Lord Mansfield’s view of the law of libel exposed him to much obloquy. He was a resolute assertor of the doctrine that juries were to judge of the fact only, not of the law, or rather of the question, libel or no libel. A prerogative lawyer on the bench, he was a supporter of Tory principles in parliament. He strenuously maintained the right of the British legislature to tax America, and was the advocate, though he probably would not have been the adviser, of those measures which led to the American revolution; for the temper of his mind seems to have been cautious and somewhat timid, and his political conduct was swayed by an habitual moderation, which sometimes prevented his accession to the more violent measures of his party. His course was consistent with what we may suppose to have been his early prejudices, for he came of a Jacobite family; and it was made a matter of accusation against him, while Attorney-General (most unfairly revived by Junius), that, as a schoolboy, he had been known to drink Jacobite toasts. The charge, if true, was too trivial to merit further notice than George II. bestowed upon it: “Whatever they were while they were Westminster boys, they are now my very good friends.” At the same time he was a steady advocate of religious toleration, both on the bench and in the House of Lords. This he showed in 1768, on occasion of the prosecution of a Roman Catholic priest by a common informer, in his strict dealing with the penal laws enacted against that class of men; and in assigning his reasons for admitting a Quaker’s evidence on affirmation in certain cases. And the Dissenters in general, and especially of the city of London, were much indebted to his support in the House of Lords in 1767, for the abolition of that mean and oppressive custom by which they were fined for refusing to serve the office of sheriff, being at the same time subject to legal penalties if they accepted it. Lord Mansfield’s exposition of the iniquity of this practice was unsparing and conclusive.