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 Bill for explaining and extending the Act of Habeas Corpus was
now got into the House of Lords, where it produced a new scene, and
showed how the feelings of men differ from their professions. The
constitution, as settled at present, is in a King elected by the
voice of the people, without any right of succession, in opposition
to an arbitrary family, and tied down from acts of violence against
the liberty of individuals by that peculiar fundamental law, the
act of Habeas Corpus. The House of Lords is the next branch of the
Legislature. It is composed of the ancient Peerage, who have expelled
their ancient Kings for the innovations of the latter, and of modern
Peers, created under the new establishment by the favour of the
Prince, or selected from the sages of the Law for their integrity,
wisdom, and knowledge of the true rights of their country. In this
House, too, sit the Bishops, who cannot be too tender of those laws,
which secure the exercise of their holy religion. In this House sit
the Cavendishes and Russels, renowned for their vigorous defence
of the Habeas Corpus; and with them the Duke of Newcastle, the
ring-leader of the mob of Whigs on the accession of the present
family. The third estate is the House of Commons.
Let us, before we pass to the discussion of the Bill, anticipate the
behaviour of all these persons and bodies of men, all engaged by
common interest and common honour to support the charter, for which
they had violated other inferior ties; but almost all swayed by
private and separate interests to abandon the cause. The King talked
openly at his Levee against the Bill; and it was understood to be
offensive to him to vote for the extension of it. He was King; he did
not desire to reduce the prerogative lower than it had been delivered
to him. The Lords were become so much more considerable than they
had been before the Revolution, that they were in no danger from the
Crown; and when they do not fear it, they will always be ready to
uphold it. They look on themselves as distinct from the rest of the
nation; and at best, leave the people to be taken care of by their
representatives, the Commons. As jealous of, and as fond of their
privileges, as the King of his prerogative, they are attentive to
maintain them, and deem the rights of the people rather encroachments
than a common interest. Added to this general description, they
were, at the time I write of, a tame, subservient, incapable set
of men, governed entirely by the Duke of Newcastle, and the two
lawyers, Hardwicke and Mansfield. Those lawyers were instances of
the discrimination that ought to be made between the spirit of the
laws and the profession of them. Nobody better read in them, nobody
more warm to enforce them, nobody less actuated by the essence of
them. If either of them ever took the side of liberty, or the side of
mildness, I am willing to be thought to asperse them. The conduct of
the Prelates had for so many years been so uniformly supple, that no
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