The Constitutional History of England from 1760 to 1860 — John Shaqi
The Constitutional History of England from 1760 to 1860Yonge, Charles Duke
History
The Constitutional History of England from 1760 to 1860
Yonge, Charles Duke
Constitutional history -- Great Britain; Great Britain -- History -- 19th century; Great Britain -- History -- George III, 1760-1820
wishes and commands, may lead, and often have led, him to destruction.
"But to revert to the law of responsibility. This ought not to be in
effect a safeguard for law itself. As such, it is superfluous in this
country, where law reigns, and where it would never occur to any one
that this could be otherwise. But upon the Continent it is of the
highest importance; as, where the government is an outgrowth of a
relation of supremacy and subordination between sovereign and subject,
and the servant, trained in ideas natural to this relation, does not
know which to obey, the law of the sovereign, the existence of such a
law would deprive him of the excuse which, should he offend the law, and
so be guilty of a crime, is ready to his hand in the phrase, 'The
sovereign ordered it so, I have merely obeyed,' while it would be a
protection to the sovereign that his servants, if guilty of a crime,
should not be able to saddle him with the blame of it."--_Life of the
Prince Consort_, v., 262.]
[Footnote 7: "Lives of the Lord Chancellors," c. cxliii.]
[Footnote 8: Indeed, the opinion which Lord Campbell thus expresses is
manifestly at variance with that which he had previously pronounced in
his life of Lord Northington, where he praised the House of Lords for
"very properly rejecting the bill passed by the Commons declaring
general warrants to be illegal, leaving this question to be decided (as
it was, satisfactorily) by the Courts of Common Law."]
[Footnote 9: From a speech of Mr. Grenville delivered at a later period
(February 3, 1769, "Parliamentary History," xvi., 548), it appears that
the Secretaries of State who signed this general warrant did so against
their own judgment. "They repeatedly proposed to have Wilkes's name
inserted in the warrant of apprehension, but were overruled by the
lawyers and clerks of the office, who insisted that they could not
depart from the long-established precedents and course of proceeding."
And in one of these debates, Mr. Pitt, while denouncing with great
severity Grenville's conduct in procuring the issue of this particular
warrant, was driven to a strange confession of his own inconsistency,
since he was forced to admit that, while Secretary of State, he had
issued more than one general warrant in exactly similar form.]
[Footnote 10: Strange to say, it does not seem absolutely certain that
Wilkes was the author of the "Essay on Woman." Horace Walpole eventually
learned, or believed that he had learned, that the author was a Mr.
Thomas Potter. (See Walpole's "George III.," i., 310; and Cunningham's
"Note on his Correspondence," iv., 126.)]
[Footnote 11: These are the words of the resolution.--_Parliamentary
History_, xvi., 537. But it does not appear what the three libels were.
The "Essay on Woman" was one, the paraphrase of "Veni Creator" was a
second; no third of that character is mentioned.]
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