:

den from him for this thing was not done in a corner. King Agrippa, believeft thou the prophets? I know that thou believest. Then Agrippa faid to Paul, "almost thou perfuadeft me to be a Chriftian." And Paul replied, "I would to God, that not only thou, but also all that hear me this day, were both almost, and altogether fuch as I am, except these bonds.”*

ACTS XXVI.

SECTION IV.'

LORD MANSFIELD'S SPEECH IN THE HOUSE OF PEERS, 1770, ON THE BILL FOR PREVENTING THE DELAYS OF JUSTICE, BY CLAIMING THE

MY LORDS

PRIVILEGE OF PARLIAMENT,

WHEN I Confider the importance of this bill to your lordfhips, I am not surprised it has taken up fo much of your confideration. It is a bill, indeed, of no common magnitude;, it is no less than to take away from two thirds of the legislative body of this great kingdom, certain privileges and immunities of which they have been long poffeffed. Perhaps there is no fituation the human mind can be placed in, that is fo difficult and fo trying, as when it is made a judge in its own caufe. There is fomething implanted in the breast of man fo attached to felf, fo tenacious of privi leges once obtained, that in fuch a fituation, either to dif cufs with impartiality, or decide with juftice, has ever been held the fummit of all human virtue. The bill now in queftion puts your lordships in this very predicament; and I doubt not but the wildom of your decifion will convince the world, that where felf intereft and juftice are in oppofite foales, the latter will ever preponderate with your lordships.

Privileges have been granted to legiflators in all ages, and in all countries. The practice is founded in wisdom; and, indeed, it is peculiarly effential to the conftitution of this country, that the members of both houfes fhould be free in their perfons, in cafes of civil faits : for there may come a

How happy was this great Apostle, even in the most perilous cir cumstances! Though under bonds and oppreffion, his mind was free, and raised above every fear of man. With what dignity and compofure does he defend himself, and the noble caufe he had efpoufed while he difplays the most compaflionate and generous feelings for those who were ftrangers to the fublime religion by which he was animated!

time when the fafety and welfare of this whole empire, may depend upon their attendance in parliament. I am far from advising any measure that would in future endanger the ftate but the bill before your lordships has, I am confident, no fuch tendency; for it exprefsly fecures the perfons of members of either house in all civil fuits. This being the cafe, I confefs, when I fee many noble lords, for whose judgment I have a very great respect, ftanding up to oppofe a bill which is calculated merely to facilitate the recovery of juft and legal debts, I am astonished and amazed. They, I doubt not, oppose the bill upon public principles : I would not wifh to infinuate, that private interest had the leaft weight in their determination.

The bill has been frequently propofed, and as frequently has mifcarried but it was always loft in the lower house. Little did I think, when it had paffed the commons, that it poffibly could have met with fuch oppofition here. Shall it be faid, that you, my lords, the grand council of the nation, the highest judicial and legislative body of the realm, endeavour to evade, by privilege, thofe very laws which you enforce on your fellow fubjects? Forbid it justice! I am fure, were the noble lords as well acquainted as I am, with but half the difficulties and delays occafioned in the courts of justice, under pretence of privilege, they would not, nay, they could not, oppofe the bill.

I have waited with patience to hear what arguments might be urged against the bill; but I have waited in vain ; the truth is, there is no argument that can weigh against it. The juftice and expediency of the bill are fuch as render it felfevident. It is a propofition of that nature, that can neither be weakened by argument, nor entangled with fophiftry. Much, indeed, has been faid by fome noble lords, on the wisdom of our ancestors, and how differently they thought from us. They not only decreed, that privilege fhould prevent all civil faits from proceeding during the fitting of parliament, but likewife granted protection to the very fervants of members. I fhall fay nothing on the wifdom of our ancestors; it might perhaps appear invidious: that is not necessary in the prefent cafe. I fhall only fay, that the noble lords, who flatter themselves with the weight of that reflection, fhould remember, that, as circumftances alter, things themfelves fhould alter. Formerly, it was not

fo fashionable either for masters or fervants to run in debt, as it is at prefent. Formerly we were not that great commercial nation we are at prefent; nor formerly were merchants and manufacturers members of parliament, as at prefent. The cafe is now very different: both merchants and manufacturers are, with great propriety, elected members of the lower houfe. Commerce having thus got into the legislative body of the kingdom, privilege must be done away. We all know, that the very foul and effence of trade are regular payments; and fad experience teaches us, that there are men, who will not make their regular payments without the compulfive power of the laws. The law then ought to be equally open to all. Any exemption to particular men, or particular ranks of men, is, in a free and commercial country, a folecism of the groffeft nature.

But I will not trouble your lordships with arguments for that, which is fufficiently evident without any. I fhall only fay a few words to fome noble lords, who forefee much inconveniency, from the perfons of their fervants being liable to be arrested. One noble lord obferves, That the coachman of a peer may be arrested, while he is driving his mafter to the House, and that, consequently, he will not be able to attend his duty in parliament. If this were actually to happen, there are so many methods by which the member might ftill get to the Houfe, that I can hardly think the noble lord is ferious in his objection. Another noble peer said, That, by this bill, one might lose his most valuable and honeft fervants. This I hold to be a contradiction in terms: for he can neither be a valuable servant, nor an honest man, who gets into debt which he is neither able nor willing to pay, till compelled by the law. If my fervant by unfore feen accidents, has got into debt, and I still wish to retain him, I certainly would pay the demand. But upon no principle of liberal legislation whatever, can my fervant have a title to fet his creditors at defiance, while, for forty fhillings only, the honest tradesman may be torn from his family, and locked up in a gaol. It is monftrous injuftice! I flatter myfelf, however, the determination of this day will entirely put an end to all fuch partial proceedings for the future, by paffing into a law the bill now under your lordfhips' confideration. ships'

I come now to fpeak, upon what, indeed, I would have

gladly avoided, had I not been particularly pointed at, for the part I have taken in this bill. It has been faid, by a noble lord on my left hand, that I likewife am running the race of popularity. If the noble lord means by popularity, that applause bestowed by after-ages on good and virtuous actions, I have long been struggling in that race to what purpofe, all-trying time can alone determine. But if the noble lord means that mushroom popularity, which is raised without merit, and loft without a crime, he is much miftaken in his opinion. I defy the noble lord to point out a fingle action of my life, in which the popularity of the times ever had the smallest influence on my determinations. I thank God I have a more permanent and fteady rule for my conduct, the dictates of my own breast. Those who have foregone that pleafing advifer, and given up their mind to be the flave of every popular impulfe, I fincerely pity: I pity them still more, if their vanity leads them to mistake the fhouts of a mob, for the trumpet of fame. Experience. might inform them, that many, who have been faluted with the huzzas of a crowd one day, have received their execra tions the next; and many, who, by the popularity of their times, have been held up as fpotlefs patriots, have, neverthelefs, appeared upon the hiftorian's page, when truth has triumphed over delufion, the affaffins of liberty. Why then. the noble lord can think I am ambitious of prefent popularity, that echo of folly, and fhadow of renown, I am at a lofs to determine. Befides, I do not know that the bill now before your lordships will be popular it depends much upon the caprice of the day. It may not be popular to com pel people to pay their debts; and, in that cafe, the prefent must be a very unpopular bill. It may not be popular nei ther to take away any of the privileges of parliament; for I very well remember, and many of your lordships may remember, that, not long ago, the popular cry was for the extenfion of privilege; and fo far did they carry it at that time, that it was faid, the privilege protected members even in criminal actions; nay, fuch was the power of popular prejudices over weak minds, that the very decifions of fame of the courts were tinctured with that doctrine. It was una doubtedly an abominable doctrine; I thought fo then, and I think fo ftill; but, nevertheless, it was a popular atrine, and came immediately from those who are called the friends

of liberty; how defervedly, time will fhow. True liberty, in my opinion, can only exift when juftice is equally adminiftered to all; to the king and to the beggar. Where is

the juftice then, or where is the law that protects a member of parliament more than any other man, from the punishment due to his crimes? The laws of this country allow of no place, nor any employment to be a fanctuary for crimes; and where I have the honour to fit as judge, neither royal favour, nor popular applause, shall ever protect the guilty.

I have now only to beg pardon for having employed fo much of your lordthips' time; and I am forry a bill, fraught with fo many good confequences, has not met with an abler advocate but I doubt not your lordships' determination will convince the world, that a bill, calculated to contribute fo much to the equal diftribution of juftice as the prefent, requires with your lordships but very little fupport.

SECTION V.

AN ADDRESS TO YOUNG PERSONS

I INTEND, in this addrefs, to fhow you the importance of beginning early to give ferious attention to your conduct. As foon as you are capable of reflection, you must perceive that there is a right and a wrong, in human actions. You fee, that those who are born with the fame advantages of fortune, are not all equally profperous in the courfe of life. While fome of them, by wife and steady conduct, attain diftinction in the world, and pafs their days with comfort and honour; others, of the fame rank, by mean and vicious behaviour, forfeit the advantages of their birth; involve themselves in much misery; and end in being a difgrace to their friends, and a burden on fociety. Early, then, may you learn, that it is not on the external condition in which you find yourselves placed, but on the part which you are to act, that your welfare or unhappiness, your honour or infamy, depends. Now, when beginning to act that part, what can be of greater moment, than to regulate your plan of conduct with the most serious attention, before you have yet committed any fatal or irretrievable errors? If instead of exerting reflection for this valuable purpose, you deliver yourfelves up, at fo critical a time, to floth and pleasure; if you refufe to liften to any counsellor but humour, or to attend to any pursuit