Memoirs of the Reign of King George the Second, Volume 3 (of 3)Walpole, Horace
History
Memoirs of the Reign of King George the Second, Volume 3 (of 3)
Walpole, Horace
Great Britain -- History -- George II, 1727-1760
The trial had lasted longer than was expected. The Mutiny Bill
expired. A new warrant was forced to be made out, and the depositions
were read over to the witnesses. It was the third of April before
the whole proceeding was closed: the event different from what Lord
George had presumed, and yet short of what he had reason to expect.
The Court-Martial pronounced him guilty of having disobeyed Prince
Ferdinand’s orders, whom by his commission and instructions he was
ordered to obey, and declared it their opinion that he was unfit to
serve his Majesty in any military capacity whatever.
The King confirmed the sentence, but, dissatisfied that it had gone
no further, he could not resist the ungenerous impulse of loading
it with every insult in his power; impotent, as circumscribed in
narrower limits than his wishes; and unjust, as exceeding the
bounds of a just trial; since no man ought to be punished beyond
his sentence. The Court-Martial’s decision was directed to be given
out in public orders to the Army, declaring the sentence worse than
death. The King struck Lord George’s name out of the Council Book,
and forbad his appearance at Court. The Lord Chamberlain, too, was
ordered to notify that prohibition to the Prince of Wales and the
Princess-Dowager; and lest that should not be sufficient, the Vice
Chamberlain was sent to acquaint Lord Bute with it, who said, to be
sure the Prince would not think of seeing Lord George while it was
disagreeable to his Majesty. Lord George’s witnesses and friends were
treated with no less cruelty. Hugo, a Hanoverian, was dismissed on
his return to the Army. John Smith was obliged to quit it here; and
Cunningham was sent to America, though he had been there three times
already. Yet not a murmur followed: as the object was obnoxious, even
the dangerous precedent of persecuting witnesses who had thwarted the
inclinations of the Court made no impression--so much do liberty and
power depend on circumstances and seasons.[106]
The trial of Lord Ferrers had more solemn conclusion. To one man
his crimes were advantageous. Sir Robert Henley, Lord Keeper, had
been hoisted to that eminence by circumstances of faction; which,
however, could not give weight to his decisions in Chancery. Those,
as he complained, were often reversed before his face by the House
of Lords without his being empowered to defend them, he not being a
Peer. It was proper to appoint him Lord High Steward for the trial
of Lord Ferrers; and it was requisite, to fill that office, that he
should be a Peer. Henley was accordingly created a Baron; but as
the Seals had not taught him more law, a Coronet and White Staff
contributed as little to give him more dignity. He despised form,
even where he had little to do but to be formal. He did not want
sense, and spirit still less; but he could not, or would not, stoop
to so easy a lesson as that of ceremonial.
Public-domain text, read in full here on John Shaqi.
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