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His qualifications as a Judge, 155. His puisnes, 156. His conduct as Chief

Justice, 156. Lord Ellenborough's decisions, 157. Validity of deeds of separa-

tion, 158. Action for Crim. Con., notwithstanding deed of separation, 158.

No implied warranty from high price of goods, 159. Liability for publication

of a libel in England by order of persons living out of England, 159. English

underwriters not liable for embargo put on by the Government of the assured,

160. Validity of marriage of illegitimate minor, 160. Case of the HOTTENTOT

VENUS, 161. Liability of captain of a ship of war for damage done by her

negligent management, 161. Lord Ellenborough supposed to be influenced by

his love of lobster sauce, 162. May the executor of a lady maintain an action

for breach of promise of marriage? 163. May a trespass committed in fox-

hunting be justified? 163. Illegality of cock-fighting, 164. Consuls not

privileged as public ministers, 165. Privilege of House of Commons to im-

prison for contempt, 165. Doubtful doctrine in Rex v. Creevey, 166. Free-

dom of literary criticism, 167. Trespass by balloons considered, 168. Privi-

lege of counsel to criminate an attorney, 168. Award of trial by battle on an

appeal of murder, 169. Lord Ellenborough in the House of Lords, 170. His

maiden speech, 170. His exposure of the Athol job, 171. Right of the Crown

to the military services of all subjects, 173. His hostility to the Roman

Catholics, 174. Trial of Colonel Despard for treason, 175. Trial of Peltier for

a libel on Napoleon Buonaparte, 178.

Trial of Lord Cochrane, 210. Trial of Dr. Watson for high treason, 212. Lord
Ellenborough's tour on the Continent, 213. His prayer when his health and
strength were declining, 214. Trial of William Hone, 214. He is unable to

go the Summer Circuit, 216. Lord Ellenborough resigns his office, 218. Com-

CONCLUSION OF THE LIFE OF LORD TENTERDEN.

His degradation to the peerage, 289. Ceremony of his taking his seat in the
House of Lords, 290. His maiden speech, 291. He opposes the repeal of the

LIVES

OF THE

CHIEF JUSTICES OF ENGLAND.

CHAPTER XLI.

LIFE OF LORD KENYON, FROM HIS BIRTH TILL HE WAS APPOINTED CHIEF JUSTICE OF CHESTER.

But

I BEGIN this Memoir at a time when I have the near prospect of being myself a CHIEF JUSTICE, and when I may calculate upon being subjected in my turn to the criticism of some future biographer. On every account I wish to speak of Lord Chief Justice Kenyon in a spirit of moderation and indulgence. I am afraid that my estimate of his character and judicial qualifications may call forth against me a charge of prejudice and detraction. Although till raised to the bench he was considered only "leguleius quidam, cautus et acutus," he was afterwards celebrated by dependents and flatterers as a GREAT MAGISTRATE, to be more honored than the all-accomplished MANSFIELD. And from the stout resistance which then continued to be offered in Westminster Hall to all attempts to relieve the administration of justice from wretched technicalities, Lord Chief Justice Kenyon was long hailed as the Restorer of the rigid doctrines to be deduced from the Year Books.

He was indeed a man of wonderful quickness of perception, of considerable intellectual nimbleness, of much energy of purpose, and of unwearied industry;-he became very familiarly acquainted with the municipal law of this land; he was ever anxious to decide impartially; and he was exemplary in his respect

1 12 October, 1849.-It had then been intimated to me by the Prime Minister that upon the resignation of Lord Denman, which, from his severe attack of paralysis, was daily expected, I should be appointed his successor.

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