leaft, of the remedy now propofed: for, though it should prove ineffectual, it will be attended with this advantage, that it will put us upon contriving fome other remedy that may be effectual; and the fooner fuch a remedy is contrived and applied, the lefs danger we shall be exposed to of falling into that fatal diftemper, from which no free ftate, where it has once become general, has ever yet recovered.

II. Lord Mansfield's Speech, in the House of Lords, 1770, on the Bill for the further preventing the delays of Justice, by reafon of Frivilege of Parliament.

MY LORDS,

WHEN I confider the importance of this bill to your

Lordships, I am not furprifed 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 king. dom, certain privileges and immunities of which they have been long poffeffed. Perhaps there is no fitua tion the human mind can be placed in, that is fo difficult and fo trying, as when it is inade a judge in its own caufe. There is fomething implanted in the breast of man fo attached to felf, fo tenacious of privileges once obtained, that, in fuch a fituation, either to difcufs with impartiality, or decide with justice, has ever been held as the fummit of all human virtue. The bill now in queftion puts your Lordships in this very predica ment; and I doubt not but the wifdom of your decifion, will convince the world, that where felf-interest and juftice are in oppofite fcales, 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 wifdom: and, indeed, it is peculiarly effential to the conftitution of this country, that the members of both Houses fhould be free in their perfons in cafes of civil fuits; for there may come a time when the fafety and welfare of this whole empire may depend upon their attendance in parliament. God forbid that I should advife any mea fure that would in future endanger the ftate: but the bill before your Lordships has, I am confident, no such tendency;

tendency; for it expressly secures the perfons of mem bers of either Houfe in ail civil fuits. This being the cafe, 1 confefs, when I fee many noble Lords, for whofe judgment I have a very great relpect, ftanding up to oppofe a bill which is calculated merely to facilitate the recovery of just and legal debts, I am aftonished and amazed. They, I doubt not, oppofe the bill upon public principles: I would not wish to infinuate, that private intereft had the least weight in their determination. This bill has been frequently proposed, and as frequently miscarried: but it was always loft in the Lower Houfe. 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 legiflative 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 aquainted 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 this 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 felf-evident. It is a propofition of that nature, that can neither be weakened by argument, nor intangled with fophiftry. Much, indeed, has been faid by foine noble Lords on the wifdom of our anceftors, and how differently they thought from us. They not only decreed, that privilege fhould prevent all civil fuits from proceeding during the fitting of parliament, but likewife granted protection to the very fervants of members. I fall fay nothing on the wisdom of our anceflors; it might perhaps appear invidious; that is not neceflary in the prefent cafe. I fhall only fay, that the noble Lords who flatter themfelves with the weight of that reflection, thould remember, that as circumstances alter, things themfelves fhould alter. Formerly, it was not To fashionable either for matters or fervants to run in debt as it is at prefent. Formerly we were not that great,

PART II. great commercial nation we are at prefent; nor formerly were merchants and manufacturers members of par liament as at prefent. The cafe now is 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 folecifm 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 foresee much inconveniency from the perfons of their fervants being liable to be arrested. One noble Lord ob. ferves, That the coachman of a peer may be arrested while he is driving his master to the Houfe, and, confequently, he will not be able to attend his duty in parliament. If this were actually to happen, there are fo many methods by which the member might ftill get to the House, that I can hardly think the noble Lord is ferious in his objection. Another noble Peer said, That by this bill one might lose their most valuable and honeft fervants. This I hold to be a contradiction in terms: for he can neither be a valuable fervant, nor an honest man, who gets into debt which he is neither able nor willing to pay, till compelled by law. If my fervant, by unforeseen accidents, has got into debt, and I still wish to retain him, I certainly would pay the debt. But upon no principle of liberal legiflation whatever, can my fervant have a title to fet his creditors at defiance, while, for forty fhillings only, the honeft tradefman 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 Lordships confideration. I come now to speak, upon what, indeed, I would have

gladly

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 purpose, all-trying Time can alone determine: but if the noble Lord means that mushroom popularity that is raised without merit and loft with out a crime, he is much mistaken in his opinion. defy the noble Lord to point out a fingle action of my life, where the popularity of the times ever had the fmalleft 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 that have foregone that pleafing advifer, and given up their mind to be the flave of every popular impulfe, I fincerely pity: I pity them ftill 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 execrations the next; and many, who, by the popula rity of their times, have been held up as fpotlefs patriots, have, nevertheless, appeared upon the hiftorian's page, when truth has triumphed over delusion, the assasfins of liberty. Why then the noble Lord can think I am ambitious of present popularity, that echo of folly, and fhadow of renown, I am at a loss to determine. Befides, I do not know that the bill now before your Lordfhips 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 cafe, 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 extenfion of privilege; and fo far did they carry it at that time, that it was faid that the privilege protected members even in criminal actions; nay, fuch was the power of popular prejudices over weak minds, that the very decifions of fome of the courts were tinctured with that doctrine. It was undoubtedly an abo

minable doctrine; I thought fo then, and think so still: but, nevertheless, it was a popular doctrine, and came immediately from those who are called the friends of liberty; how deservedly, time will fhow. True liberty, in my opinion, can only exift when justice is equally administered to all; to the king, and to the beggar. Where is the justice then, or where the is 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 Lordfhips 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 justice as the prefent, requires with your Lordfhips but very little fupport.

SECT.