Memoirs of the Reign of King George the Second, Volume 2 (of 3)Walpole, Horace
History
Memoirs of the Reign of King George the Second, Volume 2 (of 3)
Walpole, Horace
Great Britain -- History -- George II, 1727-1760
The Attorney-General laboured, in a speech extremely artful, to
convince the Speaker, whose Whig spirit had groaned over this
attempt, that it was no breach of the principles of the Revolution;
and he insisted that it was by no means the sense of Scotland, that
these little magistrates should be for life. He owned, that Judges,
who are to decide on questions of State, should be for life, as in
cases of treason, where it is not fit to trust the Crown with its
own revenge; in cases of charters, &c.; but it is not necessary to
be so strict in mere cases of _meum_ and _tuum_. Even Charles, and
James the Second, permitted other Judges to be for life, as the
Master of the Rolls, the Judge of the Marshalsea, &c., because the
Crown could remove trials into the King’s Bench.
This, with many more details of law, too long to rehearse, were
poorly answered by Lord Egmont; by Pitt, with great fire, in one
of his best-worded and most spirited declamations for liberty,
but which, like others of his fine orations, cannot be delivered
adequately without his own language; nor will they appear so
cold to the reader, as they even do to myself, when I attempt to
sketch them, and cannot forget with what soul and grace they were
uttered. He did not directly oppose, but wished rather to send the
Bill to the Committee, to see how it could be amended. Was glad
that Murray would defend the King, only with a salvo to the rights
of the Revolution; he commended his abilities, but tortured him
on his distinctions and refinements. He himself indeed had more
scruples; it might be a Whig delicacy--but even that is a solid
principle. He had more dread of arbitrary power dressing itself in
the long robe, than even of military power. When master principles
are concerned, he dreaded accuracy of distinction: he feared that
sort of reasoning: if you class everything, you will soon reduce
everything into a particular; you will then lose great general
maxims. Gentlemen may analyze a question till it is lost. If I can
show him, says Murray, that it is not My Lord Judge, but Mr. Judge,
I have got him into a class. For his part, could he be drawn to
violate liberty, it should be _regnandi causâ_, for this King’s
reigning. He would not recur for precedents to the diabolic divans
of the second Charles and James--he did not date his principles of
the liberty of this country from the Revolution: they are eternal
rights; and when God said, “_let justice be justice_,” he made it
independent. The Act of Parliament that you are going to repeal is
a proof of the importance of Sheriffs-depute: formerly they were
instruments of tyranny. Why is this attempted? is it to make Mr.
Pelham more regretted? He would have been tender of cramming down
the throats of people what they are averse to swallow. Whig and
Minister were conjuncts he always wished to see. He deprecated
those, who had more weight than himself in the Administration, to
drop this; or besought that they would take it for any term that
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