Note 174 — Chapter X

The speeches of Lord Mansfield and Lord Camden are to be found in the Collectanea Juridica, vol. ii. p. 386, and Parliamentary History, vol. xvi. p. 518. It is scarcely possible that the report of Lord Mansfield’s can be correct. It is equally poor both in composition and in argument; the main argument, indeed, being that a woman of Lady Jane’s illustrious descent could not be guilty of a fraud. The report contains none of the invectives against Andrew Stuart to which the text refers,—an omission which has been attributed to Lord Mansfield’s extreme caution or timidity,—and had no other effect than to encourage Mr. Stuart to attack him afterwards with greater fierceness; whilst against Lord Camden, whose speech was at least equally severe, he made no assault whatever.—(Lord Brougham’s Historical Sketches, vol. iii. p. 195.) Lord Camden’s speech has been reported with unusual care, and is no doubt a fine specimen of judicial eloquence. Still, it does not fairly grapple with the difficulties of the case, and some of the strongest objections, too, in the way of the Douglas claim are left entirely untouched.—E.