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
An affair was now opened, which having once been deemed the most
important point to English liberty, would seem to demand large
discussion. But having been so much agitated formerly, and so well
explained in our parliamentary books, and now ending without any
alteration--rather without any improvement, of the ancient system, I
would willingly be very brief in relating what passed. That I mention
it at all with any detail, when hastening to the conclusion of my
work, is only to mark how much the modes of thinking change, and that
fundamentals themselves can make no impression, if apprehensions of
arbitrary power are not in fashion. If a passion for freedom is not
in vogue, patriots may sound the alarm till they are weary.
The Act of Habeas Corpus, by which prisoners may insist on being
brought to trial within a limited time, is the corner-stone of our
liberty. The power of pressing, and some other cases, seemed to clash
with this invaluable privilege, or that with the utility of pressing;
for if soldiers or mariners, impressed and carried to any distant
quarters or ports, might demand their _habeas corpus_, and claim
to be brought to the capital to have it examined whether they were
properly subject to the violence laid on them, sudden emergencies
would be deprived of their service, and a thousand accidents might
happen to facilitate their total escape, though ever so fit for
the intended destination of them. It was a doubt, too, whether all
the twelve Judges could or were obliged to grant the writ in time
of vacation. These doubts, which many prudent men thought it best
to leave in suspense or overwhelm in silence, others, if warmer,
not worse-intentioned, held necessary to be ascertained the moment
they had come into question: and they had come into question, and
a man, too apt to decide peremptorily when his decisions could
strengthen prerogative, had affected to pronounce against that
universal immunity from uncertain detention of their persons, which
the English, with so much reason, think their birthright. This was
the Chief Justice Mansfield. He had a bitter antagonist in the
Attorney-General Pratt, who had not only entered into employment on a
popular foot, but personally hated the Chief Justice, and was himself
steady, warm, sullen,[20] stained with no reproach, and an uniform
Whig. He declared himself with impetuosity for the utmost latitude
of the Habeas Corpus; and it reflected no small honour on him, that
the first advocate of the Crown should appear the firmest champion
against prerogative. Nor should we deem less highly of him, because
private motives spurred him on to the contest--alas! how cold would
public virtue be, if it never glowed but with public heat! So seldom,
too, it is that any considerations can bias a man to run counter to
the colour of his office and the interests of his profession, that
the world should not be too scrupulous about accepting the service as
Public-domain text, read in full here on John Shaqi.
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