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
Fox asked, “If whether, as it was allowed that it would be lawful
to attempt the repeal of the Act by parliamentary methods, the
attempters would be guilty of a præmunire, if the Parliament should
not concur for the repeal? But that as it was confessed by great
lawyers that the crime could not be described, he desired to have
it considered, whether it would not be more proper, more humane,
and more sensible, to leave the punishment to the Judges?” Sir
Richard Loyd said “That the words _in order_ were not dangerous,
but that _advising_ was too vague, as it may be proper to give
the Regent such advice; that if the word _promoting_ stood, he
should wish to insert _unless to apply to Parliament_.” Fazakerley
approved the addition of _without the consent of Parliament_. The
Attorney said, “That _intent_ could only relate to the person, not
to the concurrence; that he thought the words _Acts passed_ might
be omitted, but that the lowest persons concurring knowingly to
defeat the Act, ought to incur equal punishment.” Lord Strange
said, “It must mean Acts of Parliament, for nothing else could
set aside this:” and then he moved the amendments that had been
proposed.
Pitt said, “He imagined they were already agreed to; that he would
have _Acts passed_ omitted, but liked _in order_: that he approved
the addition of the word _unlawful_, but would omit _without
consent of Parliament_, because it would be inviting applications
to Parliament, and would make men turn their minds to get this
Act repealed, though there was no doubt already, but that the
Parliament could alter this settlement if it should please.” He
then moved to leave out _Acts_, and was seconded by Fox. Fazakerley
asked whether it would not be necessary to have a Commission of
Regency if the Princess should be ill. Pitt then moved to insert
_unlawfully_, and Fox yielded not to mention _without consent of
Parliament_, and to let _in order_ stand. Lord Strange said, if he
were to have the Princess’s ear, he would advise her to get this
Act repealed. Fox moved for leaving out _concurring_. Old Horace
Walpole argued for its remaining; and Sir William Yonge defended it
as meaning no more than the three other words that accompanied it.
Fox ridiculed him on his reverence for the sacredness of tautology,
and said, that if all those words had the same meaning, he would
leave out three of them. Pitt was for retaining the word, because
it had once been inserted, and to omit it now, would be telling the
people that they might concur. Thus at half-an-hour after ten at
night, this inquisition clause, having dwindled into a grammatical
dispute, was voted, with corrections more worthy of grammarians
than a House of Commons, by 126 to 40; a few of Mr. Fox’s and the
Duke of Bedford’s friends insisting upon a division, though the
former would himself have acquiesced.
Public-domain text, read in full here on John Shaqi.
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