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LORD MANSFIELD.

LORD MANSFIELD.

CONTEMPORARY with these two distinguished lawyers, during the latter period of his life, was a legal personage in every respect far more eminent than either, the first Lord Mansfield, than whom few men, not at the head of state affairs, have in any period of our history filled an exalted station for a longer period with more glory to themselves, or with a larger share of influence over the fortunes of their country. He was singularly endowed with the qualities most fitted both to smooth for him the path to professional advancement, to win the admiration of the world at large, and to maintain or even expand the authority of whatever official situation he might be called to occupy. Enjoying all the advantages of a finished classical education; adding to this the enlargement of mind derived from foreign travel, undertaken at an age when attentive observation can be accompanied with mature reflection; he entered upon the profession of the law some years after he had reached man's estate; and showed as much patient industry in awaiting, by attendance in the courts, the emoluments and the honours of the gown, as he had evinced diligence in qualifying himself for its labours and its duties. His connexion with Scotland easily introduced him into the practice afforded by the appellate jurisdiction of the House of Lords ;* and the accidental indisposition of his leader, a few years after

* He soon rose to such eminence in this, that his biographer, Halliday, has mentioned him as engaged in thirty appeals during one session. A worse piece of biography than Halliday's, it may be observed in passing, hardly exists, notwithstanding its having so admirable a subject.

wards, having given him an opportunity of distinguishing himself before a jury, he speedily rose into extensive practice, not however, so much in Common-Law courts as in Chancery.

Ten years after he entered the profession he was made Solicitor-General and came into parliament, which he had hitherto shunned, observing, with the caution so characteristic of the man and of the nation, "That he had many respected friends on both sides of the House, and did not care to lose the patronage of both parties for the favour of one." If this principle be as great an honour to his public virtue as to his personal discretion, his biographer has done well to record it in proof of the praises which he lavishes upon him; and certainly nothing in the subsequent course of his life can be found which betokens a falling off from the wary circumspection of his outset in life.

His powers as an advocate were great, though not first-rate. In manner, which he had studied so much that Pope was found one day superintending him while he practised before a looking-glass-in a sweetness of voice which by nature was almost unequalled-in clearness and skill of statement, which he so greatly laboured, that it was said his story was worth other men's argument,-in the wariness and discretion so necessary to one that represents another's interests, as an advocate does his client's,-in knowledge accurate, as far as it went, if not very profound, of the principles of the law and in an enlarged view of general subjects, whether of jurisprudence or of a more liberal kind-he stood high, either above all his contemporaries, or in their foremost rank. A certain want of vigour, arising from the inroads which his constitutional caution made into the neighbouring dominions of its ally, fear, prevented him from ever filling the first place among advocates; and to any thing that deserved the name of genius or of originality he preferred at no time and in

no station any claims. Atkins, his staunch admirer, has preserved, with extreme eulogy, one of his arguments in a case of great importance; it is learned and able, but far from justifying the preference given to it over those of the other counsel, whose arguments in the same cause are also reported.

In the House of Commons it was his fortune to defend the measures of government, when no men of eminence filled the front ranks of the opposition party, excepting Mr. Pitt (Lord Chatham); and the perilous task of encountering him always was reserved for the ministerial chief himself. That he was very successful as an elegant and persuasive speaker, is certain; that he was unequal to fill a first place, at a time when the secret had not been discovered of posting second-rate men in such positions, is as undeniable; and it is known that he felt this inadequacy; for an arrangement was at one period proposed, by which he was to have taken the lead, on the part of the government, and he peremptorily declined it. Indeed, he was both conscious of his power lying in a different direction, and resolved to follow the bent at once of his capacity and his inclination. Accordingly, on the death of Chief Justice Ryder, though much pressed to remain in parliament at a time when the ministry could ill spare him from the Treasury Bench, he distinctly intimated that, if he were not promoted to the place which he considered the AttorneyGeneral's right, he should cease to hold any place; and a hint which was easily understood was wisely taken.

Over that great court he presided above thirty years; and his administration of its functions during that long period shed a lustre alike upon the tribunal and the judge. Although he had chiefly practised in Chancery and the House of Lords, yet his correct legal understanding, his excellent sense, his familiar acquaintance with the general principles of jurisprudence, easily and speedily supplied any deficiency which he might have in

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