Memoirs of the Reign of King George the Third, Volume 3 (of 4)Walpole, Horace
History
Memoirs of the Reign of King George the Third, Volume 3 (of 4)
Walpole, Horace
Great Britain -- History -- 1760-1789; Great Britain -- History -- George III, 1760-1820
Carteret Webbe’s counsel was then heard in his defence, and to
move compassion, pleaded before his face that he was decayed both
in eyesight and understanding. Wilkes’s counsel replied. Dr.
Blackstone[188] then moved a long, obscure question, setting forth
that Wilkes’s complaint against Lord Mansfield was frivolous and
trifling; and as the Courts below had pronounced that alteration
of writs was not unusual, the charge was scandalous, as tending to
calumniate the Chief Justice, and lessen the respect of the people for
the law and the judges. He was seconded by a young Mr. Payne,[189] who
spoke for the first time with much applause, though his language was
wonderfully verbose. He was connected with Lord Mansfield, and as his
speech was interlarded with law anecdotes, the person in whose behalf
it was uttered was supposed to have assisted in the composition. Payne
was a good figure and possessed himself well, having been accustomed
to act plays in a private set; but his usual dialect being as turgid
as Othello’s when he recounts his conquest of Desdemona, he became
the jest of his companions and the surfeit of the House of Commons.
Serjeant Glynn showed the injustice of the motion, for as it was
clear and allowed that the writ had been altered, had not the prisoner
a right to plead that alteration in his own defence? Norton and the
Crown lawyers were warm on the other side; on which Barré called them
the heavy artillery of the Court; or rather, said he, they resemble
the elephants in Eastern armies, which fall back upon and put their
own troops in confusion. The Ministers maintained their point till
very late at night, though the House gave many signs of disgust at the
violence of their proceedings. At last George Grenville, with attention
to Lord Mansfield, and yet disapproving the question, wished some
middle and temperate method could be hit upon. The House loudly agreed
with him, but Lord North and Norton stuck firm, and the latter declared
he would divide the House, though he should be alone. The Ministerial
party then cried out as loudly on that side; till Conway rose, and
taking notice that a minute before everybody had roared for moderation,
and now were again for violence, proposed that, instead of harsh words,
they should correct the motion, and say, that the alteration of writs
not being unprecedented, the charge against Lord Mansfield should be
declared groundless. Grenville approved this, and even Norton, and that
amendment was accepted without a division. Thurlow then, at past one
in the morning, moved that Wilkes had not made out his charge against
Webbe, (though a letter had been produced from him to Curry and three
other printers, bidding them take care to be uniform in their evidence,
and though Curry had been subsisted at the expense of the Government,)
and that the charge was frivolous and groundless. If these last words,
he said, were disputed, the debate must be adjourned to another day.
Public-domain text, read in full here on John Shaqi.
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