Memoirs of the Reign of King George the Third, Volume 1 (of 4)Walpole, Horace
History
Memoirs of the Reign of King George the Third, Volume 1 (of 4)
Walpole, Horace
Great Britain -- History -- 1760-1789; Great Britain -- History -- George III, 1760-1820
It is true, that on the debate it did appear that there were many
and many precedents on both sides. Often had privilege protected a
member--often it had not; but how did that happen to be the case? It
happened, because there had been various cases in which the Crown
was not concerned, but where the contest had lain between subject
and subject; and in those instances the House had often determined
different ways. But on the great case of the seven Bishops, in the
reign of James the Second, Privilege of Parliament had been vindicated
and secured. What would have become of those prelates if the Court had
had this precedent of Wilkes to justify its violence? Even allowing
that privilege were not inherent in members, but had been decided
sometimes for, sometimes against them; was this a time--was this an
instance, in which the House should have waived its pretensions? Was
the blow it gave itself likely to be repaired? But let the preceding
and subsequent conduct of this ductile and servile House of Commons
tell its motives!
The debates were not brilliant, but serious and solemn as the occasion
required. Lord North[387] was the chief manager for the Court,
supported by Norton, George Grenville, Morton,[388] and Elliot. Lord
North’s mouthing and boisterous manner, his coarse figure, and rude
untempered style, contributed to make the cause into which he had
unnecessarily thrust himself appear still more odious. Pitt, Beckford,
Legge, Sir George Saville, Sir William Baker, and James Grenville
defended the Constitution. Much was said on the danger to which every
man’s private papers were now exposed, and more on the injustice of
hurrying on this decision, when Wilkes could not for his wound appear
to defend himself, when he was prosecuting both the Secretaries of
State and the messengers, and when he was to be tried himself for
the libel. What court, what judge, what jury, but must be prejudiced
by a decision of the House of Commons against him? This plea was
glaring, was crying. The lawyers themselves many of them allowed it,
and the debate took that turn; the Opposition endeavouring to stave
off the question on Privilege, the courtiers insisting to bring it
on. Charles Yorke begged for delay, but it was a delay of a few days;
Eliab Harvey, though bred a Tory, pleaded for deferring their decision.
Forester, a Scot devoted to the Duke of Bedford,[389] and reckoned no
squeamish lawyer, spoke for procrastination, and voted against the
Court. Wedderburne, another Scot, argued for farther time; and even
old Wilbraham,[390] the Gamaliel of the Jacobites, could not digest
such indecent hurry, for which he was much commended by Pitt; yet by
seven in the evening the Court bore down all obstruction, and carried
their point by 243 to 166; though Sir John Philipps and Benjamin
Bathurst,[391] two high-prerogative men, were in the minority, with
Glover, and four general officers--Conway, Sir John Griffin,[392]
Public-domain text, read in full here on John Shaqi.
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