Lords Sitting of 24 June 1861

Preamble
LORD REDESDALEsat Speaker.

DEATH OF THE LORD CHANCELLOR.
EARL GRANVILLE: My Lords, I trust it will not be deemed presumptuous in me, after the event which has just happened under the dispensation of Divine Providence, and which has taken almost from the very midst of us the noble and learned Lord who, up to the last moment of his life, presided over our deliberations, if, as a friend and colleague, I venture to ask your Lordships to agree to the adjournment of the House and of the further consideration of the business on the paper for the day. I do this apart from any political feeling, as a mark of respect for the personal qualities of the noble and learned Lord; as a mark of respect for the position which, as Speaker of this House, he held, and, I may add, as a mark of our submission to the chastening hand of God. The death of the noble and learned Lord has been singularly sudden. Many of you Lordships saw him taking a part in the proceedings of your Lordships' House up to a comparatively late period of Friday evening. On Saturday I had the honour of meeting him in the Cabinet, and of seeing him take his usual part in the deliberations of that body. In the evening I met him in his own house in social intercourse, showing that kindly and friendly feeling, and that affectionate demeanour towards his family, for which he was particularly remarkable. I was struck with the lively pleasure with which he received while at dinner from a noble Lord now present the announcement of the birth of a grandchild, more than four score years younger than

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himself. The noble and learned Lord lived long before the public: his life was one eminently known to all his fellow-countrymen. It is not for me to attempt to pronounce anything like an eulogium on that noble and learned Lord; but I will say that the distinctions and honours which he attained will ever be an encouragement and an example to all in this country, by showing how a man, by indefatigable industry and by the exercise of those personal qualities which God has given him, is able to attain the highest positions in the State. He has died full of years and honours, apparently in full possession of vigour both of mind and body. I believe there can be no doubt that a mind like his was as fully prepared for a sudden as for a lingering death. Indeed, I happen to know that on Saturday afternoon he said to a valued friend of his in conversation, alluding to the long illness of a common friend, that there was a prayer in our Liturgy against sudden death; but that he thought there might very properly be a prayer against an extremely prolonged existence. I venture to ask your Lordships to give a unanimous assent to this Motion; and unless I felt convinced that that unanimity would be displayed, I should have abstained from asking you to agree to a Motion which has no precedent, because the case itself has no precedent that I am aware of in the annals of your Lordships' House. I beg to move that this House do now adjourn.
LORD BROUGHAM: My Lords, I entirely agree with my noble Friend in every word he has said upon this melancholy occasion. I can bear besides a professional testimony, which my noble Friend could not, to the great legal qualifications of the noble and learned Lord. Every one who was acquainted with his professional career, his long experience, his indefatigable industry and power of work, was perfectly convinced that from the moment of his elevation to the Bench he would distinguish himself in his judicial capacity; and accordingly he has completely fulfilled these general and confident expectations. He had all the qualities which distinguish a great Judge; he had indefatigable industry, great professional experience, long practice in the Courts in the various branches of the profession:—all these qualities he brought to the Bench with him—I will not add strict integrity, because no man on our Bench makes an exception to the rule which distinguishes all our Judges, of perfect impartiality be-
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tween party and party, and between the Crown and the subject, upon all occasions. It is not so in all countries. It is our happiness to possess that inestimable blessing. I can answer for my noble and learned Friend having been in the fullest possession of his great abilities up to the very last period of his life. We sat together on Friday morning from between ten and eleven o'clock till the rising of the House as a court of justice, my noble and learned Friend presiding, and showing his usual acuteness and his usual determined attention to every branch of the cause before him. I may add, that this House is in a peculiar manner qualified to judge of the great judicial talents which were possessed by my noble and learned Friend; for I believe there is no instance of such despatch of business as that which he exhibited—not that which Lord Bacon calls "affected despatch," but real, substantial, and useful despatch; and there never, as far as I am aware, was so little arrear in the causes which await your Lordships' decision. I ought to apologize to your Lordships for discharging so superfluous a duty as that of seconding the Motion of my noble Friend; but I thought it was due to the memory of him whom we have lost by this sudden visitation of Providence that I should speak upon this occasion on behalf of that profession to which he belonged, and of which he was so great an ornament.
LORD ST. LEONARDS: I entirely concur in the Motion of the noble Earl opposite. I think we owe it to ourselves and to the noble and learned Lord whose loss we deplore, that we should show every possible mark of respect to his memory. The great eminence of my noble and lamented Friend as a common law lawyer is admitted by every person in this Country. He presided for a long time in a court, of the business of which he was a perfect master, with a knowledge of the law which probably has never been exceeded, and with, a patience and industry which all must have admired. As Chief Justice of England he occupied as proud a position as any man could desire. When as Lord Chancellor he came to preside over the deliberations of this House, and to administer another, and to him in a great measure, a new branch of the law, I confess I thought he had undertaken a perilous task which he could scarcely adequately perform. But, with a just reliance on his great powers, he was induced to accept

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the office which was tendered to him. Your Lordships have seen the manner in which he conducted the business of that great office, and it is no small honour to him to be able to say that, in his capacity of Lord Chancellor, he maintained the great reputation which he had acquired as a common law Judge. I could not reconcile it to myself to remain silent on this occasion.
Agreed to, Nemine Dissentiente.
The Entry in their Lordships' Journals is as follows:—
The LORD PRESIDENT The LORD PRESIDENT acquainted the House, That it was his painful Duty to inform their Lordships that The Lord Chancellor, after having presided at their last Sitting on Friday, and while apparently in the full Enjoyment of Health, had died Yesterday; he trusted that their Lordships, having regard to the extreme Suddenness of this Event, to the high Character of his Lordship the Speaker of this House, and as a Mark of Submission to the Will of God, would agree unanimously that no further Business should be proceeded with this Day, and that all the Orders of the Day should be put off, and the House adjourned.
Agreed to, Nemine Dissentiente.
House adjourned at half-past Five o'clock, 'till To-morrow, half-past Ten o'clock.