cerned for any incidental consequences of the trial, hopeful only that his reputation might ultimately rise, and its duration increase, in proportion to the attempts which had been made to depress and destroy it. If in entertaining this expectation he was misled by a false estimate of his own importance, many circumstances conspired to create and to justify the delusion: the enthusiastic anxiety of his numerous friends,the respect which, even in the most unfavourable times of his prosecution, he experienced from strangers amongst whom he occasionally mixed, but to whom he always sought to be unknown,—the marked interest of his legal advocates in his cause, greatly exceeding the impulse of mere professional zeal, and adding a redoubled force to their accustomed eloquence, though all strangers to him before they were engaged in his defence, the animated replies which were made by many of the witnesses, both those who were called to the prosecution and to the defence, to questions put to them respecting his general character, and the loaded testimonials of the native inhabitants of the provinces which he was charged with having oppressed, plundered, and desolated, not only disavowing the complaint made in their behalf, but professing the contrary sentiments of applause and thankfulness. To these may be added, though of prior event, the addresses of the British inhabitants of Calcutta, and of the officers of the army, the first delivered to him on the day of his departure from them; the latter sent after him to England,-which were such testimonies of general approbation as had never been bestowed on any of his predecessors in the office which he had held, though many were most deserving of them. His own heart told him that his intentions had been good; and success had invariably attended them. If from so many concurrent reasons he had arrogated to himself some pretensions to celebrity, it was not either unnatural or unreasonable to expect a much larger portion of it in the event of his acquittal from so severe and complicated a charge, preferred by so great and respectable a body, and tried by so august a tribunal, with a world (as might be said) for its assessors. Had that tribunal pronounced his condemnation, instead of his acquittal, his name would have been sounded with infamy to every nation in Europe, and recorded with that dreadful adjunct to the latest posterity: he must have abandoned his own country, or remained in it an outcast from society, nor found in any other a peaceful resting-place for the soles of his feet, except that only-if there he might have been permitted to end the short term of his remaining days-which was the scene of his alleged iniquities, and which had already pronounced a very different judgment upon them. Surely, then, the converse ought to be his lot, since he has passed through such an ordeal, and stood the test of it. Not so! the event of his trial seemed at the same instant to have closed the public attention upon it, though for a short interval revived by the generous efforts of his ever-indulgent masters, the East India company, to alleviate his pecuniary losses, and, by an act of extraordinary bounty, to stamp their approbation on his past services. The merits of his trial are now known but to a few, and by a very small portion of these distinctly remembered. To the rest of the world, if it recurs at all, the length of its duration, and its legal issue, are probably all that remain of it.

Thus far the plea of Davus, and his master's short and decisive

reply may be aptly applied to the case of Mr Hastings, in his appeal to the justice of his country:

"Non hominem occidi-non pasces in cruce corvos.'

Well will it be for him, if no worse destiny awaits him. The virtues of candour and benevolence are gentle and unobtrusive; and, although the portion of the far greater part of mankind, rarely operate to the benefit of those who are the public objects of them. The severity of censure is an active principle, and when under the guidance of malice or prejudice, though but the breath of an individual give it utterance, it will sometimes overpower or at least outlast the still voice of applauding thousands. Something like this he has already experienced; and, to guard against the future effects of such a cause, it was natural for him to wish to place, either in the hands of the public, or in such other as would insure a conveyance to posterity, some memorial which might serve at the same time for a protection to his future fame, and a justification of his acquittal; for exalted as that court is, by which it was pronounced, its justice may be, and has been, arraigned."

Edward, Lord Ellenborough.

BORN A. D. 1750.-DIED A. D. 1818.

THIS eminent judge was a native of the county of Cumberland, and was son of Dr Edmund Law, bishop of Carlisle. He was educated, until he arrived at the age of twelve years, by his uncle, the Rev. Humphrey Christian, who resided at Bottsam near Cambridge, and was sent to the Charter-house; thence he removed, in 1768, to St Peter's college, Cambridge, of which his father had been appointed master in 1756.

After he had taken his bachelor's degree with great credit, being third wrangler and senior medallist, he was admitted of Lincoln's inn. He was not, however, called at the usual standing, preferring to practise under the bar for some time.1

After he had been called to the bar, Mr Law went the northern circuit, most probably on account of the advantages which he expected to derive from the influence of his father. At this period, the principal causes were in the hands of Messrs Wallace and Lee. Among the junior counsel were the future Lords Auckland, Eldon, and Alvanley. The first of these soon abdicated the profession of the law for politics, the last was induced to remove to the chancery-bar,-Law and Scott remained to divide between them the rich harvest of that field which the advancement of their great predecessors soon left open to them.

Among Law's earliest and most valuable friends were Judge Buller

Lawyers in this situation are not allowed to appear in the character of advocates; they indeed assist in drawing up written pleadings, and are called special pleaders; but the fees they receive are less than those given to the special pleaders who have been admitted to the bar. The advantages, however, attending this plan are, practice at an early period, and the opportunities it affords of forming useful connections with clients.

and Chief-justice Willes. By means of Buller he soon obtained a silk gown. To take a silk gown is thought a bold step in a young lawyer, as he that wears it must lead in every cause. The distinction, therefore, sets him aside on all occasions when men of superior reputation are employed who are not king's counsel. He must either lead or do nothing; if, therefore, he is not thought fit to lead, he does nothing, and is accordingly crushed under his honours. Mr Law, however, had little reason to entertain apprehensions of this kind. A singularly able defence which he made in an insurance cause, when his practice was not yet very considerable, drew upon him universal attention, and at once ranked him among the first lawyers at the bar. His reputation was further extended by the active part he took in the defence of Governor Hastings. Erskine had previously declined the cause; his refusal was, however, considered unprofessional, and could have been ventured on only by a man of his established celebrity. One very serious inconvenience arising to Law was, that it hurt his business in Westminster-hall. A counsel whose presence could not be depended upon, and who might be called away at a minute's notice, to attend the house, was not likely to be retained by any one who could do better. He had likewise a new set of men to contend with,-Fox, Burke, Adams, and, worst of all, Sheridan, whose keen sarcastic wit could not be exercised on a more sensitive temper. But the losses, fatigues, and vexations Mr Law endured from this engagement, were, no doubt, amply compensated by what he gained in his reputation, for he conducted the defence with consummate ability.

The way, however, was not yet completely smooth before him. By a succession of unfortunate circumstances he made an enemy to himself in Lord Kenyon, who took every opportunity to thwart and harass him. This conduct on the part of Lord Kenyon once drew from Law a very happy quotation. Erskine, who was engaged on the opposite side, had made a very violent speech, containing some personalities of such a nature that Law felt compelled to notice them. When he got up to reply, he repeated the following lines from Virgil:

Dicta ferox non me tua fervida terrent,

Dii me terrent et Jupiter Hostis.

If

On circuit Law was now without a rival; in Westminster-hall his superiority was not so evident. Mr Erskine, as a leading counsel, possessed a more extensive though perhaps less solid reputation. In speaking of these great men the expression may justly be used which Quintilian applies to Livy and Sallust, that they are 'Pares magis quam similes,'-equal to each other, rather than like each other. Mr Erskine be a fine speaker, his rival is a more accomplished lawyer. If Mr Erskine captivates the imagination by the brilliancy of his ideas, and the elegance of his language, Lord Ellenborough subjects the understanding by the strength of his expressions, and by a weight of sentiment and matter, which always produces an effect proportionate to the capacities of his hearers. That egotism which perplexes the pleadings of the former, by studying to divide the attention between himself and the cause, was never perceived in the latter. He appeared to regard nothing but his cause, and either to be indifferent to admiration, or to seek it only by deserving it. If they be compared as lawyers,

the superiority must, without hesitation, be allowed to Lord Ellenborough. An important part of Mr Erskine's life was lost to his profession, and the splendour of his oratorical powers advanced him into public notice soon after he had devoted himself to it. The great practice which immediately followed the first manifestation of his talents, though it naturally increased his knowledge, took from him the opportunity of making those laborious investigations which are necessary to complete the character of a profound lawyer. Lord Ellenborough, on the contrary, has enjoyed every advantage of opportunity and training, and has, during the whole of his life, displayed an industry no less uncommon than the abilities by which it was directed."

On the formation of the Addington ministry, Law was made attorneygeneral. This office is always understood to be a step to higher situations; and Mr Law, on the death of Lord Kenyon, was appointed, in April, 1802, chief-justice of the court of King's bench, and elevated to a peerage, by the title of Baron Ellenborough, which he took from a little village where his ancestors had for many generations resided in the humble rank of yeomen. In the house of lords he preserved the same lofty bearing; and, on the investigation into the conduct of the princess of Wales, charged those who had propagated reports prejudicial to the investigators, with having uttered what was "as false as hell!" He was a determined opponent of the Catholics. A true insight into his character may be gained from the few words used by Lord Grenville, when he assigned him a seat at the council-board: "I thought I perceived bad times approaching, and I selected him as a strong and resolute mind." As a judge, he upheld the existing laws and institutions; but the bias he evinced against prisoners on political trials has rendered his name unpopular; and he was much disliked by the bar, to whom he was, in general, arrogant and overbearing.

In 1817, on the trial of William Hone for infamous and profane libels, Lord Ellenborough charged the jury to bring in a verdict of guilty. The jury, however, acquitted the prisoner, a disappointment which is said to have hastened his lordship's death. In November, 1818, he retired, in bad health and spirits, from the fatigues of office, and expired in the December following. He left a fortune of £240,000.

Lord Ellenborough is universally allowed to have been an excellent lawyer. During the sixteen years he presided in his court his judgments, which were always delivered in the most elegant language, evinced his profound knowledge of the law in all its branches; and on mercantile subjects his decisions are considered of the very highest authority.

Sir Samuel Romilly.

BORN A. D. 1757.-DIED A. D. 1818.

THIS virtuous patriot and enlightened lawyer was born on the 1st of March, 1757, in Westminster. His father was a jeweller in London, descended from a French protestant family whom the revocation of the

Public Characters. London: 1804.

edict of Nantes had compelled to seek refuge in England. His mother also was of French extraction. He was remarkable at an early age for vivacity of temper, but was subject also to extreme nervous depression. Till the age of fourteen his education was little attended to; but about that period of life he had the good fortune to have his own exertions in the attainment of knowledge aided by the judicious advice and assistance of the Rev. John Roget, who subsequently married his only sister. He had early manifested a decided predilection for the bar, and in May, 1778, he was allowed to gratify this partiality by entering of Gray's inn. He pursued his professional studies with great ardour, until, in consequence of the fatigue which he sustained as a private in the Gray's inn association during the riots, he was obliged to relax in the intensity of his application, and soon after to recruit himself by a journey to the continent. During his stay in Paris, he became acquainted among other men of letters with D'Alembert and Diderot, who seem to have taken some pains to gain so ingenuous a youth over to their own speculative opinions. Fortunately, however, the attempt failed, and young Romilly left the French capital with his religious and moral principles rather confirmed than shaken by what he had heard and seen during his abode in that emporium of immorality and infidelity. Young Romilly was a close and intelligent spectator of political events, and spent much of his time listening to the debates in parliament. His remarks on the subjects which came before the house, and on the style and characters of the various speakers,-topics which he was fond of introducing into his epistolary correspondence,-show him not merely to have been an acute observer, but a well-grounded politician. The great maxims by which he steered his political course when himself an actor on the scene of which he had so often been a silent spectator, were not taken up suddenly, but were the result of profound and frequent meditation on the principles of government and social equity.

On the 2d of June, 1783, Mr Romilly was called to the bar. His feelings on this occasion are thus described in one of his letters: "The nearer I approach the term which I have often wished for, the more I dread it. Could I but realize the partial hopes of my friends, there would be no doubt of my success almost beyond my wishes. But in myself I have a much less indulgent censor, and in this perhaps alone I cannot suffer their judgment to have equal weight with my own. I have taught myself a very useful lesson of practical philosophy, which is, not to suffer my happiness to depend upon my success. Should my wishes be gratified, I promise myself to employ all the talents, and all the authority I may acquire, for the public good,- Patriæ impendere vitam.' Should I fail, I console myself with thinking that the humblest situation of life has its duties, which one must receive a satisfaction in discharging, and that at least my conscience will bear me the pleasing testimony of having intended well." It was fortunate for the young barrister that he began his career with such sentiments, for he rose but slowly, and for five years was almost without business. His peculiarly nervous temperament was an almost fatal obstacle to his rapid success at the bar; and it was not until by habit he had gradually conquered his self-diffidence and dread of man, that he began to push his way among the crowd of rivals which beset his path. That difficulty mastered, he rose both rapidly and surely. In 1791 he had acquired con