favourite mare, intrusted to his management.

This was a vivacity

so natural, that if it be deemed a symptom of madness, few are free from it; and I doubt the inference will go far in cases of common life. The two next witnesses, whom I will mention, are the brothers of the noble Earl. My lords, I own I felt for them. It gave me pain to see them, in a cause which touches a brother's life, brought to the bar as witnesses, to mitigate the consequences of one misfortune, by endeavouring to prove another of the most tender and affecting nature; and if they had spoke stronger to matters of conjecture, opinion, and belief, for my part, I could easily have excused them.

My lords, they both spoke with caution, and as men of honour; but one of them was the only witness of weight, who expressed a belief, that, at particular times, the noble lord might not be able to distinguish between moral good and evil. I did not observe, that he spoke of any instance within his own recollection. The circumstances, from which these gentlemen inferred insanity, were for the most part of the same kind with those which came from the mouths of the other witnesses. They did not carry the marks of it in the least degree beyond that evidence. And Mr. Walter Shirley admitted, that the noble lord at the bar had long intervals of reason. I endeavour to repeat the expression, and I think it was so. Mr. Robert Shirley told your lordships, that he had not seen the noble prisoner for four years past; that the last time of seeing Lord Ferrers was, at Burton upon Trent. He mentioned the carrying of pistols, and a large case knife, at that time. I understood him to say, that the noble lord generally did so; the witness had seen it only once; but from that circumstance he argued insanity. Your lordships will judge, whether this practice might not be owing to jealousy and violence of temper, as well as to lunacy and madness. The witness added, that he had written formerly to his brother Captain Washington Shirley, about taking out a commission of lunacy against Lord Ferrers; but I could not find, that any measures were taken in consequence of that opinion given by the witness, nor did he himself ever take any steps towards it, nor any branch of his family.

The last witness called, on behalf of the noble prisoner, was Doctor Monro. He was brought here to describe, what symptoms he considers as marks of lunacy or insanity. He said, that there were many; and on being asked particularly, as to the several symptoms suggested in this cause, Doctor Monro was led to speak principally of three marks of lunacy. The first was common fury, not caused by liquor, but raised by it. Surely this circumstance will not infer insanity. The next was, jealousy and suspicion, with causeless quarrelling. Do not many, who are not lunatics, suspect or quarrel without cause, and become dangerous to their neighbours? The third was, carrying arms; which (he said) though less usual, might be a mark of lunacy. And it is equally true, that such behaviour may prove, in many cases, a bad heart and vicious mind, as well as lunacy. My lords, the general observation, which occurs upon Dr. Monro's evidence, is this; that he did not describe any of those things, as absolute marks of lunacy, so as to denote every man a lunatic, who was subject to them. Indeed he could not have said it, consistently with common sense and experience.

This was the import of the evidence of the noble prisoner No witnesses were offered, on the part of the King, in reply to that evidence,

And, my lords, the reason why they were not offered was, because the counsel who attended your lordships for the King, choose to submit it to your opinions, whether the evidence produced for the prisoner does not tend to strengthen, rather than weaken, that proof of capacity, which arises out of all circumstances urged, in support of the charge? From those circumstances, I have already shewn, that the noble prisoner was conscious of what he did, at the time of the offence committed; that he weighed the motives; that he acted with deliberation; that he knew the consequences.

I will only take notice of one thing more. Your lordships have attended with great patience, and the most impartial regard to justice, to all the evidence, and every observation, which has been laid before you. You have seen the noble prisoner, for two days at your bar (though labouring under the weight of this charge), cross-examining the witnesses for the King, and examining his own in a manner so pertinent, as cannot be imputed merely to the hints and advice of those agents and counsel, with which you have indulged him. I am persuaded, from the appearance and conduct of the noble prisoner, that if the fact itself would have admitted doubts, and probable arguments, to repel the force of any one material circumstance, your lordships would have heard him press those arguments, with sense and sagacity.

But, my lords, the truth is, that the fact tried this day stands without alleviation. There is not a colour for the defence, unless it arises from the enormity of the crime, aggravated by the manner of committing it; an old, faithful servant of himself and his family, murdered in cold blood, whilst he was performing, by express orders, an act of dutiful attendance upon his master; murdered in the most deliberate and wilful manner, destructive of all confidence in human society. My lords, in some sense, every crime proceeds from insanity. All cruelty, all brutality, all revenge, all injustice, is insanity. There were philosophers, in ancient times, who held this opinion, as a strict maxim of their sect; and, my lords, the opinion is right in philosophy, but dangerous in judicature. It may have a useful and a noble influence, to regulate the conduct of men; to controul their impotent passions; to teach them, that virtue is the perfection of reason, as reason itself is the perfection of human nature; but not to extenuate crimes, nor to excuse those punishments, which the law adjudges to be their due.

My lords, the necessity of his Majesty's justice; the necessity of public example, called for this prosecution; and the effect of the whole evidence is submitted to the weight and wisdom of your judgment."

The peers unanimously found Lord Ferrers guilty, and on the 18th April, the third day of the trial, the Earl was brought up for judgment. His lordship being called upon to say why sentence of death should not pass, thus addressed the Court through the clerk.

"My lords, I must acknowledge myself infinitely obliged for the fair and candid trial your lordships have indulged me with.

I am extremely sorry that I have troubled your lordships with a defence that I was always much averse to, and has given me the greatest uneasiness; but was prevailed on by my family to attempt it, as it was what they themselves were persuaded of the truth of; and had proposed to prove me under the unhappy circumstances that have been ineffectually represented to your lordships.

This defence has put me off from what I proposed, and what perhaps might have taken off the malignity of the accusation; but, as there has been no proof made to your lordships, can only be deemed at this time my own assertion; but that I must leave to your lordships.

My lords, I have been informed of this intention of the family before; and your lordships, I hope, will be so good to consider, the agony of mind a man must be under, when his liberty and property are both attacked: my lords, under these unhappy circumstances, though the plea I have attempted was not sufficient to acquit me to your lordships, according to the laws of this country; yet I hope your lordships will think, that malice, represented by the counsel for the crown, could not subsist; as I was so unhappy as to have no person present at the time of the fatal accident, it was impossible for me to shew your lordships, that I was not at that instant possessed of my reason.

As the circumstances of my case are fresh in your lordships' memories, I hope your lordships will, in compassion to my infirmities, be kind enough to recommend me to his majesty's clemency.

My lords, as I am uncertain whether my unhappy case is within the late act of parliament, if your lordships should be of opinion that it is, I bumbly hope the power of respiting the execution will be extended in my favour, that I may have an opportunity of preparing myself for the great event, and that my friends may be permitted to have access to me. If any thing I have offered should be thought improper, I hope your lordships will impute it to the great distress I am under at this juncture." Lord High Steward. Has your lordship any thing else to offer?-Earl Ferrers. No.

Proclamation was then made for silence.

Lord High Steward. "Lawrence Earl Ferrers; His majesty, from his royal and equal regard to justice, and his steady attention to our constitution, (which hath endeared him in a wonderful manner to the universal duty and affection of his subjects) hath commanded this inquiry to be made, upon the blood of a very ordinary subject, against your lordship, a peer of this realm: your lordship hath been arraigned; hath pleaded, and put yourself on your peers; and they (whose judicature is founded and subsists in wisdom, honour, and justice) have unanimously found your lordship guilty of the felony and murder charged in the indictment.

It is usual, my lord, for courts of justice, before they pronounce the dreadful sentence pronounced by the law, to open to the prisoner the nature of the crime of which he is convicted; not in order to aggravate or afflict, but to awaken the mind to a due attention to, and consideration of, the unhappy situation into which he hath brought himself.

My lord, the crime of which your lordship is found guilty, murder, is incapable of aggravation; and it is impossible, but that, during your lordship's long confinement, you must have reflected upon it, represented to your mind in the deepest shades, and with all its train of dismal and detestable consequences.

As your lordship hath received no benefit, so you can derive no consolation from that refuge you seemed almost ashamed to take, under a pretended insanity; since it hath appeared to us all, from your crossexamination of the king's witnesses, that you recollected the minutest circumstances of facts and conversations, to which you and the witnesses only could be privy, with the exactness of a memory more than ordinary

sound; it is therefore as unnecessary as it would be painful to me, to dwell longer on a subject so black and dreadful.

It is with much more satisfaction, that I can remind your lordship, that though, from the present tribunal, before which you now stand, you can receive nothing but strict and equal justice; yet you are soon to appear before an Almighty Judge, whose unfathomable wisdom is able, by means incomprehensible to our narrow capacities, to reconcile justice with mercy; but your lordship's education must have informed you, and you are now to remember, such beneficence is only to be obtained by deep contrition, sound, unfeigned, and substantial repentance.

Confined strictly, as your lordship must be, for the very short remainder of your life, according to the provision of the late act; yet, from the wisdom of the legislature, which, to prevent as much as possible, this heinous and horrid offence of murder, hath added infamy to death; you will be still, if you please, entitled to converse and communicate with the ablest divines of the Protestant church, to whose pious care and consolation, in fervent prayer and devotion, I most cordially recommend your lordship.

Nothing remains for me, but to pronounce the dreadful sentence of the law; and the judgment of the law is, and this high court doth award, That you, Lawrence Earl Ferrers, return to the prison of the Tower, from whence you came; from thence you must be led to the place of execution, on Monday next, being the 21st day of this instant April; and when you come there, you must be hanged by the neck till you are dead, and your body must be dissected and anatomized.

And God Almighty be merciful to your soul!"

The prisoner was removed from the bar by the Lieutenant of the Tower. The commission of the High Steward was then dissolved, and the Court adjourned.

The following account of the execution of Earl Ferrers is to be found attached to most reports extant, of his lordship's trial.

The Sheriffs, on Monday, the 5th day of May, 1761, being attended by their under-sheriffs, and other proper officers, went to the outward gate of the Tower of London, and at nine o'clock in the morning sent notice to the Lieutenant that they were there, ready to receive the body of Lawrence Earl Ferrers, Viscount Tamworth, pursuant to the King's writ in that behalf.

His lordship being informed of it, sent a message to the sheriffs, requesting their permission that he might go in his own landau, which was waiting for him at the Tower, instead of the mourning-coach which had been provided by his friends; which request being granted, his lordship, attended by the Reverend Mr. Humphreys, the chaplain of the Tower, entered into his landau, drawn by six horses, and was conducted in it, by the officers of the Tower, to the outward gate, and there delivered into the custody of the sheriffs, upon their giving the following receipt :

"Tower-Hill, 5th May, 1760.

"Received then of Charles Rainsford, Esq., Deputy-Lieutenant of the Tower of London, the body of the within-named Lawrence Earl Ferrers, Viscount Tamworth, delivered to us in obedience of the King's writ, of which the within is a true copy.-GEO. ERRINGTON, PAUL VAILLANT, Sheriffs of London and Sheriff of Middlesex."

Mr. Sheriff Vaillant accompanied his lordship in the landau from the Tower gate to the place of execution; and, upon his entrance into it, addressing himself to his lordship, he told him, That it gave him the highest concern to wait upon him upon so melancholy an occasion, but he would do everything in his power to render his situation as easy as possible; and hoped that, whatever he did, his lordship would impute to the necessary discharge of his duty.-To which his lordship answered, Sir, I am very much obliged to you, I take it very kindly that you are pleased to accompany me.-His lordship being dressed in a suit of light clothes, embroidered with silver, said, You may, perhaps, Sir, think it strange to see me in this dress, but I have my particular reasons for it. The civil and military powers attended the sheriffs from thence to the place of execution, and the procession was as follows:

First, a very large body of the constables for the county of Middlesex (the greatest probably that ever had been assembled together on any occasion), preceded by one of the high-constables.

Then a party of horse-grenadiers, and a party of foot;

Then Mr. Sheriff Errington in his chariot, accompanied therein by his under-sheriff Mr. Jackson;

Then followed the landau, escorted by two other of horse-grenadiers and foot;

Then Mr. Sheriff Vaillant's chariot, in which was his under-sheriff Mr. Nicolls;

Then a mourning coach and six ;

And, lastly, a hearse and six, which was provided for the conveyance of his lordship's corpse from the place of execution to Surgeons-Hall.

The procession was conducted with the utmost solemnity; but moved so very slow, that it did not reach the place of execution till a quarter before twelve, so that his lordship was two hours and three quarters in the landau; during the whole of which time he appeared to be perfectly easy and composed, and his decent deportment seemed greatly to affect the minds of all who beheld him; insomuch that although his lordship thus passed many hundred thousand spectators, yet so respectful was the behaviour of all towards him, that not the least affront or indignity was offered to him by any one; but, on the contrary, many persons saluted him with their prayers for his salvation.

His lordship asked the sheriff, if he had ever seen so great a concourse of people before? and upon his answering that he had not; I suppose, said his lordship, it is, because they never saw a lord hanged before. He said, that he had wrote to the king, to beg that he might suffer where his ancestor the Earl of Essex had suffered; and that he was in the greater hopes of obtaining the favour, as he had the honour of quartering part of the same arms, and of being allied to his majesty, and that he thought it was hard that he must die at the place appointed for the execution of common felons. But whatever his lordship's thoughts were upon that account, those considerations will for ever throw an additional lustre on his majesty's impartiality and justice.

Mr. Humphries the chaplain, who, it seems, had not attended his lordship till this morning, took occasion to observe, that the world would naturally be very inquisitive concerning the religion his lordship professed; and asked him, If he chose to say any thing upon that subject? To which his lordship answered, That he did not think himself at all ac