A.D. 1742. RETAINED IN THE CHIPPENHAM ELECTION CASE. 355

A.D. 1742.

tion case as counsel for the sitting members. But facts, law, and arguments were wholly disregarded. This was the death-struggle of Sir Robert Walpole. All looked with impatience to the division, for which there had been on both sides most strenuous efforts. There were brought down the halt, the lame, the blind, the moribund. It was discovered that, not by the eloquence of Pratt, but by the good management of the Opposition "whipper-in," the Government was to be beaten. As the tellers began their office, Sir Robert beckoned to Mr. Rolt, the member whose return was questioned by a ministerial petition, to sit near him, and entered freely into conversation with him, animadverting on the ingratitude of several persons who were now voting with the Opposition, although he had greatly obliged them, and declaring that he should never again sit in that House.

In a few days after, Pratt wrote the following letter to a brother barrister in the country, with whom he was on very intimate terms:

"Dear Davies,

“Feb. 6, 1741 (2).

"I am afraid you think me dead, for you can't think I have forgot you if I am alive. I thought it better to execute your orders than write idle letters without doing your business: so that if you have received your wine, and it proves good, you'll excuse the want of a foolish epistle to forerun it. I have of late been much taken up with a petition in the House of Commons, wch has taken up a great deal of time. It was the Chippenham Election: and y' humble sert was employed agt the Court for ye sitting members. The last division in this famous petition put an end to Sr Rob's reign and glory, for he then left the House of Commons, gave up the cause, and next day resigned all his places. So that I am complimented by many persons as having assisted in giving the last fatal blow to this great a compliment wch I don't desire the credit of, but am content with the honour of having served my clients faithfully. I dare say you imagine that we in town know all that is to happen upon this great change, and expect to hear from me a compleat list of the new ministers, and the future plan of their measures. The town is full of this discourse, and every man has already settled the government as he wishes it may be settled. But I assure you that as yet we remain in as profound an ignorance of what is to be as you do in the country, therefore I shan't amuse with any of ye idle reports that are current, wch are as various as the inclinations and wishes of those men are upon whose hopes or dispositions these reports are grounded. This is fact, that S Rob Walpole is created Earl of Orford, and his natural daughter by his last wife before the marriage made a lady

man,

to give her the rank of an earl's daughter, wch otherwise her bastardy wd prevent her from taking. This is a ridiculous circumstance in ye patent, and makes some people smile and others angry. It is said, too, that he has a pension of 40007. for life settled. Thus far his retreat has been honourable: how far it will be safe for the future, I can't tell; but most people think there will be some angry motions at the meeting of ye Parlt—perhaps impeachments, but probably they will end in nothing. Mr. Pulteney has refused every thing: he will continue, he says, a lover of his country, and do his utmost to support the family and any good administration. This is a great character if he can persist in it. Most people think the Tories will get nothing by the change, but will be left in the lurch. No talk yet of a reconciliation between the King and Prince.

"Yis most affectionately,

"C. PRATT." d

However, if our aspirant thought that business was now to pour in upon him, he was grievously disappointed, for several years passed away without his receiving another brief. To cheer him up, his school and college friend, Sneyd Davies, addressed to him a poetical epistle, in which the poet dwells upon the worthlessness of the objects of human ambition, and points out to him the course of the bright luminaries then irradiating Westminster Hall:

A.D. 1745.

"Who knows how far a rattle may outweigh
The mace or sceptre? But as boys resign
The play-thing, bauble of their infancy,
So fares it with maturer years: they sage,
Imagination's airy regions quit,

And under Reason's banner take the field,
With resolution face the cloud or storm,
While all their former rainbows die away.
Some to the palace, with regardful step
And courtly blandishment, resort, and there
Advance obsequious;-in the senate some
Harangue the full-bench'd auditory, and wield
Their list'ning passion (such the power, the sway
Of Reason's eloquence !)—or at the bar,
Where Cowper, Talbot, Somers, Yorke before
Pleaded their way to glory's chair supreme,
And worthy fill'd it. Let not these great names
Damp, but incite; nor Murray's praise obscure
Thy younger merit. Know, these lights, ere yet
To noonday lustre kindled, had their dawn.
Proceed familiar to the gate of Fame,
Nor think the task severe, the prize too high
Of toil and honour, for thy father's son." e

d Letter kindly furnished to me by Major Evans, of Eyton Hall.
e Dodsley's Collection, vol. vi.

A.D. 1744-46. HIS SUDDEN SUCCESS ON THE WESTERN CIRCUIT. 357

He persevered for eight or nine years; but, not inviting attorneys to dine with him, and never dancing with their daughters, his practice did not improve, and his "impecuniosity was aggravated. At last he was so much dispirited that he resolved to quit the bar,-to return to the seclusion of his college, to qualify himself for orders, and to live upon his fellowship as he might, till, in the course of time, he should be entitled to a college living, where he might end his days in peace and obscurity. This plan he certainly would have carried into execution, if he had not thought that it was fit he should announce it to the leader of his circuit, who had always been kind to him. This was Henley, afterwards Lord Northington, who, first in his usual jesting manner, and afterwards with seriousness and feeling, tried to drive away the despair which had overwhelmed his friend, and prevailed so far as to obtain a promise that Pratt would try one circuit more.'

At the first assize town on the next circuit, it so happened that Pratt was Henley's junior (by contrivance, it was A.D. 1744suspected) in a very important cause, and that, just 1746. as it was about to be called on, the leader was suddenly seized with an attack of gout, which (as he said) rendered it necessary for him to leave the court and retire to his lodgings. The lead was thus suddenly cast upon Pratt, who opened the plaintiff's case with great clearness and precision, made a most animated and eloquent reply, obtained the verdict, was complimented by the judge, was applauded by the audience, and received several retainers before he left the hall. His fame travelled before him to the next assize town, where he had several briefs,—and from that time he became a favourite all round the circuit. Although Henley continued senior of the

g

f I find in the European Magazine for July 1794, a supposed account of the dialogue between them, which I consider entirely fictitious. Here is a specimen of it:-" Henley heard him throughout with a seeming and anxious composure, when, bursting out into a horse-laugh, he exclaimed, in his strong manner, 'What! turn parson at last! No, by G, Charles, you shan't be a P.

neither! You shall do better for yourself, and that quickly too. Let me hear no more of this canting business of turning parson: you have abilities that run before us all, but you must endeavour to scour off a little of that dd modesty and diffidence you have

about you, to give them fair play."" The writer knew so little of Pratt's real history as to represent that he was afterwards introduced for the first time by Henley to Pitt.

My friend Mr. Dampier, Vice-Warden of the Stannaries, writes to me,-" Sir James Mansfield, who was of K. C., and abt 19 years jun' to Ld C., used to tell me that he remembered Ld C. on the West. Circuit, and that his rise was very sudden and rapid, after a long time of no practice; but once having led a cause in the west, he became known, and was immediately in full business, on the circuit."

"Western" for several years longer, till he was made AttorneyGeneral, Pratt's success was facilitated by an opening from the removal of two inferior men, who had long engrossed a great share of the business. Employment in Westminster Hall soon followed; for in new trials and other business connected with the circuit he displayed such great ability, and such a thorough knowledge of his profession, that in cases of weight he was soon eagerly sought after to hold "second briefs," although he never seems to have had a great share of routine business,-which, with less éclat, is attended with more profit.1

July 6,

1752.

The first case in which he attracted the general notice of the public was in the memorable prosecution of a printer by Sir Dudley Ryder as Attorney-General, under the orders of the House of Commons, in consequence of some remarks on their commitment of the Honourable Alexander Murray for refusing to kneel at their bar. Lord Chief Justice Lee, the presiding Judge, intimated his opinion that the jury were only to consider whether the defendant published the alleged libel (which was clearly proved to have been sold by him in his shop at the Homer's Head in Fleet Street), and whether the S-r" meant "the Right Honourable Arthur Onslow, the Speaker of the House of Commons," and "the H-h B-ff" meant "Peter Leigh, gentleman, then High Bailiff of the city of Westminster?" Pratt was junior counsel for the defendant, and following Ford, a distinguished lawyer in his day, whom he greatly eclipsed, he showed that ex animo he entertained the opinion respecting the rights of juries which he subsequently so strongly maintained against Lord Mansfield, and for which, after a lapse of forty years, he triumphantly struggled against Lord Thurlow in the last speech he ever delivered in parliament. He told the jury that they were bound to look to the nature and tendency of the supposed libel, and to acquit the defendant, unless they believed that he intended by it to sow sedition, and to subvert the constitution in the manner charged by the prosecutors :

"Are you impannelled," said he, "merely to determine whether the defendant had sold a piece of paper value two-pence? If there be an indictment preferred against a man for an assault with an intent to ravish, the intent must be proved; so if there be an indictment for an assault with intent to murder, the jury must consider whether

h His name does not occur in the Reports nearly so frequently as those of some others who are long since forgotten.

A.D. 1752.

COMMITMENT OF THE HON. A. MURRAY.

359

the assault was in self-defence, or on sudden provocation, or of malice aforethought. The secret intention may be inferred from the tendency; but the tendency of the alleged libel is only to be got at by considering its contents and its character; and, because 'S-r' means Speaker,' and 'h-h-b-ff' means 'high-builiff,' are you to find the defendant guilty, if you believe in your consciences that what he has published vindicates the law, and conduces to the preservation of order?" He then ably commented upon the absurdity of this prosecution by the House of Commons, who, arbitrarily and oppressively abusing the absolute power which they claimed, would not even tolerate a groan from their victims. Said he, "There is a common proverb, and a very wise Chancellor affirmed that proverbs are the wisdom of a people,— LOSERS MUST HAVE LEAVE TO SPEAK. In the Scripture, Job is allowed to complain even of the dispensations of Providence, the causes and consequences of which he could not comprehend. As complaints are natural to sufferers, they may merit some excuse where the infliction is by the act of man, and to common understandings seems wanton and tyrannical. A gentleman of high birth and unblemished honour is committed to a felon's cell in Newgate, because, being convicted of no offence, he refuses to throw himself before those for whom he did not feel the profoundest respect, into that attitude of humility which he reserved for the occasion of acknowledging his sins, and praying for pardon, before the throne of the Supreme Ruler of the Universe. Must all be sent to partake his dungeon who pity his fate? The Attorney-General tells a free people that, happen what will, they shall never complain. But, gentlemen, you will not surrender your rights, and abandon your duty. The fatal blow to English liberty will not be inflicted by an English jury."

The Attorney-General having replied, and Lord Chief Justice Lee having reiterated his doctrine, by which every thing was to be reserved to the Court, except publication and innuendoes, the jury retired, and, being out two hours, returned a general verdict of NOT GUILTY. When the Attorney-General could be heard, after the shout of exultation which arose, he prevailed upon the Chief Justice to call back the jury, who were dispersing, and to put this question to them:-"Gentlemen of the jury, do you think the evidence laid before you, of the defendant's publishing the book by selling it, is not sufficient to convince you that the said defendant did sell this book?" The foreman was at first "a good deal flustered;" but the question being repeated to him, he said, in a firm voice, all his brethren nodding assent, "Not guilty, my Lord; not guilty! That is our verdict, my Lord, and we abide by it!" Upon which there was a shout much louder than before; and the