SECTION IV.

LORD MANSFIELD's speech in the House of Peers, 1770, on the bills for preventing the delays of justice, by claiming the Privilege of Parliament.

MY LORDS,

WHEN I consider the importance of this bill to your Lordships, I am not surprised it has taken up so much of your consideration. 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 possessed. Perhaps there is no situa tion the human mind can be placed in, that is so difficult and so trying, as when it is made a judge in its own cause. There is something implanted in the breast of man so attached to self, so tenacious of privileges once obtained, that in such a situation, either to discuss with impartiality, or decide with justice, has ever been held the summit of all human virtue. The bill now in question puts your lordships in this very predi cament; and I have no doubt the wisdom of your decision will convince the world, that where self-interest and justice are in opposite scales, the latter will ever preponderate with your lordships.

Privileges have been granted to legislators in all ages, and in all countries. The practice is founded in wisdom; and, indeed, it is peculiarly essential to the constitution of this country, that the members of both houses should be free in their persons, in cases of civil suits for there may come a time when the safety 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 state: but the bill before your lordships has, I am confident, no such tendency; for it expressly secures the persons of members of either house in all civil suits. This being the case, I confess, when I see many noble lords, for whose judgment I have a very great respect, standing up to oppose a bill which is calculated merely to facilitate the recovery of just and legal debts, I am astonished aud amazed. They, I doubt not, oppose the bill upon public principles: I would not wish to insinuate, that private interest had the least weight in their determination.

The bill has been frequently proposed, and as frequently has miscarried: but it was always lost in the lower house. Little did I think, when it had passed the commons, that it possibly could have met with such opposition here. Shall it be said, that you, my lords, the grand council of the nation, the highest judicial and legislative body of the realm, endeavour to evade, by privilege, those very laws which you enforce on your fellow-subjects? Forbid it justice!—I am sure, were the noble lords as well acquainted as I am, with but half the difficulties and delays occasioned in the courts of justice, under pretence of privilege, they would not, nay, they could not, oppose this bille

I have waited with patience to hear what arguments might be urged against this bill; but I have waited in vain the truth is, there is no argument that can weigh against it. The justice and expediency of the bill are such as render it self-evident. It is a proposition of that nature, that can neither be weakened by argument,

nor entangled with sophistry. Much, indeed, has been said by some noble lords, on the wisdom of our ancestors, and how differently they thought from us. They not only decreed, that privilege should prevent all civil suits from proceeding during the sitting of parliament, but likewise granted protection to the very servants of members. I shall say nothing on the wisdom of our ancestors; it might perhaps appear invidious: that is not necessary in the present case. I shall only say, that the noble lords who flatter themselves with the weight of that reflection, should remember, that as circumstances alter, things themselves should alter. Formerly, it was not so fashionable either for masters or servants to run.

in debt, as it is at present. Formerly, we were not that great commercial nation we are at present; nor formerly were merchants and manufacturers members of parliament as at present. The case is now very different: both merchants and manufacturers are, with great propriety, elected members of the lower house. Commerce having thus got into the legislative body of the kingdom, privilege must be done away. We all know, that the very soul and essence of trade are regular payments; and sad experience teaches us, that there are men, who will not make their regular pay-ments without the compulsive 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 solecisms of the grossest nature.

But I will not trouble your lordships with arguments for that, which is sufficiently evident without any. I shall only say a few words to some noble lords, who foresee much inconveniency, from the persons of their

servants being liable to be arrested. One noble lord observes, That the coachman of a peer may be ar rested, while he is driving his master 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 still get to the house, that I can hardly think the noble lord is serious in his objection. Another noble peer said, That, by this bill, one might lose his most valuable and honest servants. 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 servant, by unforeseen accidents, has got into debt, and I still wish to retain him, I certainly would pay the demand. But upon no principle of liberal legisla tion whatever, can my servant have a title to set his creditors at defiance, while, for forty shillings only, the honest tradesman may be torn from his family, and locked up in a gaol. It is monstrous injustice! I flatter myself, however, the determination of this day will entirely put an end to all these partial proccedings for the future, by passing into a law the bill now under your lordships' consideration.

I come now to speak, 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 said, by a noble lord on my left hand, that I likewise 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 purpose, all-trying time can alone determine. But if the noble lord

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means that mushroom popularity, which is raised without merit, and lost without a crime, he is much mistaken in his opinion. I defy the noble lord to point out a single 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 steady rule for my conduct, the dictates of my own breast. Those who have forgone that pleasing adviser, and given up their mind to be the slave of every popu.. lar impulse, I sincerely pity: I pity them still more, if their vanity leads them to mistake the shouts of a mob, for the trumpet of fame. Experience might inform them, that many, who have been saluted with the huzzas of a crowd one day, have received their execrations the next; and many, who by the popularity of their times, have been held up as spotless patriots, have, nevertheless, appeared upon the historian's page, when truth has triumphed over delusion, the assassins of liberty. Why then the noble lord can think I am ambitious of present popularity, that echo of folly, and shadow of renown, I am at a loss to determine. Besides, 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 compel people to pay their debts; and, in that case, the present must be a very unpopular bill. It may not be popular neither 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 extension of privilege; and so far did they carry it at that time, that it was said, the privilege protected members even in criminal actions; nay, such was the power of popular prejudices over weak minds, that the