of the decifion. In the first inftance you deny the power abfolutely. In the fecond, you admit the power, provided it be legally exercifed. Now, my Lord, without pretending to reconcile the diftinctions of Weftminfter hall with the fimple information of common fenfe, or the integrity of fair argument, I fhall be understood by your Lordship when I affert that, if a jury or any other court of judicature (for jurors are judges) have no right to entertain a caufe, or queftion of law, it fignifies nothing whether their decifion be or be not ac. cording to law. Their decifion is in itself a mere nullity-the parties are not bound to fubmit to it; and, if the jury run any rifque of punishment, it is not for pronouncing a corrupt or illegal verdict, but for the illegality of meddling with a point on which they have no legal authority to decide.

I cannot quit this fubject without reminding your Lordship of the name of Mr. Benfon. Without offering any legal objection, you ordered a spe. cial juryman to be fet afide in a caufe where the King was profecutor. The novelty of the fact required explanation. Will you condefcend to tell the world by what law or cuftom you were authorifed to make a peremptory challenge of juryman? The parties indeed have this power, and perhaps your Lordship, having accustomed your

a

felf

felf to unite the characters of judge and party, may claim it in virtue of the new capacity you have affumed, and profit by your own wrong. The time, within which you might have been punished for this daring attempt to pack a jury, is, I fear, elapfed; but no length of time shall erafe the record of it.

The mischiefs you have done this country are not confined to your interpretation of the laws. You are a minifter, my Lord, and, as fuch, have long been confulted. Let us candidly examine what ufe you have made of your minifterial influence. I will not defcend to little matters, but come at once to thofe important points, on which your refolution was waited for, on which the expectation of your opinion kept a great part of the nation in fufpence.-A conftitutional queftion arifes upon a declaration of the law of parliament, by which the freedom of election, and the birthright of the fubject, were fuppofed to have been invaded-The King's fervants are accused of violating the conftitution.- -The nation is in a ferment.- The ableft men of all parties engage in the queftion, and exert their utmost abilities in the difcuffion of it.-What part has the honest Lord Mansfield acted? As an eminent judge of the law, his opinion would have been refpected.

As

As a peer, he had a right to demand an audience of his fovereign, and inform him that his minifters were pursuing unconftitional measures.Upon other occafions, my Lord, you have no difficulty in finding your way into the clofet. The pretended neutrality of belonging to no party will not fave your reputation. In questions merely political, an honest man may ftand neuter. But the laws and conftitution are the general property of the subject—not to defend is to relinquish ;—and who is there fo fenfelefs as to renounce his share in a common benefit, unless he hopes to profit by a new division of the fpoil. As a lord of parlia ment you were repeatedly called upon to condemn or defend the new law declared by the house of Commons. You affected to have fcruples, and every expedient was attempted to remove them.The question was propofed, and urged to you in a thousand different shapes.- Your prudence ftill fupplied you with evasion;

your refolution

was invincible. For my own part, I am not anxious to penetrate this folemn fecret. I care not to whose wisdom it is intrusted, nor how foon you carry it with you to your grave. You have betrayed your opinion by the very care you have taken to conceal it. It is not from Lord Mansfield that we expect any referve in declaring his

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real

real fentiments in favour of government, or in opposition to the people; nor is it difficult to account for the motions of a timid, dishonest heart, which neither has virtue enough to acknowledge truth, nor courage to contradict it.-Yet you continue to fupport an adminiftration which you know is univerfally odious, and which, on fome occafions, you yourself speak of with contempt. You would fain be thought to take no share in government, while, in reality, you are the main spring of the machine.-Here too we trace the little, prudential policy of a Scotchman.

Inftead of acting that open, generous part, which becomes your rank and station, you meanly skulk into the closet, and give your fovereign such advice as you have not spirit to avow or defend. You fecretly ingrofs the power, while you decline the title of minister; and though you dare not be Chancellor, you know how to fecure the emoluments of the office.-Are the feals to be for ever in commiffion, that you may enjoy five thousand pounds a year?-I beg pardon, my Lord;-your fears have interpofed at last, and forced you to refign. The odium of continuing Speaker of the House of Lords, upon fuch terms, was too formidable to be refifted. What a multitude of bad paffions are forced to fubmit to a conftitutional in

firmity!

firmity! But though you have relinquished the fa lary, you still affume the rights of a minifter.Your conduct, it feems, must be defended in parliament. For what other purpofe is your wretched friend, that miferable ferjeant, pofted to the House. of Commons? Is it in the abilities of Mr. Leigh to defend the great Lord Mansfield ?—Or is he only the Punch of the Puppet-show, to speak as he is prompted by the CHIEF JUGGLER behind the curtain ?

In public affairs, my Lord, cunning, let it be ever fo well wrought, will not conduct a man honourably through life. Like bad money, it may be current for a time, but it will foon be cried down. It cannot confift with a liberal spirit, tho' it be fometimes united with extraordinary qualifications. When I acknowledge your abilities, you may believe I am fincere. I feel for human nature when I fee a man, fo gifted as you are, defcend to fuch vile practice.--Yet do not fuffer your vanity to confole you too foon. Believe me, my good Lord, you are not admired in the same degree in which you are detefted. It is only the partiality of your friends that balances the defects of your heart with the fuperiority of your underftanding. No learned man, even among your own tribe, thinks you qualified to prefide in

a court