
February 13, 1806." ' 

It seems strange to us that the incongruity of the 
positions of Cabinet Minister and Chief Justice should 
not have struck " All the Talents," but in the hurry of 
the moment no attention \vas paid to it by any member 
of the new Government. The members of the new 
Opposition had more leisure and were more acute. 
As soon as the list of the Cabinet was published, vio- 
lent paragraphs appeared in the newspapers against 
the unconstitutional conduct of the Whigs, and notices 
of motion upon the subject were given in both Houses 
of Parliament. 

Lord Ellenborough was taken by surprise when 
this storm arose, and he was much annoyed by it. Al- 
though his seat in the Cabinet was not to be accom- 
panied with any profit, the new dignity had consider- 
ably tickled his vanity, and he was really in hopes that 
he mio-ht be of service to the country particularly in 
watching over the Church establishment, and checking 
any concession to the Roman Catholics. He was fully 
convinced that the objection now started was un- 
founded, but he made up his mind that he would not 
condescend to discuss the question in parliament, and 
thus he addressed the Bishop of Elpliin : 

" Bloomsbury Square, March I, 1806. 

" MY DEAR BROTHER, 

" My entire occupations for some time past at 

I. Earl of Ellenborough's MSS. 



LIFE OF LORD ELLENBOROUGH. 157 

Westminster and Guildhall have excluded me from the CHAP. 

Ml 

means of learning any news worth sending you. 

" A question comes on on Monday in both Houses, 
which is brought forward under so much misconcep- 
tion of its true merits, and so much party heat and 
violence, that I shall not wonder if it is carried. The 
object of those by whom it is brought forward is to ob- 
tain a vote of censure upon my appointment to a situ- 
ation in the Cabinet, on the ground of a supposed in- 
compatibility in that situation in his Majesty's councils 
with my judicial situation and duties. I think it the 
more dignified and becoming course not to attend the 
House upon the occasion. If any vote of the kind 
intended should be carried, it is my determination to 
resign my situation as a Privy Councillor; with the 
duties of which I shall consider the vote (if it has any 
meaning at all) as pronouncing my judicial function as 
incompatible. The vote, if it comes at all, must be 
under an entire ignorance or misunderstanding of the 
history- of the country and the precedents respecting 
the situation I fill, its proper and usual duties, and the 
political duties which the Legislature and the Sover- 
eign have from time to time in the most anxious and 
important periods connected therewith. You will find 
this displayed in the debate by Lord Grenville and 
Mr. Fox, who are fully masters of the subject. I have 
thought it proper to give you this hint that you may 
be prepared to expect and to understand the conduct I 
am determined to adopt. 

" Yours, my dear Brother, 

" Ever most affectionately, 

" ELLENBOROUGH." 

When the motions came on, it appeared that there 
was no ground for apprehension as to the immediate 
result, for in the House of Commons the proposed cen- 



158 REIGN OF GEORGE III. 

CHAP. sure was negatived by a large majority, 1 and in the 
House of Lords it was negatived without a division. 2 
Next morning Lord Ellenborough, before going into 
court, despatched the following letter to his brother : 

" 8 o'clock, Friday morning, March 5, 1806, 
Bloomsbury Square. 

" MY DEAR BROTHER, 

" The result of the motion of last night on my 
subject in the Lords was that it was negatived without 
a division. I thought it most becoming my situation 
and character not to be present. 

" In the Commons it was negatived by a majority of 
222 to 64, at | past one this morning. I have not yet 
heard any further particulars. I should be glad to see 
the debate. I am sure that Lord Grenville and Mr. 
Fox were perfectly masters of this question in all its 
bearings, and have no doubt they would discuss it most 
ablv. I am hastening to discharge my daily duties in 
Court, and can add no more than that I am, 
" My dear Brother, 

" Ever most affectionately yours, 

" ELLENBOROUGH." 

On his arrival at Guildhall he received the follow- 
ing: letter from Lord Chancellor Erskine : 



-.s 



" MY DEAR LORD, 

" You have been amply rewarded for the firmness with 
which you resisted the private applications on the subject of 
your seat in the Cabinet by what passed last night. In our 
House everything was 'to your honor ; and indeed, though 
there was a great deal of excellent speaking, there was no 
debate ; at least nothing which could be called so, because, after 
their batteries were completely silenced, they were under the 
fire of Lord Holland 3 and Lord Grenville for near two hours, 

I. 4 Parl. Deb. 284. 2. Ib. 541. 

3. Henry Richard Vassall Holland, third Lord (b. 1773, d, 1840), 
succeeded to the peerage while still an infant, but it was not till the 
year 1798 that he entered on his Parliamentary career, during the 



LIFE OF LORD ELLENBOROUGH. 159 

so that, before I put the question, I had only to say that the CHAP, 
objection was dead and buried ; and, as Lord Eldon had in 
his speech said that he still hoped your Lordship would with- 
draw from the Cabinet, I begged to hope in my turn that Lord 
Bristol, after what I had heard, and which it was impossible 
he could have been acquainted with, would withdraw his 
motion. Lord Bristol made no answer. Nothing more was 
said, and on the question being put, there was nothing that 
had even the aspect of a division. I hardly heard a voice. 
David says that in the Commons Fox and Sheridan were most 
admirable, and the nakedness of the land, appeared in their 
division of 64. I was quite delighted with the result, because 
I am sure the whole has originated in spleen, and the people 
have been made a mere stalking-horse for those who have for 
ever been their oppressors. 

" Your Lordship's most faithful and sincere 

" ERSKINE. 
"Tuesday morning." 

But it appears to me that the argument was all on 
the losing side. That the letter of the law does not 
recognize the Cabinet as distinguished from the Privy 
Council is true ; but in the practical working of the 
constitution the Cabinet has been long known as a 
separate defined body in whom, under the Sovereign, 
the executive government of the country is vested, and 
the names of the members of it have been as notorious 

whole of which he maintained the views and principles of his uncle. 
Charles James Fox. In 1805 the Whigs came into office, and Lord 
Holland was sworn a Privy Councillor, and appointed in conjunction 
with Lord Auckland to negotiate with the American plenipoten- 
tiaries for the settlement of some differences between the two gov- 
ernments. In this, however, they were not successful, as Mr. Jef- 
ferson, the President, refused to ratify the treaty. On the death of 
Mr. Fox, Lord Holland entered the Cabinet as Privy Seal, but early 
in 1807 the ministers were dismissed. He was present in various 
parts of the Peninsula during the Spanish War. On his return to 
England (1809), he became a follower of Mr. Canning to whom he 
lent aid on his ascension to power, though he did not become a 
member of his cabinet. In 1830 he entered Lord Grey's ministry as 
Chancellor of the Duchy of Lancaster, which office he continued to 
fill, with a slight interval when his party was not in power, until the 
time of his death. Diet, of Eng. Hist. 



l6o REIGN OF GEORGE III. 

CHAP. as the names of the Lord Chancellor, or the First 
Lord of the Treasury, or the Secretaries of State, for 
the time being. Without this body the monarchy 
could not now subsist, and any writer describing our 
polity would point it out as one of the most important 
institutions in the state. To say therefore that who- 
ever may without impropriety be sworn of the Privy 
Council, may without impropriety be introduced into 
the Cabinet, is a mere quibble wholly unworthy of 
Mr. Fox and Lord Grenville. Their concession that 
the Chief Justice should absent himself from the Cabi- 
net when the expediency of commencing prosecutions 
for treason or sedition was to be discussed, is decisive 
against them, and they did not attempt to answer the 
observation that the circumstance of the Chief Justice 
being a member of the Cabinet, however pure his con- 
duct might be, was sure to bring suspicion upon the 
administration of justice before him in all cases con- 
nected with politics. The mischief is not confined to 
the period when he actually continues a Cabinet min- 
ister ; for when his party is driven from power, al- 
though all his colleagues are deprived of their offices, 
he still presides in the Court of King's Bench, and 
there is much danger that in Government prosecutions 
he will be charged with being actuated by spite to his 
political opponents. As to the fact of the Chief 
Justice having been a member of a council of regency, 
the precedents might as well have been cited of Chief 
Justices in the King's absence governing the realm, 
and deciding causes in the AULA REGIS. The only real 
precedent was that of Lord Mansfield from 1757 to 
1765, and that was strongly condemned at the time by 
Lord Shelburne and other great statesmen. The reso- 
lution to keep Lord Chief Justice Ellenborough in the 
Cabinet gave a dangerous shake to the new Govern- 
ment ; and public opinion being so strong against it, 



LIFE OF LORD ELLENBOROUGH. l6l 

the advantage expected from it was not enjoyed, for, CHAP. 
from a dread of injuring his judicial reputation, he 
took little part in debate, and remained silent on occa- 
sions when, professing to be an independent peer, he 
might legitimately have rendered powerful help to 
the Government. It is said that Lord Ellenborough 
himself ere long changed his opinion, and to his inti- 
mate friends expressed deep regret that he had ever 
been prevailed upon to enter the Cabinet. 1 

I. The following letters, which passed at the time between Lord 
Ellenborough and Mr. Perceval, then beginning to take the lead of 
the Tory party, have been communicated to me. Considering the 
eminence of the writers and the permanent interest of the subject, 
I think it right that they should be preserved : 

MR, PERCEVAL TO LORD ELLENBOROUGH. 

" MY DEAR LORD, 

" I believe Mr. Spencer Stanhope will certainly give notice to- 
morrow in the House of Commons of his intention to submit some 
motion to the House on the subject of your Lordship's situation in 
the Cabinet. Feeling as I do upon the subject, and convinced as I 
am after a great deal of reflection upon it, that the propriety of the 
appointment cannot be maintained in argument, I should think that 
I acted unkindly, if not treacherously, by you (especially as with 
these feelings I shall be obliged to take a part myself in the debate 
upon this motion), if I did not once more, with great earnestness, 
recommend to you the expediency of reconsidering the subject, and 
of retiring willingly in deference to the public sentiment from the 
situation in question. I advise it the more readily because I am 
sure you do not covet the situation yourself, and that you are risk- 
ing your own character, which is too important a public possession 
to be risked lightly, out of deference to the opinions and feelings 
and wishes of others, rather than your own. And however unpleas- 
ant it may be either to you or your friends to take a step which ap- 
parently acknowledges that you have fallen into an error ; yet, as 
you may depend upon it, it will come to this at last, or else raise a 
ferment of which at present you have no conception, and in which 
your new friends will leave you to yourself ; it must be clearly less 
unpleasant to you, when the implied acknowledgment will amount 
to no more than that you have committed an error, into which under 
the circumstances any person might very naturally have fallen,, 
than to wait till the time when this implied acknowledgment will 
not only be that you have committed an error, but that you have 
tried to persevere in it after it was pointed out to you, and against,, 
if not the force of argument, at least the weight of public opinion. 
Your friends who advise you against the step which I now recom- 



162 REIGN OF GEORGE III. 

While the " Talents " remained in office the only 
Government measure on which the Lord Chief Justice 

mend, cannot, I am certain, see this subject in all its bearings or 
they could not, as your friends, so advise you. You and they both, 
living perhaps encircled a good deal by your own friends (who bor- 
row their impressions upon such subjects in great measure from 
yourselves, and do little more than reflect back upon your own 
opinions), do not come in contact with the opinion of the public. It 
requires some effort, as I feel at this moment, to communicate an 
unwelcome truth, and therefore few people will have the hardihood 
to tell you how apparently unanimous the public opinion is against 
the Government on this point. The confidence and kindness with 
which you have uniformly favored me, have drawn from me this 
frank exposure of my sentiments. I trust you are not offended at it. 
As far as party feeling against the Government could go, I assure 
you I should covet the discussion. And I cannot trace in my own 
mind any improper bias which actuates me, unless indeed the disin- 
clination which I feel to be forced into a situation where my duty 
will oblige me to take a part in a debate, possibly unpleasant to your 
feelings, may be deemed an improper bias. 
" I am, my dear Lord, 

" Yours most truly and faithfully, 

"Sp. PERCEVAL. 

" Lincoln's Inn Fields, Feb. 23, 1806." 



LORD ELLENBOROUGH TO MR. PERCEVAL. 
" MY DEAR SIR, 

" I should not truly state my own feelings upon the occasion, 
if I did not say that I received on many accounts very great pain 
from the perusal of your letter. 

" You will no doubt conscientiously pursue your own line of con- 
duct. I have only to request that you will have the charity to sup- 
pose that I am equally guided by principles of duty, when I declare 
my intention of abiding and conforming to the sense which parlia- 
ment may think fit to express on my subject. I would, as you ad- 
vise me to do, retire in deference to the public sentiment, if I was 
perfectly satisfied that the sentiment of the unprejudiced part of the 
public did not accord with my own but I am yet to learn that the 
judgment of those who consider the question without party bias is 
against me, and am wholly at a loss to discover what duties, in 
respect of advice to the Crown, are cast upon me in the character of 
what is called a Cabinet Councillor which do not already attach upon 
tne as a Member of the Privy Council, under the oath I have taken 
in case his Majesty should think fit to require my advice as a Privy 
Councillor (as he has often done that of others) upon subjects rela- 
tive to the executive Government of the country. However, as you 
tell me you are 'convinced that the propriety of the appointment 
cannot be maintained in argument,' I will forbear to waste your 
time or my own in unavailing discussions, and remain, with thanks 



LIFE OF LORD ELLENBOROUGII. 163 

spoke in the House of Lords was the Bill for abolish- CHAP. 
ing the Slave Trade ; and of his speech on this occasion, 

for the frankness and explicitness of your communication, and a 
strong sense of former kindness, very sincerely yours, 

" ELLENBOROUGH." 



MR. PERCEVAL TO LORD ELLENBOROUGH. 

11 Lincoln's Inn Fields, 

Monday evening, Feb. 24. 

" My DEAR LORD, 

" I cannot possibly permit the letter which I received from 
you this morning, to be the last which should pass between us upon 
the subject to which it relates. I cannot fail to perceive that you 
are much offended by my former letter; and I must endeavor to re- 
move, as far as I can, the grounds for that offence, which any objec- 
tionable expressions in it may have afforded. If there is any one 
word in it which intimates or insinuates the slightest or most distant 
suspicion that you will not act, or have not acted, upon this occasion, 
as upon all others, upon what you conceive to be the true principles 
of duty, or which conveys the least ground for your thinking it 
necessary to request that I would have the charity to suppose that you 
would act upon such principles, I can only say that I have been most 
unfortunate in the language which I have used, and have conveyed 
a sentiment directly the reverse of what I felt, as well as of what I 
intended to convey. From some expressions of my letter, which you 
repeat, underlined, I fear that in expressing strongly what I strongly 
felt. I have used language which you have thought disrespectful ; if 
I have done so, I am extremely sorry for it, and ask your pardon 
most readily for the manner in which I have executed my purpose. 
But for the matter of it, I am so conscious that I never acted by you 
or anybody under a more sincere impression of personal regard, than 
in writing that letter, that though I must be sorry for my failure, I 
should even now reproach myself if I had not sent it. 

" When I referred to the sentiments of the public being against 
the Government upon this question, I ought certainly to have been 
aware that nothing is more difficult than to collect with any accuracy 
the public opinion. But I did so refer to them because I had con- 
versed with, and collected the sentiments 'bf, many persons wholly 
unconnected with party, of different descriptions, some of them mem- 
bers of our own profession (whose judgments form no unimportant 
criterion), and also of several persons friendly to the present Govern- 
ment, and I have not met with a single one who has doubted of the 
impropriety of the appointment. You say ' that you are yet to learn 
that the judgment of persons who consider the question without 
party bias is against you.' I fully believe that you are so, and it 
was my belief of this which is my only justification for troubling you 
with my letter. Your situation is so elevated that you have no 
chance of obtaining information upon such a subject, unless some 
real friend will, as I have done, risk, with the hope of serving you, 



166 REIGN OF GEORGE III. 



CHAP, gth Articles, laying his hand on his breast, said with 

Mi 

great emphasis and solemnity," Guil.TV, UPON MY HON- 
OR." The acquittal of the noble viscount upon the 2d 
Article, charging him with having connived at the im- 
proper drawing of money by Mr. Trotter, without 
alleging that he himself derived any profit from the 
money so drawn, showed that impeachment can no 
longer be relied upon for the conviction of state of- 
fences, and can only be considered a test of party 
strength. Almost all good Tories said NOT GUILTY, 
and the independent course taken by Lord Ellenbor- 
ough very much raised him in public estimation. 1 

The following letter shows that he acted cordially 
with Mr. Fox, and was confidentially consulted by 
that great statesman in the attempt then made to bring 

Indian affairs. On the fall of North's ministry, Lord Rockingham 
was not slow to avail himself of Dundas's services, which were em- 
ployed in the treasury of the navy, an office which he held also under 
Lord Shelburne. He retired, however, on the formation of the 
Coalition (1783), but did not have long to wait before he resumed his 
old post under Pitt. In June, 1788, he resigned that place to become 
President of the Board of Control with a seat in the Cabinet. With 
Pitt he resigned in 1801, and was raised to the peerage. In 1804 he 
again followed Pitt into office, and was appointed First Lord of the 
Admiralty, where he remained until 1806, when he was impeached 
for misappropriation of public money during his former period of 
control over the Navy Treasury. Pitt defended his faithful follower 
and colleague with his utmost ability, but a strong case was brought 
against him, and when the numbers on division were equal, the 
Speaker gave his casting vote against Lord Melville. Pitt was quite 
broken down by the blow, and did not live long enough to see the 
censure reversed by the Lords in 1807, after which the name of Lord 
Melville, which had been erased, was restored to the Privy Council 
list. He had retired, however, to Scotland, and never again took 
any part in public affairs ; and in retirement he died in May, 1811. 
That Dundas had been " guilty of highly culpable laxity in transac- 
tions relating to public money," no one can doubt ; but no loss had 
accrued to the state in consequence, and it was undeniable that he 
had exhibited a most praiseworthy energy in taking some steps to 
remedy the hopeless confusion and mismanagement which had for 
many years prevailed at the Admiralty. Diet, of Eng. Hist. 
I. 29 St. Tr. 549-1482. 



LIFE OF LORD ELLENBOROUGH. 167 

about a pacification with Napoleon contrary to tne CHAP. 
wishes of the King : 

" Secret and Confidential. 

" Many thanks to you, my dear Lord, for your note. The 
argument is quite satisfactory, and I should hope Holland 
would not be a point on which there would be much difficulty. 
I have heard something to-day which makes me apprehend that 
internal difficulties, and those from the highest quarter, will be 
the greatest. I hope nothing will prevent your attending, 
Monday, at eleven, for a consultation of greater importance in 
all its consequences never did nor never can occur. Shall we 
shut the door for ever to peace with France ? Shall we admit 
that a council and ministers are nothing ? that the opinion of 
the K. is everything, from what suggestions soever he may have 
formed that opinion ? These are questions of some moment. 
Let us act honorably and fairly (in as conciliating a manner as 
possible, I agree). We may be foiled, the country may be 
ruined, but we cannot be dishonored. I am, with great regard, 
my dear Lord, 

" Yours ever, 

"St. Anne's Hill, Saturday evening." " C. J. Fox. 

On the death of Mr. Fox Lord Ellenborough con- Dismissal 
tinued a cabinet minister, under Lord Grenville, till the Talents." 
entire dissolution of the government of All the Talents. ^ rch ' 
Notwithstanding his objection to Roman Catholics 
sitting in parliament, he had given his consent in 
the Cabinet to the little bill (which produced such 
great effects) for permitting Roman Catholics to hold 
the rank of field officers in the army ; but when the 
rupture actually took place his sympathies were with 
the King, and he declared it to be not unreasonable or 
unconstitutional that the King's ministers should be 
required to pledge themselves to propose no farther 
concessions to the Roman Catholics. 1 However, the 

i. Lord Ellenborough had once looked favorably on the claims of 
the Irish Roman Catholics, but had become much afraid of them by 
the representations of his brother, the Bishop of Elphin, who had 
been exposed to serious perils in the Irish Rebellion of 1798, in which 



168 REIGN OF GEORGE III. 

CHAP. Chief Justice parted on good terms with Lord Gren- 
ville, who gave him the following testimony to his 
honorable conduct while they had acted together in 
the Cabinet: 

" Downing Street, March 13, 1807. 
" MY DEAR LORD, 

"The matter which has of late occupied our attention 
is now brought to a state which appears to leave no possibility 
of the further continuance of the Government. Although I 
have the misfortune of differing from your Lordship on the 
expediency of the measures which have been in question, yet 
the frank and honorable conduct which has at all times marked 
every part of the share which you have taken in the delibera- 
tions and measures of the Government while it subsisted, makes 
me extremely anxious to have, if possible, the satisfaction of 
conversing with you to-morrow morning, previous to my going 
to the Queen's house, in order that I may have the opportu- 
nity of stating to you the course which we have taken during 
the last two days, and the grounds on which we have acted. 

" Whatever be the course of the events to which these trans- 
actions may lead, I shall ever retain a strong sense of the con- 
duct which you have held on all occasions during the time that 
we have acted together, and a sincere respect for your character. 
" I have the honor to be, my dear Lord, 
" Most truly and faithfully, 

"Your most obedient humble servant, 

" GRENVILLE." 

he displayed great gallantry. When Lord Cornwallis during the 
insurrection was riding with his staff at the head of a column 
in march, the first object he saw through the haze one morning 
was the Bishop on horseback coming to join him with a sword by 
his side, and pistols in his holsters. This same Bishop carried off in 
his carriage from his own door a country neighbor, whom he heard 
was to join the rebels the next day and drove him 20 miles into 
Dublin. He had induced him to enter by courteously offering a lift, 
but the moment the door of the carriage was closed upon his friend, 
he collared him and told him he was his prisoner, and the coachman, 
having his orders, whipped his horses into a gallop. The Bishop 
had all the qualities of a Christian pastor, but it was thought that, if 
in the law, he would have made a still better Chief Justice than his 
brother Edward, although it is rather doubtful whether Edward in 
the church would have displayed the mild virtues expected in a 
Bishop. 



LIFE OF LORD ELLENBOROUGH. 169 

Henceforth, Lord Ellenborough, estranging himself CHAP. 
entirely from the Whigs, entered into a still closer alli- 
ance with Lord Sidmouth, and, till his friend and 
patron again returned to office under Lord Liverpool, 
joined the small Addingtonian opposition in the House 
of Lords. 

Accordingly, ou the motion for the restoration of r ^r >8 > 
the Danish Fleet, he declared "that in his opinion Lord Ellen- 
there was no act that had ever been committed by the s peecifon 
Government of this country which so much disgraced tioYofthe" 
its character and stained its honor as the expedition to nee".' sl1 
Copenhagen ; as an Englishman he felt dishonored 
whenever the national honor was tarnished ; the expedi- 
tion reminded him of 

the ill-omen'd bark 

Built in th' eclipse, and rigg'd with curses dark.' 

He thought the object it had in view was most unjusti- 
hable, and that even the success of that object would 
bring great calamity upon the country. When necessity 
was pleaded, noble Lords should recollect that this 
plea rested on an overwhelming inevitable urgency 
to do a particular act not on mere predominating con- 
venience. Many persons considered it justification 
enough that it might be very convenient for the country 
in this instance to apply to its own use what belonged 
in full property to another. This doctrine he was so 
much in the habit ol reprobating at the Old Bailey that 
he could not help expressing himself with some warmth 
when he found it set up and acted upon by their 
Lordships." 1 

Having defended the Bill by which the Attorney Hisaiterca- 

t~* i tion with 

(jeneral was empowered to hold to bail in cases prose- Lord stan- 
cuted by him, and Earl Stanhope having said that suc 
language might have been expected from Jeffreys or 
Scroggs, Lord Ellenborough thus retorted : 
I. 10 Parl. Deb. 655. 



170 REIGN OF GEORGE III. 

CHAP. " My Lords, from my station as Chief Justice of 
England I am entitled to some degree of respect ; but I 
have been grossly calumniated by a member of this 
House, who has compared me to monsters who in 
former reigns disgraced the seat of justice such as 
Scroggs and Jeffreys. I shall treat the calumny and 
calumniator with contempt." 

Earl Stanhope. " I meant no such comparison, and 
if the noble and learned Lord from intimate acquain- 
tance has found a resemblance, this must be one of his 
singularities; but his rash precipitancy in misapplying 
what fell from me, convinces me that it might be dan- 
gerous to delegate the power created by the Bill even 
to the noble and learned Lord." * 

The Bill passed, but, being most unnecessary and 
most odious, it was not acted upon by any Attorney 
General, not even by Sir Vicary Gibbs, its author, who, 
by his oppressive multiplication of ex-officio informa- 
mations, brought himself and his office into sad dis- 
repute. 

Feb. 1810. One of these informations which excited much 
interest was filed against Mr. Perry, the proprietor of 
the ' Morning Chronicle.' He was a gentleman of 
considerable talents and high honor, who did much to 
raise to respectability and distinction the profession 
of a journalist in this country. He abstained from all 
attacks on private character; he was never influenced 
by any mercenary motive; and his paper, although 
strongly opposed to the Tory Government, steadily 
adhered to true constitutional principles. An article 
in the ' Morning Chronicle,' after calmly discussing the 
Catholic question, thus concluded: " What a crowd of 
blessings rush upon one's mind that might be bestowed 
upon the country in the event of a total change of sys- 
tem ! Of all monarchs indeed since the Revolution, 
i. ii Part. Deb. 710. 



LIFE OF LORD ELLENBOROUGH. \J 

the successor of George III. will have the finest CHAP. 
opportunity of becoming nobly popular." 

Sir Vicary's information alleged that the defend- 
ant " being a malicious, seditious, and evil-disposed 
person, and being greatly disaffected to our Sovereign 
Lord the King and to his administration of the govern- 
ment of this kingdom, and most unlawfully, wickedly, 
and maliciously designing, as much as in him lay, to 
bring our said Lord the King, and his administra- 
tion of the government of this kingdom, and the per- 
sons employed by him in the administration of the 
government of this kingdom into great and public 
hatred and contempt among all his liege subjects, and 
to alienate and withdraw from our said Lord the King 
the cordial love and affection, true and due obedience, 
fidelity and allegiance of the subjects of our said Lord 
the King, did print and publish a certain scandalous, 
malicious, and seditious libel " [setting out the words 
which I have copied]. 

Mr. Perry appeared as his own counsel, and de- 
fended himself with singular modesty, tact, and elo- 
quence. 

At his request the following paragraph was allowed 
to be read from the same newspaper: 

" The Prince has thought it his duty to express to 
his Majesty his firm and unalterable determination to 
preserve the same course of neutrality which he has 
maintained, and which, from every feeling of dutiful 
attachment to his Majesty's person, Irom his reverence 
of the virtues and from his confidence in the wisdom 
and solicitude of his Royal Father tor the happiness of 
his people, he is sensible ought to be the course that 
he should pursue." 

Lord Ellenborough, in summing up to the Jury, 
after commenting upon the weight to be given to this 
paragraph, thus proceeded : 



172 REIGN OF GEOKGE III. 

CHAP. "The next and most important question is, what is 

LM 

the fair, honest candid construction to be put upon the 
words standing by themselves. Is the passage set out 
in the information per se libellous ? The first sentence 
easily admits of an innocent interpretation. 'What a 
crowd of blessings rush upon one's mind that might be 
bestowed upon the country in the event of a total 
change of system ! ' The fair meaning of the expres- 
sion, ' change of system,' I think is a change of political 
system not a change in the frame of the established 
government but in the measures of policy which have 
been for some time pursued. By ' total change of sys- 
tem ' is certainly not meant subversion or demolition, 
for the descent of the crown to the successor of his 
Majesty is mentioned immediately after. The writer 
goes on to speak of the blessings that may be enjoyed 
upon the accession of the Prince of Wales ; and there- 
fore cannot be understood to allude to a change incon- 
sistent with the full vigor of the monarchical part of 
the constitution. Now I do not know that merely 
saying there would be blessings from a change of 
system, without reference to the period at which they 
may be expected, is expressing a wish or a sentiment 
that may not be innocently expressed in reviewing the 
political condition of the country. The information 
treats this as a libel on the person of his Majesty, and 
his personal administration of the government of the 
country. But there may be error in the present sys- 
tem, without any vicious motives, and with the great- 
est virtues, on the part of the reigning Sovereign. He 
may be misled by the ministers he employs, and a 
change of system may be desirable from their faults. 
He may himself, notwithstanding the utmost solicitude 
for the happiness of his people, take an erroneous view 
of some great question of policy, either foreign or 
domestic. I know but of ONE BEING to whom error 



LIFE OF LORD ELLENBOROUUH. 173 

may not be imputed. If a person who admits the wis- CHAP. 
dom and the virtues of his Majesty, laments that in the 
exercise of these he has taken an unfortunate and 
erroneous view of the interests of his dominions, I am 
not prepared to say that this tends to degrade his 
Majesty, or to alienate the affections of his subjects. I 
am not prepared to say that this is libellous. But it 
must be with perfect decency and respect, and without 
any imputation of bad motives. Go one step farther, 
and say, or insinuate, that his Majesty acts from any 
partial or corrupt view, or with an intention to favor 
or oppress any individual or class of men, and it would 
become most libellous. However, merely to represent 
that an erroneous system of government obtains under 
his Majesty's reign, I am not prepared to say exceeds 
the freedom of discussion on political subjects which 
the law permits. Then comes the next sentence : ' Of 
all monarchs, indeed, since the Revolution, the suc- 
cessor of George the Third will have the finest oppor- 
tunity of becoming nobly popular." This is more 
equivocal ; and it will be for you, gentlemen of the 
Jury, to determine what is the fair import of the words 
employed. Formerly it was the practice to say, that 
words were to be taken in the more lenient sense : but 
that doctrine is now exploded ; they are not to be 
taken in the more lenient or more severe sense ; but in 
the sense which fairly belongs to them, and which they 
were intended to convey. Now, do these words mean 
that his Majesty is actuated by improper motives, or 
that his successor may render himself nobly popular by 
taking a more lively interest in the welfare ot his sub- 
jects? Such sentiments, as it would be most mis- 
chievous, so it would be most criminal to propagate. 
But if the passage only means that his Majesty during 
his reign, or any length of time, may have taken an 
imperfect view of the interests of the country, either 



174 REIGN OF GEORGE III. 

CHAP, respecting our foreign relations, or the system of our 
internal policy, if it imputes nothing but honest error, 
without moral blame, I am not prepared to say that it 
is a libel. The extract, read at the request of the de- 
fendants, does seem to me too remote in point of situ- 
ation in the newspaper to 'have any material bearing on 
the paragraph in question. If it had formed a part of 
the same discussion, it must certainly have tended 
strongly to show the innocence of the whole. It 
speaks of that which everybody in his Majesty's 
dominions knows, his Majesty's solicitude for the hap- 
piness of his people ; and it expresses a respectful re 
gard for his paternal virtues. What connection it has 
with the passage set out in the information, it is for 
you to determine. Taking that passage substantively 
and by itself, it is a matter, I think, somewhat doubt- 
ful, whether the writer meant to calumniate the person 
and character of our august Sovereign. If you are 
satisfied that this was his intention by the application 
of your understandings honestly and fairly to the words 
complained of, and you think they cannot properly be 
interpreted by the extract which has been read from 
the same paper, you will find the delendants guilty. 
But if, looking at the obnoxious paragraph by itself, 
you are persuaded that it betrays no such intention ; or 
if, teeling yourselves warranted to import into your 
consideration of it a passage connected with the sub- 
ject, though considerably distant in place and dis- 
joined by other matter, you infer from that connection 
that this was written without any purpose to calumni- 
ate the personal government of his Majesty, and render 
it odious to his people, you will find the defendants not 
guilty. The question of intention is for your consider, 
ation. You will not distort the words, but give them 
their application and meaning as they impress your 
minds. What appears to me most material, is the sub- 



LIFE OF LORD ELLENBOROUGH. 1 75 

stantive paragraph itself ; and if you consider it as CHAP. 
meant to represent that the reign of his Majesty is the 
only thing interposed between the subjects of this 
country and the possession of great blessings, which 
are likely to be enjoyed in the reign of his successor, 
and thus to render his Majesty's administration of his 
government odious, it is a calumnious paragraph, and 
to be dealt with as a libel. If, on the contrary, you do 
not see that it means distinctly, according to your rea- 
soning, to impute any purposed maladministration to 
his Majesty, or those acting under him, but may be 
fairly construed as an expression of regret that an 
erroneous view has been taken of public affairs, 1 am 
not prepared to say that it is a libel. There have been 
errors in the administration of the most enlightened 
men. 1 will take the instance of a man who for a time 
administered the concerns of this country with great 
ability, although he gained his elevation with great 
crime I mean Oliver Cromwell. We are at this mo- 
ment suffering from a most erroneous principle of his 
government in turning the balance of power against 
the Spamsli monarchy in favor of the House of Bourbon. 
He thereby laid the foundation of that ascendency 
which, unfortunately for all mankind, France has since 
obtained in the affairs of Europe. The greatest mon- 
archs who have ever reigned monarchs who have ielt 
the most anxious solicitude for the welfare of their 
country, and who have in some respects been the 
authors of the highest blessings to their subjects, have 
erred. But could a simple expression of regret for any 
error they had committed, or an earnest wish to see 
that error corrected, be considered as disparaging 
them, or tending to endanger their government ? Gen- 
tlemen, with these directions the whole subject is for 
your consideration. Apply your minds candidly and 
uprightly to the meaning of the passage in question ; 



176 REIGN OF GEORGE III. 

CHAP, distort no part of it for one purpose or another ; and 
let your verdict be the result of your fair and deliber- 
ate judgment." 

The defendant was acquitted. 1 As soon as the 
foreman of the jury had pronounced the verdict, Sir 
Vicary Gibbs, the Attorney General, turning round to 
me, said, " We shall never get another verdict for the 
Crown while the Chief Justice is in opposition." His 
Lordship certainly since the dissolution of the Talents 
Administration had kept up an intimacy with Adding- 
ton and the Grenvilles, but it was a mere piece of Mr. 
Attorney's spleen to suppose that the Judge was 
actuated by any desire to mortify the existing Govern- 
ment, although the possibility of such a suspicion is 
argument enough against a Chief Justice of the King's 
Bench ever being a member of any Cabinet. 

Lord Ellenborough had a violent hatred of libellers, 

and generally animadverted upon them with much 

severity. He soon after did his best to convict Leigh 

A.D. i8u. Hunt, 2 then the editor of the EXAMINER, upon an 

1. 31 St. Tr. 335 ; 2 Campb. 398. 

2. James Henry Leigh Hunt, an English author, born in South- 
gate, Middlesex, Oct. 19, 1784, died at Putney, Aug. 28, 1859. His 
father, a West Indian, married an American lady, and practised law 
in Philadelphia till the Revolution broke out, when he warmly 
espoused the cause of the Crown and had to leave the country. He 
went to England, took orders, and became tutor to Mr. Leigh, 
nephew of the Duke of Chandos, after whom he named his son. 
Leigh Hunt was educated at Christ's Hospital, which he left in his 
fifteenth year, spent some time in the office of his brother, an attor- 
ney, and then obtained a place in the war office. In 1808 he left the 
war office, and with his brother established the " Examiner," a 
liberal journal, which he edited for many years and rendered ex- 
ceedingly popular ; it was noted for the fearlessness of its criticism 
and the freedom of its political discussions. Three times the Hunts 
were prosecuted by the Government; first, for the words, "Of all 
monarchs, indeed, since the Revolution, the successor of George III. 
will have the finest opportunity of becoming nobly popular " ; second, 
for denouncing flogging in the army ; third, when a fashionable 
newspaper had called the Prince Regent an Adonis, for adding "a 
fat Adonis of fifty." On the first the prosecution was abandoned. 



LIFE OF LORD ELLEXBOROUGH. 177 

ex-offido information for publishing an article against CHAP. 
the excess to which the punishment of flagellation had 
been carried in the army: 

" Gentlemen," said he to the jury, " we are placed 
in a most anxious and awful situation. The liberty of 
the country everything that we enjoy not only the 
independence of the nation, but whatever each in- 
dividual among us prizes in private life, depends upon 
our fortunate resistance to the arms of Buonaparte and 
the force of France, which I may say is the force of all 
Europe combined under that formidable foe. It be- 
comes us, therefore, to see that there is not in addition 
to the prostrate thrones of Europe an auxiliary within 
this country, and that he has not the aid for the 
furtherance of his object of a British press. It is for 
you, between the public on the one hand, and the 

on the second the verdict was for acquittal, but on the third the 
brothers were sentenced to a fine of ^500 each, and two years' im- 
prisonment. They rejected offers to remit the penalties on condition 
that the paper should change its tone, and underwent the full sen- 
tence ; but so much popular sympathy was excited in their behalf 
that the cells were transformed into comfortable apartments, con- 
stantly supplied with books and flowers. Here Leigh was visited 
by Byron, Moore, Lamb, Shelley, and Keats, and here he wrote " The 
Feast of the Poets " (1814), " The Descent of Liberty, a Mask " (1815), 
and "The Story of Rimini" (iSi6), which immediately gave him a 
place among the poets. He also continued to edit the " Examiner " 
while in prison. His pecuniary affairs having become badly in- 
volved, in June 1822, on the invitation of Byron and Shelley, he went 
to Pisa, Italy, to assist them in editing the " Liberal," a journal 
intended to be ultra-liberal in both literature and politics. Shelley's 
death occurred in July, and Hunt resided with Byron for several 
months ; but the journal proving a failure and the association un- 
congenial, the poets separated with decidedly unpleasant impressions 
of each other. Hunt remained in Italy for some years, and after his 
return to England published " Recollections of Lord Byron and some 
of his Contemporaries." In this book the character of Byron was 
set forth in so unfavorable a light that his friends, especially Moore, 
retorted upon its author in the severest manner. Years afterward 
Hunt confessed that he was ashamed of it. From this time his life 
was constantly devoted to the production of books. Shortly 
before his death he collected and arranged a complete final edition 
of his poems. Appletoris Encyc., vol. ix., p. 68. 



178 REIGN OF GEORGE III. 

CHAP, subject on the other, to see that such a calamity does 
not overwhelm us. Is this the way of temperate dis- 
cussion ? The first thing that strikes us is this ONE 
THOUSAND LASHES in large letters. What is this but 
to portray the punishment as a circumstance of horror, 
and excite feelings of detestation against those who 
'had inflicted and compassion for those who had suffered 
it? Then he goes into an irritating enumeration of 
the miseries which do arise from the punishment, and 
which do harrow up the feelings of men who consider 
them in detail. This punishment is an evil which has 
subsisted in the eyes of the legislature and of that 
honorable body who constitute the officers of the armv, 
and it has not been remedied. If there are persons 
who really feel for the private soldier, why not remedy 
the evil by private representation? 1 But when, as at 
this moment, everything depends on the zeal and 
fidelity of the soldier, can you conceive that the ex- 
clamation ONE THOUSAND LASHES, with strokes under- 
neath to attract attention, could be for any other pur- 
pose than to excite disaffection ? Can it have any 
other tendency than that of preventing men from 
entering into the army ? Can you doubt that it is a 
means intended to promote the end it is calculated to 
produce? If its object be to discourage the soldier}-, I 
hope it will be unavailing. These men who are repre- 
sented as being treated ignominiously have presented a 
front and successfully to every enemy against which 
they have been opposed. On what occasion do you 
find the soldiery of Great Britain unmanned by the 
effect of our military code? This publication is not to 
draw the attention of the legislature or of persons in 

I. This reminds one of the Emperor Alexander's observation 
when he visited England in 1815, that "he thought the English 
'Opposition ' a very useful institution, but he rather wondered why 
they did not convey their remonstrances to the King's Ministers in 
private." 



LIFE OF LORD ELLEN13OROUGH. 179 

authority with a view to a remedy, but seems intended CHAP. 
to induce the military to consider themselves as more 
degraded than any other soldiers in the world and to 
make them less ready at this awful crisis to render the 
country that assistance without which we are collec- 
tively and individually undone. I have no doubt that 
this libel has been published with the intention imputed 
to it, and that it is entitled to the character given to it 
by the information." ' 

Nevertheless, to the unspeakable mortification of 
the noble Judge, the jury found a verdict of Not 
Guilty? 

Such scandal was excited by the mode in which March 4, 

1811. 

Government prosecutions for libel were now instituted 
and conducted, that Lord Holland brought the subject 
before the House of Lords, and, after a long speech, in 
which he complained of the power of the Attorney 
General to file criminal informations, and the manner 
in which it had recently been abused, moved for a 
return of all informations ex-officio for libel from ist 
January, 1801, to 3ist December, 1810. 

Lord Ellenboronglt : "The motion of the noble Baron 
includes the period during which so humble an in- 
dividual as myself had the honor of filling the office of 
Attorney General. Whether he means to refer to my 
conduct I know not but as he made no allusion to it, 
I do not think myself bound to defend what has not 
been attacked ; but I must say with reference to the 
learned gentlemen who succeeded me, that their dis- 

1. This was manifestly usurping the functions of the jury as to 
matter of fact ; but it was then erroneously supposed to be in con- 
formity to the power given by Fox's Libel Act, which is merely for 
the Judge to deliver his opinion on matter of law as in other cases. 

2. 31 St. Tr. 367. This acquittal was mainly produced by the 
eloquence of Mr. Brougham ; but in spite of all his efforts another 
client was convicted at Lincoln before Baron Wood, for publishing 
the same libel in a country newspaper. Rex v. Drakard, 31 St. Tr. 
495- 



I So REIGN OF GEORGE III. 

CHAP, charge of their public duty ought not lightly or 
captiously to be censured nor made the subject of 
invidious investigation on grounds of hazardous con- 
jecture. The law of informations ex-offido is the law of 
the land, resting on the same authority with the rights 
and privileges which we most dearly prize. It is as 
much law as that which gives the noble Lord the right 
of speaking in this House ; it is as much law as the 
law which puts the crown of this realm on the brow of 
the Sovereign. If the noble Lord questions the ex- 
pediency of the law of informations, why not propose 
that it be repealed ? This would be the direct and 
manly course. I deprecate in this House violent and 
vao-ue declamations. [Hear! hear.' from Lord Hoi- 

o u 

land.] I am aware to what I subject myself. The 
noble Lord may call all that I have said a mere tirade. 
[Hear! hear! from Lord Holland.] I am used to 
tumults and alarms they never yet could put me 
down. Were I to die next moment, I will not yield 
to violence. My abhorrence of the licentiousness of 
the press is founded on my love of civil liberty. The 
most certain mode of upsetting our free constitution is 
bv generating a groundless distrust of the great officers 
of justice, and teaching the people to despise the law 
along with those who administer it. I repeat that I 
know nothing more mischievous in its tendency than 
inoculating the public mind with groundless appre- 
hensions of imaginary evils." 

The violence of this language called forth consider- 
able animadversion from several noble Lords. Lord 
Stanhope declared that he was afraid of entering into 
any controversy with the " vituperative Chief Justice " 
justifying himself by the example of a peer cele- 
brated for his politeness, of whom he told this anecdote : 
Lord Chesterfield, when walking in the street, being 
pushed off the flags by an impudent fellow, who said 



LIFE OF LORD ELLENBOROUGH. l8l 

to him, " I never give the wall to a scoundrel," the CI , AP 
great master of courtesy immediately took off his hat, 
and, making him a low bow, replied, " Sir, I always 
do." 1 

Lord Holland : " The noble and learned Chief Jus- 
tice has complained of the vehemence and passion with 
which I have delivered myself; but he should have had 
the charity to recollect that I have not the advantage 
of those judicial habits from which he has profited so 
much. The practice of the duties of the highest 
criminal judge and the exercise of temper which those 
duties require can alone bring the feelings of men to a 
perfect state of discipline, and produce even in the 
delivery of the strongest opinions the dignified and 
dispassionate tone which ever adds grace to the noble 
and learned Lord's oratorical efforts, and has so signally 
marked his demeanor in this night's debate." 

Sir James Mackintosh, who was present at this 
debate, in giving an account of it, says : " I was much 
delighted with the ingenious, temperate, and elegant 
speech of Lord Holland on the abominable multiplica- 
tion of criminal informations for libels, and much dis- 
gusted with the dogmatism of Lord Ellcnborough's 
answer. Lord Holland spoke with the calm dignity of 
a magistrate, and Lord Ellenborough with the coarse 
violence of a demagogue." 2 

The Chief Justice's next remarkable appearance in March 22, 
the House of Lords was in a discussion respecting the L ordEiien- 
" Delicate Investigation." While he was in the 
net in 1806 a commission had been addressed to 
and several others by George III. to inquire into certain VESTI *- 
charges brought forward against the Princess of Wales. 
After examining many witnesses, they presented a 
report acquitting her of conjugal infidelity, but stating 

1. iq Parl. Deb. 129-174. 

2. Life of Mackintosh. 



182 REIGN OF GEORGE III. 

CHAP. that s he had been guilty of great levity of conduct, and 
recommending that she should be admonished to con- 
duct herself more circumspectly in future. 1 These 
animadversions excited the deep resentment of her 
Royal Highness and her friends, and were complained 
of in various publications and speeches, which asserted 
that the secret inquiry before the Commissioners had 
been carried on unfairly, that improper questions had 
been put, and that the evidence had not been correctly 
taken down. Without making any motion, or giving 
any notice, the noble and learned Lord rose in his 
place, and thus addressed his brother Peers: 

" My Lords, various considerations have at different 
moments operated upon my mind to induce me to for- 
bear the execution of a task which now, after the most 
mature and deliberate consideration, I am compelled to 
perform as a duty that I owe to my own character and 
honor, as well as to the character and honor of those 
who were joined with me in a most important investi- 
gation. The first of these considerations was a con- 
sciousness of rectitude, I hope not presumptuously 
indulged, which made me backward in noticing the 
slanderous productions recently circulated against the 
conduct of individuals employed in situations of the 
highest trust. To have betrayed an anxious irritability 
of feeling would have appeared to imply an acknowledg- 
ment of imperfection among those who have faithfully 
discharged an arduous and painful duty. There are 

i. I have seen the original draught of the Report in Lord Ellen- 
borough's handwriting, and the draught of a second very elaborate 
Report by him upon a communication to the Commissioners from 
the King. After a very long commentary on the evidence of the 
witnesses, the Commissioners say that " there are no sufficient 
grounds for bringing Her Royal Highness to trial for adultery ; but 
that she hud comported herself in a manner highly unbecoming her 
rank and her character." Lord Ellenborough appears throughout 
the whole affair to have taken infinite pains to get at the truth, and 
to have been actuated by a most earnest desire to do impartial justice 
to all parties. 



LIFE OF LORD ELLENBOROUGH. 183 

cases where a sufficient vindication may be found in the CHAP. 
candid judgment of mankind, where opportunities of 
forming- an opinion not very erroneous are afforded to 
the public. Such, however, is not the situation of the 
individual who now addresses your Lordships. When 
the exculpation rests solely in the hands of the person 
accused, it becomes him, on the credit of the esteem 
and respect with which his assertion has been hitherto 
received, to employ that assertion, given in a manner 
the most solemn and impressive, for his own vindica- 
tion." 

After adverting to his reluctance to run any risk of 
making disclosures contrary to his oath as a Privy Con- 
cillor, and stating the issuing of the Commission, he 
thus proceeded : 

"In that Commission I found my name included; 
but the subject of inquiry, the intention to issue the 
Commission, and the Commission itself, were all pro- 
found secrets to me, until I was called upon to discharge 
the high and sacred duty that upon me was thus 
imposed. I felt that much was due to this command, 
and it was accompanied with some inward satisfaction 
that the integrity and zeal with which I had endeav- 
ored to discharge my public functions, had made a 
favorable impression upon the mind of my Sovereign ; 
notwithstanding which, the mode in which this com- 
mand was obeyed has been made the subject of the 
most unprincipled and abandoned slanders. It has been 
said, that after the testimony had been taken in a case 
where the most important interests were involved, the 
persons intrusted had thought fit to fabricate an un- 
authorized document, purporting to relate what was not 
given, and to suppress what was given in evidence. 
My Lords, I assert that the accusation is as false as 
hell in every part! What is there, let me ask, in the 
transactions of my past life what is there in the gen- 



184 REIGN OF GEORGE III. 

CHAP. era i complexion of my conduct, since the commence- 
ment of my public career, that should induce any man 
to venture on an assertion so audacious? That it is 
destitute of all foundation would, I trust, be believed 
even without my contradiction ; but where it originated 
or how it was circulated 1 know not. I will not trench 
on the decorum that ought to be observed in the 
proceedings of this House further than in such a case 
is necessary ; but I will give the lie to such infamous 
falsehood, and I will, to the last hour of my existence, 
maintain the truth of that which I know to be founded 
on fact. It occurred to me, my Lords, that in order to 
facilitate the proceedings, and at the same time to 
conduct them with the secrecy that was so important, 
it would be fit to select a person, in whom especial 
confidence might be reposed, for the purpose of record- 
ing the examinations, by taking down the evidence from 
the mouth of the witness in the most correct form. 
I thought that both the secrecy and accuracy required 
would be best consulted and secured by appointing 
an honorable and learned gentleman, who then held 
the office of Solicitor General, Sir Samuel Romilly. 1 
On every occasion when testimony was given, with 

I. Sir Samuel Romilly was the son of a jeweller in Frith Street, 
Westminster, and born there March I, 1757. His education was 
private and contracted ; after which he became a clerk in an attor- 
ney's office, but left that situation to study in one of the inns of court. 
In 1783 he was called to the bar ; and for several years confined his 
practice to draughts in equity. At length he rose to distinction in 
the court of chancery; and in the last administration of Mr. Fox was 
made solicitor-general, when he received the honor of knighthood. 
When the party to whom he was attached went out of office, he also 
retired ; but still continued in parliament, where he displayed great 
powers in debate. He exerted himself in endeavoring to effect a 
revision of the criminal code, with a view to the limitation of capital 
punishments to a few heinous offences ; on which subject he pub- 
lished an able pamphlet : as he also did another against the erection 
of the office of vice-chancellor. The death of this eminent man was 
melancholy. Shocked at the loss of his wife, who died of a dropsy, 
in the Isle of Wight, he became delirious, and destroyed himself, 
Nov. 2, 1818. Cooper's Bif>. Did. 



LIFE OF LORD ELLENBOROUGH. 185 

only one exception, we had the benefit of his presence; CHAP. 
but on that single occasion, whether it was that the 
commissioners lound themselves at leisure to proceed, or 
whether they were unwilling that the witnesses should 
be called upon unnecessarily to attend again, I do not 
exactly remember ; but it so happened that we deter- 
mined to pursue our inquiries without his aid, for a 
messenger who had been despatched for Sir Samuel 
Romilly returned with information that he could not 
be found. It then occurred to my noble colleagues and 
to myself that we could take down the evidence our- 
selves, and as 1 was in the particular habit of recording 
testimony (discharging, I believe, twice as much of that 
dutv as any other individual in the kingdom) it was 
resolved that on that evening I should hold the pen. I 
complied ; and I declare and make the most solemn 
asseveration (which I should be happy, were it possible, 
to confirm and verify under the sacred sanction of an 
oath), that the examination that evening taken down by 
me proceeded, in every part, from the mouth of the 
witness that the testimony, at its termination, was read 
over to the witness that the witness herself read and 
subscribed her name to the concluding sheet, as she 
had previously affixed her initials to that on which the 
evidence was commenced. Were I to advert to the 
terms in which that evidence was couched, I fear that I 
should be trenching upon the terms of the oath by 
which my duty is bound ; but thus much I may say, 
upon the character of the paper (which I wish could be 
laid before the House without provoking a discussion 
or leading to improper disclosures, that I would not for 
a thousand reasons have promulgated), that if it could 
be inspected, the strongest internal evidence would be 
found upon its face to show that it was a genuine 
production as taken from the mouth of the witness : if 
it could be consulted, many interlineations would be 



186 REIGN OF GEORGE III. 

CHAP, noticed, qualifying and altering the text according to 
the wish of the witness, and every individual reading 
it with the application of common sense, would find 
that these alterations could only have been made at the 
time the person was under examination. I do not think 
that I bestow upon myself too great a share of praise, 
when I say that I may take credit to myself at least 
for accuracy in details of this kind, and 1 will venture 
to maintain that there is not in the original document 
one word which was not uttered, approved and signed, 
after the most deliberate consideration by the witness. 

" My Lords, if I could be guilty of the negligence, 
or rather the wickedness imputed, are my noble col- 
leagues and friends so negligent or so wicked as to 
connive at a crime of such unparalleled enormity? I 
am not aware that a syllable the witness wished to add 
was omitted, and I speak from the most perfect recol- 
lection and the most decided conviction when I say, 
that the minutes made by me contained the whole of 
the evidence, and nothing but the evidence, of the per- 
son then under examination. I am not in the habit of 
making complaints against publications; but if in any 
case it were necessary, it would be more peculiarly so 
in the present, where I am charged with a crime not 
only inconsistent with the functions of the high office I 
hold, but inconsistent with the integrity that, as a man, 
I should possess. Surely, for myself and my noble 
friends, I may be allowed to insist that we anxiously 
and faithfully discharged a public duty, and 1 hope, in 
the face of the House and of the country, we shall 
stand clear of this most base and miscreant imputation. 

" I have heard it said, but the charge can only 
originate in the grossest stupidity, that we, as Com- 
missioners, misbehaved ourselves in various respects. 
Folly, my Lords, has said, that in examining the wit- 
nesses we put leading questions. The accusation is 



LIFE OF LORD ELLENBOROUGH. l8/ 

ridiculous it is almost too absurd to deserve notice. CHAP. 
In the first place, admitting the fact, can it be objected 
to a Judge that he puts leading questions? Can it be 
objected to persons in the situation of the Commis- 
sioners that they put leading questions? I have always 
understood, after some little experience, that the mean- 
ing of a leading question was this, and this only, that 
the Judge restrains an advocate who produces a wit- 
ness on one particular side of a question, and who may 
be supposed to have a leaning to that side of the ques- 
tion, from putting such interrogatories as may operate 
as an instruction to that witness how he is to reply to 
favor the party for whom he is adduced. The counsel 
on the other side, however, may put what questions he 
gjeases, and frame them as best suits his purpose, be- 
cause then the rule is changed, for there is no danger 
that the witness will be too complying. But even in a 
case where evidence is brought forward to support a 
particular fact, if the witness is obviously adverse to the 
party calling him, then again the rule does not prevail, 
and the most leading interrogatories are allowed. But 
to say that the Judge on the bench may not put what 
questions, and in what form he pleases, can only orig- 
inate in thatdulness and stupidity which is the curse of 
the age. Folly says again, that the testimony of the 
witness should have been recorded in question and 
answer. When, I ask, was it ever done? is there a 
single instance of the kind ? will the most gray-headed 
judicial character in the country show a solitary ex- 
ample of the kind? It is impossible; and undoubtedly 
the most convenient mode was for the witness to see 
his evidence in one unbroken narrative, without the 
interruption of questions composed of words which he 
never employed ft is the language of the witness and 
not of the interrogator that is required. Such accusa- 
tions are the offspring of a happy union of dulness and 



\ 



188 REIGN OF GEORGE III. 

CHAP, stupidity, aided by the most consummate impudence 
that was ever displayed. 

" It would, I confess, be a great satisfaction to my 
mind and to those of my noble colleagues, if we had 
any means, without violating sacred and indispensable 
obligations, of attesting the truth of these facts; but 
the nature of the inquiry forbids it. We cannot pro- 
duce the evidence itself; I dare not give the explana- 
tion that would set the matter for ever at rest ; and in 
the situation I hold, and under all the circumstances, 
it is impossible that the Prince Regent should be 
addressed that the original document might be laid 
before the House. 

"My Lords, this malignant and unfounded charge 
this base and nefarious calumny is one of the worst 
symptoms of the times in which we live. It shows an 
indifference in the public mind as to truth and false- 
hood ; it originates in malice and is supported by igno- 
rance ; it is tossing firebrands in all directions, leaving 
those who are in danger from the flames to escape as 
well as they can, sometimes almost by a miracle. This. 
my Lords, is one of the most hazardous attempts ; it is a 
cruel attack upon those who are unable to defend them- 
selves. We have struggled, but I hope not in vain, to 
defeat the nefarious and horrible design. 1 feel that it is 
impossible to give the accusation a more positive denial. 
1 have declared that it is false from the commencement 
to the conclusion, and I shall sit down ashamed that it 
has been necessary for me to say anything : I feel 
almost ashamed that any vindication was required. I 
do not say that I am personally indifferent on a ques- 
tion of such undoubted magnitude ; but if it regarded 
myself only, I could be well content to leave such de- 
graded calumnies to their own refutation. I was called 
upon to discharge a public duty ; that duty I assert 1 
discharged faithfully ; and that I took down the depo- 



LIFE OF LORD ELLENBOROUGH. 189 

sitions fairly, fully, and honestly, I protest on my most CHAP. 
solemn word and asseveration. I have spoken merely 
to vindicate myself and my colleagues. That vindica- 
tion I trust is complete. We only wish to stand well in 
the opinion of our country as honest men who have 
faithfully discharged a great and painful duty ; and let 
it be recollected, that having no means of resorting to 
proof, we are compelled to rest our exculpation on a 
flat, positive, and complete denial." ' 

All candid men believed that the investigation had 
been carried on with perfect fairness, but the violence 
of the noble and learned Lord's vindication was re- 
gretted, and many questioned the soundness of his posi- 
tions as to the unlimited right of a Judge to put lead- 
ing questions, and still more denied that in such an in- 
quiry it was proper to give only the substance of the 
evidence of the witnesses, compounding questions and 
answers, instead of writing down the questions and the 
answers at full length, so as to obviate the possibility of 
misrepresentation or mistake. 

For several Sessions following, Lord Ellenborough 
took no part in debate upon any political subject, and 
confined his efforts in the House of Lords to a strenu- 
ous opposition to Bills for amending either the civil or 
criminal law, all which he denounced as Jacobinical 
and Revolutionary. 

In 1816 he zealously supported the severe Alien IIth j une) 
Bill which ministers still considered necessary after the l8 ' 6 ' 
return of peace ; and, to show that at common law the 
King has a right by the royal prerogative to send all 
aliens out of the kingdom, he cited a petition of the 
merchants of London in the reign of Edward I., pray- 
ing that monarch to do so. On a subsequent evening 
Earl Grey ventured to question the bearing of this 

i. 25 Parl. Deb. 207. 



190 REIGN OF GEORGE III. 

CHAP, precedent, which, he said, had been brought forward 
in " the proud display of a noble and learned Lord." 

Lord Ellcnboroitgli. " I rise, my Lords, to repel with 
indignation the base and calumnious imputation against 
me by the noble Earl, of having falsified a document, 
namely, the Petition of the City of London to Edward 
I. I hold in my hand a copy of that document, and 
its contents will show how unjustly I have been at- 
tacked." 

Having read it in a loud and angry voice, he added 
in a very softened tone as he was about to resume his 
seat : 

" I thought it due, my Lords, to my own character 
to make this explanation, and I trust that I liai : e done it 
without any asperity of language. [A loud laugh from 
both sides of the House.] That laugh awakens a senti- 
ment in my mind which I will not express. All I shall 
say is, that a man who is capable of patiently enduring 
the imputation ol having falsified a document is capable 
of that atrocity." ' 

Lord Ellenborough's last speech in the House of 
Lords was on the I2th of May, 1817, in opposition to 
Lord Grey's motion for a censure on Lord Sidmouth's 
circular letter, inviting all the magistrates of England 
to interfere for the purpose of putting down seditious 
publications, and telling them that it was their duty to 
imprison all the authors and vendors who could not 
give bail for their appearance at Quarter Sessions to 
answer indictments against them. Recollecting that 
he owed his promotion as Attorney General and as 
Chief Justice to the Home Secretary, who was now 
accused, and who was generally supposed to have 
been guilty of a great indiscretion, if not of an illegal 
stretch of authority, he redeemed the pledge he had 
given in these words, " I am yours, and let the storm 
I. 34 Parl. Deb. 1069-1143. 



LIFE OF LORD ELLENBOROUGH. 191 

blow from what quarter of the hemisphere it may, you CRAP. 
shall always find me at your side." The noble and 
learned Lord now delivered a very long and elaborate 
argument to prove that, by the common law of Eng- 
land, Justices of the Peace have power to hold to bail 
in cases of libel. This was answered by Lord Erskine, 
who insisted that the assumed power was an entire 
novelty and a dangerous usurpation. The Lords, per- 
suaded by the learning and eloquence of the Chief 
Justice, or blindly determined to support the Govern- 
ment, rejected the motion by a majority of 75 to 19.' 
After the permanent insanity of George III. and 



the establishment of the Regency, Lord Ellenborouffh member of 

1 " the Queen s 

was a member of the Queen's Council, to assist her in Council . as 

Custodian 

the custody and care of the King's person. In this ofth 
capacity he had a daily report sent to him in a red box, son during 
which was handed up to him on the bench, and he fre-gency. 
quently attended meetings of the Council at Windsor. 
Having been absent from one of these, he received the 
following letter from Lord Eldon, which gives an inter- 
esting account of the afflicted monarch and his family 
during this calamity : 

"(Confidential.) 

" MY DEAR LORD, 

" The Archbishop being from town, I trouble 
you with a sketch of yesterday's proceedings at Wind- 
sor, your absence from which 1 greatly lamented, es- 
pecially as the King wished to see you, and you would 
have been glad to see him. 

" We had good and bad. Upon our arrival we re- 
ceived the daily account signed by all the doctors and 
Dundas. You must see that, it being by far the best 
account we have ever had. They state, I think, that 
no delusions had been betrayed for three days, Bott, 

i. 36 Parl. Deb. 445-516. 



192 REIGN OF GEORGE III. 

CHAP, the page, said none since Tuesday. They stated that, 
if the schemes and plans remained, they remained in a 
less degree than they had been before observed to 
exist ; and they unanimously recommended that the 
King should have greater freedom and liberties, and 
more of communication with others than had been 
allowed him that this would try the solidity, and 
enable them to judge of the permanence of his im- 
proved state. 

" I then desired them, by a written question, to 
specify in writing what they recommended, and not to 
leave us to judge of what was to be done under their 
general recommendation. 

"They recommended then in writing unani- 
mously : 

" i. That Colonel Taylor 1 should be with the King, 
his intercourse limited in degree, that is, as I under- 
stand it, by their prudence. 

" 2. That the King's chaplain should read the daily 
prayers in his room, not his chapel. 

" 3. That Lord Arden, Lord St. Helens, and others 
of that description, should visit and walk with him. 

"4. That he should have his keys restored to him. 

" Whilst they were consulting on these measures, 
the Dukes of York 3 and Kent 3 came to the Council, as 

1. Sir Herbert Taylor, an English general, horn in 1775- He was 
private secretary to the Duke of York, and to George III. Died in 
1839. Thomas' Siog. Diet. 

2. Frederick Augustus, Duke of York (h. 1763, d. 1827), was the 
second son of George III., and, as early as his elder brother, broke 
away from the rigid discipline by which their parents fondly hoped 
to preserve them from the evils of the world. At the age of twenty- 
one he was created Duke of York and Albany, and Earl of Ulster. 
But already in his third year he had been elevated by his father to 
the half-secularized bishopric of Osnabrtick. In 1791 he married 
Charlotte, eldest daughter of Frederick William, King of Prussia, 
when his income was increased by a vote of .30,000 per annum. In 



3. See note I, on next page. 



LIKE OF LORD ELLENBOROUCiH. IQ3 

r believed, by the Queen's desire, to represent that CHAP. 
their walk had been very uncomfortable ; that the 
King betrayed no delusion, but that he was very, very 
full of plans and schemes, much more so than he had 
lately been to the Duke of York, and that they were 
particularly alarmed at his conversation about having 
his kevs. I should here tell you that the Queen sent 
for me immediately upon my arrival at Windsor, and, 
in a conversation I had with her Majesty and the 
Princess Augusta, expressed great apprehensions about 
the keys, both representing great improvement in the 
King. I found that this subject had been mentioned 
on Wednesday to the Council then at Windsor, and that 
the King had learnt that it was under their considera- 
tion. The Dukes also stated that the King's conver- 
sation was hurried, and did not admit of their saying 

1793 he was placed in command of an expedition to the Netherlands, 
to act with the Prince of Saxe-Coburg against France. Though 
giving some proof of personal gallantry, he soon made it clear that 
his royal birth was his only qualification for command. Fortunately 
for England the duke became disgusted at his want cf success, and 
retreated, leaving Abercromby in command. As a reward for the 
military ability displayed in this campaign, he was in 1795 appointed 
Commander-in-chief of the Forces, and in 1799 was again entrusted 
with the command of an expedition to the Low Countries, in which, 
however, the only successes gained were due to Abercromby. The 
campaign finally ended in a disgraceful convention with the French. 
The duke was compelled to resign his office because of the shameful 
disclosures as to the way in which he allowed his mistress, Mrs. 
Clarke, to influence the military appointments, but was later restored 
to his old office under his brother's regency. His last act in public 
life was a most violent speech in the House of Lords against Catholic 
Emancipation in 1826. In the following January he died. Diet, of 
Eng. Hist. 

I. Edward, Duke of Kent, father of Victoria, Queen of Great 
Hritain, and the fourth son of George III., was born in 1767. He 
studied at Gottingen and Geneva. In 1790 he entered the army, and 
three years later assisted in the capture of Saint Lucia. In 1796 he 
was appointed lieutenant-peneral, and in 1799 was created Duke of 
Kent and Strathern and Earl of Dublin. In 1802 he became Governor 
of Gibraltar ; but, his rigid discipline producing a mutiny, he was 
soon after recalled. In 1818 he married a daughter of the Duke of 
Saxe-Coburg. The Duke of Kent was a liberal patron of benevolent 
enterprises. He died in 1820. Thomas' Biog. Diet. 



194 REIGN OF GEORGE III. 

CHAP. one W ord. This was all delivered by the Dukes them- 
selves to Dr. Halford, 1 and afterwards to us, and by 

I. Sir Henry Halford (1766-1844) physician, was second son of 
Dr. James Vaughan, a successful physician of Leicester, who devoted 
his whole income to educating his seven sons, of whom John became 
judge of the court of common pleas, Peter, Dean of Chester, and 
Charles Richard, envoy extraordinary to the United States. The 
sixth son, Edward Thomas, was father of Dean Vaughan, master of 
the Temple. Henry, born at Leicester on Oct. zd, 1766, entered at 
Christ Church, Oxford, and graduated B.A. in 1788 and M.D. in 
1791. After studying some time at Edinburgh he settled in 
London, having borrowed iooo/. on his own security. His good 
manners and learning soon made him friends, and he was elected 
physician to the Middlesex Hospital in 1793, and Fellow of the Royal 
College of Physicians in 1794, having been appointed physician 
extraordinary to the King in the previous year. In March, 1795, he 
married Elizabeth Barbara, the third daughter of Lord St. John, and 
by 1800 his practice had so greatly increased that he gave up his 
hospital appointment. He inherited a large property on the death 
of Lady Denbigh, widow of his mother's cousin, Sir Charles Halford, 
seventh baronet, and subsequently changed his name from Vaughan 
to Halford by act of parliament in 1809. George III., who had a 
strong liking for him, created him a baronet in the same year, and 
he subsequently attended George IV., William IV., and Queen 
Victoria. For many years after Dr. Matthew Baillie's death he was 
indisputably at the head of London practice. He was president of 
the College of Physicians from 1820 till his death, an unbroken tenure 
which was by no means favorable to reform and progress ; but he 
was largely instrumental in securing the removal of the college in 
1825 from Warwick Lane to Pall Mall East. He was made K.C.H 
on this occasion and G.C.H. by William IV. He died on March 9, 
1844, and was buried in the parish church of Wistow, Leicestershire. 
His bust by Chantrey was presented to the College of Physicians by 
a number of the fellows. His portrait by Sir Thomas Lawrence is 
at Wistow. He left one son, Henry, who succeeded to the title, 
and one daughter. Halford was a good practical physician with 
quick perception and sound judgment, but he depreciated physical 
examination of patients, knew little of pathology and disliked inno- 
vation. His courtly, formal manners and his aristocratic connection 
served him well. His chief publications were first given as addresses 
to the College of Physicians, his subjects being such as "The 
Climacteric Disease," "Tic Douloureux," " Shakspeare's Test of 
Insanity " (" Hamlet," Act III., Scene 4), " The Influence of some of 
the Diseases of the Body on the Mind," "Gout," "The Deaths of 
some Illustrious Persons of Antiquity," etc. Halford is described by 
J. F. Clarke (Autobiographical Recollections) as vain, cringing to 
superiors, and haughty to inferiors. James Wardrop, surgeon to 
George IV., termed him "the eel-backed baronet." Some charges 
of unprofessional conduct are made against him by Clarke, who 



LIFE OF LORD ELLENBOROUGII. 195 

the Council it was all delivered in charge to all the 
physicians for their serious consideration. 

" In the meantime, the Master of the Rolls and I 
went to the King;, he having himself desired to see you 
and us. His manner to me was much kinder, and he 
had in the course of a week observed to Willis 1 that 
he thought me entitled to a belief on his part that I 
was right in what I had done, though he could not 
make it out how I could be so, and why I had not 
resigned the Seal. Willis had told him that I could 

o 

not resign the Seal, that his Majesty was not well 
enough to accept it on resignation, and that the Prince, 
till he was Regent, could not have it offered to him, 
and that therefore it could not be resigned till the act 
his Majesty blamed on my part was done. He ex- 
pressed surprise he had not adverted to this himself. 
The Queen or Princess Augusta 2 had told me that he 

further states that when Charles I.'s coffin was opened in 1813 he 
obtained possession of a. portion of the fourth cervical vertebra, 
which had been cut through by the axe, and used to show it at his 
dinner table as a curiosity. This may be held to be confirmed by 
Halford's minute description of this bone in his "Account." Hal- 
ford published : I. " An account of what appeared on opening the 
Coffin of King Charles I." 410, 1813. 2. " Essays and Orations de- 
livered at the Royal College of Physicians," 1831 ; 3d edition, 1842. 
3. " Nugae Metrics," English and Latin, 1842, besides several 
separate addresses and orations. Nat. Kiog. Did. 

1. Francis Willis, an eminent English physician, born in Lincoln- 
shire about 1720. Me studied at Brazennose College, Oxford, and 
in 1740 entered holy orders ; but he subsequently devoted himself to 
the study of medicine particularly mental diseases. He attended 
King George III. during his attack of insanity, and his successful 
treatment of his case procured for him a high reputation. He 
founded an establishment for the insane at Greatford, in Lincoln- 
shire, where his labors were attended with extraordinary success. 
His personal influence over his patients is said to have been wonder- 
ful. Died in 1807. 

2. Augusta Sophia (1768-1840), princess, daughter of George III. 
and his sixth child, was born at Buckingham House, London, Nov. 
8th, 1768. The public reception on her birth took place on Sunday, 
Nov. 13, when two young girls, discovered carrying away the cups 
in which their caudle had been served, and secreting cake, were 
reprimanded on their knees (" George III., his Court and Family," 



196 REIGN OF GEORGE III. 

CHAP, studiously called me Lord Eldon, and not Chancellor, 
or to that effect, and that he had told his family that 
when you and Grant and I were with him, he had been 
as reserved as he could towards me, and had avoided 
calling me Chancellor, but that he was in good humor 
again. Both Grant and 1 thought him so: his conver- 
sation was calm, quiet, connected, admitting of free 
conversation on our part, all the subjects good, the 
whole manner right. I think Grant will tell you we 
left the room sunk with grief that there could be any- 
thing wrong where all appeared so right. He said not 
a syllable, however, of himself, his situation, or his 
plans, and we understood it to be his determination not 
to make any request of any kind, of anybody, respect- 
ing himself. Upon our return at the end of three- 
quarters of an hour's visit, which concluded in a 
dignified bow upon Willis's coming in, and a kind 

vol. I., p. 317). Princess Augusta is several times mentioned in 
Mme. d'Arblay's diary ; she was sprightly enough in her manner to 
endure considerable banter from " Mr. Turbulent" March 1st, 1787, 
and to be called " la Coquette corrigee " by him, on her supposed 
attachment to the Prince Royal of Denmark, then visiting at the 
castle (ibid., pp. 281, ft st-y.); She was partner to her brother, the 
Duke of York, in the historical country dance on the evening of the 
day, June I, 1789, when the duke had fought the duel with Colonel 
Lennox, and the Prince of Wales had resented the colonel's presence 
amongst his sisters by breaking up the ball ("Annual Register," 
1827, p. 438). She accompanied the king and queen later in the 
month to Weymouth, joining in the chorus of "God save the King" 
at Lyndhurst (" Diary of Royal Tour," 1789). In 1810 she was in 
attendance on her father, helping him to take exercise at Windsor. 
In 1816, May 2, she was at Carlton House at the marriage of her 
niece, the Princess Charlotte. In May, 1818, she gave so/, to the 
National Society for the Education of the Poor. On July 15, 1819, 
she played and sang some of her own musical compositions to Mme. 
d'Arblay (Diary, vol. VII., p. 270). In 1820 she was again at Windsor 
attending to her father, whose death in that year was the occasion 
of her being supplied with residences of her own at Frogmore, and 
at Clarence House, St. James's. In this position of head of an 
establishment the princess showed the same pleasantness and 
patience she had shown in her parents' homes ; and died at Clarence 
House, Sept. 22, 1840, in her -2(1 year ("Annual Register," 1840,. 
p. 176). She was buried at Windsor Oct. 2. Nat. Biog. Diet. 



LIFE OF LORD ELLENEOROUGH. 197 

speech towards me as Chancellor, we found that the CHAP. 
doctors were ready with their written paper (which 
you must see), stating that, upon full consideration of all 
circumstances, they still recommended the measures 
before mentioned, including the restoration of tlie keys. 

" We were much puzzled, but we all agreed that we 
could not venture to control the doctors' unanimous 
and deliberate advice. 

" We, therefore, in a written paper, advised the 
Queen to restore the keys ; in that paper stating (for 
her sake) that she had hitherto retained them under 
our advice ; and in another paper we directed the 
physicians, if any improper use of the keys was at- 
tempted, to interpose to prevent it, and inform the 
Council of the occurrence. This was necessary, as the 
keys open presses in which there are papers of con- 
sequence, and, it is understood, jewels of value. Tay- 
lor's attendance is to see that nobody sees any papers 
but the King, T. being acquainted with them all ; and 
he has orders not to obey any orders either about pa- 
pers, jewels, or other things. Willis and Bott expressed 
the utmost confidence that the King would do nothing 
wrong with his keys. Bott stated that he could not 
have answered for that a week ago, but all thought the 
recovery going on very rapidly. 

" The prayers were to be said in the private room, 
because the physicians wished that the King should not 
yet go to the chapel, which is up stairs, as that step would 
lead him to think that he was to be up stairs as much as 
he wished. We desired that a particular account might 
be sent us to-day of the effect of all this, which you will 
receive in the course of circulation. I have detailed 
this as accurately as I can remember it, because it's 
natural you should know it, and because it tends to 
show, I think, that attendance at meetings becomes now 
of much importance. One of the doctors observed to 



198 REIGN OF GEORGE III. 

CHAP. the ) o f M that, in all this illness, much of improper 
communication as the King had made, he had never 
said a syllable upon, state matters. This, I believe, was 
Baillie. 1 

" In our papers of yesterday, which upon the Arch- 
bishop's return you should see, we noticed your absence, 
as we did the Duke of Montrose's 2 formerly, that, if we 

1. Matthew Baillie, a celebrated physician and anatomist, born in 
Lanarkshire, Scotland, in 1761, was a brother of Joanna Baillie. He 
studied at the University of Glasgow, where his father, the Rev. 
James Baillie, was professor of divinity. Through the influence of 
his maternal uncle, the eminent anatomist William Hunter, he ap- 
plied himself to the study of medicine at Oxford, where he graduated 
in 1789, and soon after was made a member of the College of Physi- 
cians. In 1783 he succeeded Hunter as lecturer on anatomy. He 
became physician to George III. and the royal family about 1810, and 
acquired a very extensive practice in London. He was distinguished 
for his skill in diagnosis. His " Morbid Anatomy of some of the 
most Important Parts of the Human Body" (1793) is esteemed a 
standard work, and has been translated into German, French, and 
Italian. He also wrote " Lectures and Observations on Medicine," 
(1825.) He died in 1823, bequeathing to the College of Physicians 
his medical library and anatomical collection. Thomas' Biog. Diet. 

2. "James Graham, third Duke of Montrose (1755-1836), born 
Sept. 8, 1755, was eldest son of William, second Duke of Montrose. 
Educated at Trinity College, Cambridge, he proceeded M.A. jure 
natalium in 1775. On Sept. II, 1780, he was elected M.P. for Rich- 
mond in Yorkshire, and sat for Great Bedwin in Wiltshire in the 
parliaments of 1784 and 1790. He joined Pitt's administration in 
December, 1783, as a lord of the treasury, and held the post until April 
8, 1789. He opposed Fox's East India Bill in 1783, proposed Ad- 
dington (afterwards Viscount Sidmonth) as speaker on May 8, 1789, 
and at the end of the same year moved the address on the Spanish 
convention. From Aug. 6, 1789, until February, 1791, he was pay- 
master general of the forces, jointly with Lord Mulgrave. On Aug. 
8, 1789, he became vice-president of the board of trade and a member 
of the privy council. On his father's death (Sept. 2.-;, 1790) he suc- 
ceeded to the dukedom. From Dec. 7, 1790, till 1795 he was master 
of the horse ; served as commissioner for the affairs of India May 16, 
1791, until Oct. 22, 1803, and was lord justice general of Scotland 
from Jan. 14, 1795, until his death, when the office was amalgamated 
with that of lord president of the court of session. In 1803 he moved 
the address of the House of Lords to the King on his escape from the 
conspiracy of Colonel E. M. Despard. He was president of the 
board of trade, under Pitt, from June 7, 1804, until the change of 
administration on gilt's death in February, 1806, and for the most of 
that time was also joint postmaster general. In 1805 he voted for 



LIFE OF LORD ELLENBOROUGH. 199 

are blamable, it may be recorded that you are not so. CHAP. 
I have communicated these matters to the Prince last 
night, who was very good-humored and reasonable 
upon them. 

" Yours, my dear Lord, 

"ELDON." 

When this letter was written Lord Eldon had not 
really been taken into favor by the Regent, and, on the 
contrary, he expected to be speedily turned out of 
office. He therefore still clung with tenacity to the 
forlorn hope of the King's recovery, and he was ex- 
ceedingly anxious to have Lord Ellenborough's co- 
operation in case there should appear to be any ground 
for restoring his Majesty to the throne. But the Regent 
soon after having for ever renounced " his early friends," 
Lord Eldon changed his tactics, and encouraged the 
belief that the King was incurably mad. Lord Ellen- 
borough appears to have refused always to join in any 
of these intrigues, and to have been only solicitous that 
the truth should be disclosed, and that justice should 
be done to the King, to the Prince, and to the Nation. 1 

Lord Melville's acquittal. Under the Duke of Portland he again 
became (April 4, 1807) master of the horse, and held the office until 
his resignation in 1830; was lord chamberlain, in succession to the 
Marquis of Hertford, from December, 1821, to May, 1827, and from 
Feb. 18, 1828, to July 15, 1830. Montrose was chancellor of the 
university of Glasgow from December, 1780, until his death ; was 
lord lieutenant of the counties of Stirling and Dumbarton ; and was 
knight of the order of the Thistle from June 14, 1793, until March 26, 
1812, when he was made a knight of the Garter. A disparaging 
estimate of his character and abilities is to be found in the ' Greville 
Memoirs.' He obtained for the highlanders permission to resume 
the national dress, which had long been prohibited by law. He 
married, on Feb. 22, 1785, Jemima Elizabeth, daughter of John, 
second Earl of Ashburnham, and had by her an only son, who died 
in infancy. He married again, on July 24, 1790, Caroline Maria, 
daughter of George, fourth Duke of Manchester, by whom he had 
two sons and five daughters. He died at his mansion in Grosvenor 
Square on Dec. 30, 1836, and was buried in the mausoleum of the 
Earls of Montrose at Aberuthven in Perthshire." JVat. Biog. Diet. 
i. See Lives of Chancellors, ch. 201. 



2OO REIGN OF GEORGE III. 



CHAPTER LI. 

CONCLUSION OF THE LIFE OF LORD ELLENBOROUGH. 

CHAP. I HAVE now only to mention some criminal cases 

A.D.VsV which arose before Lord Ellenborough in his later years. 

Triliot l these the most remarl< able was Lord Cochrane's, as 

this drew upon the Chief Justice a considerable degree 

of public obloquy, and causing very uneasy reflections in 

his own mind, was supposed to have hastened his end. 

In the whole of the proceedings connected with it he 

was no doubt actuated by an ardent desire to do what 

was right, but, in some stages of it, his zeal to punish 

one whom he regarded as a splendid delinquent, carried 

him beyond the limits of mercy and of justice. 

A.D. 1814. Lord Cochrane ' (since Earl of Dundonald) was one 

I. Thomas Cochrane, tenth Earl of Dundonald, son of Archibald, 
was born at Annsfield, Lanarkshire, Dec. 14, 1775. In conse- 
quence of his father having impoverished himself through his 
devotion to scientific pursuits, the son, although heir to a peerage, 
had to start in life with no other expectations than those arising from 
his own exertions. When in his eighteenth year he entered the na vv, 
and displayed such valor that in course of time he was placed in 
command of a vessel, and decorated with the order of the Bath. In 
the intervals which he passed on shore he became M. P., first for 
Honiton and afterwards for Westminster ; but by persistently calling 
attention to the abuses which then disgraced the navy, he rendered 
himself highly obnoxious to the government, which seized the earliest 
opportunity of putting him to silence. In 1814 a rumor was spread 
that Napoleon had fallen, in consequence of which the Funds sud- 
denly rose, and Lord Cochrane and some friends of his sold out to a 
large amount. The news, however, proved false ; and as the chief 
actor in the fraud was known to have changed his dress at Lord 
Cochrane's, suspicion naturally fell upon his lordship, who, being 
brought to trial, and found guilty, was sentenced to pay a fine of 
looo/, to undergo a year's imprisonment, and to stand in the 



LIFE OF LORD ELLENBOROUGH. 2OI 

of the most gallant officers in the English navy, and 
had gained the most brilliant reputation in a succes- 
sion of naval engagements against the French. Unfor- 
tunately for him, he likewise wished to distinguish 
himself in politics, and, taking the Radical line, he was 
returned to parliament for the city of Westminster. 
He was a determined opponent of Lord Liverpool's 1 ad- 

pillory. He was also deprived of the order of the Bath and his 
rank in the navy, and expelled from the House of Commons. One 
part of the sentence, however that relating to the pillory was 
remitted. The electors of Westminster again chose him as their 
representative, and, breaking out of prison, he took his seat in the 
House, but was recaptured, and his constituents were consequently 
deprived of his services until the expiration of his sentence. In 
1818 he went abroad, and served with distinction in various foreign 
navies. When the Whigs came into power in 1830 his rank in the 
British navy was restored to him, and in the following year he suc- 
ceeded his father as Earl of Dundonald. He now continued to obtain 
promotion in his profession, until, in 1854, he attained the rank of 
rear-admiral. Died Oct. 30, 1860. He enjoyed a high reputation for 
his scientific acquirements, and was the author of a pamphlet 
entitled, "Observations on Naval Affairs" and on some collateral 
subjects ; as well as of two interesting volumes of Autobiography. 
Cooper' s Biog. Diet. 

I. Robert Banks Jenkinson, second Earl of Liverpool (born 1770. 
died 1828), son of the first earl, was educated at the Charterhouse 
and Christ Church, Oxford, where he was the contemporary and 
friend of Canning. He entered political life under Pitt's auspices, 
and was returned for Rye before he had attained his majority. On 
his father being created Earl of Liverpool, he became, in 1796, Lord 
Hawkesbury. In the Addington ministry he was Foreign Secretary, 
and had charge of the negotiations which ended in the Treaty of 
Amiens ; but when Pitt returned to office, in 1804, Lord Hawkesbury 
went to the Home Office. On Pitt's death, the king earnestly wished 
him to become Premier, but he very wisely declined the troublesome 
office, as he did also on the fall of Lord Grenville's ministry, in 
1807, contenting himself with being Home Secretary. On Perceval's 
assassination, he imprudently yielded to the urgency of the Prince 
Regent and became Premier. He at once became the object of 
popular hatred by his opposition to reform, especially in the shape 
of Catholic Emancipation, and the adoption of arbitrary coercion to 
suppress the violent discontent, which gathered head during the 
period of his ministry. His unpopularity was still further increased 
by his introduction of a bill of pains and penalties against Queen 
Caroline, which he afterwards withdrew. He was struck down by 
paralysis in 1827, and died after lingering in a state of imbecility for 
nearly two years. It has been said of him that " his talents were far 



2O2 REIGN OF GEORGE III. 

C V.t P ' ministration, and at popular meetings was in the habit 
of delivering harangues of rather a seditious aspect, 
which induced Lord Ellenborough to believe that he 
seriously meant to abet rebellion, and that he was a 
dangerous character. But the gallant officer really 
was a loyal subject, as well as enthusiastically zealous for 
the glory of his country. He had an uncle named 
Cochrane, a merchant, and a very unprincipled man, 
who, towards the end of the war, in concert with 
De Berengcr, 1 a foreigner, wickedly devised a scheme by 

inferior to his virtues ; and he is entitled to respect, but not to 
admiration. In honesty, as a minister, he has never been surpassed ; 
in prejudices, he has rarely been equalled." Diet, of Eng. Hist. 

I. "Toward the end of 1813 Cochrane's uncle, Sir Alexander 
Forrester Inglis Cochrane, was appointed to the command-in-chief 
on the North American station, and went out in a frigate, leaving 
his flagship, the Tonnant, to be equipped and brought out by his 
nephew, who was nominated his flag captain. While engaged in 
fitting out the Tonnant, Cochrane became acquainted with a Captain 
de Berenger, a French refugee and officer in one of the foreign regi- 
ments, who was recommended to him as a skilled rifle instructor and 
pyrotechnist, in which capacities he was anxious to secure his ser- 
vices for the Tonnant. There is no reason to doubt that de Kerenger 
was fully qualified for this post ; but he was also gifted with an 
unscrupulous impudence. On Feb. 20, 1814, while at Dover, he sent 
word to the admiral at Deal (whence the news was brought to 
London) that he was Lord Cathcart's aide-de-camp, and was the 
bearer of intelligence from Paris to the effect that Bonaparte had 
been killed, that the allies were in full march on Paris, and that 
immediate peace was certain. The Funds rose suddenly, and then 
fell heavily; out of the fluctuation one of Cochrane's uncles, who 
had taken the name of Johnstone, netted, it was said, a very large 
sum. De Berenger meanwhile posted up to London, took a hackney 
coach and drove to Cochrane's house in Green Street, changing his 
dress on the way from the scarlet coat of a staff officer to his own green 
coat of a rifleman, and in Green Street again changing into plain 
clothes which he borrowed from Cochrane. He was traced to Green 
Street, and Cochrane thus learning that he was the perpetrator of 
the swindle, gave information that led to his arrest. De Berengcr, 
Johnstone, and with them Cochrane were thus all apprehended and 
brought to trial. The case of Cochrane, who knew absolutely 
nothing of the affair, was mixed up with that of the others, who 
were undoubtedly guilty; all were convicted, and Cochrane was sen- 
tenced to pay a fine of .1,000, to stand in the pillory for an hour, and 
to be imprisoned in the King's Bench Prison for a year. The stand- 
ing in the pillory was remitted, probably because Sir Francis Bur- 



LIFE OF LORD ELLENBOKOUGH. 203 

\v Inch they were to make an immense fortune by a specu- CHAP. 
lation on the Stock Exchange. For this purpose they 
were to cause a sudden rise in the Funds, by spreading 
false intelligence that a preliminary treaty of peace 
had actually been signed between England and France. 
Everything succeeded to their wishes ; the intelligence 
was believed, the Funds rose, and they sold on time 
bargains many hundred thousands of 3 per cents, before 
the truth was discovered. It so happened that Lord 
Cochrane was then in London, was living in his uncle's 
house, and was much in his company, but there is now 
good reason to believe that he was not at all implicated 
in the nefarious scheme. However, when the fraud 
was detected partly from a belief of his complicity, 
and partly from political spite, he was included in the 
indictment preferred for the conspiracy to defraud the 
Stock Exchange. 

The trial coming on before Lord Ellenborough, the 
noble and learned Judge, being himself persuaded of 
the guilt of all the defendants, used his best endeavors 
that they should all be convicted. He refused to ad- 
journ the trial at the close of the prosecutors' case 
about nine in the evening, when the trial had lasted 
twelve hours, and the Jury as well as the defendants' 
counsel were all completely exhausted, and all prayed 
for an adjournment. The following day, in summing 
up, prompted no doubt by the conclusion of his own 
mind, he laid special emphasis on every circumstance 
which might raise a suspicion against Lord Cochrane, 
and elaborately explained away whatever at first sight 
appeared favorable to the gallant officer. In conse- 

dett, his fellow-member for Westminster, avowed his intention of 
standing with him, and the government feared a riot ; but his name 
was struck off the list of the navy (June 25) ; he was expelled from 
the House of Commons (July 5) ; and, with every possible indignity, 
from the number of knights of the Bath." Nat. Biog. Diet. s. n. 
Cochrane. 



2O4 REIGN OF GEORGE III. 

CHAP. q U ence the Jury found a verdict of GUILTY against all 
the defendants. 

Next term Lord Cochrane presented himself in 
Court to move for a new trial, but the other defendants 
convicted along with him did not attend. He said 
truly that he had no power or influence to obtain 
their attendance, and urged that his application was 
founded on circumstances peculiar to his own case. 
But Lord Ellenborough would not hear him, because 
the other defendants were not present. 1 Such a rule 
had before been laid down, but it is palpably contrary 
to the first principles of justice, and it ought immedi- 
ately to have been reversed. 

Lord Cochrane was thus deprived of all opportunity 
of showing that the verdict against him was wrong, and 
in addition to fine and imprisonment, he was sentenced 
to stand in. the pillory. Although as yet he was gener- 
ally believed to be guilty, the award of this degrading 
and infamous punishment upon a young nobleman, a 
member of the House of Commons, and a distinguished 
naval officer, raised universal sympathy in his favor. 
The Judge was proportionably blamed, not only by the 
vulgar, but by men of education on both sides in poli- 
tics and he found upon entering society and appearing 
in the House of Lords that he was looked upon coldly. 
Having now some misgivings himself as to the propri- 
ety of his conduct in this affair, he became very 
wretched. Nor was the agitation allowed to drop 
during the remainder of Lord Ellenborough's life, for 
Lord Cochrane, being expelled the House of Commons, 
was immediately re-elected for Westminster; having 
escaped from the prison in which he was confined 
under his sentence, he appeared in the House of Com- 
mons ; in obedience to the public voice, the part of his 
sentence by which he was to stand in the pillory was 
I. 3 Maule and Selwyn, 10, 67. 



LIFE OF LORD ELLENBOROUGH. 205 

remitted by the Crown ; and a Bill was introduced into c "^ p - 
parliament altogether to abolish the pillory as a pun- 
ishment, on account of the manner in which the power 
of inflicting it had been recently abused. It was said 
that these matters preyed deeply on Lord Ellen- 
borough's mind and affected his health. Thenceforth 
he certainly seemed to have lost the gaiety of heart 
for which he had formerly been remarkable. 1 

In Trinity Term, 1817, there came on at the King's Trial of 
Bench bar the memorable trial of Dr. James Watson for high 50 ' 
for high treason, when the Chief Justice exerted him- tr( 
self greatly beyond his strength, having to contend 
with the eccentric exuberance of Sir Charles Wether- 
ell, 2 greatly piqued against the Government because, 
though a steady Tory, he had been passed over when 
he expected to have been appointed Solicitor General, 
and with the luminous energy of Sergeant Copley, 
who on this occasion gained the reputation which in 
rapid succession made him, with universal applause, 
Chief Justice of Chester, Solicitor and Attorney Gen- 
eral, Master of the Rolls, Lord Chancellor, and Baron 
Lyndhurst. 3 These two distinguished advocates, cor- 

1. Many years afterwards, Lord Cochrane's case being reconsid- 
ered, he was restored to his rank in the navy, he was entrusted with 
an important naval command, and eulogies upon his services and 
upon his character were pronounced by Lord Brougham and other 
Peers. 

2. Sir Charles Wetherell, an English lawyer, born in 1770, was a 
son of the Uean of Hereford. He was called to the bar in 1794, and 
acquired extensive practice in the court of chancery. Though he 
was an ultra Tory and was king's counsel, he defended the Spafield 
rioters, who were tried for treason in 1817. In 1820 he was returned 
to parliament for Oxford. He became solicitor general in 1824, and 
attorney general in 1826. Having resigned in 1727, he was reap- 
pointed in 1828, but retired from office in 1829. because he was op- 
posed to the Roman Catholic emancipation. By his hostility to the 
Reform bill he rendered himself so unpopular that he was attacked 
by a mob at Bristol in 1831, and narrowly escaped death. Died in 
1846. Thomas' Biog. Diet. 

3. Lord Castlereagh was sitting on the Bench during the trial, 
and expressing great admiration of his Whig-Radical eloquence, is 



206 REIGN OF GEORGE III. 

dially concurring in the tender of their services, were 
assigned as counsel for the prisoner, and struggled 
with unsurpassed zeal in his defence. Conscientiously 
believing that the insurrection in which Watson had 
been engaged was planned by him for the purpose 
of overturning the Monarchy, the venerable Judge was 
honestly desirous of obtaining a conviction. But, 
quantum mntatus ab illo he presented only a ghost-like 
resemblance of his former mighty self. When Sir 
Charles Wetherell described Castle, the accomplice, the 
principal witness for the Crown, as " an indescribable 
villain" and "a bawdy-house bully," the enfeebled Chief 
Justice exclaimed that " terms so peculiarly coarse 
might have been spared out of regard to the decorum 
of the Court," and he animadverted severely upon some 
of the gesticulations of the same irrepressible counsel, 
threatening to proceed to a painful act of authority if 
the offence were repeated ; but the deep, impressive 
tones and the heart-stirring thoughts with which from 
the bench he used to create awe and to carry along with 
him the sympathies of the audience were gone ; and, 
notwithstanding formidable proofs to make out a case 
of treason, an acquittal was early anticipated. 

The trial having lasted seven long days, the Chief 
Justice was much exhausted, and in summing up he 
was obliged to ask Mr. Justice Bayley to read a con- 
siderable part of the evidence. His strength being 
recruited, he thus very unexceptionably concluded his 
charge : 

" You must now proceed to give that verdict which 
I trust you will give from the unbiassed impulse of 
honest and pure minds acting upon the subject before 
you, and which will have the effect of affording protec- 
tion and immunity to the prisoner at the bar if he shall 

said to have added, " I will set my rat-trap for him baited with 
Cheshire cheese." 



LIFE OF LORD ELLENBOROUGH. 2O/ 

be found entitled to protection and immunity from the c "^ p - 
charges made against him ; but, in another point of 
view, affording also that security to the laws and people 
of this land, and to its government as it subsists under 
those laws and is administered by the King and the two 
Houses of Parliament ; thus satisfying your own con- 
science and the expectation of your country, unbiased 
bv any consideration which might affect the impartial- 
ity of that justice which you are under so many solemn 
sanctions this day required to administer. Gentlemen, 
you will consider of your verdict." 

He then asked them whether they would take some 
refreshment before they left the bar, when the fore- 
man, in a tone which made the Chief Justice's coun- 
tenance visibly collapse, said, " My Lord, we shall not 
be long." Accordingly after going through the form 
of withdrawing and consulting together, they returned 
and pronounced their verdict, to which they had long 
made up their minds, NOT GUILTY, and thereupon 
all the other prisoners who were to have been tried on 
the same evidence were at once acquitted and liber- 
ated. 1 

In the following autumn Lord Ellenborough made LordEiien- 

borough's 

a short tour on the Continent in the hope of re-estab- tour on the 
lishing his health. He at first rallied from change of 
scene, but ere long unfavorable symptoms returned, 
and he seems to have had a serious foreboding that his 
earthly career was drawing to its close. A deep sense 
of religion had been instilled into his infant mind by his 
pious parents : this had never been obliterated ; and 
now it proved his consolation and his support. While 
at Paris he composed the following beautiful prayer, 
which may be used by all who wish like him with a 
grateful heart to return thanks for the past bounties of 

I. 32 St. Tr. 1-1074. 



208 REIGN OF GEORGE III. 



Providence, and, looking forward, to express humble 

resignation to the Divine will : 

whetThfs" " Oh God, heavenly Father, by whose providence 
health and an( j goodness all things were made and have their 

strength 

were being, and from whom all the blessings and comforts 

declining. 

of this life, and all the hopes and expectations of hap- 
piness hereafter, are, through the merits of our blessed 
Saviour, derived to us, Thy sinful creatures, I humbly 
offer up my most grateful thanks and acknowledg- 
ments for Thy Divine goodness and protection, con- 
stantly vouchsafed to me through the whole course of 
my life, particularly in indulging to me such faculties 
of mind and body, and such means of health and 
strength, as have hitherto enabled me to obtain and to 
enjoy many great worldly comforts and advantages. 

"Grant me, oh Lord, I humbly beseech Thee, a due 
sense of these Thy manifold blessings, together with a 
steadfast disposition and purpose to use them for the 
benefit of my fellow-creatures, and Thy honor and 
glory. And grant, oh Lord, that no decay or diminu- 
tion of these faculties and means of happiness may ex- 
cite in my mind any dissatisfied or desponding thoughts 
or feelings, but that I may always place my firm trust 
and confidence in Thy Divine goodness ; and whether 
the blessings heretofore indulged to me shall be con- 
tinued or cease, and whether Thou shall give them or 
take them away, I may still, in humble obedience to 
Thy Divine will, submit myself in all things with 
patience and resignation to the dispensalions of Thy 
Divine providence, humbly and gralefully blessing, 
praising, and magnifying Thy holy name for ever and 
ever. Amen. 
" Paris, 1817." 

When Michaelmas Term returned he was able to 
take his seal in the Court of King's Bench, bul he was 



LIFE OF LORD ELLENBOROUGH. 209* 



frequently obliged to call in the assistance of the puisne 
judges to sit for him at nisi prius. 

The trial of William Hone 1 coming on at Guild- 
hall, although there was a strong desire to convict Hone> 
him, for he had published very offensive pasquinades 
on George IV., the task of presiding was intrusted to 
Mr. Justice Abbott. The defendant was charged by 
three different informations with publishing three 
parodies, entitled " The late John Wilkes's, Cate- 
chism," "The Political Litany," and "The Sinecurist's 
Creed." He was not at all supposed to be formidable, 
not being hitherto known as a demagogue; but in 
truth he defended himself with extraordinary skill and 

i. William Hone, a political pamphleteer and compiler of popular 
antiquities, began life in an attorney's office, at first in London, and 
subsequently at Chatham. In 1800 he established himself as a book- 
seller in Lambeth Walk, from which he removed to St. Martin's 
Churchyard, close to the present Charing Cross. In 1806 he com- 
menced his singular literary career by issuing an edition of Shaw's 
" Gardener." An attempt at establishing a savings' bank, as well 
as a new publishing speculation, followed, both being failures. In 
1811 he was appointed by the booksellers their "trade auctioneer," 
and, a short time before, had been engaged in the compilation of the 
index to Froissart. But he was quite unfitted for business, and 
while engaged in the above post he was occupied in investigating 
the abuses in lunatic asylums : he was soon a bankrupt for the sec- 
ond time. His family now consisted of seven children, and he 
gained a livelihood by writing for the "Critical Review" and the 
" British Lady's Magazine." He next opened a bookseller's shop in 
Fleet Street, but his ill-fortune still continued ; it was twice plun- 
dered. In 1815 he was the publisher of the "Traveller" news- 
paper, and soon after began to publish those bold political pam- 
phlets and satires which made him universally known, and led to his 
being tried for three days in the Court of King's Bench. He was 
acquitted, however, and a large sum of money was collected by sub- 
scription for him, with which he established himself once more in 
business, and once more failed. From this time he was occupied in 
the compilation and publication of those well-known books which 
will continue to preserve his name. The chief of these were 
"Ancient Mysteries Described," "The Every-day Book," "The 
Table Book," and "The Year Book," his last work being an edition 
of " Strutt's Sports and Pastimes of the English." B. at Bath, 1779; 
d. at Tottenham, 1842. Seeton's Biog. Diet. 



2IO REIGN OF GEORGE 111. 

CHAP, tact, and at the end of the first day's trial he obtained 
a verdict of acquittal amidst the shouts of the mob. 

This being related to the enfeebled Chief Justice 
his energy was revived, and he swore that at whatever 
cost he would preside in Court next day himself, so 
that conviction might be certain, and the insulted law 
might be vindicated. Accordingly he appeared in 
Court pale and hollow-visaged, but with a spirit un- 
broken, and more stern than when his strength was 
unimpaired. As he took his place on the bench, " I 
am glad to see you, my Lord Ellenborough," shouted 
Hone; "I know what \*ou are come here for; I know 
what you want." " I am come to do justice," retorted 
the noble and learned Lord ; " my only wish is to see 
justice done." " Is it not rather, my Lord," said Hone, 
" to send a poor bookseller to rot in a dungeon ? " 

The subject of this day's prosecution was " The 
Political Litany," and the course taken by the defend- 
ant, with great effect, was to read a vast collection of 
similar parodies composed by writers of high celebrity 
from Swift to Canning. Some of these exciting loud 
laughter in the crowd, the indignant Judge sent for the 
Sheriffs to preserve order, and fined them for their 
negligence. In summing up to the Jury he reminded 
them that they were sworn on the Holy Evangelists 
and were bound to protect the ritual of our Church 
from profanation : 

" There are many things," said he, " in the parodies 
you have heard read which must be considered pro- 
fane and impious, although divines and statesmen may 
be the authors of them ; but this parody of the defend- 
ant transcends them all in profanity and impiety. 1 
will deliver to you my solemn opinion, as I am required 
by Act of Parliament to do ; under the authority of that 
Act, and still more in obedience to my conscience and 
my God, I pronounce it to be a MOST IMPIOUS AND 



LIFE OF LORD ELLENBOROUGII. 211 

PROFANE I.IUEL. Hoping and believing that you are 
Christians, I doubt not that your opinion is the same." 

The usual question being put when the jury after a 
short deliberation returned into Court, the Chief 
Justice had the mortification to hear the words NOT 
GUILTY pronounced, followed by a tremendous burst 
of applause, which he could not even attempt to quell. 

But he was still undismayed, and declared that he 
would proceed next day with the indictment on " The 
Sinecurist's Creed." This was a most indiscreet reso- 
lution. 

The whole of Hone's third trial was a triumph, the 
jury plainly intimating their determination to find a 
verdict in his favor. He read parallel parodies as on 
the preceding days, and at last came to one said to be 
written by Dr. Law, the late Bishop of Carlisle, the 
Judge's own father. Lord Ellenborougli (in a broken 
voice): " Sir, for decency's sake forbear." Hone with- 
drew it, and gained more advantage by this tasteful 
courtesy than the parody could have brought him, had 
it been ever so apposite. After a similar summing up as 
on the preceding day, there was the like verdict, ac- 
companied with still louder shouts of applause. 

Bishop Turner, who was present at the trial, and 
accompanied the Chief Justice home in his carriage, 
related that all the way he laughed at the tumultuous 
mob who followed him, remarking that " he was afraid 
of their saliva, not of their bite:" and that passing 
Charing Cross he pulled the checkstring, and said, " It 
just occurs to me that they sell the best red herrings at 
this shop of any in London ; buy six." The popular 
opinion, however, was that Lord Ellcnborough was 
killed by Hone's trial, and he certainly never held up 
his head in public after. 

When the clay again came round for the Judges to 
choose their Summer Circuits, he chose the Home, and 



212 



REIGN OF GEORGE III. 



Heisun- 

the 

Circuit. 



appointed the days for holding the assizes at eacn piace 
U p O n it; but as the time for his departure approached, 
his strength was unequal to the task, and he accepted 
the offer of LENS,' a King's Sergeant, an excellent law- 
yer and an accomplished scholar (whom he greatly 
wished to have for his successor as Chief Justice), to go 
in his stead. On this occasion he wrote the following 

I. " John Lens (1756-1825), Serjeant at law, son of John Lens, a 
well-known land agent in Norwich, was born there on Jan. 2, 1756. 
He was educated first at a school in Norwich, and then by the Rev. 
John Peele. In 1775 he matriculated at St. John's College, Cam. 
bridge. He graduated B.A. in 1779, when he was fourth wrangler 
and chancellor's medallist, and M.A. in 1782. After leaving Cam- 
bridge he entered at Lincoln's Inn, whence he was called to the bar 
in 1781. He at first joined the Norfolk circuit, but soon transferred 
himself to the western circuit, which he led for many years. On 
June 12, 1799, he became a Serjeant at law, and in 1806 King's ser- 
jeant. His practice was extensive, and his position at the bar emi- 
nent. He was named a lay fellow of Downing College in its charter 
in 1800, was treasurer of Serjeant's Inn in 1806, succeeded Spencer 
Perceval in 1807, as counsel to the university of Cambridge, and was 
engaged in numerous celebrated cases, of which the chief were the 
action of Charles Perkin Wyatt, surveyor general of crown lands 
,in Canada, against General Gore, governor of Upper Canada, for 
libel, in 1816, and the Cranborne Chase boundaries case in the same 
year. He sat as commissioner of assize at Guildford and Maidstone 
in 1818. He had been a friend and adherent of Fox, was a Whig by 
conviction, and might, had he chosen, have represented the uni- 
versity of Cambridge in parliament. But he was as indifferent to 
honors as he was completely disinterested. In December 1813, on 
the appointment of Sir Robert Dallas to the bench of the common 
pleas, he declined the solicitor generalship, although it was pressed 
upon him by the prime minister at the request of the prince regent, 
his personal friend. His independence at length became proverbial, 
and the toast ' Serjeant Lens and the independence of the bar ' was 
given at public dinners. In 1817 he retired from his circuit, at the 
height of his powers, in order to make way for younger men, but 
continued to practice in London, acting also as commissioner of 
assize on the home circuit in 1818. He refused the chief justiceship 
of Chester, and Lord Ellenborough strongly recommended him as 
his own successor in the office of lord chief justice. He died at Ryde 
in the Isle of Wight on Aug. 6, 1825. He had married in 1818 Mrs. 
Nares, widow of John Nares, Esq., son of Sir George Nares, a judge 
of the common pleas. His wife predeceased him on June 15, 1820. 
A portrait of Lens was at Serjeants' Inn." Nat. Biog. Diet. 



LIFE OF LORD ELLEN15OROUGH. 213 

letter to his trusty clerk, who had served him faithfully C " AP> 
many years : 

" St. James's Square, July i, 1818. 

' DEAR SMITH, 

" Mr. Sergeant Lens seems to prefer taking his 
own carriage and a pair of horses, with a pair to be put 
before them from his jobman, to having the use of my 
chariot, drivers, and horses which I offered him. John 
will attend him as circuit butler on a horse, with which 
I will provide him. You will attend to all things ma- 
terial to the Sergeant's convenient accommodation, and 
see that they be fully supplied in all respects. The 
Sergeant as going in my place will, I presume, sit at 
each place on the circuit on the Civil side or the Crown 
side, as 1 should have done myself, viz., on the Civil 
side at Hertford, and on the Crown side at Chelmsford. 
You can apply to me if any matter of doubt should 
occur which, however, I do not expect. I am going 
out of town to Roehampton. 

" Yours, &c., 

" ELLENBOROUGH." 

He afterwards took up his quarters at Worthing on 
the coast of Sussex, in hopes of benefit from the sea air. 
While there he wrote the following letters to his anx- 
ious clerk, who had a sincere regard for his kind 
master, besides holding an office worth 2OOO/. a year on 
his master's life : 

" September I7th, 1818. 

' DEAR SMITH, 

" I think I am better, though but little, on my 
legs ; and this fine weather gives me opportunity for 
beneficial exercise and exposure to the fresh air. 
Charles, who is with his family at Bognor, has been 
over to me here as has Lushington from the same 
place. I shall be glad to see you when we are within 
distance of each other. Keep me properly apprised 



214 REIGN OF GEORGE III. 

CHAP. o f y Our change of place from time to time, and believe 
me, 

" Ever most sincerely, 

" ELLENBOROUGH." 

" October 1st, 1818. 

" DEAR SMITH, 

" I leave this place for Brighton for a month, on 
Saturday morning next. I have not gained much 
ground since I left town, and unless I make a progress 
which I do not expect, I shall not be able to look busi- 
ness in the face very soon. I am very lame in one of 
my legs from an erysipelas affection, which has settled 
there. I have likewise a troublesome cough, proceed- 
ing from the same cause. The Chief Justice of the 
Common Pleas l is here, and better, upon the whole,, 
than I expected to find him. He is, however, very 
weak in body, and can hardly sustain himself against 
any fatigue. I shall be glad to see you. 

" Yours very sincerely, 

" ELLENBOROUGH." 

Before this he had found that all hope of returning 
to the discharge of his public duties must be renounced, 
and he had with firmness made up his mind to seek 
repose, that he might prepare for the awful day when 
he himself was to stand before the tribunal of an al- 
mighty, an omniscient, but merciful Judge. 

The last stage of his judicial career has been thus 
graphically described : 

" Nature had exhibited evident symptoms of decay 
before his strenuous and ill-judged efforts on the trial 
of Hone ; his frame had been shaken by violent attacks 
of gout, and during the Hilary and Easter terms of 1 8 18 
his absence from Court became more frequent, and his 
calls on the Puisne Judges for assistance in the sittings 

I. Sir Vicary Gibbs, who was then dying. 



LIFE OF LORD ELI.ENBOROUGH. 21 5 

after term were often, though reluctantly, renewed. c "^ p ' 
The fretfulness of his manner, and his irritable temper- 
ament, proved clearly the workings of disease when he 
occasionally re-appeared in the submissive and silent 
hall, and the frequent interruptions of " I will not recast 
the practice of the Court ; 1 do not sit here as peda- 
gogue to hear first principles argued. What are the 
issues ? What can you mean by wandering thus wildly 
from the record ? I will not tolerate such aberration ; 
I cannot engender or inoculate my mind with a doubt ; 
I will not endure this industry of coughing;" attested 
his impatient anxiety, and fast growing inability to sus- 
tain the toils of office. To the last he clung to his sit- 
uation with adhesive grasp, and girded himself with a 
sort of desperate fidelity to perform its duties, at a time 
when, as he wrote to a friend, ' he could scarcely totter 
to his seat, and could only take notes manu lassissimd et 
corpore ivibecillo.' J During the calm of the recess he de- 
luded his spirits with the hope that he might resume 
his duties once more. The physicians recommended 
Bath, but his failing health rendered the journey haz- 
ardous; and, just before Michaelmas term commenced, borough 
tardily and with repining, he was compelled to an-o" S 
nounce to the Chancellor his inability to remain." 2 

The following is his melancholy missive on this oc- 
casion : 

"Worthing, September 21, 1818. 

" MY DEAR LORD, 

" The decay of many of my faculties, particularly of 
my eyesight, which I have painfully experienced since 
the beginning of the present year, strongly admonishes 
me of the duty which I owe to the public and myself 
on that account; and as I have now held the office of 
Chief Justice of the Court of King's Bench for more 

r. " With a heavy hand and a weak body." 
2. Townsend, vol. i. 389. 



2l6 REIGN OF GEORGE III. 

*jfAP. than sixteen years, viz. from the I2th day of April, 1802, 
I am entitled, under the Acts of Parliament, to request, 
which I most humbly do, the permission of His Roval 
Highness the Prince Regent for leave to retire on the 
first day of next term, upon that amount of pension 
which by those Acts of Parliament Mis Royal Highness 
the Prince Regent is authorized to grant to a Chief 
Justice of the King's Bench retiring after a period of fif- 
teen years' service. If I had been able to depend upon 
my strength for the due and satisfactory execution of 
my most important office for a longer period, I should 
not now have tendered my resignation to His Royal 
Highness." 

The Chief Justice without any servility, had always 
been a special favorite at Carlton House, and his prof- 
fered resignation drew forth the following graceful 
letter of condolence from the PRINCE REGENT : 

Compli- '> MY DEAR LORD, 

mentary 

letter to "I have only this moment been informed of your 

him from ... 

the Prince arrival in town, and 1 cannot suffer it to pass without 
conveying to you the heart-felt grief with which I re- 
ceived from the Chancellor a fe\v days ago, his report 
of the melancholy necessity under which you have 
found yourself of tendering your resignation, and of 
your retiring from public life. As to my own private 
feelings upon this most sad occasion, I will not attempt 
their expression ; indeed, that would be quite impossi- 
ble but as a public man I do not hesitate most dis- 
tinctly to state, that it is the heaviest calamity, above 
all in our present circumstances, that could have be- 
fallen the country. My Lord, your career, since the 
moment you took your seat, and presided in the high 
court committed to your charge, can admit of but one 
sentiment, and but of one opinion ; it has been glorious 
to yourself, and most beneficial to the nation. You 



LIFE OF LORD ELLENIJOROUGH. 

have afforded an example combining- wisdom with 
every other talent and virtue which exalt your charac- 
ter, and place it beyond all praise. With these senti- 
ments, and such a picture before me, where can I hope 
to find, or where can I look for that individual who 
shall not leave a blank still in that great machine, of 
which you were the mainspring and brightest orna- 
ment? If, however, my clear friend, there can be con- 
solation for us under such afflicting circumstances, that 
consolation is, that you carry with you into your re- 
tirement the veneration, gratitude, and admiration of 
the good, and the unbounded love and affection of those 
who have had the happiness of associating more inti- 
mately with you in private life. I confess that the 
magnitude of the loss we are about to sustain presses 
so heavily upon me, that I have not the power of 
adding more than that my constant and most fervent 
wishes for your health, comfort, and happiness will 
ever attend you, and that I remain always, 

" My dear Lord, 

" Your most sincere and affectionate friend, 

" GEORGE, P. R. 1 

"Carlton House, October iSth, 1818." 

I. George (Augustus Frederick) IV., King of Great Britain, the 
eldest son of George III. and Queen Charlotte, was born on the I2th 
of August, 1762. His education was confided in 177: to Lord Hold- 
erness as governor, and Markham, Bishop of Chester, as preceptor, 
who both resigned in 1776. Their places were supplied by the Duke 
of Montague and Dr. Hurd. His natural abilities were above medi- 
ocrity, but were not diligently or wisely improved. In his youth he 
became an object of his father's invincible aversion, and by a natural 
consequence attached himself to the Whig party, who were also 
treated as enemies by the King. He exhausted prematurely the 
resources of sensual indulgence, and was deeply involved in debt 
by gaming and extravagance. About 1786 he married privately 
Mrs. Fitzherbert, a Roman Catholic lady, who was the object of his 
most lasting attachment. This marriage was illegal, and, when the 
subject was broached in parliament, was publicly disowned by the 
Prince of Wales. The pressure of pecuniary difficulties rendered a 
regular marriage necessary, as the King refused to supply his ex- 
travagant wants except on the condition that he should marry. In 



2l8 REIGN OF GEORGE III. 

CHAP. On the 6th day of November the Chief Justice went 
through the trying ceremony of executing his deed of 

1795 he married his cousin, Caroline Amelia Elizabeth, a daughter 
of the Duke of Brunswick, who became the mother of the Princess 
Charlotte in 1796, and whom he treated with studied neglect, if not 
contempt. A final separation took place in 1796, and scandalous 
reports against her honor were circulated. The King having be- 
come, through insanity, incompetent for the duties of royalty, the 
Prince of Wales was appointed regent in February, 1811. He re- 
tained in office the Tory ministry of Mr. Percival, abandoning his 
former political friends, who accused him of ingratitude. The 
foreign policy of the prince regent was the same as that of George 

III. The war against the French was prosecuted with vigor and 
success in the Peninsula. In June, 1812, war was declared against 
the United States, with which a treaty of peace was concluded in 
December, 1814. Lord Liverpool succeeded Percival as prime min- 
ister in 1812. The only child of the Prince Regent, the Princess 
Charlotte, died in 1817. On the death of his father, George IV. 
ascended the throne, on the zgth of January, 1820. Great excite- 
ment was produced by the process instituted by the ministry in 1820 
against Queen Caroline, for alleged infidelity to her husband. The 
majority for the ministers on this question in the House was so 
small that they abandoned the case. The prime minister, Lord 
Liverpool, having been prostrated by apoplexy, was succeeded 
by Mr. Canning in April, 1827. On the death of Canning, in 
August of the same year, Viscount Goderich became premier. In 
January, 1828, a new ministry was formed under the Duke of 
Wellington. A bill for the relief of Roman Catholics from political 
disabilities was passed after a long contest, in April, 1829. George 

IV. died in June, 1830, and was succeeded by his brother, the 
Duke of Clarence, as William IV. George IV. had no public 
virtues, and took little interest in the affairs of government. 
Thomas' Biog. Diet. 

Thackeray's summary of this Prince's character, although so well 
known, is yet worthy of repetition. " To make a portrait of him at 
first seemed a matter of small difficulty. There is his coat, his star, 
his wig, his countenance simpering under it: with a slate and a 
piece of chalk, I could at this very desk perform a recognizable 
likeness of him. And yet after reading of him in scores of volumes, 
hunting him through old magazines and newspapers, having him 
here at a ball, there at a public dinner, there at races and so forth, 
you find you have nothing nothing but a coat and a wig and a 
mask smiling below it nothing but a great simulacrum. His sire 
and grandsires were men. One knows what they were like ; what 
they would do in given circumstances ; that on occasion they fought 
and demeaned themselves like tough good soldiers. They had friends 
whom they liked according to their natures ; enemies whom they 
hated fiercely ; passions, and actions, and individualities of their 
own. The sailor King who came after George was a man ; the Duke 



LIFE OF LORD ELLENBOROUGH. 

resignation, which cost him a deeper pang than draw- CHAP. 
ing his last breath. This world had now closed upon 
him, and before another opened there was a dreary 
interval, in which, reduced to insignificance, he had the 
dread of suffering severe pain as well as cold neglect. 

His family had flattered themselves that when re- 
lieved from the anxiety of business, to which he was 
inadequate, he would rally, and that he might long be 
spared to enliven and to comfort them ; but the excite- 
ment of office being removed, he only sunk more 
rapidly. 

Having ever been a firm believer in Christianity, he 
was now supported by a Christian's hope. In a short 
month after his resignation it was evident that his e nd Hisdeath - 
was approaching, and having piously received the last 
consolations of religion, he calmly expired at his house 
in St. James's Square in the evening of Sunday, the 

of York was a man. big, burly, loud, jolly, cursing, courageous. 
But this George, what was he? I look through all his life, and 
recognize but a bow and a grin. I try and take him to pieces, and 
find silk stockings, padding, stays, a coat with frogs and a fur 
collar, a star and blue ribbon, a pocket-handkerchief prodigiously 
scented, one of Truefitt's best nutty brown wigs reeking with oil, a 
set of teeth and a huge black stock, underwaistcoats, more under- 
waistcoats, and then nothing. I know of no sentiment that he ever 
distinctly uttered. Documents are published under his name, but 
people wrote them private letters, but people spelt them. He put 
a great George P. or George R. at the bottom of the page and 
fancied he had written the paper ; some bookseller's clerk, some 
poor author, some man did the work ; saw to the spelling, cleaned 
up the slovenly sentences, and gave the lax, maudlin slipslop a sort 
of consistency. He must have had an individuality ; the dancing- 
master whom he emulated, nay, surpassed the wig-maker who 
curled his toupee for him the tailor who cut his coats, had that. 
But, about George, one can get at nothing actual. That outside, I 
am certain, is pad and tailor's work ; there may be something behind, 
but what? We cannot get at the character; no doubt never shall. 
\Vill men of the future have nothing better to do than to unswathe 
and interpret that royal old mummy? I own I once used to think 
it would be good sport to pursue him, fasten on him, and pull him 
down. But now I am ashamed to mount and lay good dogs on, to 
summon a full field and then to hunt the poor game." Thackeray's 
four Georges, 



220 REIGN OF GEORGE III. 



I3 th of December, 1818. On the 22<d of the same 
month his remains were interred in the cemetery of 
the Charter-House, 1 by the side of those of Mr. Sut- 
ton, 2 its honored founder. The funeral was attended 

I. The buildings of the Charter-House were presented to several 
of the king's favorites in turn, and in 1565 were sold by the Norths 
to the Duke of Norfolk, who pulled down many of the monastic 
buildings, and added rooms more fitted to a palatial residence. 
Thomas Howard, Earl of Suffolk, second son of the Duke of Norfolk, 
beheaded for Mary Queen of Scots, sold the Charter-House for 
I3,ooo/. to Thomas Sutton, of Camps Castle, in Cambridgeshire, who 
had made an enormous fortune in Northumbrian coal-mines. He 
used it to found (1611) a hospital for aged men and a school for 
children of poor parents the " triple good " of Bacon, the " master- 
piece of English charity " of Fuller. In 1872 the school was removed 
to Godalming, supposed to be a more healthy situation, and the 
land which was occupied by its buildings and playground was sold 
to the Merchant Tailors for their school. But the rest of the foun- 
dation of Sutton still exists where he left it. 

The Charter-House (shown by the Porter) is entered from the 
Square by a perpendicular arch, with a projecting shelf above it, 
supported by lions. Immediately opposite is a brick gateway be- 
longing to the monastic buildings, which is that where the "arm of 
Houghton was hung up as a bloody sign to awe the remaining 
brothers to obedience," when his head was exposed on London 
Bridge. The second court contains the Master's house, and is faced 
by the great hall of the Dukes of Norfolk. By a door in the right 
wall we pass to a Cloister, containing monuments to Thackeray, John 
Leech, Sir Henry Havelock, old Carthusians, and Archdeacon Hale, 
long a master of the Charter-House. Hence we enter Brook Hall, to 
which Brook, a master of the Charter-House, whose picture hangs 
here, was confined by Cromwell : another door leads to the Chapel, 
of which the groined entrance dates from monastic times, but the 
rest is Jacobian. On the left of the altar is the magnificent alabaster 
tomb of Sutton, who died Dec. 12, 1611, a few months after his 
foundation of the Charter-House. The upper part of the tomb repre- 
sents his funeral sermon, with the poor brethren seated round. On 
the cornice are figures of Faith and Hope, Labor and Rest, Plenty 
and Want. The whole is the work of Nicholas Stone and fansen of 
Southwark. Opposite is an interesting tomb of Francis Beaumont, 
an early master. The monument of Edward Law, Lord Ellenbor- 
ough, is by Chantrev. There are tablets to Dr. Raine and other 
eminent masters. Hare's Walks in London. 

2. Thomas Sutton, founder of the Charter-House, was born at 
Knaith, Lincolnshire, about 1532. He was educated at Eton, and 
next at Cambridge, after which he studied law at Lincoln's Inn. On 
becoming secretary to the Earl of Warwick he was made master of 
the ordnance at Berwick, where he signalized himself during the 



LIFE OF LORD ELLENBOROUGH. 221 

by all the dignitaries of the law and many distinguished 
men from other ranks of life, and its pomp was ren- 
dered more solemn by a dense fog, which only per- 
mitted to the eye a dim glimpse of the procession. 1 

rebellion raised by the earls of Northumberland and Westmoreland. 
On account of his services at that period he obtained a patent for 
the office of master-general of the ordnance in the North for life. 
In 1573 he commanded one of the batteries which compelled the 
castle of Edinburgh to surrender to the English. While thus em- 
ployed he made an accession to his fortune by the purchase of lands 
and mines in the bishopric of Durham. He afterwards increased 
his property by marriage, and, on turning merchant, prospered in 
all his undertakings. In 1611 he purchased the dissolved Charter- 
House for I3OOO/., and began the hospital as it now stands, with an 
intention of being the first master, but died before its completion, 
Dec. 12, the same year. At his death he was the richest commoner 
in the kingdom. At/ten. Cantab, iii. 49-53. 

I. From the family of his clerk, Mr. Smith, I have in my posses- 
sion the originals of the two following letters, which I cannot re- 
frain from copying, as they seem to me very creditable to all who 
are mentioned in them. They particularly show the subject of this 
memoir in a most amiable point of view, and prove that if at times 
he was regardless of giving pain to his equals, he must have been 
uniformly kind to dependants : 

" Lofty and sour to them who loved him not ; 
But to those men who sought him, sweet as summer." 

The first, announcing Lord Ellenborough's death to Mr. Smith, 
is from the Honorable Charles Law, his second son, and the other, 
inviting Mr. Smith to the funeral, is from the present Earl of Ellen- 
borough : 

" Southampton Row, 8 o'clock. 
" MY DEAR FRIEND, 

" It has become my melancholy duty to announce to you the 
death of my beloved parent. He breathed his last about six o'clock, 
without a sigh and without a struggle. If you could call on me this 
evening, it would much oblige me. 

" Yours, very sincerely and faithfully 

CHAS. E. LAW. 

"St. James Square, Dec. 18, 1818- 
" MY DEAR SIR, 

" I am sure the long and intimate connection you had with my 
father, and the regard you naturally entertained for him, would 
make you desirous of joining his family in the performance of the 
last duties to his memory ; and I am equally sure, from my knowl- 
edge of the gratitude my father felt for your very useful and faith- 
ful services, and of the esteem in which he held your character, that 
it would have been gratifying to him to think that his remains would 



222 REIGN OF GEORGE III. 

CHAP. On a tablet near the spot where his dust reposes, 
there is the following simple inscription to his memory : 

In the Founder's vault are deposited the remains of 
Epitaph. EDWARD LAW, LORD ELLEN-BOROUGH, 

son of EDMUND LAW, LORD BISHOP of CARLISLE, 
Chief Justice of the Court of King's bench from April 

1802 to November 1818, 

And a Governor of the Charter-House. 

He died December 13, 1818, in the 6gth year of his age ; 

and in grateful remembrance of 
the advantages he had derived through life from his 

Education 

upon the Foundation of the Charter-House, 
desired to be buried in this Church, 

Hischarac- His character has been thus drawn by one who 
knew him well : 

He was not a man of ambition ; he had still less of 
vanity. He received with satisfaction certainly, but 
without the smallest excitement, the appointment of 
Attorney General, the Chief Justiceship, and the Peer- 
age. I never knew any man, except the Duke of 
Wellington, 1 who was so innately just. He thoroughly 

be attended to the grave by you. Allow me, therefore, to request 
that you will proceed with us from this house on Tuesday morning 
before half-past seven. 

" Very truly and faithfully yours, 

" E. 

" I have great pleasure in communicating to you that my late 
respected father has, in testimony of your long and faithful services, 
bequeathed to you the watch and gold chain he usually wore, and a 
small sum for the purchase of some memorial of him." 

i. Arthur Wellesley, Duke of Wellington (b. 1769, d. 1852), was 
the fourth son of the first Earl of Mornington. He was educated at 
Eton, and afterwards at the military college at Angers, where he 
studied under the celebrated Pignerol. He entered the army in 
Mar., 1787. His career in the field commenced in Holland (1794), 
under the Duke of York. He shared the hardships of this cam- 
paign, occupying the post of honor, the rear guard. He received a 
colonelcy in 1796. His next service was in India, where he passed 
through the whole of the Mysore War, and the Siege of Seringa- 
patam, being attached to the Nizam's contingent of horse. In July, 
1799, he was nominated Governor of Seringapatam and Mysore, and 
the command in chief of the army of occupation was entrusted to 
him. He exercised the great powers conferred upon him in such a 




WELLINGTON STATUE. 



LIFE OF LORD ELLENBOROUGH. 223 

loved justice strict justice, perhaps, but still justice. 
He was also thoroughly devoted to the performance 

way as to deserve and obtain the gratitude and respect of the 
natives, and to display his own extraordinary talents for organiza- 
tion and command. While thus employed he found it necessary to 
take the field against the marauder Dhoondiah Waugh, whom he 
routed and slew. In 1803 he was raised to the rank of major-gen- 
eral, and shortly afterwards the Mahratta War broke out. Major- 
General Wellesley was appointed to the command of the force des- 
tined to restore the Peishwa to his throne after the conclusion of 
the Treaty of Bassein, as well as to act against the Mahratta chiefs. 
Operations in the Deccan were quickly opened, and concluded by 
Wellesley's brilliant victory at Assye (Sept. 23, 1803), and Argaum 
(Nov. 19), which effectually subdued the opposition of Scindiah and 
the Rajah of Berar. Shortly after the close of the Mahratta War, 
General Wellesley quitted India, and after an absence of five years 
landed once more in England. In 1807 he was appointed Chief 
Secretary to the Lord-Lieutenant of Ireland. In the following 
August he was nominated to a command in the expedition to Copen- 
hagen, and rendered important services, for which he received the 
special thanks of parliament. On July 12 the same year he started 
with a command of 10,000 men for Portugal, the Portland ministry 
having sent these troops at the request of the Portuguese govern- 
ment, who feared the ambitious designs of Napoleon. He landed 
successfully at Mondego, marched on Lisbon, and defeated the 
French at Rolica. Sir Harry Burrard, who had been appointed over 
Wellesiey's head, now arrived and took the command, and counter- 
manded all Wellesley's dispositions for the attack on Junot at Torres 
Vedras. The French therefore assailed the English at Vimiera, 
and again Sir Harry Burrard prevented the English success being 
decisive by forbidding Wellesley to pursue and cut off the French 
retreat to Torres Vedras. The Convention of Cintra roused the 
general indignation of England against the expedition and its com- 
manders, and especially and most unwarrantably against Wellesley. 
He returned to England and resumed his Irish duties and his seat 
in parliament. In 1809, when the French had entirely occupied the 
Peninsula, Wellesley was sent out again with 24,000 men. He 
landed at Lisbon (April 22), marched against Soult, who was strongly 
posted at Oporto, and drove him into Galicia. The state of his 
commissariat rendered it impossible to pursue and march on Madrid 
as he had intended ; while the obstinacy and imbecility of the Span- 
ish generals rendered co-operation impossible. In spite, therefore, 
of the crushing victory of Talavera he was obliged to retreat. The 
next year was occupied with the inroad of Napoleon, the victory 
of Busaco, and the successful defence of the lines of Torres Vedras, 
At last in 1812, after the capture af Badajos and Ciudad Rodrigo, 
Wellington began his march across Spain by defeating the French 
at Salamanca ; opened the road to Madrid ; and marched from 
thence to Burgos. He was, however, compelled to retire once more 



224 KKIGN OF GEORGE III. 



o t his duty. I have heard him say that no private con- 
sideration could absolve a man from the execution of 

to the Portuguese frontier. In 1813 he marched straight to Vittoria, 
and from victory to victory till Soult was finally routed at Orthez, 
and the abdication of Napoleon ended the great Peninsular U'ar 
At the close of the campaign he was for his services created Marquis 
of Douro and Duke of Wellington; the House of Commons voied 
him an annuity of lo,ooo/., which was afterwards commuted for 
the sum of 400, ooo/., and on July I the thanks of the House were 
conveyed to him by the Speaker. The highest honors were con- 
ferred on him by the allies, and he was made a field-marshal in each 
of the principal armies of Europe. In August he proceeded to 
Paris to represent the British government at the court of the Tuil- 
eries. He remained five months, and bore a principal share in the 
negotiations of this year. In Jan., 1815, the Duke was accredited 
to Vienna as one of the representatives of Britain at the Congress 
of the European Powers, and united with Austria and France in re- 
sisting the demands of Russia and Prussia. In February Napoleon 
broke loose from Elba, and Wellington was appointed commander- 
in-chief against him. The Hundred Days ended at Waterloo and 
the allied armies marched on Paris, where Wellington had the 
greatest difficulty in restraining the Prussian desire for vengeance : 
and it was in consequence of his advice that the army of occupa- 
tion, which was to have remained for five years, evacuated France 
at the end of three. The military career of the duke thus came to 
an end. In Oct., 1818, while attending the Congress of Aix-la- 
Chapelle, he was offered and accepted the office of Master-General 
of the Ordnance, with a seat in the Cabinet. He took no promi- 
nent part, however, in the administration of home affairs, though 
he shared the odium which accrued to the government from its 
coersive policy. He represented Great Britain at the Congress of 
Verona in 1822, and protested against the armed intervention of the 
French court in the affairs of Spain. In 1826, he was sent on a 
special mission to St. Petersburg for the purpose of promoting a 
peaceable settlement of the Greek question. In the following year 
he refused to serve under Mr. Canning, and resigned the post of 
Commander-in-Chief which had naturally come to him on the death 
of the Duke of York. In 1828, he himself became Prime Minister of 
England. The Canningites were allowed to retain their seats for a 
short time, but very soon dissensions arose, and they were either 
driven out or resigned spontaneously. The great question of 
Roman Catholic Emancipation had now for a quarter of a century 
occupied the attention of the legislature, and had become not so 
much a question of abstract principle and policy as of national peace 
and security. The continued anarchy of Ireland, the interminable 
division of cabinets, the distraction of imperial councils, and the 
utter impossibility of maintaining such a state of things, at last 
satisfied the duke and Sir Robert Peel that the time had come when 
the clamorous demand of the Roman Catholics should be conceded. 



LIFE OF LORD ELLENBOROUGH. 22$ 



public duty that should the person dearest to him in 
the world die, he would go into court next day if 

The premier had a clear perception of the difficulties to be encoun- 
tered, and the sacrifices which must be made in thus surrendering 
the citidel of Protestant ascendency, but having made up his mind 
that this measure was necessary, he carried it through resolutely 
and characteristically. His policy was announced in the speech 
from the throne (Feb. 5, 1829), and so vigorously was the measure 
pressed, that in spite of the most determined opposition, the Relief 
Bill passed both Houses by a large majority, and in little more 
than a month became law. The ministry of the duke was greatly 
weakened by his victory over the principles and prejudices of his 
party. His opponents were not conciliated, while many of his old 
supporters had become furious in their indignation. The duke 
failed to read the signs of the times, and his obstinate opposition to 
Parliamentary Reform caused the downfall of his ministry, the ac- 
cession of Earl Grey (1831), and the passing of the Reform Bill 
At the final passage of the Bill, Wellington, at the request of the 
king, left the House of Lords, followed by about a hundred peers, 
to allow the Bill to pass. All through this period the tide of 
popular feeling ran strongly against the duke, who found it neces- 
sary to protect his windows from the mob by casings of iron. 
When the excitement of the Reform agitation had subsided, popular 
feeling towards him gradually changed ; and during the rest of his 
life he retained a firm hold on the affections of the English people. 
In 1834 the king announced his intention to recall the duke to his 
councils, but the latter insisted that Sir Robert Peel was the proper 
person to be placed at the head of the government, and himself ac- 
cepted the post of Foreign Secretary. In 1835 he retired with his 
leader and never again took charge of any of the great civil depart- 
ments of state. In 1841, on the return of his party to power, he 
accepted a seat in the Cabinet, but without office ; though he took 
an active part in the business of the country. In 1842, he again 
became Commander-in-Chief, and was confirmed in the office for life 
by patent underthe Great Seal. When the Irish famine brought the 
Anti-Corn-law agitation to a crisis, he changed with Peel, and gave 
that minister the warmest and most consistent support in his new 
commercial policy. It was in fact mainly through the duke's influ- 
ence that the opposition of the great territorial magnates was with- 
drawn. On the complete breakup of the Conservative party in 
1846, the duke formally intimated his final retirement from political 
life, and never again took any part in the debates in the House of 
Lords except on military matters. But he continued to take the 
warmest interest in the welfare of the army, the country, and the 
sovereign, and was regarded by the queen as a friendly and inti- 
mate adviser. With the nation the popularity of " the duke " during 
his later years was extraordinary and almost unique. Wherever he 
appeared he was received with enthusiasm and affection. On 
Sept. 14, 1852, he died at Walmer Castle, where he resided as 



226 REIGN OF GEORGE III. 



phy s i ca "y capable of doing so. When he took as his 
motto composition jus fasque animi? he stamped his own 
character upon his shield." 

Of Lord Ellenborough as a Judge little remains to 
be said. Notwithstanding his defects, which were not 
small, it must be admitted that he filled his high office 
most creditably. He had an ascendency with his 
brethren, with the bar, and with the public, which none 
of his successors have obtained, and since his death his 
reputation has in no degree declined. 8 His bad temper 
and inclination to arrogance are forgotten, while men 
bear in willing recollection his unspotted integrity, his 
sound learning, his vigorous intellect, and his manly 
intrepidity in the discharge of his duty. 

LordEiien- As a legislator his fame depends upon the Act (Lord 
Act. Ellenborough's Act, 43 Geo. III. c. 58) which goes by 

his name, the only one he ever introduced into parlia- 
ment, by which ten new capital felonies were created, 
and the revolting severity of our criminal code was 
scandalously aggravated. Some of these, which before 
were nly misdemeanors, might without impropriety 
have been made clergyable felonies, punishable with 

Warden of the Cinque Ports. Of Wellington's eminence as a gen- 
eral there is no question. In an age of great commanders he was 
one of the greatest ; inferior to few of his contemporaries, save the 
great opponent whose designs he so often defeated. The integrity. 
honesty, and disinterested simplicity of his private character are 
equally little open to doubt. His position as a statesman admits 
of no dispute. That he did not altogether comprehend the spirit of 
the age in which he lived, and that he offered an unbending front to 
reform which in the end he was obliged to accept, can scarcely be 
denied. Diet, of Eng. Hist. 

1. " Law and justice." 

2. The unenviable awe which he inspired into his brother Judges 
may be imagined from the following statement of Lord Brougham : 
" I remember being told by a learned Serjeant, that at the table of 
Serjeants' Inn. where the Judges met their brethren of the coif to 
dine, the etiquette was in those days never to say a word after the 
Chief Justice, nor ever to begin any topic of conversation. He was 
treated with more than the obsequious deference shown at Court to 
the Sovereign himself." 



LIFE OF LORD ELLENBOROUGH. 227 



long imprisonment or transportation ; but punishing 
them with death raised a cry against capital punish- 
ment, even in cases of murder, where it is prompted by 
nature, sanctioned by religion, and necessary for the 
security of mankind. However, Lord Ellenborough, 
with many of his contemporaries, thought that the 
criminal code could not be too severe. He strenuously 
opposed all the efforts of Sir Samuel Romilly in the 
cause of humanity, and was as much shocked by a pro- 
posal to repeal the punishment of death for stealing to 
the value of five shillings in a shop, as if it had been to 
abrogate the Ten Commandments: 

" I trust," said he, " your Lordships will pause be- His a P- 

proval of a 

fore you assent to a measure pregnant with danger to severe 

penal code. 

the security ol property, and before you repeal a statute 
which has been so long held necessary for public se- 
curity, and which I am not conscious has produced the 
smallest injury to the merciful administration of justice. 
After all that has been stated in favor of this speculative 
humanity, it must be admitted that the law as it stands 
is but seldom carried into execution, and yet it ceases 
not to hold out that terror, which alone will be suffi- 
cient to prevent the frequent commission of the offence. 
It has been urged by persons speculating in modern 
legislation, that a certainty of punishment is preferable 
to severity that it should invariably be proportioned 
to the magnitude of the crime, thereby forming a 
known scale of punishments commensurate with the 
degree of offence. Whatever may be my opinion of 
the theory of this doctrine, I am convinced of its ab- 
surdity in practice. . . . Retaining the terror, and leav- 
ing the execution uncertain and dependent on circum- 
stances which may aggravate or mitigate the enormity of 
the crime, does not prove the severity of any criminal 
law ; whereas to remove that salutary dread of punish- 
ment would produce injury to the criminal, and break 



228 REIUN OF GEORGE III. 

CHAP, down the barrier which prevents the f requentcommission 
of crime. The learned Judges are unanimously agreed that 
the expediency of justice and the public security require 
there should not be a remission of capital punishment 
in this part of the criminal law. My Lords, if we suffer 
this bill to pass, we shall not know where to stand we 
shall not know whether we are on our heads or on our 
feet. If you repeal the Act which inflicts the penalty 
of death for stealing to the value of five shillings in a 
shop, you will be called upop next year to repeal a law 
which prescribes the penalty of death for stealing five 
shillings in a dwelling house, there being no person 
therein a law, your Lordships must know, on the 
severity of which, and the application of it, stands the 
security of every poor cottager who goes out to his 
daily labor. He, my Lords, can leave no one behind 
to watch his little dwelling and preserve it from the 
attacks of lawless plunderers ; confident in the protec- 
tion of the laws of the land, he cheerfully pursues his 
daily labors, trusting that on his return he shall find 
all his property safe and unmolested. Repeal this law, 
and see the contrast : no man can trust himself for an 
hour out of doors without the most alarming apprehen- 
sions that on his return every vestige of his property 
will be swept away by the hardened robber. My 
Lords, painful as is the duty anxious as the feelings of 
a Judge are unwilling as he is to inflict the tremen- 
dous penalties of the law there are cases where mercy 
and humanity to the few would be injustice and cruelty 
to the many. There are cases where the law must be 
applied in all its terrors. My Lords, I think this, above all 
others, is a law on which so much of the security of mankind 
depends in its execution, that I should deem myself neglect- 
ful of my duty to t lie public if I failed to let the law take 
its course." 

The Chief Justice scoffed "at that speculative and 



LIFE OF LORD ELLENBOROUGH. 229 

modern philosophy which would overturn the laws CHAP. 
that a century had proved to be necessary on the il- 
lusory opinions of speculatists. 

" I implore you, " he said, in one of his latest 
addresses to the Lords, " not to take away the only 
security the honest and industrious have against the 
outrages of vice and the licentiousness of dishonesty. 
There is a dangerous spirit of innovation abroad on 
this subject, but against which I ever have been, and 
always shall be, a steady opposer. I seek no praise I 
want no popular applause ; all I wish is, that the world 
may esteem me as a man who will not sacrifice one iota 
of his duty for the sake ol public opinion. My Lords, 
1 shall never shrink from the fulfilment of the most ar- 
duous task from fear oi popular prejudice." 

The degree to which Lord Ellenborough's powerful 
mind was perverted by early prejudice, may be seen 
Irom the following entry in the Diary of Sir Samuel 
Romilly. 

" Lord Lauderdale told me that soon alter my pam- 
phlet appeared, in 1810, he had some conversation 
about it with Ellenborough, who told him, that though 
the instances were very rare, yet it sometimes became 
necessary to execute the law against privately stealing 
in shops, and that he had himself left a man for execu- 
tion at Worcester lor that offence. The man had, he 
said, when he came to the bar, lolled out his tongue 
and acted the part of an idiot ; that he saw the prisoner 
was counterfeiting idiocy, and bade him be on his 
guard ; that the man, however, still went on in the same 
way ; whereupon Lord Ellenborough, having put it to 
the jury to say whether the prisoner was really of weak 
mind, and they having found that he was not, and 
having convicted him, left him for execution. Upon 
which Lord Lauderdale asked the Chief Justice what 
law there was which punished with death the counter- 



230 REIGN OF GEORGE III. 

CHAP, feiting idiocy in a court of justice; and told him that 

i-if 

he thought his story was a stronger illustration of my 
doctrines than any of the instances which I had men- 
tioned." 

Lord Ellenborough was equally opposed to every 
improvement in the law of Debtor and Creditor, and 
prophesied the utter ruin of commercial credit and the 
subversion of the empire if the invaluable right of ar- 
resting on mesne process should ever be taken away, 
or the fatal principle of cessio bonorum ' should ever be 
recognized in this country, so as that an honest insol- 
vent might be entitled to be discharged out of prison 
on yielding up the whole of his property to his cred- 
itors. 2 

I may perhaps feel some little pride in beholding 
England, after the passing of bills, which I had the 
honor to introduce into parliament, to take away " the 
invaluable right," and to establish " the fatal principle," 
more wealthy and more prosperous than she ever 
was betore. 

His dislike Lord Ellenborough had seen very little of foreign 
aws. re1 ' ' countries, and was rather intolerant of what he con- 
sidered un English. While in Paris, he went to attend 
a criminal trial at the Cour d : Assises, but when the 
interrogatory of the prisoner began, he made off, saying 
that it was contrary to the first principles of justice to 
call upon the accused to criminate himself. He saw 
still stronger reason to be disgusted with their civil 
procedure. He had hired a carriage by the day, with 
a coachman, from the remise. On one of the quais the 
coachman, by furious driving, wilfully damaged some 
crockery-ware exposed to sale by an old woman. She 
screamed ; a sergcnt de -ville came up, the carriage was 
stopped, and Milord Anglais was called upon to pay a 

:. Surrender of goods. 

2. 19 Parl. Deb 1169-1172 ; 20 Parl. Deb. 229, 606 7. 



LIFE OF LORD ELLENBOROUGII. 23! 

large sum of money by way of amende. He denied his CI ^ P ' 
liability, and insisted that, according to the doctrine of 
Macmanus v. Cricket, i East, 106, the only remedy was 
against the coachman himself, or against the keeper of 
the remise ; but he was cast, and had to pay damages 
and costs. 

The Chief Justice deserves great credit tor the 
exercise ot his influence in the appointment of puisne 
Judges. Lord Chancellor Eldon was in the habit of 
consulting him on this subject, and of being guided by 
his advice. Free from all petty jealousy, he chose for 
his colleagues Bayley, Dampierre, Holroyd, and 
Abbott. 1 

He never appeared before the world as an author, 
and, from the want of attention to English composition 
which prevails at English seminaries, he was signally 
unskilful in it. In his written judgments, as they ap- 
pear in the law reports, he betrays an utter disregard ot 
rhythm, and his hereditary love of parenthesis is con- 
stantly breaking out. 11 

It was in sarcastic effusions from the bench, and in 
jocular quips when mixing in society on equal terms 
with his companions, that he acquired his most brilliant 
renown. Westminster Hall used to abound with his 
facetice, and some of them (perhaps not the best) are 
still cited. 

A young counsel who had the reputation of being a His 

T. I have had the opportunity of reading the letters between Lord 
Eldon and Lord Eilenborough about the appointment of Judges; but 
such correspondence ought to remain for ever "secret and confi- 
dential." 

2. It is related of his father, the Bishop of Carlisle, that in pass- 
ing a work through the press, the proof-sheets, which were promised 
to be sent regularly, soon stopped, and that going to the printing 
office to remonstrate, the Devil said to him, "Please you, my Lord, 
your Lordship's MS. has already used up all our parentheses, but we 
have sent to the letter founder's for a ton extra, which we expect to 
be sent in next week." 



232 REIGN OF GEORGE III. 

CHAP. very impudent fellow, but whose memory failed him 
when beginning to recite a long speech which he had 
prepared, having uttered these words "The unfortu- 
nate client who appears by me the unfortunate client 
who appears by me My Lord, my unfortunate client " 
the Chief Justice interposed, and almost whispered in 
a soft and encouraging tone " You may go on, Sir so 
far the Court is quite with you." 

Mr. Preston, 1 the famous conveyancer, who boasted 
that he had answered 50,000 cases, and drawn deeds 
which would go round the globe, if not sufficient to 
cover the whole of its surface, having come special 
from the Court of Chancery to the King's Bench to 
argue a case on the construction of a will, assumed that 
the Judges whom he addressed were ignorant of the 

I. Richard Preston (1768-1850), legal author, only son of Rev. 
John Preston, of Okehampton, Devonshire, was born at Ashbur- 
ton in the same county in 1768. He began life as an attorney, but 
attracted the notice of Sir Francis Buller, by his first work, " An 
Elementary Treatise by Way of Essay on the Quantity of Estates," 
Exeter 1791, 8vo. By Buller's advice he entered in 1793 at the Inner 
Temple, where, after practising for some years as a certificated con- 
veyancer, he was called to the bar on May 20, 1807, was elected a 
bencher in 1834, in which year he took silk, and was reader in 1^44. 
Preston represented Ashburton in the Parliament of iSi2-iS, and 
was one of the earliest and most robust advocates of the imposition of 
the corn duties. He had invested a large fortune, derived from his 
conveyancing practice, in land in Devonshire. In law, as in politics, 
he was intensely conservative, and thought the Fines and Recoveries 
Act a dangerous innovation ; but his knowledge of the technique of 
real property law was profound, and his works on conveyancing are 
masterpieces of patient research and lucid exposition. He was for 
some time professor of law at King's College, London. He died on 
June 20, 1820, at his seat, Lee House, Chulmleigh, near Exeter. 
Besides the work mentioned in the text Preston was author of : i. 
"A Succinct View of the Rule in Shelley's Case," Exeter, 1794, 8vo. 
2. A volume of " Tracts " (on cross-remainders, fines and recoveries, 
and similar subjects), London, 1797, 8vo. 3. " \ Treatise on Con- 
veyancing," London, 1806-9, 2 vols., 8vo. ; 2d edit., 1813; 3d edit , 
1819-29 8vo. 4. "An Essay in a Course of Lectures on Abstracts of 
Title." London. 1818, 8vo.; 2d edit., 1823-4, 8vo. He also, edited in 
1828, Sheppard's "Touchstone of Common Assurances," London, 
Svo. j\'at. S'fff- Di(t. 



LIFE OF LORD ELLENBOROUGH. 233 

first principles of real property, and thus began his 
erudite harangue " An estate in fee simple, my Lords, 
is the highest estate known to the law of England." 
"Stay, stay," said the Chief Justice, with consummate 
gravity, " let me take that down." He wrote and read 
slowly and emphatically, " An estate in fee simple is 
the highest estate known to the law of England ;" 
adding, "Sir, the Court is much indebted to you for 
the information." ' There was only one person present 
who did not perceive the irony. That person having 
not yet exhausted the Year Books, when the shades of 
evening were closing upon him, applied to know when 
it would be their Lordships pleasure to hear the remainder 
of his argument? Lord Ellenborough. "Mr. Preston, 
we are bound to hear you out, and I hope we shall do 
so on Friday but alas! pleasure has been long out of 
the question." 

Another tiresome conveyancer having, towards the 
end of Easter Term, occupied the Court a whole day 
about the merger of a term, the Chief Justice said to 
him, " I am afraid, Sir, the TERM, although a long one, 
will merge in your argument." 

i. Chief Justice Gibbs once told me this anecdote of Serjeant 
Vaughan, who, although a popular advocate and afterwards made a 
Judge, was utterly ignorant of the rudiments of the law of real 
property, and terribly alarmed lest he should commit some absurd 
blunder. " He was arguing a real property case before me, of which 
he knew no more than the usher, and he laid down Preston's prop- 
osition that ' an estate in fee simple is the highest estate known to 
the law of England.' I, wishing to frighten him, pretended to start, 
and said, 'What is your proposition, brother Vaughan ? ' when, think- 
ing he was quite wrong and wishing to get out of the scrape, he 
observed, ' My Lord, I mean to contend that an estate in fee simple is 
on? of the highest estates known to the law of England that is, my 
Lord, that it may be under certain circumstances and sometimes is 
so." But the learned Serjeant had good qualities, which rendered 
him very popular although when he was promoted to the Bench by 
the interest of his brother, Sir Henry Halford, physician to George 
IV., it was said by the wags that he had a better title than any of 
his brethren, being a Judge by prescription. 



234 REIGN OF GEORGE III. 

CI L.t P ' James Allan Park, who had the character of being- 
very sanctimonious, having in a trumpery cause affected 
great solemnity, and said several times in addressing the 
Jury, " I call Heaven to witness as God is my Judge," 
&c. at last Lord Ellenborough burst out " Sir, I can- 
not allow the law to be thus violated in open Court. I 
must proceed to fine you for profane swearing five 
shillings an oath." The learned counsel, whose risibility 
was always excited by the jokes of a Chief Justice, is 
said to have joined in the laugh created by this pleas- 
antry. 

Mr. Caldecot, 1 a great Sessions lawyer, but known 

I. " Thomas Caldecott, (1743-1833) lawyer, book collector, and 
Shakespearean student, was educated at New College, Oxford, where 
he obtained a fellowship and proceeded B.C.L. on Oct. 24 1770. He 
was called to the bar at the Middle Temple; afterwards became a 
bencher, and was for many years a prominent member of the Oxford 
circuit. He published, in continuation of Sir James Kurrow's ' Re- 
ports,' two volumes of ' Reports of Cases relative to the duty and 
office of a Justice of the Peace from 1776 to 1785' (2 vols. 1786, 
1789). Caldecott died at the age of ninety, at Dartford, at the end 
of May, 1833. He best deserves to be remembered as a book col- 
lector and Shakespearean student. He laid the foundation of his 
library at an early age, and at his death it was singularly rich in 
sixteenth-century literature. He was a regular attendant at the 
great book sales, and many of Farmer's, Stevens's, West's, and Pear- 
son's books passed to him. He bequeathed to the Bodleian an inval- 
uable collection of Shakespearean quartos, some of which cost him 
the merest trifle, but the bulk of his library was sold by auction by 
Messrs. Sotheby between Dec. 2 and 7, 1833. Dr. Dibdin, the bibli- 
ographer, described the rarest books in three papers contributed to 
the Gentleman's Magazine for 1834 (pt. I. pp. 59, 195, 284). Calde- 
cott had views of his own on Shakespearean editing. Dibdin describes 
him as ' the last of the old breed of Shakespearean commentators of 
the school of Johnson and Stevens,' and he certainly had character- 
istic contempt for Malone, Stevens, and the Shakespearean scholars 
of his own day. After many years' labor he published privately in 
1832 a volume containing 'Hamlet' and ' As You Like It,' with 
elaborate notes. This was intended to be the first instalment of a 
final edition of Shakespeare. But the compilation proved singularly 
feeble and was not continued. Caldecott was well acquainted with 
'honest Tom Warton ' and Bishop Percy, and entered heartily into 
the former's quarrels with Ribson, whom he styles in a letter to 
Percy, ' that scurrilous miscreant.' Nat. Biog. Diet. 



LIFE OF LORD ELLENBOROUGH. 235 

as a dreadful bore, was arguing a question upon the rate- 
ability of certain lime quarries to the relief of the poor, 
and contended at enormous length that, " like lead and 
copper mines, they were not rateable, because the lime- 
stone in them could only be reached by deep boring, 
which was matter of science." Lord Ellcnboroitgh, C. 
J. " You will hardly succeed in convincing us, Sir, 
that every species of boring is ' matter of science! " 

A declamatory speaker (Randle Jackson, 1 counsel 
for the E. I. Company), who despised all technicalities, 
and tried to storm the Court by the force of eloquence, 
was once, when uttering these words, " In the book of 
nature, my Lords, it is written " stopped by this ques- 
tion from the Chief Justice, " Will you have the good- 
ness to mention the page, Sir, if you please?" 

A question arose, whether, upon the true construc- 
tion of certain tax acts, mourning coaches attending a 
funeral were subject to the post-horse duty ? Mr. 
Gaselee/'' the counsel lor the defendant, generally con- 

1. "Randle Jackson (1757-1837), parliamentary counsel, son of 
Samuel Jackson of Westminster, was matriculated at Oxford |uly 17, 
1789, at the age of thirty-two (Foster, Alumni Oxonieiisis). A member 
first of Magdalen Hail, afterwards of Exeter College, he was created 
M.A. May 2, 1793. In the same year, on Feb. 9, he was called to the 
bar by the Middle Temple (Foster; the Georgian Era n, 548, says 
by Lincoln's Inn). He was admitted ad eundem at the Inner Temple 
in 1805, and became a bencher of the Middle Temple in 1828. Jack- 
son won a considerable reputation at the bar, and acted as parlia- 
mentary counsel of the East India Company and of the corporation 
of London. Five or six of his speeches delivered before parliamen- 
tary committees or the proprietors of East India stock on the griev- 
ances of cloth-workers, the prolongation of the East India Com- 
pany's charter, etc., were printed. Jackson died at North Brixton 
March 15, 1837. Besides his speeches, Jackson published: I. 'Con- 
siderations on the Increase of Crime,' London, 1828, 8vo. 2. ' A 
Letter to Lord Henley, in answer to one from his Lordship request- 
ing a vote for Middlesex, and with observations on his Lordship's 
plan for a reform in our church Establishment,' London, 1832, 8vo.'' 
Nat. flioff. Diet. 

2. " Sir Stephen Gaselee (1762-1839), justice of the court of common 
pleas, was the son of Stephen Gaselee, an eminent surgeon at Ports- 
mouth, where he was born in 1762. He was admitted a student at 



236 KEIGN OF GEORGE III. 

CHAP, sidered a dry special pleader, aiming for once at elo- 
quence and pathos, observed " My Lords, it never 
could have been the intention of a Christian legislature 
to aggravate the grief felt by us in following to the 
grave the remains of our dearest relatives, by likewise 
imposing upon us the payment of the post-horse duty." 
Lord Ellcnboroitgh, C.J. "Mr. Gaselee, may there not 
be some danger in sailing up into these high sentimen- 
tal latitudes?" 

A very doubtful nisi prius decision being cited 
before him, he asked, "Who ruled that?" Being 
answered "The Chief Justice of the Isle of Ely "he 
replied "Cite to me the decisions of the 'Judges of the 
land not of the Chief Justice of the Isle of Ely " 
adding in a stage whisper, " who is only fit to rule a 
copybook." * 

A Quaker coming into the witness box at Guildhall 
without a broad brim or dittoes, and rather smartly 
dressed, the crier put the book into his hand and was 

Gray's Inn on Jan. 29, 1781, but he was not called to the bar until 
Nov. 2O, 1793. He had the advantage of being a pupil of Sir Vicary 
Gibbs, under whose instruction he became a skiltul special pleader. 
He joined the western circuit, and was so much respected as a care- 
ful and well-informed junior, that when, after twenty-six years' 
practice, he was made a king's counsel in Hilary term, 1819, his pro- 
fessional income was probably diminished. Though he was not ora- 
tor enough to commence practice as a leader, his deserved reputation 
for legal knowledge soon recommended him for a judge's place. On 
the resignation of Sir John Richardson, he was selected on July I, 
1824, to supply the vacant justiceship in the common pleas, became 
a serjeant-at-law July 5, 1824, and was knighted at Carlton House 
on April 27 in the following year. In that court he sat for nearly 
thirteen years, with the character of a painstaking and upright judge. 
He was a vice-president and an active member of the Royal Humane 
Society, and is said to have been the original of the irascible judge 
represented by Dickens in the trial of Bariittl v. Pickwick, under the 
name of Justice Starleigh. He resigned his judgeship at the end of 
Hilary term, 1837, and after two years' retirement died at 13 Mon- 
tague Place, Russell Square, London, on March 26, 1839. His wife 
was Henrietta, daughter of James Harris, of the East India Com- 
pany's service." Nat. Biog, Diet. 

l. This was Christian, a far-away cousin of Lord Ellenborough. 



LIFE OF LORD EI.LENBORCUGH. 237 

about to administer the oath, when he required to be 
examined on his affirmation. Lord Ellenborough ask- 
ing if he was really a Quaker, and being answered in the 
affirmative, exclaimed, " Do you really mean to impose 
upon the Court by appearing here in the disguise ol a 
reasonable being? " 

A witness dressed in a fantastical manner having 
given very rambling and discreditable evidence, was 
asked in cross-examination, " What he was ? " Witness 
" I employ myself as a surgeon." Lord Ellenborongh, 
C. J. " But does any one else employ you as a siirgeon ? " 

A volunteer corps ol Wesminster shopkeepers, while 
exercising in Tothill Fields, being overtaken by a violent 
storm of wind and rain, took shelter in Westminster Hall, 
while he was presiding in the adjoining Court of King's 
Bench. Lord Ellenborough, C.J. "Usher, what is the 
meaning of that disturbance ? " Usher. " My Lord, it 
is a volunteer regiment exercising, your Lordship." 
Lord Ellenborough, C. J. "Exercising! We will see 
who is best at that. Go, Sir, to the Regiment, and in- 
form it, that if it depart not instantly 1 will commit 
it the custody of a tipstaff." The noble and learned 
Lord seems to have forgotten his own military enthu- 
siasm when he exercised in the awkward squad of the 
" DEVIL'S OWN.' 

At a Cabinet dinner of " All the Talents" Lord 

being absent, and some one observing that he was 
seriously ill, and like to die: " Die!" said Lord Ellen- 
borough "why should he die? What would he get 
by that?" 

Henry Hunt, 1 the famous demagogue, having been 

I. Henry Hunt, a political agitator and mob orator, born in Wilt- 
shire Nov. 6, 1773. The quiet pursuit of farming he quitted in order 
to embark on the troubled sea of politics; and his hearty advocacy 
of extreme Radical doctrines soon rendered him the darling of the 
mob. A meeting over which he presided at Manchester (1819) was 
dispersed by the authorities; and Mr. Hunt, being prosecuted, was 



238 REIGN OF GEOKGE III. 

CHAP, brought up to receive sentence upon a conviction for 
holding a seditious meeting, began his address in miti- 
gation of punishment, by complaining of certain persons 
who had accused him of "stirring up the people bv 
dangerous eloquence." Lord Ellenborough, C.J. (in a very 
mild tone)." My impartiality as a Judge calls upon 
me to say, Sir, that in accusing you of that they do 
you great injustice." 

The following dialogue between the same Chief 
Justice and the same demagogue we have on the 
authority of Mr. Justice Talfourd, 1 who was present 
at it: 

sentenced to two years and a half imprisonment, to pay a fine of 
looo/. , and to give surety for his future good conduct. On his libera- 
tion, he made a kind of triumphal entry into London. After several 
unsuccessful attempts to enter parliament, he was at last elected for 
Preston; but, to the astonishment of his admirers, his eloquence, so 
effective out of doors, produced little or no effect in the House of 
Commons. Died Feb. 13, 1835. Cooper' ' s Bios;. Diet. 

I. " That a devotion to literature and the possession of a poetic 
genius are not necessarily incompatible with abstruser studies, nor 
absolute impediments to professional success, is exemplified in the 
career of Sir Thomas Noon Talfourd, who from the beginning to the 
end of his life united to the labors of the law the more agreeable 
avocations of an essayist, a poet, and a dramatist. The union of 
these apparently opposite studies did not prevent him from obtaining 
a considerable mastery of both; nor did the general reputation of 
this double occupation induce the legal world to suppose that he 
would neglect or fail in his exertions for them, because he employed 
himself occasionally in lighter pursuits. It is not, perhaps, too 
much to say that he owed his success and his promotion as much to 
his literary as to his legal character; and it is not improbable that in 
the future he will be remembered more as the author of ' Ion ' and 
as the friend and biographer of Charles Lamb than as one of the 
judges of Westminster Hall. This divided empire, however, of 
literature and law is not one to be recommended, and the success in 
this instance must be taken more as the exception than as the rule. 
Thomas Noon Talfourd was the son of Edward Talfourd, a brewer 
at Reading, not in very prosperous circumstances, and of a daughter 
of the Rev. Thomas Noon, an independent minister there. He was 
born at Reading on January 26, 1795. His education commenced at 
the dissenters' school at Mill Hill, and proceeded at the grammar 
school at Reading, then holding a high character under the guidance 
of the celebrated Dr. Valpy. At the latter were strengthened and 
confirmed those poetic and dramatic inclinations which he had shown 



LIFE OF LORD ELLENBOROUGH. 239 

" Lord Ellenborough had come down after an interval, 
during which his substitutes had made slow progress, and was 

from his earliest youth, and the indulgence of which had hitherto 
been confined to the sacred dramas of Hannah More, and works of 
that class. He displayed his talent in some juvenile pieces, long 
since suppressed: but he always attributed his future more matured 
efforts to the classical taste which he imbibed from his accomplished 
preceptor. After gaining many of the prizes and other distinctions 
of the school, stern necessity obliged him to quit the flowery paths 
of elegant literature, and to seek the means of subsistence in London. 
There, to support himself, he obtained employment as a newspaper 
reporter, and as a regular contributor to periodical publications. 
At the same time he sought instruction in the intricacies of law from 
the eminent special pleader, Mr. Joseph Chitty; and to qualify him- 
self for the grade of a barrister he partook of all the initiatory 
dinners at the Middle Temple, no further preparation being at that 
time required. His novitiate being completed he was called to the 
bar on February 9, 1821, and attended the Oxford circuit, where for 
some time he was engaged in reporting the assize business for the 
"Times," and obtained great credit for the impartial manner in 
which he detailed the exertions of his colleagues, and for the modest 
avoidance of his own name when he happened to be engaged. 
Thus gaining the respect of his associates, his genial qualities soon 
made him a general favorite; and the observance of his industry in 
reporting, and the competent knowledge which it indicated, brought 
him a gradual increase of business from those who distribute pro- 
fessional favors. To these recommendations was added a powerful 
and attractive style of oratory, which greatly availed him when 
taking a leading part, and at the end of twelve years the position he 
had secured justified him in applying for the distinction of a silk 
gown. He took the degree of a Serjeant in 1833; and when the 
court of Common Pleas was soon after opened to all barristers he 
received a patent of precedence which gave him rank in all the 
courts. He had two years before been selected as deputy recorder 
of the town of Banbury. From this time he proceeded with dis- 
tinguished success, and eventually became the acknowledged head 
of his circuit. In the metropolis also he shared with the eminent 
counsel who then graced the courts the conduct of the more 
important conflicts that engaged them; never sacrificing the inter- 
ests of his clients to a love of display, and being as successful in 
their management and gaining as many verdicts as the most popular 
of his competitors. Two events occurring in the year 1835 tended 
greatly to extend his fame, his entrance into parliament as the 
representative of his native town, and the appearance of his tragedy 
of ' Ion ' on the stage. In the former he soon became conspicuous, 
not only for his oratorical powers, by which lawyers do not gen- 
erally make themselves acceptable to the House, but for two great 
measures which he advocated with extraordinary zeal and effect; 
one securing to the mother the right to have access to her children 



240 



REIGN OF GEORGE III. 



CHAP, rushing through the list like a rhinoceros through a sugar 
plantation, or a Common Serjeant in the evening through a 
paper of small larcenies ; but just as he had non-suited the 
plaintiff in the twenty-second cause, which the plaintiff's attor- 
ney had thought safe till the end of a week, and was ahout to 
retire to his turtle, with the conviction of having done a very 
good morning's work, an undeniable voice exclaimed, 'My 
Lord ! ' and Mr. Hunt was seen on the floor with his peculiar 
a jr perplexed between that of a bully and a martyr. The 
Bar stood aghast at his presumption ; the ushers' wands 
trembled in their hands ; and the reporters, who were retiring 
after a very long day, during which, though some few City 
firms had been crushed into bankruptcy, and some few hearts 
broken by the results of the causes, they could honestly de- 

as long as her character is unstained; and the other securing to the 
author an extended period during which he or his family may enjoy 
the fruits of his labors. To the next parliament of 1841 Mr. Ser- 
jeant Talfourd was not returned, but in that of 18.47 he resumed his 
seat for Reading till his elevation to the bench. His dramatic 
efforts during this interval did not meet with the brilliant success 
that attended the production of ' Ion.' They consisted of ' The 
Athenian Captive,' and the 'Massacre of Glencoe,' which were 
both acted, and ' The Castilian,' which was privately circulated. 
His other publications were numerous, among the most important of 
which were ' Vacation Rambles,' a ' Life of Charles Lamb,' and an 
'Essay on the Greek Drama,' contributed to a cyclopaedia. It was 
not till eight-and-twenty years after his call to the bar, and sixteen 
years after he took the degree of Serjeant, that he was admitted 
into the judicial college. Upon the lamented death of Mr. Justice 
Coltman, Serjeant Talfourd was called upon, in July 1849, to take 
his place as a judge of the Common Pleas: where he received the 
accustomed honor of knighthood. The periodical press was loud in 
the expression of the universal feeling of pleasure which the appoint- 
ment occasioned; and during the five years that he administered 
justice on the bench he did not disappoint the general expectation. 
Though not what is called a black-letter lawyer, his great good sense 
and extreme desire to do justice, his vigorous intellect and his prac- 
tical experience, his personal amiability and urbanity towards all, 
made him a most satisfactory judge. His career was closed by an 
awful termination. While delivering his charge to the grand jury at 
Stafford on March 13, 1854, and recommending in emphatic terms a 
closer connection between the rich and the poor, he was, in the 
middle of an effective passage, suddenly struck with apoplexy, and 
ere a few moments had elapsed had gone to his great account. He 
married in 1821 the daughter of Mr. John Towell Rutt, a merchant 
of London and one of his earliest friends. She survived him, 
having brought him a numerous family." Foss's Judges of England. 



LIFE OF LORD ELLENBOROUGH. 24! 

scribe as ' affording nothing of the slightest interest except to 
the parties," rushed back and seized their note-books to catch 
any word of that variety of rubbish which is of ' public inter- 
est.' My Lord paused and looked thunders, but spoke none. 
' I am here, my Lord, on the part of the boy Dogood,' pro- 
ceeded the undaunted Quixote. His Lordship cast a moment's 
glance on the printed list, and quietly said, ' Mr. Hunt, I see 
no name of any boy Dogood in the paper of causes,' and 
turned towards the door of his room. ' My Lord ! ' vociferated 
the orator, 'am I to have no redress for an unfortunate youth ? 
I thought your Lordship was sitting for the redress of injuries 
in a court of justice.' 'O no, Mr. Hunt,' still calmly re- 
sponded the Judge ' I am sitting at Nisi Prius ; and I have 
no right to redress any injuries, except those which may be 
brought before the jury and me, in the causes appointed for 
trial.' 'My Lord,' then said Mr. Hunt, somewhat subdued 
by the unexpected amenity of the Judge, ' I only desire to 
protest.' 'Oh, is that all?' said Lord Ellenborough : 'by all 
means protest, and go about your business ! ' So Mr. Hunt 
protested and went about his business ; and my Lord went 
unruffled to his dinner, and both parties were content." * 

While the old Lord Darnley, against whom Lord 
Ellenborough had a special spite, was making- a tiresome 
speech in the House of Lords, he rose up and said, 
with that quaint and dry humor which rarely suffered 
his own muscles to relax, but loud enough to be heard 
by three-fourths of the Peers present, " I am answer- 
able to God for my time, and what account can I give 
at the day of judgment if I stay here any longer?" 

A very tedious Bishop having yawned during his 
own speech, Lord Ellenborough exclaimed, " Come, 
come, the fellow shows some symptoms of taste, but 
this is encroaching on our province." 

Of Michael Angelo Taylor, who, though very short 
of stature, was well knit, and thought himself a very 
great man Lord Ellenborough said, " his father, the 
sculptor, had fashioned him for a pocket Hercules." 

I. Talfourd's "Vacation Rambles." 



242 REIGN OF GEORGE III. 

CI AP - At the coming in of the "TALENTS" in 1806, Ers- 
kine himself pressed the Great Seal upon Ellenborough, 
saying that " he would add to the splendor of his rep- 
utation as Lord Chancellor." Ellenborough knowing 
that on his own refusal, Erskine was to be the man, 
exclaimed, " How can you ask me to accept the office 
of Lord Chancellor when I know as little of its duties 
as you do ? " ' 

Being told that the undertaker had made a foolish 
mistake in the hatchment put up on Lord Kenyon's 
house after the death of that frugal Chief Justice, MORS 
JANUA VITA, his successor exclaimed, " No mistake at 
all, Sir there is no mistake it was by particular direc- 
tions of the deceased in his will it saved the expense 
of a diphthong! " 

From these sayings it might be thought that he 
was uniformly cynical and even acrimonious, but he 
spoke rather from a love of fun than from any malig- 
nity, and he had in him a large stock of good humor and 
bonhomie, which, producing little epigrammatic point, 
is in danger of being forgotten. He was an extremely 
agreeable companion. " The pungency of his wit," 
said an old class-fellow, " his broad, odd, sometimes 
grotesque jokes, his hearty merriment, which he seemed 
to enjoy, rather by a quaint look and indescribable 
manner than by any audible laughing, altogether 
formed a most lively and delightful person, whether to 
hear or see." 
LordEiien- In domestic life Lord Ellenborough was exceedingly 

borough in . , . , , 

domestic amiable, though on rare occasions a little hasty. It was 
reported that Lady Ellenborough, by doing what all 
ladies then considered very innocent, trying to smug- 
gle some lace, caused the family coach to be seized as 
forfeited, and that he calmly said, " We have only to 
pay the penalty." But if Rogers is to be believed, he 

I. Ex relations the present Earl of Ellenborough. 



LIFE OF LORD ELLENBOROUGH. 243 



<Hd not show such equanimity when he thought that a 
bandbox had been improperly put into the carriage by 
her Ladyship. The author of the ' Pleasures of Mem- 
ory ' used often to relate the following anecdote: 

" Lord Ellenborough was once about to go on the 
circuit, when Lady Ellenborough said that she should 
like to accompany him. He replied that he had no 
objection, provided she did not encumber the carriage 
with bandboxes, which were his utter abhorrence. 
During the first day's journey, Lord Ellenborough, 
happening to stretch his legs, struck his foot against 
something below the seat. He discovered that it was 
a bandbox. Up went the window and out went the 
bandbox. The coachman stopped, and the footmen, 
thinking that the bandbox had tumbled out of the win- 
dow by some extraordinary chance, were going to pick 
it up, when Lord Ellenborough furiously called out, 
' Drive on ! ' The bandbox accordingly was left by the 
ditch-side. Having reached the county-town where 
he was to officiate as Judge, Lord Ellenborough pro- 
ceeded to array himself for his appearance in the 
Court-house. ' Now,' said he, ' where's my wig where 
is my wig ? ' ' My Lord,' replied his attendant, ' it was 
thrown out of the carriage window.' " l 

Lord Ellenborough was above the middle size, and Hisfi ur 
sinewy, but his figure was ungainly, and his walk sin- andman ' 
gularly awkward. He moved with a sort of semi- 
rotary step, and his path to the place to which he 
wished to go was the section of a parabola. When he 
entered the court he was in the habit of swelling out 
his cheeks by blowing and compressing his lips, and 
you would have supposed that he was going to snort 
like a war horse preparing for battle. His spoken dic- 
tion, although always scholarlike, rather inclined to 
the sesquipedalian ; his intonation was deep and solemn, 

I. Table Talk of Samuel Rogers, p. 197. 



244 REIGN OF GEORGE III. 

CHAP. and certain words he continued through life to pro- 
nounce in the fashion he had learned from his Cum- 
brian nurse. These peculiarities, which were of course 
well known to the public, made him a favorite subject 
for mimicry. Charles Mathews, 1 the celebrated come- 
ofthe Chief dian, who had unrivalled felicity of execution in this 
line, to the infinite delight of a crowded theatre, 
brought the Lord Chief Justice on the stage in the 
farce of LOVE, LAW, AND PHYSIC. His Lordship did 
not appear as one of the Dramatis Persona, but Flexible, 
the Barrister (personated by Mathews), in giving an 
account of a trial in which he had been counsel, having 
very successfully taken off Erskine and Garrow, when 
he came to the summing up, in look, gesture, language, 
tone, and accent, so admirably represented the Lord 
Chief Justice of the King's Bench, that the audience, 
really believing they were in the presence of the ven- 

i. CHARLES MATHEWS, a celebrated comedian, was born in Lon- 
don June 28, 1776, and after receiving a sound education at Merchant 
Taylor's School, was apprenticed to his father, who kept a booksel- 
ler's shop in the Strand. To the horror of his family, who were rigid 
Methodists, he showed a decided inclination for the stage, and after 
appearing as an amateur at several provincial theatres obtained an 
engagement at the Theatre Royal, Dublin. His histrionic reputa- 
tion, however, was built up some years later on the York circuit, he 
having joined the company of the well-known Tate Wilkinson. On 
May 16, 1803, he made his first appearance on the London boards at 
the Haymarket Theatre, as ' Jubal ' in ' The Jew,' and he continued 
to act there during several seasons with considerable success. In 
1804 he was engaged at Drury Lane, and in 1812 at Covent Garden, 
having risen to the highest rank among the professors of the mimic 
art. Among the characters in which he mostly excelled were ' Maw- 
worm,' ' Sir Fretful Plagiary,' ' Morbleu,' ' Monsieur Mallet,' ' Dick 
Cypher,' and ' Multiple,' in the ' Actor of All Work.' In 1818 he 
abandoned the regular drama and commenced a species of entertain- 
ment in the form of a monologue, which, under the name of ' Math- 
ews at Home.' proved highly successful, and drew large audiences 
not only in the metropolis, but in almost every theatre in the king- 
dom, and also in the United States, which he twice visited. The 
result of his first voyage across the Atlantic suggested the materials 
for a new entertainment called ' A Trip to America.' Mr. Mathews 
died at Plymouth, June 28, 1835. Cooper's iog. Diet. 



LIFE OF LORD ELLENBOROUGH. 245 

erable Judge, remained in deep and reverential silence 
till he had concluded, and then after many rounds of 
applause made him give the charge three times over. 
Mrs. Mathews, in her entertaining 'Memoirs of her 
husband,' says " When he came to the Judge's summing 
up, the effect was quite astounding to him, for he had 
no idea of its being so received. The shout of recog- 
nition and enjoyment indeed was so alarming to his 
nerves, so unlike all former receptions of such efforts, 
that he repented the attempt in proportion as it was 
well taken, and a call for it a second time fairly upset 
him, albeit not unused to loud applause and approba- 
tion." The Lord Chief Justice was exceedingly shocked 
to find all the papers next morning filled with com- 
ments on his charge in the famous case of Litigant v. 
Camphor, and in a fury he wrote to the Lord Chamber- 
lain, requiring his interposition, and observing, that 
since the ' Clouds of Aristophanes,' in which Socrates 
was ridiculed, there had not been such an outrage on 
public decency. The Lord Chamberlain appears im- 
mediately to have effected his object, in a private au- 
dience with Mathews, by a courteous representation, 
without even a hint of authoritative proceedings. Ac- 
cording to Mrs. Mathews, "his Lordship was soon 
satisfied that he had no occasion to use any argument 
to influence the performer, for Mr. Mathews proved to 
him at once that he had fully resolved, from the moment 
he found his imitation received with such extraordinary 
vehemence, not to repeat it." Notwithstanding urgent 
and vociferous requests and complaints of the audience 
at subsequent representations of LOVE, LAW, AND 
PHYSIC, the Judge's charge was heard no more in pub- 
lic. But soon afterwards Mathews received an invita- 
tion from the Prince Regent to Carlton House, and in 
the course of the evening H.R.H. began to speak of 
the extraordinary sensation caused by Flexible s recent 



246 REIGN OF GEORGE III. 

CHAP, imitation, adding that he would have given tne world 
to have been, present. Mathews well understood the 
royal hint, but was much embarrassed, for, glancing 
his eye round, it fell upon the Lord Chamberlain, who 
was looking particularly grave. The Prince observing 
Mathews's hesitation, said, " Oh don't be afraid ; we're 
all tiled here. Come, pray oblige me. I'm something 
of a mimic myself. My brother here (turning to the 
Duke of York) can tell you that my Chancellor Thur- 
low is very tolerable, only that I do not like to swear 
up to the mark. It was not so well that you should 
produce Chief Justice Ellenborough on the public 
stage, but here you need have no scruples." " The 
Prince was in raptures," says Mrs. Mathews, "and de- 
clared himself astonished at the closeness of the imita- 
tion, shutting his eyes while he listened to it with ex- 
cessive enjoyment, and many exclamations of wonder 
and delight, such as Excellent ! Perfect ! It is he him- 
self ! The Duke of York manifested his approval by 
peals of laughter, and the Princes afterwards conversed 
most kindly and agreeably on the subject with my hus- 
band and the high personages present." 

Hispor- Posterity may have a favorable and correct 

Lawrence, notion of Lord Chief Justice Ellenborough, from a 

portrait of him by Sir Thomas Lawrence, 1 in his judi- 

I. Sir Thomas Lawrence, a celebrated English portrait-painter, 
born at Bristol in 1769. His artistic talents were marvellously de- 
veloped in early childhood, when he was also remarkable for his 
memory, musical voice, and personal beauty. It is stated that he 
drew with a crayon accurate likenesses of eminent persons about 
the age of six years. In 1782 he became a pupil of Prince Hoare at 
Bath, and soon acquired the grace, inspiration, and delicacy of man- 
ner which rendered him unrivalled among contemporary English 
artists in the expression of female beauty. He removed to London 
in 1787, and was admitted as an associate of the Royal Academy in 
1791. In 1792 he succeeded Sir Joshua Reynolds as first painter to 
the king. From that time he was abundantly patronized at the rate 
of one hundred guineas for a full-length portrait. In 1797 he 
painted a portrait of Mrs. Siddons, which is one of his master- 
pieces. Between 1814 and 1820 he painted, by order of the prince- 



LIFE OF LORD ELLENBOROUGH. 247 



cial robes, which, covering his awkward limbs, repre- 
sents a striking likeness of him, and yet makes him 
appear dignified by portraying his broad and com- 
manding forehead, his projecting eyebrows, dark and 
shaggy, his stern black eye, and the deep lines of 
thought which marked his countenance. 

He lived in a handsome style suitable to his station Hisstyieof 

living". 

and the splendid emoluments which then belonged to 
the Chief Justiceship of the King's Bench. At first 
these did not exceed 8ooo/. a year, but on the death of 
Mr. Way, appointed by Lord Mansfield, the great 
office of Chief Clerk of the Court of King's Bench fell 
in, which formed a noble provision for him and his 
family. 1 Soon after he was made Chief Justice he left 
Bloomsbury Square for a magnificent house in St. 
James's Square. 2 To give an idea of its size to an old 

regent, the King of Prussia, the Emperor of Austria, Pope Pius VII., 
Wellington, and many famous generals and statesmen. He re- 
ceived the honor of knighthood in 1815, and visited Vienna and 
Rome in i8ig. On the death of Benjamin West, in 1820, Sir Thomas 
was elected president of the Royal Academy. Died in 1830. He 
excelled in the art of imparting ideal beauty to his subjects without 
departing from the reality. Among his master-pieces are por- 
traits of Benjamin West, John Kemble, Curran, Lord Erskine, Lady 
Cowper, and the Duchess of Sutherland. Thomas' Biog. Diet. 

1. It is said that he heard of Way's death while he was riding in 
Hyde Park, and that he immediately dismounted at a house in 
Knightsbridge and executed a deed filling up the office, lest he 
should die before appointing to it. 

2. The two short streets on the right of Pall Mall lead into St. 
James's Square, which dates from the time of Charles II., when the 
adjoining King Street and Charles Street were named in honor of 
the King, and York Street and Duke Street in honor of the Duke of 
York. In the centre was a Gothic conduit, which is seen in old 
prints and maps of London, with a steep gable and walls of colored 
bricks in diamond patterns. Its site is now occupied by a statue of 
William III. by the younger Bacon, 1808. The great Duke of Or- 
mond lived here in Ormond House, and his duchess died there. No. 
3 was the house of the Duke of Leeds. 

" When the Duke of Leeds shall married be 
To a fair young lady of high quality, 
How happy will that gentlewoman be 
In his grace of Leeds' good company ! 



248 REIGN OF GEORGE III. 



lawyer who lived in Chancery Lane, and to whom he 
was describing it, he said, " Sir, if you let off a piece 
of ordnance in the hall, the report is not heard in the 
bed rooms." ' He likewise bought a beautiful villa at 
Roehampton, which might almost rival Lord Mans- 
field's at Caen Wood. Nevertheless from fees and 
offices the profits of which he was entitled to turn to 
his own use, he left above 240,0007. to his family, be- 
sides the office of Chief Clerk of the King's Bench, 
commuted to his son for 7ooo7. a year during life. 

His Five sons and five daughters survived him. He 

children. 

bequeathed 20001. a-year to his widow, and 150007. to 
each of his younger children. The eldest, to whom 
the residue and the great office fell, is the present Earl 
of Ellenborough, 2 one of the most distinguished states- 
She shall have all that's fine and fair, 
And the best of silk and satin shall wear ; 
And ride in a coach to take the air. 
And have a house in St. James's Square." 

No. 15, which belonged to Sir Philip Francis, was lent to Queen 
Caroline (1820), and was inhabited by her during the earlier part of 
her trial. No. 16 was the house of Lord Castlereagh, who lay in 
state there in 1822. No. 17, the Duke of Cleveland's, is an interest- 
ing old house, and contains a fine picture of Barbara, Duchess of 
Cleveland, by Sir Peter Lely. No. 21, in the south-east corner, is 
Norfolk House, and has been inhabited by the Dukes of Norfolk 
since 1684. Hither Frederick Prince of Wales, when turned out of 
St. James's by George II., took refuge with his family till the pur- 
chase of Leicester House; and here George III. was born, June 4, 
1738, being a seven-months' child, and was privately baptized the 
same day by Seeker, Bishop of Oxford." Hare's Walks in LonJon. 

1. This was the first instance of a common law judge moving to 
the "West End." Hitherto all the common law judges had lived 
within a radius of half a mile from Lincoln's Inn; but now they are 
spread over the Regent's Park, Hyde Park Gardens, and Kensington 
Gore. 

2. Edward Law, first Earl of Ellenborough, a Tory statesman, and 
a son of Lord Ellenborough, was born in 1790. He inherited the 
title of baron in 1818, and was appointed lord privy seal in 1828. 
During the brief ministry of Sir Robert Peel in 1835 he was presi- 
dent of the Board of Control. He was appointed Governor-General 
of India in 1842, and, having annexed Scinde and Gwalior by con 
quest, was recalled in 1844 and raised to the rank of earl. He was 




LORD ELLENBOROUGH. 



LIFE OF LORD ELLENBOROUGH. 249 



men of the nineteenth century, who, by his eloquence 
and his administrative powers, has added fresh splen- 
dor to the name which he bears. 

Charles, 1 the second son, having risen by his own 
merit to be Recorder of London, and Member of Par- 
liament for the University of Cambridge, died at an 
early age. 

I have great pleasure in concluding this Memoir of 
Lord Chief Justice Ellenborough with a few artless 
but sweet and affecting lines from a Monody on his 
death, written by his favorite daughter ELIZABETH, 
then a little girl in the school-room, now the LADY 
COLCHESTER : 

first lord of the admiralty in 1845 and 1846. On the accession of the 
Derby-Disraeli ministry, in February, 1858, he became president of 
the Board of Control. The publication of a despatch in which he 
condemned Lord Canning's conduct in India, gave so much offence 
that Ellenborough resigned a few months after his appointment. 
The House of Lords, by a majority of nine, rejected a motion to 
censure him for his conduct in this affair. Died 1871. Thomas' 
Biog. Diet. 

I. ' ' Charles Ewan Law (I7g2-l85o), recorder of London, second son 
of Edward Law, first baron Ellenborough, by his wife, Anne, daugh- 
ter of George Phillips Towry of the victualling office, was born on 
June 14, 1792. He was educated at St. John's College, Cambridge, 
where he graduated M.A. 1812 and LL.D. 1847. Having been ad- 
mitted a member of the Inner Temple in 1813, Law was called to the 
bar on Feb. 7, 1817, and subsequently became a member of the home 
circuit. At a by-election in March, 1835, occasioned by the eleva- 
tion of Charles Manners-Sutton to the House of Lords as Viscount 
Canterbury, Law was returned unopposed to the House of Commons 
for the University of Cambridge as the colleague of Henry Goul- 
burn, with whom he continued to represent the constituency until 
his death. The only occasion on which his seat was contested was 
at the general election of 1847, when he was returned at the head of 
the poll as a protectionist, while Goulburn only narrowly escaped 
being defeated by Viscount Fielding. Law was a staunch tory, but 
did not take any prominent part in the debates of the House of 
Commons. He was a man of moderate abilities (Law Magazine, 
XLIV. 291). He died at No. 72 Eaton Place, Belgrave Square, Lon- 
don, on Aug. 13, 1850, aged 58, and was buried on the 2Oth of the 
same month at St. John's Church, Paddington, whence his remains 
were subsequently removed to Wargrave, Berkshire." Nat. Biog. 
Diet. 



250 REIGN OF GEORGE III. 

CHAP. " Ye who have mourn'd o'er life's departing breath, 

And view'd the sad and solemn scene of death, 
Whilst hanging still o'er him whose soul is fled, 
Have ye not felt the awful, silent dread, 
Which strikes the soul as we in vain deplore 
His loss, whose presence ne'er can cheer us more ! 
Those eyes are closed, whose fond approving glance 
Could once the bliss of each gay joy enhance ; 
Those lips are seal'd where truth for ever reign'd, 
Where wisdom dwelt, and piety unfeign'd ! 

***** 

Such was the father whom we now bewail, 
But what can tears or poignant grief avail? 
Can they recall him to this earth again ? 
False, flatt'ring hope ! ah ! wherefore art thou vain? 
***** 

Rais'd above earth and ev'ry earth-born care, 
For Heav'n's eternal joys our souls prepare, 
Till ev'ry feeling, taught on high to soar, 
Our hearts shall taste of bliss unknown before. 

"St. James's Square. Dec. 1818." 




LORD TENTERDEN. 



LIFE OF LORD TENTERDEN. 25 1 



CHAPTER LII. 

LIFE OF LORD TENTERDEN, FROM HIS BIRTH TILL HIS 
ELEVATION TO THE BENCH. 

The subject of this memoir seems to offer an un- CHAP. 

LII. 
promising task to the biographer. Lord Tenterden Disadvan- 

. . tages and 

was of very obscure origin; scarcely an anecdote re- advantages 

... i 11 j i . in the task 

mains ol his schoolboy days; his university career, of writing 
though highly creditable, was not marked by any e " 
extraordinary incidents ; while at the bar he was more 
distinguished by labor than brilliancy ; he did not even 
attain the easy honor of a silk gown ; till raised to the 
Bench he never held any office more distinguished than 
that of " Devil to the Attorney General ;" he neither 
was, nor wished to be, a member of the House of Com- 
mons; when made a puisne Judge he was believed to 
have reached the summit of his ambition ; afterwards 
unexpectedly placed in the House of Lords, his few 
speeches there were distinguished for flatness or ab- 
surdity ; he was dull in private life as well as in public; 
and neither crimes nor follies could ever be imputed to 
him. Yet is his career most instructive, and by a 
writer who does not depend upon wonder-stirring vi- 
cissitudes, it might be made most interesting. The 
scrubby little boy who ran after his father, carrying 
for him a pewter basin, a case of razors and a hair- 
powder bag, through the streets of Canterbury, became 
Chief Justice of England, was installed among the Peers 
of the United Kingdom, attended by the whole profes- 
sion of the law, proud of him as their leader ; and when 



252 REIGN OF GEORGE III. 

C LU P ' tne names f orators and statesmen illustrious in their 
day have perished with their frothy declamations, Lord 
Tenterden will be respected as a great magistrate, and 
his judgments will be studied and admired. 

Although there be something exciting to ridicule in 
the manipulations of barbers, according both to works 
of fiction and to the experience of life, there is no trade 
which furnishes such striking examples of ready wit, 
of entertaining information, and of agreeable manners. 1 
This superiority of barbers may have at first arisen 
from their combination of bleeding and bone-setting 
with shaving and haircutting but since they ceased to 
act as surgeons it can only by accounted for by their 
being admitted to familiar, intercourse with their custo- 
mers in higher station, whom they daily visit, and by 
the barber's shop being the grand emporium for the 
circulation of news and scandal. 

Lord Ten- At the corner of a narrow street, opposite to the 
father and stately western portal of the Cathedral of Canterburv, 

mother. 

stood a small house, presenting in front of it a long pole, 
painted of several colors, with blocks in the window, 
some covered with wigs and some naked, a sign over 
the door, bearing the words " ABBOTT, HAIRDRESSER," 

I. One of the most intimate friends I ever had in the world was 
Dick Danby, who kept a hairdresser's shop under the Cloisters in 
the Inner Temple. I first made his acquaintance from his assisting 
me, when a student at law, to engage a set of chambers ; he after- 
wards cut my hair, made my bar wigs, and assisted me at all times 
with his valuable advice. He was on the same good terms with 
most of my forensic contemporaries. Thus he became master of all 
the news of the profession ; and he could tell who were getting on 
and who were without a brief, who succeeded by their talents and 
who hugged the attorneys, who were desirous of becoming puisne 
judges and who meant to try their fortune in parliament, which of 
the Chiefs was in a failing state of health, and who was next to be 
promoted to the collar of SS. Poor fellow! he died suddenly, and 
his death threw a universal gloom over Westminster Hall, unre- 
lieved by the thought tha-t the survivors who mourned him might 
pick up some of his business, a consolation which wonderfully 
softens the grief felt for the loss of a Nisi prius leader. 



LIFE OF LORD TENTERDEN. 253 



and on the sides of the door " Shave for a penny 
hair cut for twopence, and fashionably dressed on reas- 
onable terms." This shop was kept by a very decent, 
well-behaved man, much respected in his neighborhood, 

who had the honor to trim the whole Chapter and to 
cauliflower their wigs as they were successively in res- 
idence, and who boasted that he had thrice prepared 
his Grace the Archbishop for his triennial charge to the 
clergy of the diocese. But he was not the pert, garrul- 
ous, bustling character which novelists who introduce 
heroes of the razor and scissors love to portray. He 
was depicted by one who had known him well for 
many years as " a tall, erect, primitive-looking man, 
with a large pig-tail, which latterly assumed the aspect 
of a heavy brass knocker of a door. 1 From his clerical 
connection he had a profound veneration for the 
Church, which we shall see was inherited by his off- 
spring. His wife, in her humble sphere, was equally to 
be praised, and without neglecting her household 
affairs, she was seldom absent from the early service of 
the Cathedral. 

Struggling with poverty, their virtues were re- 
warded with a son, who thus modestly recorded their 
merits on his tomb, 

" Patre vero prudenti, matre pia ortus." * 
This was Charles, their youngest child, the future 

A.D. 1762. 

Chief Justice of England, who was born on 7th ofBirthof 

/~ . i , Lord Ten- 

October, 1762. terden. 

His infancy offered no omens or indications of his 
future eminence. Though always steady and well 
behaved, he was long considered a very dull lad, and it 
is said that his father, who intended that he should 
succeed him as a barber, used to express apprehensions 
lest he should be obliged to put the boy to another 

1. Gentleman's Magazine. 

2. " Born of a wise father and a pious mother." 



254 REIGN OF GEORGE III. 



trade requiring less genius. Having learned to read at 
His eary a dame's school, little Charley used to be employed in 

cduCtit ion. * J 

carrying home the wigs that had been properly frizzed 
and pomatumed, and he would accompany his father 
on the morning rounds to be made in the Cathedral 
close and in other parts of the city. We have trans- 
mitted to us a graphic description of the old gentleman 
" going about with the instruments of his business under 
his arms, and attended frequently by his son Charles, a 
youth as decent, grave, and primitive-looking as him- 
self. 1 

But the youth's obscure destiny, which seemed 
inevitable, was suddenly changed to one highly intel- 
lectual, and he became nearly the finest classical scholar 
and the very best lawyer of his generation in England. 
terden T a e t n " This he owed to his admission on the foundation of the 
school^"" 7 King's School, connected with Canterbury Cathedral, 
which had been founded by Henry VIII. and was then 
taught by Dr. Osmund Beauvoir, who was not only a 
very learned man but an admirable teacher, and eager 
to discover and to encourage talent in the boys under 
his care, whether of high or of humble degree. Young 
Abbott, notwithstanding his demureness, was soon 
found out by this discriminating master, and as great 
pains were bestowed upon him as if he had been the 
son of a Duke or an Archbishop. We have interesting 
portraits of him in his boyhood by two of his school- 
fellows. Says Sir Egerton Brydges,* who pretended to 

1. Gentleman's Magazine. 

2. Sir Samuel Egerton Brydges, a genealogist and miscellaneous 
writer, second son of Edward Brydges, Esq., of Wooton Court, 
Kent, where he was born Nov. 30, 1762. He received his academi- 
cal education at Queen's College, Cambridge, though he quitted the 
university without graduating. Afterwards he was called to the bar. 
In 1790, after the death of the last duke of Chandos, Mr. Brydges 
incited his elder brother to prefer a claim to the barony of Chandos, 
alleging his descent from a younger son of the first Brydges who 
bore that title. The consideration of this claim was long procras- 



LIFE OF LOUD TENTERDEN. 255 

be a descendant of the Plantagenets, of the Tudors.and 
of Charlemagne : 

" From his earliest years he was industrious, appre- 
hensive, regular and correct in all his conduct even in 
his temper, and prudent in everything. I became 
acquainted with him in July, 1775, when I was removed 
from Maidstone to Canterbury school. I was about 
six or seven weeks his junior in age, and was placed in 
the same class with him, in which, after a short struggle, 
I won the next place to him, and kept it until I quitted 
school for Cambridge in autumn, 1780, in my eighteenth 
year. Though we were in some degree competitors, 
our friendship was never broken or cooled. He always 
exceeded me in accuracy, steadiness, and equality of 

tinated, but in 1803 the House of Peers pronounced its decision 
'that the petitioner had not made out his claim to the title and 
dignity of Baron Chandos." Mr. Brydges never lost an opportu- 
nity to protest in the press against this decision, and he even 
stooped to the drudgery of editing a Peerage of 9 volumes, in 
order that a few of its pages might transmit to posterity an account 
of his wrongs. That the claim was actually groundless was proved 
beyond dispute in a volume published in 1834 by George Frederick 
Beltz, Lancaster herald. Latterly, it maybe remarked, Mr. Brydges 
used to add to his signature the words "per legem terrre, B. C. of 
S.," meaning Baron Chandos of Sudeley. He was for some years 
M.P. for Maidstone, and in 1814 was created a baronet. In 1818 
he quitted England, and died near Geneva Sept. 8, 1837. Mr. 
Brydges was among the first of the modern school of sonnetteers, 
and commenced his literary career by publishing a volume of Sonnets 
and other Poems, 1785. This was followed by a host of other works, 
chief among which were "Mary de Clifford," a novel; "Arthur 
Fitz Albini," a novel ; " Theatrum Poetarum Anglicanorum," being 
a new edition, with additions, of a work under the same title by 
Philips, nephew of Milton; "Memoirs of the Peers of England 
during the reign of James I." ; " Censura Literaria " ; " The British 
Bibliographer"; " Restituta"; an edition of Collins's Peerage, 9 vols. 
8vo.; " The Ruminator, a Series of Moral, Critical, and Sentimental 
Essays"; "Occasional Poems"; " Coningsby," a novel, 1819; 
"Letters on Lord Byron"; "Recollections of Foreign Travel"; 
"Lex Terrae, with regard to the descent of English Peerages" ; 
" The Anglo-Genevan Critical Journal for 1831 " ; " Imaginary Biog- 
raphy"; and his "Autobiography, Times, Opinions, and Contem- 
poraries," 1834. He was also a large contributor to periodical 
publications. Cooper's Biog. Diet. 



256 REIGN OF GEORGE III. 

CHAP, labor, while I was more fitful, flighty, and enthusiastic. 
He knew the rules of grammar better, and was more 
sure in any examination or task. He wrote Latin verses 
and prose themes with more correctness, while I was 
more ambitious and more unequal. There was the same 
difference in our tempers and our tastes. He was 
always prudent and calm; I was always passionate and 
restless. Each knew well wherever the other's strength 
lay, and yielded to it." 

" I remember him well," added another contempo- 
rary, who rose to high preferment in the Church, 
" grave, silent, and demure ; always studious, and well 
behaved ; reading his book instead of accompanying us 
to play, and recommending himself to all who saw and 
knew him by his quiet and decent demeanor. 1 think 
his first rise in life was owing to a boy of the name of 
Thurlow, an illegitimate son of the Lord Chancellor, 
who was at Canterbury school with us. Abbott and 
this boy were well acquainted, and when Thurlow 
went home for the holidays he took young Abbott 
with him. He thus became known to Lord Thurlow, 
and was a kind of helping tutor to his son; and I 
have always heard and am persuaded that it was by 
his Lordship's aid he was afterwards sent to college. 
The clergy of Canterbury, however, always took great 
notice of him, as they knew and respected his father." 
Danger he In his fourteenth year our hero ran a great peril, 
fourteenth ar| d met w ' tn a deep disappointment, which may be 
year - considered the true cause of his subsequent elevation. 
The place of a singing-boy in the Cathedral becoming 
vacant, old Abbott started his son Charles as a candi- 
date to fill it. The appointment would have secured to 
him a present subsistence, with the prospect of rising to 
7O/. a year, which he and his family considered a 
wealthy independence for him. His father's popularity 
among the members of the Chapter was so great that 



LIFE OF LORD TENTERDEN. 257 

his success was deemed certain, but from the huskiness 
of his voice objections were made to him, and another 
boy was preferred, who grew old enjoying the stipend 
which young Abbott had eagerly counted upon. Mr. 
Justice Richardson, 1 the distinguished Judge, used to 

I. John Richardson was the third son of Anthony Richardson, a 
merchant of London, and was born in Copthall Court, Lothbury, on 
March 3, 1771. He commenced his education at Harrow, and 
finished it at University College, Oxford, where he took his degree 
of M.A. in 1795, having been assisted in his progress through the 
university by the benevolent aid and steady patronage of Mr. 
Stevens, the worthy treasurer of Queen Anne's Bounty. He aided 
his patron in procuring the repeal of the penal statutes against the 
episcopal clergy of Scotland, and was highly instrumental in forming 
a club to Mr. Stevens's honor, called " Nobody's Club," from the 
pseudonym under which that gentleman's various writings were pub- 
lished. The club still exists, and has numbered among its members 
men the most famous in literature, theology, and law. Having been 
entered at Lincoln's Inn in June, 1773, he practised as a special 
pleader for several years, and was not called to the bar till June, 1803. 
In the very next year he appeared as counsel for William Cobbett, 
who was defendant in an action brought by Mr. Plunkett, and again 
for him when indicted for publishing a libel against the lord lieuten- 
ant and lord chancellor of Ireland, which was written by Mr. Justice 
Johnson of that country. He also soon after argued ably, though 
unsuccessfully, in support of the plea filed by that judge against the 
jurisdiction of the Court of King's Bench, and afterwards on his trial 
in that court. (Staff Trials, xxix. I, 53, 394, 423.) Joining the Western 
Circuit, both there and in Westminster Hall he soon established such 
a character for industry and legal learning as secured to him com- 
petent encouragement. When to this was added experience and ob- 
servation, he obtained the laborious and responsible office of adviser 
to the attorney and solicitor general, commonly denominated their 
"devil." So efficient did he prove himself in this capacity, and so 
universally acnowledged were his superior attainments, that in No- 
vember, 1818, he was selected with the approbation of all to supply 
the vacant seat in the Court of Common Pleas, and in June following 
he was knighted. After filling this post with the reputation of one 
of the soundest lawyers of the time, he was compelled by ill health 
to retire from its labors in May. 1824. He lived nearly seventeen 
years after his resignation, several of which he spent in Malta, where 
he composed a code of laws for that island. He died on March 19, 
1841. That excellent judge, Sir John Coleridge, describes him in a 
lecture he delivered in 1859 as " a thoroughly instructed lawyer, an 

accomplished scholar, and a man of the soundest judgment a 

tender-hearted, God-fearing man." (Life of Stevens ; Gent. Mag. 
July, 1841.) Fuss's Lives of the Judges. 



258 REIGN OF GEORGE III. 

CHAP, relate that going the Home Circuit with Lord Tenter- 
den, the}' visited the Cathedral at Canterbury together, 
when the Chief Justice, pointing to a singing man in 
the choir, said, " Behold, Brother Richardson, that is 
the only human being I ever envied : when at school 
in this town we were candidates together for a chor- 
ister's place ; he obtained it ; and if I had gained my 
wish, he might have been accompanying you as Chief 
Justice, and pointing me out as his old schoolfellow, the 
singing man." 

However, the disappointed candidate, instead of 
abandoning himself to despair, applied with still greater 
diligence to his studies, and his master, proud of his 
proficiency, showed his verses to all the clergy in the 
neighborhood, and to others whom he could prevail 
upon to read them, or to hear them recited boasting 
that the son of the Canterbury barber was qualified to 
carry off a classical prize from any aristocratic versifier 
at Westminster, Winchester, or Eton. 
(Whether Xh e crisis of the young man's fate occurred as he 

he was to 

be a hair- reached the age of seventeen. He was then Captain of 

dresser or 

a Chief the school, and it was necessary that some course 
should be determined upon bv which he was to earn 
his bread. His father proposed that he should be 
regularly bound apprentice to the trade in which he 
had been initiated from his infancy, and for which his 
capacity could no longer be questioned. This not only 
horrified Dr. Beauvoir, but caused a shock to the whole 
Chapter and to all the more cultivated inhabitants of 
Canterbury who had heard of the fame of their young 
townsman, and a general wish was entertained that 
he might be sent to the University. A sum sufficient 
for his outfit was immediately collected in a manner 
calculated to prevent his feelings being hurt by hearing 
of the assistance thus rendered to him ; and the trustees 
of his school unanimously conferred upon him a small 



LIFE OF LORD TENTERDEN. 259 



exhibition in their gift, which happened to be then 
vacant : but this was not sufficient for his maintenance 
while he remained an undergraduate, and a delicacy 
existed about the supply being raised by an annual sub- 
scription of individuals. For some days there was a 
danger of the plan so creditable to Canterbury being 
entirely defeated, and the indenture binding the future 
Chief Justice to the ignoble occupation of shaving being 
signed, sealed, and delivered, when the trustees of the 
school came to a vote, that they had power to increase 
the exhibition from the funds of the school and they 
did prospective!}- raise it for three years to a sum 
which, with rigid economy, might enable the object of 
their bounty to keep soul and body together till he 
should obtain his Bachelor's degree ; then, by taking 
pupils or some other expedient, it was hoped that he 
might be able to provide for himself. 

The bounty of individuals was carefully concealed 
from him, but at a subsequent period of his life, when 
he had been placed as a Judge on the Bench, he showed 
that he well knew the obligation under which he lay 
to the trustees. Attending a meeting of that body 
of which he had been elected a member, among the 
" AGENDA," there was " to consider the application from 
an exhibitioner of the school now at Oxford for an in- 
crease of his allowance." The Secretary declared that 
after a diligent search for precedents only one could be 
found, which had occurred many years before. " That 
student was myself," said the learned Judge, and he 
immediately supplied the required sum from his own 
private purse. 

When it was announced to him that he was to be A.D. 1781. 
sent to the University he was much pleased, without "'he'un'i- 
being elated; for while he escaped the drudgery and versity> 
degradation of a trade not considered so reputable as 
that of a grocer, from which Lord Eldon had shrunk 



260 REIGN OF GEORGE III. 

CHAP. w hen in a very destitute condition, he foresaw that 
there might be much mortification in store for him, and 
that although all knowledge was to be within his reach, 
he might ere long find it difficult to provide for the day 
passing over him. He had likewise serious misgivings 
as to how he should appear as a gentleman among gen- 
tlemen. Hitherto he had only been noticed as the bar- 
ber's son, and in the pressure of business on a Saturdrv 
night, when he carried home any article to a customer, 
he had been well pleased to receive by way of gratuity 
a shilling or even a smaller coin. Not entering as a 
servitor, he was now to sit at table and to associate on 
a footing of equality with the sons of the prime nobility 
of England. While struggling forward in life he used 
to dread any allusion to such topics, but in his latter 
days he would freely talk of his first journey from Can- 
terbury to Oxford, and the suddenness of his transition 
into a new state of existence. He was, on this occasion, 
accompanied by a prebendary of the Cathedral, who 
was a Corpus man, and who acted the part of a father to 
him. 1 

The following is a copy of his admission to his col- 
lege, and of his matriculation : 

" March 2ist, 1781. Charles Abbott, Kent Scho." 
" Termino Sti. Hilarii, 1781. 

Martii 24. 

" C. C. C. Carolus Abbott, 18, Joannis de Civitate Can- 
tuariensi Pleb. Fil." : 
He obtains H e tested his proficiency in classical literature by 

a scholar- . . 

ship at becoming a candidate for a vacant scholarship. Of this 

Corpus. 

1. Samuel Pepys, the famous Diarist, who was the son of a tailor, 
describes his great embarrassment when, become Secretary to the 
Admiralty and a favorite of the King and Duke of York, he met a 
gentleman in reduced circumstances to whom, when a boy, he used 
to carry home fine suits of clothes. Lord. 

2. A true copy, 

" PHILIP BLISS, 

" Keeper of the Archives of the University." 



LIFE OF LORD TENTEKDEN. 261 

contest we have an interesting account in a letter writ- 
ten by him to his schoolfellow, Sir Egerton Brydges, 
who was then entered at Queen's College, Cambridge : 

"Oxford, Sunday, March 18, 1781. 

" DEAR EGERTON, 

" I have been a week in Oxford, and almost 
finished the examination ; the day of election is next 
Tuesday. I cannot look forward without great dread, 
for my expectations of success are by no means san- 
guine As yet I have kept to my resolution of 

drinking nothing. How long further I shall I know 
not, but I hope my pride will soon serve to strengthen 
it. I wish Tuesday were over." 

" Monday Night. 

" This has been a heavy day indeed. 1 would not 
pass another in such anxiety for two scholarships. 
Disappointment would be easier borne than such a 
doubtful situation. It is a great pleasure to me to be 
able to reflect that there is one person who will feel for 
me. What happiness would it have been to me had we 
had the good fortune to be both of the same univer- 
sity ! Our examination has been very strict 

Good night." 

Tuesday, 12 o'clock. 

" At last it is all over, and Now your expecta- 
tions are at the highest 1 am Guess elected. 

You will see from my manner of writing that I am very 
much pleased and so in truth I am. The President 
said to me (but don't mention it to any one) that I had 
gained it entirely by my merit that I had made a very 
good appearance, and so had all the other candidates. 

" Yours most affectionately, 
" C. ABBOTT." 

The following shows that he then felt much more 
exultation than on the dav of his being made Chief 



262 REIGN OF GEORGE III. 

CHAP. Justice of England, when I myself observed him 
repeatedly yawn on the bench from listlessness: 

C. C. C., April 3, 1781. 

" Yes, my dear Egerton, it does give me the most 
heartfelt pleasure to hear how kindly my friends 
rejoice in my success. Believe me, Egerton, the chief 
pleasure that I feel on this occasion is reading my let- 
ters of congratulation. I needed nothing to assure me 
of your friendship. Had any proof been wanting, 
your kind letter would have been sufficient. The 
examination was indeed a tedious piece of work, but 1 
would undergo twice the trouble for the pleasure of 
knowing that I had answered the expectations of my 
friends. I have received two letters from my dearest 
mother, in which she gives me an account how sin- 
cerely all my friends at Canterbury have congratulated 
her on my success and friends so much superior to 
our humble condition, that she says, ' such a universal 
joy as appeared on the occasion I believe hardly ever 
happened in a town left by a tradesman's son.' Who 
would not undergo any labor to give pleasure to such 
parents ? . . . . You have heard me wish that I had 
never been intended for the university. It was impious ; 
it was ungrateful : I banish the thought for ever from 
my heart. Not that I foresee much pleasure in a col- 
lege life, but I know that my present situation is per- 
haps the only comfort to those whose age and misfor- 
tunes have rendered some alleviation of care absolutely 
necessary. Pardon the expression of these sentiments 
to you, and consider that they flow from the breast of 
a son. 

" What a dissatisfied wretch I am ! But a little 
while past to be a scholar of Corpus was the height of 
my ambition ; that summit is (thank Heaven) gained 
when another and another appears still in view. In a 



LIFE OF LORD TENTERDEN. 263 



word, I shall not rest easy till I have ascended the ros- 
trum in the theatre." 

His conduct during the whole of his academical J^-^?* 
career was most exemplary. Avoiding all unnecessary B ^ e t a n n d 
expense he contrived always to preserve a decent ap- duct - 
pearance, and he gradually conquered the prejudice 
created against him by the whispers circulated respect- 
ing his origin and early occupations. The college tutor 
was Mr. Burgess, 1 afterwards Bishop of Salisbury, who 
speedily discovered his merit and steadily befriended 
him. 

In the latter part of the eighteenth century Oxford 
education was at the lowest ebb, and a respectable 
degree might be taken by answering to the question, 
"Who was the founder of this university?" ALFRED 
THE GREAT ! The study of mathematics had fallen into 
desuetude like that of alchymy. Young Abbott, there- 
fore, had no opportunity of crossing the Asses' Bridge, 
and through life he remained a stranger to the exact 
sciences. But he was saved by the love of classical 
lore which he brought with him from Canterbury, and 
in which he found that a few choice spirits voluntarily 
participated. There being yet no tripos, the only 
academical honors that could be gained were the 
Chancellor's two medals for Latin and English compo- 

i. Thomas Burgess, an English prelate, was the son of a grocer at 
Odiham, Hampshire, where he was born Nov. 19, 1756. After pass- 
ing through Winchester School and Corpus Christ! College, Oxford, 
he was collated by his patron, Dr. Shute Harrington, bishop of Salis- 
bury, to a prebend in his cathedral 1787. After Dr. Harrington's 
translation to Durham, he gave Mr. Burgess a prebend in that 
church 1791. In 1803 he was promoted to the see of St. David's. 
Here he displayed the most exemplary attention to the affairs of his 
diocese, and formed a society for the foundation of a provincial col- 
lege for the instruction of ministers for the Welsh church who have 
not the means to obtain a university education. He was translated 
to Salisbury 1825 ; and died Feb. 19, 1837. He published a number 
of works on class' al learning and divinity, a list of which will be 
found in the Gentleman's Magazine for May, 1837. Cooper' ' s Biog. 
Did. 



264 REIGN OF GEORGE III. 

CHAP, sition, and these young Abbott was resolved to try for. 
The siege of Gibraltar 1 had then effaced all the disas- 
ters and disgraces of the American war, and was 
eagerly exchanged for the capitulation of Saratoga. 
Under date March 5, 1/83, Abbott writes to his dear 
friend : 

His prize " fhe subjects of our prizes were given out yester- 
day for the Bachelors, THE USE OF HISTORY for the 
Undergraduates, THE SIEGE OF GIBRALTAR CALPE 
OBSESSA. I am very much displeased with the latter, 

I. Gibraltar, a promontory at the entrance to the Mediterranean, 
is situated in the Spanish province of Andalusia. The natural 
strength of the position it is, in fact, the key of the Mediterranean 
attracted attention at a very early date. From 712 to the begin- 
ning of the fourteenth century it was in the hands of the Saracens, 
by whom it was again retaken from the Spaniards, in 1333. In 1410 
the rock was taken by the Moorish King of Granada, and in 1462 fell 
into the hands of the Spaniards, by whom it was formally annexed, 
1502. In 1704 a combined English and Dutch fleet, under Sir George 
Rooke, compelled the governor, the Marquis de Salines, to sur- 
render, and Gibraltar has ever since remained in the possession of 
the English, sustaining a well-conducted siege in 1705. In 1713 it 
was formally ceded to Great Britain by the Treaty of Utrecht. Many 
attempts have been made by the Spaniards to recover so important 
a position. In 1718 Stanhope was almost induced to surrender what 
he regarded as of little value and an insuperable obstacle to peace 
with Spain. In 1720 a projected attack, under the Marquis of Leda, 
came to nothing, and in 1727 the Count de la Torres and 20,000 men 
also failed to take the rock. In 1757 Pitt was willing to surrender 
the rock if the Spaniards would help in the recapture of Minorca 
from the French : but they persevered in neutrality, and in 1761 
joined the Family Compact largely in consequence of the desire to 
win it back. The most famous siege of Gibraltar was one lasting 
from 1779 to 1783, by a combined force of Spaniards and French, 
which was successfully withstood by the English under General Elliot, 
afterwards Lord Heathfield ; a siege almost unparalleled in the 
annals of ancient or modern warfare. The English were more than 
once reinforced or revictualled by sea ; but the investment continued. 
and a very severe bombardment and powerful floating batteries were 
tried in vain against it. The possession of Gibraltar gives England 
a commanding attitude at the Atlantic entrance of the Mediterranean, 
which enables it to dispense with the continued presence of a large 
maritime force on that sea. The administration is in the hands of a 
military governor. As a "free port" Gibraltar is the seat of exten- 
sive smuggling. Diet, of Eng. Hist. 



LIFE OF LORD TENTERUEN. 265 

for it appears to me to be at once unclassical and com- 
monplace 

' Gun, drum, trumpet, blunderbuss, and thunder !" 

But it will not do to set oneself against it. So I must 
endeavor to make the most of it. Yet I feel my mind 
labor with omens of ill success. It is certainly a noble 
and splendid action. The difficulty will be in separat- 
ing the circumstances peculiar to it from the common 
occurrences which are to be found as well in all other 
actions as in this." 

Our aspirant's first attempt was not crowned with 
the success he hoped for ; but he was encouraged to 
persevere by reading on his verses when returned to 
him, " qua in proximc accessit" the mark of approbation 
bestowed on the second best. More than forty years 
after, when a Judge on the circuit at Salisbury, he met 
the Rev. W. L. Bowles, 1 the poet, who had carried off 

I. William Lisle Bowles, an eminent English poet, born at King's 
Sutton, on the border of Northamptonshire, in September, 1762. He 
was educated at Trinity College, Oxford, and chose the clerical pro- 
fession. After he had been disappointed in love by the death of a 
lady to whom he was engaged, he composed, in 1789, "Fourteen 
Sonnets," which were remarkable for grace of expression and an air 
of melancholy tenderness. He became rector of Dumbleton in 1797, 
married a daughter of the Rev. Dr. Wake, and obtained the valuable 
living of Bremhill, Wiltshire, in 1805. He published in 1804 "The 
Spirit of Discovery," which is his longest poem. Among his numer- 
ous other poems are "The Grave of Howard" (1790), "The Mis- 
sionary of the Andes" (1822), and " Saint John in Patmos" (1832). 
In 1828 he became a canon of Salisbury Cathedral. He edited the 
works of Pope (1807), and made some criticisms on that author 
which provoked a long controversy between himself and the two 
poets Byron and Campbell. He published in 1825 his " Final Appeal 
to the Literary Public relative to Pope." Died in 1850. The poems 
of Bowles were admired by Coleridge. Wordsworth, and Southey, 
the last of whom wrote to a friend, "My poetical taste was much 
meliorated by Bowles." "The Sonnets of Bowles," says Hallam, 
"may be reckoned among the first-fruits of a new era in poetry. 
They came in an age when a commonplace facility in rhyming, on 
the one hand, and an almost nonsensical affectation in a new school, 
on the other, had lowered the standard so much that critical judges 
spoke of English poetry as of something nearly extinct." ("Address 
before the Royal Society of Literature.") Thomas' Biog. Diet. 



266 REIGN OF GEORGE III. 



P r i ze - His Lordship immediately reverted to the 
literary contest in which they had been engaged, and 
very frankly confessed that the rule had been observed, 
DETUR DIGNIORI. 1 

The subject of the prize poem for the following year 
was GLOBUS AEROSTATICUS, Lunardi's voyages in his 
balloon having made many people believe that this 
vehicle, although its moving power be the medium in 
which it floats, might be guided like a ship impelled 
by the wind across the ocean, and that a method had 
been discovered of establishing an easy intercourse, to 
be reckoned by hours, between the most distant na- 
tions. 2 Abbott having again invoked the Cantuarensian 
muse, by her inspiration he was successful, and as 
victor mounting the rostrum in the theatre, amidst 
loud plaudits, recited the following beautiful lines: 

I. The poem may be seen at full length in ' Poemata Praemiis Can- 
cellarii Academicis Donata,' &c., Oxoniae, 1810, vol. i. p. 123. As a 
specimen I offer a short extract, giving an account of the state of 
things after the failure of the grand assault : 

" Kec vero, ut retulit nox exoptata tenebras 
Cessavit furor, ardenti conjecta ruina 
Szevit adhuc longe missi vis flammea ferri. 
Continue exust.T dant moesta incendia naves, 
Umbrosumque vadum fumanti tramite signant. 
Securi Britones geminata tonitrua torquent ; 
Ipse inter medios, altoque serenior ore, 
Dux late Martem special sublimis opacum, 
Sen quondam proprio vestitum fulmine numen 
Arma tenens, fatique velut moderatur habenas. 
Audiit insolitum sola sub nocte fragorem 
Adversum Libyae littus, longeque tremescit 
Montanas inter latebras exsomnis hyaena !" 

a. I have often heard my father relate the consternation excited 
by this same Lunardi in the county of Fife. He had ascended from 
Edinburgh, and the wind carried him across the Firth of Forth. The 
inhabitants of Cupar had observed a speck, which was at first sup- 
posed to be a bird, grow into a large globe, and pass at no great 
height over their heads, with a man in a boat depending from it. 
Some thought they could descry about him the wings of an angel, 
and believed that the day of judgment had arrived. 



LIFE OF LORD TENTERDEN. 267 

CHAP. 
GLOBUS AEROSTATICUS. L1I. 

Pondere quo terras premat aer, igneus ardor 
Quam levis, et quali raptim nova machina nisu 
Emicet in coelum, et puro circum aethere ludat, 
Pandere jam aggrediar ; juvat altas luminis oras 
Suspicere, et magni rationem exquirere mundi. 

Quippe etenim, ut facili cura, certoque labore 
Haec lustrare queas, miro en ! spectacula ritu 
Circum ultro tibi mille adsunt, rerumque recludens 
Dat natura modum, et primordia notitial. 
Namque ubi sulphureis concocta bitumina venis, 
Ausa ultro mediae penetrare in viscera terrae, 
Gens hominum effodit, fundo illic semper ab imo 
Exsudare leves aestus, summisque sub antris 
Se furtim glomerare ferunt, quin saepe repenti 
Cum sonitu accensos, et dirae turbine flammae, 
Rumpere vi montem, superasque effervere in auras. 
At vero angustus si terrae inclusa cavernis 
Ignea vis longum subter duraverit aevum, 
Quas ibi mox clades eheu ! quantasque videbis 
Faucibus eruptis volvi super aethera flammas ! 
Quid repetam Ausoniis quoties tibi nuper in oris 
Concussae cecidere urbes ? quot corpora letho 
Ipsa etiam horrendis suter distracta ruinis 
Terra dedit ? dum jam luctantem funditus aestum, 
Collectosque vomens ad coelum efflaverat ignes. 
Usque adeo est quaedam subtilis caeca animal 
Materies, alti quae vulgo ad sidera cceli 
Vi propria volat, et terras contemnit inertes 

Ergo etiam hos aestus si quis finxisse per artem 
Noverit, et levibus poterit concludere textis, 
Continuo e terris volucrem miro impete cernas 
Ire globum, aeriisque ultro secredere ventis, 
Et jam jamque magis liquidas conscendere nubes 
Altius, atque atro penitus se condere coelo. 
Verum ubi jam longo in spatio eluctatus abivit 
Aural levis aestus, et igneus exiit ardor, 
Turn demum aetheriis idem se rursus ab oris 
Demittet sensim, et mortalia regna reviset. 

Quare age, et haec animo tecum evolvisse sagaci 
Cura sit, et caecas meditando exquirere causas. 
Nee sine consilio fieri haec, sine mente rearis, 
Aut rebus non jura dari, verum omnia volvi 
Lcge una, et certo sub foedere labier orbem. 

Principio hancomnem cceli spirabilis auram, 
Terralque oras et lati marmora ponti, 
Vis eadem regit, ac uno omnia corpora ritu 
In medium, magna connixa cupidine tendunt, 
Pondere quidque suo ; firmis ita nexibus orbis 



268 REIGN OF GEORGE III. 

CHAP. Scilicet, et tuto circumse turbine versat, 

LI1 ' Proinde, magis gravibus, densisque ut corpora cuncta 

Seminibus constant, ita per leviora necesse est 
Subsidisse magis ; queis ergo rarior intus 
Textura, et levibus constant quaecunque elementis ; 
Haec contra e medio, sursum eluctata videntur 
Volvere se supra, et magno circum aethere labi. 
Quinetiam hie, tenuis quanquam et difusilis, aer, 
Mollia qui rebus dat vitze pabula, et omnem 
Herbarumque fovet prolem, gentemque animantum, 
Ipse etiam, immani descendens pondere, terris 
Incumbit, gravibusque urget complexibus orbem. 
At vero insolitus si qua sibi parte calores 
Hauserit, hac ultro se latius ipse relaxans 
Rarescensque aer, leviori ita corpore, longe 
Emicat e terra, et coelo spatiatur in alto. 
Hinc adeo expresses nimio sub sole vapores 
Arida se per trata ferunt atpollere,et alte 
Coeruleam nitidis variare coloribus aethram ; 
Saepe itaque et subitis incendi ardoribus auras 
Per noctem, et longos in nubila spargier ignes. 
Nonne vides etiam taciti per devia ruris, 
Agricolae ut parvo glomeratus de lare fumus 
Avolat, et tenuem rotat alte in sidera nubem ? 
Quare etiam, atque etiam commixto semper ab igni 
Mutaturque aer, alienaque foedera discit, 
Et varium exercet, conversa lege, tenorem. 

Scilicet has rerum species, haec fcedera, secum 
Contemplata diu, et vigilant! mente secuta, 
Hinc etiam ipsa novum simili sub imagine coeptum 
Gens humana movet, curruque evecta per auras 
Torquet iter, ccelumque audet peragrare profundum. 

Ergo etiam hanc ipsam versu me attingere partem 
Ne pigeat ; tenues nee dedignere monendo 
Tu didicisse artes ; quippe ultro carbasa Persae 
Dant levia, et viridi glomerata sub arbore bombyx 
Vellera suspendit; tu lento tenuia fuco 
Texta line, exiguoque liquescens adsit ab igni 
Et cera, et spissum Panchaio e cortice gluten. 
Maximus hie labor est, haec alti gloria ccepti. 
Ni facias, laxi per aperta foramina veli 
Heu! tibi mox rara: nimium penetrabilis aurse 
Vis ibit, frustraque artem tentabis inanem. 

Quod superest, seu jam piceas secta abiete taedas, 
Et stipulam crepitantem, et olentis vellera lanae, 
Supponi, rapidumque velis advertier ignem, 
Seu magis ardent! succensas subter olivo 
Lampadas admota placeat suspendere flamma, 
Quicquid erit, pariter raros bibet ipsa calores, 
Ingentemque tumens se machina flectet in orbem. 



LIFE OF LORD TENTERDEN. 269 

Quid dicam, et quales novit tibi chymicus artes? 
Quove modo effusum resoluto e sulphure acetum, 
Et chalybis ramenta, levesque a flumine rores 
Ille docet miscere, atrumque exsolvere in ignem ? 
Nempc ea cum proprio jam collabefacta calore 
In sua se expediunt iterum primordia, et arctos 
Dissolvunt nexus, et vincla tenacia laxant: 
Ignea turn subito rapidae tibi vis animal 
Exagitata foras, validis exasstuat ultro 
Vorticibus, clausaque arete fornace remugit ; 
Hanc ipse appositis effunde canalibus, ipse 
Pendentem immissis distende vaporibus orbem. 

Quin age, nee pigro Britonum depressa veterno 
Corda diu jaceant, dum late ingentibus ausis 
Gallia se in meritos attollit sola triumphos. 
Ilia quidem positis ultro pacatior armis, 
Hanc ipsam in laudem, et potioris munera palmae 
Advocat, ilia etiam faustos jam experta labores 
Omina magna dedit, certaeque exempla vial. 
Attonitam quoties tremefacto pectore gentem 
Vidit arundinea prielabens Sequana ripa 
Stare, laborantes volventem in eorde tumultus, 
Audax dum ante oculos magni moliminis auctor 
Avolat in ccelum, et spissa sese occulit umbra ; 
Aut late ae'rium faustis aquilonibus jequor 
Tranat ovans, validasque manu moderatur habenas. 
Turn primum superi patefacta in regna profundi 
Mortales oculi, mediae e regionibus aethrae, 
Convertere aciem, densis dum obducta tenebris 
Sub pedibus terra atque hominum spatiaampla recedunt. 
Nam neque per totum cessabant nubila ccelum 
Densari.et vastos umbrarum attollere tractus, 
Nee cuncti se circum ultro variare colores, 
Cuncta figurarum late convolvier ora ; 
Pracsertim extreme cum jam pendebat Olympo 
Sol, transversa rubens ; aut primum Candida Phoebe 
Monstraratque ortum, et ccelo se pura ferebat. 
Atqui illic vacuas nee jam vox, nee sonus, aures 
Attingit, sed inane severa silentia regnant 
Undique per spatium, et vario trepidantia motu 
Corda quatit pavor, atque immixto horrore voluptas. 

Haec adeo, haec praeclara novas primordia famae 
Gallia, tu posuisti ; hoc jam mortalibus unum 
Defuit, excussis dudum patefacta tenebris 
Altaanimi ratio, et vital norma severae 
Eluxere; patent terraeque, atque asquora ponti, 
Astrorumque via, atque alti lex intima mundi. 

Jamque adeo et liquidae quae sit tam mobilis aurae 
Natura, et superi passim per inania cceli 
Qua ratione gerant se res, et foedera nectant, 



2/0 REIGN OF GEORGE III. 

CHAP. Explorare datur ; quo pacto rarior usque 

Surgat, et in vacuum sensim se dissipet aSr ;' 
Frigora qua;, qui igncs lateant ; quanto impetc vend 
Hue superis, illuc infernis, partibus instent, 
Convulsumque agitent transverso flamine coelum, 

Ergo etiam humanam, concepto hinc robore, mentem. 
Insolito tandem nisu, et majoribus ausis, 
Tollere se cernes, penitusque ingentia lati 
Aeris in spatia, et magni supera alta profundi 
Moliri imperium ac multa dominarier arte. 

He thus announced his success to his friend Eger- 
ton : 

"C. C. C., June 16, 1784. 

" I have delayed writing to you for some time, 
partly because I waited for the decision of the prizes, 
but principally because I have been constantly em- 
ployed in endeavoring to escape my own thoughts by 
company and every means I could. I am now, how- 
ever, repaid for my anxieties. They say it was a hard 
run thing. There were sixteen compositions sent in. 
.... All that has happened this morning appears a 
dream." 

Soon after this his joy was turned into mourning by 
the death of his father. His mother continued to keep 
the shop at Canterbury for the sale of perfumery, and 
he devotedly strove to comfort and assist her. For 
her sake he declined an advantageous offer to go to 
Virginia, as tutor to a young man of very large fortune 
there. He was willing to forego a considerable part 
of his own salary, so that 5O/. a year might be settled 
on his mother for life. " This," he wrote, " with the 
little left her by my father, would afford her a com- 
fortable subsistence without the fatigue of business, 
which she is becoming very unable to bear." * But 
this condition being declined, the negotiation went off. 
A.D. 1783. The English Essay was still open to him, and the 
next year he likewise carried off this prize. If his per- 

i. Letter to Sir Egerton Brydges, 2d June, 1785. 



z 



LIFE OF LORD TENTERDEN. 

formance was less dazzling, it gave more certain proof 
of his nice critical discrimination, and, from the ex- 
quisite good sense which it displayed, of his fitness for 
the business of life. The subject was THE USE AND 
ABUSE OF SATIRE. 

In this composition he showed that he had already 
acquired (whence it is difficult to conjecture) that 
terse, lucid, correct, and idiomatic English style which 
afterwards distinguished his book on the LAW OF SHIPS, 
and his written judgments as Chief Justice of the 
King's Bench. The following is his analytical division 
of the subject, evincing the logical mind which made 
him a great judge : 

" Early use of panegyrical and satiric composition ; 
gradual increase of the latter with the progress of 
refinement. 

" Different species of satire, invective, and ridicule. 

" General division of satire into personal, political, 
moral, and critical. 

"I. i. Personal satire necessary to enforce obedi- 
ence to general instructions. 2. Its abuse when the 
subject is improperly chosen, when the manner is un- 
suitable to the subject, and when it proceeds from pri- 
vate animosity. 

"II. i. Political satire, necessary for the general 
support of mixed governments, 2. Its abuse, when it 
tends to lessen the dignity of the supreme authority, to 
promote national division, or to weaken the spirit of 
patriotism. 

"III. i. Moral satire, its use in exposing error, folly, 
and vice. 2. Its abuse, when applied as the test of 
truth, and when it tends to weaken the social affections. 

" IV. i. Critical satire, its use in the introduction 
and support of correct taste. 2. Its abuse, when di- 
rected against the solid parts of science, or the correct 
productions of genius. 



2/2 REIGN OF GEORGE III. 

CHAP. "Conclusion. Comparison of the benefits and dis- 

L*I. 

advantages derived from satire. Superiority of the 
former." 

His reflections on Personal Satire will afford a fair 
specimen of his manner : 

" Personal satire has been successfully directed in 
all countries against the vain pretenders to genius and 
learning, who, if they were not rendered contemptible 
by ridicule, would too often attract the attention, and 
corrupt the taste, of their age. By employing irony 
the most artful, and wit the most acute, against the 
unnatural and insipid among his contemporaries, 
Boileau * drew the affections and judgment of his nation 
to the chaste and interesting productions of Moliere z 

1. Nicholas Boileau-Despreaux, a celebrated French poet, born 
Nov. I, 1636. Studying the law, he was admitted advocate in 1656; 
but he did not possess the patience requisite for the bar, and exchang- 
ing his pursuits for divinity, he at last discovered that a degree at 
the Sorbonne was not calculated to promote the bent of his genius. 
In literature he now acquired eminence and fame. The publication 
of his first Satires, in 1666, distinguish him above his predecessors, 
and he became the favorite of France. His " Art of Poetry " added 
to his reputation. It is a monument of his genius and judgment, 
and he far surpasses the " Ars Poetica " of Horace in the happy ar- 
rangement of his ideas, the harmony of his numbers, and the purity 
of his language. His " Lutrin " was written in 1674. at the request 
of Lamoignon, and the insignificant quarrels of the treasurer and 
ecclesiastics of a chapel are magnified by the art of the poet into 
matters of importance, and every line conveys, with the most deli- 
cate pleasantry, animated description and refined ideas. Boileau 
became a favorite at the court of Louis XIV.; a pension was settled 
on him, and the king declared he wished his subjects to partake the 
same intellectual gratification which he himself enjoyed. As a prose 
writer Boileau possessed superior merit, as is fully evinced by 
his elegant translation of Longinus. After enjoying the favors of 
his sovereign, and the honors due to his merits, Boileau retired from 
public life, and spent the remainder of his days in literary privacy 
in the society of a few select friends. Died Mar. n, 1711. He wrote, 
besides the works already mentioned, odes, sonnets, fifty-six epi- 
grams, critical reflections, and some Latin pieces. As a poet Boileau 
has deservedly obtained universal applause. Cooftr's Biog. Diet. 

2. Moliere is the name which Jean Baptiste Poquelin assumed on 
becoming a player, and by which he is celebrated as the best comic 
writer of France. He was born in 1622, in Paris, where his father 



LIFE OF LORD TENTERDEN. 273 

and Racine. 1 

was a " tapissier," or upholsterer, holding also an appointment in 
the royal household. The poet, designed for his father's trade, was 
poorly educated till was fourteen years old ; after which, having 
been inspired by his grandfather with a love both for reading and for 
plays, he obtained from his parents, with difficulty, the means of study- 
ing in the College de Clermont ; and there, besides making other 
acquaintances that gained patronage far him, he attracted the notice 
and approbation of the philosopher Gassendi. In his nineteenth 
year, having been appointed to fill his father's place as " valet-de- 
chambre tapissier " to the king, he began to attend at court ; his 
taste for the drama was now confirmed by the fashion which had 
been set by Cardinal Richelieu; and he put himself at the head of a 
few young persons who, playing at first as amateurs, soon became 
actors by profession. From about 1645 Moliere's history is lost 
amidst the wars of the Fronde ; but he appears to have wandered in 
the provinces with his troop, and to have composed slight pieces for 
them, till 1653, when his first regular comedy, " L'Etourdi," was 
played at Lyons with great success. In Languedoc, next year, he 
produced " Le Depit Amoureux," and, bent on his favorite pursuits, 
refused to become the secretary of his old school-fellow, the Prince 
de Conti. In 1658 Moliere and his company, finding their way to 
Paris, received the patronage of the court; he was by this time an 
excellent actor ; and he immediately showed that he possessed both 
a power of observation and of original invention, and a skill in 
dramatic construction, much exceeding anything that had appeared 
in his two earlier pieces. His clever satire on literary and accom- 
plished ladies, called " Les Precieuses Ridicules," was followed by 
his humorous farce, " Le Cocu Imaginaire"; 'L'Ecole des Maris " 
and " Les Facheux " made him still more famous as a witty and 
correct painter of life and manners : and the series of his plays 
continued to be rapidly increased till 1673, when it was ended with 
his life, by " Le Malade Imaginaire." Some of his comedies, such as 
that last named, " Le Medecin Malgre Lui," " Le Bourgeois Gentil- 
homme," and "George Dandin," are chargeable, notwithstanding 
their liveliness, with degenerating into broad farce. But several of 
his comedies, though they do not Indeed support his fame at the 
extravagant height to which his countrymen raise it, are yet fully 
sufficient to justify his rank as at once one of the most brilliant and 
skilful of all comic dramatists, and as the very best of those that 
have written comedies on the formal French model. Such praise 
belongs especially to " L'Ecole des Femmes " (1662), in which is his 
famous character of Agnes; " Le Misanthrope " (1666), of which 
Wycherly's " Plain-Dealer " is an imitation, with improvement in 
management and degradation in morality; " Le Tartuffe " (1667), 
so deservedly celebrated for its powerful picture of hypocrisy in 
person of the hero; and "Les Femmes Savantes " (1672), in which 
groundless pretensions are ridiculed with great force of humor. In 

I. See note T, on next page. 



274 REIGN OF GEORGE III. 

CHAP. " Such have been the advantages derived from per- 
sonal satire, but so great on the contrary are the inju- 
ries resulting from its misapplication, that the legisla- 

1662, being forty years old, he married an actress of seventeen, whose 
light-minded coquetry embittered his comfort. He is described as 
having been a thoughtful, generous, and good-hearted man, and 
more popular with his players than managers are wont to be. He 
prided himself on his skill in playing low comedy, as much at least 
as on the fame he won as a dramatic poet. And he all but died on the 
stage. In acting " Argan" on one of the earliest appearances of his 
own last comedy, he was seized with convulsions and soon suffocated 
by blood from the chest. His body was refused admission to con- 
secrated ground, till the king prevailed on the Archbishop of Paris to 
allow a private funeral. Univ. Biog. Diet. 

I. Jean Racine, an excellent French dramatic poet, born at Ferte- 
Milon (Aisne) December 31, 1639. His parents, who were bourgeios, 
died before he was four years old. He studied at the College of 
Beauvais, and afterwards at the famous school at Port-Royal, in 
which he passed three years (1655-58). He became a good Latin 
and Greek scholar. He began his poetical career by "La Nymphe 
de la Seine " (1660), an ode on occasion of the marriage of Louis 
XIV., which procured for him a small pension. Having become dis- 
gusted with the study of theology, which an uncle had persuaded 
him to pursue, he went to Paris, and formed friendships with 
Boileau and Moliere. He produced in 1664 the tragedy of " La 
Thebaide, ou les Freres ennemis," which had some success. The 
first work which revealed the power and peculiar character of his 
genius was ' ' Andromaque " (1667). In 1668 he surprised the public 
by a comedy called " The Litigants " (" Les Plaideurs"), which was 
very successful. He afterwards produced the tragedies of " Britan- 
nicus " (1669), "Berenice" (1670), " Bajazet " (1672), " Mithridate " 
'1673), " Iphigenie " (1674), and " Phedre " (1677). " I avow," says 
Voltaire, "that I regard 'Iphigenie' as the chef d'auvre of the 
stage." He was admitted into the French Academy in 1673. 

At the age of thirty-eight he resolved to renounce dramatic com- 
position. This resolution is variously ascribed to religious scruples, 
wounded sensibilities, or disgust excited by envious intrigues and 
malicious criiicisms. He married in 1677 a pious young woman of 
Amiens, named Catherine Romanet, and was appointed histori- 
ographer by Louis XIV. In compliance with the wish of Madame 
de Maintenon, Racine wrote " Esther " a drama (1689), and " Atha- 
lie " (1691), which was his last, and, in the opinion of Boileau, his 
best drama. In the latter part of his life he was gentleman-in- 
ordinary to the king, who often conversed with him, and treated 
him with favor. Among his intimate friends were Boileau, La Fon- 
taine, and La Bruyi're. Racine wrote about 1695 a " History of 
Port-Royal," the style of which is so neat and perspicuous that it 
entitles him to rank in the list of those authors who have succeeded 
both in verse and prose. His natural disposition was rather melan- 



LIFE OF LORD TENTERDEN. 275 

ture of all nations has been exerted to restrain it. For C ?,4 P - 
if they, whose failings were unknown and harmless, be 
brought forth at once to notice and shame, or if, from 
the weakness common to human nature, illustrious 
characters be made objects of contempt, the triumphs 
of vice are promoted by increasing the number of 
the vicious, and virtue loses much of its dignity and 
force by being deprived of those names, which had 
contributed to its support. Not less injurious to 
science is the unjust censure of literary merit, which 
tends both to damp the ardor of genius, and to mislead 
the public taste. The most striking examples_of the 
abuse of personal satire are furnished by that nation in 
which its freedom was the greatest. The theatres of 
Athens once endured to behold the wisest of her phi- 
losophers, and the most virtuous of her poets, derided 
with all the grossness of malicious scurrility. Nor has 
modern poetry been altogether free from this disgrace- 
Fortunate, however, it is that, although the judgment 
of the weak may be for a time misguided, truth will in 
the end prevail: the respect and admiration due to the 
names of Burnet and of Bentley, of Warburton and of 

choly and tender. During the last twenty years of his life he was a 
devout member of the Church. He died on the 2ist of April, 1699. 
It is usual to compare Racine with Corneille as a rival poet. 
" Voltaire, La Harpe, and in general the later French critics," says 
Hallam, " have given the preference to Racine. I presume to join my 
suffrage to theirs. Racine appears to me the superior tragedian; and 
I must add that I think him next to Shakespeare among all the mod- 
erns. The comparison with Euripides is so natural that it can hardly 
be avoided. Certainly no tragedy of the Greek poet is so skillful or 
perfect as ' Athalie" or ' Britannicus.' * * * The style of Racine is 
exquisite. Perhaps he is second only to Virgil among all poets. 
But I will give the praise of this in the words of a native critic : ' If 
we consider that his perfection in these respects may be opposed to 
that of Virgil, and that he spoke a language less flexible, less poet- 
ical, and less harmonious, we shall readily believe that Racine is, 
of all mankind, the one to whom nature has given the greatest talent 
for versification" (Harpe)." Thomas' Biog. Diet. 



276 REIGN OF GEORGE III. 

J onnson > are now no longer lessened by the wit of 
Swift, or the asperity of Churchill. 1 

" Even where the subject or design is not improp- 
erly chosen, abuse may still arise from the disposition 
and coloring of the piece. When bitterness and sever- 
ity are employed against men whose failings may be 
venial and light, or ridicule degenerates either into the 
broad attacks of sarcastic buffoonery, or the unmanly 
treachery of dark hints and poisonous allusions, not 
only the particular punishment is excessive and unjust, 
but also general malice is fostered by new supplies of 
slander." 

In conclusion he thus strikes the balance between 

I. Charles Churchill, a popular English poet and satirist, born at 
Westminster in 1731. At school he was the fellow-student and friend 
of William Cowper. He married a Miss Scott privately when he was 
about seventeen, and soon after applied for a studentship at Oxford, 
but was rejected. Against his own inclination, he unwisely adopted 
the profession of his father, who was a curate. In 1756 he was or- 
dained priest, and began to officiate at Rainham. Two years later 
he succeeded his father as curate and lecturer of Saint John's, West- 
minster. It is usually stated that a sudden or total change occurred 
in his habits at this period, after which he became dissipated and 
licentious. Macaulay, who dissents from this opinion, thinks he 
never was or professed to be religious, and intimates that, "with 
violent recoil from the hypocrisies, he outraged the proprieties of 
life," because his youth had been misdirected to a profession from 
which his heart was estranged. 

Resolving to abandon that profession, he produced, about 1760, 
two poems, "The Bard" and "The Conclave." His " Rosciad," a 
pungent satire on the performers and managers of the stage, ap- 
peared in 1761, and was successful beyond his most sanguine hopes- 
He vindicated himself against the malice of the "Critical Review- 
ers" by the "Apology," a poem, which is much admired. He be- 
came very intimate with John Wilkes, the profligate pseudo-patriot, 
whom he assisted in " The North Briton." In 1763 he produced 
"The Prophecy of Famine," a political satire on the Scotch, which 
was immensely popular. "The Conference," a poem, is one of his 
masterpieces. While on a visit to France, he died in 1764. " His 
vices were not so great as his virtues," says Macaulay. Besides the 
works already noticed, he wrote "The Author," "Gotham," and 
other poems. Cowper was a warm admirer of his poetry, and said 
that "he well deserved the name of 'the great Churchill.'" 
Thomas' Biog. Diet. 



LIFE OF LORD TENTEKDEN. 277 

the evils inflicted by satire, and the benefits which it c ^f' 
confers : 

" From this general representation of the good and ill 
effects of satire, we may be enabled to form a comparison of 
their respective importance. By the improper exercise of 
satire individuals have sometimes been exposed to undeserved 
contempt ; nations have been inspired with unjustifiable ani- 
mosity; immoral sentiments have been infused; and false taste 
has received encouragement. On the contrary, by the just 
exertions of satire personal licentiousness has frequently been 
restrained ; the establishments of kingdoms have been sup- 
ported, and the precepts of morality and taste conveyed in a 
form the most alluring and efficacious. The success, however, 
of all those productions that have not been directed by virtue 
and justice, has been confined and transient, whatever genius 
or talents might be employed in their composition : by the 
wise among their contemporaries they have been disregarded, 
and in the following age they have sunk into oblivion. But 
the effusions of wit, united with truth, have been received 
with universal approbation, and preserved with perpetual 
esteem, their influence has been extended over nations, and 
prolonged through ages. Hence, perhaps, we need not hesi- 
tate to conclude that the benefits derived from satire are far 
superior to the disadvantages with regard both to their extent 
and duration ; and its authors may therefore deservedly be 
numbered among the happiest instructors of mankind." 

In 1785 he became B.A. If the modern system of His Bache- 
honors had been then established, he would no doubt gree. 
have taken a double first class ; but when this degree 
was conferred upon him and others, there was nothing 
in the proceeding to distinguish him from the greatest 
dunce or idler in the whole university. By his prize 
compositions and college exercises his fame was estab- 
lished, and his fortune was made. All that followed 
in his future career was in a natural sequence, and 
with the exception of the deafness of Sir Samuel 
Shepherd when Attorney General, which led to Ab- 
bott being CHIEF JUSTICE instead of remaining a 



278 REIGN OF GEORGE III. 

CHAP. p u i sn e judge, there appeared nothing of accident or 
extraordinary luck in his steady advancement. 

From the completion of his second year he had 
begun to have private pupils in classics, whose lees 
eked out sufficiently his scanty allowance. He neither 
gave nor accepted invitations to wine-parties ; his ap- 
parel was ever very plain, though neat ; and instead of 
getting in debt by buying or hiring hunters, it is a 
curious fact that he never once was on horseback dur- 
ing the whole course ot his life. In the declining state 
of his health, shortly before his death, he was strongly 
recommended to try horse exercise; but, as he related 
to his old friend, Philip Williams (who told me), he 
His horse- objected "that he should certainly fall off like an ill- 
manship. b a i ancec [ sac k o { corn, as he had never crossed a horse 
any more than a rhinoceros, and that he had become 
too stiff and feeble to begin a course of cavaliering." 
He added, with a sort of air of triumph, " My father 
was too poor ever to keep a horse, and I was too 
proud ever to earn sixpence by holding the horse of 
another." l 

He is ap- Abbott's college was very desirous of securing his 

co'iiege services, and soon after taking his degree he was 

tutor " elected a fellow and appointed junior tutor along with 

Mr. Burgess, who was delighted to have him as a 

colleague. Under them CORPUS rose considerably in 

reputation, and it was selected by careful fathers who 

anxiously looked out for a reading college. 

Hisac- While fellow and tutor Abbott was intended for 

S'j'udge tne Church, and the time now approached when he 

Buiier. ought to go into orders. His destination was again 

changed by his having become private tutor to a son 

of the famous Mr. Justice Duller. In a letter to his 



I. Yet so gained his livelihood on his arrival in London, a still 
greater man WILLIAM SHAKESPEARE ! 



LIFE OF LORD TENTERDEN. 279 

friend Egcrton Brydges, dated 22d June, 1785, he 
says : 

" I had received a slight hint that the President had 
another offer to make to me. This is the tuition of Judge 
Buller's son, who will come from the Charterhouse to enter at 
this College next term. I was desired to fix the salary ; but, 
upon consultation with Sawkins, declined it. The President 
and Dr. Bathurst, 1 canon of Christ Church (who recommended 
the College to the Judge), are disposed to think of aoo/. a year 
exclusive of travelling expenses ; but whether they will pro- 
pose this to the Judge, or desire him to name, I am not cer- 
tain. Mr. Yarde has a large fortune independent of his father, 
for which he changed his name. Sawkins advised me (and 
the President approved) to refuse one hundred guineas. Be- 
tween the two offers there could be no hesitation; and indeed 
my friends here thought the American place unworthy of my 

I. " Henry Bathurst (1744-1837), bishop of Norwich, seventh son 
of Benjamin, younger brother of Allen, first Earl Bathurst, was born 
at Brackley, Northamptonshire, on Oct. 16, 1744, and was educated 
at Winchester, and New College, Oxford. He became rector of 
\Vitchingham in Norfolk ; in 1775 was made canon of Christ Church, 
Oxford ; and in 1795 prebendary of Durham. In 1805, on the trans- 
lation of Dr. Manners-Sutton to Canterbury, he was consecrated 
bishop of Norwich. Dr. Bathurst died in London, 1837, and was 
buried at Great Malvern. He was distinguished throughout his life 
for the liberality of his principles, and for many years was con- 
sidered to be ' the only liberal bishop' in the House of Lords. He 
warmly supported Roman Catholic emancipation, both by his speeches 
in the house, and by his presentation of a petition in favor of that 
movement from the Roman Catholics of Tuam. In 1835, when over 
ninety years of age, he went to the house to vote in support of Lord 
Melbourne's government. Though his published writings were but 
scanty, comprising only a few sermous, two of his charges (1806. 
1815) and a ' Letter to the late Mr. Wilberforce on Christianity and 
Politics, how far they are reconcilable' (1818), Dr. Bathurst's love of 
literature was great, and his literary instinct just : he refused to 
believe in the authenticity of the Rowley poems, which, he said, had 
no mark of antiquity, but might pass for a modern work if the spell- 
ing and obsolete words were taken away. The bishop married a 
daughter of Charles Coote, dean of Kilfenora, and brother of Sir 
Eyre Coote. His eldest son, Henry Bathurst, was fellow of New 
College, Oxford, became chancellor of the church of Norwich in 1805; 
held the rectories of Oby (1806), North Creake (1809), and Hollesley 
(1828); and was appointed archdeacon of Norwich in 1814." Nat. 
Biog. Diet, 



280 REIGN OF GEORGE III. 



acceptance. If we agree upon terms, I propose to spend this 
summer in France, if the Judge wishes his son's tutor to be 
able to speak French. I am particularly pleased with the 
appearance of this offer, as it will give me an opportunity of 
being much in London." 

In a letter of July rotli, 1785, he adds : 
" The plan which I mentioned to you in my last re- 
specting Mr. Yarde has been so altered by the Judge, 
that the parts of it from which I promised myself most 
pleasure and advantage are gone. Still the offer is too 
good to be refused. It is to attend him in college only. 
Family circumstances make the Judge wish to have his 
son at home in London as little as possible. The mat- 
ter is not entirely settled ; but for residence with him 
here during the terms I shall have, I believe, a hundred 
guineas a year. If he stays here any vacation, or if I 
accompany him out (which it seems I shall sometimes 
do), a consideration is to be made for it. Mr. \Vil- 
loughby, a particular friend of the Judge, and an ac- 
quaintance of the President, is commissioned to settle 
the affair." 

The affair was at last settled satisfactorily, and 
Abbott did act as Mr. Yarde's private tutor for two or 
three years, sometimes accompanying his pupil to the 
family seat in Devonshire. The quick-sighted Judge 
soon discovered Abbott's intellectual prowess, and his 
peculiar fitness for law. He therefore strongly advised 
him to change his profession, and, somewhat profanely, 
cited to him a case from the Year Books, in which the 
Court laid down that " it is actionable to say of an at- 
torney that he is a d -- d fool, for this is saying that 
he is unfit for the profession whereby be lives ; but aliter 
of a parson, par ce qne on poet estre bon parson et d -- d 
fool." In serious tone the legal sage pronounced, that 
with Abbott's habits of application and clear-headedness 
his success was absolutelv certain saying to him. " You 



LIFE OF LORD TENTERDEN. 28 1 

may not possess the garrulity called eloquence, which 
sometimes rapidly forces up an impudent pretender, but 
you are sure to get early into respectable business at 
the bar, and you may count on becoming in due time a 
puisne Judge." ' Although Abbott had been contented 
with the prospect of obscurely continuing a college 
tutor till he succeeded to a country living, where he 
might tranquilly pass the remainder of his days, he was 
not without ambition ; and when he looked forward to 
his sitting in his scarlet robes at the Maidstone assizes, 
while citizens of Canterbury might travel thither to 
gaze at him, he was willing to submit to the sacrifices, 
and to run the risks which, notwithstanding the san- 
guine assurances of his patron, he -was aware must at- 
tend his new pursuit. He was now in his twenty-sixth 
year, and he had resided seven years in his college. 
His only certain dependence was his fellowship, the 
income of which was not considerable; but from the 
profits of his tutorship he had laid by a little store, 
which he hoped might not be exhausted before it was 
replenished by professional earnings. 

In much perplexity as to the course of study he 
should adopt to fit himself for the bar, he thus ad- 
dressed his faithful friends: 

"C. C. C., June I3th, 1787. 

"... I can never sufficiently thank you for the 
offer of your house in town. There are two modes in 
which I might enter the profession of the law that 
which you propose, of residing chiefly in Oxford till I 
am called to the bar, which would be the line of study 

I. Sir Egerton Brydges, after mentioning how Abbott's destiny 
depended on his being tutor to Buller's son, merely adds: "That 
learned and sagacious Judge immediately appreciated his solid and 
strong talents, and recommended him to embrace the profession of 
the law, rather than of the Church, for which he had hitherto 
designed himself." The language in which the advice was given 
rests on tradition. 



282 REIGN OF GEORGE III. 

CHAP. w hich I should chose ; but then what am I to do when 
called to the bar with the enormous expense of going 
circuits, &c.? and that ot going at once to a special- 
pleader, and practising first below the bar. As far, 
however, as 1 am able to comprehend this line of prac- 
tice, which seems to me to consist in a knowledge of 
forms and technical minutiae, it would be very unpleasant 
to me, and the necessity of sitting six or eight hours a 
day to a writing-desk renders it totally impracticable, 
as from the peculiar formation of the vessels in my head, 
writing long never fails to produce a headache. Indeed 
any great exertion has always the same effect, so that 
on this account alone 1 think it will be wiser to choose 
a more quiet profession." 

However, his misgivings were much quieted by a 
conference he had with his namesake Abbott, after- 
wards elected Speaker of the House of Commons, and 
created Lord Colchester. Thus, in a letter dated i3th 
October, 1787, he writes to Sir Egerton: 

" I received a visit from Abbott this morning, and 
we held a long conversation together. He spent a year 
in a Pleader's office, and another in a Draughtsman's, 
and now practises in equity. Very particular reasons 
determined him to the Court of Chancery ; but he 
would advise me to adopt the common law, and chiefly 
on this account : the practice of the Court of Chancery 
being necessarily confined to certain branches of the 
law in exclusion of certain others, a man's general pro- 
fessional connections can contribute less to his assist- 
ance, and he has less opportunity of distinguishing 
himself. At the same time a person who begins and 
goes forward in equity seldom is able to make himself 
a perfect master of his profession, or qualify himself for 
many of its highest offices. With regard to my own 
particular case, Abbott thinks that, even if no connec- 
tion determined me, it would be better to take one year 



LIFE OF LORD TENTERDEN. 283 

to look into books and courts a little, than to enter at c "^ p> 
once into an office where I could not possibly under- 
stand the business without previous knowledge. This, 
you know, is exactly what I have always thought, and 
wished others to think. He thinks too, that with 
proper application, I might get sufficient knowledge 
by working one year in an office to enable me to pro- 
ceed afterwards by myself, and doubts not that by the 
help of two or three introductions to men in business, 
such as Foster, &c., I should make my way without ex- 
pending so much as six hundred pounds. This, you 
see, is all very flattering. I wish it be not too flat- 
tering." 

Being thus reassured, on the i6th day of November, He is 
1787, he was admitted a student of the Middle Temple ;' the Tem- 

pic. 

and he soon after hired a small set of chambers in Brick 
Court. By Judge Buller's advice, to gain the knowledge 
of writs and practice, for which in ancient times some 
years were spent in an Inn of Chancery, he submitted 
to the drudgery of attending several months in the 
office of Messrs. Sandys and Co., eminent attorneys in 
Craig's Court, where he not only learned from them 
the difference between a Latitat, a Capias, and a Quo 
Minus, but gained the good will of the members of the 
firm and their clerks, 2 and laid the groundwork of his 

" Die 16 Novembris 1787. 

" Ma'. Carolus Abbott Collegii Corporis Christi apud Oxonienses 
Scholaris, Filius natu secundus Johannis Abbott, nuper de Civitate 
Cantuariensi, defuncti, admissus est in Societatem Medij Templi 
Londini specialiter. 

" Et dat. pro fine . . . 4:0:0" 

From the following entry in the books of C. C. C., it appears that 
at this time he had leave of absence from his College: 

" 1787. Nov. I3th. Abbott, A Bachelor of the House, applied for 
leave of absence to keep the London Law Terms. The same was 
granted (conformably to Statute) by the President, one Dean, one 
Bursar, and two other Fellows Promotionis causd." 
2. " Nor did I not their Clerks invite 

To taste said venison hashed at night." 

Pleader's Guide, 



284 REIGN OF GEORGE III. 

CHAP, reputation for industry and civility which finally made 

him Chief Justice. 

Hisindus- His next step was to become the pupil of George 
sUK?e S iu. aw Wood, the great master of Special Pleading, who had 
initiated in this art the most eminent lawyers of that 
generation. Resolved to carry away a good penny- 
worth for the 100 guinea fee which he paid, he here 
worked night and day ; he seemed intuitively to catch 
an accurate knowledge of all the most abstruse myster- 
ies of the DOCTRINA PLACITANDI, and he was supposed 
more rapidly to have qualified himself to practise 
them than any man before or since. The great model 
of perfection in this line, in giving an account of his 
status pupillaris under the eminent special pleader, 
TOM TEWKESBURY,' sings 

" Three years I sat his smoky room in, 
Pens, paper, ink, and pounce consumin'." 

But at the end of one year Abbott was told that he 
could gain nothing more by quill-driving under an in- 
structor. 

With characteristic prudence he resolved to prac- 
tise as a special pleader below the bar till he had estab- 
lished such a connection among the attorneys as should 
A.D. 1788. render his call no longer hazardous, citing Mr. Law's 
splendid success from following the same course. He 
Heprac- accordingly opened shop, hired a little urchin of a 
pleader clerk at ten shillings a week, and let it be understood 
bar. er ' by Messrs. Sandys and all his friends that he was now 
ready to draw Declarations, Pleas, Replications, and 
Demurrers with the utmost despatch, and on the most 

I. Hero of ANSTKY'S, ' Pleader's Guide,' a poem which is, I am 
afraid, now antiquated, and which will soon become almost unintel- 
ligible from the changes in our legal procedure, but the whole of 
which I have heard Professor Porson, at the Cider Cellar in Maiden 
Lane, recite from memory to delighted listeners. He concluded by 
relating, that when buying a copy of it and complaining that the 
price was very high, the bookseller said, " Yes Sir, but you know 
Law-books are always very dear." 



LIFE OF LORD TENTERDEN. 285 

reasonable terms. Clients came in greater numbers c ^ p ' 
than he had hoped for, and no client that once entered 
his chambers ever forsook him. He soon \vas, and he 
continued to be, famous for " the ever open door, for 
quick attention when despatch was particularly re- 
quested, for neat pleadings, and for safe opinions." ' 

Seven years did he thus go on, sitting all day, and 
a great part of every night, in his chambers, verifying 
the old maxim inculcated on City apprentices, " Keep 
your shop and your shop will keep you." He was 
soon employed b) Sir John Scott, the Attorney Gen- 
eral, in preparing indictments for high treason and 
criminal informations for libel in the numerous state 
prosecutions which were going on during " the reign 
of terror," and by his pupils and his business he was 
clearing an annual income of above looo/. He had 
now reached the age of thirty-three, which, although 
it is considered in our profession as early youth, the 
rest of the world believe to smack of old age. 2 He ex- 
claimed, " Now or never must I take the leap into the 
turbid stream of forensic practice, in which so many 
sink, while a few ran nantes, in gurgite vasto* are 
carried successfully along to riches and honor." 

Accordingly he was called to the bar in Hilary He is called 
Term, 1796, by the Society of the Inner Temple, 4 and 

1. Townsend's Twelve Judges, Vol. I. 243. 

2. I remember Mr. Topping giving great offence to the junior 
members of the bar, who expected to be considered young men till 
fifty-five, by observing, when counsel for the plaintiff in a crim. con. 
cause, that the defendant's conduct was the more excusable, "as 
the heyday in the blood was over with him, and he had reached the 
mature age of thirty-three." According to Lord Byron, a lady 
thinks she has married an aged husband, although he may be sev- 
eral years younger than that : 

" Ladies even of the most uneasy virtue 
Prefer a spouse whose age is under thirty." 

3. " A few here and there swimming in the vast whirlpool." 

4. The following is a copy from the books of that Society of his 
admission and of his call : 



286 KEIGN OF GEORGE III. 

C LH P ' a * ew wee ks a * ter ne starte d on the Oxford Circuit. I 
His success my self joined that circuit about fourteen years later, 

on the Ox- J 

ford cir- when I formed an intimacy with him, which continued 
till his death. I then found him with a junior brief in 
every cause tried at every assize town ; and 1 heard 
much of his rapid progress and steady success, with a 
good many surmises, among his less fortunate brethren, 
that it was not from merit alone that he had surpassed 
them. He had at once stepped into full business, and 
this they ascribed to the patronage of an old attorney 
called Benjamin Price, who had acted as clerk of assize 
for half a century, and was agent in London for almost 
all the country attorneys in the eight counties which 
constituted the Oxford Circuit. But in truth Abbott 
was greatly superior to all his rivals as a junior coun- 
sel ; and this superiority was quite sufficient to ac- 
count for his success, although he certainly had been 
very civil always to old Ben, and old Ben had been 
very loud in sounding his praise. He was most per- 
spicacious in advising on the bringing and defence of 
actions ; he prepared the written pleadings on either 
side very skilfully, and without too much finesse ; he 
was of admirable assistance at the trial to a shallow 
leader; he acknowledged that he was an indifferent 
hand at cross-examining adverse witnesses, but he 
never brought out unfavorable facts by indiscreet ques- 
tions; he had great weight with the Judge by his 

"INNER TEMPLE. 

"Charles Abbott, second son of John Abbott, late of the City of 
Canterbury, deceased (who was admitted to the Society of the Mid- 
dle Temple the sixteenth day of November, in the year of our Lord 
1787, as by Certificate from the Middle Temple appears), admitted of 
this Society the eighth day of May in the year of our Lord 1793. 
" Culls to the Bar. Hilary Term, 1796. 

" Mr. John Fuller, 

"Mr. Charles Abbott, \ fa f fa 6 .. 

" Mr. William Lloyd, 

" Mr. John Wadman, 



LIFE OF LORD TENTERDEN. 287 

quiet and terse mode of arguing points of law arising 
at nisi prius, and if a demurrer, a motion in arrest of 
judgment, a special case, a special verdict, or a writ of 
error was to be argued in bane, he was a full match for 
Holroyd, Littledale, 1 or Richardson. 

I. " Descended from an ancient Cumberland family, Sir Joseph 
Littledale was the eldest son of Henry Littledale, Esq., of Eton 
House, Lancashire, and of Mary the daughter of Isaac Wilkinson, 
Esq., of Whitehaven. He was born in 1767, and completed his edu- 
cation at St. John's College, Cambridge, in 1787, with the honorable 
distinction of senior wrangler and first Smith's prizeman. Entering 
Gray's Inn he practised for some years as a special pleader under 
the bar till 1798. Being then called, from that time till 1824, a 
period of twenty-six years, his intimate knowledge of the law and 
patient industry insured the confidence of all who had the manage- 
ment of business, and gave him very extensive employment. In 
1822 he was Sint into Scotland with Mr. Hullock (afterwards ele- 
vated to the bench) for the purpose of arranging some government 
prosecutions. He never accepted a silk gown, nor took the common 
course of seeking advancement by obtaining a seat in parliament, 
and was indeed so little of a party man and so entirely a lawyer, 
that when he was asked by a friend what his politics were, he is said 
to have answered, "Those of a special pleader." His professional 
merits alone pointed him out as the most worthy successor of Mr. 
Justice Best in the Court of King's Bench. He received his ap- 
pointment on April 30, 1824, with the usual honor of knighthood. 
With such colleagues as Chief Justice Abbott, Mr. Justice Bayley, 
and Mr. Justice Holroyd, the court presented for many years as per- 
fect a phalanx of learned and efficient men as had ever been united 
in the administration of justice. For the remaining years of the 
reign of George IV., for the whole of that of William IV., and for 
nearly four years of the present reign, a period altogether of seven- 
teen years, Sir Joseph Littledale performed the duties of his office to 
the admiration not only of lawyers but of the public in general. 
Lord Campbell, who practised under him during the whole time, 
calls him 'one of the most acute, learned, and simple-minded of 
men ' ; and there was scarcely a barrister who did not regard him as 
a judicial father, and none could recall an unkind word of his utter- 
ance, or an impatient expression of his countenance. He was so de- 
votedly attached to his profession that he heartily enjoyed the dis- 
cussion of the legal points before him. Once when the author of 
these pages ventured to express a hope that he was not fatigued 
with the labors of a heavy day, he answered, 'Oh no, not at all ; I 
like it.' Having attained the age of 74, he felt that it was time for 
him to quit active life, and therefore at the end of Hilary term, 1841, 
he resigned his seat, to the regret of his colleagues, and also of an 
admiring bar; who paid him the well merited compliment of an affec- 
tionate address, expressive of their sorrow at parting, and of good 



288 REIGN OF GEORGE III. 

CHAP. j n about two years after his call a deep sensation 
Theacci- w as produced by the unexpected prospect of an open- 
met with, ing for juniors on the Oxford Circuit. It was the cus- 
tom in those days, that while the Judges went all the 
way round in their coaches and four, the counsel jour- 
neyed on horseback. Abbott refused to cross the most 
sedate horses which were offered to him, from the 
certain knowledge that he must be spilt ; but he took it 
into his fancy that it would be a much more easy mat- 
ter to drive a gig, although to this exercitation he was 
equally unaccustomed. As far as Gloucester, after 
some hair-breadth escapes, he contrived to get, with- 
out fracture or contusion ; but in descending a hill 
near Monmouth his horse took fright, he pulled the 
wrong rein, he was upset, and, according to one ac- 
count, " he died immediately from a fracture of the 
skull," and, according to another, " he was drowned in 
the Wye." The news was brought to the assembled 
barristers at their mess, and all expressed deep" regret. 
Nevertheless the brightened eyes and flickering smiles 
of some led to a suspicion that tho dispersion of briefs 
might be a small recompense for their heavy loss. It 
turned out that there had been considerable exaggera- 
tion as to the fatal effect of Abbott's overturn ; but in 
truth his leg was broken in two places, and he had 
received very severe injury in other parts of his body- 
so that from this accident he was permanently lame, 
and he had a varicose vein on his forehead for the rest 
of his days. Although he was able in a few weeks to 
return to business, his constitution materially suffered 

wishes for his future welfare, orally delivered by the Attorney 
General (Sir John Campbell) on his taking leave of the court on Feb- 
ruary 6. Though he was immediately called to the Privy Council, 
he had very little opportunity of aiding in the hearings before its 
judicial committee ; for in less than a year and a half the infirmities 
that had warned him to retire made rapid way, and he died at his 
house in Bedford Square on June 26, 1842." Foss's Judges of Eng- 
land. 



LIFE OF LORD TENTERDEN. 289 

from this shock, and the inability to take exercise c "n P> 
which it superinduced. 

While flourishing on the circuit he had as yet very 
slender employment at Guildhall, and he felt a great 
desire to participate in the commercial business there, 
which is considered the most creditable and the most 
lucrative in the courts of common law. With this view, 
in spite of the sneers of Lord Ellenborough at book- 
writing lawyers, by the advice of Sir John Scott, who 
had become his avowed patron, he composed and pub- 
lished a treatise 'ON MERCHANTS' SHIPS AND SEA- His book 

on SHIP- 
MEN.' In no department does English talent appear 

to such disadvantage as in legal literature ; and we 
have gone on from bad to worse in proportion as 
method and refinement have advanced elsewhere. 
Bracton's work, ' De Legibus et Consuetudinibus 
Anglise,' written in the reign of Henry III., is 
(with the exception of ' Blackstone's Commentaries ') 
more artistically composed and much pleasanter to 
read, than any law-book written by any Englishman 
down to the end of the reign of George III. while we 
were excelled by contemporary juridical authors not 
only in France, Italy, and Germany, but even in 
America. Abbott did a good deal to redeem us from 
this disgrace. Instead of writing all the legal dogmas 
he had to mention, and all the decisions in support of 
them, on separate pieces of paper, shaking them in a 
bag, drawing them out blindfold, and making a chapter 
of each handful, connecting the paragraphs at random 
with conjunctives or disjunctives (" And," " So," " But," 
"Nevertheless"), he made an entirely new and mas- 
terly analysis of his subject ; he divided it logically 
and lucidly : he laid down his propositions with pre- 
cision ; he supported them by just reasoning, and he 
fortified them with the dicta and determinations of 
jurists and judges methodically arranged. His style, 



290 



REIGN OF GEORGE III. 



Ln P ' clear, simple, and idiomatic, was a beautiful specimen 
of genuine Anglicism. The book came out in the 
year 1802, dedicated (by permission) to the man who 
had suggested the subject to him, now become Lord 
Chancellor Eldon. Its success was complete. Not 
only was it loudly praised by all the Judges, but by all 
the City attorneys, and, ever after, the author was em- 
ployed in almost all the charterparty, policy, and other 
Hisbusi- mercantile causes tried at Guildhall. Nay, the fame of 
Guildhall, the book soon crossed the Atlantic, although it was for 
some time ascribed to another ; for, as I have heard 
the true author relate with much glee, the first edition, 
reprinted at New York, was announced in the title- 
page to be by " the RIGHT HONORABLE CHARLES 
ABBOTT, SPEAKER OF THE HOUSE OF COMMONS IN 
ENGLAND." This was his distinguished namesake, 
Lord Colchester, who had been at the bar, and who 
was complimented by the American editor for employ- 
ing his time so usefully during the recess of parlia- 
ment. 1 

Our hero was now as eminent and prosperous as a 
counsel can be at the English bar, who is not a leader 
either with a silk gown as the ordinary testimonial of 
his eminence or, if this for an}- reason be withheld 
from him, dashing into the lead in bombazeen, like 
Dunning, Brougham, and Scarlett. 2 Abbott wore 
the bombazeen quite contentedly, and shrunk from 
everything that did not belong to the subordinate 
duties of the grade of the profession to which this 
costume is supposed to be appropriated. Yet both for 

1. Our legal literature has likewise been greatly indebted to the 
admirable works of Lord St. Leonards on "Vendors and Purchas- 
ers " and on " Powers." 

2. Dunning always wore stuff, except during the short time when 
he was Solicitor General. The two others were in the full lead long 
before they were clothed in silk. I myself led the Oxford Circuit in 
bombazeen for three years. 



LIFE OF LORD TENTERDEN. 29! 

profit and position he was more to be envied than most CHAP. 
of those who sat within the bar, and whose weapon was 
supposed to be eloquence. He was a legal pluralist. 
His best appointment was that of counsel to the Treas- 
ury, or rather " Devil to the Attorney General " by 
virtue of which he drew all informations for libel and 
indictments for treason, and opened the pleadings [in 
all Government prosecutions. Next he was counsel 
for the Bank of England, an office which, in the days of 
one pound notes, when there were numerous executions 
for forgery every Old Bailey Session, brought in enor- 
mous fees. He was likewise standing counsel for a 
number of other corporations and chartered com- 
panies, and being known to be a zealous churchman as 
well as good ecclesiastical lawyer, he had a general 
retainer from most of the Prelates, and Deans and 
Chapters in England. Erskine in all his glory never 
reached icooo/. a year ; yet Abbott, " Leguleius qui- 
dam," is known in the year 1807, to have made a return His large 
to the income-tax of 8o26/. 5*. as the produce of his" 1 ' 
professional earnings in the preceding year, and he is 
supposed afterwards to have exceeded that amount. 

I believe that he never addressed a jury in London His incom- 

r i i f s-\ i i petency as 

in the whole course ot his life. On the circuit he wasanadvo- 
now and then forced into the lead in spite of himself, 
from all the silk gowns being retained on the other 
side, -and on these occasions he did show the most 
marvellous inaptitude for the functions of an advocate, 
and almost always lost the verdict. This partly arose 
from his power of discrimination and soundness of 
understanding, which, enabling him to see the real 
merits of the cause on both sides, afterwards fitted him 
so well for being a Judge. I remember a Serjeant-at- 
law having brilliant success at the bar from always sin- 
cerely believing that his client was entitled to succeed, 
although, when a Chief Justice, he proved without any 



292 REIGN OF GEORGE III. 

CHAP, exception, and beyond all comparison, the most indif- 
ferent Judge who has appeared in Westminster Hall in 
my time. Poor Abbott could not struggle with facts 
which were decisive against him, and if a well-founded 
legal objection was taken, recollecting the authorities 
on which it rested, he betrayed to the presiding Judge 
a consciousness that it was fatal. His physical defects 
were considerable, for he had a husky voice, a leaden 
eye, and an unmeaning countenance. Nor did he ever 
make us think only of his intellectual powers by any 
flight of imagination or ebullition of humor, or stroke 
of sarcasm. But that to which I chiefly ascribed his 
failure was a want of boldness, arising from the recol- 
lection of his origin and his early occupations. " He 
showed his blood." Erskine undoubtedly derived 
great advantage from recollecting that he was known 
to be the son of an Earl, descended from a royal stock. 
Johnson accounts for Lord Chatham's overpowering 
vehemence of manner from his having carried a pair 
of colors as a cornet of horse. \\ r hether Abbott con- 
tinued to think of the razor-case and pewter basin I 
know not ; but certain it is there was a most unbe- 
coming humility and self abasement in his manner, 
which inclined people to value him as he seemed in- 
clined to value himself. Called upon to move in his 
turn when sitting in court in term time, he always 
prefaced his motion with " I humbly thank your Lord- 
ship." I remember once when he began by making 
an abject apology for the liberty he was taking in 
contending that Lord Ellenborough had laid down 
some bad law at nisi prius, he was thus contemptu- 
ously reprimanded : " Proceed, Mr. Abbott, proceed ; 
it is your right and your duty to argue that I mis- 
directed the jury, if you think so." 

He had apprehensions that he could not remain 
much longer stationary at the bar. He said to me that 



LIFE OF LORD TENTERDEN. 293 

if he were sure of having the second brief in a cause he c "^ p> 
would never wish to have the first, but that he might 
be driven to hold the first if he could not have the 
second. Soon after this display of rising spirit he had 
a great opportunity of gaining distinction, for he was 
called upon to lead a very important Quo Warranto 
cause at Hereford, on which depended the right of 
returning to parliament a member for a Welsh borough. 
But nothing could rouse him into energy, and he had a 
misgiving that the proper issue was not taken on the 
7th replication to the loth plea. When he had been His chief 

effort in 

addressing the Jury as leader for half an hour a silly old oratory. 
barrister of the name of Rigby came into Court, and 
when he had listened for another half hour, believ- 
ing all this was preliminary to Dauncey or Serjeant 
Williams acting the part of leader, and explaining what 
the case really was about, he innocently whispered in 
my ear, " How long Abbott is in opening the pleadings 
in this case! " The verdict going against him, a new 
trial was to be moved for next term, when he had not 
the courage to make the motion himself, but insisted 
that it should be made by Scarlett of the Northern 
Circuit, who was still practising without the bar in a 
stiff gown like himself. 

In 1808, when Mr. Justice Lawrence differed with 
Lord Ellenborough, and retired into the Common 
Pleas, Abbott had declined the offer of being made a 
Puisne Judge, on account of the diminution of income 
which the elevation would have occasioned to him 
but soon after I joined the Circuit I found that he 
earnestly longed for the repose of the Bench, and he 
was much chagrined that his patron, Lord Eldon, did 
not renew the offer to him. Sir Egerton Brydges, who 
was still more in his confidence, thus writes : " For 
twenty years he worked at the bar with steady and 
progressive profit and fame, but with no sudden bursts 



294 



REIGN OF GEORGE III. 



CHAP. 



His con- 
Attorney 



Court? 



His mar- 



an d momentary blaze, till his health and spirits began 
to give way. I well remember, in the year 1815, his 
lamenting to me in a desponding tone that his eye-sight 
was impaired, and that he had some thoughts of retiring 
altogether from the profession. I dissuaded him, and 
entreated him not to throw away all the advantages he 
had gained by a life of painful toil, at the very period 
when he might hope for otium cum dignitate. I left him 
with regret, and under the impression that his health 
and spirits were declining." 

While in Court upon the Circuits he betrayed a 
languor which showed that he was sick of it, but in so- 
ciety, and in travelling from assize town to assize town, 
he was lively and agreeable. No one relished a good 
dinner more, although he never was guilty of any ex- 
cess. He still filled the office of Attorney General in 
the Grand Circuit Court, held at Monmouth, which I 
regularly opened as crier, holding the poker instead of 
a white wand; and being so deeply versed in all legal 
forms, he brought forward his mock charges against 
the delinquents whom he prosecuted with much 
solemnity and burlesque effect so as for the moment 
to induce a belief that notwithstanding his habitual 
gravity, Nature intended him for a wag. 1 

I ought to have mentioned that as early as the year 

. 1795, he was so confident of increasing employment that 

lie ventured to enter the holy state of matrimony, being 

united to Mary, eldest daughter of John Lamotte, Esq., 

a gentleman residing at Basildon. 

I. Before the public he was always afraid of approaching a jest 
lest his dignity might suffer, and in his book on Shipping he would 
not, without an apology, even introduce a translation of a passage 
from a foreign writer which might cause a smile : "If mice eat the 
cargo, and thereby occasion no small damage to the merchant, the 
master must make good the loss, because he is guilty of a fault ; yet 
if he had cats on board he shall be excused (Roccus, 58). The rule 
and exception, although bearing somewhat of a ludicrous air, furnish a 
good illustration of the general principle." 



LIFE OF LORD TENTERDEN. 295 

There had been a mutual attachment between them 
some years before it was made known to her family, 
and he had received as a gage d' amour from her, a lock 
of her hair. This revived his poetical ardor, and in 
the midst of Declarations, Demurrers, and Surrebut- 
ters, he drew and settled 

" THE ANSWER OF A LOCK OF HAIR TO THE 
INQUIRIES OF ITS FORMER MISTRESS." 

The reader may like to have two or three of the 
stanzas (or counts) as a precedent : 

" Since first I left my parent stock, 

How strangely alter'd is my state ! 
No longer now a flowing lock, 

With graceful pride elate, 
Upon the floating gale I rise 

To catch some wanton rover's eyes. 

" But close entwin'd in artful braid, 

And round beset with burnish'd gold, 
Against a beating bosom laid, 

An office now I hold : 
New powers assume, new aid impart, 

And form the bulwark of a heart." 

The Lock goes on to describe a great discovery it 
had made while guarding the heart of her lover: 

" For in this heart's most sacred cell, 

By love enthron'd, arry'd in grace. 
I saw a fair enchantress dwell 

The sovereign of the place : 
And as she smil'd her power to view, 

I straight my former mistress knew. 

" Then, lady, cease your tender fears ; 

Be doubt dismiss'd ! Adieu to care ! 
For sure this heart through endless years 

Allegiance true will bear, 
Since I all outward foes withstand, 
And you the powers within command." 

It is said that while still practising as a special 
pleader under the bar he at last ventured to mention 
the proposal to the lady's father. The old gentleman 
asking him " for a sight of his rent-roll," not yet being 



296 REIGN OF GEORGE III. 

CHAP. a ble to boast of " a rood of ground in Westminster 
Hall," he exclaimed, " Behold my booksand my pupils." 
The marriage took place with her father's consent, 
and proved most auspicious. The married couple lived 
together harmoniously and happily for many years, al- 
though of very different dispositions. While he was 
remarkably plain and simple in his attire, she was fond 
of finery, and according to the prevailing fashion, she 

His wife, habitually heightened her complexion with a thick 
veneering of carmine. So little suspicious was he on 
such subjects that I doubt whether he did not exult- 
ingly say to himself, " her color comes and goes." Once, 
while paying me a visit in my chambers, in Paper 
Buildings, the walls of which were of old dark oak 
wainscot, he said, " Now, if my wife had these cham- 
bers, she would immediately paint them, and I should 
like them the better for it." 

In the collection of his letters intrusted to me I find 
only one addressed to his wife, and this I have great 
pleasure in copying for my readers, as it places him in 
a very amiable point of view. Some years after his 
marriage, when he had been blessed with two hopeful 
children, being at Shrewsbury upon the Circuit, he thus 
addressed her : 

" Shrewsbury, March 27th, 1798. 
" MY DEAREST LOVE : 

" I have just received and read your kind letter, 
which I had been expecting near half an hour. The 
inhabitants of any country but this would be astonished 
to hear that a letter can be received at the distance of 
166 miles on the day after its date, and its arrival cal- 
culated within a few minutes. 1 As the invention of 
paper has now ceased to be a theme of rejoicing among 

i. The rapidity of communication by the mail coach, then lately 
established, so much exciting his astonishment, what would he have 
said had he lived to see Railroads and the Electric 7'tlfgraf/i ? 



LIFE OF LORD TENTERDEN. 297 

poetical lovers, I recommend them to adopt the subject 
of mail coaches. They have only to call a turnpike road 
a velvet lawn, and change a scarlet coat into a rosy 
mantle, and they may describe the vehicle and its jour- 
ney in all the glowing colors of the radiant chariot of 
the God of Day. And that no gentleman or lady may 
despair of success in attempting to handle this new sub. 
ject, I have taken the pains to write a few lines, which 
a person of tolerable ingenuity may work out into a 
volume: 

4 In rosy mantle clad, the God of Day 
O'er heaven's broad turnpike wins his easy way ; 
Yet soon as envious Night puts out his fires, 
The lazy deity to rest retires. 
But sure His robes with brighter crimson glow, 
Who guides the mail-coach through the realms below 
And greater he who, fearless of the night, 
Drives in the dark as fast as in the light. 
Sweet is the genial warmth from heaven above ; 
But sweeter are the words of absent love. 
Then cease, ye bards, to sing Apollo's praise, 
And let mail-coachmen only fill your lays.' 

" You see my verses are very stiff, but recollect that 
husbands deal more in truth than in poetry. In truth 
then, I am very happy to hear that you, my dearest 
Mary, and our beloved little John, are so much better, 
and in truth I am very happy to think that the circuit 
is almost over, and that in a few days I shall embrace 
you both. Unless I am detained beyond my expectation 
I shall certainly have the pleasure of dining with you 
on Monday. Indeed I hope to get to Maidenhead 
on Sunday afternoon, and there step into one of the 
Bath coaches that arrive in town about eleven at 
night. I have brought a box of Shrewsbury cakes to 
treat the young gentleman when he behaves well 
after dinner. 

" Adieu, my dearest Mary, 
" Your faithful and affectionate husband, 

" C. ABBOTT." 



298 REIGN OF GEORGE III. 

CHAP. The following verses, which I find in his handwrit- 
ing, were probably enclosed in a letter from him to 
Mrs. Abbott, while on the Circuit at Hereford : 

" In the noise of the bar and the crowds of the hall, 

Tho' destined still longer to move, 
Let my thoughts wander home, and my memory recall 
The dear pleasures of beauty and love. 

" The soft looks of my girl, the sweet voice of my boy, 

Their antics, their hobbies, their sports ; 
How the houses he builds her quick fingers destroy, 
And with kisses his pardon she courts. 

" With eyes full of tenderness, pleasure, and pride, 

The fond mother sits watching their play ; 
Or turns, if I look not, my dulness to chide, 
And invites me like them to be gay. 

" She invites to be gay, and I yield to her voice, 

And my toils and my sorrows forget ; 
In her beauty, her sweetness, her kindness rejoice, 
And hallow the day that we met. 

" Full bright were her charms in the bloom of her life, 

When I walked down the church by her side ; 
And, five years past over, I now find the wife 
More lovely and fair than the bride. 

" Hereford, Aug. 6, iSoo." 

His affection for her was warmly returned, and she 
continued very tenderly attached to him. Shortly be- 
fore his assumption of the ermine, she expressscl to me 
the deep anxiety she felt from a weakness in his eves, 
His desire discontent with the tardiness of Eldon in fulfilling the 

to be made 

a judge, promise to make him a Judge, and the pleasure she 
should have in consenting to his retirement from the 
profession altogether, if this would contribute to his 
comfort. They had lived ever since their marriage in 
a small house in Queen Square, Bloomsburv. giving a 
dinner to a few lawyers now and then, 1 and seeing no 
other companv. He always contributed a dish to his 
own dinner table ; for passing the fishmonger's on his 

I. One of the wise sn-t's which I have heard him recite was, "A 
good dinner, given to guests judiciously selected, is money well 
spent." 



LIFE OF LORD TENTERDEN. 299 

way to Westminster, he daily called there and sent C F P - 
home what was freshest, nicest, and cheapest trusting 
all the rest to her. Their union was blessed with four 
children two sons and two daughters, and the whole 
household was ever remarkable for all that is excellent 
and amiable. 

On the resignation of Mr. Justice Chambre, 1 it H eisdis- 
was thought that Abbott's well-known desire to be ap 

i. The family of De la Chambre, De Camera, or Chaumberay, 
was of Norman origin, and the name of one of its members occurs 
on the roll of Battle Abbey. Hugh De Chambre, or De Camera, in 
the reign of Henry III., settled in Westmoreland, where hisdescend- 
ants have flourished in an uninterrupted lineal succession till the 
present time. Halhead Hall in the parish of Kendal was acquired 
by them by marriage in the reign of Henry VIII., and still remains 
in their possession. Four successive generations became eminent in 
the law ; this judge's great-grandfather and grandfather (both 
named Alan) having been benchers of the Middle Temple, and the 
latter recorder of Kendal, to which his son, Walter Chambre, was 
elected on his father's resignation. The judge was the eldest son of 
this Walter, by his marriage with Mary, daughter of Jacob Morland 
of Capplethwaite Hall in the same county. Alan ChambrS was 
born on October 4, 1739, and, of course, was destined to the profes- 
sion which his progenitors had pursued. With this view, reviving an 
ancient custom which had been long discontinued, he first resorted 
to an inn of Chancery, and paid the customary dozen of claret on 
admission into the society of Staple Inn. He was a member of that 
society in 1757, and his arms are emblazoned on a window in the 
Hall. From this inn he removed to the Middle Temple in February, 
1758. but transferred himself to Gray's Inn in November, 1764, and 
was called to the bar in May, 1767. The diligence with which he 
had devoted himself to his studies was proved by the success which 
he achieved; and his independent and upright conduct and amiable 
disposition may be estimated by his popularity among his colleagues. 
He selected the northern circuit and soon became one of its leaders. 
In June, 1781, he was chosen bencher and in 1783 treasurer of his 
inn ; and in November, 170.6, he was elected recorder of Lancaster. 
On the resignation of Mr. Baron Perryn in 1799, he was named as 
his successor; the announcement of which was received by the cir- 
cuit bar with "acclamations quite unprecedented." It was, of 
course, necessary, in order to enable him to be appointed, that he 
should be made a Serjeant ; and as Baron Perryn's retirement took 
place in vacation, and Serjeants could not be called except in term, a 
short Act of Parliament was passed on July I, i/qq. authorizing, for 
the first time, a Serjeant to receive his degree in the vacation, so 
that the vacant office might be immediately granted to him. In June 
of the following year he was removed from the Court of Exchequer 



3OO REIGN OF GEORGE III. 

CHAP, made a Judge would have been gratified ; but James 
Allan Park had been conducting very successfully 
some Government prosecutions on the Northern Cir- 
cuit, to which much importance was attached, and his 
claims were pressed upon the Chancellor so impor- 
tunately by Lord Sidmouth, that they could not be 
resisted. Abbott and his family were deeply disap- 
pointed, and his health then rapidly declining, there 
were serious apprehensions that he would not be able 
to stand the fatigue of bar practice any longer, and 
that he must retire upon the decent competence which 
he had acquired. It is said that he himself was de- 
liberating between Canterbury and Oxford as his re- 
treat, and that he had fixed upon the latter city, where 
he had always passed his time agreeably, whereas the 
recollections of the former were not the unmixed 
" pleasures of memory." 

to the Common Pleas on the death of Mr. Justice Buller. In that 
court he remained till his resignation in Michaelmas vacation, 1815; 
when having filled the judicial office for more than fifteen years, he 
resigned his seat and became entitled to a retiring annuity of zooo/, 
under the Act of Parliament passed in the year in which he was 
appointed. In the exercise of his functions he merited and received 
universal praise both for his learning and urbanity. Lord Brougham 
alludes to him in his sketch of Lord Mansfield as " among the first 
ornaments of his profession and among the most honest and ami- 
able of men." So extremely careful was he of doing anything that 
could by possibility be misinterpreted, that on one occasion he de- 
clined the invitation to a house at which the judges had been accus- 
tomed to be entertained during the circuit, because the proprietor 
was defendant in a cause at that assize. Sir Alan lived seven 
years after his retirement, and, dying at Harrogate on September 
20, 1823, was buried in the family vault at Kendal. He was never 
marr;?a and was succeeded in his estates by his nephew, Thomas 
Chambre. " Foss' s Judges of England. 



,LIFE OF LORD TENTERDEN. 3OI 



CHAPTER LIII. 

CONTINUATION OF THE LIFE OF LORD TENTERDEN 
TILL HE WAS ELEVATED TO THE PEERAGE. 

OPPORTUNELY another vacancy in the Court of C ] " I A I P ' 
Common Pleas soon after arose from the sudden death A - D - l8 ' 6 - 

He is a 

of Mr. Justice Heath, who, considerably turned ofp uisnein 

J the Corn- 

eighty, made good his oft-declared resolution " to die mon Pleas. 

in harness." J Abbott was named to succeed him, and 

I. Another peculiarity about him was, that he never would sub- 
mit to be knighted ; being likewise resolved to die, as he did, " JOHN 
HEATH, Esq." 

The father of this estimable judge was Thomas Heath, an 
alderman of Exeter ; and his uncle was Benjamin Heath, town-clerk 
and a lawyer of eminence in that city, who was the father of Dr. 
Benjamin Heath, the head master of Eton. Both the brothers 
were learned men, and several works were published by them, 
among which was an Essay on the Book of Job by the judge's 
father. The judge himself for a time filled the office of town-clerk 
of his native city : and on his death bequeathed nearly 2o,ooo/. to 
his friend Mr. Gatty, who held the office after him. He was a mem- 
ber of the Inner Temple, to which he was admitted in May, 1759, 
and was called to the bar in June, 1762. In 1775 he was graced with 
the dignity of the coif, and had a certain prospect of promotion in 
the friendship of Mr. Thurlow, who when he became Lord Chancellor 
recommended him for the first vacancy on the bench that occurred. 
Accordingly, on the death of Mr. Justice Blackstone, Mr. Heath was 
appointed to supply his place in the Common Pleas on July 19, 
1780. . . . His age at his death is recorded in the parish register to 
have been eighty, but on his monument in the church of Hayes in 
Middlesex, where he lived with his sister, he is stated to have been 
ei>;hty-five. That the latter was incorrect is rendered more probable 
from another blunder on the stone, representing his death to have 
taken place on January 23, 1817, when in fact it occurred on January 
16, 1816. That he was somewhat eccentric may be surmised from 
his refusal to accept the honor of knighthood, at that time and now 



302 REIGN OF GEORGE III. 

CHAP, being obliged to submit to the degree of Serjeant at- 
Law, he took the same motto which he had modestly 
adopted for his shield when he first indulged his fancy 
in choosing armorial bearings LAHORE. 

The following letter was written by him in answer 
to congratulations from his old school-fellow but it 
cannot be trusted as disclosing the whole truth ; for he 
was ever unwilling to breathe any complaint against 
Lord Eldon, even when he thought himself deeply 
aggrieved by the selfishness of his patron : 

"Serjeants' Inn, Feb. I5th, 1816. 

" MY DEAR FRIEND, 

" I have felt highly gratified by the receipt of your 
kind letter and the warmth of your congratulations on 
my promotion to the Bench. 1 can never forget how 
much my present station is owing to your earl}- friend- 
ship. The great object of my desire and ambition is 
now attained : it has been attained at a time when I 

almost invariably conferred on the occupiers of the judicial bench. 
. . . But his excellence in performing the functions of a judge is 
allowed by all who were witnesses of his career. Lord Eldon, who 
was part of the time chief justice of that court, took occasion to 
remark with admiration and surprise on the extent of his professional 
knowledge. Many also are the testimonies to his private worth and 
to the universality and accuracy of his general knowledge. He was 
strictly impartial, and on the trial of the Bishop of Bangor and 
others for a riot he stated that the evidence proved the case, rr;d 
summed up strongly against them. But their compassion for the 
bishop more than the eloquence of Erskine induced the jury to 
bring in a verdict of acquittal. He was considered a severe judge, 
and Lord Campbell says (Chancellors, vi. 154) that he used to hang 
in all capital cases on principle, because he knew of no good sec- 
ondary punishments. Though capital punishments were then car- 
ried to an outrageous extent, the failure of the ticket-of-leave 
system which too frequently follows the penalties since substituted 
forcibly confirms the judge's opinion that " the criminal is soon 
thrown upon you again, hardened in guilt." Though he is said to 
have held this opinion, in his private intercourse he was kind, chari- 
table, and good natured ; and Mr. Serjeant Shepherd took an oppor- 
tunity of expressing the sentiments of the bar and his own, in 
paying respect to his memory as an able and upright judge and a 
worthy and valuable man. He died unmarried. pass's Judges of 
England. 



LIFE OF LORD TENTERDEN. 303 

had begun to be solicitous about it, as well on account 
of my advancing age as of a complaint that has for 
some months affected my eye-lids and made reading 
by candle light very inconvenient. The comparative 
leisure I now enjoy has, I think, already been attended 
with some beneficial effect and an abatement of the 
complaint. If the offer had not come now, it might 
have come too late; if it had come much sooner, pecu- 
niary considerations would not have allowed me to ac- 
cept it. But, like all other men who have obtained the 
object of their pursuit, I am now beginning to feel the 
difficulties that belong to it to tremble lest I should 
be found unequal to the discharge of the duties of my 
station from want of learning, or talents, or temper, or 
lest the res still angusta domi should not enable me to 
keep up the outward state that so high a rank in so- 
ciety requires, without injury to my family. These 
difficulties, small at a distance, like all others, now 
appear large to my view the last of them larger, per- 
haps, than it ought, though the transition from an 
income exceeding present calls and daily flowing in, 
to one receivable at stated periods and of which the 
sufficiency is not quite certain, is attended with very 
unpleasant sensations. The employment of the mind, 
however, so far at least as my very short acquaintance 
with it enables me to judge, is far more agreeable. 
The search after truth is much more pleasant than the 
search after arguments. Some time may also be al- 
lowed to those studies which are the food of youth and 
the solace of age, but to which a man actively engaged 
in the profession of the law can only give an occasional 
and almost stolen glance. And some time may be 
allowed, too, for the discharge of the duties of domestic 
life, for the calls and the pleasures of friendship, and 
for that still more important task, the preparation for 
another world, to which we are all hastening. I have 



304 REIGN OF GEORGE III. 

CHAP, been told that some persons, on their promotion to the 
Bench, have found their time hang heavy on their 
hands; but I cannot think this will ever be my own 
case. 

" I have another subject of congratulation, for I am 
to go the Home Circuit, which I shall not have another 
opportunity of doing for many years. C. Willyams 
has promised to be at Maidstone during the assizes. I 
hope he will not be the only old friend I shall meet 
there. 1 

" With best respects to Lady Brydges, 
" I remain, 

" My dear Sir Egerton, 
" Your very faithful and affectionate friend, 

" C. ABBOTT." 

He sat for a very short time as Judge in the Court 
of Common Pleas ; but not a word which fell from him 
there has been recorded, and had he remained there 
we should probably have known little more of him 
than the dates of his appointment and of his death in 
' Beat sons Political Index' But he was unexpectedly 
. transferred to another sphere, where he gained himself 

He is trans- 

ferredto a brilliant and a lasting reputation. Of this change he 

the King's 

Bench. gives an account in the following letter: 

" Queen Square, May 5th, 1816. 

" MY DEAR SIR EGERTON, 

" You have probably been already informed that 
I have been removed from the Common Pleas to the 
King's Bench. The change was greatly against my 
personal wishes on account of the very great differ- 
ence in the labor of the two situations, which I estimate 
at not less than 400 hours in a year. I had hoped to 
pass the remainder of my life in a situation of compara- 

i. The vision of his fellow townsmen coming over from Canter- 
bury to see him in the Crown Court, habited in scarlet and ermine, 
was about to be fulfilled. 



LIFE OF LORD TENTERDEN. 305 

live ease and rest ; but the change was pressed upon C ."A P> 
me in a way that I could not resist, though very un- 
willing to be flattered out of a comfortable seat. I 
hope you will not think I have done wrong. 
" I remain, 

" My dear Sir Egerton, 

" Yours most sincerely, 

"C. ABBOTT." 

In his DIARY, begun November 3d, 1822, but taking 
a retrospect of his judicial life, he explains that the true 
reason of his removal was that Lord Eldon wished to 
make a Judge of Burrough, 1 who, from age and other 
defects, was not producible in the King's Bench, but 
might pass muster in the Common Pleas. Having 
stated how he at first refused and how Lord Ellenbor- 
ough pressed him to agree, he proceeds: " Upon this 
I went to Lord Chief Justice Gibbs, at his house at 
Hayes, in Kent, to consult him. I spoke of the state of 
my eyes. He said, ' If a higher situation were offered 
to you, would you refuse it on that account?' I an- 
swered, 'I should not think myself justified toward my 
family in doing so, but my own ambition is quite satis- 
fied' (as in truth it was). He replied, ' Then you must 

I. Sir James Burrough (1750-1839), judge, third son of the Rev. 
John Burrough of Abbots-Anne, Hampshire, was born in 1750. En- 
tering the Inner Temple in February, 1768, he was called to the bar 
by that society in November, 1773, but was not elected a bencher 
until 1808. He joined the western circuit, and after many years' 
practice was in 1792 appointed a commissioner of bankruptcy, in 1794 
Deputy Recorder of Salisbury, and afterwards Recorder of Ports- 
mouth. In May. 1816, being then sixty-six years of age, he was 
raised to the bench of the Common Pleas, and received the custom- 
ary knighthood, a promotion he owed to the steady friendship of 
Lord Eldon. In that court he sat until the end of 1829, when in- 
creasing infirmities obliged him to retire. He survived nearly ten 
years, and, dying on March 25, 1839, was buried in the Temple 
Church. His daughter Anne, his only surviving child, erected a 
monument to his memory in the church of Taverstock, Wiltshire, in 
which county and in Hampshire he possessed considerable prop- 
erty. Nat. io?. Diet. 



306 REIGN OF GEORGE III. 

CHAP. not i e t that excuse prevent your removal.' After some 
further conference, in the course of which he expressed 
himself with great kindness in regard to losing my as- 
sistance in the Common Pleas, it was resolved that I 
should remove, and upon my return from Hayes I 
communicated to the Lord Chancellor that I was will- 
ing to remove. This account ot my removal to the 
King's Bench may serve as an example of the maxim 
that to do right is the greatest wisdom even the 
greatest worldly wisdom. It was right that I should 
remove into the King's Bench, and I ought to have done 
so at the first proposal from the Lord Chancellor; but 
1 preferred Gibbs, C. J., to Lord Ellenborotigh, as I had 
a right to do from long acquaintance and many acts 
of kindness. I preferred my ease to the wish of the 
Chancellor, for 1 might have understood his proposal 
to contain his wish, though he would not tell me so. 
This I had no right to do, for 1 owed everything to 
him and his kindness. As soon as I removed I felt sat- 
isfied with myself, though I may truly say I did not by 
any means expect the consequence that followed two 
years and a half afterwards. But it I had not removed 
into the King's Bench, I think it certain that I should 
not have been placed at the head of that Court." 

On Friday, the 3d of May, 1816, Mr. Justice 
Abbott took his seat in the Court of King's Bench 
along with Lord Ellenborough, Mr. Justice Bayley, and 
Mr. justice Holroyd ' and he officiated there as a 
puisne Judge till Michaelmas Term, 1818. Never hav- 
ing led at Nisi Prius, and having been accustomed to 
attend to detached points as they arose, rather than to 
take a broad and comprehensive view of the merits of 
the cause, he at first occasioned considerable disap- 
pointment among those who were prepared to admire 
him ; but he gradually and steadily improved, and 

I. 6 Taunton, 516 ; 5 Maule and Selwyn, 2. 




ROHERT PEEL. 



LIFE OF LORD TENTERDEN. 307 

before the expiration of the second year he gave de- 
cided proof of the highest judicial excellence. The 
complaints made against him were, that in- spite of 
efforts at self-control, his manner to boring barristers 
was sometimes snappish ; that he showed too much 
deference to the Chief Justice ; above all, that in some 
political prosecutions, although his demeanor was 
always decorous, and he said nothing that could be laid 
hold of as misdirection or misrepresentation, he betrayed 
an anxiety to obtain a verdict for the Crown. Lord 
Ellenborotigh's health was seriously declining, and in 
those clavs there was still a strong disposition in the 
Government to repress free discussion and to preserve 
tranquillity by a very rigorous enforcement of the 
criminal law a disposition which soon after ceased, 
when Peel 1 became Home Secretary and Copley At- 

i. Sir Robert Peel (/>. Feb. 5, 1788, </. July 2, 1850) was the son 
of Sir Robert Peel, an enormously wealthy Lancashire cotton manu- 
facturer. Educated at Harrow and Christ Church, Oxford, Peel, 
after a very brilliant university career, entered parliament for 
Cashel in 1809, as a supporter of Mr. Perceval. In 1810 he was 
made Under-Secretary for the Home Department. In 1812 he was 
Chief Secretary for Ireland under Lord Liverpool. In 1817 he was re- 
turned as member for Oxford University, and in 1819 he was 
chosen chairman of the committe on the currency, in which capacity 
he was mainly instrumental in bringing about the return to cash 
payments. From 1822 to 1827 Peel was Home Secretary ; but on the 
accession of Canning (April, 1827), he retired, being unable to agree 
with that minister on the subject of Catholic Emancipation. In 1828 
he returned under the Duke of Wellington; and in March, 1829, 
having become convinced of the necessity of granting the demands 
ol the Catholics, he moved the Catholic Relief Bill in the House of 
Commons. In May, 1830, Peel succeeded his father in the baronetcy, 
and, having been rejected the previous year by the University of 
Oxford, re-entered parliament as member for Tamworth. During 
the discussion on the Reform Bill, Peel, who resigned with his col- 
leagues (Nov., 1830), strenuously opposed the measure. In 1834 he 
was recalled to office during the brief Conservative ministry of Will- 
iam IV. On May 5, 1839, on the resignation of the Melbourne min- 
istry, Sir Robert Peel was sent for by the queen ; but his request for 
the removal of certain of her majesty's ladies of the bed-chamber 
who were connected with Whig leaders being refused, he declined to 
form a ministry, and the Whigs returned to office. In Aug., 1841, 
they resigned, and Sir Robert Peel became Prime Minister, holding 



308 REIGN OF GEORGE III. 



torney General. The malicious insinuated that an 
aspiring puisne was trying for the Collar of SS by " a 
mixture of good and evil arts." He himself was so pro- 
foundly reserved that he might have been acting upon 
this plan without having disclosed it to his own mind. 

I happened to be much in his company during the 
long vacation of 1816. In consequence of a serious 
illness, then being a desolate bachelor, 1 had retired to 
a lonely cottage at Bognor, on the coast of Sussex, and 
Mr. Justice Abbott taking up his residence there with 
his family, he was exceedingly kind to me. In our 
walks he talked of literature much more than of law, 
and he would beautifully recite long passages from the 
Greek and Latin classics, as well as from Shakespeare, 
Milton, and Dryden. For all modern English poetry 
he expressed infinite contempt. When I ventured to 
stand up for brilliant passages in Byron, he only ex- 
claimed 

" Unus et alter 
Assuitur pannus ! "' 

office till June, 1846. His regime was marked by some important 
financial changes, including the Bank Charter Act of 1844. But it 
was specially marked by the repeal of the Corn Laws and the 
removal of protectionist restrictions on trade. Sir Robert, with the 
bulk of his followers, was altogether opposed to the removal of the 
corn duties, and vigorously resisted the Anti-Corn Law agitators. 
But he at length became convinced of the justice of their cause, and, 
to the intense disgust of many of his followers, himself brought in 
the bill for the repeal of the duties on corn. But a large portion of 
the Conservatives abandoned him, and the Liberals gave him little 
support, and in June, 1846, he resigned. During the remaining 
years of his life he gave a general support to the home and com- 
mercial policy of the Whig ministers, though he opposed their foreign 
policy. He died from the effects of a fall from his horse while rid- 
ing in St. James's Park. Peel's public action, especially in the mat- 
ter of the Catholic Claims and the Corn Laws, exposed him to much 
misconstruction in his lifetime. But his honesty, his zeal for the 
welfare of the country, his moral courage and independence of char- 
acter, have been amply acknowledged by the succeeding generations. 
And whatever exception might be taken to his general statesmanship, 
no one has doubted that his talents as an administrator and a finan- 
cier were of the highest possible order. Diet, of Eng. Hist. 
I. " One and another patch is sewed on." 




ROBERT BARON GIFFORD. 



LIFE OF LORD TENTERDEN. 309 



Yet he was himself still sometimes inspired by the 
Muse. While we remained at Bognor, the Channel 
was visited by a tremendous tempest, which he cele- 
brated by the following 

" Sonnet lathe South- West Gale. 
" Perturbed leader of the restless tide, 

That from the broad Atlantic swept away, 

Here mingles with the clouds its lofty spray. 
As if it would the narrow limits chide 
That Albion from her neighbor Gaul divide 
Relentless SOUTH-WEST ! curb thy angry sway, 
Ere yet the swelling billows' fierce array 
Close o'er yon shattered bark's devoted side ! 
The melancholy signal sounds in vain; 

The crew, desponding, eye the distant shore; 
Calm, ere they perish, calm the troubled main, 

The placid sea and sky serene restore; 
And be thou welcom'd in the poet's prayer, 
God of the balmy gale and genial air ! " 

In the autumn of 1818 there was a great excitement "^f 
in the legal world. Lord Ellenborough had had a par- jjjj. 1 ^ o 
aly tic seizure, and it was certain that he could never sit En g' and 
again. Sir Samuel Shepherd, the Attorney General, 
although an excellent lawyer as well as a very able and 
honorable man, was so deaf that he could not with pro- 
priety accept any judicial office which required him to 
listen to parol evidence, or to vivd voce discussion. Sir 
Robert Giffard ' had been recently promoted to be So- 
licitor General, from a rather obscure position in the 
profession, and he could not as yet with propriety be 
placed at the head of the common law. Sir Vicary 
Gibbs was looked to, having a great legal reputation, 
and being in the highest favor with the Government; 
for from Attorney General, he had successively been 
made a puisne Judge, Chief Baron of the Exchequer, 

I. Robert Giffard, Baron Saint Leonards, an able English lawyer, 
born at Exeter in 1779. He was appointed Solicitor General in 1817, 
and Attorney General in 1819. In this capacity he conducted the 
prosecution of Queen Caroline in 1820, after which he received the 
title of baron. He became master of the rolls and chief justice of 
common pleas in 1824. Died in 1826. Thomas' Biog. Diet. 



3IO REIGN OF GEORGE III. 

CHAi'. anc l Chief Justice of the Common Pleas; but the nand 

LI 1 1* 

of death was now upon him. Who was to be Chief 
Justice of England? Lord Ellenborough strongly rec- 
ommended Mr. Serjeant Lens, a most honorable man, 
an accomplished scholar, and a very pretty lawyer, 
and he was for some time the favorite. 

I well remember one morning in the end of October, 
1818, about a fortnignt after Lord Ellenborough's death, 
when the puisne Judges of the King's Bench were as- 
sembled at Serjeants' Inn for the hearing of special 
arguments in what was called the " Three Cornered 
Court," it was announced that Abbott was certainly to 
be Chief Justice. Nothing discredited the assertion 
except that his own manner was tranquil and listless, 
and that he was observed several times to yawn, seem- 
ingly against his will. Some alleged that the news 
might be true, as he was only acting a part and 
others, who knew him better, explained what they be- 
held by his habitual want of animal spirits and the col- 
lapse after long and painful anxiety. 

At the rising of the Court he accepted our con- 
gratulations on his appointment, and on the 4th of 
November, fourteen years to a day before his own 
death, he actually appeared in Court at Westminster 
wearing the Chief Justice's golden chain. 

His family expected to see at the same time his 
brows encircled with a coronet, for ever since Lord 
Mansfield's elevation in 1756, the Chief Justice of the 
King's Bench had been ennobled on his appointment. 
This distinction was withheld from Chief Justice Ab- 
bott for nine years ; but without such adventitious aid 
he won the highest respect of the public (as Holt had 
done) by the admirable discharge of his judicial duties. 

The following letter from him to Sir Egerton 
Brydges, who had calculated upon a peerage being at 



LIFE OF LORD TENTERDEN. 311 

once conferred upon him, fully explains what then took 
place, and his own views upon the subject : 

" Russell Square, Jan 17th, 1819. 

" MY DEAR SIR EGERTON, 

" I thank you most heartily for your very affection- 
ate letter, and assure you I do not doubt the sincerity 
of your warm and kind expressions. It is well that you 
waited no longer in expectation of seeing my promotion 
to the peerage announced. Such an event is neither 
probable nor desirable. When the Lord Chancellor 
told me he was authorized by the Prince Regent to pro- 
pose the office of Chief Justice to me, he said he was also 
directed by His Royal Highness to acquaint me that it 
was not the intention of His Royal Highness to confer a 
peerage upon the person who should take the office, who- 
ever he might be. My answer was, that the latter part 
of his sentence relieved me from the only difficulty I 
could have had in answering the first. I was willing to 
take the office, but neither the state of my fortune nor 
that of the office would allow me to take a peerage, 
according to my views of expediency and justice to 
my family. All the offices in the gift of the Chief 
Justice, and which make his office a means of provid- 
ing for a family, are now held by the families of my 
predecessors upon lives which I can never expect to 
survive. My emoluments will fall far short of two- 
thirds of those which Lord Ellenborough enjoyed for 
many years past. Under such circumstances I should 
be most unwilling to accept an hereditary honor, and I 
think myself fortunate in having a family, of which no 
one member is desirous of such a distinction. I have 
written so much about myself and my own situation, 
because I know that you wish to hear of them. It is a 
subject of deep regret to me that I receive your con- 
gratulations on my promotion from a distant country. 



312 REIGN OF GEORGE III. 

CHAP. " Wherever you are and whatever you do, may 

health and comfort attend you ! " 
Extraor- 'j-j ie f ar happiest part of my life as an advocate I 

dinary ex- 
cellence of passed under the auspices of Chief Justice Abbott. 

the King's r 

Bench as a From being a puisne, it was some time before he ac- 
justice quired the ascendency and the prestige which, for the 

while he ....., 

presided due administration ol justice, the Chief ought to enjoy, 
and while Best 1 remained a member of the Court, 

I. While this judge was an actor on the legal stage he was only 
known by his patronymic, his title of Lord Wynford not having been 
given to him till he had retired from the bench. He was born on 
December 13, 1767, at Hasselbury Plunknett in Somersetshire, the 
third son of his father Thomas Best, Esq., by a daughter of Sir 
William Draper, well known as the antagonist of 'Junius.' Left 
an orphan in infancy he was sent to the school of the neighbor- 
ing town of Crewkerne, and at the age of fifteen was removed to 
Wadham College, Oxford, where he was educated with the view of 
entering the Church. This plan he was induced to relinquish in 
consequence of coming into possession by the death of a near rela- 
tion, of a considerable estate. Then selecting the law as his profes- 
sion he entered the Middle Temple on October 9, 1784 ; and being 
called to the bar on November 6, 1789, joined the Home Circuit. 
Very early in his career he had the good fortune to extract a flat- 
tering eulogiutn from Lord Kenyon in a case which he argued in the 
Court of King's Bench. This was so unwonted in the Chief Justice 
that it was sure to attract attention ; and he consequently soon re- 
ceived ample employment. Though superficial in legal knowledge, 
his readiness of comprehension and fluency of speech enabled him 
to avail himself of his early success, and his increase of business 
warranted him in accepting the degree of the coif in 1800. His ser- 
vices were in great requisition, not only in his own Court of Com- 
mon Pleas but in the other courts of Westminster Hall ; and he 
sometimes appeared on important criminal trials. He succeeded for 
William Macfarlane, charged in 1802 with destroying the brig Ad- 
venture, upon a point of law taken by him and Mr. Erskine. In the 
case of Colonel Despard, whom in the next year he defended, the 
evidence of high treason was too clear to leave a hope for acquittal. 
He entered parliament in 1802 as member for Petersfield, and took a 
prominent part in its proceedings ; particularly in reference to naval 
affairs and public accounts. He was one of the acting managers on 
the impeachment of Lord Melville, and, with Sir Samuel Romilly, 
answered the legal objections taken by the counsel for the defence. 
A bill for the improvement of the livings of the London clergy was 
originated by him, for which that reverend body showed their 
gratitude by presenting him with a valuable piece of plate. In 1814 
he represented Bridport ; and from that time till his death, leaving 
the Liberal party with whom he had hitherto acted, he was a zealous 



LIFE OF LORD TENTERDEN. 313 

he frequently obstructed the march of business. But C ", A , P ' 

supporter of Conservative principles. In his professional capacity 
he showed cause against the rule for filing a criminal information 
against Colonel Draper in May, 1806, for a libel on Mr. Sullivan ; 
but did not appear for him on his trial in June, 1807 ; though he 
did in the subsequent proceedings against the colonel for the libel 
on Colonel Fullarton. In the meantime he had been appointed one 
of the King's Serjeants, and recorder of Guildford ; and in Mich- 
aelmas, 1813, he was selected as Solicitor General to the Prince of 
Wales, then Regent , succeeding in 1816, to the Attorney Generalship 
to his Royal Highness. With that prince he was a great favorite ; 
and by the royal patronage he became successively Chief Justice of 
Chester and a Judge of the King's Bench ; the latter promotion 
taking place in December, 1818. He was knighted in the following 
June. After sitting in that court rather more than five years he was 
advanced in April, 1824 to the head of the Court of Common Pleas, 
from which in five years more his increasing infirmities obliged him 
to retire in June, 1829. By the continuance of royal favor he was 
then raised to the peerage as Baron Wynford, the title being taken 
from an estate he had purchased in Dorsetshire ; and at the same 
time he was appointed a deputy speaker of the House of Lords. In 
that House and in the Privy Council he took his due proportion of 
labor in the judicial business, as often as his violent attacks of the 
gout enabled him to attend. In the debates he strenuously opposed 
the reform bill through all its stages ; and was always found in op- 
position to the party who supported it. He lived for sixteen years 
after his retirement, and died at his seat called Leesons in Kent on 
March 3, 1845. Lord Wynford's countenance, though not handsome 
was very attractive. It indicated great cordiality and good humor, 
with much intelligence ; but it also showed something of a hasty 
temperament. As an advocate he was fluent if not eloquent, acute 
if not learned, and his zeal for his clients left no means untried for 
ensuring their success. Sometimes in the ardor of his exertions 
he would disturb the dignity of his court, and excite the temper of 
the Chief Justice. But he was a favorite not only with his colleagues 
at the bar, but also with the attorneys and the litigating public ; and 
consequently commanded a large business both in the Common Pleas 
and on the circuit. As a judge he was apt to form hasty and ques- 
tionable opinions, and when presiding at Nisi fritis, to lean in his 
summing up so much to one side that he was nicknamed the " judge 
advocate." Though he was remarkable for the clearness and terse- 
ness of his decisions, he was considered by the profession as an 
indifferent judge, and brought himself into bad odor, as well by the 
political bias he often displayed, as by his occasional irritability 
and intemperance on the bench. His disposition as a man was 
essentially kind, amiable, and charitable. He married very early 
in life Mary Anne, the daughter of Jerome Knapp, Esq., of Haber- 
dashers' Hall, London ; and had by her ten children. The title is 
now borne by his son, the second baron. Pass's Judges of England. 



314 REIGN OF GEORGK III. 

CHAP. w hen this very amiable and eloquent, although not 
very logical, Judge had prevailed upon the Prince 
Regent to make him Chief Justice of the Common 
Pleas, the King's Bench became the beau ideal of a 
court of justice. Best was succeeded by Littledale, 
one of the most acute, learned, and simple-minded of 
men. For the senior puisne we had Bayley. He did 
not talk very wisely on literature or on the affairs of 
life, but the whole of the common law of this realm he 
carried in his head and in seven little red books. These 
accompanied him day ahd night ; in these every re- 
ported case was regularly posted, and in these, by a 
sort of magic, he could at all times instantaneously turn 
up the authorities required. The remaining puisne was 
Holroyd, who was absolutely born with a genius for 
law, and was not only acquainted with all that had 
ever been said or written on the subject, but reasoned 
most scientifically and beautifully upon every point of 
law which he touched, and, notwithstanding his husky 
voice and sodden features, as often as he spoke he de- 
lighted all who were capable of appreciating his rare- 
excellence. Before such men there was no pretence 
for being lengthy or importunate. Every point made 
by counsel was understood in a moment, the applica- 
tion of every authority was discovered at a glance, the 
counsel saw when he might sit down, his case being 
safe, and when he might sit down, all chance of success 
for his client being at an end. I have practised at the 
bar when no case was secure, no case was desperate 
and when, good points being overruled, for the sake of 
justice it was necessary that bad points should be 
taken ; but during that golden age law and reason 
prevailed the result was confidently anticipated by 
the knowing before the argument began, and the 
judgment was approved by all who heard it pro- 
nounced, including the vanquished party. Before 



LIFE OF LORD TENTERDEN. 315 



such a tribunal the advocate becomes dearer to himself 
by preserving his own esteem, and feels himself to be a 
minister of justice, instead of a declaimer, a trickster, 
or a bully. I do not believe that so much important 
business was ever done so rapidly and so well before 
any other Court that ever sate in any age or country. 

Although the puisnes deserve all the praise that 1 His great 
have bestowed upon them, yet the principal merit is, Judge. 
no doubt, due to Abbott, and no one of them could 
have played his part so well. He had more knowledge 
of mankind than any of them, and he was more skilful 
as a moderator in forensic disputation. He was not 
only ever anxious, for his own credit, that the business 
of the Court should be despatched, but he had a genu- 
ine love of law and of justice, which made him con- 
stantly solicitous that every case should be decided 
properly. His pasty face became irradiated and his 
dim eye sparkled if a new and important question of 
law was raised ; and he took more interest in its de- 
cision than the counsel whose fame depended upon the 
result. Though a most faithful trustee of the public 
time, insomuch that he thought any waste of it was a 
crime and a sin, he showed no marks of impatience, 
however long an examination or a speech might be, if 
he really believed that it assisted in the investigation 
of truth, and might properly influence the jury in 
coming to a right verdict. 

The language in which he clothed his statements 
and decisions was always correct, succinct, idiomatic, 
and appropriate, and he would not patiently endure 
conceit or affectation in the language of others. He 
was particularly irate if a common shop was called a 
warehouse by its owner, or the shopman dubbed himself 
an assistant. A gentleman pressing into a crowded 
court, complained that he could not get to his counsel. 
Lord Tenterden : "What are you, Sir?" Gentleman: 



316 REIGN OF GEORGE III. 

C Liii P ' " ^ Lord, I am the plaintiff's solicitor." Lord Tenter- 
den : " We know nothing of solicitors here, Sir. Had 
you been in the respectable rank of an attorney, I 
should have ordered room to be made for you." ' A 
country apothecary, in answer to some plain questions, 
using very unnecessarily high-sounding medical phrase- 
ology, the Chief Justice roared out, " Speak English, 
Sir, if you can, or I must swear an interpreter." 

There were heavy complaints against him at nisi 
prius, that when a fact had been proved by one wit- 
ness, he reprimanded the counsel for calling another to 
prove it over again, that he was angry when a wit- 
ness was cross-examined as to the facts sworn by him 
when examined in chief, and that he appealed to the 
evidence he had written down in his note book as if it 
were a special verdict upon which the cause was to be 
decided, forgetting that everything might depend 
upon the impression made by the evidence upon the 
minds of the jury and the credit they might give to the 
witnesses. There is no denying that occasionally he 
was rather irritable and peevish, and showed in his 
manner a want of good taste and of good breeding. 
When a third or fourth counsel rose to address him, 
following able leaders, he would sneeringly exclaim, 
" I suppose we are now to hear what is to be said on 
the other side" although it might be the maiden effort 
of a trembling junior ; and he too often forgot the re- 
mark of Curran, 2 when reproached for too much for- 

1. When in 1850 I returned to Westminster Hall, after an absence 
of nine years, I found that the Attorneys had almost all grown into 
SOLICITORS : and the more expedient course now would probably be 
entirely to abolish the word attorney, although it denotes the repre- 
sentative character of the forensic agent much more appropriately 
than the favored word Solicitor. 

2. John Philpot Curran was born at Newmarket, near Cork, in 
1750. He received a grammatical education, and was afterwards 
admitted a sizar of Trinity College, Dublin, from whence he removed 
to one of the inns of court in England, where in regular course he 
was called to the bar. He did not, however, succeed in practice for 



LIFE OF LORD TENTERUEN. 317 

bearance on becoming Master of the Rolls, " I do not 
like to appear in the character of a drill-serjeant, with 
my cane rapping the knuckles of a private, when I am 
raised from the ranks to be a colonel." 

Although he behaved very courteously to the other 
puisnes, he could not always conceal his dislike to 
brother Best. That learned Judge, in trying a defend- 
ant for a blasphemous libel, had thrice fined him for 
very improper language in addressing the jury 2O/. 
for saying to the Judge when reproved, "My Lord, il 
you have your dungeon ready, I will give you the 
key " 4O/. for saying that " the Scriptures were an- 
cient tracts containing sentiments, stories, and repre- 
sentations totally derogatory to the honor of God, 
destructive to pure principles of morality, and opposed 
to the best interests of society " and the like sum of 
4O/. for saying very irreverently, but one would have 
thought less culpably, " The Bishops are generally 
sceptics." A motion being made for a new trial on the 
ground that the defendant had been improperly inter- 
rupted in making his defence, Abbott, C. J., recognized 
the power of fining for a contempt, and intimated an 
opinion that the exercise of it on this occasion had 
not really debarred the defendant from using any 
arguments which could have availed him, but sneered 
at the tariff of pecuniary mulcts, and pretty plainly 
intimated that he himself should have pursued a differ- 
ent course. 1 

a considerable time ; but in the administration of the Duke of Port- 
land he obtained a silk gown and a seat in parliament. His popu- 
larity now rose rapidly, and he was retained in all great causes, es- 
pecially those of a public nature. In 1806 he was made Master of 
the Rolls in Ireland, which office he resigned in 1814. He died at 
Brompton Nov. 13, 1817. Mr. Curran was a man of great wit and 
flowing eloquence. Some of his poetical pieces possess merit. 
Cooper' s Bios;. Diet. 

I. A'tx v. Davison, 4 B. & A. 33. It should be noted that Best, 
who, though a passionate, was an exceedingly good-natured man, 
had himself remitted the fines before the Court rose. 



318 REIGN OF GEORGE III. 



C nn P ' ^ e on ''' S rave fa 11 ' 1 which could be justly imputed 
His sub- to Chief Justice Abbott was, that he allowed himself to 

jection 

under a fall under the dominion of a favorite. A judge is in 

favorite 

counsel, danger of having such a charge brought against him 
from one counsel in his court being much more em- 
ployed than any other, and being almost always retained 
by plaintiffs, who in a large proportion of causes 
succeed. This may prove a palliation for Abbott, but 
by no means an entire exculpation. Sir James Scarlett 
had been his senior at the bar, and when they were 
in the same cause on the same side had often snubbed 
him, without permitting him to examine an important 
witness, and hardly even to open his mouth upon a 
point of law. The timid junior, become Chief Justice, 
still looked up to his old leader with dread, was afraid 
of offending him, and was always delighted when he 
could decide in his favor. The most serious evil aris- 
ing from this ascendency was when Scarlett conducted 
criminal prosecutions before Abbott, and, above all, 
prosecutions for conspiracy. In a long sequence of 
these in which there had been convictions, the Court 
granted new trials, on the ground that the verdict was 
not supported by the evidence. 

" This acute and dexterous lawyer," it has been said, 
" used to confirm his influence by well-timed delicate 
flattery. Having moved for a new trial for misdirec- 
tion, he prefaced his motion with the explanatory re- 
mark that he had taken an accurate note of the summing 
up, which he only did when he conceived there was a 
misconception on the part of the Judge which did 
not happen with regard to his Lordship three times a 
year. The Chief Justice was evidently gratified, and 
observed with a smile, ' I fear, Mr. Scarlett, that you do 
not take notes as often as you ought to do.' " ' 

The bar evinced a jealous sense of the ascendencv 

I. Townsend's Lives, ii. 263. 



LIFE OF LORD TENTERDEN. 319 



of the favorite. On one occasion when, with the seem- 
ing approbation of the Chief Justice, Scarlett had said, 
in an altercation with Mr. Adolphus, 1 who practised 
chiefly in the Criminal Courts, "There is a difference 
between the practice here and at the Old Bailey," his 
antagonist retorted, to the delight of his brethren, " I 
know there is. The Judge there rules the advocate ; 
here, the advocate rules the Judge." 

The following letter from the Chief Justice to Siroct. 17, 
Egerton Brydges, after some remarks upon Lord El-' 
don, Lord Giffard (then Attorney General), and Lord 
Lynd hurst (then Solicitor General), enters with ex- 
traordinary freedom into his own judicial character: 

" The Chancellor, who has done more work than any 
living lawver, perhaps than any deceased, is, I verily 
believe, and has for some time been, desirous of resign- 
ing, but kept in his place from the difficulty of filling 
it up, and from the King's personal desire. The 
present Attorney General will probably be his suc- 
cessor : he is a good lawyer and a sound-headed man ; 
warm rather than vigorous, and without dignity of per- 
son or manner. Yet 1 think he is the fittest man living 
to succeed one for whom a successor must soon be 

I. John Adolphus, F.S.A., an historical writer, born in London 
17(14 or 1765. He was first admitted an attorney, but afterwards he 
went to the bar, and gained a large practice and much reputation as 
an advocate. His speech in defence of Thistlewood the conspirator 
was regarded as an admirable effort of eloquence. Died July 16, 
1845. Among Mr. Adolphus's writings are " Biographical Anec- 
dotes of the Founders of the French Revolution " ; " The British 
Cabinet, containing Portraits of Illustrious Personages, with Bio- 
graphical Memoirs " ; " The History of England from the Accession 
of George III. to the Peace of 1783 " ; " The History of France from 
1750 to the Peace of 1802" ; "The Political State of the British 
Empire " ; " Observations on the Vagrant Act and some other Stat- 
utes, and on the Powers and Duties of Justices of the Peace"; 
"Memoirs of John Bannister, Comedian"; and "History of the 
Reign of George III." He also assisted the historian Coxe in pre- 
paring for the press the " Memoirs of Lord Burghley." Cooper's 
Biog. Diet. 



320 REIGN OF GEORGE III. 

C Lin P ' f un d though perhaps an equal never will be. The 
Solicitor General is probably very little known to you, 
though 1 think you have sat with him in the House of 
Commons. He has less learning than the Attorney 
General, but a much better person, countenance, and 
manner; a good head and a kind heart, and not defi- 
cient in learning. I suppose he will soon fill one of our 
high offices in the law. 

" Of myself I have really scarce any thing to say. 
My health is good, and my spirits are generally good. 
I go through my work as well as I can, though certainly 
not without some anxieties and some crosses. I 
scarcely know whether the extreme caution that the 
prevailing spirit of cavil and misrepresentation imposes 
on a Judge be fortunate or unfortunate for his future 
reputation it is certainly unfortunate for his comfort : 
a bridle in the mouth with a sharp curb is not a very 
pleasant attire, yet in these times at least it is verv 
necessary. I generally study to say as little as possible 
from the Bench, and to confine myself closely to the very 
point before me, not hazarding allusions or illustrations 
in which I know much wiser men have often failed. How 
far I succeed others may better judge. I am sure many 
of my decisions, when I read them in the Reports, are at 
least as dry and jejune as may well be tolerated. Lord 
Mansfield indulged himself in allusions and illustra- 
tions : his opinions are said to have produced a great 
effect on the majority of those who heard him ; they 
are not well reported by Burrow at least, fe\v of them 
read well to a lawyer. His taste for illustration was 
not fortunate. His opinion is often right when his 
illustrations are not right. Dr. Jackson 1 (Dean of 

I. Cyril Jackson, D.D., was the son of a physician at Halifax. 
He received his academical education at Christ Church, Oxford 
(B.A., 1768 ; M.A. 1771 ; B.D. 1777; D.D. 1781). He held the post 
of sub-preceptor to the prince of Wales, afterwards George IV., and 
eventually became dean of Christ Church, which office he filled for 



LIFE OF LORD TENTERDEN. 321 



Christ Church) knew him well and privately, and often 
talked with me about him. We agreed upon his talents 
and character. They were plausible and showy, and 
not unsuited to the age. He certainly did much for 
the mercantile law, and not a little for the law in gen- 
eral, by breaking down the barrier of what are usually 
called forms ; but in this he sometimes went too far. 
The preservation of forms, however unpopular, is of the 
essence of all establishments of the judicial in partic- 
ular for if Judges disregard them, they become 
authors and not expounders of law. The great art of a 
lawyer is to understand them. If a Judge does not 
understand them, he will violate the law in a few 
instances by breaking them ; and if of a cautious temper, 
do injustice in many by a mistaken adherence to their 
supposed effect : the latter has been the most common 
error. The less a Judge knows of special pleading, the 
more nonsuits take place under his direction. Duller 
told me so many years ago, and experience has shown 
the truth of his assertion. You must forgive all this 
from an old Special Pleader." 

I have anxiously looked through this Chief Justice's '^^Jf'^ 
judgments with a view to select some which might C s 'uj"f 



interest the general reader, but have met with sad dis- ab< ! ut .. 

junsdic- 

appointment. They are all excellent for the occasion, lio - 
but I find none that are very striking. It so happened, 
that while he presided in the Court of King's Bench 
there were hardly any State trials, and no great consti- 
tutional question arose, such as " general warrants," or 
" the right of juries to consider the question of libel or 
no libel," or " whether a court of law is to limit the 

twenty-six years. At the end of that period he retired to his favorite 
village of Felpham, Sussex, where he died Aug. 31, 1819, aged 76. 
Dr. Jackson published nothing, though he had a high reputation for 
scholarship. His brother, William [ackson, D.D., became Greek 
professor at Oxford 1783 ; bishop of Oxford 1811 ; and died Dec. 2, 
1815, aged 64. Cooper's Biog, Diet. 



322 REIGN OF GEORGE III. 

C uiY'' P r ' v '' c S es f t' ie two Houses of Parliament." With 
admirable tact and discretion he avoided any attempt 
to extend the jurisdiction of his own Court; and he 
never once got into collision with any other Court or 
any other authority in the State. He was cautious 
likewise in restraining the prerogative writs to their 
proper purposes. 

A motion being made before him for a prohibition 
to the Lord Chancellor sitting in bankruptcy : after 
showing that upon the facts disclosed, the Lord Chan- 
cellor had done nothing amiss, he added, " We wish not 
to be understood as giving any sanction to the supposed 
authority of this Court to direct such a prohibition. It 
will be time enough to decide the question when it 
arises if ever it shall arise, which is not very probable, 
as no such question has arisen since the institution of 
proceedings in bankruptcy a period little short of 
three hundred years. If ever the question shall arise, 
the Court, whose assistance may be invoked to correct 
an excess of jurisdiction in another, will without doubt 
take care not to exceed its own, " l 

Hisdeci- I know not that 1 can offer a fairer specimen of his 

The public judgment than that given by him \\\BlnndeU \. Catt frail, 
common where the question arose, whether there be a common- 
toVe\ise law right for all the King's subjects to bathe in the sea ; 
Oimefm' ^ n( l. a incident thereto, of everywhere crossing the 
limg ' sea-shore on foot or in bathing-machines for that pur- 
pose. Best, J., strenuously supported the right, and 
thus was he answered : Abbott, C. J.: " I have consid- 
ered this case with very great attention, from the re- 
spect I entertain for the opinion of my brother Best, 
though I had no doubt upon the question when it was 
first presented to me ; nor did the defendant's counsel 
raise any doubt in my mind by his learned and ingeni- 
ous argument. This is an action of trespass brought 

I. Ex parte Cowan, 3 B. and A. 123. 



LIFE OF LORD TENTERDEN. 323 

against the defendant for passing with carriages from 
some place above high water-mark across that part of 
the shore which lies between the high and low water- 
mark, for the conveyance of persons to and from the 
water for the purpose of bathing. The plaintiff is the 
undoubted owner of the soil of this part of the shore, 
and has the exclusive right of fishing thereon with 
stake-nets. The defendant does not rely on any special 
custom or prescription for his justification, but insists 
on a common-law right for all the King's subjects to 
to bathe on the sea-shore, and to pass and repass over it 
for that purpose on foot, and with horses and carriages. 
Now, if such a common-law right existed, there would 
probably be some mention of it in our books; but none 
is found in any book, ancient or modern. If the right 
exist now.it must have existed at all times; but we 
know that sea-bathing was, until a time comparatively 
modern, a matter of no frequent occurrence, and that 
the carriages, by which the practice has been facilitated 
and extended, are of very modern invention. 

" There being no authority in favor of the affirma- 
tive of the question in the terms in which it is proposed, 
it has been placed in argument at the bar on a broader 
ground ; and as the waters of the sea are open to the 
use of all persons for all lawful purposes, it has been 
contended, as a general proposition, that there must be 
an equally universal right of access to them for all such 
purposes overland, such as the plaintiff's, on which the 
alleged trespasses have been committed. If this could 
be established, the defendant must undoubtedly pre- 
vail, because bathing in the waters of the sea is, gener- 
ally speaking, a lawful purpose. But in my opinion 
there is no sufficient ground, either in authority or in 
reason, to support this general proposition. Bracton, 
in the passage referred to, speaks not of the waters of 
the sea generally, but of ports and navigable rivers ; 



334 REIGN OF GEORGE III. 

C L*II\ P ' an< ^ as * P orts > Lord Hale distinguishes between the 
interest of property and the interest of franchise ; and 
says, that if A. hath the ripa or bank of the port, the 
King cannot grant liberty to unlade on the bank or 
ripa without his consent, unless custom hath made the 
liberty thereof free to all, as in many places it is. Now, 
such consent, as applied to the natural state of the ripa 
or bank, would be wholly unnecessary if any man had 
a right to land his goods on every part of the shore at 
his pleasure. If there be no general right to unlade 
merchandise on the shore, there can be no right to 
traverse the shore with carriages or otherwise for the 
purpose of unlading; and consequently, the general 
proposition to which I have alluded cannot be main- 
tained as a legitimate conclusion from the general right 
to navigate the water. One of the topics urged at the 
bar in favor of this supposed right was that of public 
convenience. Public convenience, however, is in all 
cases to be viewed with a due regard to private prop- 
erty, the protection whereof is one of the distinguishing 
characteristics of the law of England. It is true, that 
property of the description of the present is in general 
of little value to its owner ; but I do not know how 
that little is to be respected, and still less how it is 
ever to be increased, if such a general right be estab- 
lished. How are stake-nets to be lawfully fixed on the 
I beach? By what law can any wharf or quay be made? 

These, in order to be useful, must be below the high- 
water mark. In some parts of the coast where the 
ground is nearly level the tide ebbs to a great distance, 
and leaves dry very considerable tracts of land. In 
such situations thousands of acres have, at. different 
times, been gained from the sea by embankments, and 
converted to pasture or tillage. But how could such 
improvements have been made, or how can they be 
made hereafter, without the destruction or infringe- 



LIFE OF LORD TENTERDEN. 325 



ment of this supposed right? And it is to be observed, 
that wharfs, quays, and embankments, and in-takes from 
the sea, are matters of public as well as private benefit. 
I am not aware of any usage in this matter sufficiently 
extensive or uniform to be the foundation of a judicial 
decision. In many places, doubtless, nothing is paid to 
the owner of the shore for leave to traverse it. In 
many places the King retains his ownership, and it is 
not probable that he should offer any obstruction to 
those who, for recreation, wish to walk, or ride, or 
drive along the sands left by the receding tide. Of 
private owners, some may not have thought it worth 
while to advance any claim or opposition ; others may 
have had too much discretion to put their title to the 
soil to the hazard of a trial by an unpopular claim to a 
matter of little value ; others, and probably the greater 
number, may have derived or expected so much benefit 
from the increased value given to their enclosed land by 
the erection of houses and the resort of company, that 
their own interest may have induced them to acquiesce 
in, and even to encourage the practice as a matter indi- 
rectly profitable to themselves. Many of those who re- 
side in the vicinity of inland wastes and commons walk 
and ride on horseback in all directions over them for 
health and amusement, and sometimes even in car- 
riages, deviate from the public paths into those parts 
which may be so traversed with safety. In the neigh- 
borhood of some frequented watering-places this 
practice prevails to a very great degree ; yet no one 
ever thought that any right existed in favor of this 
enjoyment, or that any justification could be pleaded 
to an action at the suit of the owner of the soil. The 
defendant finally says, that the right ma}' be considered 
as confined to those localities where it can be exer- 
cised without actual prejudice to the owner of the 
shore, and subject to all modes of present use or future 



326 REIGN OF GEORGE III. 

CHAP, improvement on his part. No instance of any public 
right so limited and qualified is to be found. Every 
public right to be exercised over the land of an in- 
dividual is pro tanto a diminution of his private rights 
and enjoyments, both present and future, so far as they 
may at any time interfere with or obstruct the public 
right. But shall the owner of the soil be allowed to 
bring an action against any person who may drive 
a carriage or walk along any part of the sea-shore, 
although not the minutest injury is done to the owner ? 
The law has provided suitable checks to frivolous and 
vexatious suits, and experience shows that the owners 
of the shore do not trouble themselves or other about 
such trifles. But where one man endeavors to make 
his own special profit by conveying persons over the 
soil of another, and claims a public right to do, as in 
the present case, it does seem to me that he has not any 
just reason to complain, if the owner of the soil shall 
insist on participating in the profit, and endeavor to pre- 
serve the evidence of the private right which has be- 
longed. to him and his ancestors. For these reasons I 
am of opinion that there is not an)' such common-law 
right as the defendant has claimed; and my brothers 
Bayley and Holroyd agreeing with me, there must be 
judgment for the Plaintiff." J 

NO action I' 1 tne following judgment Chief Justice Abbott 
li ? s at f || 1 r r an held that the author or publisher of an immoral book 
cannot maintain an action for pirating it. " This was 
an action brought for the purpose of recovering a com- 
pensation in damages for the loss alleged to have been 
sustained from the publication of a copy of a book 
which had been first published by the plaintiff. At 
the trial it appeared that the work professed to be a 
history of the amours of a courtezan, that it contained 
in some parts matter highly indecent, and in others 

I. Blundtllv. Cattersall, 5 Barn, and Aid., 268-316. 



LIFE OF LORD TENTERDEN. 327 



matter of a slanderous nature upon persons whose sup- 
posed adventures it narrated. The question, then, is 
whether the first publisher can claim a compensation 
in damages for a loss sustained by an injury done to 
the sale of such a work. In order to establish such a 
claim he must in the first place show a right to sell, for 
if he has not that right, he cannot sustain any loss 
which the law will recognize by an injury to the sale. 
Now, I am certain no lawyer can say that the sale of 
each copy of this work is not an offence against the 
law. How, then, can we hold that by the first publi- 
cation of such a work a right of action can be given 
against any person who afterwards publishes it? It is 
said that there is no decision of a court of law against 
the plaintiff's claim. But upon the plainest principles 
of the common law, founded as it is, where, there are 
no authorities, upon common sense and justice, this 
action cannot be maintained. It would be a disgrace 
to the common law if a doubt could be entertained 
upon the subject ; but I think no doubt can be enter- 
tained, and I want no authority for pronouncing such a 
judicial opinion." ' 

Thus he pointedly defended our peculiar doctrine His 
of high treason, which constitutes the offence in .theLh doc-" 6 " 
intention, but requires this intention to be manifested hT^h " 
by an act. " The law has wisely provided (because the tr< 
public safety requires it) that in cases of this kind 
which manifestly lead to the most extensive public 
evil, the intention shall constitute the crime ; but the 

I. StockJale v. Onivkyn, 5 Barn, and Cr. 175. This principle is 
perfectly sound, but there must be great difficulty in acting upon it. 
Judges and juries maybe much divided as to whether the authors of 
such novels as 'Tom Jones' and ' Peregrine Pickle' ought to be 
allowed to maintain an action for pirating their works. Lord Eldon 
refused an injunction against the piracy of a poem dedicated by 
Lord Byron to Walter Scott, on the ground of its being atheistical, 
although it is generally considered to be no more liable to that 
charge than ' Paradise Lost." 



328 REIGN OF GEORGE III. 



la\v has at the same time with equal wisdom provided 
(because the safety of individuals requires it) that the 
intention shall be manifested by some act tending 
towards the accomplishment of the criminal object." ' 
Libellous Although he saw more distinctly the evils than the 
falsely that benefits arising from the freedom of the press, he laid 
eiun"isaf- down the law of libel always with calmness and dc- 

filcled \vi.h 

insanity, corum. boon alter the accession of George IV. a 
criminal information was filed by the Attorney Gen- 
eral (not very discreetly) against the proprietor and 
printer of a newspaper for the following paragraph : 
" Attached as we sincerely and lawfully are to every 
interest connected with the Sovereign or any of his 
illustrious relatives, it is with the deepest concern we 
have to state that the malady under which his Majesty 
labors is of an alarming description, and may be con- 
sidered hereditary. It is from authority we speak." 
At the trial before Abbott, C. J., at Guildhall, the 
counsel for the defendants admitted that the paragraph 
complained of imported that the King labored under 
insanity, and that this assertion was untrue, but insisted 
that the defendants believed the fact to be as they 
stated it, and that they were not criminally answerable, 
as there had previously been strong public rumors to 
the same effect. 

Abbott, C. J. : " To assert falsely of his Majesty or 
of any other person that he labors under the infliction 
of mental derangement is a criminal act. It is an 
offence of a more aggravated nature to make such an 
assertion concerning his Majesty than concerning a 
subject, by reason of the greater mischief which may 
thence arise. It is distinctly admitted by the counsel 
for the defendants that the statement in the libel was 
false in fact, although they allege that rumors to the 
same effect had been previously circulated in other 

i. State Tr. vol. xxxiv. Thistlewood's Case. 



LIFE OF LORD TENTERDEN. 329 

newspapers. Here the writer of this article does not 
seem to found himself upon existing rumors, but pur- 
ports to speak from authority ; and inasmuch as it is 
now admitted that the tact did not exist, there could 
be no authority for the statement. In my opinion the 
publication is a libel calculated to vilify and scandalize 
his Majesty, and to bring him into contempt among 
his subjects. But you have a right to exercise your 
own judgment upon the publication, and I invite you 
to do so." 

After the jury had retired about two hours, they 
returned into Court and said they wished to have the 
opinion of the Lord Chief Justice " whether it was or 
was not necessary that there should be a malicious in- 
tention to constitute a libel ? " 

Abbott, C.J. : " The man who publishes slanderous 
matter in its nature calculated to defame and vilify 
another, must be presumed to have intended to do that 
which the publication is calculated to bring about, 
unless he can show the contrary, and it is for him to 
show the contrary." 

The jury, having again retired for three hours, re- 
turned a verdict of GUILTY, but recommended the 
defendants to mercy. Brougham and Denman moved 
for a new trial on account of the Judge's direction, and 
more particularly for his having told the jury that they 
(the counsel) had admitted the statement in the libel to 
be false in fact, using that word to denote a criminal 
untruth ; whereas they had only admitted the state- 
ment to be untrue, the defendants believing it to be true, 
and an untrue statement may be made with perfect in- 
nocence and good faith. Bayley and Holroyd having 
said that the direction was unexceptionable, Best added, 
" Whether a publication be true or false is not the sub- 
ject of inquiry in the trial of an information for a libel, 
but whether it be a mischievous or innocent paper. 



33O REIGN OF GEORGE III. 



C Lin P ' ^ e are not ca l' e d upon to decide whether the defend- 
ants would have been justified had the statement been 
true. But it must not be taken for granted that if such 
a dreadful affliction had happened to the country as the 
insanity of the King, the editor of a newspaper would 
be justified in publishing an account of it at any time 
and in any manner that he thought proper. It is fit 
that the time and mode of such a communication should 
be determined on by those who are best able to provide 
against the effects of the agitation of public feeling 
which it is likely to produce. Such a communication 
rashly made, although true, might raise an inference of 
mischievous intention, for truth may be published 
maliciously." 

Abbott, C.J. : " My learned brothers having delivered 
their opinion that nothing which fell from me in my 
address to the jury furnishes sufficient ground for 
granting a new trial, I will merely add that unless 
malicious intent may be inferred, from the publication 
of the slander itself in a case where no evidence is given 
to rebut that inference, the reputation of all his Ma- 
jesty's subjects, high and low, would be left without 
that protection which the law ought to extend to them. 
I will say further, with regard to the particular expres- 
sion contained in this publication, that if any writer 
thinks proper to say that he speaks from authority when 
he informs his readers of a particular fact, and it shall 
turn out that the fact so asserted is untrue, I am of 
opinion that he who makes the assertion in such a form 
may be justly said to make a false assertion. I am not 
a sufficient casuist to say that to call it an untrue asser- 
tion would be a more proper form of expression." 

After the transfer of Best to preside in the Common 
Pleas there was hardly ever a difference of opinion 
among the Judges of the King's Bench, but strange to 

I. AVjr. v. Harvey and another, 2 Barn, and Cr., 257. 



LIFE OF LORD TENTERDEN. 331 



say, on one question which seems very plain and easy, 

they were divided equally, although all actuated by t'- whcther 

J - ' J the person 

singleness of purpose to decide rightly. A gentleman wn.i hires 

<=> > " horses, 

residing: in London hired of a public stable-keeper a with a 

driver, to 

pair of horses to draw his carnage for a day, and thedra 

T-l Cafl 

owner oi the horses provided the driver. 1 brough the a <i. 

. .... . hub 

negligence of the coachman in driving, the carriage u >e 
struck a horse belonging to a stranger. The question tne' 
was whether the owner of the carriage was liable to be 
sued for this injury ? The Chief Justice, before whom 
the cause was tried, thought that he was not, and 
directed a nonsuit. On an application to the Court to 
set aside the nonsuit, Bayley and Holroyd held that the 
driver was/ro liac vice the servant of the owner of the 
carriage, although let for the day, with the horses, by 
the owner of the horses. 

Abbott, C.J.: "1 must own that I cannot perceive 
any substantial difference between hiring a pair of 
horses to draw my carriage about London for a da}-, 
and hiring them to draw it for a stage on a road I am 
travelling, the driver being in both cases furnished by 
the owner .of the horses in the usual way, although in 
the one instance he is called a coachman and in the 
other a post-boy. Nor can I feel any substantial dif- 
ference between hiring the horses to draw my own car- 
riage on these occasions and hiring a carriage with 
them of their owner. If the temporary use and benefit 
of the horses will make the hirer answerable, and there 
being no reasonable distinction between hiring them with 
or without a carriage, must not the person who hires a 
hackney-coach to take him for a mile or other greater 
or less distance, or for an hour or longer time, be 
answerable for the conduct of the coachman ? Must 
not the person who hires a wherry on the Thames be 
answerable for the conduct of the waterman? I believe 
the common sense of all men would be shocked if any 



33 2 REIGN OF GEORGE III. 

C un Pl one snou ld Affirm the hirer to be answerable in either 
of these cases." 

Littledale, J. ( concurred in this opinion, and the 
nonsuit stood. 1 
The Cato Chief Justice Abbott in his addresses from the 

oliccl COll- 

spiracy. Bench never aimed at eloquence or epigram, but he 
showed himself master of a nervous style which rose in 
dignity with the occasion. In opening the commission 
for the trial of the Cato Street conspirators, 2 a set of 
low desperate men who had laid a plot to assassinate 
all the Cabinet Ministers, and then to seize upon the 
government, he thus cautioned the Grand Jury against 
incredulity on account of the improbability of the 
statements which might be made by the witnesses : 

" Such ulterior designs, if they shall appear to be of 
the nature to which I have alluded, and to relate to *he 

1. Laugher v. Pointer, 5 B. and C. 547. By the Common Law 
Procedure Act, where the Judges are divided, the case now goes by 
appeal to a Court of Error. Lord Abinger, Chief Baron, afterwards 
ruled that the liability under such circumstances is not a question of 
law, and that it is for the jury to say whether the driver, when the 
accident happened, was the servant of the person who has taken the 
horses to hire, or has let them to hire. Brady v. Giles, I Moody and 
Robinson, 494. 

2. Cato Street Conspiracy (1820) was the name given to a wild 
plot formed by a number of desperate men, having for its chief ob- 
ject the murder of Lord Castlereagh and the rest of the ministers. 
The originators were a man named Arthur Thistlewood, who had 
once been a subaltern officer ; Ings, a butcher ; Tidd and Brunt, shoe- 
makers ; and Davidson, a man of color : and they had arranged to 
murder the ministers at a dinner at Lord Harrowby's on the night of 
the 23d February, to set fire to London in several places, seize the 
Bank and Mansion House, and proclaim a provisional government. 
The plot, however, had been betrayed to the police by one of the con- 
spirators, named Edwards, some weeks before. The conspirators 
were attacked by the police as they were arming themselves in a 
stable in Cato Street, near the Edgware Road. A scuffle ensued, in 
which one policeman was stabbed and several of the criminals es- 
caped. Thistlewood was among these, but he was captured next 
morning. He and four others were executed, and five more were 
transported for life. A good deal of discussion took place in the 
House of Commons on the employment of the informer Edwards by 
the authorities. Diet, of Eng. Hiit. 



LIFE OF LORD TENTERDEN. 333 

usurpation of the government in opposition to the con- 
stituted authorities of the realm even for a season, will 
appear to the calm eye of sober reason to be wild and 
hopeless. But you, gentlemen, know that rash and 
evil-minded men, brooding over their bad designs, 
gradually lose sight of the difficulties that attend the 
accomplishment of their schemes, and magnify the ad- 
vantage to be derived from them. And as it is the 
natural propensity of the vicious to think others no 
less vicious than themselves, those who form wicked 
plans of a public nature easily believe that they shall 
have numerous supporters, if they can manifest at once 
their designs and their power by striking some one im- 
portant blow." 

To prepare the minds of the Grand Jury for the 
evidence of spies and accomplices, he added: "This 
belief leads in some instances to a rash and hasty com- 
munication of the wicked purpose to others who are 
thought likely to adopt it and join in its execution, but 
who, in fact, are not prepared to do so, and thereby 
occasionally furnishes the means of detection. Dark 
and deep designs are seldom fully developed except to 
those who consent to become participators in them, 
and can therefore be seldom exposed and brought to 
light by the testimony of untainted witnesses. Such 
testimony is to be received on all occasions with great 
caution ; it is to be carefully watched, deliberately 
weighed, and anxiously considered. He who acknowl- 
edges himself to have become a party to a guilty pur- 
pose does by that very acknowledgment depreciate his 
own personal character and credit. If, however, it 
should ever be laid down as a practical rule in the ad- 
ministration of justice that the testimony of accom- 
plices should be rejected as incredible, the most mis- 
chievous consequences must necessarily ensue; because 
it must not only happen that many heinous crimes must 



334 REIGN OF GEORGE III. 

C Lin P ' P ass unpunished, but great encouragement will be 
given to bad men by withdrawing from their minds 
the fear of detection and punishment through the in- 
strumentality of their partners in guilt, and thereby 
universal confidence will be substituted for that dis- 
trust of each other which naturally possesses men en- 
gaged in wicked projects, and which often operates as 
a restraint against the perpetration of offences to which 
the co-operation of a multitude is required." 

In passing sentence of death upon the prisoners, he 
thus moralized the same theme : 

" It has happened to you on the present occasion 
as to many others before you, that the principal instru- 
ments by which you were brought to justice are per- 
sons who have partaken in your own guilty design. 
I trust that this circumstance will have its due weight 
in the consideration of all who shall become acquainted 
with your fate, and that they will ever for the sake of 
their own personal safety, if they cannot be influenced 
by any higher consideration, be induced to abstain from 
those evil combinations which have brought you into 
the melancholy situation in which you now stand. 
That Englishmen, laying aside the national character, 
should assemble to destroy in cold blood the lives of 
fifteen persons unknown to them, except from their 
having filled the highest offices in the state, is without 
example in the history of this country, and I hope will 
remain unparalled for atrocity in all future times." 
impn Our Chief Justice, however, tarnished the fame 

ITttyinj; to which he might have carried off without a shade from 
{Jjltiicaiion n ' s dignified, impartial, and firm demeanor during these 
s. b .V imprudently making an order that there 
be o publication of any part of the proceedings 
till they were all concluded, and by fining the proprie- 
tor of a newspaper 5<x>/. lor publishing an account <>i 
the first trial before the second had begun. The courts 



LIFE OF LORD TENTERBEN. 335 

upheld the power to make the order and to enforce it C ," 1 ') 1 I> ' 
by fine, but such a mode of proceeding has never since 
been attempted, the sound opinion being that the delay 
of publication is not desirable, even if it could practi- 
cally be insured, and that the newspapers may be con- 
sidered as indefinitely enlarging the dimensions of the 
Court so as to enable the whole nation to see and hear 
all that passes between the arraignment of the pris- 
oner and his condemnation or acquittal. 

I ought to record for the credit of this Chief Jus- The Chief 
tice and lor the imitation of his successors, that while dislike of 
he maintained forms necessary to guard against fraud niceties! 
and to protect innocence, he had not the passion for 
technical objections by which justice is sometimes de- 
feated. An indictment charged " that Mary Somerton, 
on a day and .at a place named, being then and there 
servant to one Joseph Hellier, on the same day there 
stole his goods." The prisoner being convicted and 
sentenced to transportation fourteen years, the rec- 
ord was removed by writ of error, and error assigned 
that it did not sufficiently appear from the indictment 
that she was servant to the owner of the goods at the 
time when the larceny was committed, although she 
might have been so at some moment of the same day. 

Lord Tenterden, C.J.: " If we were to hold that the 
allegation ' that on such a day the prisoner being the 
servant of Joseph Hellier did on the same day steal his 
goods,' does not import that she stole the goods at the 
same time when she was his servant, we should expose 
ourselves to the reproof expressed by a very learned 
and very humane judge, that it is disgraceful to the law 
when criminals are allowed to escape by nice and cap- 
tious objections of form." l 

Although generally so sound in his decisions, he did noubtfui 
not reach the reputation of infallibility. He shocked by him. 

. I. A'fjf v. Somerton, ^ B. and C. 465. 



33 6 REIGN OF GEORGE III. 

C Liii P * t ' ie conve y ancers exceedingly by holding that a jury 
might presume the surrender of a term assigned to 
attend the inheritence where it had not been dealt with 
for a number of years in subsequent conveyances, 1 and 
he got into some discredit by broadly laying down that 
a mortgagor allowed to remain in possession of the mort- 
gaged premises is tenant to the mortgagee. 2 I must 
be permitted likewise to doubt the soundness of his 
decision that a native of Scotland born out of wedlock, 
but rendered legitimate according to the law of the 
country by the subsequent marriage of his parents, is 
not inheritable to freehold property in England. It 
was confirmed by the House of Lords, but I cannot 
help thinking that it proceeded on a narrow-minded 
and erroneous principle. The admission was freely 
made that the claimant, having the status of legiti- 
macy in the country of his birth, was to be considered 
legitimate in England for every other purpose, and 
the conundrum arising from the definition of a " bas- 
tard " in the Statute of Merton might easily have been 
got over by the supposition of law upon which 
such legitimation proceeds that a prior marriage had 
been contracted though not declared till after the birth 
of the child. The notion that there is some peculiarity 
in the tenure of common soccage land wherebv it must 
descend to a son de facto born in wedlock, as borough 
English land goes to the youngest son, is in my opinion 
a fiction to support a miserable technicality. 3 
His pro- The bias which chiefly carried Abbott's mind astray 
Aspect. when it missed the object to which it was directed was 
a suspicion of fraud. He had a very indifferent opinion 
of human nature, and at times he seemed to believe all 

1. Doe v. Milder, 2 B. and A. 784. 

2. Partridge v. Beer, 5 B. and A. 604. 

3. Doe v. Barthwistle v. I'arJill, 5 B. and C. 438. This decision 
lowered us terribly not only in the opinion of Scotch but of French 
and American lawyers. Professor Storey was very strong against it. 



LIFE OF LORD TENTERDEN. 337 

mankind to be rascals. He delighted in discovering c }\^' 
what he considered a fraudulent contrivance on the 
part of the plaintiff or of the defendant and in unravel- 
ling it. I have heard Scarlett jocularly boast that he 
got many a verdict by humoring this propensity " just 
giving the hint very remotely to the Chief Justice and 
allowing his Lordship all the pleasure and the eclat of 
exposing and reprobating the cheat." This dexterous 
advocate certainly did at last prevail upon him to lay 
down a rule which, while it was acted upon, materially 
obstructed the transfer of negotiable securities that 
" where a bill of exchange has been lost or stolen, a 
subsequent holder, although he has given a valuable 
consideration for it, cannot maintain an action upon it 
if the. jury should think that he took it under circum- 
stances zv 'kick ought to have excited the suspicion of a pru- 
dent and careful man." The rule having before been 
that the title of the holder for value could only be im- 
peached by proof of fraud, 1 the new doctrine was ques- 
tioned and thus defended : 

Abbott, C.J. : " I cannot help thinking that if Lord His doc- 

. . trine about 

Kenyon had anticipated the consequences which have-'careand 
tollowed from the rule laid down by him in Lawson v. in taking 
Weston, he would have paused before he pronounced Te^riUes 6 
that decision. Since then the practice of robbing stage-*" 
coaches and other conveyances of securities of this kind 
has been very considerable. I cannot forbear thinking 
that this practice has received encouragement by the 
rule laid down in Laivsou v. Weston, which gives a 
facility to the disposal of stolen property of this de- 
scription. I should be sorry if I were to say anything, 
sitting in the seat of judgment, that either might have 
the effect or reasonably be supposed to have the effect 
of impeding the commerce of the country by prevent- 
ing the due and easy circulation of paper. But it ap- 

i. Lawson v. Weston, 4 Esp. 56. 



338 REIGN OF GEORGE III. 

C Lin P ' P ears to me to k for the interest of commerce that no 
person should take a security of this kind from another 
without using reasonable caution. I wish that doubts 
had been thrown on the case of Lawson v. Weston at an 
earlier time, and then this plaintiff would have con- 
ducted himself more prudently and would not have 
suffered." 

The new fashion took amazingly. This rule of 
" circumstances to excite the suspicion of a prudent 
and careful man " was adopted by all the Judges, and 
was applied to all cases where the owner of an}- nego- 
tiable instrument had once been induced by improper 
means to part with the possession of it, as well as to 
cases of accidental loss and of robbery. But the rule died 
with its author. It was soon much carped at: some 
Judges said that /raw*/ and gross negligence were terms 
known to the law, but of "the circumstances which 
ought to excite suspicion," there was no definition in 
Coke or in Cowell, and the complaints of bill brokers 
resounded from the Royal Exchange to Westminster 
Hall, that they could no longer carry on their trade 
with comfort or safety. The consequence was that in 
the course of a few years by decisions in all the Courts 
at Westminster, the doctrine of " suspicion " was com- 
pletely exploded, and the old rule restored that the 
claim of the holder of a negotiable security who gave 
value for it before it was due, although he may have 
received it from a person who could not have sued 
upon it, can only be defeated by proof of mala fides on 
his part. 1 

Notwithstanding these imperfections, failings, and 
errors, which it has been my disagreeable duty to 
allude to, I have pleasure in quoting and corroborating 
the testimony in the Chief Justice's praise of his con- 
temporary and friend Sir Egerton Brydges, which 

I. Goodman v. Harvey, 4 Ad. and Ell. 470. 



LIFE OF LORD TENTERDEN. 339 



shows the general estimation he enjoyed among his 
countrymen: " With what admirable skill, honor, and 
steadiness he fulfilled the most laborious, most difficult 
and overwhelming duties of his high station is univer- 
sally acknowledged." 

I am reluctant to bring to a conclusion my observa- .^ 
tions upon Abbott as a great magistrate, for in this 
capacity he excites almost unmixed admiration and re- reputation 

* that he 

spect. But in the last years of his life his destiny made had died a 

commoner? 

him a political character, and although he still acted 
honorably and conscientiously, he by no means added 
to his permanent fame. I cannot help wishing indeed 
that like HOLT he had died a commoner. The coronet 
placed on his brow might raise his consequence with 
the vulgar, but in the eyes of those whose opinion was 
worth regarding he was a much greater man when, 
seated on his tribunal, with conscious mastery of all 
that belonged to his high office, he distributed justice 
to his admiring fellow subjects, than when he sought 
to sway a legislative assembly with which he was 
wholly unacquainted, and to which he was wholly un- 
suited. 



340 REIGN OF GEORGE III. 



CHAPTER LIV. 

CONCLUSION OF THE LIFE OF LORD TENTERDEN. 

CHAP. THE supposed elevation of the Chief Justice at this 
A.D. 1827. time, which exposed him to some censure, was no 

His degra- r . . . . , , ~ , 

dation to fault of his. He used confidentially to express surprise 
age. 1 ** that his friend and patron Lord Chancellor Eldon, 
whose advice would have been implicitly followed by 
the Prime Minister and the King, had not raised him 
to the peerage when he became Chief Justice, but had 
actually resigned the Great Seal without making him 
such an offer. He concluded that at any rate Sir 
Charles Abbott ought to have had the refusal of the 
honor in 1824, when Sir Robert Giffard was created a 
Baron, having filled only the inferior offices of Chief 
Justice of the Common Pleas and Master of the Rolls. 
But he made no application or remonstrance by reason 
of what might have been considered a slight, and I be- 
lieve that he would have been perfectly contented to 
remain Sir Charles Abbott, Knight, for the rest of his 
days. Lord Eldon's conduct is very inexplicable in 
withholding a peerage from one who from his high 
office had a fair claim to it, of whom he could have felt 
no jealousy, who had been many years his devil and 
dependant, and with whom his word in the House of 
Lords would have been law. Can we suppose that he 
was actuated by a disinterested study of Abbott's real 
good ? l 

I. Since writing the statement in the text respecting Abbott's 
peerage, I have been favored with a perusal of his DIARY, from 




HON. GEORGE CANNING. 






LIFE OF LORD TENTERDEN. 34! 

However, he was most unexpectedly made a peer 
on the disgrace of that patron in all whose notions re- 
specting State and Church he fully coincided, by a 
Prime Minister whom he had never seen, and whose 
principles, although they were not altogether Whig- 
gish, he considered dangerously latitudinarian. 

Mr. Canning, 1 the warm friend of religious tolera- 

which I make the following extract, showing that he had become 
more desirous of having his blood ennobled than could have been 
suspected from his usual moderation and good sense, and from sen- 
timents which he himself had expressed in his letter to Sir Egerton 
Brydges : 

"April 7/A, 1824. Lord Giffard took his seat in the House of 
Lords on the first day of the Session, and within a day or two after- 
wards a patent issued, appointing him to act as Speaker of the House 
of Lords in the absence of the Lord Chancellor. A few days after- 
wards, the Lord Chancellor, with some hesitation and appearance of 
difficulty in introducing the subject, asked me what my feelings had 
been on Lord G.'s promotion to the peerage ? I told him I had felt 
very little as it regarded myself, but much as it regarded my office, 
being higher than Lord G.'s. He asked whether I should think it 
right to move in the matter myself or to leave it to him ? I told him 
I certainly should not think it right to move in it myself. All that I 
could collect farther was that some of the Ministers had thought it 
not necessary to propose a peerage to me on the present occasion, 
because it was conferred on Lord G. for the special purpose of ena- 
bling him to sit in the House of Lords to hear appeals. I remarked 
that though I could not give my eldest son a fortune by any means 
suitable to the dignity, yet, under present circumstances, I should 
hardly think myself at liberty to refuse the honor, and should leave 
my son to make such advantage as he could of it, being sure he 
would never disgrace it by his conduct." 

In a letter to the second Lord Kenyon, Lord Eldon professes to 
explain his sincere views respecting Abbott's peerage : " I agree 
with you that, generally speaking, the Chief Justice of the King's 
Bench should be a peer, even if there had been no usage on the sub- 
jecj. Now, as to Abbott, his practice has been behind the bar. He 
never had any office I think not a silk gown. He enters therefore 
on the office in very moderate circumstances, with a considerable 
family. His health is tender, and his eyesight not in a very safe 
state. Upon the whole, his own difficulty about taking the office was 
the apprehension that peerage was to go with it. This determina- 
tion appears to me to have been quite right." Lives of Chancellors, 
vol. vii. p. 338, 3d ed. 

I. George Canning, an eminent statesman, born in London April 
ii, 1770. From Eton School he went to Christ Church, Oxford, 
where he acquitted himself with great distinction. Afterwards he 



34 2 REIGN OF GEORGE III. 

C Li\' P ' t' on > having agreed to form a balanced Cabinet with an 
anti-Catholic Lord Chancellor, Sir John Copley, still in 
dreadful apprehension of the Pope, although on the 
verge of a sudden conversion to Catholic emancipation, 
had agreed to take the Great Seal, and was to be raised 

was entered of Lincoln's Inn, but soon abandoned law for politics. 
The opposition thought they had gained in him a powerful recruit; 
but as soon as he obtained a seat in the House of Commons, in 1793, 
he joined the ministerial party. In 1794, he delivered his first speech 
in favor of one of the measures of Mr. Pitt, who in 1796 appointed him 
under-secretary of state, which post he retained till Pitt went out of 
office in 1801. He then acted in opposition to the new ministry, and 
for his services was nominated treasurer of the navy on Pitt becom- 
ing prime minister in 1804. This office he held till 1806, when he 
again went into opposition. The next year he joined the administra- 
tion of the duke of Portland, and was appointed foreign secretary. 
In the following year he defended the bombardment of Copenhagen. 
There was a spiit in the cabinet in 1809, when, in consequence of a 
misunderstanding, Mr. Canning fought a duel with Lord Castle- 
reagh, at that time secretary for war. and was wounded in the thigh. 
The result was that both the ministers resigned their places. In 
Nov., 1814, Canning was despatched as ambassador extraordinary to 
Portugal, where he remained till after the battle of Waterloo. He 
then passed some time in the south of France, and towards the end 
of 1816 was appointed president of the Board of Control. He held 
this office till the scandalous proceedings took place about Queen 
Caroline in 1820, when he tendered his resignation, which was ac- 
cepted. In 1822 he was appointed the successor of the marquis of 
Hastings, as governor-general of India, and was on the eve of his 
departure for that country when the marquis of Londonderry com- 
mitted suicide, whereupon he was recalled and made secretary of 
state for foreign affairs. He fulfilled the duties of this office till 
April 12, 1827, when he succeeded Lord Liverpool as premier. 
Nearly all the old ministers then resigned, and for the first time in 
his life Canning received the support of the Whigs, some of whom 
joined his administration. He occupied this exalted post only a 
short time, dying Aug. 8, 1827. The principal measures which dis- 
tinguish Canning's ministerial career are the recognition of the 
states of South America, the maintenance of the independence of 
Portugal, and the treaty concluded between England, Russia, and 
France, in favor of Greece. He was a constant and zealous advocate 
of Catholic Emancipation, though he did not live to see the triumph 
of that great cause. When a young man at Eton Canning projected 
" The Microcosm," a periodical work, and later in life he contributed 
several witty satirical poems to "The Anti-Jacobin." His widow 
was created a viscountess 1828, with remainder of the dignity to the 
heirs male of the body of her late husband. Cooper' s Biog. Diet. . 



LIFE OF LORD TENTERDEN. 343 



to the peerage by the title of Baron Lyndhurst. More- 
over Plunket, upon a slight show of opposition from the 
bar, having renounced the office of Master of the Rolls 
in England, and accepted the office of Chief Justice of 
the Common Pleas in Ireland, was likewise to be made 
a British peer by the family name, which his eloquence 
had rendered illustrious. It was thereupon suggested 
to the new premier by Scarlett, long his intimate pri- 
vate friend, and now his Attorney General elect, that 
it would be a graceful act in public estimation, and 
would throw some obloquy on Lord Eldon, whom they 
both heartily hated and who heartily hated them both, 
if a peerage were given to Lord Eldon's neglected 
proti'gt', the Chief Justice of England. Accordingly 
Mr. Canning, in a letter to him, dated igth April, 1827, 
after an introduction of polite eulogy, said " As in the 
approaching law promotions more than one peerage 
will be conferred by his Majesty, it has occurred to Mr. 
Canning as due to Lord Chief Justice Abbott, to his 
Lordship's eminent services and to the dignity of the 
Court over which he presides, that an opportunity 
should be offered to the Lord Chief Justice to express 
his willingness (if he entertains it) to accept a similar 
honor, which his Majesty is ready graciously to bestow 
upon him." The answer expressed humble and grate- 
ful acquiescence, upon which immediately came a 
notice from the Home Office that the inchoate peer 
should notify his choice of a title, and that a sum of 
money, about Soo/., should be deposited for the fees of 
the patent. He was afraid of jest if he should become 
"Lord Abbott, "and he thought of the title of HENDON, 
where he had a villa ; but he was advised to have some- 
thing more sounding, and TENTERDEN being familiar to 
him, as a Kentish man, from the well known connection 
between the first appearance of its steeple and of the 
Goodwin Sands, the Gazette announced that " his 



344 REIGN OF GEORGE III. 

C Liv P ' M a J es ty had ordered letters patent to pass the Great 
April 30, Seal, to create Sir Charles Abbott, Knight, a Baron of 
the United Kingdom, by the name, style, and title of 
Lord Tenterden, of Hendon, in the County of Middle- 
sex." 

On the 2d of May following there was a grand 

Ceremony 

of his ovation in Westminster Hall, to do honor to the 

taking his . ......... 

seat in the solemnity ot his taking his seat in the House ot Lords. 

Lords! Sir James Scarlett, the Attorney General, mustered 
an immense congregation of barristers, and we followed 
the new peer, as yet only in his judicial robes, from the 
Court of King's Bench to the room of the Earl Marshal. 
There he was habited in his peer's robes, and, marching 
between Lord Bexley * and Lord Kenyon, he entered 
the House, and presented his patent and writ to the 
Lord Chancellor. We all stood under the bar, and the 
space being too small for us, such a serried conglomera- 
tion of wigs never was seen before or since. We could 
hear nothing of the patent, the writ, or the oaths which 
were read, but we witnessed the procession through 
the House, headed by the Earl Marshal, and our Chief 
being seated by Garter King at Arms on the Barons' 
bench, we joyfully took our departure. Next morning 

I. Nicholas Vansittart, Lord Bexley, son of Henry Vansittart, 
sometime governor of Bengal, was born April 29, 1766, and received 
his education at Mr. Gilpin's school at Cheam in Surrey, whence he 
removed to Christ Church, Oxford (M.A. 1791). He was subse- 
quently called to the bar, and distinguished himself by the production 
of various political and financial pamphlets, which attracted general 
attention. He was first returned to parliament for Hastings in 1796. 
In 1801, he was sent to Denmark in the character of minister plenipo- 
tentiary, with the view of detaching that country from the Northern 
Alliance, but the negotiation failed. In the same year he was ap- 
pointed joint secretary to the Treasury, and after filling other offices 
under the crown, he succeeded Mr. Perceval as chancellor of the 
exchequer 1812. This important office he occupied till Jan , 1823, 
and on his retirement he was raised to the peerage by the title of 
Baron Bexley. He had a great reputation for skill in financial 
matters. Died at Footscray Place, Kent, Feb. 8, 1851. Cooper's 
Bigg. Diet. 



LIFE OF LORD TENTERDEN. 345 



in Court the new peer threw down the following note, 
which was handed through all the rows till it reached 
the junior of our body : 

" DEAR MR. ATTORNEY, 

" I was indeed gratified yesterday by the flattering 
mark of attention which I received from the Bar. As- 
sure them that it went to my heart. 

" Ever most faithfully yours, 

" TENTERDEN." 

He continued to attend the House for some time 
very diligently, much pleased with his new honors, 
and afterwards as often as he entered it he wore his 
judicial costume, being the last Chief Justice who ever 
did so, when not officiating as Speaker. There was 
franking in those days, and he was pleased to say to 
me that " he considered this privilege to be conferred 
upon him for the benefit of the profession." He really 
was tickled when asked fora frank, and a glow of sat- 
isfaction might be descried on his countenance as he 
was writing, " Free TENTERDEN." But he soon 
looked as if he considered it rather a liberty to ask 
him for a frank particularly after he discovered that 
when on the circuit, sitting in Court, surrounded by 
country Justices, a graceless youth had made him 
frank a letter to a young lady of notoriously light 
character in London. 

Lord Tenterden's maiden speech was his most suc-Hismaiden 
cessful (I might say his only successful) effort as a par-* 1 * 
liamentary orator. Luckily the subject was quite in 
his own line as a lawyer. A young heiress of 15 had 
been decoyed away from a boarding school by a profli- 
gate adventurer, whose object was her fortune, and 
had been induced to marry him. As he thought his 
scheme completely successful the moment the marriage 
ceremony had been performed, her friends had an op- 



346 REIGN OF GEOP.GE III. 

CHAP. p Or tunity to rescue her before any further injury luul 
been inflicted upon her. They prosecuted him for the 
abduction, and he was convicted and sentenced to a 
long imprisonment. They then presented a petition to 
the House of Lords, with her concurrence, praying 
that the marriage might be dissolved. He presented a 
counter-petition praying that the House would make 
an order for his being brought up to defend his marital 
rights. T-he Earl of Lauderdale, who had been called 
to the Scotch bar, possessed at the time great weight 
as a " Law Lord," and he contended that although 
there had been instances of dissolving by Act of Par- 
liament the marriage of a young lady brought about 
by force, the present marriage having been solemnized 
with the consent of both parties could not be dissolved 
without a violation of principle nor without establish- 
ing a very dangerous precedent. 

Lord Tenterden recapitulated all the facts of the 
case as if he had been summing up to a jury. He said 
" the principal offender and his accomplices had been 
convicted of a conspiracy originating in the basest 
motives of lucre, and conducted by fraud and forgery. 
He thought the House bound to afford the relief 
prayed. The friends of the unfortunate girl had done 
all in their power to vindicate the law, and now came 
to the Legislature for that relief which the peculiar 
nature of the case demanded. Although there had 
been here no actual force, the law says that fraud sup- 
plies the place of force. Possibly the marriage might 
be declared null and void by sentence of the Ecclesi- 
astical Court, but if proceedings were to be instituted 
for that purpose, their Lordships must recollect the 
great delav which must take place and the anxietv and 
distress to which the parties must be subjected in the 
mean time. The pretended husband had the audacity 
to complain of hardship, but his punishment had been 



LIFE OF LORD TENTERDEN. 347 

light compared with the enormity of his offence. C . H A P< 
Their Lordships were bound to inform him and all 
others who possessed themselves of the persons of 
young women for the sake of base lucre, that they not 
only exposed themselves to the penalties which the 
Courts of law might inflict, but that there is a power 
in the country which will deprive them of all possibil- 
ity of ever reaping any advantage from their crimes." 1 

Leave was given to bring in the Bill, and it after- 
wards quietly passed through both Houses and re- 
ceived the Royal assent. 

Before Lord Tenterden again opened his mouth i 



the House of Lords, Mr. Canning had fallen a victim of the o>r- 

... poration 

to the aristocratic combination against him; Lord and Test 
Gooderich, 2 the most imbecile of prime ministers, after 
a few weeks of premiership had ingloriously resigned ; 
the Duke of Wellington and Peel were at the head of 
affairs ; and a Bill had come up from the House of 
Commons to repeal the Corporation and Test Acts. 
These our Chief Justice had been taught to believe, 
and did potently believe, to be the two main pillars of 
the Church, and he was absolutely horrified to find that 
they were in danger from a joint assault of Whigs and 
liberal Tories. The Earl of Eldon remained true to 

1. 17 Parl. Deb. 882. 

2. Frederick John Robinson, first Earl of Ripon, an English min- 
ister of state, born in London in 1782, was a younger son of Lord 
Grantham. He began public life as a moderate Tory. He became 
a member of the Board of Admiralty in 1810, and vice-president of 
the Board of Trade in 1812. In January, 1823, he was appointed 
Chancellor of the Exchequer. When Canning became Prime Minis- 
ter, in 1827, he obtained the office of Colonial Secretary, and entered 
the House of Lords, with the title of Lord Gooderich. He was 
Prime Minister from the death of Canning, August, 1827, to Janu- 
ary, 1828. In the Whig ministry, formed in 1830, he was Colonial 
Secretary and Lord Privy Seal. He was created Earl of Ripon about 
1833, and resigned office in 1834. In 1841 he accepted the presidency 
of the Board of Trade from Sir Robert Peel, who appointed him 
president of the Indian Board in 1843. He resigned with Peel in 
1846. Died in 1859. Thomas' Biog. Diet. 



348 REIGN OF GEORGE III. 

CHAP, his colors ; but, sad to relate, Lord Lyndhurst and the 
Duke of Wellington himself meditated desertion. 

The enemies of the Bill did not venture to attempt 
to throw it out on the second reading, and confined 
themselves to attempts to damage it in Committee. 
Lord Tenterden finding that there was no chance of 
retaining the "Test Act," which applied to all offices 
and places of profit or power under the Crown, and if 
strictly enforced prevented any member ol the estab- 
lished church ot Scotland from holding a commission 
in the army or being an exciseman in any part of the 
United Kingdom, made a desperate struggle in favor 
ot the " Corporation Act," l whereby dissenters were 
excluded from the offices of mayor, alderman, common 
councillor, and all other offices in all municipal cor- 
porations in England. Not meeting with any sym- 
pathy with his attachment to the Corporation Act in 
its integrity, he moved an amendment whereby at least 
the office ot chief magistrate in towns should not be 
polluted by being held by a dissenter. He urged that 
the Church was and ought to be supported as part ot 
the constitution ; consequently everything which up- 
held its dignity should be attended to ; and he there- 
lore proposed that in the declaration to be made by the 
mayor or chief magistrate ot any municipal corpora- 
tion these words should be inserted : " 1 entertain no 
opinion on the subject of religion which may or can 
prevent me attending the morning and evening service 
ol the Church of England, as set forth in the book ot 

I. The Corporation Act (1661) was passed by the first parliament 
of Charles II., with the intention of destroying the power of the Dis- 
senters in the towns. By this statute it was enacted that all officers 
of corporations should take the sacrament according to the rites of 
the Church of England, within twelve months of their election to 
office ; and on their election should take the oaths of supremacy, 
allegiance, and non-resistance, and abjure the Solemn League and 
Covenant. The Corporation Act was repealed in 1828, though long 
before that date it had become a dead letter. Diet, of Eng. Hist. 



LIFE OF LORD TENTERDEN. 349 

Common Prayer." The Bishop of Chester asked 
whether, as the law would still stand, a corporate 
magistrate would not be prevented from attending a 
dissenting place ot worship in the insignia of his office ? 
Lord Tenterden answered " that might be so, but still 
he thought that this amendment would be useful." 
Upon a division there were only 22 contents against 1 1 1 
non contents. 1 He succeeded, however, by a sugges- 
tion which he offered, in excluding Jews from municipal 
corporations, till in the year 1844 they were admitted 
by an Act brought in by Lord Lyndhurst, and passed 
during the administration of Sir Robert Peel. The 
first form of declaration proposed by Lord Tenterden 
was : " 1 recognize the books of the Old and New Tes- 
tament according to the authorized version as truly ex- 
pressing the revealed will of God " ; but to this the 
Duke of Wellington objected, as it would exclude 
Roman Catholic officers from the army. Thereupon 
Lord Tenterden prompted a bishop to move the intro- 
duction ot the form used in the oath of abjuration 
" on the true faith ot a Christian," and this being con- 
sidered unobjectionable was agreed to without a 
division. 

The Bill, even with the substituted declaration, the 
Chief Justice still condemned as fatal to the Church. 
It is wonderful that a man of his religious feelings 
should have had no objection to the desecration of the 
most solemn rite of Christianity by requiring it to be 
administered fora political purpose * and that a man of 
his shrewdness did not anticipate the certain declension 

1. 18 Parl. Deb. 1609. 

2. I well remember the time when barristers, who had not been 
at church for many years, on being appointed King's Counsel, 
used to go to St. Martin's Church (appropriated for this purpose), 
pay their guinea, and brine; away a certificate of their having taken 
the Sacrament of the Lord's Supper according to the rites and cere- 
monies of the Church of England. 



35O REIGN OF GEORGE III. 

C L/v P ' ' t ^ ie Dissenters as soon as they should be deprived of 

this invaluable grievance. 1 

"eTmTor I{ lie disapproved of the conduct of the Government 
Catholic i n I g 2 8, for supporting the Bill introduced by Lord 

Emancipa- 
tion. John Russell 8 in favor of Protestant Dissenters, what 

must have been his sensations when, in 1829, he heard, 
on authority which could no longer be distrusted, 
that the Duke of Wellington and Sir Robert Peel were 
about to introduce a Bill to remove all disabilities from 

1. The Church has ever since been gaining ascendency over the 
Dissenters, and has now only to fear internal divisions. 

2. John, Earl Russell, (/'. 1792, d. 1878), was the third son of 
the sixth Duke of Bedford. He was educated at Edinburgh, 
and entered parliament in 1813 as member for Tavistock in the 
Whig interest. In 1818 he took up the question of Parliamentary 
Reform and moved four moderate resolutions, henceforth specially 
associating himself with the- Reform movement, and annually 
moving a resolution on the subject. In 1828 he carried a motion 
for the repeal of the Test and Corporation Acts, and a bill was sub- 
sequently passed to that effect. In 1830 he became Paymaster of the 
Forces under Lord Grey, and was entrusted with the presentation of 
the Reform Bill to the House (March I, 1831). His reputation was 
greatly increased by the ability which he displayed in the passage 
of the bill ; and when Peel gained office, Russell was recognized as 
leader of the Opposition. In 1835 he became Home Secretary under 
Melbourne, and in 1839 Secretary for War and the Colonies. At the 
general election of 1841 Russell was returned for London, a seat 
which he retained for twenty years. In 1845 he declared himself in 
favor of the repeal of the Corn Laws, in a letter to his constituents, 
and in 1846 he became Prime Minister. Four years later, in 1850, he 
made the great mistake of countenancing the No Popery agitation 
by his Letter to the Bishop of Durham upon the creation of a Catholic 
episcopate in England, and by carrying the Ecclesiastical Titles Bill, 
which, however, remained a dead letter. At the end of 1851 he 
quarrelled with and dismissed Palmerston, who in the next year 
brought about the fall of the Russell ministry. In Aberdeen's min- 
istry Russell was at first Foreign Secretary, and afterwards Presi- 
dent of the Council ; in 1855 he resigned, and came back to the 
Foreign Office under Palmerston in 1859. In 186: he was created 
Earl Russell, and became again Prime Minister on Palmerston's 
death in 1865. He was defeated in 1866 on the Reform Bill, and 
resigned. He never afterwards held office, though he continued 
to take an active part in politics, and in 1869 introduced a bill em- 
powering the crown to confer life-peerages. Earl Russell was a 
voluminous writer, and edited himself selections from his Speeches 
and Despatehes with introductions, 2 vols., 1870. Diet, of Eng. Hist. 




LORD JOHN RUSSELL. 



LIFE OF LORD TENTERDEN. 351 

Roman Catholics, and to allow them to sit in both 
Houses of Parliament ! On the second reading of the 
Bill, Baron Tenterden made a speech, the beginning of 
which was attentively listened to, and is said, from the 
solemn tone and manner of the speaker, to have been 
verv impressive : 

" My Lords," said he, " I would not now have offered 
myself to your Lordships in my individual capacity ; 
but, thinking that it may be expected that a person In 
my situation should not give a silent vote against this 
portentous measure, I am induced to stand up and ex- 
press my sentiments upon it. Several noble Lords who 
have supported it have denominated themselves 'the 
friends of civil and religious liberty.' If by assuming 
that title they mean to insinuate that those who differ 
from them as to the fitness of the proposed innovation 
are not the friends of civil and religious liberty, I for 
one must enter my protest against such an imputation. 
Every man may be mistaken in his opinion he may 
even be mistaken in the motives on which he is acting 
but, for myself, I have no hesitation in asserting 
that the very reason for my opposition to the present 
measure is derived from an attachment to civil and 
religious liberty. I have all my life admired the Prot- 
estant Church of England. I should have been the 
most ungrateful of men if I had not done so. My 
esteem for that church, which grew with my growth 
and strengthened with my strength, has not declined 
since the bodily feebleness of age has been stealing upon 
me, but is increased by the perils to which she is now 
exposed. Not only am I actuated by religious consid- 
erations, but by the fixed conviction that our Protestant 
church is more favorable to civil and religious liberty 
than any other established church which either does 
at present exist, or has ever before existed in the 
world. Can I support a measure which I am sure 



352 REIGN OF GEORGE III. 

by a broad and direct road leads to the overthrow of 

^ 

this Protestant church ? We have been told of coun- 
tries in Europe in which Roman Catholics and Prot- 
estants have been found to go on very amicably 
together. But is there any other country in Europe 
or elsewhere which bears any resemblance to Ireland ? 
In Ireland there is an acknowledged Popish hierarchy, 
assuming to themselves the names and titles of those 
dioceses which by law belong to Protestant prelates. 
And is it to be supposed that any hierarchy let alone 
a Popish hierarchy would be content to leave others 
in the enjoyment of those honors and emoluments 
which were wrested from their ancestors of the same 
faith with themselves? Is it possible that there should 
not exist in the human mind an earnest and anxious 
desire to obtain the restitution of these privileges ? 
And will not strength be given to persons of the 
Roman Catholic persuasion to effect their object by 
granting them political power? By political power 
I mean a power exercised according to legitimate 
means; I cannot consent to give that designation to 
mere physical force or the power of numbers, which, 
if properly resisted, I do not dread." 

He then went into a long, tiresome enumeration of 
all the acts passed against Roman Catholics, since the 
Reformation down to the Union with Ireland, and set 
the peers on both sides of the House a yawning, al- 
though they were too well bred to cough, or in any- 
way intentionally to interrupt him. He concluded by 
declaring his conviction that, although the measure 
might for a time produce tranquillity, such tranquil- 
lity would not be of long duration and would only 
be the deceitful stillness which precedes the storm, and 
that hereafter the combination of physical force and 
political power would be fatal to the empire. 



LIFE OF LORD TENTERDEN. 353 

Earl Grey spoke next, and thus began in a strain 
something between compliment and sneer: 

" I too, my Lords, am very reluctant to offer myself 
to your notice. I rise with a considerable degree of 
fear lest presumption should be imputed to me for 
attempting to follow the noble and learned Lord, the 
Chief Justice of England, who has just delivered his 
opinion, and who has rested the greater part of the 
argument which he addressed to your Lordships on a 
review of the laws which bear upon the situation of his 
Majesty's Roman Catholic subjects, and whose great 
learning, professional habits, and high authority give 
him claims to your Lordships' attention to which I can- 
not pretend." 

He commented upon all the statutes which had been 
quoted, contending that none of them presented a per- 
manent bar to the claims of the Roman Catholics. 
When he came to the Bill of Rights, and alluded to the 
declaration, that to keep and carry arms was the right 
of the subjects of this realm, Lord Tenterden inter- 
jected, " being Protestants." Earl Grey : " Well, my 
Lords, of the Protestant stibjects it makes no difference 
in my argument : among all the provisions of the Bill 
of Rights the noble and learned Lord does not find it 
anywhere stated that Roman Catholics are to be for 
ever excluded from the enjoyment of the rights of the 
British constitution." 

The Chief Justice fared no better when, on Lord 
Grey's statement that parliament had enacted in the 
reign of William and Mary that every officer of the 
army and navy shall take the oath of supremacy before 
receiving his commission, he exclaimed, " It was a sep- 
arate Act." Earl Grey : " Yes, it was a separate Act 
(i W. and M. c. 8, s. 10) ; but it was as much a part of 
the measures of the Revolution as the law which 
required that the members of both Houses of Parlia- 



354 REIGN OF GEORGE III. 

CHAP. ment should take the oath of supremacy. Although an 
administration to which 1 belonged was overturned by 
an attempt slightly to modify that Act, it was after- 
wards totally repealed by the very men who raised 
against us the cry that t/te Church was in danger, the 
Earl of Eldon from the woolsack giving the royal 
assent, and both services were thrown open to Roman 
Catholics, as both Houses of Parliament, I hope, will 
shortly be, notwithstanding his opposition and that of 
the noble and learned Lord, who perhaps was not 
fully aware of his apparent inconsistency." 1 
Heopposes 1 heard Lord Tenterden, without anv diminution of 

the Anat- 
omy Bill, my respect for him, oppose the Catholic Relief Bill, 

which, though a necessary, was a perilous measure, 
the ominous prophecies about which certainly have 
received some verification by subsequent Papal aggres- 
sion. But I felt much disgust from his violent and vul- 
gar opposition to a bill which I had materially assisted 
in carrying through the House of Commons, to put an 
end to the system of robbing churchyards of dead 
bodies, and to the crime of committing murder for the 
supply of subjects for dissection to schools of anatomy. 
He utterly misrepresented the Bill, by saying that all 
who went into hospitals hereafter must lay their 
account with their bodies being " dissected and anato- 
mized, as if they were hanged for wilful murder." To 
excite prejudice and passion against that which must 
evidently be conducive to decency and humanity, he 
added, in a piteous tone, that " the poor justly felt an 
unconquerable aversion to the dissection of their 
bodies, which would not be overcome by the most sol- 
emn assurance that they would afterwards receive 
Christian burial." The practice of " Burking," 2 which 

1. 21 Parl. Deb., 300. 

2. " Burking," a name applied to the murder of persons in order 
to obtain subjects for dissection Burke being the name of the per- 
son practicing it. 



LIFE OF LORD TENTERDEN. 355 

had brought such disgrace upon Edinburgh, he c J Pt 
declared might in future be prevented by a newly-dis- 
covered test, which enabled any skilful medical man to 
ascertain whether a person whose body was offered for 
sale had died by disease or by violence, and so, the 
market for murdered dead bodies being spoilt, murders 
to obtain them for sale would cease. These arguments, 
coming from a Chief Justice, made a considerable 
impression on the Episcopal bench and Conservative 
peers, and the Bill was lost. However, proof being 
given that, in spite of the continuing atrocities of resur- 
rection-men, anatomy could not be taught under the 
existing system, the Bill was allowed to pass in the 
next session of parliament, and it has been found to 
operate most beneficially." ' 

Lord Tenterden likewise strenuously opposed the Heopposes 

the Kill for 

Bill for taking away the capital punishment from the taking 
crime of forgery, which had long been considered, even tai punish- 

... i t ment for 

by enlightened men, indispensably necessary ior our forgery, 
commercial credit. He said, " When it was recollected 
how many thousand pounds, and even tens of thou- 
sands, might be abstracted from a man by a deep laid 
scheme of forgery, he thought that this crime ought to 
be visited with the utmost extent of punishment which 
the law then wisely allowed. " a 

Nevertheless he was by no means, like Eldon and His efforts 

for amend- 

Kenyon, a bigoted enemy to law reform. When com- in g"ieiaw. 
missions were issued by Peel, on the suggestion of 
Lord Brougham, for this laudable object, he allowed 
his own name to be introduced into that for inquiring 
into the procedure of the ecclesiastical courts ; he 
assisted in pointing out proper commissioners for the 
others ; 3 he encouraged their labors, and when they 

r. 21 Parl. Deb., 1749. 2. 25 Parl. Deb., 854. 

3. By his advice I was myself placed at the head of the Real 
Property Commission. 



356 REIGN OF GEORGE III. 

CHAP. } iac j made their reports, he employed himself in draw" 
ing Bills to carry their suggestions into effect. 

Thus he wrote in the summer of 1830 to his old 
friend Sir Egerton : " You are probably aware that we 
had three commissions, one on the practice and pro- 
ceedings of the superior Courts of Common Law, 
another on the Law of Real Property, and a third on 
the Ecclesiastical Courts. Two reports have been 
made by each of the two first none by the latter, of 
which 1 am a member. The reports contain recom- 
mendations and proposals for many alterations, some 
of which I think useful and practicable. Something, 
however, must be done by the Legislature to satisfy 
the public mind ; and under this impression I have em- 
ployed myself since the circuit in preparing no fewer 
than five bills, intended chiefly to give some further 
powers to the common law courts, and make some 
alteration in the practice, but without infringing on 
an} 7 important principle, adopting some of the recom- 
mendations, with some alterations from the proposals. 
I wish it were possible to cure the evil you so justly 
complain of. Whatever shortens and simplifies will be 
calculated to save expense ; but Acts of Parliament 
cannot make men honest. I doubt whether an act to 
subject bills for conveyancing to taxation would effect 
much. As I think they ought to be, I would willingly 
promote such an act; but if I bring my five bills before 
parliament, I shall have done at least as much as I 
ought to do, and perhaps more, though, to say the 
truth, I have one more bill on the anvil, and have had 
for at least three years, without the courage to pro- 
pose it. It has had much of the lima labor. Indeed, 
to say the truth, this Unite labor is an occupation by no 
means disagreeable to my mind." 

The Bills respecting the procedure of the Common 
Law Courts, embodying the suggestions of the Com- 



LIFE OF LORD TENTERDEN. 357 

missioners, passed without opposition, and almost c "[y p> 

without notice, but that on which the limce labor had His meas- 
ure respect- 
been so long bestowed, and which was peculiarly his in K.pr" 

scription 

o\vn, caused a good deal of discussion. The object of and tithes, 
it was to define the periods of time which will confer a 
title to certain rights by enjoyment, without a refer- 
ence either to prescription or grant, and to rectify 
the injustice which arose from claims to tithe being 
brought forward, notwithstanding exemption from 
payment of tithe, or the existence of a modus for cen- 
turies, during which the advowson of the living and 
the land in the parish had been sold upon the footing 
of the exemption or the modus. In introducing his 
Bill in the House of Lords he thus tried to make it 
intelligible to his unwilling hearers : " Your Lordships 
may be aware that many rights can only be established 
on the supposition that they have existed ' for time 
whereof the memory of man runneth not to the con- 
trary;' and that this period denominated 'legal memory'. 
or 'prescription' extends so far back as the commence- 
ment of the reign of Richard I., or as some sav, only 
to his return from the holy war. But it is hardly ever 
possible to trace a right so far back by direct evidence, 
and Judges are obliged to tell juries that from modern 
enjoyment they may presume the existence of the 
right in very remote times. This, however, leads to 
great uncertainty, for Judges may differ as to what is 
a reasonable ground for the presumption ; and if evi- 
dence is offered, showing that during any reign since 
Richard I. the right did not, or could not exist, it is 
gone for ever. Again, some rights may be claimed by 
grant from the owner of the land over which they are 
to be exercised, and after an enjoyment of them for a 
certain period of time, Judges have been in the habit 
of calling upon juries to presume that such a grant has 
been made, although it is not forthcoming, and in 



3$8 REIGN OF GEORGE III. 

C Liv P truth never had existence. But besides the scruples 
of some Judges and some jurors against resorting to 
this fiction, it is occasionally insufficient from legal 
technicalities to protect long enjoyment. I conceive 
that it will be much better to follow the example of all 
other civilized nations, and to enact that after undis- 
turbed enjoyment for periods to which direct and sat- 
isfactory evidence may be applied, the right shall be 
conclusively established, and I propose periods of 
sixty, forty, thirty, and twenty years, under different 
modifications and conditions according to the nature 
of the right whether it be to take part of the profits 
of land, or only to exercise an easement over it. 
Thus the right to common of pasture, to common of 
estovers, to ways, to light, air, and water, will be re- 
spectively regulated and provided for. The next sub- 
ject to which I have to draw your Lordship's attention 
is the claim to tithes. At present, under the maxim 
niilltim tempus occnrrit ecclcsia, a modus, or small pay- 
ment in lieu of tithes, may be challenged and set aside, 
unless it is supposed to have existed so far back as 
legal memory. Here again the doctrine of presump- 
tion is resorted to, but it will surely be much better 
that some reasonable time should be fixed, during 
which positive proof of the modus shall be required, 
and that then the modus shall be unchallengeable. 
Farther, non-payment of tithes for any length of time 
operates no exemption, unless the land can be proved 
to have belonged to a religious house before the Ref- 
ormation, and thence much expensive and vexatious 
litigation ensues. I propose to make the payment of a 
modus or entire nonpayment for thirty years sufficient 
to establish the modus or exemption, unless a contrary 
practice can be distinctly proved at some antecedent 
time, and where the evidence extends to sixty years to 
make the right claimed by the occupier of the land to 



LIFE OF LORD TENTERDEN. 359 

pay a modus, or to be altogether exempt from pay- 
ment, absolute and indefeasible. I am, my Lords, 
most sincerely attached to the clergy of the Church of 
England ; I should be most ungrateful if I were not so : 
but it is better for them as well as for their parish- 
ioners that a permanent peace should be concluded 
between the parties on the basis of uti possidetis. I 
doubt not that the clergy have much oftener lost what 
strictly belonged to them than gained by usurpation. 
Having seen the bad effects of the warfare which has 
been carried on, I must say PETO PACEM. Tithe suits 
almost invariably cause personal dissensions in the 
parish, and lessen the usefulness of the incumbent, but 
they not unfrequently involve him in expense which 
he can ill afford, and turn out disastrously for himself 
and his family." 

Lord Chancellor Brougham highly complimented 
the Bill, and it was read a first time, but on account of 
the speedy dissolution of parliament it was lost for that 
Session. In the following year Lord Tenterden again 
brought forward the measure, dividing it into two 
Bills, one " For shortening the time of Prescription in 
certain cases," and the other" For shortening the time 
required in claims of modus decimandi, or exemption 
or discharge of tithe." They both passed l exactly as 
he framed them, but I am sorry to say that although 
they proceed on very good principles, they have by no 
means established for him the reputation of a skilful 
legislator. The Judges have found it infinitely difficult 
to put a reasonable construction upon them, and, in 

I. 2 and 3 Wm. IV. c 71, and 2 and 3 Wm. IV. c. 100. One of 
his biographers has likewise given to him the credit of 3 and 4 Wm. 
IV. c. 27, for abolishing real actions and making a uniform rule as to 
the title to lands from enjoyment. Townsend, vol. ii., 272. Having 
drawn it myself, with the assistance of my brother Commissioners, 
I can testify that he never saw it till it was in print. 



360 



REIGN OF GEORGE III. 



CHAP, adapting them to the cases which have arisen, have 



.been obliged to make law rather than to declare it. 1 



His sound 

IV- 



An opportunity occurring to him of expressing his 
lpe r tin ?en enera l opinion upon "Parliamentary privilege," he 
tary privi- showed very plainly what his opinion would have been 
respecting the questions on this subject which arose 
after his death. Lord Brougham, the Chancellor, being 
rather hostile to Parliamentary privilege, had expressed 
a doubt respecting the power of the House to fine and 
imprison for a libel. Lord lentcrdcn : " All the Courts 
of Westminster Hall exercise this privilege, and how 
can it properly be denied to your Lordships? In what 
cases, under what circumstances, and to what extent 
your Lordships should exercise this privilege, it is for 
your Lordships to determine but the privilege is clear, 
distinct, and indisputable being conferred not for the 
protection of those who possess it, but for the sake of 
the public and for the good government of the nation. 
The very principle of our constitution requires that the 
two Houses of Parliament should possess all the powers 
necessary for enabling them to perform the functions 
which it assigns to them." 2 

1 now come to the measure which he considered 
fatal to the monarchy, which drove him from the House 
of Lords, and which probably shortened his days the 
reform of the representation of the people in parlia- 
ment. On the 5th night of the debate on the second 
reading of the Reform Bill of i83i, 3 he rose and spoke 

1. On one question which arose respecting exemption from tithes, 
a case was sent by the Lord Chancellor successively to the Court of 
Common Pleas, the Court of Queen's Bench, and the Court of Ex- 
chequer, and in each Court the Judges were equally divided upon it. 

2. 3 Parl. Deb., 3d Series, p. 1714. Lord Brougham imputed to 
him a blunder, by supposing that he had attributed to the House of 
Commons, as well as to the House of Lords, the power of fining and 
imprisoning for a time certain. He merely excused himself on the 
ground that he had never been a member of the Lower House. 

3 Reform Bills. The question of Parliamentary Reform was 
first raised in a practical shape by Pitt, when he brought forward in 



He opposes 
the Reform 
Bill. 
Oct. 7, 
1837- 



LIFE OF LORD TENTERDEN. 361 

as follows: " I feel it necessary to address a very few 
sentiments to your Lordships on this important ques- 

1785 a motion, proposing to disfranchise thirty-six rotten boroughs 
returning two members each, and to give the members to the coun- 
ties and to London. The motion was rejected by 248 to 174. The 
breaking out of the French revolution a few years afterwards, and 
the European war, diverted men's minds from the subject, and pro- 
duced a disinclination towards the extension of popular liberty. In 
1793 both Burke and Pitt opposed Mr. Grey's Parliamentary Reform 
motion, which was negatived by 232 to 41, and met with no better 
fate when brought forward again in 1797. The Fox ministry had no 
leisure, and the Portland ministry no inclination, to attend to the mat- 
ter. In 1817 a motion of Sir Francis Burdett was lost by 265 to 77, and 
a bolder attempt of the same member to introduce manhood suffrage 
the following year found not a single supporter beside the mover 
and seconder. In 1820 Lord J. Russell carried a Bill for withholding 
writs from the rotten boroughs of Camelford, Grampound, Penryn, 
and Barnstaple, which was thrown out by the Lords. Each year 
from 1821 to 1829 Lord J. Russell or some other Whig introduced a 
motion for reform, which in each case was rejected. In Feb., 1830, 
the Marquess of Blandford moved an amendment to the address in 
favor of reform, which was rejected by 96 to n. The same year 
Calvert's Bill to .transfer the representation of East Retford to Bir- 
mingham, and Lord J. Russell's motion to enfranchise Leeds, Man- 
chester, and Birmingham, were rejected. When Lord Grey became 
Prime Minister in this year the subject was at once taken up by the 
Cabinet. On March i, 1831, Lord J. Russell introduced the Reform 
Bill. After most animated debates the second reading of the bill 
was carried (March 2) by a majority of one (302 to 301). On an 
amendment in committee for reducing the whole numberof members 
the ministry were defeated. On April 22 parliament was dissolved, 
to meet again in June with the reformers in great majority. The 
Reform Bill was again carried, this time by 367 votes to 131. On 
Sept. 22 the bill finally passed the Commons, but was thrown out by 
the Lords (Oct. 8) by 199 to 158. In December a third Reform Bill 
was brought in and carried by a majority of if>2. The Bill sent up to 
the Lords in 1832 passed the second reading on April 14 of that year. 
But on May 7 the Peers, by a majority of 35, postponed the disfran- 
chising clauses of the Bill, thus virtually rejecting it. The king re- 
fused to create new Peers, the ministers resigned, and the Duke of 
Wellington attempted to form a Tory ministry. But the attempt was 
hopeless and the nation almost in a state of insurrection. On May 15 
the Grey ministry returned to office, and the king was prepared to 
create new Peers if necessary. The Lords, however, at length gave 
way, and on June 4 the Bill was passed. The Reform Bill of 1832 dis- 
franchised 56 boroughs, having less than 2000 inhabitants, and de- 
prived 30 other boroughs of one member each. Of the 143 seats 
gained, 65 were given to the counties, 22 of the large towns received 
two members each, and 21 others one each. A uniform io/ household 



362 REIGN OF GEORGE III. 

CHAP. tion. Manj T topics had occurred to me against this 
appalling Bill, but they have already been urged by 
others with more force and ability than I could have 
brought to the task. But there is one point on which 
I feel it my peculiar and sacred duty to address you 
not so much in my character as a Peer, as in the 
character which the robes I wear remind me that I have 
to sustain. I find, my Lords, that the rights of almost 
all the corporate bodies in England, whether they are 
held by charter or prescription, are treated by this Bill, 
so far as I see, with absolute contempt. Many of them 
are to be annihilated, and the rest are to be despoiled 
of their privileges. I have listened in vain for any rca- 

franchise was established in boroughs, and in the counties the fran- 
chise was given to copyholders, lease holders, and tenanls-at-will 
holding propertj' of the value of 5o/ and upwards. Reform Bills with 
analogous provisions were also passed for Scotland and Ireland in- 
1832. Between 1832 and 1850 motions for further extending the fran- 
chise were frequently made and lost. In 1852 and 1854 Lord J. Rus- 
sell introduced Reform Bills, which were withdrawn. In 1859 Mr. 
Disraeli, on behalf of the Conservatives, introduced a Bill, which was 
defeated by 39 votes. In 1866 (March) a comprehensive Reform Bill 
was introduced by Mr. Gladstone. The " Adullamite " section of 
the Liberals had, however, seceded from their party, and the Hill, 
after fierce debate, was carried only by 5 votes, and in June the gov- 
ernment were defeated by an amendment. The Liberals resigned 
and the Conservatives, in Feb., 1867. brought forward and passed 
(Aug.) Mr. Disraeli's Reform Bill of 1867. This bill conferred a 
household and lodger franchise in boroughs, though it still left 
a property qualification in counties [ELECTIONS], Between 1872 
and 1883 motions in favor of household franchise in the counties 
were moved (generally by Mr. G. O. Trevelyan) and rejected. In 
1884 Mr. Gladstone introduced a Reform Bill intended to render the 
franchise uniform in England, Scotland, and Ireland, and toassimilate 
it in counties and boroughs. No provisions for the redistribution of 
seats were made, but the government undertook to bring in a bill 
dealing with the subject at an early date. After several amend- 
ments in favor of joining the Franchise Bill with a Redistribution 
Bill had been thrown out in the Commons, the bill passed its third 
reading in the lower House by a majority of 130. The Lords, how- 
ever, declared by a majority of 51 that no bill would be satisfactory 
which did not deal with the two subjects of extension of the franchise 
and redistribution. The two bills were brought in the next Session, 
and carried. Diet, of Eng. Hist. 



LIFE OF LORD TENTERDEN. 363 



son for the extent to which this destruction and spolia- 
tion are carried. I should be ready to run the risk of 
innovation were it intended only to transfer privileges 
from some decayed parts of the constitution to other 
more sound and healthy parts, which I believe in my 
conscience is all that is desired by the reasonable por- 
tion of his Majesty's subjects, by the middle classes, for 
whom I entertain as great a respect as any man (I may 
tell your Lordships that I feel a respect and affection 
lor these classes, having sprung from them), but instead 
of such a reasonable and moderate measure, reconcil-- 
able with the institutions of the country, I find one 
going farther than the worst fears of alarmists had ever 
anticipated. On what footing is the measure rested? 
Expediency alone ! My Lords, Expediency is a tyrant 
whose will is made a pretext for every act of injustice. 
Corporate rights, hitherto held sacred, are now reck- 
lessly violated, and I will tell those who despise them 
that after this precedent the rights ol property will be 
equally disregarded, and liberty and life itself will be 
sacrificed to expediency, or the appetite of the mob for 
plunder and blood. I conclude with repeating that I 
consider myselt in the situation which I unworthily fill 
peculiarly bound to uphold the chartered rights of the 
people, and 1 hereby solemnly proclaim that the flagrant 
violation ol these rights is ol itself an insuperable objec- 
tion to this Bill." 

I happened to be standing on the steps of the throne 
when this oracular denunciation was delivered, and I 
am sorry to say that the effect was rather ludicrous. 
The notion had never before entered the imagination 
of any man that the Chief Justice of England is ex- 
officio the Patron Saint of all municipal corporations, 
and that when they are in danger he is bound to appear 
Deus ex machina in their defence. 

The doomed Tenterden was soon after snatched 



364 REIGN OF GEORGE III. 

CHAP. a \vay (happily, perhaps) from the evil to come. How 
would he have comported himself when the " Municipal 
Corporation Reform Bill" was brought forward, which 
actually did sweep away every close corporation in the 
kingdom, made every ratepayer a burgess, and created 
by popular election a Mavor, Aldermen, and Councillors 
in every borough " all statutes, charters, and customs to 
tlic contrary in anywise notitrit/tstaadingf" On the pres- 
ent occasion he was in a triumphant majority of 199 to 
158 against the second reading of the Parliamentary 
Reform Bill and for some months longer he slept 
sound, corporate rights remaining untouched. 1 
HU las? 2 ' ^ ut i l ' ie montn f April following, the Parliamen- 
thTHcmse tai T R e f rm Bill again came up from the Commons ; 
of .L<"-ds, anc j although it now very improperly preserved the 
vow never franchise of the corrupt freemen, Lord C. J. Tenterden's 

again to 

enter the hostility to it was in no degree mitigated. Accordingly 

House if . . 

the Reform it was thus assailed bv him in the last speech he ever 

Kill passed. . 

delivered in parliament: " A sale and moderate plan 
of reform I should not object to; but the question is, 
whether you will go further with the consideration of 
this bill a bill which I have no hesitation in saying 
ought on no account to be permitted to pass into a 
law. The bill evinces a settled disregard of all existing 
rights. In its disfranchising clauses it does more than 
can be attempted with safety, and in its enfranchising 
clauses it goes infinitely beyond the wants and the 
wishes of the country. The right of sending represen- 
tatives to parliament is to be lavished not merely on 
great populous towns which have recently risen into 
opulence, but on villages and hamlets which have 
sprung up around them. Moreover, the elective fran- 
chise is to be placed, if not entirely, at least in a pre- 
ponderating degree, in the hands of one class. If this 
had been a class of well educated, well informed men, 
I. Parl. Deb., 3d Series, 301. 



LIFE OF LORD TENTEUDEN. 365 



Still I should have objected to making it the sole depos- , 
itary of political power ; but this class notoriously does 
not consist of such persons as I have just described. 
Those who belong to it are entitled to your Lordships' 
superintending care and protection ; but they are unfit 
to become your masters. We are asked to go into a 
committee on the bill, because there it may be amended. 
In committee I should feel it my duty to move that the 
whole be omitted after the word ' that,' for it cannot be 
modified so as to be rendered innocuous. The principle 
of the bill is precisely the same with that which you 
have already rejected. It is said that we must not go 
against the wishes of the people and a decided majority 
of the House of Commons. But you must consider 
whether the fulfilment of such wishes would not be per- 
nicious to the people ; and a majority of the House of 
Commons, however much entitled to respect, ought 
not to induce your Lordships to sanction a measure 
which you believe in your conscience would involve 
Lord and Commons in the general ruin. Let the bill 
be immediately rejected, for any protracted considera- 
tion of it can only lead to the delusion as well as to the 
disappointment of the public. We are threatened with 
calamitous consequences which may follow the rejec- 
tion of the bill; but I have no faith in such predictions. 
I never have despaired, nor will now despair of the 
good sense of the people of England. Give them but 
time for reflection, and I am sure they will act both 
wisely and justly. Of late they have been excited by 
the harangues of ministers, by the arts of emissaries, 
and by the inflammatory productions of the periodical 
press. Let them have time to cool, and they will ere 
long distinguish between their real and their pretended 
friends. Already there is a growing feeling among the 
people that they have been following blind guides, and 
I believe there is a great majority of the nation ready 



366 REIGN OF GEORGE III. 

C LIV' to a dpt an y measure ot temperate reform. This 
measure, my Lords, leaves nothing untouched in the 
existing state of the elective franchise. It goes to vest 
all the functions of government in the other House of 
Parliament, and it it were to pass there would be 
nothing left for this House or for the Crown, but to 
obey the mandates of the Commons. NEVER, NEVER, 

MY LORDS, SHALL I ENTER THE DOORS OF THIS Hoi'SK 
AFTER IT HAS BECOME THE PHANTOM OF ITS DEPARTED 
GREATNESS." 

There was still a decided majority of the Peers 
determined that the bill should not pass. .Nevertheless 
the expedient course was considered to be, that it 
should not again be thrown out in this stage, and the 
second reading was carried by a majority of 184 to 
175.1 

For a few days there seemed reason to think that 
Lord Lyndhurst's manoeuvre would succeed. The 
King concurred in it, and a new administration was 
named to mutilate the bill. But the nation said No ! 
The King was obliged to agree, it necessary, to create 
the requisite Peers to carry "the bill, the whole bill, 
and nothing but the bill." The dread of being so 
"swamped " by fresh creations frightened away a great 
many of its opponents, and it quietly passed its subse- 
quent stages unchanged. 

Lord Tenterden was as good as his word. After 
the Reform Bill received the Royal assent he never 
more entered the doors of the House. 

If he had survived a few years, he might have 
laughed at the disappointment of those who expected 
from this measure a new era of pure public virtue and 
uninterrupted national prosperity; yet he would have 
witnessed the falsification of his own predictions ; for, 
while individual peers ceased to be members of a 
I. 12 Parl. Deb., 3d Series, 398, 454. 



LIFE OF LORD TENTERDEN. 367 

formidable oligarchy, the House collectively retained c ^. p< 
its place in the constitution, and, I believe, it has since 
risen in public estimation and in influence. 

Lord Tenterden was sincerely convinced that the Hishealth 

declines. 

Mouse and the country were doomed to destruction, 
and tliis conviction aggravated the disorders by which 
his enfeebled frame was now afflicted. In the follow- 
ing strain, although almost too feeble to support exist- 
ence, he poured forth his anguish to Sir Egerton 
Brydges : 

" Russell Square, May 2oth, 1832. 

"Mv DEAR SIR EGERTON, 

" I have made several attempts to write to you, 
but have found myseli unable to do so; nor can I write 
as I ought, or wish to do. My spirit is so depressed, 
that when 1 am not strongly excited by some present 
object that admits of no delay, f sink into something 
very nearly approaching to torpidity. My affection 
for you remains unchanged. God bless you. 

"Your most affectionate friend, 

"TENTERDEN." 

Again, on the 8th of June, after addressing the 
same correspondent upon matters of inferior import- 
ance, he adds "We differ upon the great measure 
that has so long agitated the country. 1 considered 
the Catholic Bill as the first, and 1 consider this as the 
concluding step to overturn all the institutions of the 
country. In my anticipations of the effect of the first, 
I have certainly not been mistaken. The present state 
of Ireland proves this. Would to God I may be mis- 
taken as to the effect of the Reform Bill. Great alarm 
was felt yesterday from the Paris news. I hear to-day 
that the Government prevailed in the conflict. I have 
no confidence in a temporary triumph over a principle 
that I believe was never subdued, and can only be 
restrained by unintermitting coercion." 



368 



REIGN OF GEORGE III. 



CHAP. 
L1V. 



His last 

circuit. 



The long 
vacation 
before his 
death. 



He rallied a little, and got through the sittings after 
term pretty comfortably, giving his annual dinner to 
the King's counsel ; but instead of asking each of them 
to drink wine with him seriatim as formerly, he drank 
wine conjointly, first with all those who sat on his 
right hand, and then with all those on his left, hospita- 
bly admonishing them to drink wine with each 
other. 

In July he went the Midland Circuit, as the lightest 
he could choose, and he was able to sit in Court and 
finish the business at every assize town, notwithstanding 
the annoyance of a violent cough and other alarming 
symptoms. After a short stay at Leamington he re- 
turned to his seat at Hendon, and there spent the long 
vacation ; sometimes yielding to despondence, and 
sometimes trying to amuse himself with making Latin 
verses, and with classical reading, which used to be his 
solace. 

Being obliged to come to town for a Council to de- 
termine the fate of the prisoners convicted at the Old 
Bailey, he wrote to Sir Egerton Brydges the following 
melancholy epistle, which did not reach its destination 
till the writer was relieved from all his sufferings, and 
transferred to a better state of existence. 



" MY DEAR SIR EGERTON, 

" I came to town yesterday to attend His Majesty 
on the Recorder's report, and have received your letter 
this morning. I have lately suffered, and am still suf- 
fering, very severely from an internal complaint, which 
they call an irritation of the mucous membrane. It 
troubled me during all the circuit. I got rid of it 
for a short time at Leamington, but it soon returned 
with greater violence, and has for some time deprived 
me of appetite, and produced great depression of 



LIFE OF LORD TENTERDEN. 369 

spirits. Sir Henry Halford, however, assures me that 
a medicine he has ordered me will in time remove 
the complaint, and my confidence in him induces me 
to trust it may be so, though after a trial of six days I 
cannot say that I find any sensible improvement. God 

bless you. 

" Your most affectionate friend, 

" TENTERDEN." 

However, his mental faculties remained wholly un- His last 
impaired; and he was determined " to die, like a camelfncoun" 06 
in the wilderness, with his burden on his back." An 
important Government prosecution, in which 1 was 
counsel The King v. Tlie Mayor of Bristol was ap- 
pointed to be tried at bar immediately before Michael- 
mas Term. This excited prodigious interest, as it arose 
out of the Reform-Bill riots at Bristol, in which a 
considerable part of the city was laid in ashes. The 
Chief Justice appeared on the Bench with the other 
Judges, and continued to preside during the first two 
days of the trial. I recollect one characteristic sally 
from him, indicating his mortal dislike of long examina- 
tions. Mr. Shepherd, the junior counsel for the Crown, 
having asked how many horses were drawing a mes- 
senger's post-chaise sent in quest of the mayor, and 
being answered " four," Lord Tenterden sarcastically 
exclaimed in a hollow voice, "and now, Sir, I suppose 
you will next get out from your witness what was the 
color of the post-boys' jackets." But his bodily health was 
evidently sinking. When he went home in the even- 
ing of the second day of the trial he had no appetite for 
the dinner prepared for him, and he fancied that fresh 
oysters would do him good. He ate some ; but they 
disagreed with him, and an access of fever supervening, 
he was put to bed, from which he never rose. Although His death . 



REIGN OF GEORGE III. 
attended by Sir Henry Halford, Dr. Holland, 1 and Sir 

I. " George Calvert Holland, (1801-1865), physician, was born at 
Pitsmoor, Sheffield, Feb. 28, 1801. He had practically no early edu- 
cation, and his father, a respectable artisan, apprenticed him to a 
trade. When about sixteen years old he suddenly discovered that 
he had a facility for writing verses. He thereupon studied the poets, 
and learned Latin, French, and Italian On the completion of his ap- 
prenticeship his friends, under the advice of Dr. Philipps of the Upper 
Chapel, Sheffield, placed him with a Unitarian minister with a view 
to his joining the Unitarian ministry. After a year he determined to 
enter the medical profession, and went to Edinburgh, where he 
graduated M.D. in 1827 with high honors, and, joining the Hunterian 
and Royal Physical societies, became president of both. He spent 
a year in Paris, taking the degree of bachelor of letters, and after 
another year in Edinburgh began practice in Manchester. Here he 
made for himself a distinguished position, but a fierce controversy, 
in which his advocacy of the new discoveries of Gall and Spurzheim 
involved him with his professional brethren, led to his finally remov- 
ing to Sheffield. His career in his native town was from the first a 
success. He at once took a prominent and important position in the 
Literary and Philosophical Society, Mechanics' Library, and Me- 
chanics' Institution, and an active part in promoting the return of 
liberal members during the first and second elections for Sheffield 
under the Reform Act of 1832. His works, ' An Experimental En- 
quiry into the Laws of Animal Life,' Edinburgh, 1829, 8vo, and 
' The Physiology of the Foetus, Liver, and Spleen,' 1831, added much 
to his professional reputation, and he was appointed one of the hon- 
orary physicians to the Sheffield General Infirmary. Holland was an 
enthusiastic student of the new science of mesmerism. In the 
struggle for the repeal of the corn laws he turned his back on his old 
principles and actively defended protection. Although his new 
friends rewarded his efforts with a purse containing five hundred 
guineas, his action cost him in practice and position more than ten 
times the amount. Practically giving up his profession, Holland 
became provisional director of many of the railway projects at the 
time of the railway mania, and was also a director of the Leeds and 
West Riding Bank and of the Sheffield and Retford Bank. Disaster 
overtook these latter companies, and involved him in utter ruin. He 
retired to Worksop, where he wrote, 'Philosophy of Animated Na- 
ture,' 1848, which he regarded as his best work. After an unsuc- 
cessful attempt to establish himself in London, he returned again to 
Sheffield in 1851, and having changed his views on medical science 
began practice as a homceopathist. He was elected a member of the 
Town Council, but lost his seat in 1858, owing to his advocacy of a 
Local Improvement Act. In 1862, however, he was made an alder- 
man of the borough, and that position he held until his death at 
Sheffield on March 7, 1865. Holland's principal works are, besides 
those mentioned above : I. ' Essay on Education,' 1828, Svo; 2. 
4 Enquiry into the Principles and Practice of Medicine,' 2 vols.. 



LIFE OF LORD TENTERDEN. 371 

Benjamin Brodie, 2 his disease baffled all their skill. He 

1833 and 1835; 3. 'Corn Law Repealing Fallacies,' etc., 1840, 8vo; 
4. ' Millacrat,' 1841, Svo; 5. ' The Abuses and Evils of Chanty, 
especially of Medical Charitable Institutions ' ; 6. ' The Vital Statis 
tics of Sheffield,' 1843 ; 7. ' The Philosophy of the Moving Powers of 
the Blood ' ; 8. Diseases of the Lungs from Mechanical Causes,' 
1844 ; 9. ' The Nature and Cure of Consumption, Indigestion, 
Scrofula, and Nervous Affections,' 1850 ; 10. ' Practical Suggestions 
for the Prevention of Consumption,' 1850 ; H. ' Practical Views on 
Nervous Diseases,' 1850 ; 12. ' The Constitution of the Animal Cre- 
ation as expressed in Structural Appendages,' 1857; 13. 'The 
Domestic Practice of Homoeopathy,' London, I2mo, 1859. He also 
edited a new edition of the poelical works of Richard Furness of 
Dore, with a sketch of his life 1858." Nat. Biog. Di<t. 

2. " Sir Benjamin Collins Brodie, the elder (1783-1862), Sergeant. 
Surgeon to the Queen, was born at Winterslow, in Wiltshire, in 
1753. He was fourth child of Peter Bellinger Brodie, rector of the 
parish, who had been educated at Charterhouse and Worcester Col- 
lege, Oxford. His mother was daughter of Mr. Benjamin Collins, 
a banker at Salisbury. From his father, who was well versed in 
general literature, and a good Greek and Latin scholar, Brodie 
received his early education. In 1797, when the country was 
alarmed by the prospect of a French invasion, Brodie and two 
brothers raised a company of volunteers. At the age of eighteen 
he went up to London, to enter upon the medical profession. There 
he devoted himself at once to the study of anatomy, attending first 
the lectures of Abernethy, and in 1801 and 1802 those of Wilson 
at the Hunterian school in Great Windmill Street, working hard 
in the dissecting-room. He learned pharmacy in the shop of Mr. 
Clifton of Leicester Square, one of the licentiates of the Apothe- 
caries Company. At this time Brodie formed a friendship with 
William Lawrence, the celebrated surgeon, which was continued 
through life, and he was joint secretary with Sir Henry Ellis of 
an 'Academical Society,' to which many eminent writers belonged. 
The society had been removed from Oxford to London, and was 
dissolved early in the present century. In the spring of 1803 Brodie 
entered at St. George's Hospital as a pupil under Sir Everard 
Home, and was appointed house-surgeon in 1805, and afterwards 
demonstrator to the anatomical school. When his term of office had 
expired he assisted Home in his private operations and in his 
researches on comparative anatomy. He diligently pursued for 
some years the study of anatomy, demonstrating in the Windmill 
Street school, and lecturing conjointly with Wilson until the year 
1812. He was selected Assistant-Surgeon to St. George's Hospital 
in 1808, an appointment which he held for fourteen years, and in the 
next year entered upon private practice, taking a house in Sack- 
ville Street for the purpose. In 1808 he was elected a member of 
the Society for the Promotion of Medical and Chirurgical Knowl- 
edge, a society limited to twelve members, founded by Dr. John 



372 REIGN OF GEORGE III. 

C uv P ' became delirious and talked very incoherently. After- 
wards he seemed to recover his composure, and, raising 

Hunter and Dr. Fordyce in 1793, and dissolved in 1818. At this 
period he contributed his first paper the results of original phy- 
siological inquiries to the ' Philosophical Transactions,' and was 
elected a fellow of the Royal Society in iSlo. During the winter 
of iSio-n he communicated to the society two papers, one ' On the 
Influence of the Brain on the Action of the Heart and the Generation 
of Animal Heat ' ; the other ' On the Effects produced by certain 
Vegetable Poisons (Alcohol. Tobacco, Woorara, etc.),' the first of 
which formed the Croonian lecture. So favorable was the impres- 
sion he produced that the Council awarded him the Copley medal 
in 1811, when he was twenty-eight years of age. His unremitting 
devotion to the work of his profession, without holiday for the 
period of ten years, now told seriously upon his health, but change 
of air and rest enabled him to resumed his duties. His interest 
when he was House-Surgeon having been excited by a case of 
spontaneous dislocation of the hip, he was led to study other cases 
of disease of the joints, and in 1813 he contributed a paper to the 
' Medico-Chirurgical Transaction,' which formed the basis of his 
treatise on ' Diseases of the Joints,' published in 1818. This work 
went through five editions, and translations of it appeared in other 
countries. He again delivered the Croonian lecture at the Royal 
Society on the action of the muscles in general and of the heart 
in particular, and at this time performed the experiment of passing 
a ligature round the choledoch duct, the results of which were 
given in Brande's 'Journal.' In a paper on ' Varicose Veins of the 
Leg,' published in the seventh volume of the ' Medico-Chirurgical 
Transactions,' he described the first subcutaneous operations on 
record. He married in 1816 the daughter of Serjeant Sellon, a law- 
yer of repute, and as practice steadily increased he removed in 
1819 to Savile Row. In the same year he was appointed Professor 
of Comparative Anatomy and Physiology at the Royal College of 
Surgeons, and delivered four courses of lectures. While he held 
this office he was summoned to attend George IV., and assisted at 
an operation for the removal of a tumor of the scalp from which 
the King suffered. He was elected Surgeon to St. George's Hos- 
pital in 1822, and his time was now busily employed with his 
hospital duties and lectures and an increasing and lucrative prac- 
tice. In his attendance upon the King during the illness which 
terminated fatally he used to be at Windsor at six o'clock in the 
morning, staying to converse with the King, with whom Hrodie was 
a favorite. When William IV. succeeded to the throne, Brodie was 
promptly made Sergeant-Surgeon (1832), and two years afterwards a 
baronet. His lectures on diseases of the urinary organs were pub- 
lished in 1832, and those illustrative of local nervous affections in 
1837. The numerous papers which he wrote from time to time 
will be found in his ' Collected Works.' In 1837 he travelled abroad 
in France for the first time. In 1854 he published anonymously 



LIFE OF LORD TENTERDEN. 373 

his head from his pillow, he was heard to say in a slow C , H .'1 P - 
and solemn tone, as when he used to conclude his 
summing-up in cases of great importance, "And now, 
gentlemen of the jury, you will consider of your ver- 
dict." These were his last words: when he had 
uttered them, his head sunk down, and in a few 
moments he expired without a groan. 

According to directions left in his will, his remains HIS 
were, in a very private manner, interred in the vaults funera1 ' 
of the Foundling Hospital, 1 of which he had been a 

' Psychological Inquiries,' essays in conversational form, intended to 
illustrate the mutual relations of the physical organization and the 
mental faculties. In 1862 a second series followed, to which he put 
his name. He was elected President of the Royal Society in 18581 
and this office he resigned in 1861, when he found that failing eye- 
sight interfered with the discharge of the duties. He was President 
of the Royal College of Surgeons (1844) having been for many years 
Examiner and Member of the Council, and having introduced impor- 
tant improvements into the system of examinations. He was also 
President of the Royal Medical and Chirurgical and of other 
learned societies. The estimation in which he was universally held 
is shown by his connection with the Institute of France, the Acad- 
emy of Medicine in Paris, the Royal Academy of Sciences of Stock- 
holm, and the National Institution of Washington; and the University 
of Oxford conferred upon him the degree of D.C.L. He died at 
Broome Park. Surrey, in the eightieth year of his age, from a pain- 
ful disease of the shoulder, Oct. 21, 1862. His wife had died two 
years previously. As a surgeon Brodie was a successful operator, 
distinguished for coolness and knowledge, a steady hand, and a 
quick eye ; but the prevention of disease was in his opinion higher 
than operative surgery, and his strength was diagnosis. An accurate 
observer, his memory was very retentive, and he was never at a loss 
for some previous case which threw light upon the knotty points in a 
consultation. Unflinching against quackery, he was instrumental in 
bringing St. John Long to justice, and his precise evidence in the 
witness-box was effective against the poisoner Palmer. His life 
was spent in active work, and he devoted it to the arrest of disease." 
Nat. fiiof. Diet. 

i. On the east side of Russell Square opens Guildford Street, 
which leads to the Foundling Hospital, founded in 1739 by the benevo- 
lent Thomas Coram, captain of a trading vessel, for " the reception, 
maintenance and education of exposed and deserted young children." 
In 1760 the institution ceased to be a "foundling" hospital except 
in name, but is still applied to the reception of illegitimate children. 
The girls wear brown dresses with white caps, tuckers and aprons ; 
the boys have red sashes and cap-bands. Hare's Walks in London. 



374 



REIGN OF GEORGE III. 



CHAP, governor. At the south-east entrance to the hospital is 

LIV. 

to be seen his monument, with the following modest 
inscription, written by himself only two months before 
his death: 

His " Prope situs est 

epitaph. CAROLUS BARO TENTERDEN 

Filius natu minor 

Humillimis parentibus, 

Patre vero prudent! matre pia ortus 

Per annos viginti in causis versatus, 

Quantum apud Britannos honestus labor 

Favente Deo valeat 

Agnoscas lector!" ' 

Underneath is added, by his pious son 

" Haec de se conscripsit 
Vir summus idemque omnium modestissimus. 8 

The impartial biographer cannot say that he was 
a great man but he was certainly a great magistrate. 
To the duties of his judicial office he devoted all his 
energies, and on the successful performance of them he 
His charac- rested all his fame. Authorship he never attempted 
manners, in his lifetime beyond his law book, which, although it 
passed through various editions, is already out of fash- 
ion and thrown aside, like an old almanack, as it was 
founded on statutes many of which have been repealed, 
and on decisions many of which have been reversed. 
A Diary which he kept, from November, 1822, to Feb- 
ruary, 1825, now lies before me. The following com- 
mencement led me to expect much useful information 
and amusement from it : 

" I have often wished that my predecessors had left 
a Diary, and that I was in possession of it." 

But I am grievously disappointed. It contains 

I. " Near by lies Charles, Lord Tenterden, the youngest son of 
humble parents, born of a wise father and pious mother; for twenty 
years he was employed in causes ; thus you may know, Reader, how 
honest labor, with the favor of God, is rewarded among the British 
people." 

2 " These lines a great and very modest man wrote concerning 
himself." 



LIFE OF LORD TENTERDEN. 375 

very little that is interesting to a succeeding Chief 
justice or to any one else. The diarist not only ab- 
stains from all notice of public events, but he makes no 
remark of any value on any professional subject. He 
never hints at any defects or improvements in the ad- 
ministration of justice in his Court, and never intro- 
duces the name of any counsel who practised before 
him. He confines himself to dry details of the number 
of causes tried at the sittings, and his expenses on the 
circuits. One might have expected some satirical allu- 
sions to his brother Judges, for whom he had not a 
very high respect ; but nothing is said of any of them 
that might not have been published at Charing Cross. 
There is no ground for regret that the Diary was not 
begun sooner or continued later. 1 

Neither on the Bench nor in society did he ever 
aim at jocularity or wit, although, by accident or de- 
sign, he once uttered a pun. A learned gentleman, 
who had lectured on the law and was too much ad- 
dicted to oratory, came to argue a special demurrer 
before him. " My client's opponent," said the figura- 
tive advocate, " worked like a mole under ground, clam 
et secret^." His figures and law Latin only elicited an 
indignant grunt from the Chief Justice. " It is asserted 
in Aristotle's Rhetoric " " I don't want to hear what 
is asserted in Aristotle's Rhetoric," interposed Lord 
Tenterden. The advocate shifted his ground and took 
up, as he thought, a safe position. " It is laid down in 

I. Beyond the extracts which I have given, I find nothing more 
curious than the following table of his expenses on the Circuit : 

s. d. 

Spring, 1816 Home 243 7 o 

Summer, 1816 Oxford 290 9 o 

Spring, 1817 Western 323 16 o 

Summer, 1817 Norfolk 251 7 o 

Spring, 1819 Norfolk 16515 o 

Summer, 1819 Midland 274 9 o 

Summer, 1822 Northern 203 3 o 

Summer, 1824 Western 374 o o 



376 



REIGN OF GEORGE III. 



CHAP, the Pandects of Justinian" "Where are you got 
now ? " " It is a principle of the civil law." " Oh, 
sir!" exclaimed the Judge, with a tone and voice 
which abundantly justified his assertion, " we have 
nothing to do with the civil law in this Court." ' 

The extreme irregularity of the Judges in their con- 
ferences, which there has often been occasion to de- 
plore, once forced him into the necessity of coining a 
word. He said he could not call them Parliamentuin 
Indoctum, but that he might well call them Parliamen- 
t H in Bablitii'iim. 

He was courteous in company, but rather stiff and 
formal in his manners, as if afraid of familiarity and re- 
quiring the protection of dignified station which prob- 
ably arose from the recollection of his origin and of his 
boyish days. He would voluntarily refer to these 
among very intimate friends, but he became exceed- 
ingly uneasy when he apprehended any allusion to 
Compii- them in public. Once, however, he was complimented 

ment to ..... . 

him by theupon his rise under circumstances so extravagantly 
Mayor of ludicrous that he joined in the general shout of laugh- 
London. ter which the orator called forth. Sir Peter Laurie, 2 the 

1. Townsend, 261. I should rather think, notwithstanding the 
Jot Miller al Garrick catching an orange thrown at him on the stage, 
and exclaiming, "This is not a civil orange !" that the Chief Jus- 
tice's pun was unintentional, like that of Mr. Justice Blackstone. 
who says in his Commentaries, with much gravity, that " landmarks 
on the sea shore are often of signal service to navigation." 

2. "Sir Peter Laurie (l779?-i86i), Lord Mayor of London, born 
about 1779, was son of John Laurie, a small landowner and agricul- 
turist, of Stitchell. Roxburghshire. He was at first intended for the 
ministry of the established church of Scotland, but his tastes inclin- 
ing him to a commercial life, he came to London as a lad to seek his 
fortune. He obtained a clerkship in the office of John Jack, whose 
daughter Margaret he afterwards married, and subsequently set up 
for himself as a saddler, carrying on business at 296 Oxford Street. 
Becoming a contractor for the Indian army his fortune was rapidly 
made, and in 1820 he took his sons into partnership ; he himself re- 
tired from the business in 1827. He was chairman of the Union 
Bank from its foundation in 1839 until his death. In 1823 he served 
the office of sheriff, and on April 7, 1824, received the honor of 



LIFE OF LORD TENTERDEN. 377 

saddler, when Lord Mayor of London, gave a dinner 
at the Mansion House to the Judges, and, in proposing 
their health, observed, in impassioned accents, " What 
a country is this we live in ! In other parts of the world 
there is no chance, except for men of high birth and 
aristocratic connections ; but here genius and industry 
are sure to be rewarded. See before you the exam- 
ples of myself, the Chief Magistrate of the Metropolis 
of this great Empire, and the Chief Justice of England 
sitting at my right hand both now in the highest 

knighthood. On July 6, 1826, he was chosen alderman for the ward 
of Aldersgate. In 1831 he contested the election for the mayoralty 
with Sir John Key, who was put forward for re-election. Laurie 
was defeated, but served the office in the following year in the ordi- 
nary course of seniority. He was master of the Saddlers' Company 
in 1833. During his mayoralty and throughout his public life 
Laurie devoted himself largely to schemes of social advancement. 
He gained the reputation of being a good magistrate, and took an 
active part in the proceedings of the court of Common Council, 
where he showed himself a disciple of Joseph Hume. In 1825 he 
succeeded in throwing open to the public the meetings of the court 
of Middlesex magistrates, and in 1835 the meetings of the court of 
aldermen were also held in public through his endeavors. He was 
president of Bridewell and Bethlehem hospitals, and a magis- 
trate and deputy-lieutenant for the city of Westminster and the 
county of Middlesex. His town residence was situated in Park 
Square, Regent's Park, where he died of old age and infirmity on 
December 3, 1861. He was buried in Highgate Cemetery on the 
loth of that month. Laurie had no children, and was left a widower 
in 1847. There is a mezzotint portrait of him engraved by James 
Scott from a painting by Thomas Philipps, R.A., and published in 
1839 ; and an inferior lithographic print from a drawing by F. 
Cruikshank was published by Hullmandel. A portrait by an un- 
known painter, presented to him by the Company on February 24, 
1835, hangs in Saddlers' Hall Laurie published: I. 'Maxims 
. . . ,' I2mo., London, 1833. 2. 'Substance of the Speech of Sir P. 
Laurie on the Question of the Periodical Election of Magistrates in 
the Court of Common Council,' March 28, privately printed, 8vo., 
London, 1835. 3. 'Correspondence between C. Cator . . . and Sir 
I'. L. upon the Minutes of the Court of Common Council,' Svo. 
(1839). 4. 'Speech ... at the Public Breakfast of the Wesleyan 
Missionary Society,' pp.8, 8vo., London, 1843. 5. 'Killing no 
Murder, or the Effects of Separate Confinement . . .' 8vo., London, 
1846. 6. 'A Letter on the Disadvantages and Extravagances of the 
Separate System of Prison Discipline for County Jails . . .' 8vo., 
London, 1848." A1//. Biog. Did. 



378 REIGN OF GEORGE III. 

CHAP, offices in the State, and both sprung from the very 

dregs of the people ! " 
Hisrecoi- Lord Tcnterdcn is placed in a very amiable point of 

lections of . . . 

canter- view by MACREADY, 1 the celebrated tragedian, in a 
lecture which he delivered to a Mechanics' Institute 
alter he had retired from the stage, and which he pub- 
lished with several others, possessing great interest. 
The lecturer gives an account of a visit paid by him to 
Canterbury Cathedral, under the auspices of a Verger, 
who, by reading and observation, had acquired won- 
derful knowledge of architecture and mediaeval antiqui- 
ties. Having introduced us to his guide, the ex-trage- 
dian thus proceeds: "He directed my attention to 
everything worthy of notice ; pointed out with the 
detective eye of taste the more recondite excellence of 
art throughout the building, and with convincing accu- 
racy shed light on the historical traditions associated 
with it. It was opposite the western front that he 
stood with me before what seemed the site of a small 
shed or stall, then unoccupied, and said, ' Upon this 
spot a little barber's shop used to stand. The last time 
Lord Tenterden came down here he brought his son 
Charles with him, and it was my duty, of course, to 
attend them over the Cathedral. When we came to 
this side ol it he led his son up to this verv spot and 
said to him, 'Charles, you sec this little shop; I liave 
brought you here on purpose to shovu it to you. In t licit shop 
your grandfather used to shave for a penny ! That is the 

I. William Charles Macready (/<. 1793, <{. 1873), actor, born in 
London, and educated at Rugby ; made his first appearance at Bir- 
mingham in 1810, and was engaged at Covent Garden in 1816. He 
played Richard III. in 1819, and removed to Drury Lane in 1822, and 
after a tour in the United States, appeared as Macbeth in 1827. He 
subsequently visited Paris, and held the management of Covent 
Garden and Drury Lane. In 1849 ne nearly lost his life in a riot 
promoted by the friends of Forrest at the Astor Opera House, New 
York; and he made his last appearance at Drury Lane in 1851. 
Cas sell's Biog. Diet. 



LIFE OF LORD TENTERDEN. 379 

proudest reflection of iny life ! While you live never for- 
get that, my dear Charles.' And this man, the son of a 
poor barber, was the Lord Chief Justice of England. 
For the very reason, therefore, that the chances of such 
great success are rare, we should surely spare no pains 
in improving the condition of all whom accident may 
depress or fortune may not befriend." 

I have heard some complaint, although I confess I 
myself never saw any sufficient ground for the com. 
plaint, that after Abbott had been several years Chief 
Justice, he was not only a martinet in Court, but that 
he rigidly enforced the rules of evidence and of pro- 
cedure when presiding at his own table. The follow- 
ing amusing anecdote, recorded of him in the " Quar- 
terly Review," I suspect is only entitled to the praise 
of being ben trovato : " He had contracted so strict and 
inveterate an habit of keeping himself and everybody 
else to the precise matter in hand, that once, during a 
circuit dinner, having asked a county magistrate if he 
would take venison, and receiving what he deemed an 
evasive reply: 'Thank you, my Lord, I am going to 
take boiled chicken;' his Lordship sharply retorted, 
' That, sir, is no answer to my question ; I ask you 
again if you will take venison, and I will trouble you 
to say yes or no without further prevarication ! ' ' 

At all times he showed an affectionate regard for 
the place of his early education : " In 1817, the centen- 
ary commemoration of the school, he accepted an invi- 
tation to Canterbury, witnessed the examination of the 
scholars, addressed the successful candidates, and, after 
attending the usual service and sermon at the Cathe- 
dral, dined with the masters and members of the insti- 
tution at the principal hotel of the city. In his speech 
after dinner he expressed himself with feeling and 
effect, and declared that to the free school of Canter- 
bury he owed, under the Divine blessing, the first and 



380 REIGN OF GEORGE III. 

CHAP. b es t means of his elevation in life. Nor was his grati- 
tude confined to words. With a tasteful retrospect of 
the cause of his own success, he founded and endowed 
two annual prizes the one for the best English essay, 
the other for the best Latin verse." ! 

Lest I should be misled by partiality or prejudice, 
I add, in justice to the memory of Lord Tenterden, 
sketches of him by very skilful artists. Thus is he 
portrayed by Lord Brougham : 

character " A man of great legal abilities, and of a reputation, 
TeiitTrden though high, by no means beyond his merits. On the 
Brougham, contrary, it may be doubted if he ever enjoyed all the 
fame that his capacity and his learning entitled him to. 
For he had no shining talents ; he never was a leader at 
the bar ; his genius for law was by no means of the depth 
and originality which distinguished Mr. Holroyd nor 
had he the inexhaustible ingenuity of Mr. Littledale, 
nor perhaps the singular neatness and elegance of Mr. 
Richardson. His style of arguing was clear and cogent, 
but far from brilliant ; his opinions were learned and 
satisfactory, without being strikingly profound ; his 
advice, however, was always safe, although sometimes, 
from his habitual and extreme caution, it might be de- 
ficient in boldness or vigor. As a leader he very rarely 
and only by some extraordinary accident appeared, and 
this in a manner so little satisfactory to himself, that 
he peremptorily declined it whenever refusal was pos- 
sible, for he seemed to have no notion of a leader's duty 
beyond exposing the pleadings and the law of the case 
to the jury, who could not comprehend them with all 
his explanation. Although his reputation at the bar 
was firmly established for along course of years, it was 
not till he became a Judge, hardly till he became Chief 
Justice, that his merits were fully known. It then ap- 
peared that he had a singular judicial understanding, 

I. 2 Towns., 237. 



LIFE OF LORD TENTERDEN. 381 

and even the defects which had kept him in the less 
ambitious walks of the profession his caution, his 
aversion to all that was experimental, his want of fancy 
contributed, with his greater qualities, to give him a 
very prominent rank indeed among our ablest Judges. 
One defect alone he had, which was likely to impede 
his progress towards this eminent station ; but of that 
he was so conscious as to protect himself against it by 
constant and effectual precautions. His temper was 
naturally bad ; it was hast} 7 and it was violent, forming 
a marked contrast with the rest of his mind. But it 
was singular with what success he fought against this, 
and how he mastered the rebellious part of his nature. 
Indeed it was a study to observe this battle, or rather 
victory, for the conflict was too successful to be appar 
ent on many occasions. On the bench it rarely broke 
out, but there was observed a truly praiseworthy fea- 
ture, singularly becoming, in the demeanor of a Judge. 
Whatever struggles with the advocate there might be 
carried on during the heat of a cause, and how great 
soever might be the asperity shown on either part, all 
passed away all was, even to the vestige of the trace 
of it, discharged from his mind, when the peculiar duty 
of the Judge came to be performed; and he directed 
the jury, in every particular, as if no irritation had ever 
passed over his mind in the course of the cause. Al- 
though nothing can be more manifest than the injustice 
of making the client suffer for the fault or the misfor- 
tune of his advocate his fault, if he misconducted 
himself towards the Judge ; his misfortune, if he un- 
wittingly gave offence yet, whoever has practised at 
Nisi prius, knows well how rare it is to find a Judge of 
an unquiet temper, especially one of an irascible dispo- 
sition, who can go through the trial without suffering 
his course to be affected by the personal conflicts which 
may have taken place in the progress of the cause. It 



382 



REIGN OF GEORGE III. 



CHAP. 
L1V. 



by Mr. 

Justice 

Talfourd. 



was, therefore, an edifying sight to observe Lord Ten- 
terden, whose temper had been visibly affected during 
the trial (for on the bench he had not always the entire 
command of it, which we have described him as pos- 
sessing while at the bar), addressing himself to the 
points in the cause, with the same perfect calmness and 
indifference with which a mathematician pursues the 
investigation of an abstract truth, as if there were 
neither the parties nor the advocates in existence, and 
only bent upon the discovery and the elucidation of 
truth." 

The following discriminating praise and mild cen- 
sure are meted out to him by Mr. justice Talfourd, the 
author of " Ion": 

"The chiet judicial virtue of his mind was that of 
impartiality; not mere independence of external influ- 
ences, but the general absence of tendency in the mind 
itself to take a part, or receive a bias. How beneficial 
this peculiarity must prove in the judicial investigation 
of the ordinary differences ol mankind, is obvious; yet 
in him it was little else than a remarkable absence of 
imagination, passion, and sympathy. In him the dis- 
position to single out some one object from others for 
preference the power and the love of accumulating 
associations around it and of taking an abstract interest 
in its progress, were wholly wanting. The spirit of 
partisanship, almost inseparable from human nature 
itself, unconsciously mingling in all our thoughts, and 
imparting interest to things else indifferent, is especially 
cherished by the habits and excitements of an advo- 
cate's profession, and can, therefore, seldom be wholly 
prevented from insinuating itself into the feelings of 
the most upright and honorable Judges. But Lord 
Tenterden, although long at the bar, had rarely exer- 
cised those functions of an advocate which quicken the 
pulse and agitate the feelings ; he had been contented 



LIFE OF LORD TENTERDEN. 383 

with the fame of the neatest, the most accurate, and CHAP. 
the most logical of pleaders; and no more thought of 
trials in which he was engaged as awakening busy 
hopes and fears, than of the conveyances he set forth 
in his pleas as suggesting pictures of the country to 
which they related. The very exceptions to his gen- 
eral impartiality of mind partook of its passionless and 
unaspiring character. In political questions, although 
charged with a leaning to the side of power, he had no 
master prejudices ; no sense of grandeur or gradation; 
as little true sympathy with a high oppressor as with 
his victims. On the great trials of strength between 
the Government and the people, he was rarely aroused 
from his ordinary calmness ; and he never, like his pred- 
ecessor, sought to erect an independent tyranny by 
which he might trample on freedom of his own proper 
wrong. He was 'not born so high' in station, or in 
thought, as to become the comrade of haughty corrup- 
tion. If seduced at all by power, it was in its humbler 
forms the immunities of the unpaid magistracy and 
the chartered rights of small corporations, which found 
in him a congenial protector. If he had a preferable 
regard in the world, beyond the circle of his own family 
and friends, it was for these petty aristocracies, which 
did not repel or chill him. If he was overawed by 
rank, he was still more repelled by penury, the idea of 
which made him shiver even amidst the warmth of the 
Court of King's Bench, in which alone he seemed to 
live. His moral like his intellectual sphere was con- 
tracted ; it did not extend far beyond the decalogue; 
it did not conclude to the country, but was verified by the 
record. His knowledge, not indeed of the most atro- 
cious but of the meanest parts of human nature, made 
him credulous of fraud ; a suggestion of its existence 
always impelled his sagacity to search it out ; and if 
conspiracy was the charge, and an attorney among the 



384 REIGN OF GEORGE III. 

CHAP, defendants, there were small chances of acquittal. The 
chief peculiarity and excellence of his decisions consist 
in the frequent introduction ot the word 'reasonable' 
into their terms. He so applied this word as in many 
instances to relax the severity of legal rules, to mediate 
happily between opposing maxims, and to give a liberal 
facility to the application of the law by Judges and 
juries to the varying circumstances of cases, which be- 
fore had been brought into a single class. If lie would 
not break through a rule for the greatest occasion, he 
was acute in discovering ways by which the right might 
be done without seeming to infringe it ; and his efforts 
to make technical distinctions subservient to substantial 
justice were often ingenious and happy." 

His love of 1 reserve, as a pleasing finale lor this memoir, Lord 
literature Tcnterdcn's ardent and unabated devotion to classical 

and talent . . . . 

(or making literature, which confers high distinction upon him, and 
Terse*. is so creditable to our profession, showing that the 
indulgence of such elegant tastes is consistent with a 
steady and long continued and successful application to 
abstruse juridical studies, and with the exemplary per- 
formance of the most laborious duties of an advocate 
and ot a judge. Lord Eldon never opened a Greek or 
Latin author alter leaving college, and Lord Kenyon 
could never construe one. Lord Tenterden in his 
busiest time would refresh himself from the disgust of 
the Liber Placitandi, or the Registruin Brcmuvi, by read- 
ing a Satire of Juvenal, or a chorus of Euripides. He 
likewise kept up a familiar knowledge of Shakespeare, 
Milton, Dryden, and Pope, but he was little acquainted 
with the modern school of English poets. When Sir 
James Scarlett on one occasion referred to the poetry 
of Southey and Wordsworth as familiar to the jury, 
Lord Tenterden observed, that " for himself he was 
bred in too severe a school of taste to admire such 
effusions." 



LIFE OF LORD TENTERDEN. 385. 

Although he had long ceased to make verses himself, 
a few years before his death his passion for this amuse- 
ment returned, and in the following letter to Sir Egerton 
Brydges, dated isth September, 1830, he gave an inter- 
esting account of his " hobby." 

" I have always felt that it might be said that a. 
Chief Justice and a peer might employ his leisure hours 
better than in writing nonsense verses about flowers. 
But I must tell you how this fancy of recommencing to 
hammer Latin metres after a cessation of more than 
thirty years began. Brougham procured for me from 
Lord Grenville a copy of some poems printed by him 
under the title of ' Nugae,' chiefly his own, one or two, 
I believe, of Lord Wellesley's, written long ago, and a 
piece of very good Greek humor by Lord Holland, 
The motto in the title-page is four or five hend^ecasylla- 
bic lines by Fabricius. At the same time John Wil- 
liams 1 of the Northern Circuit, now the Queen's Solic- 

:. " We have in Sir John Williams another example of the union of 
law and literature, and an additional proof that the deepest scholas- 
tic attainments are not incompatible with professional success. Sir 
John's love of the classics and devotion to the Muses did not pre- 
vent him from being a hard-working advocate, a zealous law re- 
former, or a good practical judge. He was of Welsh extraction, 
being descended from an ancient family in Merionethshire ; but was 
born at Bunbury in Cheshire, of which his father was vicar, as well 
as holding a living in the former county. He was born in January, 
1777, and imbibed his classical tastes at the grammar school of Man- 
chester ; from whence proceeding to the University of Cambridge he 
gained a scholarship at Trinity College at the age of eighteen. In 
his progress he won many prizes, and graduating as B.A. in 1798 he 
succeeded in obtaining a fellowship after a strenuous competition. 
His legal school was the Middle Temple, where he took his degree 
of barrister in 1804. On the Northern Circuit and at the Manchester 
and Chester sessions he made his first attempts, and by degrees, for 
his progress was slow, satisfied the dispensers of business of his 
skill as an advocate, and of his painstaking zeal for his clients. His 
merits were so great, and his reputation for accuracy, ingenuity, and 
boldness became so well established, that in 1820 he was selected to 
assist Mr. Brougham and Mr. Denman in the defence of Queen Car- 
oline, in the course of which he fully confirmed the character he had 
obtained. This naturally made him a marked man ; but though it 



386 REIGN OF GEORGE III. 

CHAP. it or General, who is an admirable scholar, sent me four 
or five Greek epigrams of his own. I had a mind to 
thank each of them, and found I could do so with great 
ease to myself in ten hendaecasyllables. This led me 
to compose two trifles in the same metre on two favor- 
Increased his professional employment, it delayed his acquisition of 
professional rank. This, however, may perhaps be accounted for by 
his attacks upon Lord Chancellor Eldon in the House of Commons, 
of which he had been elected a member in 1823 as the representative 
of the cityof Lincoln. No sooner had parliament met than Mr. Will- 
Jams commenced that series of motions upon the delays in Chan- 
cery, which ultimately, after some years, led to a commission of in- 
quiry and the introduction of bills for reforming the proceedings in 
that court. These motions exhibited undoubtedly too much acerbity, 
and seemed to be dictated as much by personal as they certainly 
were by political feelings against Lord Eldon. In 1827 he attained 
a silk gown ; and on February 28, 1834, was advanced to the bench 
as a baron of the Exchequer, on the retirement of Mr. Baron Bayley. 
In the following term, however, changing places with Mr. Justice 
Parke, he took his seat in the Court of King's Bench, having received 
the accustomed honor of knighthood. During the whole of this period 
he never deserted his classical favorites ; contributing several arti- 
cles on the Greek Orators to the ' Edinburgh Review,' and translat- 
ing some of their best orations, one of which, that of Demosthenes' 
' For the Independence of Rhodes,' was published in the Appendix 
to the authorized edition of the Speeches of Lord Brougham, who 
had already shown his estimation of the writer, by dedicating to him 
his lordship's ' Dissertation on the Eloquence of the Ancients,' Sir 
John was also an adept in the turn of a Greek epigram, and Lord 
Tenterden speaks of several that he had written when Queen's so- 
licitor, speaking of him as 'an admirable scholar.' He afterwards 
published a collection under the title of ' Nugte Metric^.' He re- 
mained on the bench for a little less than thirteen years, when he 
died on Sept. 14, 1846, at his seat, Livermore Park near Bury St. 
Edmunds. At his outset in the judge's office he was ignorant of the 
minor details of practice, and many curious anecdotes are told of his 
perplexing counsel and attorney by refusing togrant orders of course, 
which involved some absurd and since disused fiction of law. He 
soon overcame this difficulty and became an excellent judge. With 
much eccentricity of manner, and a strong and decided way of ex- 
pressing his opinions, he was a great favorite, both with his brethren 
and the bar, from the cordiality and kindness of his nature. To the 
last he would spout Horace and Demosthenes by the hour if he could 
obtain an audience ; and there was nothing so annoyed him as to 
hear counsel perpetrate afalse quantity. He married Harriet Cath- 
erine, the daughter of Davies Davenport, Esq., of Capesthorne 
Hall, Macclesfield, for many years M.P. for Cheshire." Foss's 
Judgts of England. 



LIFE OF LORD TENTERDEN. 387 

ite flowers, and altervvards some others, now I think C .HAP. 

1-1 v , 

twelve verses in all, in different Horatian metres, and 
one, an Ovidian epistle, of which the subject is the 
Forget-me-Not. One of the earliest is an ode on the 
conservatory in the Alcaic metre, of which the last 
stanza contains the true cause and excuse of the whole, 
and this I will now transcribe : 

' Sit fabulosis fas mihi cantibus 
Lenire curas ! Sit mihi floribus 
Mulcere me fessum, senemque 
Carpere quos juvenis solebam. 1 

" You see I am now on my hobby, and you must be 
patient while 1 take a short ride. Another of the ear- 
liest is an ode in the Sapphic metre on the Convallaria 
Maialis, The Lily of the Valley. I am a great admirer 
of Linneeus, and my verses contain many allusions to 
his system, not, however, I trust quite so luscious as 
Darwin's Loves of the Plants, which, I believe, were 
soon forgotten. I have not seen the book for many 
years. I have one little ode written in the present year 
on a plant called the Linnasa Borealis, which, Sir J. 
Smith tells us, was anamegiven to it from its supposed 
resemblance to the obscurity of the early days of the 
great botanist. It is not common, and possesses no 
particular attraction. Smith says it has sometimes 
been found on the Scottish mountains, and I have a 
plant sent to me last spring by Dr. Williams. I will 
send you a copy of this also. You must give me credit 
for the botanical correctness of the first part ; of the 
rest you can judge, and you may criticise as much as 
you please. There are three other metres of Horace 
on which I should like to write something, but what, 
or when, I know not. It is now high time to quit this 
subject." 

I. " May it be right for me to lighten mycares with songs rich in 
myths ! May it be right for me to soothe my weariness with flowers, 
-and to enjoy in my old age what I was wont to enjoy in my youth." 



388 REIGN OF GEORGE III. 

C L!v P ' By the favor of the present Lord Tenterden, t have 
Specimens before me a copy of all the poems here referred to, and 

of Ins Latin * - f 

poems. several more which the Chief Justice afterwards com- 
posed to cheer his declining days. From these I select 
a few for the gratification of my readers. It should be 
known that botany had been taken up by the Chief 
Justice late in life as a scientific pursuit, and that this 
gave the new direction to his metrical compositions. 

DOMUS CONSERVATORIA. 

Haud nos, ut Urbem, Flora, per inclytam 
Olim Quirites, Te colimus Deam, 
Fictumve, coelatumve numen 
Marmoreis domibus locamus ', 

Quas impudicis cantibus ebria 
Xascivientum turba jocantium, 
Festis salutatura donis, 

Saltibus et strepitu revisat. 

Sed rure ameno Te vitrea excipit 
yEdes, remissis pervia solibus, 
Qua rideas imbres nivales 

Et gelidis hyemem sub Arctis. 

Secura jam non hospitio minus 
Nostro foveris, sub Jove candidum 

Quam si benigno Tu Tarentum, aut 
Niliacum coleres Syenem. 

Csecis pererrat tramitibus domum 
Ardor, quietis la:ta laboribus 
Servire, jucundoque curas 
Auxilio tenues levare. 

Ergo sub auris plurima non suis 
Ardentis Austri progenies viget. 
Neve Occidentales Eois 
Addere se socias recusant 

Herbaeve, floresve, aut patrium dolent 
Liquisse coelum, fervidus abstulit 
Si nauta, mercatorve prudens. 
Vel peregrina petens viator 

Misit colendas ; Gentibus exteris 
Spectandus hospes ; salvus ab .tstubus 
Uliginosis, nubibusque 
Lethifera gravidis arena. 



LIFE OF "LORD TENTERDEN. 389 

Non tale monstrum, naribus igneos CHAP. 

Spirans vapores, cessit Jasoni ; 
Nee tale donum saevientis 
Conjugis innocuam Creontis 

Natam perussit : nee vagus Hercules 
Tarn dira vicit, perdomuit licet 

Hydrasque, Centaurosque, clavo, et 
Semiferum validus Giganta. 

Sit fabulosis fas mihi cantibus 
Lenire curas ! Sit mihi floribus 
Mulcere me fessum, senemque 
Carpere quos juvenis solebam, 

Prid. Cal. Jan, 1828. 



GALANTHUS. 

Anni primitiae, Brumae Phoebique nivalis 

Pallida progenies, 
Frigoris atque gelu patiens quas caulibus albam 

Findis humum teneris, 
Seu proprium de lacte Tibi, potiusve cadente 

De nive nomen habes, 
Te juvenesque senesque hilares agnoscimus ultro 

Auspiciumque tuum. 
Tu monstras abituram hiemem, redituraque vernae 

Tempora Isetitias ; 
Tu Jovis aspectus mutari, et nigra.serenis 

Cedere fata mones ; 
Demittensque caput niveum, floresque pudicos 

Stipite de tereti, 
Nil altum moliri homines, sed sorte beatos 

Esse jubes humili ; 
Et tua blanditias juvenum nunc virgo suorum 

Accipit, ipsa lubens, 
Haud secus ac Zephyros si Sol Aurasque tepentes 

Duceret Oceano. 
Scilicet hyberno plantis quae tempore florent 

Vis genialis inest, 
Atque illis miros intus Natura colores 

Sufficit, alma parens, 
jEthere sub gelido pecudum licet atque ferarum 

Langueat omne genus, 
Et Cytherea tremens, pallaque informis agresti, 

Algeat ipsa Venus, 
Maternoque puer vix tendere debilis arcum 

De gremio valeat. 

Prid. Cal, Feb. 1829. 



39 REIGN OK GEORGE III. 

CHAP. 

LIV. 

CONVALLARIA MAIALIS. 

Quo pedes olim valuere, robur, 
Laetus et mentis juvenalis ardor, 
Si tuo, dulcis, redeunte curru, 
Maia redirent ; 

Quaererem inculti nemorosa ruris, 
Impiger densos penetrare valles, 
Qu& suos grata renovent sub umbra 
Lilia flores. 

Ducat haud fallax odor insolentem, 
Et loquax flatu nimis aura grato, 
Abditam frustra sobolem recessu 
Prodet avito. 

Conditus molli foliorum amictu, 
Dura tener ventos timet atque solem 
Fortior tandem gracili racemus 
Stipite surgit, 

Flosculis nutans oneratus albis ; 
Non ebur lucet, Pariumve marmor, 
Purius, nee quae decorat pruina 
Cana cupressos, 

Tails et pectus niveumque collum, 
Advena viso, pudibunda texit 
Insulae virgo, leviterque cymbam 4 
Littore trusit ; 

Voce sed leni facieque mota, 
Hospitem fido prius indicatum 
Somniis vati, magicas ad redes 
Nescia duxit ; 

Quae diu, patris comes exulantis, 
Vallium saltus coluit quietos, 
Laeta si nigros roseo ligaret 
Flore capillos ; 

Mox tamen tristi monitu parentis 
Territa, absentique timens, puella, 
Nobilis supplex, petere ipsa Regem 
Ausit et urbem. 

Otii lassum accipitrem canemque 
Seque captivum juvenem, querentis, 
Et lacusdulces, Elenamque molli 
Voce sonantis, 



LIFE OF LORD TENTERDEN. 39! 

Palluit cantus ; adiit trementem CHAP. 

Lene subsidens, generosus hospes, LIV, 

Simplici pluma, viridisque veste 
Notus, et ore. 

Et su, quern tua petis, hie in arce 
Regius jam nunc, ait, est Jacobus ; 
Virgini nunquam gravis invocanti, 
Mitle timores ; 

Te manent intus pater, atque patre 
Charior ; nudis Procerum capillis 
Coetus exspectat, poterisque opertum 
Noscere Regem ; 

Et vagi posthac Equitis pericla 
Forsan, et suaves Elenae loquelas 
Et levem vates memori phaselum 
Carmine dicet. 

Cal. Mali, 1828. 

I have only further to state, that the Chief Justice Present 
left not a splendid, but a competent fortune to his fam- tiv 
ily. He is now represented by his eldest son John, the justice. 
second Lord Tenterden, a most amiable and excellent 
man. As the title was worthily won, I trust that it 
may long endure, and that it may be as much respected 
as if he who first bore it had " come in with the CON- 
QUEROR." 



INDEX. 



Abbey, Battle, I. 45 

Abbot, Charles, Lord Colchester, V. 
ii 

Abbot, George, Archbishop of Can- 
terbury, I. 423 

Abbott, Charles, Lord Tenterden, V. 
251, 282 

Abdication, III. 146 

Abhorrers, III. 131 

Abingdon, Willoughby Bertie, fourth 
Earl of, IV. 510 

Abinger, James Scarlett, Lord, V. 89 

Abington, accomplice of Tilney, I. 309 

Aceldama, III. 72 

Act of Settlement, III. 180 

Act of Settlement, IV. 36 

Addington, Henry, Viscount Sid- 
mouth, V. 91 

Addison, Joseph, IV. i 

Adolphus, John, V. 319 

Agincourt, battle of, I. 179 

Aguesseau, Henri Franjois D', IV. 
103 

Aikins v. Hill, IV. 132 

Aix-la-Chapelle, treaty of, IV. 52 

Alsatia, II. 46 

Albemarle, George .Monk, Duke of, 
II. 177, 256 

Aldergate Street, III. 56 

Aldermanbury, I. 55 

Aldgate, I. 146 

Aldred, the Archbishop of York, I. 6 

Alexander, King of the Scots, I. 91 

Allen v. Hearn, IV. 138 

Allibone, Sir Richard, III. 94, 120, 
122 

All Souls College, Oxford, II. 45 

" All the talents," V. 154, 167 

Alnwick Castle, the seat of the Duke 
of Northumberland, I. 31 

Altham, Sir James, II. 226 

America, IV. 214, 256, 263, 264, 319, 
322 



Amiens, Treaty of, V. 139 
Anderson, Sir Edmund, Chief Justice 

of the Common Pleas, I. 312 
Annandale, Marquis of, IV. 9 
Anne Boleyn, Queen of Henry VIII., 

I. 240 

Anne of Cleves, I. 247 
Anne, Queen, III. 181, 235 
Anthon v. Fisher, IV. 128 
Appeal of murder, III. 257, 273 
Aragon, Katherine of, I. 229 
Aram, Eugene, V. 98 
Arbuthnot, John, III. 210 
Arches, Court of, III. 269 
Arches, Dean of, III. 269 
Argyle, John Campbell, second Duke 

of, III. 261 

Armada, Spanish, I. 298 
Armstrong, Benjamin, V. 99 
Arne, the composer, Dr., IV. 15 
Aronet, Marie Francis, IV. 5 
Arthur, Lord Capel, II. 237 
Arundel, Earl of, I. 298 
Arundel, Thomas, Archbishop of 

Canterbury, I. 145 
Asaph, Dean of St., IV. 444 
Ascham, Anthony, II. 218 
Ashburton, John Dunning, Lord, IV. 

231 

Ashby v. White, III. 195, 242 
Ashford, Mary, V. 133 
Ashford v. Thornton, V. 134 
Ashurst, Sir William Henry, IV. 99, 

349 

Assassination Plot, III. 159 
Assize, Grand, I. 40 
Assizes, I. 116 
Assizes, Bloody, III. 33, 71 
Aston, Richard, III. 98, 378 
Atcheson v. Everett, IV. 285 
Athol, John Murray, third Duke of, 

V. 137 
Atkins, John, case of, III. 205 

393 



394 



INDEX. 



Atkyns, Sir Robert, Chief Baron of 
Exchequer, II. 344; III. 88, 127, 271 

Attainder, bill of, II. 201 

Atterbury, Bishop, III. 405 

Atterbury, Francis, Bishop of Roch- 
ester, III. 239, 345 

Atticus, Titus Pomponius, II. 284 

Attorney-General, 1. 129, 374 

Audley, Thomas, Lord Chancellor, I. 
242 

Augusta, Princess of Saxe-Coburg, 
wife of Frederick, Prince of Wales, 

IV. 54 

Augusta Sophia, Princess, daughter 

of George III., V. 195 
Augustus, Frederick, Duke of York, 

V. 192 

Aula Regis, I. 3, 7, 98 
Aylesbury, Election Case, III. 242 

Babington, Anthony, I. 294 
Babington's Conspiracy, I. 309 
Bacon, Francis, I. 329, 330, 332, 342, 

355, 358; II. 68, 188 
Bacon, Roger, I. 63 
Bacon's Impeachment, I. 432 
Bacon, Sir Nicolas, I. 260, 290; III. 

198 

Bag, V. 39 

Baillie, Matthew, physician, V. 198 
Baldwin, Sir John, Chief Justice Com- 
mon Pleas, I. 249 
Baldwin, Thomas, I. 45 
Baliol, John, I. 95 
Balmerino, Arthur Ephinstone, Lord, 

III. 279 ; IV. 40, 41, 43, 45 
Baltimore, George Calvert, Lord, I. 

427 
Bambridge, case of, Warden of Fleet 

Prison, III. 255 
Banbury, Earl of, III. 170 
Bancroft, Richard, Archbishop of 

Canterbury, I. 380 
Banker's Case, III. 175 
Bankes, Sir John, II. 117, 135, 136 
Bank of England, IV. 301 
Barbrillon, French Ambassador in 

England, III. 75 
Barebone's Parliament, II. 223 
Barnes, lames, Deputy Warden of 

Fleet Prison, III. 253 
Barrow, Isaac, II. 34^ 
Basset, Philip, Chief Justiciar, I. 82, 

84 

Basset, Ralph, I. 25 
Bathurst, Henry, Bishop of Norwich, 

V. 279 
Bathurst, Henry, second Earl of, III. 

378, 39i 
Bathurst, Lord, IV. 219, 246, 263 



Bath, William Pulteney, Earl of, III. 

257 

Battle Abbey, I. 45 
Battle of Boyne, III. 97 
Battle, Trial by, I. 40; IV. 109 
liaxter, Richard, II, 317,345,370 
Bayeux Tapestry, I. 6 
Bayley, Sir John, V. 108, 314 
Baynard's Castle, I. 220 
Becket, Thomas a, I. 27, 33 
Beddingfield, Sir Henry, III. 105 
Bedford, John, Duke of, the third son 

of Henry IV., I. 194 
Bedford, John Russell, fourth Duke 

of, IV. 65 

Bedford Row, III. 197 
Bedloe, William, II. 389 
Beefsteak Club, IV. 140 
Belknappe, Sir Hamon, I. 162 
Belknappe, Sir Robert, Chief Justice 

of the Common Pleas, I. 156 
Bellasis, John, Lord, III. 138 
Benchers, I. 226 
Benefacta, Richard de, I. 18 
Benefit of Clergy, I. 268; II. 339 
Bentham, Jeremy, V. 112 
Bentley, Richard, III. 221,414 
Berenger, De, V. 202 
Berkeley, Harriet, Lady, III. 22 
Berkeley, Sir John, II. 122, 140 
Bernard, John, of Huntingdon, II. 

227 
Bertie, Willoughby, fourth Earl of 

Abingdon, IV. 510 
Best, Judge, V. 312 
Betterton, Thomas, IV. 3 
Bexley, Nicholas Vansittart, Lord, 

V. 344 

Bexwell v. Christie. IV. 123 
Bible, Cambridge, II. 371 
Bigby, Sir Everard, I. 323 
Bigod, Hugh, I, 13, 78 
Bigod, Roger, Earl of Norfolk, I. 

78 

Billing, Sir Thomas, I. 203 
Bill of Rights, III. 149 
Bills of Attainder, II. 201; IV. 267 
Bills of Exchange and Promissory 

Notes, IV. 120 
Black Friars. I. 74 
Black-letter, I. 330 
Black-rod, IV. 298 
Blackstone, Sir William, II. 361; III. 

373; IV. 70, 99, 156 
Blake, III. 126 

Blanc, Simon Le, IV. 502; V. 25 
Blenheim, III. 274 
Blesard v. Herst, IV. 121 
Blois, Peter de, I. 36 
Bloody Assizes, III. 33, 71 



INDEX. 



395 



Blount, Sir Christopher, I. 316 
Blundell v. Catterall, V. 322, 326 
Blundell, Viscount, III. 26.4 
Blunt, Sir Christopher, 1. 316 
Bly, Sarah, III. 276 
Boileau-Despreaux, Nicholas, French 

poet, V. 272 
Boleyn, Anne, Queen of Henry VIII., 

I. 240 

Bolingbroke, Henry of, I. 165 

Bolingbroke, Henry St. John, Vis- 
count, II. 227; III. 257; IV. 29 

Bonham's, Dr., Case, I. 404 

Booth, Henry, Lord Delamere, III. 
82. 

Bossuet, James, IV. 5 

Boswell, James, III. 399 

Bowes, Mr., III. 300 

Bowles, William, English poet, V. 
265 

Boyd, William, fourth Earl of Kil- 
marnock. III. 279 

Boyne, battle of, III. 97 

Brabac;on, Roger le, I. 116 

Bracton, Henry de, I. 37, 75, 87; V. 

133 
Bradshaw, Lord President, II. 229, 

232 

Brady, Robert, III. 81 
Brambre, Sir Nicholas, I. 146, 150 
Brampston, Sir John, Chief Justice, 

II. 112 

Brause, William de, I. 58 

Breda, Declaration of, II. 251 

Brick Court, Middle Temple Lane, IV. 

416 
Bridgeman, Sir Orlando, II. 248, 250, 

319, 347; III. 352 

Brocklesby, Richard, English physi- 
cian, IV. 383 

Brodie, Sir Benjamin Collins, V. 371 
Bromley, Sir Thomas, I. 256, 275, 

304 
Bromley, Sir Thomas, an English 

judge, I. 295 

Brougham, Henry, Baron, IV. 368 
Brown, reporter, IV. 457 
Brown, Sir Anthony, I. 265 
Bruce, Robert, I. 90, 92, 119 
Brus, Robert de, I. 87, 90, 92 
Brydges, Sir Egerton, V. 254, 338 
Buckingham, Duke of, I. 211, 227, 400; 

II. 18 
Buller, Francis, Justice, III. 427; IV. 

348, 461; V. 278 
Buller, Sir Edward, IV. loo 
Buonaparte, Napoleon, V. 147 
Burdett v. Abbott, III. 45; V. 126 
Burdett, Sir Francis, Bart., I. 209 
Burdett, Sir Thomas, I. 209 



Burgess, Thomas, English prelate. 

V. 263 

Burgess v. Wheat, IV. 167 
Burgh, Hubert, Earl of Kent, I. 62, 

65 
Burghley, William Cecil, Lord, I. 292, 

360 

Burgoyne, John, Lieut. -Gen., IV. 272 
Burke, Edmund, IV. 171; V. 45, 50, 

75 

" Burking," V. 354 
Burnel, Robert, Bishop of Bath and 

Wells, I. 119 
Burnet, Gilbert, Bishop of Salisbury, 

II. 307; III. 28 

Burnet, James, Lord Monboddo, IV. 
401 

Burnet, Sir Thomas, IV. 139 

Burney, Miss Frances, V. 66 

Burrough, Sir James, Judge, V. 305 

Burrow, Sir James, III. 220, 292 

Burrow, Sir James, IV. 157, 206 

Burton, Henry, II. 195 

Bury St. Edmunds, I. 72 

Bury St. Edmunds, trial for witch- 
craft, II. 338 

Bury, Thomas, Judge, III. 185 

Butcher Row, III. 51 

Bute, John Stuart, third Earl of, IV. 
198, 204 

Butler, James, first Duke of Ormond, 

III. 79 

Buxton v. Mingay, III. 357 
Byng, John, British admiral, IV. 82. 
183 

Cabal, II. 322 

Caesar, Sir Julius, II. 61 

Calamy, Edmund, III. 204 

Caldecott, Thomas, lawyer, V. 234 

Calvert, George, Lord Baltimore, I. 

427 

Cambridge Bible, II. 371 
Carnden, Earl, Charles Pratt, I. 177 
Camden, Lord, III. 217, 287, 372; IV. 

224, 240, 243, 261, 275, 369, 395 
Campbell, Archibald, Earl of Islay, 

IV. 81 

Campbell v. Hall, IV. 124 

Campbell, John, Duke of Argyle, III. 

261 
Campion, Edmund, English Jesuit, 

I. 290 

Canning, Elizabeth, case of, III. 357 
Canning, George, V. 341 
Canterbury, Archbishop of, Morton, 

I. 198 

Canterbury, St. Thomas of, I. 33 
Capel, Arthur, Lord. II. 237 
Capel, Sir Henry, III. 124 



396 



INDEX. 



Cardinal Wolsey, I. 228 

Carilefo, William de, I. 19 

Carisbrook Castle, II. 147 

Carleton, Sir Dudley, II. 2 

Carlisle, IV. 40 

Carlisle, Frederick Howard, fifth 
Earl of, IV. 517 

Caroline, Princess of Wales, investi- 
gation of, V. 181 

Carr v. Hood, V. 131 

Carr, Robert, Earl of Somerset, I. 391 

Carr, Sir John, a writer of travels, 
V. 128 

" Carried off the verdict," V. 4 

Carters. Boehm, IV. 119 

Carteret, John, Earl of Granville, 
III. 301, 350 

Cartwright, Thomas, Bishop of Ches- 
ter, III. 107 

Case of Commendams, I. 395 

Case of Postnati, I. 378; II. 34 

Case, Peacham's, I. 389 

Castell, Robert, III. 255 

Castle Acre Estate, I. 349 

Castle Kenilworth, I. 80 

Castle of Devizes, I. 73 

Castle of Fotheringay, I. 296 

Casilemain, Roger Palmer, Earl of, 
II. 391 

Catesby. Robert, an English Roman 
Catholic, I. 323 

Catherine Howard, fifth wife of 
Henry VIII., I. 248 

Catholic Emancipation, V. 8, 350 

Catholic Relief Bill, V. 354 

Catlyne. Sir Robert, Chief Justice of 
the King's Bench, I. 182, 278 

Cato Street Conspiracy, V. 332 

Cavaliers, II. 145 

Cave, Edward, III. 263 

Cavendish, George, I. 232 

Cavendish, John, Lord, IV. 325 

Cavendish, Sir John de, I. 136 

Cavendish, Sir William, I. 233 

Cecil, Robert, Earl of Salisbury, I. 

330, 359. 374 

Cecil, Thomas, Earl of Exeter, I. 359 
Cecil, William, Lord Burghley, 1. 292 
Csdric, the Saxon, II. 77 
Cellar, Cider, III. 133 
Cellier. Elizabeth, II. 393 
Chamberlain v, Williamson, V. 122 
Chambers v. Caulfield, V. 116 
Chambre, Alan, Judge, V. 299 
Chancery Lane, III. 305 
Chapter, II. 328 
Charing Cross, I. 146 
Charles I., II. 164, 206, 2:6, 231, 236, 

287 
Charles II., II. 225, 307; III. 32 



Charles XII., King of Sweden, IV. 

390 

Charles Edward Stuart, III. 280; 
IV. 38 

Charleton, De, Sir Robert, I. 163 

Charnock, Robert, III. 164 

Charters of the City of London, III. 
23, 58, 60, 142 

Charters of the Forest, I. 70 

Chartists, IV. 293 

Chatham, Earl of, III. 352, 376, 423; 
IV. 30, 72, 78, 79, 200, 221, 225, 
226, 240, 395 

Cheapside, I. 206 

Chernock, Robert, III. 164 

Chester, III. 80 

Chester, Hugh, Earl of, I. II 

Chesterfield, Philip Dormer Stan- 
hope, fourth Earl of, IV. 78 

Cheyne, Sir William, I. 197 

Chief Justice Hankford, I. 186 

Chief Justice Hody, I. 186 

Chief Justice of the Common Pleas, 

I. 163 

Chiffinch, William, II. 382 
Cholmley, Sir Roger, I. 256 
Chudleigh, Elizabeth, Duchess of 

Kingston, IV. 265 
Church Attendance, III. 158 
Church, Bow, steeple of, IV. 129 
Churchill, Charles, English poet, V. 

276 
Churchill, John, Duke of Marl- 

borough, IV. 94 
Church of St. Andrews, Holborn, I. 

341 
Church of St. Margaret, Westmin- 

ster, II. 180 

Church of St. Mary-le-Bow, I. 56 
Cibber, Colley, IV. 15 
Gibber, Mrs., IV. 16 
Cicero, IV. 497 
Cinque Ports, I. 79 
Citation, I. 379 

Clanricarde, Marquess of, I. 66 
Clarence, Duke of, George Plantaga- 

net, I. 216 

Clarendon, Constitutions of, I. 28 
Clarendon, Edward Hyde, Earl of, 

II. 258, 259, 262, 316, 346 
Clarendon, Henry Hyde, second Earl 

of, III. 208 

Charges, Sir Thomas, III. 125 
Clement Inn, III. 50. 
Clergy, Benefit of, I. 268 
Clerk, Chief, of Court of King's 

Bench, III. 209 

Clerk, John, Lord Eldin, II. in 
Cleveland, Barbara Villiers, Duchess 

of, II. 262 



INDEX. 



397 



Clevcs, Anne of, I. 247 

Clifford, IV. 505 

Clinton, Geoffrey de, I. 26 

Clive, Catherine, IV. 3 

Clive, Mrs., IV. 15 

Cobbett, William, IV. 412 

Cochrane, Sir Alexander Forrester 

Inglis, V. 202 
Cochrane, Thomas, Earl of Dundo- 

nald, V. 200 
Cockell, Serjeant, V. 89 
Cock-fighting, V. 124 
Code of Justinian, II. 323 
Coggs v. Bernard, III. 135, 154, 243 
Coif, I. 108; IV. 89 
Coke, Clement, II. 43 
Coke, Robert, I. 341 
Coke, Roger, II. 43 
Coke, Sir Edward, I. 318, 330, 337, 

339! II. 54; III. 426 
Coke, Thomas, II. 43 
Colbatch, John, D.D., III. 222 
Colchester, Charles, Abbot, Lord, V, 

ii, 282 

Colchester, Lady, V. 249 
Coleman, trial of, II. 386 
Collar of S.S., I. 408 
Comines, Philip de, IV. 5 
Commendams, case of, I. 395 
Commentaries of Blackstone, II. 361; 

IV. 71 
Commission, High, Court of, III. 

91 

Commitments of the Houses of Par- 
liament, III. 189, 195 

Common Pleas, Court of, I. 99 

Comprehension Bill, II. 319 

Comyns, Sir John, Chief Baron, III. 
265 

Constitutions of Clarendon, I. 28 

Conventicle Act, II. 270 

Convention Parliament, II. 178; III. 
41, 45, 124, 126, 146 

Cony, George, II. 159 

Cooke, Secretary, II. 16 

Cooke, Sir John, I. 212 

Cooke, Sir Thomas, I. 201 

Cooper, Anthony Ashley, Earl of 
Shaftesbury, II. 313 

Copley, John Singleton, Lord Lynd- 
hurst, V. 93 

Copy, IV. 146 

Copyright, IV. 146 

Corbet!, Deputy Warden of the Fleet, 

III. 255 

Corbett v. Poelnitz, IV. 166 
Cornish, Alderman, III. 85, 162 
Cornu v. Blackburn, IV. 127 
Cornwallis, Charles, first Marquis, 

IV. 319 



Corporation Act, V. 348 
Coulson v. Coulson, IV. 155 
Council of Lateran, I. 52 
Council of the North, I. 383 
Council of Tours, I. 52 
Counties palatine, V. 38 
Court, Inns of, I. 100 
Court of Arches, III. 269 
Court of Common Pleas, I. 99 
Court of High Commission, III. 91 
Court of King's Bench, I. 99 
Court of Quarter Sessions, I. 130 
Court of Requests, II. 62 
Court of Wards, II. 50 
Coutance, Geoffrey de, I. 13 
Covent Garden, IV. 140 
Coventry, Lord Chancellor, II. 104 
Coventry, Thomas Coventry, Baron 

of, I. 375 

Cowan, case of, V. 322 
Cowell, John, II. 31 
Cowper, Henry, IV. 116 
Cowper, Lord Keeper, III. 195 
Cowper, William, poet, III. 215; IV. 

306 

Cox, reporter, IV. 457 
Coxe, William, historian, V. 24 
Craig, Thomas, III. 425 
Cranfield, Lionel, Earl of Middlesex, 

II. 6 

Craven's Case, Lord, II. 290 
Cresci, I. 129 
Crespiny, Walter de, I. 61 
Crewe, Baron of Stene, II. 75 
Crewe, Chief Justice, II. 74 
Crewe, Sir Thomas, II. 75 
Croke, Judge, II. 115 
Croke, Sir John, II. 330 
Cromarty, Lord, IV. 40, 44 
Cromwell, Oliver, II. 149, 153, 157, 

167, 226, 227, 235, 241, 244, 293, 294, 

299, 301, 308; III. 126 
Cromwell, Richard, II. 223, 302 
Cromwell's head, II. 245 
Cromwell, Thomas, Earl of Essex, I. 

233 

Crook, I. 364 
Crook, John, II. 254 
Crown Tavern in Cheapside, I. 207 
Crusade, I. 46 
Cullender, Rose, II. 340 
Cumberland, Duke of, IV. 54 
Cumberland, Henry, Dukeof, brother 

of George III., IV. 144 
Cumberland, Richard, IV. 346 
Cumberland, William Augustus, 

Duke of, III. 278 
Curia Regis, i. 3 
Curl, Edmund, III. 243 
Curran, John Philpot, V. 316 



393 



INDEX. 



Curthose, Robert, Duke of Nor- 
mandy, I. 13 
Cuthbert, St., I. 21 

Dacosta v. Jones, IV. 142 
Dallas, V. 75. 
Dallas, Robert, V. 48 
Dampier, Henry, Judge, V. 109 
Danby, Earl of, II. 375; III. II, 137 
Dangerfield, Thomas, II. 392 
Danish Fleet, restoration of, V. 169 
D'Arblay, Madame, V. 66 
Darnell, Serjeant, III. 256 
Daruel, Sir Thomas, II. 81, 113, 

I2S 

Davenport, Serjeant, IV. 423 
David, Prince of Wales, I. no 
Davison, William, an English states- 
man, I. 296 

Dayrell, Sir Richard, I. 325 
Dean of Arches, III. 269 
Dean of St. Asaph, IV. 332, 443 
Dean's Yard, III. 411 
Debi Sing's Case, V. 56 
Declaration of Breda, II. 251 
Declaration of Indulgence, III. 74, 

no 

Declaration of Rights, III. 149 
Decks v. Strutt, IV. 132, 479 
Deering, Sir Edward, II. 204 
DeGroot, Hugo, II. 138 
Delamere, Henry Booth, Lord, III. 

82 

Delaval, Sir Francis Blake, IV. 143 
" Delicate Investigation," V. 181 
Demosthenes, III. 419 
Denham, Sir John, an English poet, 

IV. 31 
Denison, Sir Thomas, Judge, III. 370; 

IV. 97 

Denny, the Reverend Mr., I. 346 
Derby, Charles Stanley, eighth Earl 

of, IV. 411 
Derby, James Stanley, seventh Earl 

of, IV. 411 

Desertion, III. 106, 144 
Desertion of the Throne, III. 146 
Desertion, punishment for, III. 93 
Despard, Edward Marcus, V. 144 
Despencer, Hugh le, I. 81 
Despencer, Robert le, I. 81 
De Vere, II. 79 
De Vere, the favorite of Richard II., 

I. 140 
Devereux, Robert, Earl of Essex, I. 

61, 313 

Devil Tavern, IV. 3 
Devizes, Castle of, I. 25, 73 
Dictum of Kenilworth, I. 85 
Diggs, Sir Dudley, I. 431 



Dispensing power, III. 39, 80 

Dodd, William, English clergyman, 

IV. 175 

Doddridge, Sir John, II. 57 
Doderidge, Sir John, II. 57 
Doe v. Barthwistle, V. 336 
Doe v. Hilder, V. 336 
Doe dem. Bristow v, Pigge, IV. 479 
Doe dem. Hodsden v. Staple, IV. 

479 
Doe ex dem. Taylor v. Horde, IV. 

392 

Don Pantaleon Sa. II. 152 
Dorislaus, Isaac, II. 218 
Dorset, Edward Sackville, Earl of, 

II. 108 
Douglas, Sylvester, Lord Glenbervie, 

IV. 116 
Douglas, William, fourth Duke of 

Queensberry and Earl of March, 

IV. 136 

Dower of Forfeiture, IV. 112 
Drinkwater v. Royal Exchange, III. 

383 

Drury Lane, III. 246 

Drury Lane Theatre, III. 271 

Dublin, III. 300 

Dudley, John, Duke of Northumber- 
land, I. 252 

Dudley, Robert, Earl of Leicester, I. 
257 

Dudley, Sir Edmund, IV. 439 

Dudley, Sir Robert, II. 191. 

Duelling, III. 246 

Duels, Irish, III. 302 

Dugdale, Sir William, II. 378 

Dundas, Henry, Viscount Melville, 

V. 165 

Dundonald, Thomas Cochrane, Earl 

of, V. 200 
Dunk, George Montague, fifth Earl 

of Halifax, III. 389 
Dunkirk House, II. 262 
Dunning, John, Lord Ashburton, IV. 

100, 231, 419, 420, 434 
Duny, Amy, II. 340, 351 
Durent, William, II. 340 
Durham, Church of, I. 2O 
Durham, Hugh Pusar, Bishop of, I. 

51' 

Durham, Simeon of, I. to 
Dyer, Richard, I. 258 
Dyer, Sir Edward, I. 257 
Dyer, Sir James, I. 256; II. 33 

Earldoms of Mansfield, IV. 269 
East, V. 114 
Easter Term, I. 225 
East India Company v. Sandys, III. 
140 



INDEX. 



399 



East, Sir Edward Hyde, IV. 116 

Ecclesiastical Court of High Commis- 
sion, III. no 

Edgar Atheling, I. 7 

Edinburgh, bill fordisfranchising, IV. 
II 

Edric the Wild, I. 16 

Edward I., I. 98, 117 

Edward III., I. 125, 200 

Edward IV., I. 198, 200, 2O2, 203, 211, 
212, 214 

Edward VI., I. 252 

Edward a son of the Queen of Bohe- 
mia, II. 219 

Edward, Duke of Kent, father of 
Victoria, Queen of Great Britain, 

V. 193 

Edward, Prince of Wales, I. 214 
Edward the Confessor, I. 5, 16 
Egerton, Sir Thomas, I. 350, 355 
Egerton, Thomas, Lord Ellesmere, I. 

307 

Eikon Basilike, II. 2 
Eldin, John Clerk, Lord, II. in 
Eldon, John Scott, Earl of, III. 268; 

IV. 96, 450; V. 103, 340 
Eleanor, Queen, I. 27, 35 
Election Cases, III. 181 
Elegits, III. 5 
Elibank, Lord, IV. 44 
Eliot, Sir John, II. 2, 16, 24, 130 
Elizabeth, Queen, I. 265 
Ellenborough, Edward Law, first Earl 

of, V. 448 
Ellenborough, Chief Justice, III. 45; 

IV. 371; V. 20 

Ellenborough, village of, V. 106 
Ellesmere, Lord Chancellor, I. 394 
Ellesmere, Thomas Egerton, Lord, I. 

307 

Elliot, Gilbert, IV. 12 
Ely House, I. 244 
Elyot, Sir Thomas, I. 180 
Empson, Sir Edmund, IV. 439 
Eon, Chevalier D', IV. 138 
Epiphany, I. 21 
Equity, II. 326 
Erskine, I. 345; III. 45, 168; IV. too, 

317, 432; V. 45, 76 
Erskine, John, eleventh Earl of Mar, 

III. 404 

Essex, Cromwell, Earl of, I. 346 
Essex, Robert Devereux, Earl of, I. 61 
Essex, Robert Devereux, second Earl 

of, I. 313, 357 
Essex Street, I. 314 
Essex, Thomas Cromwell, Earl of, I. 

233 
Estraigne, Charles Hector, Count D', 

IV. 118 



Estrange, Sir Roger L', II. 109 

Eudo Dapifer, 1. 17 

Eustace, Count of Boulogne, I. 13 

Evidence, law of, IV. 150 

Exclusion Bill, II. 395 

Exeter College, Oxford, I. 139 

Exeter, Thomas Cecil, Earl of, I. 359 

Eyre, James, IV. 485 

Eyre, Serjeant, III. 256; IV. 16 

Eyre, Sir Robert, III. 212 

Fabrigas v. Mostyn, IV. 128 

Fairfax, Lord General, II. 217 

Family Compact, IV. 200 

Farnham Castle, I. 65 

Fauconberg, Eustace de, I. 61 

Fawcet, IV. 58, Gi 

Fawkes, Guy, I. 321, 369 

Fazakerley, Nicholas, IV. 335 

Fearne, Charles, IV. 157 

Fee, II. 368 

Felo de se, I. 196 

Fenwick, Sir John, III. 46 

Fergusson, V. 85 

Fielding, Henry, V. 27 

Fiennes, William, Viscount Say, II. 

116 

Fife, Duncan, Earl of, I. 31 
Filmer, Sir Robert, III. 81 
Finch, Elizabeth, Lady, IV. 19 
Finch, Heneage, Earl of Nottingham, 

III. 32, 61, 86, 113; IV. 186 
Finch, Heneage, the first Earl of Not- 
tingham, II. 199, 372 
Finch, John, Lord, II. 19 
Finch, Sir John, II. 24 
Fines, II. 37 
Fineux, Sir John, I. 224 
Fisher, Bishop of Rochester, I. 234 
Fitzadeline, William, I. 66 
Fitz-Ailwin, Henry, I. 55 
Fitzharris, Edward, III. 14 
Fitzjames, Sir John, Chief Justice, I. 

226, 242 

Fitz-Osbert, Richard, I. 55 
Fitz-Osbert, William, I. 54 
Fitz-Osborne, William, I. 7, 16 
Fitzpeter Geoffrey, I. 58 
Fitzroy, Augustus Henry, Duke of 

Grafton, III. 377 
Fitzroy, James, Duke of Monmouth, 

III. 72 

Five-mile Act, II. 320 
Flambard, Ralph, I. 21 
Flaxman John, English sculptor, IV. 

366 

Fleet-Marriages, III. 408 
Fleet Prison, II. 99: III. 252 
Fleet, rules of III. 8 
Fleet Street, III. 258 






4<X> 



INDEX. 



Fleming, Thomas, Chief Justice, I. 

329, 356 
Fletcher, Grantley, Lord Norton, IV. 

251 

Floud, Edward, II. 70 
Flower's, Benjamin, case, IV. 504 
Floyd, Edward, II. 70, 98 
Foley, Lord, III. 416 
Forstalling, III. 157 
Fortescue, Sir John, I. 215 
Fortescue, Sir John, the Chancellor of 

the Exchequer, I. 198, 353 
Fortescue, William, Master of the 

Rolls, III. 244 
Fosset, Mr., IV. 377 
Foster, Sir Michael, Judge, III. 370 
Foster, Sir Robert, Chief Justice, II. 

249; IV. 97 

Foster, Sir Thomas, Knt., II. 257 
Foundling Hospital, V. 373 
Fox, Charles, IV. 323, 439, 448, 454; 

V. 45. ML i67 
Fox, Henry, first Lord Holland, IV. 

72, 78, 185 

Fox's Libel Bill, IV. 469 
Franklin, Benjamin, IV. 256 
Fraser, Simon, Lord Lovat, III. 264 
Frederick II., King of Prussia, com- 

modly called the Great, IV 67 
Frederick, Prince of Wales, III. 318; 

IV. 53 

Free Grammar School. III. 343 
French v. Woolston, IV. 164 
French Revolution, IV. 361 
Friend, Sir John, II. 49; III. 166 
Frost's Case, IV. 482 
Fuffetius, Mettius, case of, V. 68 
Fulthrope, Sir William, I. 178 
Fuseli or Fuessli, Henry, IV. 526 

Gad's Hill, I. 302 
Gardiner, Stephen, Bishop, I. 255 
Garnet, Henry, a Jesuit, I. 322 
Garrick, David, an English actor, 

HI- 335, 3&3 

Garrow, William, Judge, IV. 499 
Garter King at Arms, II. 378 
Garter, Order of, II. 378 
Gascoigne, Sir William, Chief Justice, 

I. 171, 172, 194 
Gaselee, Sir Stephen, Justice of the 

Court of Common Pleas, V. 235 
Gaunt, Elizabeth, III. 73- 5. i&2 
Gaunt, John of, I. 141 
Gay, John, English poet, III. 2IO 
Geoffrey, Bishop of Coutance, I. 9, 17 
Geoffrey, Bishop of Lincoln, I. 30 
George I., III. 235 
George II., IV. 194, 198,478; V. 7, 

245 



George III., insanity of, IV. 465; V. 
191 

George IV., V. 217 

Gibbon Edward, IV. 5. 

Gibbs, Sir Vicary, V. 25, 170, 214, 309 

Gibraltar, V. 264 

Giffard, Robert, Baron Saint Leon- 
ards, V. 309 

Gil Bias, III. 408 

Glanvil, Sir John, II. 277 

Glanville, Ranulfus de, I. 29 

Glenbervie, Sylvester Douglas, IV. 
116 

Glencoe Massacre, IV. 272 

Glendower or Glendwr, I. 171 

Globe Theatre, I. 345 

Gloucester, Duke of, Thomas, I. 145 

Glyn, John, Chief Justice, II. 160, 162 

Glyn, Serjeant, IV. 240 

Godfrey, Sir Edmundbury II. 384 

Godolphin, Lord, III. 212 

Goodman v. Harvey, V. 338 

Gordon, George, Lord, IV. 282, 429; 
IV. 318 

Gordon Riots, IV. 282 

Gould, Judge, III. 159 

Gould, Sir Henry, III. 359 

Gower, Mr., III. 246 

Gowrie, John Ruthven, Earl of, III. 

39 6 

Grafton, Augustus Henry Fitzroy, 
Duke of, III. 377 

Grafton, Duke of, IV. 247 

Graham, James, third Duke of Mont- 
rose, V. 198 

Grand Assize, I. 40 

Grant, Sir William, IV. 460 

Granville, John Carteret, Earl of, III. 
301 

Gray-Friars, I. 153 

Gray's Inn, I. 173 

Gray's Inn Lane, I. 173 

Great Charter, I. (>7 

Green T, Brown, III. 278 

Green, Sir Henry, I. 135 

Gregory VII., Hildebrand, I. II 

Grentmelsni, Hugh de, I. 13 

Grenville, George, IV. 39, 205, 215 

Grenville, Lord, V. 141 

Grenville, Sir John, II. 307 

Gretna Green, III. 4<>S 

Grey de Groby, Lord, II. 235 

Grey de \Verke, Lord, III. 22, 63 

Grey, Earl, V. 152, 353 

Grey, Lady Jane, I. 253 

Grey, Richard de, I. 79 

Grey, William de, Judge, IV. 207 

Grimston, Sir Harbottle, I. 277 ; II. 
311 

Grose, Sir Nash, IV. 100 



INDEX. 



4O1 



Grosvenor, Earl of, v. His Royal 

Highness the Duke of Cumberland, 

IV. 144 
Grosvenor, Richard, first Earl of, IV. 

144 

Grotius, Hugo, II. 138 
Gryffith, Rees ap, I. 44 
Guildford, Frederick North, Earl of, 

IV. 219 

Guildhall, I. 144 
Guilford, Lord Keeper, II. 331 ; III. 

9, 76, 100, 102 
Guiscard, Robert, Norman soldier, I. 

10 

Gundulph, Bishop of Rochester, I. 8 
Gunness-bury, II. no 
Gunpowder treason, I. 369 
Guy Fawkes, I. 321, 369 
Guy, Henry, II. 380 

Habeas Corpus Act, III. 310; IV. 39 
Habeas Corpus Amendment Bill, IV. 

194 

Hacker, Francis, regicide, II. 264 
Hale, Sir Matthew, II. 161 ; III. 

134; Chief Justice, II. 273 
Halfhide v. penning, IV. 459 
Halford, Sir Henry V., 194, 370 
Halifax, George Montague Dunk, 

fifth Earl of, III. 389 
Halifax, George Savile or Saville, 

Marquis of, II. 399 
Halloway, Judge, III. 125 
Hall's Chronicle, I. 182 
Hamilton v. Davis, IV. 133 
Hamilton, Duke of, II. 236, 289 
Hampden, John, II. 115, 164 
Hampden, Sir Edmund, II. Si 
Hankford, Sir William, Chief Justice 

of the King's Bench, I. 186, 195 
Hannah Moore. II. 366 
Hanover, IV. 36 
Hanoverian troops in British pay, IV. 

32 

Harcourt, Simon, Lord, IV. 369 
Hardwicke, Philip York, Earl of. III. 

237 ; III. 266, 275, 349, 351, 392, IV. 

20 

Hardy, Thomas, III. 168 
Hargrave, Francis, IV. 422 
Harold II., son of Godwine, I. 5, 

:6 

Harrison, Thomas, Rev., II. 117 
Harrowby, Lord, IV. 333 
Haslerig, Sir Arthur, II. 205 
Hastings, Marquis of, IV. 473 
Hastings, Warren, IV. 467 ; V. 43 
Hatton, Lady, I. 359 
Hatton, Lady, second wife of Sir Ed- 
ward Coke, I. 340 ; II. 42 



Hatton, Sir Christopher, Lord Chan- 
cellor of England, I. 258. 295, 308. 
350 

Hawe, Walter, I. 312 

Hawkes v. Saunders, IV. 132 

Hawkins, Sir John, IV. 303 

Haycraft v. Creasy, IV. 527 

Hayley, William, poet, IV. 359 

Hazlerig, II. 164 

Heath, Sir Robert, Chief Justice cf 
England, II. 124, 126, 213; V. 301 

Henderland, Lord, 356 

Hengam, Ralph de, I. 101 

Henley, Robert, first Earl of North- 
ington, III. 353; IV. loo, 189 

Henry I., I. 26 

Henry II., I. 26, 33 

Henry IV., I. 165, 170, 176, 213 

Henry IV., King of France, IV. 286 

Henry V., I. 179, 186 

Henry VI., I. 200, 202, 206, 214 

Henry VII., I. 221, 223, 227 

Henry VIII., I. 227 

Henry Cornish, Alderman, III. 73 

Hensey, Dr., case of, IV. 195 

Herald's College, I. 287 

Herbert, Admiral, Earl of Torring- 
ton, III. 99 

Herbert, Attorney-General, II. 200 

Herbert, Sir Edward, II. 210; III. 77, 
143 

Herbert, William, Earl of Powis, 
III. 138 

Herford, Earl of, I. 19 

Herluin, a Norman knight, I. 5 

Herne, II. 285 

Hessian soldiers, IV. 32 

Hewitt, James, Viscount Lifford, IV. 
98 

Heylyn v. Adamson, IV. 121 

Hickford, Robert, I. 284 

High Commission, Court of. I. 379 

High Treason, III. 314 

Hilary Term, I. 225 

Hill, George, serjeant-at-law, IV. 386 

Histrio-Hastyx, II. 105 

Hobart, Sir Henry, Attorney-Gen- 
eral, II. 66 

Hodgson v. Scarlett, V. 132 

Hody, Sir John, I. 186, 197 

Holborn, I. 244; IV. 303 

Holborne, II. 202 

Holland, Earl of, II. 237 

Holland, George Calvert, V. 370 

Holland, Henry Fox, Earl of, IV. 72, 
78, 185, 439 

Holland, third Earl of, V. 158, 179 

Hnllis, II. 164 

Hollis, Denzil, II. 25 

Hollis, Lord, II. 167 



4O2 



INDEX. 



Holloway, Justice, III. 122 
Holloway, Richard, Judge, III. 119 
Holroyd, George Sowley, Judge, V. 

no, 314 
Holt, Sir John, Chief Justice, III. 

93, 129, 159 

Holt, Sir Thomas, III. 130 
Home, John, IV. 393 
Hone, William, V. 209 
Honorarium, II. 368 
Hood, Samuel, Viscount, IV. 449 
Horace's Ode to Venus, IV. 14 
Horatio, Viscount Nelson, V. 142 
Home, IV. 67 
Hostilius, Tullus. V. 63 
Hottentot Venus, case of, V. 120 
Hough, Dr., III. 107 
House of Commons, reformed model, 

II. 223 
Howard, Catherine, fifth wife of 

Henry VIII., I. 248 
Howard, Frederick, fifth Earl of Car- 

lisle, IV. 517 

Howard, House of, I. 77, 123 
Howard, Sir Robert, I 124 
Howard, Sir William, I. 122 
Howard, Thomas, Duke of Norfolk, 

I. 251 

Howard, Thomas, Earl of Suffolk, I. 

422 
Howard, Thomas, fourth Duke of 

Norfolk, I. 272 
Howick, Lord. V. 152 
Hubert de Burgh. I. 63 
Hubert, Walter, I. 54 
Huggins, John, Warden of Fleet 

Prison, III. 253 
Hume, David, IV. 9 
Hunt. Leigh, V. 176 
Hunter, Mr. Schoolmaster, III. 361 
Huntingdon, John Bernard of, II. 

227 

Huntingdon, Henry of, I. 8 
Hurd, Richard, Bishop, IV. 402 
Hussey, Sir John, I. 217 
Hutton, Judge. II. 115 
Hyde, Edward, Earl of Clarendon, 

II. 3'6 

Hyde, Henry, second Earl of Claren- 

don, III. 208 
Hyde, Lawrence, II. 258 
Hyde, Lawrence, first Earl of Roch- 

ester, HI. 75 
Hyde, Sir Nicholas, Chief Justice, II. 

82, 88, 258 
Hyde, Sir Robert, Chief Justice, II. 



Impey, Sir Elijah, IV. 456 
Impositions, case of, I. 333 



Impressment, III. 308 

Imprisonment for Debt, V. 230 

Independents, II. 168 

India Bill, IV. 325 

Indulgence, Declaration of, III. 74, 

no 

Infidels, III. 140 
Inns of Court, I. too 
Insanity of George III., V. 191 
Institutes, II. 323 
Instrument of Government, II. 298 
Insurance, law of, IV. 117 
Islay, Archibald Campbell, Earl of, 

IV. Si 
Isle, Lord Commissioner of the Great 

Seal, L', II. 172 
Isle of Man, IV. 410; V. 136 
Ireland, trial of, II. 386 
Ireton, II. 235, 244 
Irish Duels, III. 303 
Irish Juries, III. 303 
Ivyn, Sir John, I. 197 

Jackson, Cyril, V. 320 

Jackson, Handle, V. 235 

Jack Straw, I. 137 

Jacquerie. I. 137 

Jail Fever. III. 291 

James II., II. 219; III. 74, 85, 90, 92, 
94, 126, 143 

James VI. of Scotland and I. of Eng- 
land, I. 317, 335 

Jay r. Topham. III. 43 

Jeffreys. II. 353, 377 

Jeffreys, George, Chief Justice of the 
King's Bench and Lord Chancellor, 
I. 115; II. 326: III. 69, 83, 91, 122, 
124, 126, 138, 140 

Jenkins, David, II. 212 

" Jenkin's Ear." IV. 19 

Jenkins, Sir Leoline, IV. 409; V. 2 

jenkinson, Robert Banks, second Earl 
of Liverpool V. 201 

Jenner, Sir Thomas, a Baron of the 
Exchequer, III. 108 

John, Duke of Lancaster, I. 141 

John, King, I. 59 

Johnson, Samuel, III. 362; IV. 58,60, 

339 
Johnson, James, Bishop of Worcester, 

IV. 376 
Johnson, Justice, an Irish Judge, V. 

116 
Jones, Chief Justice of the Common 

Pleas, III. 85 
Jones, Sir William, Oriental Scholar, 

and lawyer, III. 155 
Julian, IV. 493 
Junius, IV. 67, 163, 227, 247 
Juries, Irish. III. 303 



INDEX. 



403 



Jury fined for their verdict, I. 263 

Justice, I. I 

Justices of the Peace, I. 130 

Justiciar, I. I 

Justin Martyr, IV. 494 

[ustinian I., IV. 165 

Justinian, Code of, II. 323 

Justinus, IV. 494 

Katherine of Aragon, I. 229 

Keble, Joseph, IV. 151 

Kelynge, Sir John, Chief Justice, II. 

262, 342 

Kenilworth Castle, I. 80 
Kenilworth, Dictum of, I. 85 
Kennington Common, III. 286 
Kensington Palace, IV. 186 
Kent v. Pocock, III. 278 
Kent, Edward, Duke of, father of 

Victoria, Queen of Great Britain, V. 

193 
Kent, Hubert de Burgh, Earl of, I. 

65 
Kenyon, George, the second Lord, V. 

19 

Kenyon, Lloyd, Lord Kenyon, IV. 
371, 462, 464; V. 76, 111/264; IV. 

349. 408 

Kenyon's Reports, V. II 

Kilmarnock, Lord, IV. 40, 43, 44 

Kimbolton. Baron, II. 60 

King v. Waddington, IV. 529 

King, Peter, Lord, III. 228, 297 

King's Bench, Court of, I. 99 

" King's Friends," IV. 277 

Kingston, El izabeth Chudleigh, Duch- 
ess of, IV. 265 

Kinlock, Alexander, III. 283 

Kinlock, Charles, III. 283 

Kit-Kat Club, III. 200 

Knightly, Sir Robert, I. 310 

Knightley, Winifred, I. 341 

Knowllys, Charles, III. 170 

Knyvet, Sir John, I. 135 

Kouli Khan. III. 324 

Kyd, Stewart, IV. 518 

Lacy, case of, III. 204 

Lacy, Mrs., V. 103 

Lade v. Halford, IV. 170 

Lady Jane Grey, I. 253 

Lamb, William, Viscount Melbourne, 

III. 295 

Lambert, John, II. 312 
Lambeth Palace, I. 361 
Lancaster. Duke of, IV. 84 
Lancaster, Duke of, John, I. 141 
Landsdowne, William Petty, Marquis, 

IV. 258 

Lane, Sir Richard, II. 201, 213 



Lanfranc, Italian ecclesiastic, I. 9, 12 

Langhorn, trial of, II. 386 

Langley, Edmund, Duke of York, son 
of Edward III., I. 175 

Langtoft, Peter, I. 80 

Lateran, Council of, I. 52 

Laud, Archbishop, II. 121, 285 

Laud, William, Archbishop of Can- 
terbury, II. 107 

Lauderdale, James Maitland, Earl of, 
V. 165 

Laugher v. Pointer, V. 332 

Laurie, Sir Peter, V. 376 

Law, Charles Ewan, Recorder of Lon- 
don, V. 249 

Law, Dr. Edmund, Bishop of Carlisle, 
V. 21 

Law (see Ellenborough). 

Law, John, Bishop of Elphin, V. 26 

Lawless, an attorney, V. 5 

Law of Libel, III. 34 

Lawrence, Dr.. V. 62 

Lawrence, Judge, V. 108 

Lawrence, Sir Soulden, Judge, IV. 
501; V. 25 

Lawrence, Sir Thomas, a celebrated 
English portrait painter, V. 246 

Laws of Oleron, IV. 121 

Lawson v. Weston, V. 337 

Layer, Christopher, II. 50 

Layer, Christopher, case of, III. 225 

Leach v. Money, IV. 206 

Le Blanc, V. 108 

Lee, Chief Justice of King's B^nch, 
III. 256 

Lee, John, lawyer, V. 36 

Lee, Lord Mayor of London, I. 364 

Lee, Sir George, III. 268; IV. 68 

Lee, Sir Thomas, III. 269 

Lee, Sir William, Chief Justice, III. 
267 

Leeds, Thomas Osborne, Duke of, II. 

375 

Legge, Henry Billson, IV. 184 
Legrave, Gilibertus de, I. 78 
Legrave, Stephen de, I. 76 
Leicester Abbey, I. 233 
Leicester, Earl of, Simon de Montfort, 

I. 7^, 85 

Leicester House, III. 355 
Leicester, Robert, Earl of, I. 29, 257 
Lens, John, serjeant-at-law, V. 212 
Lens, Serjeant, V. 310 
Leonards, Robert Giffard, Baron 

Saint, V. 309 

Lesley, John, Bishop of Ross, I. 284 
Lestrange, III. 81 
Letchmere, III. 237, 238 
Letters of Junius, IV. 227 
Lettre de Cachet, II. 89 



404 



INDEX. 



Ley, Sir James, I. 425; II. 64 

Libel, case of, IV. 484 

Libel, truth as justification, III. 257 

Liberty of the Press, III. 169 

Lichfield, III. 343 

Lichfield School III. 361, 400 

Lifford, James Hewitt, Viscount, IV. 

98 

Lilburne, John, II. 230 
Lincoln, Geoffrey, Bishop of, I. 30 
Lincoln's Inn Fields, IV. 24 
Lindo v. Rodney, IV. 131 
Lindsay. David, case of, III. 233 
Lintot, Barnaby Bernard, IV. 3 
Lintot. shop of, IV. 3 
Lisle, Lady, trial of, III. 105 
Literary Criticism, freedom of, V. 

128 

Literary Property, IV. 146 
Little-Ease, III. 137, 193 
Littlecote Hall, I. 324 
Littledale, Henry, V. 287 
Littledale, Judge, V. 314 
Littledale, Sir Joseph, V. 287 
Littleton, Sir Thomas, II. 23, 140; III. 

125 
Liverpool, Robert Banks Jenkinson, 

second Earl of, V. 201 
Lloyd, Edward, II. 70 
Lloyd, Richard, IV. 41 
Locke. John, V. 129 
Lollards, II. 9 
London Bridge, I. 239 
London, Charters of the City of, III. 

23 
London Quo Warranto Case, III. 23, 

58, 60, 142 
London Stone, I. 55 
Long Parliament, I. 380; II. 121, 145, 

149, 163, 178, 224 
Longbeard, William, I. 55 
Longchamp, William, Chancellor, I. 

53 

Loughborough, Lord, IV. 247 
Louis VII., I. 30 
Louis XVI., IV. 254 
Louis Philippe, I. 418 
Lovat, Lord, III. 322; IV. 45, 47 
Lovat, Master of, IV. 46, 264 
Lovat, Simon Fraser, III. 46,264 
Love, Christopher, II. 290 
Lovel, Philip, I. 78 
Low v. Peers, III. 385 
Lowe v. Robert Cotton, III. 161 
Luci, Richard de, I. 27 
Ludlow, Edmund, II. 225, 235 
Luke v. Lyde, IV. 122 
Luttrell, Colonel, IV. 222 
Lyndhurst, John Singleton Copley, 

Lord, V. 93, 366 



Lyster, Richard, Chief Justice of the 

King's Bench, I. 250, 256 
Lyttleton, George, first Lord, IV. 36, 

202 
Lyttleton, Sir Thomas, II. 23 

M'Growther, Alexander, III. 282 
Macclesfield. Earl of, III. 213, 222, 

227, 240; IV. 265 
Macclesfield, Earl of, v, Starkey, III. 

141 

Macguire, Lord 

Mackintosh, Sir James, V. 149, 181 
Macklin, Charles, IV. 382 
Macready, William Charles, V. 378 
Magdalen College, case of, III. 74 
Magdalen College, III. 107 
Magna Charta, I. 67, 99; II. 271 
Mail Coaches, V. 296 
Maitland, James, Earl of Lauderdale, 

V. 165 

Major Generals, The, II. 174. 
Malcolm III. I. 20 
Malignants, II. 238. 
Man, Isle of, IV. 410; V. 136 
Manchester, George Montagu, fourth 

Duke of, IV. 309 
Manchester. Sir Edward Montagu, 

Earl of, II. 62, 63 
Mandevil, Viscount, II. 60 
Manners, Charles, Duke of Rutland, 

IV. 188 

Manners, Robert, Lord, IV. 365 
Mansfield, David Murray Stormont, 

Viscount and Earl of, III. 287, 392; 

IV. 85, 434 

Mansfield, Earldoms of, IV. 269 
Mansfield, James, V. 62, 154 
Mar, John Erskine, eleventh Earl of, 

III. 404 

Mara, Gertrude Elizabeth, Mrs., IV. 

512 

March, Earl of, v. Pigott, IV. 137 
March, Earl of, Roger Mortimer, I. 125 
March, Earl of, the legitimate heir 

after Richard II., I. 165 
Marchmont, Earl of, IV. 276 
Margaret of Anjou. I. 201, 205 
Maria Theresa, Archduchess of Aus- 
tria, Queen of Hungary and Bo- 
hemia and Empress of Germany, 

IV. 33 

Marie Antoinette, IV. 255 

Mark Lane, V. 114 

Markham, Sir John, I. 187, 199 

Marlborough, John Churchill, Duke 

of, IV. 94 

Marlborough, Earl of, II. 72 
Marlborough, Sara, Duchess of, III. 

194; IV. 17 



INDEX. 



405 



Marlbridge, Statute of, I. 89 

Marshall v. Rutton, IV. 166, 479 

Martial Law, III. 93 

Martin, John, painter, IV. 405 

Mary, Queen, I. 253 

Masham, Abigail, III. 213 

Massacre of Glencoe, IV. 272 

Master of the Rolls, IV. 76 

Mathews, Charles, comedian, V. 244 

Matilda, daughter of Henry I., I. 26 

Maule and Selvvyn, reporters, V. 114 

Maunsel, John, I. 78 

Maurice, Prince of Orange, IV. 217 

Mayfair and Fleet, III. 409 

Maynard, II. 170; III. 146 

Maynard, Sir John, III. 54 

Meal tub Plot, II. 393 

Melbourne, William Lamb, Viscount, 
III. 295 

Melville, Henry Dundas, Viscount, 
V. 165 

Menu, III. 155 

Meres v. Ansell, IV. 152 

Michaelmas Term, I. 225 

Middlesex, Lionel Cranfield, Earl of, 
II. 6 

Mildmay, Sir Walter, I. 297 

Milton, II. 73 

Milton, Lord, IV. 25. Si 

Milton, Sir Christopher, III. 86 

Misprision of Treason, 1. 201 

Mitchell, Sir T., II. 69 

Mitford, John Freeman, Lord Redes- 
dale, IV. 164 

Modern, Reports, III. 153 

Moliere, V. 272 

Mompesson, Sir Giles, I. 428; II. 60, 
69 

Monboddo, James Burnet, Lord, IV. 
401 

Moncrieff v. Moncrieff, IV. 10 

Monfort, Simon de, Earl of Leceis- 
ter, I. 76, 85 

Monk, George, Duke of Albemarle, 
II. 177. 256 

Monmouth, Duke of, III. 72 

Monopolies, I. 428 

Montagu, Chief Baron of the Ex- 
chequer, III. 86 

Montagu, George, fourth Duke of 
Manchester, IV. 309 

Montagu, Sir Edward, Earl of Man- 
chester, I. 243; II. 45, 63 

Montagu, Sir Henry, Chief Justice, 

H.45 

Montagu, Sir James, III. 212 
Montesquieu, IV. 4, 69 
Montgomery, Roger, I. 13 
Montrose, James Graham, third Duke 

of, V. 198 



Moore, Sir Henry, II. 369 

Moots, I. 226 

Morden, Charles Yorke, Lord, III. 

331 

More, Hannah, II. 366 
More, Sir Thomas, I. 235, 238 
Morning Chronicle, V. 170 
Morrice, Secretary of State, II. 319 
Morris, Edward, V. 9 
Morris v. Martin, III. 260 
Morris, Member of Parliament, I. 

353 
Mortimer, Roger, Earl of March, I. 

125 

Morton. Archbishop of Canterbury, 
I. 198 

Mowbray, Thomas, Duke of Norfolk, 
I. 124, 177 

Mucegos, Richard de, I. 61 

Murray, James, Secretary to the Pre- 
tender, III. 405; IV. 37, 48, 60 

Murray, James Stuart, Earl of 
brother of Mary Queen of Scots, 
1.283 

Murray, John, third Duke of Athol, 

V. 137 
Murray, Sir William, the Baron Tul- 

lebardine, III. 395 
Murry's Imitation of Horace's Ode to 

Venus, IV. 14 

Nadir Shah, III. 324 
Napoleon Buonaparte, V. 147 
Navigation Laws, II. 220 
Navigation Laws. Origin of, II. 219 
Nayler, James, II. 176 
Neck Verse, I. 268 
Nelson, Horatio, Viscount, V. 142 
Neville, Alexander, Archbishop of 

York, I. 150 
Neville, Richard, Earl of Warwick, 

I. 213 
Newcastle, Duke of, IV. 20, 33, ;o, 

82, 84, 329 
Newcastle, Thomas Pelham, Duke of, 

III. 289 

Newdigate, Sir Richard, Chief Jus- 
tice, II. 180 

Newgate Prison, IV. 300 
New Palace Yard, IV. 210 
Newport, Treaty of, II. 287 
Newton, Bishop, IV. 402 
Newton, Sir Isaac, IV. 158 
Newton, Thomas, English divine, 

IV. 269 

Nicholson v. Mouncey, V. 121 
Nisi prius 

No. 45 of the North Briton, IV. 209 
Nolle prosequi, I. 326 
Nollekens, John, IV. 405 



406 



INDEX. 



Norfolk, Duke of, John, I. 124 
Norfolk, Duke of, Thomas Mowbray, 

I. 124 

Norfolk, Earl of, I. 19 

Norfolk, Earl of, Roger Bigod, I. 78 

Norfolk, Thomas Howard, fourth 

Duke of, I. 251, 272 
North, Francis, II. 331 
North, Frederick, Earl of Guildford, 

IV. 219 

North, Roger, II. 331, 378 
North Briton, No. 45 of the, IV. 

209 

Northern Circuit, V. 37 
Northey, Sir Edward, III. 263 
Northington, Henley, Lord, IV. 100 
Northington, Robert Henley, first 

Earl of, III. 353 
Northley, Sir Edward, IV. 336 
Northumberland, Henry Percy, Earl 

of, I. 307 
Northumberland, John Dudley, Duke 

of, I. 252 
Norton, Grantley Fletcher, Lord, IV. 

251 

Norwich. Earl of, II. 237 
Nottingham, Heneage Finch, Earl of, 

II. 326, 350, 372; III. 12; IV. 186 
Nottingham House, IV. 186 
Noy, II. 82, 90, 113, 133, 281 
Noy, William, I. 431 

Dates, Titus, II. 384 

O'Connor, Arthur, V. 85, 96 

Odo, I. 5 

"Old Lady in Threadneedle Street," 

IV. 302 

Old Pretender, III. 96 
Old, Sarum, IV. 30 
Oldmixon, John, II. 107 
Oleron, IV. 121 
Oleron, Laws of, IV. 121 
Olive, John, III. 276 
Oliver, see Cromwell 
Oliver, Sir John, II. 147 
Omichund v. Barker, IV. 174 
Oneby, Major, Case of, III. 246 
Opie, John, IV. 525 
Orange, Prince of, see William III. 
Orange, William, second Prince of, 

II. 218 

Order of the Garter, II. 378 
Ordinance de la Marine, III. 327 
Ordinance, Self-denying, II. 167 
Orford, Horace Walpole, Earl of, III. 

264 
Orford, Robert Walpole, Earl of, III. 

240 
Ormond, James Butler, first Duke of, 

III. 79 



Osborn v. Guy's Hospital, III. 260 
Osborne, Thomas, Duke of Leeds, II, 

375 

Osprey, Henry, II. 50 
Overbury, Sir Thomas, I. 391; II. 51, 

340 

Owen, Sir John, II. 237 
Owen, William, Case of, III. 287 
Oxford, II. 136 
Oxfiird, Henry de Vere, Earl of, II. 

79 
Oxford, Provisions of, I. 79 

Pacy, Deborah, II. 340 

Pacy, Elizabeth, II. 340 

Page, Francis, Judge, III. 245 

Paine, Thomas, IV. 340 

Painted Chamber, I. 134 

Palatine Counties, V. 38 

Palermo, I. 15 

Paley, William, V. 78, 91 

Palmer, Roger, Earl of Castlemain, 

II. 391 

Palmer, Sir Jeffrey, III. 9 

Pandects, II. 323 

Parbeck, Lady, II. 27 

Park, James Alan, IV. 357, V. 234 

Parker, Sir Thomas, Chief Justice, 

III. 213; IV. 383 
Parkinson v. Lee, V. 116 
Parkyns, Sir William, III. 165 
Parliament, Long, I. 121, 145, 149, 

163, 380 

Parliament, Short, II. 163 
Parnyng, Sir Robert, I. 128 
Parry, William, I. 292 
Partition Treaties, III. 175 
Partridge v. Beer, V. 336 
Party-colored robes of a Sergeant, I. 

376 

Pascal, Blaise, IV. 157 
Pateshull, Simon de, I. 61 
Pateshulle, Hugo de 
Patterson v. Graham, IV. 7 
Patterson v. Tash, III. 278 
Paul, Advocate-General, Dr., IV. 68 
Paul I. Emperor of Russia, IV. 491 
Payne and Thoroughgood's case, V. 

122 

Peace of Utrecht, III. 251 
Peacham's Case, I. 389 
Peel, Sir Robert, V. 307 
Pelham, Henry, English statesman, 

III. 328; IV. 72 
Pelham, see Newcastle 
Pelman, Sir Jeffrey, II. 250 
Pemberton, Chief Justice, II. 377, 

401; III. I 

Pembroke, Earl of, Protector, I. 68 
Pendrell -a. Pendrell, III. 260 



INDEX. 



407 



Penruddock, II. 158, 170, 171, 296 

Pepys, Samuel, III. 337; V. 260 

Perceval, Spencer, V. 148 

Percy, Henry, Earl of Northumber- 
land, I. 307 

Perjured Phanatic, II. 330 

Perrin v. Blake, I. 348; IV. 152 

Perrot, Sir John, I. 351 

Perry, Mr., V. 170 

Peryam, Sir William, Chief Baron of 
the Exchequer, I, 333 

Peters, Hugh, II. 292 

Petition of Right, I. 339; II. 15, iS, 
20 

Petty-Bag Office, II. 166 

Petty, William, Earl of Shelburne, 
HI. 373 

Petty, William, Marquis of Lans- 
downe, IV. 258 

Pevensey, I. 13 

Phillips, Sir Robert, I. 431 

Pickering v. Rudd, V. 132 

Pigot, George, Baron Pigot, IV. 425 

Pitt, see Chatham. 

Pitt, William, I. 44; IV. 30, 327, 342; 
V. 91 

Plague, II. 268 

Plantagenet, Goeffrey,!. 26 

Plantagenet, George, Duke of Clar- 
ence, I. 216 

Plato, IV. 495 

Pleader's Guide, V. 284 

Plowden, Edmund, II. 33 

Plumer, Thomas, V. 47 

Plummer, Sir Walter, III. IOI 

Plunket, Oliver, a Catholic Primate 
of Ireland, III. 17 

Plunkett, William Conyngham, Lord, 
IV. 370 

Pole, de la, Michael, I. 140 

Pole, de la. Michael, first Earl of Suf- 
folk, I. 150 

Pollexfen, Henry, III. 32 

Pomfret, Countess of. III. 73 

Ponsonby, George, V. 155 

Pony, Sergent's, I. 375 

Pope, Alexander, III. 429; IV. 27, 
29 

Pope v. Curl, IV. 148 

Popham, John, Chief Justice, I. 300 

Popish Plot, II. 373, 385; III. 57, 138 

Poquelin, Jean Baptiste, V. 272 

Porteus, Captain, III. 305; IV. II 

Possession, writ of, I. 41 

Postnati, case of the, II. 34 

Powell, John, Justice, III. 114. 122, 

124, 127, 159 
Powis, William Herbert, Earl of, III. 

138 
Powys, III. 86 



Powys, Judge, III. 159 

Powys, Littleton, III. 218 

Powys, Sir Thomas, III. 218 

Pratt, Charles, Earl of Camden, I. 
177 

Pratt, Sir John. Chief Justice, III. 
217 

Prerogative, I. 384 

Press Gang, III. 308 

Preston, Gilbert de, I. 79 

Preston, Lord, trial of, III. 163 

Preston, Richard, legal author, V. 232 

Prestongrange, Lord, IV. 23 

Pretender, Old, III. 96 

Pretender. Young, III. 280; IV. 38 

Price, Benjamin, V. 286 

Price, Robert, Judge. III. 186 

Priestly v. Hughes, V. 120 

Prince of Orange, Maurice, IV. 217 

Prince Rupert, II. 42 

Prior, Matthew, IV. I 

Privilege of House of Commons to 
Imprison for Contempt, V. 126 

Privy Council, IV. 60 

Proclamations, I. 384 

Procrustes, IV. 289 

Proemunire, I. 229 

Prophets, fanatics, III. 204 

Protector, Cromwell, II. 159 

Protector, Earl of Pembroke, I. 68 

Protector. Title of, II. 175 

Provisions of Oxford, I. 79 

Prynne, II. 105 

Prynne, William, II. 2 

Puckering, Sir John, I. 350 

Pulman, Deputy Usher of the Black 
Rod, III. 68 

Pulteney, III. 350 

Pulteney. William, Earl of Bath, III. 
257; IV. 21 

Purification of the Virgin, or Candle- 
mas Day, I. 148 

Pusar, Hugh, Bishop of Durham, I. 

5' 

Pye, Sir Robert, case of, II. 183 
Pym, John, II. 16, 32, 164 
Pyramus, IV. 387 

Quakers, Oath of, II. 254 

Queen Elizabeth, I. 265 

Queen Mary, I. 253 

Queen of Scotland, Mary Stuart, I. 

289 
Quo Warranto, Against London, III. 

23, 58, 60, 142 

Racine, Jean, V. 274 

Radcliffe, John, III. 211 

Raleigh, Sir Walter, I. 318, 364; II. 

57 



408 



INDEX. 



Ransom Bills, IV. 127 

Rawdon, Francis, Marquis of Hast- 
ings, IV. 473 

Raymond, III. 160 

Raymond, Lord, III. 153, 201, 229, 
274. 287 

Raymond, Sir Thomas, III. 229 

Raymond, the second Lord, III. 263 

Raynard T. Chace, IV. 105 

Raynsford, Chief Justice, II. 354, 372 

Reading the Riot Act, IV. 313 

Rebellion of 1745, IV. 37 

Recoveries, II. 37 

Redesdale, John Freeman Mitford, 
Lord, IV. 164 

Red Lion Square, III. 262 

Rees ap Gryffith, I. 44 

Reeve, John, Case of, IV. 487 

Reeve, Thomas, III. 255 

Reform Hills, V. 360 

Regicides, Trial of, II. 313 

Regina v. Tutchin, III. 159 

Regrating, III. 157 

Requests, Court of. II. 62 

Rex v. Chetwynd, III. 278 

Rex v. Stockdale, IV. 480 

Rex v. Almon, IV. 230 

Rex 11. Almond. III. 388 

Rex v. Benchers of Gray's Inn, IV. 

132 

Rex v. Creevey, V. 127 
Rex v. Davison, V. 317 
Rex v. Drakard, V. 179 
Rex v. Francklyn, IV. 335 
Rex v, Harvey, V. 330 
Rex v. Ivinghoe, III. 272 
Rex v. Knowllys, 111. 174 
Rex v. Lord Ossulston, III. 278 
Rex v. Miller, IV. 234. 
Rex v. Perry and Lambert, IV. 485 
Rex v. Pilkington, III. 63 
Rex v. Somerton, V. 335 
Rex v. Taylor, III. 278 
Rex v. The Mayor and Commonalty, 

of City of London, III. 60 
Rex v. Tubbs, IV. 135 
Rex v. Walker, V. 79 
Rex v. Woodfall, IV. 232 
Reynolds. Sir Joshua, IV. 405 
Rich, Richard, I. 236 
Richard I., I. 49, 50 
Richard II., I. 136 
Richard III., I. 211, 219; IV. 55 
Richard, Duke of York, I. 200, 204, 

205 
Richard, King of the Romans, the 

brother of Henry III., I. 81 
Richard the Protecter, II. 176 
Richardson, John, Judge, V. 257 
Richardson, Sir Thomas. II. 69. 96 



Richmond, Castle of, I. 31 
Richmond, Ludovic Stuart, Duke of, 

II. 61 

Ridel, Geoffrey, I. 26 
Rigby, Richard, IV. 441 
Right, Petition of. II. 15 
Ringsted v. Lady Lanesborough, IV. 

1 66 

Riot Act, IV. 313 
Ripon, Frederick John Robinson, first 

Earl of, V. 347 
Rivers, Anthony Woodville, Earl of, I. 

221 
Robertson. William Dr., Historian, 

I. 42; IV. 6 
Robinson, Frederick John, first Earl 

of Ripon, V. 347 
Robinson, Sir Thomas, IV. 82 
Rochester, Castle of, I. 13 
Rochester, Lawrence Hyde, first Earl 

of, III. 75 
Rockingham, Charles Watson Went- 

worth, second Marquis of, IV. 188, 

438 

Rodney v. Chambers, V. 115 

Roger Bacon, I. 63 

Roger, Bishop of Salisbury, I. 24 

Rogers, Samuel, Poet, V. 17 

Rolle, Chief Justice, II. 142, 214, 231 

Rolle's Abridgment, II. 143 

"Rolliad." IV. 452 

Rollo, Duke of Normandy, II. 162 

Rolls, Master of, IV. 76 

Romilly, Sir Samuel, V. 184 

Rooks/Giles. Judge, V. 82 

Rookvvood, Ambrose, III. 166 

Roper, Sir John, Lord Teynham, I. 
400 

Rosa Salvator, III. 303 

Rosamond, Fair, I. 30 

Roses, War of. I. 198 

Ross, John Lesley, Bishop of I. 282 

284 

Rosslyn. Earl. IV. 247 
Roundhead*, II. 145 
Royal Society, III. 200 
Rufus, William, I. 12, 13 
Rules of the Fleet, III. 8 
Rumbold, Sir Thomas, V. 46 
Rump, II. 177, 224 
Rupert, Prince, II. 42 
Rupibus. Peter de, I. 61. 71 
Russell, Lord, case of, III. 27 
Russell, Earl, better known as Lord 

John Russell, III. 295; V. 350 
Russell, John, Bishop of Lincoln, I. 

219 

Russell, John, fourth Duke of Bed- 
ford. IV. 65 
Russell, Rachel, Ladv, III. 28 



INDEX. 



409 



Russell, William, Lord, II. 396 
Ruthven, John, Earl of Gowrie, III. 

39& 
Rutland, Charles Manners, Duke of, 

IV. 188 
Ryder, Sir Dudley, Chief Justice, III. 

287, 294, 365: IV. 34, 41. 68, 83 
Rye House Plot, III. 26,65 

St. Albans (see Bacon), II. 69 

St. James's Place, II. 380 

St. James's Square, V. 247 

St. John, II. 231 

St. John, Henry, Viscount Boling- 

broke, II. 227; III. 257 
St. John, Oliver, II. iS;, 227 
St. John, Sir Walter, II. 226 
St. Mary-le-Bow, III. 269 
St. Stephen's Chapel, II. 173; V. 95 
Sackville, Edward, Earl of Dorset, 

II. 108 

Sackville, George, IV. 346 
Saherns, Earl of Winchester, I. 61 
Saladin, I. 46 
Salisbury, Gilbert Burnet, Bishop of, 

II. 307 
Salisbury, Robert Cecil Earl of, I. 

359, 374 

Sanctuary, II. 152 
Sandwich, John, fourth Earl of, IV. 

182 

Sanquhar, Lord, II. 47 
Saunders, II. 377 
Saunders, Edmund, III. 23, 24 
Saunders, Sir Edward, Chief Justice, 

I. 256; III. 49 
Savile or Saville, George, Marquis of 

Halifax, II. 399 
Sawyer, Sir Robert, III. 18, 32, 86. 

"5. 125 
Say, William Fiennes, Viscount, II. 

116 

Sayer v. Bennet, IV. 458 
Scarlett, |ames, V. 89, 318 
Scheverell, Henry, III. 196 
Scone, I. 95; III. 397 
Scot, Sir William. I. 128 
Scotland, Mary Stuart, Queen of, I. 

295. 

Scott, John, Earl of Eldon, III. 268 
Scott, William, Baron Stowell, III. 

268 
Scroggs, Sir William, Chief Justice, 

I. 115; II. 353, 374, 377, 378; III. 

126 

Scrope, Archbishop of York, I. 177 
Scrope, Henry le, I. 124 
Scrutiny, IV. 448 
Secondat, Charles de. Baron de Mon- 

tesquien, IV. 4 



Sedgwick, Obadiah, II. 275 

Sedley, Sir Charles, IV. 141 

Segrave, Stephen de, I. 71 

Selden, II. I, 90, 93, 130, 202 

Self-denying Ordinance, II. 167, 230 

Selwyn and Maule, reporters, V. 114 

Semele, IV. 218 

Septennial Act, III. 235, 346 

Serjeant's Inn, II. 134 

Sessions, Quarter, Courts of, I. 130 

Settlement, Act of, IV. 36 

Seven Bishops, The III. 2, 32, 95, m 

Seven Years' War, IV. 124, 192 

Sewell, Sir Thomas, Judge, IV. 446 

Seymour, Edward, Duke of Somerset, 

I. 252 

Shaftesbury, Anthony Ashley Cooper, 
Earl of, II. 313, 350, 374, 388; III. 

II. 21, 56, 69 

Shaftesbury House, III. 56 
Shakespeare, William, I. 284 
Shareshall, Sir William, I. 133 
Shelburne, William Petty, Earl of, 

III. 373; IV. 224, 263, 438 
Shelley, Puisne Judge, I. 230 
Shelley's Case, I. 347; IV. 153, 155, 158 
Shepherd, Sir Samuel, V. 12 
Sheridan, V. 45, 62, 85 

Shipley, William Davies, IV. 332 

Ship-money, II. in, 193 

Shop of Lintot, IV. 3 

Short Parliament, II. 163 

Shower, Sir Bartholomew, III. 114, 

117, 166 

Shrewsbury, Countess of, I. 336 
Siderfin, II. 173; IV. 150 
Sidmouth, Lord, V. 169 
Sidney, Algernon, II. 400 
Silenus, III. 67 
Sindercome S., trial, II. 174 
Sion House, I. 254 
Six Articles, I. 242 
Slavery, III. 156; IV. 133 
Sloper, Colonel, IV. 16 
Smalridge, George, English prelate, 

III. 4 i4 

Smith, Adam, IV. 530 
Smith, Horace and James, English 

humorists, V. 16 
Smith, John, Judge, III. 186 
Smith, Sydney, IV. 533 
Smith v. Polak, III. 278 
Smollett, Tobias, IV. 399 
Smytlie, Sir Sidney Stafford, III. 352, 

378; IV. 180 
Solemn League and Covenant, II. 211, 

286 

Solicitor General, I 136 
Somers, John, Lord, I. 163; III. 33; 

175, 177, 180, 186 



4io 



INDEX. 



Somerset, Earl and Countess of, II. 

5' 
Somerset, Edward Seymour, Duke of, 

I. 252 

Somerset, Robert Carr, Earl of, I. 391 
Somerset, Sir William, Duke of 

Somerset, I. 337 
Somersett's Case, IV. 133 
Sophia Augusta, Princess, daughter 

of George III., V. 195 
Southampton Street. IV. 140, 233 
Southampton, Thomas Wriothesley, 

Earl of, I. 249 

Southerton v. Whitlock, III. 260 
South Sea Bubble, IV. 8 
Southwark, I. 301. 
Spanish Armada, I. 298 
Spelman, Sir Henry, V. 83 
Spencer, Charles, third Earl of Sun- 

derland, III. 343 
Spencer, Robert, Earl of Sunderland, 

III. 37 

Spencer, Sir John, of Althrope, I. 286 

Squires v. Whisken, V. 125 

S. S., Collar of, I. 408 

Stafford, Duke of Buckingham, I. 227 

Stafford, Earl of, II. 285; III. 57, 138 

Stamp Act, IV. 215 

Stanford, Sir William, I. 42 

Stanhope, Charles, third Earl Stan- 
hope, IV. 470; V. 169 

Stanhope, Philip Dormer, fourth Earl 
of Chesterfield, IV. 78 

Stanley, Charles, eighth Earl of 
Derby, IV. 411 

Stanley. James, seventh Earl of 
Derby, IV. 411 

Star Chamber, I. 223, 311 

Statute of Marlbridge, I. 89 

Statute of Uses, I. 349 

Staunton, Henry de, I. 125 

Stayly's Case, II. 385 

Steele, Richard, III. 200 

Steeple of Bow Church, IV. 129 

Stephen, King, I. 25 

Stigand, Archbishop of Canterbury, I. 

9 

Stillingfleet, Edward, II. 349 
Stockdale v. Onwhyn, V. 327 
Stoke Pogis House, II. 43 
Stone, IV. 58, 60, 62. 377 
Stone, William, IV. 486 
Stormont. David Murray, Viscount 

and Earl of Mansfield, III. 395; IV. 

85, 268 
Story, Joseph, American Judge, III. 

156 
Stowell, William Scott, Baron, III. 

268 
Stratford, II. 121 



Strange, Sir John, IV. 21, 63, 76 

Street, Barun, Judge, 111. 143 

Street, Judge, III. 88 

Strode, II. 164 

Stroud, I. 314; II. 130 

Stuart, Charles Edward, III. 280; IV. 

38 
Stuart, James, Earl of Murray, 

brother of Mary Queen of Scots, I. 

283 
Stuart, James Francis Edward, called 

the Old Pretender, III. 96 
Stuart, John, third Earl of Bute, IV. 

198 
Stuart, Lady Arabella, I. 318, 337, 

304 
Stuart, Ludovic, Duke of Richmond, 

II. 61 
Stuart, Mary, Queen of Scotland, I. 

289, 295 
Suffolk, Thomas Howard, Earl of, I. 

422 

Sunday Recreations, II. 109 
Sunderland, Charles Spencer, third 

Earl of. III. 114, 343 
Sutton, Thomas, founder of the 

Charter House, V. 220 
Swendsen, Haagen, case of, III. 205 
Swift, Jonathan, IV. 147 
Swinton, John, Lord, IV. 353 
Syderham, Colonel, II. 242 
Sydney, Algernon, III. 30 
Sydney, Godolphin, Earl, III. 194 

Tabbart v. Tipper, V. 128 

Tacitus, Caius Cornelius, IV. 406 

Talbot, IV. 7 

Talbot, Charles Chetwynd, 'second 

Earl Talbot of Hensol, V. 116 
Talbot, Charles, Lord, III. 266 
Talbot, John, Earl of Shrewsbury, I. 

194 
Talfourd. Sir Thomas Noon, Judge, 

V. 238 

Tasso, Tarquato, III. 229 
Taylor, Michael Angelo, V. 60 
Taylor, Sir Herbert, V. 192 
Teilding, Robert, called Beau Teild- 

ing, III. 232 

Temple Bar, II. 49; III. 51, 282 
Temple Church, I. 344 
Temple, Sir William, II. 388 
Tenterden, Charles Abbott, Lord, 

IV. 371; V. 251 
Test Act, V. 348 
Teynham, Sir John Roper, Lord, I. 

400 

Thanet, Lord, V. 85 
The King v. the Mayor of Carmar- 
then, IV. 167 



INDEX. 



411 



The King v. the Rev. William Ship- 
ley, Dean of St. Asaph, IV. 443 
Thelwall, John, IV. 507 
The Test Act, III. n 
Thirmynge, Sir William, I. 163 
Thomas a Becket, I. 27, 29, 33 
Thomas, Duke of Gloucester, I. 145 
Thomson, James, Scotch poet, III. 

251 

Thornton, Gilbert de, I. 115 
Thornton, Richard, V. 132 
Thou, Jacques Auguste de, IV. 286 
Throckmorton, Sir Nicolas, I. 201, 

261 

Thurkolby, Roger de, I. 79 
Thurloe, John, II. 224 
Thurlow, Edward, Lord, IV. 240, 
263. 280, 304, 319,' 322, 363,422, 433; 

V. 40, 51 
Tillotson, John, English prelate, II. 

3491 HI- 28 
Tilney's Case, I. 309 
Tindal v. Brown, IV. 121 
Titus Pomponius Atticus, II. 284 
"Tom Tewksbury," V. 284 
Tomlinson, Colonel, II. 266 
Tonson, Jacob, IV. 3 
Tooke, John Home, III. 272; IV. 67, 

270, 419, 485, V. 96. 
Torbay, III. 122 
Torrington, Admiral Herbert, Earl 

of, III. 99 
Tory, III. 130 
Tours, Council of, I. 52 
Tower Hill, II. 157 
Townley, Francis, Colonel, III. 280, 

321 

Townshend. Charles, IV. 83 
Towry, Miss, V. 41 
Treason, High, III. 314 
Treason, Misprison of, I. 201 
Treaty of Aix-la-Chapelle, IV. 52 
Treaty of Ameins, V. 139 
Treaty of Newport, II. 287 
Treaty of Uxbridge, II. 124 
Treby, Recorder of London, III. 61 
Treby, Sir George. III. 33, 140 
Tresilian, Sir Robert, I. 139 
Trevor, III. 168. 178 
Trial by Battle, I. 40; IV. 109; V. 

133 

Trial of the Regicides, II. 313 
Trinity Term, I. 225 
Troyn, John, II. 260 
Turner, John, II. 47 
Turner, Mrs., I. 392; II. 340 
Turpine, Captain, II. 139 
Twisden, Justice, II. 336 
Tyburn Tree, I. 139 
Tyler, Wat, I. 136, 150 



Uses, St-atute of, I. 349 
Utrecht, Peace of, III. 251 
Utter Barrister, I. 173 
Uxbiidge, Treaty of, II. 124 

Vane, Sir Henry, II. 197 

Vane, Sir Henry, the younger, II. 

179, 252, 266 
Vansittart, Nicholas, Lord Bexley, 

V. 344 

Vattel, Emrich von, V. 140 
Vaughan, Judge, V. 233 
Vere, Alberic De, I. 26 
Vere, de, the favorite of Richard II., 

I. 140 
Vere, Henry de, Earl of Oxford, II. 

79 

Vernon, IV. 58 

Verseilles, IV. 255 

Villiers, Barbara, Duchess of Cleve- 
land, II. 262 

Villiers, George, Duke of Bucking- 
ham, I. 400 

Villiers, Sir Edward, I. 430 

Villiers, Sir John, I. 411 

Villiers v. Mousley, III. 382 

Viner, Charles, English lawyer and 
compiler, IV. 71 

Viveash v. Becker, V. 126 

Voltaire, IV. 5 

Wager, IV. 135 

Wager of battle, I. 40; IV. 109; V. 

'33 

Wainwright, Mr., III. 303 
Wakefield, Gilbert, IV. 489 
Wakeman, Sir George, trial of, II. 

389 

Walcot, Colonel, case of, III. 26 
Waldegrave, James, Earl, IV. 77 
Walker, Walter, I. 206 
Wall, Joseph, V. 99 
Wallace, Attorney-General, V. 36 
Wallace, of Knaresdale, Lord, V. 37 
Wallace, Sir William, I. 119 
Walpole, Horace, Earl of Oxford, 

III. 264 
Walpole, Robert, Earl of Oxford. III. 

222, 237, 240 

Walworth, Sir William, I. 136, 150 
Warburton, William, English prelate, 

III. 431 

Ward, Edward, Chief Baron, III 179 
Wards. Court of, II. 50 
Warham, William, an English pre- 
late. I. 227 

War of the Roses, I. 180, 198 
Warren, Tom. III. 427 
Warrenne, William de, I. 17 
Wars of York and Lancaster, I. 180 



412 



INDEX. 



Warwick, Earl of, Richard Neville, 

I. 213 

Washington, George, IV. 320 
Watson, Dr., trial of, V. 205 
Watson, Richard, IV. 504 
Waynflete, William, prelate and 

statesman, I. 204 
Weakly v. Bucknell, IV. 170 
Wedderburn, Lord, IV. 247, 363 
Wellesley, Arthur, Duke of Welling- 
ton, V. 222 
Wellington, Arthur Wellesley, Duke 

of, I. 300; V. 222 
Wells, Tunbridge, IV. 345 
Weymyss, John, III. 410 
Wentworth, Charles Watson, second 

Marquis of Rockingham, IV. 188 
Wentworth, Paul, I. 305 
Wentworth, Thomas, Earl of Staf- 
ford, II. 163 

Westminster Abbey. I. 6 
Westminster Assembly, II. 211 
Westminster, election, IV. 448 
Westminster Hall, I. 21; IV. 2 
Westminster School, III. 406,410 
Wetherell, Sir Charles, V. 205 
Weyland, Thomas de, Chief Justice 

of the Common Pleas, I. 101, 113 
Wharton, Sir George, II. 245 
Whiddin, Sir John, a Puisne Judge, 

I. 182 

Whig, III. 130 
Whitebread, trial of, II. 386 
Whitefriars. II. 46 
Whitehall, I. 229 

Whitelock, Bulstrode, II. 181, 198, 

221, 231 

Whitgift, John, Archbishop of Can- 
terbury, I. 342, 361 
Widdington, Sir Thomas, II. 148 
Wilde, Sergeant, II. 214, 231, 285 
Wilkes v. The King, III. 387 
Wilkes, case of, IV. 209 
Wtlkins.John.il. 347; III. 385; IV. 233 
Willes, Chief Justice, III. 342; IV. 

99, 180 
Willes, Edward, successively Bishop 

of St. David's and of Bath and 

Wells, III. 343 
William III., III. 41, 122, 145, 159, 

iSo; IV. 289 

William and Mary, III. 127 
William, Lord Russell, II. 396 
William the Lion, King of Scotland, 

I- 30, 75 
William, the second Prince of Orange, 

II. 218 
Williams, John, I. 433 

Williams, Lord Chancellor, II. 61, 71, 
119 



Williams, Sir John, V. 385 

Williams, Solicitor General, III. 116, 

122 
Willis, Francis, an eniment English 

physician, V. 195 
Wilmont, Chief Justice, III. 342, 352, 

361: IV. 97, 180 

Winchelsea, Earl of, IV. 19, 21 
Winchester, Saherus, Earl of, I. 61 
Witchcraft, II. 338 
Witenagemote, I. 2 
Wolcot, John, IV. 525 
Wolfe, James, General, IV. 192 
Wolsey, Cardinal, I. 137, 226, 228, 229 
Women's Rights, III. 276 
Wood, Baron, Mr., V. 30 
Woodfall. William, IV. 230 
Woodville, Anthony, Earl Rivers, I. 

221 

Woolsack, I. 206; II. 71 
Worcester, Battle of, II. 221 
Wray, Christopher, Chief Justice of 

the King's Bench, I. 287 
Wray, Sir Cecil, IV. 448. 462 
Wren, Bishop of Ely, III. 100 
Wright, Sir Martin, III. 369 
Wright, Sir Nathan, Lord Keeper of 

Great Seal, III. 180, 186, 192, 194, 353 
Wright, Sir Robert, Chief Justice, 

III. 40, 94, 99 
Wriothesley, Thomas, Earl of South- 

hampton, I. 249 
Writ of Latitat, V. in 
Writ of Possession, I. 41 
Wyatt, Sir Thomas, 1. 261 
Wydeville, Elizabeth, I. 212 
Wyndham, Sir Hugh, II. 270 
Wynford, Lord, V. 312 
Wythens, Francis, Judge, III. 94,143 

Xenophon, IV. 496 

Yates, Justice, III. 374 
Yates, Sir Joseph, IV. 98 
Year-Books, I. 121; III. 135; IV. 372 
Yelverton, Sir Henry, I. 357, 376, 423; 

II. 69 

Yeo v. Rogers, IV. 170 

York, II. 136 

York, Edmund Langley, Duke of, Son 

of Edward III., I. 175 
York, Duke, of Richard, I. 200. 204, 

205 
York, Frederick Augustus, Duke of. 

V. 192 
Yorke, Charles, III. 331, 377; IV. 90, 

202 
Yorke, Philip, Earl of Hardwicke 

III. 237,258, 266; IV. 7 
Young Pretender. III. 280; IV. 38 



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