Memoirs of the Reign of King George the Third, Volume 2 (of 4)Walpole, Horace
History
Memoirs of the Reign of King George the Third, Volume 2 (of 4)
Walpole, Horace
Great Britain -- History -- 1760-1789; Great Britain -- History -- George III, 1760-1820
Townshend tried to compose the heat that had arisen by recurring to
the subject, and said he hoped no lawyer would assert that juries were
not judges of law as well as of fact. De Grey, Solicitor-General,
said the juries had given the prosecutors exemplary and vindictive
damages, and had been animated by faction. The defendants had pressed
the prosecutors not to delay. Charles Yorke spoke for three-quarters of
an hour on the side of the Opposition; said he would retract if he had
altered his opinion; but found reasons against the warrants growing
all over the kingdom. The warrant had been so _emphatically illegal_,
that it never could be debated in a court of law. It was expedient for
Parliament and for the honour of the Crown, that Parliament should
take the lead in questions of law. The House of Commons had often
carried up resolutions to the other House. This question was connected
with the privileges of the House. Precedents made in good times were
felt in bad. The words of the warrant had been copied from an old
blundering warrant of office, and could never be taken up again. The
Crown should extinguish any jealousy of such a proceeding in future, by
not making difficulties on plain questions. Beckford said, this country
was obliged to Wilkes for the stand he had made. It had been the more
necessary when a Whig Ministry acted on Tory principles, and he quoted
the instance of Minutius, who pleaded that he had written nothing
against the Emperor and _his mother_.
Dyson said, if the House of Commons had a right of declaring law, it
had no occasion to make laws: they might declare to be law whatever
they wished should be so. Lord George Sackville asked if the seizure
of papers would come in question in the Courts below? and said, that,
had they had a mind to impeach the Secretaries of State, they must
previously have come to this declaration.
Norton entered into the defence of Lord Halifax, whose delays, he
said, had not impeded the decision of the great cause. Lord Halifax
had been guilty of a slip; and therefore, against such a prosecutor
as Wilkes, was justifiable. Lord Halifax had availed himself of his
privilege, till Wilkes was outlawed, (and so he did for years after);
the journeymen printers had applied to be bought off. Dryden Leach’s
attorney had come to him (Norton), and said he had heard it was wished
to compromise Leach’s cause; but he (Norton) had refused, but had
offered to bring it to an issue in a week; since then had never heard
of him. Till that very day they had not been able to get the bill of
exceptions sealed. Charles Yorke had said that question had never been
argued; but he (Yorke) had argued it himself. (This Yorke denied.) It
would be a quære whether Lord Halifax, as Secretary of State, was a
Justice of Peace. Had not the most respectable characters, living and
dead, been abused? That sort of libel deserved no quarter.
Public-domain text, read in full here on John Shaqi.
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