Page:Life of Edmond Malone.djvu/367

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MALONIANA.
347

question how far the privilege of Parliament extended; that it contained all the eloquence and all the law he was master of; that it was fairly written out; and that he had no other copy. Mr. Daines Barrington informed me that the book here alluded to contained eight speeches made in the House of Lords; all fairly written for the press, and now irreparably lost.

When Lord Mansfield (then Mr. Murray) was examined before the Privy Council about the year 1747, for drinking the Pretender’s health on his knees (which he certainly did), it was urged against him, among other things, to show how strong a well-wisher he was to the cause of the exiled family, that, when he was employed as Solicitor-General against the rebels who were tried in 1746, he had never used that term, but always called them unfortunate gentlemen. When he came to his defence he said the fact was true; and he should only say that “he pitied that man’s loyalty, who thought that epithets could add to the guilt of treason!” an admirable instance of a dexterous and subtle evasion.


Lord Mansfield’s general method in his speeches in the House of Lords is to lay down some clear first principles, commonly those which the adverse party have most relied upon. He allows all the force of the precedents quoted, and the propriety of the general doctrines in favour of constitutional liberty for which the patriots of the last two centuries have struggled so hard; and then by some nice and subtle distinctions, to show that the particular case