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
February 20th.--The new Lord Advocate of Scotland moved that
the Bill, passed seven years before, for subjecting their
Sheriffs-depute to the King’s pleasure during that term, and which
was on the point of expiring, after which they were to hold their
offices for life, should continue some time longer on the present
foot. It was opposed with great eloquence and knowledge by one
Elliot, a young Scotch civilian, lately chosen into Parliament. The
measure had been one of the steps taken after the late Rebellion,
to create greater dependence on the Crown, and to empower it to
commit places of trust to more loyal hands, as it should be found
necessary.
26th.--The House went again upon the Scotch Bill. Charles Townshend
warmly opposed the Ministerial plan, urged that the independence of
the Sheriffs-depute was a case connected with every thing sacred,
and hoped that the most habitually-attached to a Ministry, who are
generally the most unfeeling, would think on this. What signifies
the best constitution, if the Judges [are] not independent, and
their judgments [not] impartial? If the people are oppressed, what
matters it by whom? That this alteration was a breach of faith to
Scotland--that these Sheriffs are formed according to the claim
of right, and to the Act of Settlement; would not the King have
sufficient power over them if they were to hold their offices only
_quam diù se benè gesserint_? that he was sorry to see _that_ basis
shaken, on which this Administration stands, or it ought to stand
on none. That this will be regarded with fear and amaze; with
fear, for the people will not know what is to follow, or whether
this is not an attempt to try how far they will bear: with amaze,
for Murray had pronounced that there was not one Jacobite left in
Scotland. That he neither meaned ambition nor courted popularity,
but looked upon himself as an executor of those who had planned the
Revolution.
Lord George Sackville replied well, and ridiculed the importance
with which Mr. Townshend had treated so immaterial a business, the
utmost extent of the jurisdiction of the Sheriffs not extending
to decide finally upon property of above the value of 12_l._ Yet,
whoever had come into the House, not knowing the subject, would
have concluded that a question was agitating for taking away the
Judges from Westminster-hall. The lawyers, he said, were not agreed
as to the extent of their criminal jurisdiction: in cases of
treason, it is agreed, they have none. That the Sheriffs-depute,
if supported by military authority, might have suppressed the last
Rebellion. With such resources for good, and so tied up from ill,
would you not entrust the disposition of them with the Crown? The
more this family encroaches illegally, the more they lessen their
tenure in the Crown. But this measure was taken at the request of
the people of Scotland; have any there petitioned against it? Nor
is it a breach of faith, for one Parliament may correct the acts of
a preceding.
Public-domain text, read in full here on John Shaqi.
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