Hours in a Library, Volume 3: New Edition, with AdditionsStephen, Leslie
History
Hours in a Library, Volume 3: New Edition, with Additions
Stephen, Leslie
English literature -- History and criticism
Our ancestors' justice strikes us as rather heavy-handed and dull-eyed
on these occasions. In another class of trials we see the opposite
phase—the manifestation of that curious tenderness which has shown
itself in so many forms since the days when highway robbery appeared
to be a graceful accomplishment if practised by a wild Prince and
Poins. Things were made delightfully easy in the race which flourished
after the Restoration. Every Peer, by the amazing privilege of the
'benefit of clergy,' had a right to commit one manslaughter. Like a
schoolboy, he was allowed to plead 'first fault;' and a good many
Peers took advantage of the system.
Lord Morley, for example, has a quarrel 'about half-a-crown.' A Mr.
Hastings, against whom he has some previous grudge, contemptuously
throws down four half-crowns. Therefore Lord Morley and an attendant
bully insult Hastings, assault him repeatedly, and at last fall upon
him 'just under the arch in Lincoln's Inn Fields,' and there Lord
Morley stabs him to death, 'with a desperate imprecation.' The
Attorney-General argues that this shows malice, and urges that Mr.
Hastings, too, was a man of good family. But the Peers only find
their fellow guilty of manslaughter. He claims his privilege, and is
dismissed with a benevolent admonition not to do it again. Elsewhere,
we have Lord Cornwallis and a friend coming out of Whitehall in the
early morning, drunk and using the foulest language. After trying
in vain to quarrel with a sentinel, they swear that they will kill
somebody before going home. An unlucky youth comes home to his
lodgings close by, and after some abuse from the Peer and his friend,
the lad is somehow tumbled downstairs and killed on the spot. As it
seems not to be clear whether Lord Cornwallis gave the fatal kick,
he is honourably acquitted. Then we have a free fight at a tavern,
where Lord Pembroke is drinking with a lot of friends. One of them
says that he is as good a gentleman as Lord Pembroke. The witnesses
were all too drunk to remember how and why anything happened; but
after a time one of them is kicked out of the tavern; another, a Mr.
Cony, is knocked down and trampled, and swears that he has received
what turned out some days later to be mortal injuries from the boots
of Lord Pembroke. The case is indeed, doubtful; for the doctor who
was called in refused to make a post-mortem examination on the ground
that it might lead him into 'a troublesome matter;' and another was
disposed to attribute the death to poor Mr. Cony's inordinate love of
'cold small beer.' He drank three whole tankards the night before his
death; and when actually dying, declined 'white wine posset drink,'
suggested by the doctor, and 'swore a great oath he would have small
beer.' And so he died, whether by boots or beer; and the Lord High
Steward in due time had to inform Lord Pembroke that his lordship was
guilty of manslaughter but, being entitled to his clergy, was to be
discharged on paying his fees.
Public-domain text, read in full here on John Shaqi.
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