each cause, And be judges of _fact_, tho' not judges of laws."
In the third verse are the lines Lord Mansfield cited from memory:--
"For Sir Philip well knows That _innuen-does_ Will serve him no longer in verse or in prose; Since twelve honest men have decided the cause, And were judges of _fact_, tho' not judges of laws."
Lord Campbell and Mr. Harris both make another mistake with reference to this ballad which I may perhaps be excused if I notice. They say that it was composed on an unsuccessful prosecution of the Craftsman by Sir Philip Yorke, and that this unsuccessful prosecution was subsequent to the successful prosecution of that paper on December 3rd, 1731. This was not so: Sir Philip Yorke's unsuccessful prosecution, and to which of course Pulteney's ballad refers, was in 1729, when Francklin was tried for printing "The Alcayde of Seville's Speech," and, as the song indicates, acquitted.
Cambridge, July 29. 1850.
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