did, directly in favour of the appeal. This is a point of fact to be determined by evidence only. But you assign no reason for his supposed silence, nor for his desiring a conference with the judges the day before. Was not all Westminster-hall convinced that he did it with a view to puzzle them with some perplexing question, and in hopes of bringing some of them over to him? You say the commissioners were very capable of framing a decree for themselves. By the fact, it only appears, that they were capable of framing an illegal one; which, I apprehend, is not much to the credit either of their learning or integrity.
We are both agreed, that Lord Mansfield has incessantly laboured to introduce new modes of proceeding in the court where he presides; but you attribute it to an honest zeal in behalf of innocence, oppressed by quibble and chicane. I say, that he has introduced new law too, and removed the landmarks established by former decisions. I say, that his view is, to change a court of common law into a court of equity, and to bring every thing within the arbitrium of a prætorian court. The public must determine
