This is a reproduction of a library book that was digitized by Google as part of an ongoing effort to preserve the information in books and make it universally accessible. https://books.google.com 600022315 V I Sir Thomas Lawrence, Pinx. S. Ayllng, Photo. anwAaii — Lois a&StMi LORD CHIEF JUSTICE, 1801. 1 1 J ► -.Li'1-'*- '" ^OOME STREET, 1867. J2./0. e SELECT BIOGRAPHICAL SKETCHES FROM THE Note- Books of a Law Reporter. WILLIAM HEATH BENNET, Esq., OF LINCOLN'S INN, BARRISTER-AT-LAW. LONDON: GEORGE ROUTLEDGE and SONS, BROADWAY, LUDGATE HILL. NEW YORK: 416, BROOME STREET. 1867. J2./0. e //i?, LONDON : PRINTED BY TIIOMAS SCOTT, WARWICK CCURT, HOLBOBN. 7° THE EIGHT HONORABLE WILLIAM HENRY, BARON LEIGH, STONELEIGH, LORD LIEUTENANT OF THE COUNTY OF WARWICK; CUSTOS BOTULORUMj TRUSTEE OF BUSBY SCHOOL, 4c. Sc. &c. Qgfcfff gfUtthtt WITH HIS LORDSHIP'S PERMISSION, F ESPECTFULLY DEDICATED, THE AUTHOR. PREFACE. The following Sketches — for they pretend to little more than the word imports — were, at the time they were penned, thrown off without any intention of seeking for literary fame as the result of their publication. I entreat my readers to bear this in remem brance. The earlier ones appeared in a legal weekly periodical at the end of last year, and were received with some favour by many of its readers. I was subsequently advised to collect them in a separate form, to re-cast, and to enlarge them, as better adapted for more general circulation and perusal. This I have now done, and have added perhaps the more attractive feature to the Essays — Photographic Portraits of the eminent men upon whose lives and talents I have thus ventured to comment. VI PREFACE. Should these Sketches meet with the approba tion of the Public, there are some odd leaves in my old Note-Books, which contain others, from which I may at a future time make a selection. I have to offer my sincere thanks to many of my Legal Friends, who have kindly assisted me in this compilation. In a work comprising many small facts and dates, some inaccuracies in those respects may probably have crept in ; any communication which will enable me to rectify them will be thankfully received. Chancery Lane, 1st December, 1866. CONTENTS. Introduction. Page Note-Books — Anecdote of the late Earl of Ellesmere— Yarmouth Election Petition, 1835 — Of Lord Chancellor Nottingham — Reasons for Publishing — Reminiscences 1-5 Sketch I. LORD ELLENBOROUGH. Birth, Parentage, and Education — Entered at Lincoln's Inn, 1776 — Engaged for the Defence of Warren Hastings — Hastings the Friend of our Indian Empire — His Trial — Acquittal, 1795 — Lord Brougham's Remarks thereon — Ellenborough's Speech — Attorney-General, 1801 — Appointed Lord Chief Justice and Peer — Choice of his Title — Chief Justice fifteen years — His Death in 1818 — His Person— Member of the Volunteer Corps of Lincoln's Inn — Sayings of the Drill Serjeant as to Ellenborough — Mr. Mitford — Sir Vicary Gibbs — Verdict obtained by the Writer, when a Youth, before Lord Ellenborough — Lord Ellenborough and Erskine — Anecdote — His fastidiousness as to Words — Letter of Lord Eldon thereon — Extract from Diary of Sir Samuel Romilly as to the Bill for Stealing in a Shop — Deportment of Lord Ellenborough on the Bench — His Character ... ... 7-17 Sketch II. SIR SAMUEL ROMILLY. Introduction— Birth, Parentage, and Education — Circumstances of his Early Youth as described by Himself — His Course of Vlll CONTEXTS. Page Study — Placed in the Six Clerks' Office under Mr. Lally — Description of him — M. Roget — Entered at Gray's Inn — Pupil of Jeffries Spranger — Chancellor Duguesseau— Effect of Study on his Health — Bath Waters — Riots of Lord George Gordon, 1780 — Sentry at Gray's Inn Gate — Studies the Italian Language as a Diversion — Proceeds to Geneva- Acquaintance with D union t, and friendship — D'Alembert and others — Encouragement by Sensible Women — Called to the Bar, 1783 — Midland Circuit — Attendance in the Houses of Parliament — His Letters at this Time — Quarter Sessions — Saying of Mr. Justice Heath — Practice in Chancery — Promotion of Sir John Scott — His Marriage, 1798 — Circumstances of his first meeting with Lady Romilly, as related by himself — King's Counsel, 1800— Leader of the Equity Bar— Visit to Paris in 1802— Chancellor of Durham, 1805 — Solicitor-General, 1806 — Member for Queenborough — First took his Seat, March, 1806 —Dissolution of Parliament — Ceases to be Solicitor-General — Returned for Horsham — Petition against — Returned for Wareham — For Arundel — Nominated for Bristol — Unsuccess ful—Personal Anecdote — Case of Mary Ann Dix — Consistory Court — Penance — Writ de Excommunicato Capiendo — De Heretico Comburendo — Dissolution of Parliament, 1818 — Returned for Westminster — Anecdote of this Election — His Death, November, 1818— His Character as an Advocate — His Dislike to his Profession — His Eloquence and Manner of Delivery — Difference of his Manner in Court and in the House of Commons — Huguenin v. Baseley — As a Jurist — Essay on the Prison of the Bicetre — Mirabeau — Tract on " Duties of Juries in Cases of Libel" — Introduction to Lord Lansdowne — Answer to Madan's "Thoughts on Executive Justice" — Tract on the Criminal Laws, 1810— On Codification of the Law — Edinburgh Review, No. 57 — Papers found after his Death as to various contemplated Amendments of the Law, &c. — As a Legislator — Subjects on which he attempted Reforms — No Friend to Universal Suffrage or Annnal Parliaments — Speech on the Case of the Duke of York — Disinterested ness — Last Speech in Parliament — Summary — Eloge de livered by Mr. Benjamin Constant before the Athene Royal in Paris, 26 December, 1818 19-55 CONTENTS. IX Sketch III. LORD ELDON. Page Introduction, Birth, Parentage, and Education — Autobiogra phical Anecdotes of his early Life — Entered at University College, Oxford, May, 1766— Fellow, July, 1767— Prize Essay, " The Advantages and Disadvantages of Foreign Travel" — Jocose Letter to a Friend — Elopement and Marriage — November, 1772 — Miss Elizabeth Surtees — Reconciliation with their Parents — Deeds of Gift executed by them — Anecdote as to their second Marriage Ceremony — Arrival at Oxford — Entered as Student at the Middle Temple, January, 1773 — Anecdote of Dr. Johnson — Arrival in London — " First Perch" — Pupil of Douane, the Conveyancer — Called to the Bar, February, 1776 — First Fees — Joins the Northern Circuit — Resolves to leave London — Akroyd v. Smilhson — Clitheroe Election Petition — Remains in Town — Paucity of Written Opinions on Cases — Reason — Anecdote of Mr. Rous and Mr. Serjeant Heath — Patent of Precedency, June, 1783 — Returned for Weobly — Maiden Speeches of Scott and Erskine same day His Speech on the India Bill — Chancellor of Durham, March, 1787 — Solicitor-General same year — Malady of George III. — His Advice thereupon — Increase of Business— Purchase of an Estate at Eldon in Durham — Attorney-General, 1793 — State of Domestic Politics — Paine's " Rights of Man" — " Age of Reason" — Trials for Sedition — Home Tooke — Thelwall — Hardy, &c. — Result — Anecdote or Pitt and Scott when Attorney-General — Anecdote of Lord Macaulay and Richard Groom, Esq. — India Board — Chief Justice of the Common Pleas, July, 1799 — and Peer — Great Seal delivered to him by George III. — High Steward of the University of Oxford- Dissensions between George III. and the Prince of Wales — Anecdote — Resigns the Chancellorship, February, 180G — New Ministry— "All the Talents"— Second time Lord Chancellor, March, 1807 — Letters to his Nephews on the Study of the Common Law — Noy's " Grounds and Maxims" — Perkin's " Profitable Book" — His Influence in the Councils of Govern ment — Corn Law Ri6ts, 1814 — Attack on his House — Escape CONTENTS. Page therefrom — Creation of the Court of Vice-Chancellor — Present at the Birth of Her present Majesty — Prophecy — Trial of Queen Caroline — Created Earl — Anecdote as to Execution of certain Deeds — " Equitable Loan Bill" — Anecdote — Advance ment of his Grandson on proceeding to College — Anecdote — Attestation of his Will — Opposition to Measures in Parliament — Banquet at the Hall of the Middle Temple, aged 82 — Last Address in the Lords — His Death, January, 1838— His Cha racter as Judge and in private— His Defects as a Judge — Ob servations of Lord Brougham on Lord Eldon 57-96 Sketch IV. LORD TRURO. Introduction — Birth —Parentage and Education — Repugnance to his Profession — Anecdote — His Career a Useful Example to Youth — Commences Practice as an Attorney and Solicitor — Enters as a Student at the Inner Temple, March, 1811 — Special Pleader — Called to the Bar, February, 1817 — Selected as one of the Counsel for Queen Caroline, 1820 — Circumstances antecedent to — Her coming to England — Treaty to remain abroad — Arrival in England — Impromptu on the Royal Salute at Dover — Arrival in London — Messages to both Houses of Parliament — "Absolute Wisdom" — Bill of Pains and Penal ties introduced — Public Excitement — Counsel engaged — An important Question put by Mr. Wilde to one of the Witnesses for the Prosecution — Opinion of the Judges taken thereon — Serjeant-at-Law, 1824 — Anticipation of his Success by Lord Eldon — Anecdote as to his Assiduity in a Case — Consultations thereon — A similar Anecdote of Mr. Serjeant Copley — Toss ing for the Serjeant's Retainer — Small v. Atwood— Practice to launch a Cause for Plaintiff — Altercations with the Judges — King's Serjeant, 1827 — Returned as Member for Newark, June, 1831 —Solicitor-General, 1839 — Attorney-General,