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
a merit, but should honour it at least for the sake of the precedent.
Pratt prepared a Bill for explaining and extending the Habeas Corpus,
and ascertaining its full operation. It was brought into the House
of Commons, where Pitt and the Speaker supported it with firmness,
and the majority cheerfully promoted it. Yet even in that House it
met with avowed foes. The authority of Lord Mansfield had weight with
some; the influence of Lord Hardwicke with more; and the lawyers,
who easily overlooked the essence of a thing on which there was
enough said in their books to enchant them with sounds and cavils,
laid themselves out in such a profusion of jargon, that nothing
but the nonsense they talked prevented all the world from seeing
how much they contradicted both themselves and one another. They
made the plainest thing in the world, _the right to freedom_, the
most obscure; and yet while any hope of their becoming intelligible
remained, men listened to know through what genealogy of terms this
blessing had been derived to them: a common error that I willingly
censure, as if precedents brought in support of, did not weaken
liberty. Can ages of ancestors submitting to tyranny impeach my
freedom? Have I not a right to be free the moment I have the power
of being so? If we hold our liberties but by Magna Charta, we hold
them by an extorted piece of parchment. If the Crown had a right to
enslave us before, it has a right still, for then that struggle was
Rebellion; and what right can Rebellion give? Magna Charta was but
the King’s confession of his usurpation; as taking up arms against
oppression is only doing justice on the oppressor. I have ever found
that such grave personages as affect to authenticate our liberties
by history and precedent, are no better than those foppish tools the
Heralds, who hoard long rolls of nobility, but are ready to forge a
pedigree for the first pretender to birth.
The Bill passed easily, though tediously, through the Commons. Before
I proceed to its fate among the Lords, I must touch upon the other
events of the season.
The campaign was opened on our part with great success. Prince
Ferdinand and that gallant boy, his nephew, drove the French out of
Hanover, by a plan, like that of Turenne in Alsace, of attacking
them in four different quarters at once. The Count de Clermont, who
had succeeded Richelieu, behaved with a politeness that sufficiently
indicated how much the French were humbled;--he gave a pass to a
Courier, to come and acquaint the King that he was again master of
his dominions. But the virtuous humanity of the Duc de Randan must
not be confounded with the humiliation of his countrymen: Governor
of Hanover, he had treated the conquered with amiable lenity; and
when he was obliged to quit his post, and had full time to destroy
his magazines, he nobly abandoned them to the magistrates, and
marched himself the last out of the city, to prevent his troops from
committing any revengeful outrage.
Public-domain text, read in full here on John Shaqi.
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