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 r 1 ■ THE LIVES OK TWELVE EMINENT JUDGES OF THE LAST AND OF THE PRESENT CENTURY. WILLIAM C. TOWNSEND, ESQ. M.A. RECORDER OF MACCLESFIELD. IN TWO VOLUMES. VOL. I. LONDON: PRINTED KOR LONGMAN, BROWN, GREEN, AND LONGMANS, PATERNOSTER-ROW. 1846. i BOUND APR 5 1910 London : Printed by A. Spottiswoode, New- St reet- Square. PREFACE. The praise bestowed by the Quarterly and Edinburgh Reviews * upon two of the lives in these volumes, as originally published in the Law Magazine, has in duced the Author to believe that a collection of Me moirs of Eminent Modern Judges would not be un acceptable to the profession and to the public generally. The characters and fortunes of those great men who have added reverence to the judgment-seat during the last half century can scarcely fail to furnish topics of varied interest, and amusement. Commencing with the mighty master of common law, Sir Francis Buller, their history includes those eloquent holders of the Great Seal, Lords Loughborough and Erskine ; the three admirable chiefs of the Queen's Bench, Lords Kenyon, Ellenborough, and Tenterden ; those memor able Masters of the Rolls, Lord Alvanley and Sir William Grant ; those scientific lawyers, the one in real property, the other in common law, Lord Redes - dale and Sir Vicary Gibbs ; and ends with the for tunate brothers — not more fortunate than deserving — Lords Stowell and Eldon. In the biographies of these revered magistrates, whose contemporary course reflects light upon each other, and illustrates the legal annals of our times, • Reviews of the Life of Lord Eldon by Twiss, and of Lord Stowell. A 2 iv PREFACE. there are comprehended records of eloquent debate, and able statesmanship, and useful legislation ; many bright passages of national history ; reports of those eventful trials which move the feelings, and stir the blood ; the struggles and triumphs of advocacy ; the narrative of early disappointments and severe priva tions ; of persevering diligence, determined fortitude, and unwearied hope ; of the lucky chance and crown ing victory; the clouded opening of their fortunes and its serene close ; the mode and manner, so well worth studying, in which these intellectual prizemen, " bankrupt of health and prodigal of ease," achieved wealth, titles, and fame. We trace the gradual ascent of the surgeon's boy, and the barber's son, up the rugged steep, and rejoice over the course of the brothers Scott, working their way from the coal-fitter's yard at Newcastle, to the height of civil greatness — teaching the valuable lesson fraught with courage and constancy to the profession, that neither lowliness of birth, nor absence of fortune, nor delay of opportunity, is sufficient to crush or subdue the progressive and expanding force of talent and industry. But as the bold counsel, " Tu ne cede malis sed contra audentior ito," could be addressed with safety to the true mariner alone, it is the real lawyer only who should derive encouragement from these Memoirs and may afford to be sanguine. In proportion, however, to the interest, is the peril of the task, the topics and persons discussed being comparatively modern. The fear of inflicting pain upon survivors by any indiscreet statement, an PREFACE. V anxious wish not to wound the sensitive feelings of relatives by any mistaken impression or unguarded criticism, the dangers of error, — have long deterred the Writer from a work which he would not even now have undertaken but for the sanction of those who are interested in the truth of his details. He has been studious to reconcile the most scrupulous sense of discretion and delicacy with a faithful and accurate likeness of each of the distinguished Personages, in herently too great to have their features distorted by flattery. The use of biography teaching by examples would be imperfect, and the portraiture of legal worthies as deceitful as that of the limner of royalty when required to paint without shade, were defects of temper cautiously suppressed, and all infirmities of character planed away. The Author feels too deep a reverence for the sanctity of the judicial character to be wilfully guilty of detraction. In the most excited times of party violence their order has been respected. When all that we hold most venerable and worthy of esteem was assailed with calumny, when the peers and prelates incurred groundless imputations, not a whisper was breathed against the mirror-like purity of the judicial character ; upon its absolute integrity there did not rest even for a moment the gliding shadow of suspicion. From a consideration of delicacy due to relatives, the biographer has in every instance where there were immediate descendants surviving, requested and ob tained permission to publish these Memoirs. To the Earl of Eldon, to Lords Kenyon, Alvanley, Redesdale, and Tenterden, and to the Hon. Thomas Erskine, his A s vi PREFACE. acknowledgments are especially due for the courtesy with which the permission was conceded. For the accuracy of the facts and justice of the comments, he is alone responsible. A third of the contents of these volumes is new, the remainder has been carefully revised, and diligence used — with what success the reader must decide — to make them correct. The number Twelve has been accidental, and not chosen from any supposed analogy which the Twelve Common-Law Judges were once supposed to bear to the Twelve Tribes, or Twelve Tables, or Twelve Caesars. Indeed, as only six of these Judges belong to the Common-Law courts, the numbers, on Sir Edward Coke's reasoning, would be scarcely apposite. To mention all to whom the Writer is under obliga tion, might savour of ostentation. The principal are named in the notes. He would be guilty of ingra titude, however, were he not to record his thanks to A. Hayward, Esq., Q.C., for many years the accom plished editor of the Law Magazine. Temple, May 29. 1846. CONTENTS or THE FIRST VOLUME. CHAPTER L <* LIFE OF MR. JUSTICE BULLER. Burke and Buller compared. Pedigree of this great Lawyer. Early Industry. Marriage at Seventeen. Talents as Special Pleader ; as Advocate. Treatise on the Law of Nisi Prius. Judge at Thirty- two ; the youngest in judicial History. Instances of his eminent Ability. Disappointment in not succeeding Lord Mansfield. Trial of Donellan. The Judge libelled as Judge Thumb. His Acute- ness and sound Law. Trial of O'Coigly and O'Connor, and his attempted Escape. Buller's Altercation with Erskine. The Judge too severely tasked. Premature Death. Anecdotes and Description of Sir Francis Buller in private Life and in Society. An active Patron of Merit - - - - Pages 1—32 CHAPTER II. O LIFE OF LORD KENYON. An old-fashioned and righteous Judge, like Sir Leoline Jenkins. Mr. Kenyon's Parentage and early History. Articled to an Attorney at Nantwich. Wrote Poetry. Removed to Brick Court. Intense Industry and Economy. Fellow Student with Dunning and Home Tooke. Ten Years unsuccessful after his Call. Married at Thirty- nine. Acquired by dogged diligence a large chamber Practice. Counsel for Lord George Gordon. Independent Attorney-General. A bad Courtier. Assailed in the Rolliad. Able Master of the Rolls. Most learned and peremptory Chief Justice. Skirmishes with Clif ford and Home Tooke. Severe to Lawless. An austere Moralist and Censor Morum. Punished Libel and Blasphemy with a heavy Hand. Tm CONTENTS. Not choice in his Language, or Latin, but forcible. Emphatic Defender of the Rights of Property. Humane Criminal Judge. Pages 33—86 CHAPTER III. LIFE OF LORU KENYON CONCLUDED. Trials of Spence and Williams the Bookseller. Lord Mansfield com pared with Lord Kenyon. A perfect Lawyer, bad political Economist. Not partial to Speaking in the House of Lords. A stout Champion of their Privileges. Corresponds with George the Third on the Roman Catholic Question. Grief on his Son's fatal Illness and Death. Anecdotes of his private Life. Religious, moral, parsi- monious, the most able of Lawyers, and honest of Men 87 — 128 CHAPTER IV. C LIFE OF LOKD ALVANLEY. Antiquity of the Family. Arden's Career at College. Friendship with Pitt. Early patronized. Judge in South Wales. Ready Debater. Conflicts in the House. Jests on his personal Plainness. Attorney- General and Chief Justice of Chester. Singular patent Case. Disliked by Lord Thurlow. Sir R. Arden's Equanimity. An excellent Master of the Rolls. Thelluson's Case. Ennobled with only a slender fortune. Chief Justice of the Common Pleas. His Ability as Judge. Close of his Life. Generally beloved. Of a hasty Temper ---. 129— l6l CHAPTER V. O LIFE OF LOBD LOUGHBOROUGH. Fame of an Advocate and Player equally evanescent. Wedderburn's Youth at Edinburgh. Select Society. Poker Club-quarrel with Lock- hart. Exchanged the Scottish for English Bar. Taught Elocution by Sheridan and Macklin. Niched into the Rosciad. Little scrupulous in obtaining professional Business. Douglas' Case. Admirable in the House of Commons and versatile. Instances. Connection with Lord Clive. Letters between them. Conforms to Ministers. Lashes Dr. Franklin. Recommends a military Force to disperse the Rioters of 1780. Created Chief Justice of Common Pleas, and tries the Rioters. Judge and opposition Leader. Advises Fox on the Re gency Question. Negotiates with Dundas. Lord Chancellor. 162—204. CONTENTS. CHAPTER VI. LIFE OF LORD LOUG1IBOROUGH CONCLUDED. The Chancellor's judicial Oratory and Merits. Case of Myddleton v. Lord Kenyon and Mr. Wrangham. Sir J. Sinclair's Anecdote of the Chancellor's scrupulous Integrity as Judge. Quarrel between the Baronet and Head of the Law. His Failure of Voice in the House of Lords.