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
Lord George Sackville[107] said, “The Officers were concerned
to have this affair inquired into; that if the General did not
disculpate himself, could Officers with honour serve under him?
that he was sensible of the difficulty of not being able to
punish him; and therefore would give his negative to calling in
Ofarel, but proposed to have Anstruther tried by a Board of General
Officers.” Henley (the profession out-weighing the faction in him)
declared the House could exercise no jurisdiction in this case,
where the crimes were misdemeanours; and that even if both parties
should consent to go before a Judge, he would be bound ex-officio
to dismiss the complaint. Lord Strange,[108] a busy young Lord,
very disinterested, often quick, as often injudicious, and not the
less troublesome for either, proposed at least to declare, that
the Act of Grace was the reason of not proceeding; and that if the
House would take no cognizance of this affair, it might be heard
by the Board of Officers. Nugent, too, was tender of infringing
the Act of Grace, and sorry if he had been one to call improperly
on Sir Harry to make the charge. He said, “He had been told that
offences against the Mutiny Bill were to be pardoned only from the
year 43, but that the crimes in question were antecedent to that
era; if not, that the accused must plead the Act. That for himself
he should vote for Lord George’s Motion.”
Anstruther said, “I plead nothing as to the Act of Grace, but
desire the House to take it into their consideration.” Sir Richard
Loyd, a lawyer, said, “This was a misdemeanour, and a pardoned
one; that the prosecution of it now would affect numbers. An angry
court would have acted so formerly; should a House of Commons
act with such narrow microscopic eyes? We want no pardon; many
of our constituents may. An Act of Grace does not merely take
away punishment, but restores a criminal so fully, that to call a
pardoned Rebel perjured, he would have an action. But it is said,
we may inspect: for what end, if no consequence can follow? The
Clergy took this up once, on the misbehaviour of one of their own
body, from whom they would have taken orders, saying, they could
not serve with him; but the King’s Bench deeming it a punishment,
would not suffer it. In the reign of James II. a Mr. Bayne was
sequestered by the House for his unworthiness; but was restored to
his seat by an Act of Grace. If you have a mind to hear angry words
for some hours, without doing anything, you certainly may, but his
offence is neither against the Mutiny Bill, nor within the excepted
term; nor can he, being included within the Act of Grace, wave the
advantage of it.” He concluded, begging pardon of the House with a
sneer, for endeavouring to stop an inquiry.
Public-domain text, read in full here on John Shaqi.
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