The Greville Memoirs, Part 1 (of 3), Volume 2 (of 3): A Journal of the Reigns of King George IV and King William IVGreville, Charles
History
The Greville Memoirs, Part 1 (of 3), Volume 2 (of 3): A Journal of the Reigns of King George IV and King William IV
Greville, Charles
Great Britain -- History -- George IV, 1820-1830; Great Britain -- History -- William IV, 1830-1837
Since I have been out of town the appeal against the Chancellor's
judgment in the Drax (lunacy) case has been heard at the Privy
Council, and will be finally determined on Saturday.[5] Two years
have nearly elapsed since that case was lodged, and the Chancellor
has always found pretexts for getting the hearing postponed; at
length the parties became so clamorous that it was necessary to fix
a day. He then endeavoured to pack a committee, and spoke to Lord
Lansdowne about summoning Lord Plunket, Lord Lyndhurst, and the
Vice-Chancellor, but Leach, who hates Brougham, and is particularly
nettled at his having reversed some of his judgments, bestirred
himself, and represented to Lord Lansdowne the absolute necessity
(in a case of such consequence) of having all the ex-Chancellors to
hear it. Plunket was gone to Ireland, so the Committee consisted of
the Lord President, the Chancellor, Vice-Chancellor, Master of the
Rolls, Lords Eldon, Lyndhurst, and Manners. They say the argument
was very able--Sugden in support of the Chancellor's judgment, and
Pemberton against it; they expect it will be reversed. Leach,
foolishly enough, by question and observation, exhibited a strong
bias against the Chancellor, who never said a word, and appeared
very calm and easy, but with rage in his heart, for he was indignant
at these Lords having been summoned (as his secretary told
Lennard[6]), and said 'he was sure it was all Leach's doing.' What a
man! how wonderful! how despicable! carrying into the administration
of justice the petty vanity, personal jealousy and pique, and
shuffling arts that would reflect ridicule and odium on a silly
woman of fashion. He has smuggled his Privy Council Bill through the
House of Lords without the slightest notice or remark.
[5] [An appeal lies to the King in Council from orders of
the Lord Chancellor in lunacy, but there are very few
examples of the prosecution of appeals of this nature.
This case of Drax _v._ Grosvenor, which is reported in
'Knapp's Privy Council Cases,' was therefore one of
great peculiarity. The Bill constituting the Judicial
Committee had not at this time become law; this appeal
was therefore heard by a Committee of the Lords of the
Council, to which any member of the Privy Council might
be summoned. Care was taken that the highest legal
authorities should be present. It was the last time
Lord Eldon sat in a court of law. Lord Brougham, the
Chancellor, sat on the Committee, although the appeal
was brought from an order made by himself: this
practice had not been uncommon in the House of Lords,
but it had not been the practice of the Privy Council,
where indeed the case could seldom arise.]
[6] [John Barrett Lennard, Esq., was Chief Clerk of the
Council Office.]
May 16th, 1833 {p.370}
Public-domain text, read in full here on John Shaqi.
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