Life of Thomas, first Lord Denman : formerly lord chief justice of England

Front matter

mm i n

Cornell University Law Library

FROM THE

Preface

This Memoir has been principally compiled from materials placed at the writer's disposal by various members of the late LORD Denman's family ; by his old friend, Sir JOHN Taylor Coleridge ; and by Mr. Herman Merivale, the son of a friend still older.

It is intended as much for general as for professional readers : for Denman, though of a high order both as an advocate and a judge, was of a still higher order as a man and a citizen ; so that a record, however imperfect, of his noble and virtuous life may, it is hoped, be found interesting and useful even beyond the comparatively narrow limits of exclusively legal circles.

Chapter I

The Denman family, page i. Great-grandfather and grandfather of Lord Denman, 2. His paternal uncle. Dr. Joseph Denman, 2. His father. Dr. Thomas Denman, ^. His mother, nee Miss Elizabeth Brodie, 3. His maternal uncle, Rev. P. B. Brodie, 3. His first cousins, William, Peter, and Sir Benjamin Brodie, 3. MarriageofDr. Denman and Miss E. Brodie, l77o> 3- Happiness of the union, 3. LordDenman's twin sisters, Margaret and Sophia, 4. Their husbands. Sir R. Croft and Dr. Matthew BaiUie, 4. Agnes and Joanna Baillie, 4. Birth of Lord Denman, Feb. 23, '779> 4- Place of birth, 4. Narrow escape from fire when an infant, 4. Childhood of Lord Denman, 4. Sent to Mrs. Barbauld' s school at Palgrave in 1782, 5. His progress and improvement there, 5. Mrs. Denman as a mother, 6. Her belief in the power of early training, 6. Love of the child for his parents, 6. Early and life-long piety of his character, 6. Dr. Denman as a father, 7. Takes a. child with him on his professional excursions out of London, 7. Letter from him to his wife on one of these, 8. Burke's house at Beaconsfield, 8. The boy taken from Mrs. Barbauld's and sent to Dr. Thompson's at Kensington in 1786, 8. Remains there till 1788, 8.

CHAPTER IL

Denman at Eton from 1788 to 1795, 9. Few records of his Eton career, 9. Notice of him (set. 13) dmring an Eton vacation at Winterslow, 9. Early love for music, 9. Early politics and talent for speaking, 9. Burnt in the leg for not "making a speech,'' 10. Greek and Latin scholarship, 10. English verse translations, 10. Denman at Winterslow 1795 to 1796, 10. Rambles in North Wiltshire, 10. Stonehenge, Essay on, 10. Thomey Down, Verses on, n. Denman goes into residence at St. John's Col viii CONTENTS.

lege, Cambridge, Oct. 1796, 11. His pursuits and friendships at the University, II. Merivale, 11. Shadwell, 11. Hodgson, 11. Drury, II. Bland, 11. The "Greek Anthology" and its contributors, 11. Byron's praises of, in " English Bards and Scotch Reviewers," 11. Denman's translation " With myrtle my sword will I wreathe," praised by Byron in note to third canto of " Childe Harold," 11. Denman's undergraduate life at St. John's, II. Merivale's Diary, 12. Walking tour with Shadwell in Wales, 1797, 12. Plan for a winter excursion to Sno wdon, 13. Walks with Merivale in neighborhood of Cambridge, 13. Literary talk, 13. Lord Lovaine, 13. Denman's readiness at capping verses, 13. Hismemory and love for poetry, 13. Akenside and Beattie, 14. "Hamlet," 14. Similarity of tastes and pursuits in Denman and Merivale, 14. Denman' s fondness for romances of chivalry, 14. His admirable Greek scholarship, 14. Denman's correspondence at Cambridge with his sister Mrs. Baillie, 14. Extracts from letters to her, 15. Description of Dovedale, 15. And of Dorset and Devon coasts, 16. Early admiration for " Lyrical Ballads," 17. For Joanna BaiJlie's dramas, 17. Mrs. Baillie's memoirs of her brother, 17. His early love of theatricals, 17. A taste that never left him, 17. Denman's political sentiments, 17. An ardent " Foxite," 18. His unswerving political constancy, 18. Early admiration for Dr. Parr as a staunch Whig, 18. Mrs. Baillie's speculations as to origin of her brother's political opinions, 18. Personal advantages of Denman as a young man, 19. Physical strength and activity, 19. Walks from Cambridge to London in twelve hours, 19. His magnificent voice, 19. Air of distinction and refinement, 19. Combination of sweetness and force, 19. Correspondence between Denman, while at Cambridge, and his parents, 20. Letter to his mother, February, 1799, 20. Honors in classics proposed and rejected, 20. Political torpor of Cambridge, 20. Letter to his father, June, 1799, 20. Velleius Paterculus, " Diversions of Purley," 20. Letter from Dr. Denman to his son, 1799, 21. Dr. Denman on Horace, 21. His theory of what his son should be, 22. "The wisest and best man that ever lived," 22. Denman's dislike of mathematics, 22. Consequent failure to take honors, 22. Extracts from letters to Mrs. Baillie on this, 23. Extract from verses written in 1 799 in dispraise of mathematics, 24. Eagerness for active life, 25. Takes an ordinary degree and leaves Cambridge for London in Febuary, i8oo, 25.

CHAPTER in.

Denman commences his legal studies, April, 1800, 26. In chambers with Merivale at Featherstone Buildings, Holborn, 26. A pupil of Charles Butler, 26. Works hard at real property law, 26. Separate chambers at 25 Old Square, Lincoln's Inn, 26. Pupil of Dampier, and of Tidd, 26.

CONTENTS. ix

His diligence as a law student, 27. In 1803 begins practice as a Special Pleader, 27. His first legal employment, 27. Denman keeps up his school and college friendships, 27. Merivale, Shadwell, Bland, Hodgson, Drury, etc., 28. The Rev. Robert Bland, 28. His talent and wild wit, 28. His intimacy with Byron, 29. His marriage, 29. Richard William Vevers, 29. The serio-comic " training of Vevers," 29. Letter from Bland to Denman, 1803, 30. Bland at Old Burlington Street, 1803, 31. Dr. and Mrs. Denman on the virtues of their son, 31. Epistles in verse to Denman from Hodgson and Dr'ury, 31. "Dear lawless Democrat with dreadful brow," 31. Hodgson and Drury both friends of Byron, 31. A dining club establiSied by Denman and his friends, 31 . Letter from Bland at Eton to Denman, 1804, 31. John Herman Merivale the most intimate of all Denman' s friends, 31. Early letters from Merivale to Denman, 31. Merivale in love with Miss Louisa Drury, 31. Denman falls in love at first sight with Miss Theodosia Vevers, 31. Parentage and family of Miss Vevers, 31. Her maternal connections, 31. Lord Sondes of Rockingham Castle, 31. The Anderson family, 31. Age of Miss Vevers at marriage, 32. Merivale to Denman on the prospects of his courtship, 32. A young lawyer's notion of wedded bliss in 1804, 32. " Plain living and high thinking," 32. Dr. Denman consents, 32. Extracts of letters from Denman to Miss Vevers, 33. They are married at Saxby Church, Oct. 18, 1S04, 33. Honeymoon spent at Rockingham Castle, 33. "Aunt Annie's" account of the wedding, 33. Congratulatory letters, 34. Note from" Fanny Anderson," born Nelthorpe, 35. Letter from Denman's mother to his bride, 35. First London residence of the young couple, 36. Dr. Denman's allowance of 400/. a year, 36. Dr. Joseph Denman displeased at the match, 36. Correspondence on the subject between him and Dr. Baillie, 37. Dr. Baillie's letter to Dr. J. Denman of Oct. 15, 1804, 37. Dr. J. Denman's answer of Oct. 27, 39. Dr. Baillie's reply of Oct. 30, 1804, 39. His favorable report of the bride and good auguries for the happiness of the union, 39. Dr. Baillie's noble and disinterested character, 40. His auguries verified, 40. Extreme happiness and long duration of marriage, 40. Person, manners, and character of the bride, 41. Numerous family (born between 1804 and 1824) of Denman and his wife, 41.

CHAPTER IV.

Special Pleading, 42. Periodical literature (the " Monthly Review "), 1804- 1806, 42. Cambridge election for Chancellor, 42. Lord Henry Petty,

42. Fox-Grenville administration, January, 1806, 42. Denman's devotion to Fox, 43. Letter to Sir F. Burdett shortly after Fox's deaths

43. Denman called to the Bar, 1806, 44. Change of residence to No. 5 Queen's Square, Bloomsbury, 44. Joins Midland Circuit and Lincoln-

CONTENTS.

shire Sessions, 4^. Leading members of Midland Circuit, 44. Mr. Serjeant Vaughan, 44. Mr. Clarke, K.C., 44- Mr. John Balguy, K.C., 45. Denman's friends, 45. Reader, 46. Dwarris, 46. Empson, 46. Copley (Lyndhurst) and Francis Horner, 46. Denman's regret at Copley's political apostasy, 47. Denman's early position and progress on circuit, 48. Extracts from Midland Circuit Book relating to him, 49. His first retainer in town, 49. Letter to his wife from circuit, July 17, 1808, Jo. Denman's connection through Merivale and Bland with the "Critical Review," 51. Extract from his notice of Chief Justice Marshall's " Life of Washington," 52. Dr. Denman suggests legal publication as a means of professional advancement, 53. Denman's reply, July 6, 1808, 53. LeUer of Denman to his wife from circuit, April 2, 1810, 54. Copley and Denman at Miss Linwood's ball, 55. Walcheren expedition, 55. The money runs short at home, 56. Money dithculties of Denman's earlier professional life, 56. Never famous for prudence or economy, 56. Mrs. Baillie's testimony, 56. Mrs. Hodgson's account, 56. She rather blames Dr. Denman's parsimony, 57. Homely and frugal ways of Dr. Denman and his wife, 57. " One luxury is enough," S7- The yearly allowance doled out in weekly instalments, 57. Fondness of Dr. and Mrs. Denman for their grandchildren, 57. Mrs. Hodgson's recollections of them, 57. Prizes for being gentlewomen, 57. Primitive simplicity of Dr. and Mrs. Denman's household, 59. Denman as a husband and a father, 58. Mrs. Baillie's recollections, 58. His elevatmg influence on his daughters, 58. Mrs. Hodgson's recollections of her mother and father,

58. His romps with his gurls when children, 59. Poetic readings as they grew older, 59. Took them with him on his journeys, 59, A child's day at chambers and in Lincoln's Inn Gardens, 59. " Shootmg the bridge,"

59. Denman an equally kind father to his sons as to his daughter.-;, 59. Letter to his wife, June 10, i8ll, illustrative of his then circumstances and social position in London, 60. His old friend Bland at Amsterdam, 61. Letter from him thence, 62. His return to England in October, 1811, 63. Byron's high opinion of Bland, 63'. Byron in 1811 and 1812 intimate with Hodgson, Bland, Merivale, and Drury, 63. Denman only once in Byron's society, 63. Reason of this, 63.

CHAPTER V.

In 181 1 Denman's practice on circuit and sessions much increased, 64. Takes Chambers at No. 5 Old Square, Lincoln's Inn, 64. Extracts from Midland Circuit Book, 64. Brougham specially retained at Lincoln in Spring Assizes of i8ii for defence of John Drakard, of the "Stamford News," 95. Merivale disappointed that Denman was not retained, 66. Dangerous illness of Merivale in October and November, 181 1, 66. Ex-

CONTENTS. xi

tract from letter from Merivale to Denman, Nov. 22, 1811, 66. Death of Denman's uncle Dr. Jbseph Denman, in 1S12, 67. Disposal of his property, 67. The story of the poisoned bottles, 67. Impression produced by the occurrence on Denman, 68. Makes him cautious as to circumstantial evidence, 68. Letter from Denman to his wife on the death of her brother, Lieutenant Charles Vevers, R.N. , at the storming of San Sebastian, August 31, 1813, 69. From same to same, April 7, 1814, 69. Delight at fall of Napoleon, 70. "Rooted success" on circuit, 71. Defence, in July, 1814, of some of the associates of Lord Cochrane in the Stock Exchange Conspiracy, 71. The trial before Lord Ellenborough, 71. Partial summing up and severe sentence, 71. After career of Lord Cochrane (Earl of Dundonald), 72. Denman, in August and September,

1814, visits France with his wife and children, 72. Extracts fromletters to Merivale describing the trip, 72. Meeting and reconciliation with Francis Homer, 73. Horner's subsequent death by consumption, 73. Public honors paid to ; Mackintosh's remarks on, 74. Political speculations of Denman in 1814 as to Bonaparte and the Bourbons, 74. Theatricals in Paris ; music and dancing, 75. Column of the Place Vendome, 76. Edmund Kean, 76. Denman appointed Deputy Recorder of Nottingham,

1815, 76. Death of his father, November, 1815, 77. Vigorous old age of Dr. Dennraan, 77. His death sudden at last, 77. His character by his daughter, Mrs. Baillie, 77. His treatise on midwifery and lectures, 77-

CHAPTER VL

Denman's practice on circuit and sessions very considerable in i8l6, 1817, 78. Defence of Luddite prisoners in i8l6, 78. Circuit Book entries, 78. Condition of the operatives in Nottinghamshire and the Midland Counties during and after the close of the Great War, 79. Byron's testimony to the condition of English operatives in the House cf Lords, February 27, 1812, 79. Distress of the people increased after the termination of the war, 80. Heavy taxation, 80. No reform, either social or political, 80. Poor laws, 80. Com laws, 80. Eldon, Sidmouth, and Castlereagh, 80. Effect of the great French Revolution on the propertied classes and the proletariate in England, 80. The year 1817, 81. Famine price of bread, 81. Stagnation of trade, 81. General want of employment, 8l. Distress in Nottinghamshire and the neighboring counties, 81. Rising under Jeremiah Brandreth, " the Nottingham Captain," 81. Erandreth's address to his followers, June 8, 1817, 81. Plan of operations, 82. Night march of the rioters, June 9, 1817, 82. Brandreth shoots Mrs. Hepworth's servant, 82. Terror inspired, 82. Arms seized, 82. The yeomanry assemble, 82. Insurgents disperse at dawn, 82. The leaders captured, 82. Special Commission at Derby, October 14, to try the rioters on a charge di CONTENTS.

of high treason, 82. Denman retained for the defence of Brandreth, Turner, and Ludlam, 83. Facts clearly proved, 83. Only question whether they constituted the offence of high treason by "levying war against the king," 83. Argument on this point in speech for Brandreth, 83. Brandreth convicted of high treason, 84. Denman, in speaking for Ludlam and Turner, dwells on the strange power of Brandreth over -his fellow-men : quotes Byron's description of Conrad in the " Corsair," 85. Conviction and sentence of the three prisoners, 86. Their execution, November 7, 1817, 86. Graciousness of his Royal Highness the Prince Regent, 86. Letter from Denman to Merivale of September 10, 181 7, 87. Miss Austen's " Emma," 87. Bland and Hodgson, 87. Ride from Leamington to Dunsbourne (Dr. Baillie's), 87. Studying the law of high treason at Fontainebleau, 88. More facts as to Brandreth, 88. In prison before trial, 88. "No more Derbyshire ribs," 88. Oliver, the government spy, 89. What shall we do with our boys? 89.

CHAPTER VII.

Denman, in i8l8, returned to Parliament for the close borough of Wareham, go. Letter to his brother-in-law, Vevers, August 21, 1818, 90. His political stand-point, 91. A constitutional Whig, opposed to Burdett and the Radicals, 91. Denman takes his seat January 14, 1819, 91. The Whig opposition in 1819, 91. Denman's earlier career in the House of Commons less brilliant than was expected, gi. Causes of this, 92. Parliamentary distinction not his first object, 92. Doubtful whether he ever could have become a leading debater in the House of Commons, 92. His talents and character better adapted for the House of Lords, 92. Denman's course as a member of the House of Commons honorable, useful, and enlightened, 92. His own estimate of his House of Commons career from 1819 to 1826, 93. The first session of 1819, 93. Legal reforms advocated by Denman, 93. Opposes allowance of 10,000/. a year to the Duke of York for taking care of the King his father, 94. Speech on Foreign Enlistment Bill, 94., The Holy Alliance characterized, g5. The recess, 95. Condition of the people in 1819, 95. Meetings for radical reform of Parliament, 95. The Manchester Massacre, August 19, 1819, 95. Meetings called to protest against it, 96. Lord Fitzwilliam, for presiding at one, dismissed from the Lord Lieutenancy of the West Riding, 96. Second session of i8i9,'g6. The Six- Acts, g6. Denman's opposition to, 96. Denounces the Manchester Massacre, 96. Speech against the Seditious Meetings Bill, 97. Against the Blasphemous Libels Bill, 97. Close of the session of the Six Acts, 98. Death of George III. and accession of George IV., Jan. 29, 1820, 98. The Cato Street conspiracy, 98. Dissolution of Parliament, 99. Denman invited to stand

CONTENTS. xiii

for Nottingham, 99. Returned after a close contest, 99. Expenses of the election, 99. Denman's means a good deal crippled by them, 99. His difficulty in getting money together, 99. Letter to his wife from Warwick, April 10, 1S20, 100. Dr. Parr at Hatton and in Warwick for the Assizes, 100. The Elands at Kenilworth, 100. Michael Angelo Taylor, loi. Messrs. Parkes's smoke-consuming apparatus, loi. Last sessions as Deputy-Recorder of Nottingham, loi. Political feeling there after the election, 101.

CHAPTER VIIL

Trial of Queen Caroline, 102. Denirian's MS. narrative of the year 1820, 102. Drawn up in 1821, 102. How dealt with, 102. Antecedents of the Queen, 103. Lives separate from her liusband since 1796, 103. His scandalous profligacy, 103. She leaves England in 1814 and resides abroad till 1820, 103. Her conduct while abroad, 103. Milan Commission in i8l8, 103. Its secret report, 1819, 103. The Queen's name ordered to be omitted from the Liturgy, Feb. 11, 1S20, 103. The Queen determines to come to England, 104. This determination supported by Wood, 104. Opposed by Brougham, 104. Antagonism between Brougham and Wood, 104. Denman takes a middle line, 104. His chivalrous feeling for the Queen, 104. Feeling of the people for the Queen and against the King, 105. Commencement of MS. narrative, 105. Denman appointed Solicitor-General to the Queen, Brougham being her Attorney- General, 105. Ought the Queen to come to England ? 105. Arguments in favor of her coming, 105. Alderman Wood, 106. Denman's opinion of him, 106. Brougham's nickname for him, " Absolute Wisdom," 106. Line of the Whig Opposition, 106. Tiemey's alternative policy, 106. Scheme of a divorce, 106. Sir John Leach, 107. Denman's opinion of the Whi^ policy, 107. Tiemey's interview with Denman as to his acceptance of office from the Queen, 107. Possibility of the King's taking a fancy to the Queen, 107. "Fat, fair and fifty," 107. Interview of Brougham and Denman with Lord Eldon respecting professional rank, 108. " The serpent more subtle than all the beasts of the field," loS. Brougham and Denman called to the Bench of Lincoln's Inn, 108. Sir F. Burdett tried at Leicester, March 20, 1820, for seditious libel, io8. Makes his own speech and is convicted, 108. Denman moves for a new trial, 109. Mr. Justice Bayley's judgment in Rex v. Burdett, 109. The Queen leaves Italy and arrives at Geneva, 109. Alderman Wood goes to Geneva to meet her, no. Queen at St. Omer's, no. Brougham goes to meet her, i lo. She leaves him there and sets out for London, where she arrives June 6, no. Denman, in Brougham' s absence, acts as her chief law officer, no. Brougham arrives, no. Denman summoned to meet the Queen at Alderman Wood's house, in. Her progress through xiv CONTENTS.

the streets, iii. Alderman Wood by her side, iii. The Queen in sight, 112. The Queen's bearing, dress, and appearance 112. " That beast Wood," 112. The Queen's delusion as to the King's feeling for her, 112. Denman's first reception by the Queen, 112. Brougham imparts his apprehensions to Denman, 113. Denman's testimony as to Brougham's zeal for his client, 113. The Queen's suspicions of Brougham, 113. The charges against the Queen opened in the House of Commons, 113. Brougham's incomparable first speech, 114. Queen's suspicions of Brougham not removed, 1 14. Social position of the Queen, 1 14. Are the ladies to call upon her ? 115. Mrs. Brougham and Mrs. Denman do not call, 115. Denman's reflections on this, 115. Remarks by the present writer, 116. High spirit of the Queen, 116. "I will be crowned," 1 16. Addresses to the Queen, n 6. Her reception of the Lord Mayor and Common Council, 116. Her popularity with the London mob, 117.

CHAPTER IX.'

Amicable arrangements attempted, 118. Conference between Wellington and Castlereagh for the King, and Brougham and Denman for the Queen, 118. First meeting on June 14, 118. Conference broken off on the 19th, 118. Description of the Interview in the personal narrative, 118. Attempts at mediation by House of Commons, 119. Wilberforce's motion June 22, 119. Denman's speech, "All that are desolate and oppressed," 119. Castlereagh avows that the striking the name out of the Liturgy was the King's, own act, 120. Hence the Queen's resolution to make no terms, 120. Wood {and Denman too) opposed to her leaving England, 120. Hesitation of the Queen, 120. Brougham prepares answer accepting, Denman one rejecting, tlie House of Commons' address, 120. How the Queen receives the I-Iouse of Commons deputation, 121. The address rejected, 121. The Queen's answer to the address read in the House of Commons, 121. Curious Scene, 122. Denman's view of the conduct at this crisis of ministers and the majority, 122. The country gentlemen, 123. Attempts at arrangement having failed the inquiry goes on, 123. Petition at Bar of Lords to suspend proceedings of Secret Committee till arrival of witnesses, June 26, 123. Denman's quotation : " Some cogging, cozening slave," etc., 124. Bill of Pains and Penalties introduced, July 5, 124. Resolved that the trial should commence on August 17, 124. Counsel for the Queen, 124. Wilde brought into the case by Wood, 124. Feeling against him at first, 124. Denman's testimony to his usefulness and ability, 125. Pause in proceedings from July 10 to August 17, 125. Brougham and Denman on circuit, 126. Denman's exertions and fatigue, 126. Defends Major Cartwright, 126. Presides at Nottingham election dinner, 126. Return to London, 126. The

CONTENTS. XV

Queen at Brandenburgli House, 126. Her distrust of Brougham as' strong as ever, 126. Parr discourses on the propriety of discarding Brougham, 126. " If my head is on Temple Bar it will be Brougham's doing," 126. Proceedings resumed on August 17, 126. Counsel heard against the principle of the bill, 127. Denman's speech on the i8th, 127. Its strong expressions of loyalty to the Queen, 127. Denman's account of the effect of his speech against the principle of the bill, 127. The Queen's compliment, " My God, what a beautiful speech ! " 127. A most unbecoming familiarity, 127. The Attorney-General (Giffard) opens for the Crown, August 19, 127. Examination of witnesses from August 21 to September 7, 127. Cross-examination of Majocchi and Louise Dcmont, 128. The Solicitor-General (Copley) sums up, 128. Further proceedings adjourned till October 3, 128 The Queen's agitation at first sight of Majocchi, 128. Her general demeanour at the trial, 128. Denman, during the break in the proceedings, runs down to Cheltenham, 129. His triumphal entry, 129. The parson's windows broken, 129. Denman appeases the mob, 129. His letter to Merivale of September 24, 129. Expresses surprise that the unanswered evidence against the Queen has not had more effect on the country, 130. Certificate at Cheltenham to a. foreign servant that he was not Majocchi, 130.

CHAPTER X.

Proceedings in the Lords after the resumption on October 3, 131. Brougham's great speech, 131. The peroration, 131. Its effects on Erskine, 132. Brougham's conduct of the case criticised, 132. Speech of John Williams, 132. Witnesses called for the Queen, 132. Copley's cross-examinations, 133. Exultation of ministers, 133. Witnesses for the Queen kept back by Government, 133. Denman at Holland liouse, preparing his speech on summing up the evidence, 133. Dr. Parr's suggestions, 133. Octavia and Nero, 134. The' "honest chambermaid's Greek," 134. "Oh dear, Mr. Denman, don't be squeamish," 134. Denman's great speech, October 24 and 25, 134. Unfortunate reference at close, " Go and sin no more," 134. Parallel between Octavia and Caroline of Brunswick not happy, 135. The Greek quotation a mistake, 135. Not intaided by Denman to apply to the King, 135. The King convinced it was, 135. The King nicknamed Nero, 135. Carlton House, " Nerot's Hotel," 135. Great general merits of the speech, 136. Graceful compliment to Brougham, " We kept together in our chivah-y," 136. The famous apostrophe to the Duke of Clarence, afterwards William IV., " Come forth, thou slanderer ! " 136. Great personal advantages of Denman as an orator, 138. His speeches, at the time, preferred to Brougham's, 138. The Attorney-General's reply, 139. Unexpectedly good, xvi CONTENTS.

139. The debates on second reading, 139. Lord Grey's speech the best,

139. Divisions on second and third reading, 139. Majority for third reading only nine, 140. Result communicated to the Queen, 140. " Regiiia in spite of them," 140. Denman kisses the Queen's hand, 140. Lord Liverpool withdraws the bill, 140. Final close of the proceedings,

140. Denman's general estimate as to the conduct of the case, 141. Exultation in the country at the abandonment of the bill, 141. Freedom of the City voted to Brougham, Denman, and Lushington, 141.

CHAPTER XL

Personal narrative continued, 142. Difficulty of the Queen's social position increased by the abandonment of the Bill, 142. Coarse libels of the ministerial press, the "Courier" and the "John Bull," 142. The Queen's name not restored to the Liturgy, 143. Ought the Queen to accept u. provision from Parliament ? 143. Opposite views of Brougham and Denman, 143. Message to House of Commons declining a provision, 143. She afterwards changes her mind and applies for one, 144. Allowance of 50,000/. a year and a residence, February i, 1821, 144. The Queen gives entertainments, 144. Lord and Lady Hood, 144. Bohemianism of the Queen, 144. The King implacable, 144. Petty spite of the Court, 145. The" George" and the " Angel," 145. The Queen's popularity declines, 145. She keeps low company, 145. Brandenburgh House, 145. Her resolution to be crowned in Westminster Abbey opposed by all her advisers, 145. Her repulse at the Abbey on the Coronation Day, July 19, 146. This hastened her end, 146. Denman visits her shortly after, 146. Her wild excitement, 146. She is taken ill at Drury Lane Theatre, 146. Grows rapidly worse, 146. On Thursday, August 2, makes her will, 146. On Saturday, the 4th, pronounced to be better, 147. Brougham and Denman leave town for circuit, 147. On Monday, the 6th, Baillie called in, 147. On Tuesday, the 7th, tlie Queen dies,

147. Brougham leaves circuit to attend the funeral, 147. Sir Robert Wilson's dismissal, r47. The King at Holyhead on his Irish progress,

148. Castlereagh to Eldon on the Queen's death, 148. ■ The funeral procession through London, 148. Revolting scenes, 148. Brougham at Harwich, 148. Lowering of the coffin from the pier, 148. Byron's " Irish Avatar," 149. Byron's high opinion of Denman, 149. Denman at Hastings in Long Vacation of 1821, 149. Letters thence to Meriv'ale,

149. Queen's death a relief, 149. Posthumous malice of "John Bull," 149. The Queen's last moments, 150. Never mentions Bergami, 150. Her will, 160. How Denman came to leave her for circuit, 150. Denman's indignation at the conduct of Government regarding the funeral and the dismissal of Sir Robert Wilson, 150. Further extracts from letters to

CONTENTS. xvii

Merivale from Hastings, 150. Dolce far mente3.iteri.w0 years' hard labor, 151. Scott'sedition of Swift, 151. "Blessed are the book-makers," 152. Kean, 152. Joanna Baillie's "De Montfort," 152. Colman's joke, "Jane" and "Fustian," 152. Kean.as Shylock, 152. EUistou in the "Liar," 152. Lady Essex and Mrs. Damer at Hastings, 152.

CHAPTER XH.

Personal narrative of Denman's career from the Queen's death to that of Canning (1S21-1827), 153. Professional rank of Brougham and Denman after the Queen's death, 153. Circuit resolution, 153. John Williams M.P. for Lincoln, 1822, 153. Attacks by Denman and Williams on Lord Eldon and Chancery abuses, 154. Denman elected Common Serjeant, March, 1822, 154. Bolland his competitor, 154. Respective number of votes, 154. Entry and fine in Circuit Book, 154. First sittings in April, 1822, 155. Trial for Blasphemy and sedition of Humphrey Boyle, shop-keeper of R. Carlile, prosecuted by the Constitutional Association, 155. A difiicult task for Denman, 155. Status of the defendant, 155. Character of the libel, 156. Denman's conduct of the trial, 156. Refuses to stop the defendant in his speech to the jury, 156. Leaves to the jui-y the meaning of the libel, and the question whether the publisher was aware of its contents and tendency, 156. Sentence, eighteen months' imprisonment, 157. Thought severe by many, 157. Comments of the Press, 157. Reasonable Liberals not satisfied, 157. Denman's performance of the duties of Common Serjeant, 157. His expedition in trying prisoners, 158. Dislike to technical objections, 158. Testimony to the excellence of Old Bailey juries, 158. Advocates reforms in criminal law procedure, 158. Article in the " Edinburgh Review" for 1824 on the "Law of Evidence," 159. Suggestions from time to time to Home Office regarding law amendment, 157. Emoluments of office of Common Serjeant, 159. Its effect on professional practice, 159. Influence of forensic and judicial engagements on parliamentary success, 159. Denman, for financial reasons, not a candidate at the general election of 1 826, 160. Anew era in 1827, 160. The Canning administration, 160. Split in the Whig party, 160. Brougham and Lord Lansdowne favorable to Canning, i6o. Lord Grey joins Duke of Wellington in strong opposition to him, 160. Position of the leading lawyers, 161. Copley's speech in March against Catholic emancipation, 161. Becomes Lord-Chancellor Lyndhurst in April, 161. Sir C. Wetherell throws up the Attorney-

• Generalship, 161. Scarlett appointed to it, i6i. Tyndal remains Solicitor-General, 162. Letter from Denman to Scarlett advising him to take office under Canning, 162. Denman's personal liking for Canijing and regret at his death, 163.

CONTENTS.

CHAPTER XIII.

General estimate of Denman's Parliamentary career fol- this period, 164. Session of 1821, 164. Presents petition from Thomas Davison, fined 100/. for contempt, by Mr.' Justice Best, on his trial for blasphemy, February 23, 1821, 165. Speech on Mr. Lennard's motion for repeal of Seditious. Meetings and Blasphemous Libel Acts, May 8, 1821, 166. On Sir F. Burdett's motion for inquiry into the Manchester Massacre of 1819, May 15, 1821, 166. On Sir J. Mackintosh's bill for abolishing death punishment in cases of forgery, June 4, 1821, 168. Observations on the proceedings of the Constitutional Association, July 3, 1821, 16S. Session, of 1822, 168. Speech on the proceedings at the Queen's funeral, March 6, 1822, 169. On Lord John Russell's motion on the state of the representation of the People, April 25,, 1822, i6g. Against renewal of Aliens' Regulation Act, June 5, 1822, 170. On same subject, July 19, 1822, 172. Session of 1823, 172. Speech on petition from. Richard Carlile, fined and imprisoned for blasphemous libel. May 8, 1823, 172. On motion of Mr. John Williams for inquiry into delays in Court of Chancery, June 5, 1823, 173. Instances of delay cited by Denman in his speech, 173. Session of 1824, 174. Speech on Mr. George Lamb's motion for leave to bring in a Bill for allowing counsel to prisoners charged with felony, April 6, 1824, 176. Against further renewal of Aliens' Regulation Act, April 12, 1824, 177. Speech on petition of James Silk Buckingham, May 25, 1824, 178. On trial and capital conviction of Missionary Smith at Demerara, June 11, 1824, 178. On Government bill for the suppression of insurrection in Ireland, June 14, 1824, 179. Session of 1825, iSo. Passage in King's speech as to the Catholic Association, Februaiy 2, 1825, 181. Denman's speech in debate on the Address, February 4, 1825, 181. Speech on Government for suppressing unlawful societies in Ireland, February 10, 1S25, 182. Attack on Lord Eldon as the chief opponent of Catholic Emancipation, 183. Speech on petition against re-enacting the Combination Laws, May 4, 1825, 183. Speech on Chief Justices' and Judges' Salaries Bill, May 16, 1825, 184. Denman's views in 1825, on the position and status of Puisne Judges, 184. Income of Lord EUenboroUgh while Chief Justice of King's Bench, 185. Sums realized by Chief Justice Eyre by sale of offices in Cortimon Pleas, 185. Salaries of Chief Justices and Judges as fixed by Act of 1825, and as subsequently reduced byActsof 1832 and 1S51, 186. Speech on proposed increase cf allowances to the Duchess of Kent and the Duke of Cumberland, May 27, 1825, 186. Quarantine Laws, 187. Dr. Baillie's opinion, June 3, 1825, 187. Speech on Sir F. Burdett's motion for producing the evidence taken before the Chancery Commissioners, June 7, 1825, 1S7. Damaging attack on Lord Eldon as Chancellor, 187. Session of 1826