Memoirs of the Reign of King George the Second, Volume 1 (of 3)Walpole, Horace
History
Memoirs of the Reign of King George the Second, Volume 1 (of 3)
Walpole, Horace
Great Britain -- History -- George II, 1727-1760
The Attorney-General made a slight answer, and this new kind of
divorce passed without farther opposition.[128] Schisms and holy
wars have sprung from smaller seeds! But religious animosities were
out of date; the public had no turn for controversy; the Church had
no writers to make them fond of it again. This had lately appeared;
Dr. Middleton,[129] the best writer of the age, had overturned
the Fathers, and exploded some visions of the Bishop of London,
without a tolerable answer being made in defence of either. Of the
prelates, the Archbishop[130] was a harmless good man, inclined to
much moderation, and of little zeal for the tinsel of religion.
Hutton, the other Archbishop, was well bred and devoted to the
Ministry. Honest old Hoadley,[131] who, to the honour of his times,
had, though the champion of Liberty, risen to the rich Bishopric
of Winchester, was in a manner superannuated. Sherlock of London,
almost as able a combatant for the power and doctrines of the
Church, was past his strength, and still fonder of the politics
of the Government than of the honour of the Keys. The Bishop of
Durham[132] had been wafted to that See in a cloud of metaphysics,
and remained absorbed in it. Gooch of Ely, the highest Churchman
in his heart, had risen to his present greatness in the Church by
shifting his politics. The rest were men neither of note nor temper
to give the Ministry any disturbance.
Then the præmunire clause was read. Mr. Fox said, “He was ready
either to wait for the opinions of the lawyers, or to endeavour
to amend the clause himself. That he had several objections to
the wording of it; that _Acts passed_ may be Acts of Parliament;
that _in order to vary the Settlement_ ought never to be words in
a penal Act; by the same rule a person would be guilty of robbery
who went to a gunsmith’s with another to buy pistols _in order_
to rob. That _null and void_ must mean Acts of Parliament, not
letters-patent, for they cannot supersede Acts of Parliament. That
the crimes intended to be punished by this law should be certainly
known, and not subject to constructions. That the door of the house
where the plague was would be marked, and then whoever entered,
let him die!” He then proposed to leave out the word _præmunire_,
and to leave the pursuit of the crime to the common course of
the law of the land; or to make it even high-treason, provided
it was made clear to the subjects, what the crime was to be; as
no man can suffer but for known crimes. That the maxim, _Misera
est servitus ubi lex est inserta_, can only be meant of penal
laws, for all other laws are undoubtedly much too uncertain. Fox
frequently attacked the lawyers; he loved disputing as much as they
do, but as he loved sense and argument, which they make a trade of
perplexing, he could not bear a society who at once inverted the
use of reason and the profession of justice.
Public-domain text, read in full here on John Shaqi.
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