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
On May 9th, the Bill was read by the Lords. Lord Hardwicke, after
chicaning upon it, rather than attacking it openly, proposed to ask
the opinions of the Judges. Lord Temple answered him with spirit,
and reproached his Peers with being so long governed by one Law
Lord, now by two. He read the strong introduction of the Earl of
Devonshire to the conference with the Commons on the former Bill,
and concluded with showing how improper it was to take the opinions
of the Judges, which must be biassed, as the new Bill inflicted
penalties on them if they refused the writ. This drew on more
altercation between them, and much haughtiness from Lord Hardwicke,
who urged that it was an improper time to press the Bill, when civil
authority wanted the utmost support: an argument that suits the worst
times and the worst Ministers; and never advanced with less truth,
for no man living could say in what instance civil authority had
wanted assistance. Lord Granville spoke for the Bill; but discovering
afterwards how unwelcome it was at St. James’s, he attended it no
more. Lord Mansfield opposed the Bill, and was seconded by the Duke
of Newcastle, who, though approaching to seventy, still appeared in
the full vigour of his nonsense.
Lord Chief Justice Willes, in the name of his brethren, desired time
to consider the question till next term, as he himself was ill, and
three of the order were obliged to attend for three days at the Old
Bailey. But Lord Hardwicke, who the last year would have detained
Admirals under sailing orders of the utmost consequence, affected to
see danger in this delay, in which by the nature of the thing there
could be no danger but in not giving it sufficient deliberation,
and was urgent that the Judges should have but two days to consider
the point: so little decency did that man observe in pursuing the
dictates of his passions. But in this, as in the former case, the
House, with all its complaisance, declined acquiescence, and allowed
the Judges above a fortnight. It was not expected that Lord Hardwicke
would have taken up the point so strongly, as Lord Mansfield, whom he
did not love, was aimed at by the Bill; but Charles Yorke, his son,
who resented that Pratt was preferred to him for Attorney-General,
had declared against the Bill, even without consulting his father.
Public-domain text, read in full here on John Shaqi.
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