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 calling upon the Judges for their solemn opinions was one of
those dramatic exhibitions which had twice before been played off by
the Ministry with success. No man supposed that Lord Hardwicke or
Lord Mansfield wished, wanted, or would be directed by the sentiments
of the rest, the subordinate part of the order: but the Bill was
to be thrown out, and the world to be amused by the gravity of the
oracles that were to pronounce against it. The plan, I believe,
in this, as in the former cases, was Lord Mansfield’s. In his own
and Stone’s affair, the decorum of the Cabinet Council had made
prodigious impression. The Admirals, who were rather struck with awe
than inspired it, had served to give a sort of colour to the fate of
Mr. Byng--but in the present instance this decoration of the theatre
did not terminate so advantageously. The Cabinet Council had said
little, but it was with dignity: the Admirals less, but that was
the very thing desired. When the Judges came, they were to talk, to
talk on law, and to _explain_ that law by _jargon_. The field was
so spacious and so inviting, that they ran into all the subtleties,
distinctions, chicaneries, and absurdities of their profession. They
contradicted one another, and no two of them but differed on some
particular case. They exposed themselves and their instigators, who
at last could not build upon any decision of those sages.
They began with Noel, the youngest Judge, a pompous man, of little
solidity. Wilmot, whose manner was like Lord Mansfield’s, and very
rapid and full of fire, spoke warmly against the Bill, though
the intimate friend of Pratt and Legge. So did Legge’s brother,
the Judge, and Adams, another friend of Pratt. Wilmot and Noel
differed in some points of not much moment. The former spoke with
great applause, though too diffusely. Bathurst was strong against
Wilmot; Smyth with him. Foster could not attend, being hindered
by the illness of his wife; but he was zealous for the Bill, and
published a large pamphlet in support of it. The rest were discordant
and inconclusive; and so little was gained by the delivery of
their opinions, that Lord Temple now pleaded for the Bill on the
disagreement of the Judges; and moved a long question, the purport of
which was, that an affidavit of confinement ought to be a probable
cause for the Judges to grant the writ. Lord Lyttelton saying, that
in any other place that question would be a defamatory libel on
the Judges, Lord Temple started up and said, “This is impertinence
I will not bear.”--This occasioned much confusion. Lord Lyttelton
explained himself handsomely, saying he had applied words to words,
not to persons: he was sorry if he had given offence; he had meant
less offence to Lord Temple than to anybody: he revered the manes of
their former friendship; he hoped the ashes were not extinguished
past return. To all this Lord Temple said nothing; and when the
House insisted on their giving their words that it should proceed no
Public-domain text, read in full here on John Shaqi.
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