FOOTNOTES:
[86] Robert Walpole, the second Earl of Orford, Auditor of the Exchequer, Master of the Fox-hounds, Ranger of Richmond New Park, and Knight of the Bath, died in March, 1751.
[87] Henry Clinton, Earl of Lincoln, Cofferer, and one of the Lords of the Bedchamber to the King. His mother was sister to the Duke of Newcastle and Mr. Pelham; and he married Mr. Pelham’s eldest daughter, and had the Duke of Newcastle’s estate entailed upon him. He was created a Knight of the Garter in 1752; became Duke of Newcastle in 1768, and died 1794.
[88] Francis Lord North and Guildford, one of the Lords of the Bedchamber to the Prince; created Earl of Guildford in 1752.
[89] Simon Lord Viscount Harcourt, one of the Lords of the Bedchamber to the King; created Earl in 1751.
[90] Andrew Stone, son of a banker, private secretary to the Duke of Newcastle. His younger brother had lately been raised to the Primacy of Ireland.
[91] George Bubb Doddington had distinguished himself early in business, and was at the Court of Spain very young with Sir Paul Methuen, who left him there to sign the treaty of Madrid. He flattered Sir Robert Walpole extravagantly, and wrote that epistle to him, from whence Pope quoted the famous line, where he calls him the bard,
In power a servant, out of power a friend.
However, being refused a Peerage, the great object of his ambition, he broke with the Minister, and attached himself to the Prince of Wales, but was undermined by Lyttelton. He renewed his connexions with Sir Robert Walpole, and was made a Lord of the Treasury; but deserted him again on his decline, and contributed greatly to carry the western elections in 1741, against the Court. He continued in Opposition during Lord Granville’s administration; but came into place again on the Coalition, and was Treasurer of the Navy. However, he again quitted the Court, and renewed his engagements with the Prince, and had a new place erected for him at Leicester House, that of Treasurer of the Chambers, for which, when he went to kiss hands at St. James’s, the King burst out a laughing in his face. The Prince’s family were exceedingly averse to receive him again amongst them, and treated him with great contempt, which made Nugent, but a little before the Prince’s death, tell the Princess, that he thought, considering Doddington was united with them, that he was too ill treated there. She replied with warmth, “However the Prince himself treats him, depend upon it he can never forgive him. He knows that even since his coming this last time into his service, he has said of the Prince, Il a une telle tête, et un tel cœur, qu’on ne peut rien faire avec lui.”—([Vide Appendix.])
[92] On the birth-day of the Prince of Wales, in 1759, Doddington standing in the circle, the Princess passed him without speaking; the Prince just spoke to him, but affected to cough, and walked on; the little Princes, less apprized of his history, and accustomed to see him there, talked a good deal to him. Charles Townshend, who stood behind and observed this scene, leaned forward, and in a half whisper, cried, “Doddington, you are d—d well with the youngest.”
[93] It was common for the Prince, after dinner, to toast to Dr. Lee’s being soon Chancellor of the Exchequer.
December 19th, 1758.—Yesterday morning, died suddenly, in his chair, at his house in St. James’s-square, the Right Hon. Sir George Lee, Knight, Doctor of Laws, Dean of the Arches, Judge of the Prerogative Court of Canterbury, member of Parliament for Launceston, in Cornwall, and one of his Majesty’s Most Honourable Privy Council.
Sir George Lee was the fifth son of Sir Thomas Lee, of Hartwell, in Buckinghamshire, Bart., by Alice, daughter and heir of Mr. Hopkins, of London, merchant; and youngest brother to the late Lord Chief Justice Lee. He represented the borough of Brackley in the seventh, eighth, and ninth Parliaments of Great Britain, and on the 16th of December, 1741, was elected Chairman of the Committee of Elections in the honourable House of Commons by a majority of two only against Giles Earle, Esq.; and upon the change of the Ministry in March following, was appointed a Lord of the Admiralty, which vacating his seat in Parliament, he was in July following chosen for Devizes. In the tenth Parliament he served for Leskard, in Cornwall.
Upon the establishment of the Princess of Wales’s Household, he was in April, 1751, appointed Treasurer to her Royal Highness, which he resigned in the year 1757.
In December, 1751, on the decease of Dr. John Bettesworth, he was appointed, by Archbishop Herring, Dean of the Arches, and Judge of the Prerogative Court of Canterbury, and in February following his Majesty was pleased to confer upon him the honour of Knighthood.
[94] James, Earl Waldegrave, one of the Lords of the Bedchamber.
[95] Eleonora D’Esmurs, daughter of Alexander D’Olbreuse, a private French gentleman, was married to George William, Duke of Zelle, father of Sophia Dorothea, wife of King George the First.
[96] William Pitt, younger brother of Thomas Pitt, of Boconnok, in Cornwall, was originally a Cornet of Horse, and broke by Sir R. Walpole at the time of the Excise, when his kinsman, Lord Cobham, lost his regiment for opposing that scheme. He was then made Groom of the Bedchamber to the Prince of Wales. The old Duchess of Marlborough left him ten thousand pounds, and her grandson, Mr. Spencer, entailed the Sunderland estate upon him after his own son. When Sir Robert Walpole resigned, and Mr. Pulteney was created an Earl, Mr. Pitt said, “He now knew his place in the House of Commons.” He continued in Opposition, and distinguished himself greatly against the Hanover troops, and personally against Lord Granville, till the fall of that Minister. On the coalition, he pretended to desire nothing for himself; but as soon as his junto were placed in good employments, he began opposing again, till in a very short time he was made Vice Treasurer of Ireland, and was designed for Secretary at War, which the King (at the instance of Lord Bath) refusing to make him, occasioned the revolution of three days in 1746; soon after which he was made Paymaster of the Forces on the death of Mr. Winnington, the King persisting in not letting him have any place that could give him the entrée of his closet.
[97] Henry Fox, only brother to Lord Ilchester, had been bred a Tory, and was voted, upon a petition, out of one of Sir Robert Walpole’s Parliaments; but being reconciled to the principles of the Court, by the friendship of his brother with Lord Hervey, to whom Mr. Fox was second in his duel with Mr. Pulteney, he was made Surveyor of the Works, and on Mr. Pelham succeeding to the head of the Treasury, Mr. Fox was made a Commissioner of that board, and was at this time Secretary at War.
[98] He had been Aide-de-camp to the Duke of Marlborough, and a Colonel of Foot, but was obliged to sell his regiment when his Patron was disgraced. On the accession of the Hanover family, he was made Comptroller of the Customs, then Groom of the Bedchamber to the present King, Treasurer to the Queen, and on the resignation of Sir Charles Hanbury Williams, Paymaster of the Marines. He died at the end of the year 1751.
[99] Henry, a younger son of Allen, Lord Bathurst.
[100] January 6, 1769.—Yesterday died at his house in St. James’s Street, his Grace Charles Sackville, Duke of Dorset, in the 58th year of his age. His Grace received the first rudiments of his education at Westminster School, in which he was introduced by the late celebrated Prior, and there gave strong indication of genius. The Duke afterwards visited France and Italy, with the latter of which countries he was particularly delighted, being accompanied by the late learned and very benevolent Mr. Spence, who cherished the love which his Grace naturally bore to the Polite Arts. At his return from his travels, he encouraged learning and learned men. The Duke was honoured with the esteem and affection of the late much-lamented Prince Frederick, and it was thought that his Grace would have made a very considerable figure in the State. He was skilled not only in the learned languages, but also in the modern. He had not the talent of speaking in public, so was not distinguished in the House of Commons; but he was a fine prose writer, of which (among other pieces) his Treatise concerning the Militia is a proof. Some few printed specimens of his poetry show his happy talent for that engaging art; and especially the manuscript pieces left behind him, which, it is hoped, will not be lost to the world. The Duke had laboured, during many years, under a complication of distempers, and was carried off in a fit. The excruciating pains with which he had been long afflicted made life uncomfortable; however, those who were acquainted with his former days, image to themselves the learned, the polite, and entertaining companion, whose affability was very attractive, as it threw off (in his presence) all distinction, that of superior merit excepted. But, alas! sickness, disgust, and disappointment, are apt to sour the sweetest dispositions.—(Public Journals.)
His Grace is succeeded in title and estate by the Hon. John Frederick Sackville (son of the late Lord John Philip Sackville, second son of Lionel Cranfield, first Duke of Dorset), and Knight of the Shire in the present Parliament for the county of Kent.
[101] Lionel Cranfield, first Duke of Dorset, had gone through most of the great posts, and was at this time Lord President, Lord Lieutenant of Ireland, Constable of Dover Castle, and Knight of the Garter.
He had voted once or twice with the Tory Ministry, when coming one day into the Kit Cat Club (it was about the time that the Portuguese had abandoned the Army of the Allies in Spain) Earl Berkeley, a boisterous zealous Whig seaman, cried out, “God d—n you, Sir, no Portuguese! I will keep company with no Portuguese!”—([Vide Appendix.])
[102] The Duke of Cumberland.
[103] Edward Vernon, a silly, noisy Admiral, who, towards the beginning of the war with Spain, was rash enough to engage to take Porto Bello with six ships only, and rash enough to accomplish his engagement; which made him so popular, that, notwithstanding his failing soon afterwards in an attempt upon Carthagena, and after that, more blameably upon Cuba, by his dissensions with General Wentworth, he was chosen into Parliament for several places, had his head painted on every Sign, and his birth-day kept twice in one year. Yet as his courage was much greater than his sense, his reputation was much greater than his courage. One should have thought that the lightness of his head would have buoyed up his heart in any extremity! He had withdrawn himself but very awkwardly from two or three private quarrels, and lost his public character with still greater infamy; for being out of humour with the Admiralty, he published a series of letters and instructions from that Board in the very heat of the Rebellion, by which he betrayed our spies—[It was believed that one of them was actually hanged in France, he being never heard of after this transaction]—and intelligence to the French, and was removed from all command with ignominy. He raised great wealth by the war, and by his economy, and was at last chosen one of the Directors of the New Herring Fisheries, which occasioned the following epigram:—
Long in the senate hath brave Vernon rail’d,
And all mankind with bitter tongue assail’d;
Sick of his noise, we wearied Heav’n with pray’r,
In his own element to place the tar:
The gods at length have yielded to our wish,
And bad him rule o’er Billingsgate and fish.
October 31, 1757.—Sunday last, died at his seat, at Nacton, in Suffolk, Edward Vernon, Esq., member of Parliament for Ipswich, and elder brother of the Trinity-house. In the sixth and seventh Parliaments of Great Britain he represented the borough of Penryn, in the eighth the town of Portsmouth. On the 20th of July, 1739, he sailed from Portsmouth for the West Indies with nine men-of-war and a sloop; and on the 5th of November following sailed from Jamaica with the Burford, Hampton Court, Princess Louisa, Strafford, Norwich, and Sheerness; and on the 21st of the same month took the fort of Porto Bello; as also Gloria Castle, and Castle of St. Jeronimo, with five ships only (the Sheerness being then cruising off Carthagena), with the loss of only seven persons killed, and twelve wounded. In this expedition the principal engineer in the mining work was Captain (now Admiral) Knowles of the Diamond, assisted by Captain (now Admiral) Boscawen, who desired he might serve in this expedition as a Volunteer, his ship the Shoreham not being then fit for the sea. For this service the Admiral had the Thanks of both Houses of Parliament, was presented with the Freedom of the city of London in a gold box; and in the ninth Parliament of Great Britain, summoned to meet the 25th of June, 1741, was returned for the city of Rochester and borough of Ipswich, but made his election for Ipswich, which he also represented in the last, and in the present Parliament. After the affair of Porto Bello, he took Chagre, and continued in his Majesty’s service till the year 1748, when several matters which had passed between the Lords of the Admiralty and Mr. Vernon being laid before his Majesty, he was struck off the list of Flag Officers. (Public Journals.)
[104] He lost the battles of Fontenoy and Laffelt against Marshal Saxe, and all Flanders.
[105] Sir John Legonier was a French Protestant and Knight of the Bath.
[106] General Hawley was so severe, that he was called in the Army the Chief Justice.
[107] Youngest son to the Duke of Dorset, and Colonel of a regiment.
[108] Eldest son of the Earl of Derby.
[109] The great promoter of the Colony of Georgia, had been surprised and put to flight by a party of the Rebels at Clifton.
[CHAPTER V.]
Prince George created Prince of Wales—The Regency Bill—Murray’s case in the King’s Bench—Speech of Lord Bath—His character—Speeches in the House of Lords on the Regency Bill—It is brought to the Commons, and opposed by the Speaker—Character of Speaker Onslow—Debate in the House of Commons on this Bill—Character of Horace Lord Walpole—Speeches of Pitt and Fox—The Regency Bill read a third time in the House of Commons, and passed.
April 25th.—Prince George kissed the King’s hand on being created Prince of Wales.
26th.—Sir John Phillips moved the King’s Bench for a Habeas Corpus for Murray, which was granted. Sir John was a man of a worse character than parts, though they were not shining. He had quitted Parliament on the desperate situation of the Jacobite cause, after having attempted during the last Rebellion to get the Subscriptions and Associations for the King declared illegal; and was now retired to Oxford, the sanctuary of disaffection.
The King sent a Message to both Houses to desire they would pass an Act for appointing the Princess Dowager of Wales, Regent, with proper limitations, in case he died before the Prince was eighteen. The Duke of Newcastle, seconded by the Duke of Devonshire, opened it in the House of Lords; Mr. Pelham, and the Chancellor’s eldest son[110], in the Commons. Both the brothers made awkward and ill-placed panegyrics on the Duke; and Addresses of Thanks were voted.
27th.—Murray was brought by Habeas Corpus into the King’s Bench; but, three Judges allowing the validity of a commitment by the House of Commons, he was remanded to Newgate.
May 1st.—The Regency Bill was to have been brought into the House of Lords, but was deferred, to be softened a little, upon objections made by the Bishop of London to the unprecedented powers that the Council had given themselves in it. The Chancellor drew it; and for the honour of his profession had contrived to show that a legal tyranny might be formed as despotic as the most usurped authority. And lest it should shock a free people, and draw an odium on the Government, he had submitted to bear the greatest share of the envy himself; for, though the Bill was directed to establish the power of the Pelhams, the Chancellor was likely to have the amplest share by his own voice, and those of his creatures, the Archbishop, the Chief Justice Lee, and my Lord Anson, his son-in-law, whom they designed for first Lord of the Admiralty, though on the original plan, that Officer was omitted in the Council of Regency, because they had not then determined to remove Lord Sandwich.
3rd.—A question was proposed to the House by Sir William Yonge, whether such members as were named to be servants to the new Prince of Wales were to vacate their seats, as their appointment was by the King. Stone and John Selwyn were of the number. It was agreed in the negative without a Motion.
7th.—The Duke of Newcastle opened the Regency Bill in the House of Lords, and it was read the first time without opposition.
10th.—The committee in the Lords on the Regency Bill. Earl Stanhope, whose studies were mathematical, and principles republican, to the honour of which, though without any parts, he had acted steadily in Opposition, when Jacobites and Royalist-Whigs, and men of all other denominations had changed for every other denomination, opposed the clause that gave the Regent a Council; an opinion that was rather more consistent with the effect of his principles, to oppose a Regal Government, than with his principles themselves; but it was carried by 98 against him, and the Earls of Thanet, Shaftesbury, Oxford, and Lichfield, the Viscount Hereford and Townshend, and the Lords Ward, Maynard, Foley, Romney, and Talbot.
Lord Bath then made as miscellaneous a speech as he used to do in the House of Commons; objecting to the not leaving the Regent power to displace any of the inferior Commissioners of Treasury or Admiralty; and weeping actual tears when he mentioned the possible event of the King’s death. This duteous dew was followed by a joke on Harry Vane[111], formerly his tool and spy, now in that office to the Pelhams, and a wonderful Lord of the Treasury, who, whenever he was drunk, told all he knew, and when he was sober more than he knew, and whom Lord Bath said, on seeing there, he did not mean to propose removing. Then soaring up to a panegyric on the Princess, he observed, that female reigns in England had not been the least glorious, and yet the great Princess, who was likely to figure with the Elizabeths and the Annes, would not be empowered to reward merit, or to place, if she found such an one, a proper person at the head of the Treasury: that she even would not have authority to appoint her own son, Prince Edward, Lord High Admiral, nor to grant convoys to any merchants who solicited for them: that indeed she might tell the merchants she would use her interest with Parliament to get this Bill altered, and then she would protect them. He then (it is very true he said so) wished that all employments were for life, or quam diù those who held them se benè gesserint; and professed (it is even true that he professed) having been ashamed of the struggles he had seen for places, half of which he wished were to be diminished at the King’s death, and the salaries to be applied to the Sinking Fund: that, having been lately in France, he had observed that the weight of their debt is the debts on employments. He concluded with declaring he liked the Bill, and did not mean to oppose it.
Lord Bath[112] is so known a character, that it is almost needless to draw him. Who does not know that Mr. Pulteney was the great rival of Sir Robert Walpole, whose power he so long opposed, at last overturned, and was undone with it? Who does not know that his virtue failed the moment his inveteracy was gratified? Who does not know that all the patriot’s private vices, which his party would not see while he led them, were exposed, and, if possible, magnified by them the instant he deserted them? Who does not know that he had not judgment or resolution enough to engross the power, which he had forfeited his credit and character to obtain? and who does not know that his ambition, treachery, irresolution, timidity, and want of judgment were baffled[113] and made advantage of by a man who had all those vices and deficiencies in a stronger proportion—for who does not know the Duke of Newcastle?
The Chancellor answered Lord Bath upon some points of form that he had mentioned in the drawing Commissions for the Boards of Treasury and Admiralty, but owned that it was indifferent to him whether that clause in the Bill were altered or not. Lord Bath confessed himself in a mistake, having concluded that a single alteration vacated the whole Commission. Dr. Maddox, Bishop of Worcester, who did not want parts, wanted them now, making a bad speech, and objected that the Princess, who might make a Lord Lieutenant of Ireland, would not have authority to make a Baron of the Exchequer there; and he proposed her having the disposal of all offices in general. The Duke of Newcastle, who had too much good-nature, or too much jealousy, to let anybody else be eminently ridiculous where he was present, replied in a tone of raillery, “that the nomination of Bishops and Judges had been previously excepted, because the first thoughts of the compilers of the Bill had been directed to the security of our souls and properties, and had been taken from the Regent, because she might not know the true character of such Divines as were recommended to her.” And, lest even this nonsense should wear the appearance of an argument, his Grace added, that he could not help remembering what had been said when the Act of Union passed, that there were already in the English House of Lords twenty-six immortal Peers, meaning his good Lords the Bishops, who he hoped would all deserve immortality.
Lord Talbot, a Lord of good parts, only that they had rather more bias to “extravagance” than sense, opposed the clause for continuing the Parliament for three years after the King’s death; talked over the nature of Government, asserted that the contests arrived in England during minorities had not arisen from new elections; and said, that “they might make laws with relation to future Parliaments, but had no power to extend the duration of the present.” Lord Talbot[114] was a sworn enemy to the Chancellor from some family jealousies, and soon after his father’s death and Yorke’s elevation, who had made a speech against some advantages that were demanded for the Prince of Wales, Lord Talbot said, “He should certainly submit to such high authority, if he had not in his hand an opinion directly contrary, which he could not help thinking of equal weight.” It was expected that he was going to read a judgment of his father, but it was an opinion which the present Chancellor himself had given, when he was Attorney-General, on a parallel case referred to his and Talbot’s judgment in the late reign, when the present King had figured in the character of a mutinous Prince of Wales.
Lord Granville replied to Lord Talbot, “That it was the parliamentary clause that gave stability to the whole Bill, and hoped we should even have enacted it without a message from the Throne. That Rebellions were best carried on during elections; that it had been the policy of Louis the Fourteenth to foment them here at that season; and that he had had an opportunity, when last Secretary of State, of knowing, among the secrets which had not come to light, that it had been an advice given in the Council of France during the very last Rebellion, to wait for a general election.” He declared his approbation of the restrictions, not that they would, he hoped, be necessary in the present case, but as they would be a precedent for, and of service to posterity. The Bishop of London made no opposition, and the Bill was committed by 106 to 12, Lord Townshend voting for the latter clauses, and Lord Folkestone against them.
The Duke of Bedford was laid up with the gout and rheumatism, but was very eager to have gone to the House and opposed the whole tenour of the restrictions. His friends apprehending that it would undo him with the King (who had been made to believe that this act against his own son was of his own direction), used all their endeavours to dissuade him, and succeeded pretty easily after the first division, which had been composed of so few, and those such insignificant Lords. Lord Sandwich, who was not impatient to precipitate his own fall, voted, with the Duke’s consent, for every part of the Bill.
13th.—The Lords read the Regency Bill the third time, and sent it to the Commons, who read it immediately. Mr. Pelham opened it, and moved for its being read a second time. Sir Francis Dashwood made several objections to it, and asked “What was the intent of the Duke’s being the head of the Council of Regency? a question, he said, simply of curiosity, for he did not desire he should have any power. If this Bill was calculated to pare away the prerogative, he wished the Parliament would set about it roundly, and stickle for a new Magna Charta. He observed that there was no provision made, in case the Princess should die before the determination of her Regency; and he feared her being displeased with these very strict limitations.” He attended the Bill no more, which he foresaw would pass by a great majority, after he had satisfied himself with declaring against it. He was a man of sense without eloquence, and of humour without good humour: naturally inclined to adventures, and had early in his life made a voyage to Russia, dressed like Charles the Twelfth, in hopes of making the Czarina Anne fall in love with him—an improper hero to copy, when a woman was to be captivated! Oglethorpe found more faults in the Bill; Nugent commended it extravagantly. Lord Limerick too approved it, but observed a want of provision, in case the King died during a dissolution of Parliament, or before a new-elected one had sat.
The Attorney-General answered him, and the two other opponents, and declared his opinion, that a new chosen Parliament, even before a session, would answer the purposes described in the Bill: but the Solicitor-General thought that it must be the dissolved Parliament that should re-assemble. The Attorney[115] was a man of singular goodness and integrity; of the highest reputation in his profession, of the lowest in the House, where he wearied the audience by the multiplicity of his arguments; resembling the Physician who ordered a medicine to be composed of all the simples in a meadow, as there must be some of them at least that would be proper. T. Pitt and Sydenham spoke against the Bill; Dr. Lee in approbation of the Council, as a safeguard to the Regent, and treated the nomination to offices as a trifle. Henley spoke for the Bill, but agreeing with Lord Limerick’s observation. Mr. Pelham then proposed to read it a second time on the morrow. T. Pitt asked for a longer day, and to have the Bill printed, and was seconded by Sir John Cotton; but on Mr. Pelham’s opposing it, there was no division. The House sat till past seven.
14th.—The Regency Bill was read a second time, and opposed only by Mr. Delaval, in a very absurd speech, which he asked pardon for not having made the day before, which was the first of his sitting in Parliament.
16th.—The House went into the Committee on the Regency Bill, when Mr. Pelham, who had apprehended no considerable opposition, was in the Chair. T. Pitt moved to refer the King’s Message to the Committee; Vyner to adjourn till the Bill could be printed; but as the House generally suffered him to be singular in his opinion, nobody seconded him now. Prowse, who affected to be in Opposition, what Mr. Pelham affected to be in power, candid, and who was, like Mr. Pelham, a man of some sense without parts, said, “That when this Bill should be passed, he supposed the King would not remove any of the great Officers who were to compose the Regency, as they would tacitly have had the approbation of Parliament; indeed, of what must they be guilty to justify turning them out after this approbation?” That it would be quoted hereafter by ambitious subjects, who should want to engraft themselves upon the Regal Authority, that even this Parliament had strictly tied up the hands of a Princess, whom they affected so much to commend; that the Royal Power can’t be divided into many hands; and that if this Bill passed, the nation ought indeed to pray for the King’s life.
Lord Strange and Sir Roger Newdigate both spoke against the Bill; and Charles Yorke, second son to the Chancellor, a young lawyer of good parts, but precise and affected, for it. He said, “That there were but two instances of a Parliamentary Regency, those of Richard the Second and Henry the Sixth, and in both those, Councils had been established by Parliament; that the confusions of those minorities flowed from the advice of Parliament not being followed: that the Duke of Gloucester, on his brother’s going to France, applied to Parliament for directions how to act, and was told by them, that his power was limited, and accordingly had only the title of Protector conferred on him: that this clause puts the Princess under a happy inability of doing wrong; and that it would quiet jealousies, if there be a subject among us who could create suspicion.”
Fazakerley made remarks upon the Bill, without directly opposing it; and then Mr. Onslow (the Speaker) with a solemnity never more properly assumed, made a noble and affecting speech against it. “He professed that he would not have begun an opposition to the Bill, but could not avoid, when once it was opened, to declare that he thought the regulations dangerous; and that having so much studied the constitution, as it was his duty to do, he was obliged to speak his opinion. It was, that the Regal Power must not be divided; that control is dividing it; that it never ought to be controlled, except when abused; that instead of one King, we should have nine; that the Council might put a negative on what the Regent should propose; that to control, is to give the power to those who control; that if the Council refuse to make peace or war, the Regent must submit; that this control is placed in the hands of those she will not be able to control; that the best Regent we ever had, the Earl of Pembroke, in Harry the Third’s time, was a single Regent; a good man, but his virtue was assisted by his undivided power. That he foresaw there would be dissensions among themselves; though he had a high opinion of those designed, yet will they not be men? Power corrupts the best understandings; factions in the Regency may derive themselves into both Houses, and those who should correct, may become parties in the grievance. In Edward the Sixth’s time, though the reformation of religion was then in question, did it check the animosities in the Council? Even then, letters-patent were obtained in contradiction to an Act of Parliament, which had limited the Protector’s authority. That though any members of the future Council will be removeable by address to Parliament, how will such address be obtained against the most turbulent? Nay, Parliament may be under a long prorogation, and the Regent, all helpless, will see nothing but factions in the Council that should assist her. How distressed will be her condition, how distressed the condition of her children, of the nation! I wish well,” continued he, “to those who will have the power, a power that nobody will envy them! Though it has the appearance of establishing that power of which I am the most apprehensive! I must—I will speak my duty! It may be for the service of those who procure this Bill. Why, if the power of peace and war is to be delegated, why is it not entrusted to the Parliament? I hope we are not to address the Council for either! Nay, if we should submit to that humiliation, what, if they should slight, as they may, our application? What a solecism in this constitution to have Parliament contradicted by nine persons!”
He then made a solemn prayer for the King’s life, as the only preservative against this plan of power, which, he said, if it ever took effect, would exceed all the evils that could be foreseen from a single Regent. For himself, he had nothing to ask, nothing to fear, and whenever he should cease to serve the House, he knew whither only he would go. He then entered upon that monstrous clause, which subjects to the penalties of a præmunire whoever shall attempt any alteration of this system after it be enacted. He argued with great weight on the prodigious danger of it, and mentioned a test proposed in 1675 to oblige members to take an oath not to attempt any alteration in the State. It held a Debate of seventeen days, and at last the House of Lords resolved, that such a test would not affect Debates in Parliament, or restrain them. He said, that if members should meet privately to concert measures for the repeal of this law, it might be construed into a præmunire; and many lives had been taken away by construction. He concluded with an earnest asseveration of the uprightness of his intention, and a serious protest against the mischiefs of the Bill.
Mr. Pelham was inexpressibly shocked at this speech, though he had no reason not to have apprehended it. The Speaker had been at the private meetings on the Bill, where he disputed warmly with the Chancellor. Their cabal said that he acquiesced; that when he had given his reasons and found they had no weight, he had said no more—was that acquiescing? They even said that he agreed to the general plan on their softening some points, which at last they did not soften. On sketching out some correction of the most flagrant strokes of power, the Duke of Newcastle had said, “Now they had reduced the Bill to nothing!” The Speaker replied, “I wish it was! it would be better for you. If it is nothing, it is a reason for not doing it.” This argument probably struck them, and so they did all they first intended. He told Mr. Fox, that they might have softened it with regard to the Duke, by declaring it was the tenour of the English constitution. Mr. Fox assured him, that the Duke had said, “My Lord Chancellor told me, no such declaration could be made, because circumstances might happen to make it inconvenient. That crisis,” continued the Duke, “must be when I am out of the question.”
The Speaker was master of an honesty, which though it would bend very much upon most occasions, especially when its warping would prop its reputation, was tough and steady when pushed to an extremity: and he would sometimes see that extremity as soon in trifles as in materials. His disinterestedness[116] was remarkable, and he was fond of exerting it. Popularity was his great aim, impartiality his professed means, universal adulation and partiality to whatever was popular, his real means of acquiring it. He was bigoted to the power of the House of Commons; and, like all zealots, ardent for his own authority, as intimately connected with the interests of his idol. He had much devotion from the House, few friends in it, for he was too pompous to be loved, though too ridiculous to be hated; had too much knowledge not to be regarded; too much dignity in his appearance not to be admired; and was too fond of applause not to miss it.
The Speaker was answered in a long deduction by the Attorney-General, and by Charles Yorke, who said, that on the first Regency Bill after the Revolution, ten Judges had given their opinions that the regal power may be both delegated and divided. Lord Strange asked shrewdly, “If it was probable that there would be no dissensions in the Council of Regency, which was to be composed of the present Ministry? Survey them; with what cordiality have they concurred in all measures for some years! May not it happen, that if the Regent should refuse[117] to employ some person recommended by them, the junto may threaten to resign? an insult, such as within my own time I have almost seen offered to a crowned head! We shall see all that repeated scramble for power, that I have two or three times seen acted over. Can the Duke be removed by address of Parliament? I won’t say that he is most likely to do mischief, but certainly he is most capable of doing it. As to the præmunire clause, the person who drew it deserves to incur it.”
Murray, the Solicitor-General, said, “He did not wonder there were but few precedents to direct them of a Prince thinking thus greatly of his own death, and providing for emergencies to arise after it: that the Law of England knows no minority: if the person of the minor King should be seized by force, his power would accompany the possession of his person: that this Bill creates a minority, and provides against the evils of it: that in private cases, no guardian has the whole power over an estate, that his ward will have when he comes of age; that no Prince, even in absolute governments, ever appointed a Regency without control; that all the members of the future Regency must be thought proper persons by the King; that the great officers specified must be named by him; and the four others whom he is to appoint by his will must be entirely of his own choice; that there are but three acts of legislation which the Regent and the two Houses cannot perform—altering the established succession, the established religion in England, and the Presbyterian church government in Scotland; that members of Parliament are not restrained from taking measures to get this law repealed; that the prohibition is levelled against altering what shall be done by the Regency, not against altering the Bill, and clause of præmunire. He asked whether it was wished that the Regent should be made too powerful for the Council and both Houses of Parliament; and whether even a King ever made a Judge without the approbation of at least three of his Council? and he added, that it would be a solecism to say that the Council should be a check upon the Regent, and yet be removeable by her as easily as she pleased. That she would have a strong control upon them, as they would not have power even to make a Judge without her; nor be able to move anything without her concurrence. With regard to what the Speaker had urged on the delegation of the power of making peace and war, he asked, if there was no difference between entrusting it to a Council of seven hundred men, who take all the inhabitants of this country to their assistance, and a Council of twelve persons?”
Mr. Fox then declared himself for the Bill though he spoke against almost every part of it; and being afterwards told by Mr. Pelham peevishly, that Pitt’s was the finest speech he ever heard, but that he (Fox) had not spoke like himself; he replied, “I know it; if I had, I should have said ten times more against the Bill;” but he objected that the præmunire clause was a little ambiguously worded, and that if the person who penned it was aware how wrong it was, he indeed deserved to incur all the weight of it. “Can fourteen persons[118],” said he, “have power, and not want more than their share? and if the Regent and her Council should proclaim the young King major a year before the time specified, would not a man in the street who hallooed at such proclamation be liable to a præmunire?” “The crime,” he added, “was too uncertainly described for such heavy punishment, and of all times a minority is the worst to subject the people to penal laws.” He would have had the whole clause omitted, because every man, without being a lawyer, ought to know what the Regent can or cannot do. He asserted, that as the Chancellor is named in the Bill to be necessarily of the Regency, the putting the Great Seal in Commission would violate the Act. If they would not erase the whole clause, he proposed that the punishment annexed should be impeachment, as it could only be meant to come at great persons who should attempt to disturb the Settlement. Mr. Pelham, from the chair, told him angrily that this was not the clause then in debate, but the first clause, which passed without a division about seven o’clock.
Norris Bertie then spoke against the whole Bill, thinking penal laws dangerous in the hands of ten subjects equal to himself, and that he was serving his country while he delayed the Bill even by speaking. Sir John Barnard declared against appointing a Council, and affirmed that the consideration of the person intended for Regent ought to have weight in the Debate, though the contrary was asserted; that while she was controlled, we should have no kingly authority; the more preposterous, as he could foresee no inconveniences from the Princess’s enjoying it; that the nation might want some of its great officers, unless she should always name such persons as should be agreeable to the junto, who would have means of inducing the Parliament to pass Acts disagreeable to her, at the same time, that without them she would not have power to dissolve or prorogue it. He concluded with desiring it should be known that he was utterly against the Council. Harding, a sensible knowing man, but who having been many years clerk to the House, was not well received as a speaker, said, “that the mischiefs of former Regencies arose from a neglect of proper restrictions; and he quoted Chancellor Oxenstiern, who, on the death of Gustavus Adolphus, had given his advice to the senate of Sweden to compose a mixed Regency, but not to appoint a sole Regent, or a Council of Regency without a Regent. He added, that in his opinion even the Duke might be removed from the Council.” This frank delivery of his sentiments was the more honest, as he was actually the Duke’s Attorney.
Nugent made a bombast speech about an angel; and then Lord Cobham (the only one of the cousin-hood who could not be turned out, having no place; Lyttelton and George Grenville had both without doors, like him) declared against the Council. He said, “He could not figure a weaker government than what they were chalking out; and as if there were not factions enough in the legislative power, they were laying a foundation for as many in the executive, and were destroying a Bill, which, if the Council clause were omitted, would be the most popular that ever was passed; that he had come to the House resolving to acquiesce even in this, as he thought it would be happy if it were universally assented to; but when others had made objections, he could not suppress his, which was to the Council, not to the continuance of the Parliament; that the House of Commons might perhaps address the Regent to remove some of the Council, while the House of Lords might vote an approbation of the same persons; at the same time that the Parliament could not be dissolved but by an irremovable Council, the usual way of putting a stop to differences between the two Houses. He then turned absurdly to an apology for himself, as people do who are fearful or conscious, and hoped his behaviour was free from reproach; that he did not like cutting the Government out into sippets; but desired to be understood to have a good opinion of some, of many that were to compose the Council; and hoped that those (he approved) would never be removed from her Royal Highness’s ear; at the same time he believed that those who brought in the Bill did not foresee all the power of the Council; nor would he himself consent to the prolongation of the Parliament, if he thought it was calculated for bad purposes.”
Lord Cobham[119] was the absolute creature of Pitt; vehement in whatever faction he was engaged, and as mischievous as his understanding would let him be, which is not saying he was very bad. He had kept less measures with Mr. Pelham than any of his connexion, and had not spoke to him above once for the last six months. He was more a gentleman than his brother George[120], who was a pedant in politics, but less deceitful. James[121], the youngest of the three, had all the defects of his brothers, and had turned them to the best account. All of them were troubled with a redundancy of words peculiar to their family, though without the energy of Pitt’s language, or the hyperbole of Lyttelton’s.
Martin spoke for the clause, and said, “the King could not have a separate interest from his people, the Princess might; witness Queen Isabella and her[122] minion Mortimer: that if this precedent were established, it could not hereafter be set aside, if the young King’s mother should happen to be a bad woman; and that, if the conduct of the Princess were a foundation for entrusting her with the sole power, it was so amiable and estimable, that the argument would go to giving her absolute power.” Sir John Cotton disapproved of the latitude given to the King, of naming four persons to be of the Council by a testamentary disposition, and of whom the House could know nothing. Pitt declared he had no objection to the Council, as he could find no traces of a Regent without control; and then (as if all mankind had forgot his ingratitude to the Prince, as he had his obligations to him) he pronounced the present case doubly aggravated by the loss of the most patriot Prince that ever lived, to whom he had such infinite obligations, and such early attachments, which he was proud to transfer to his family. Then turning to the King, whom he regarded with wonder for exerting a fortitude which Edward the Third had not been master of, he blessed the Crown when it was the first to lessen the royal authority, as it had been in the present case, by pointing out these limitations, so expedient, as dangers were to be foreseen from abroad—from at home, if we considered the great person who might have become sole Regent. What a precedent would that have been for futurity, if hereafter any ambitious person should think less of protecting the Crown than of wearing it! With regard to the Princess, the limitations were of no consequence, for let her but hint to Parliament at any improper negative given by the Council to her recommendation, an address would immediately be offered to her to remove them. He desired, if that event should ever happen, to be put in mind of what he now said, and he would second the Motion.
Fox replied, “that it was an absurd notion not to give the Princess the whole power of royalty, because she was not called Queen; and he hoped that the nation was not only safe from the characters of the persons who were to compose the Council, but from the constitution; and if that, and the laws already in force, were not sufficient to circumscribe the Regent, our liberties would not be safe; that if those laws would not be efficient under a Regent, how are they so under a King? That as to the precedents that had been alleged, they were urged ridiculously; must this be assented to because it was so in the days of Harry the Third, when the constitution was totally unlike what it is now? Half of the Regency nominated by Henry the Eighth were Papists, half Protestants; was that disposition preferable to a single Regent? No; it was formed for dissension; nor is there one reason to be drawn from precedent, or from the nature of our constitution. Should we follow the example of the Barons? The only reason to imitate them would be, that the times are unlike. Oxenstiern’s advice too is totally unapplicable: not,” continued he, “that I believe the Council will obstruct the Regent’s measures; I believe they will assist her: but if they should not, whoever should advise her to make a speech to Parliament to accuse her Ministers, would be guilty of a præmunire.” Pitt answered, “That the tendency of such a speech would not be to alter the plan of Regency, but to check a faction; that what he had said regarded the clause of non-amotion; and that he was of Mr. Fox’s opinion, who must have mistaken all his speech, or he all Fox’s, though the latter had said that he would not be included as agreeing for his reasons. That in any case he should not be for lodging power where there may be a temptation to prolong it.” Fox replied again, “That a Regent could not be more dangerous than a King; and imagined that Pitt had meant that the Regent’s speech should be intended to prevail on the Parliament to address her to alter the whole tenour of the Bill.” The House grew tired of their altercations, and more of General Oglethorpe, who spoke after them; and divided between nine and ten at night, when the Council clause was voted by 278 to 90; and then they adjourned the further consideration of the Bill till next day.
17th.—The Committee on the Regency Bill was resumed. Lord Strange asked, if being nominated to the Council of Regency would vacate a seat in Parliament. T. Pitt proposed to leave out such words as precluded the Princess from disposing of offices. Old Horace Walpole ridiculed the Speaker, and was glad that with all his pomp and protestations he had no more influence. He was proceeding to preach up more regard to the King’s Message, but was called to order by T. Pitt and Lord Strange, who objected to making such use of the King’s name in a Debate. Prowse said, “he would appeal to that great treaty-maker, whether it was proper that fourteen persons should be entrusted with all the steps of a negotiation? That for the nomination of Bishops and Judges, he thought it a trifle; but disapproved extremely of the Council having any power to dispose of the Treasury, which with so great an army of revenue-men might be dangerous, if in the opposite scale to the Crown.” Horace Walpole replied, “That some had carried it so much beyond him, as to be willing to trust the secret of treaties to seven hundred persons.”
Horace Walpole[123] was still one of the busiest men in Parliament; generally bustling for the Ministry to get a Peerage, and even zealous for them when he could not get so much as their thanks. With the King he had long been in disgrace, on disputing a point of German genealogy with him (in which his Majesty’s chief strength lay) whose the succession of some Principality would be, if eleven or twelve persons then living should die without issue. He knew something of everything but how to hold his tongue, or how to apply his knowledge. As interest was in all his actions, treaties were in all his speeches. Whatever the subject was, he never lost sight of the peace of Utrecht, Lord Bolingbroke, and the Norwich manufactures; but his language and oratory were only adapted to manufacturers. He was a dead weight on his brother’s Ministry; the first to take off that load on his brother’s fall;[124] yet nobody so intemperately abusive on all who connected with his brother’s enemies; nobody so ready to connect with them for the least flattery,[125] which he loved next to money—indeed he never entirely forgave Lord Bath for being richer. His mind was a strange mixture of sense alloyed by absurdity, wit by mimicry, knowledge by buffoonery, bravery by meanness, honesty by selfishness, impertinence by nothing. * * * *
Sydenham, as an old Tory, spoke for the undiminished prerogative, quoted Greek, and said that subjects had never before attempted to make Peers; and that the commissions of Judges determine at the King’s death. Robinson urged that the House can only be adjourned by itself; but Sir William Yonge gave him precedents to the contrary; particularly, that the two first sessions of the late King’s first Parliament had been adjourned by the Crown; and that nobody is at liberty to speak after the Crown has sent a Message for adjournment. Sir John Cotton asked, if the Crown had the power of adjournment, seeing the method is to send to desire the House would adjourn itself? T. Pitt (who the last summer had held a tin Parliament in Cornwall, had been baffled by an opposition erected by the Boscawens, under the auspices of the Ministry) was obliged from his own case to argue for the prerogative, and said, “That during his holding that Parliament he had searched for precedents, and had found that the Crown could adjourn even by proclamation, or by a message from the Secretary of State.” Robinson acquiesced, but observed, “That there is no possibility of suspending the power of the legislature; that if the Regent can repeal this Act, she may repeal the three that by this she is excepted from the power of repealing.” The Solicitor-General answered, “That it is only a direction to her not to give her consent to the repeal of the three Acts, though, if she should, it would be valid.”
The clause for continuing the sitting Parliament to the end of the minority, was then read. Lord Limerick, with as much zeal as if he too had lately held a tin Parliament, made a panegyric on the two Georges, and on the blessings which the people had enjoyed under them without tasting them;[126] and hoped the nation would be in such profound tranquillity as not to need the prolongation of the Parliament; and that the Ministers then will not act by half measures, and by expedients from day to day; and in confidence that they will dissolve the Parliament as soon as they may with safety, he made a motion of amendment to the clause, that it may be the last dissolved Parliament that shall assemble on the King’s death, if another, though chosen, shall not have met and sat. Lord Strange approved the Motion, except that he liked just the reverse of it; and would have established the newly elected Parliament. Dr. Lee answered, “That the act of Queen Anne on a parallel case, prefers the old Parliament:” and Gybbon assigned the reason, because there may arise Debates on the new Speaker and double returns.
Mr. Fox asked, “If the prolonged Parliament is not to dissolve of course as soon as the minor King comes of age?” The Attorney-General replied, “The general law of the land will then operate for its dissolution.” But Henley said, “That, as the new elect might be composed of ignorant persons, he wished the prolonged Parliament were to last six months after the commencement of the majority, that the young King might have the same benefit from that act that an older Prince would have!” Sir William Yonge approved this opinion, and said, he remembered that on the late King’s accession, instead of attending the business of the House, every body ran out of town to secure their re-elections. The Solicitor-General replied, “That as the prolonging Parliaments was neither an eligible nor popular measure, he was glad the regulation extended no further; though it was more necessary now to continue their duration for some time after a King’s death than when Parliaments did not give the Revenue.” George Townshend spoke against the Parliament’s prolonging itself, and said, “There was nothing so dangerous as to inculcate into a young King, that he owes his safety to anything unconstitutional.”
Fazakerley made a tedious calculation, which he seemed to intend for humour, of how long the Parliament might possibly continue if every one of the late Prince of Wales’s children should happen to die just at a given time. The Solicitor replied, “That, if such melancholy accidents should happen, the reasons for the continuation would increase in proportion.” Morton spoke for, Dowdswell and Sir John Cotton against the amendment; but it was voted. Lord Harley[127] then spoke prettily against the whole clause, and said, “That all the arguments that had been used would hold good upon all elections, and would tend to make any Parliament perpetual; and that such groundless apprehensions ought not to be appeased at the expense of the constitution; that the people will be cheated who will not have opportunities of changing such representatives as they dislike; and that upon the whole he observed, that Parliaments had originally been annual, then were stretched to triennial, then lengthened out to septennial, and now were going to be made perpetual.”
Lord Hilsborough said, “That the arguments urged against the clause were reducible to those of power, right, and expedience. That the Parliament has power to prolong itself, is plain from the very debating upon it; that it has a right, appears from the Triennial and Septennial Acts, and from the Sixth of Queen Anne; and for the expedience, it is a known maxim, salus populi suprema lex esto. That in the case of a Rebellion, would a Parliament allow of its own dissolution, which would bring on the tumults of new elections? or in case of a plague, would any wise Government give occasion to great and populous assemblies, when it would even be unfit for the Parliament itself to meet? That the event in question might include all the others, and probably would some of them; and that the prolongation now in Debate would not be actual, but discretionary, while the circumstance of the manner in which it came recommended must strike the breast of every man.” Bowes, Vyner, and T. Pitt, spoke against the clause; Charles Yorke for it. Sir John Rushout observed that T. Pitt had made the King’s Message the foundation of the Debate, and then had objected to its being pleaded. He was called to order, and so were some others; Gray and Dowdswell then spoke against, and Southwell for the clause, which was carried at half an hour after seven, by 258 to 81.
Then was read the clause to prevent the young King from marrying before the expiration of his minority, unless with consent of the Regent, and the major part of the Council; and to annul any such marriage, and to declare all the persons concerned guilty of high treason. This clause, which on the very face of it is a flat contradiction to the established opinion of the Church of England, which never heard of dissolution of marriage for political reasons, had passed uncontroverted through the House of Lords, undisputed by the Bench of Bishops. So obsequiously now did the sages of the Ecclesiastic Courts bow to temporal power! Fazakerley alone in the Commons remonstrated against it, and showed “the dangers that may arise from pronouncing the King’s wife guilty of high treason, and her children illegitimate; and the mischiefs it may occasion, as he may marry her again after his majority—unless you will divest the Crown of the prerogative of pardon, and that in the dearest case, and will bind the Regency not only to prosecute a new species of treason, but to enforce the penalty. If this illegal Queen may be pardoned, and then espoused again, what confusions, what contests may not spring from the different children she may bear during her first and second marriage, when one son may plead his birthright under the new establishment, the other his seniority under all the known descriptions of legitimacy in the Church of England.”
The Attorney-General made a slight answer, and this new kind of divorce passed without farther opposition.[128] Schisms and holy wars have sprung from smaller seeds! But religious animosities were out of date; the public had no turn for controversy; the Church had no writers to make them fond of it again. This had lately appeared; Dr. Middleton,[129] the best writer of the age, had overturned the Fathers, and exploded some visions of the Bishop of London, without a tolerable answer being made in defence of either. Of the prelates, the Archbishop[130] was a harmless good man, inclined to much moderation, and of little zeal for the tinsel of religion. Hutton, the other Archbishop, was well bred and devoted to the Ministry. Honest old Hoadley,[131] who, to the honour of his times, had, though the champion of Liberty, risen to the rich Bishopric of Winchester, was in a manner superannuated. Sherlock of London, almost as able a combatant for the power and doctrines of the Church, was past his strength, and still fonder of the politics of the Government than of the honour of the Keys. The Bishop of Durham[132] had been wafted to that See in a cloud of metaphysics, and remained absorbed in it. Gooch of Ely, the highest Churchman in his heart, had risen to his present greatness in the Church by shifting his politics. The rest were men neither of note nor temper to give the Ministry any disturbance.
Then the præmunire clause was read. Mr. Fox said, “He was ready either to wait for the opinions of the lawyers, or to endeavour to amend the clause himself. That he had several objections to the wording of it; that Acts passed may be Acts of Parliament; that in order to vary the Settlement ought never to be words in a penal Act; by the same rule a person would be guilty of robbery who went to a gunsmith’s with another to buy pistols in order to rob. That null and void must mean Acts of Parliament, not letters-patent, for they cannot supersede Acts of Parliament. That the crimes intended to be punished by this law should be certainly known, and not subject to constructions. That the door of the house where the plague was would be marked, and then whoever entered, let him die!” He then proposed to leave out the word præmunire, and to leave the pursuit of the crime to the common course of the law of the land; or to make it even high-treason, provided it was made clear to the subjects, what the crime was to be; as no man can suffer but for known crimes. That the maxim, Misera est servitus ubi lex est inserta, can only be meant of penal laws, for all other laws are undoubtedly much too uncertain. Fox frequently attacked the lawyers; he loved disputing as much as they do, but as he loved sense and argument, which they make a trade of perplexing, he could not bear a society who at once inverted the use of reason and the profession of justice.
He was answered by Murray, the Solicitor-General,[133] a frequent antagonist of his, who had quickness and eloquence enough to defend or not to want the knowledge of the Law, of which he was master. He said, “There could be no hurt in omitting the words that conveyed any doubtful meaning; that the Bill was calculated against unlawful acts, such as force and usurpation, upon the foundation of former examples, particularly the disposition made by Henry the Eighth; that it was only a clause in terrorem; that there must be an overt act; that the House had already passed a sanction of the same nature in the marriage clause: but if these words were disliked, you might insert unlawfully and without consent of Parliament; and that the Regent would certainly not be included within the words.”
Fox accepted the proposed words, but would have omitted in order, which would still leave the necessity of the overt act in full force. He insisted “that the clause affects nobody but those who assist the Regent in endeavouring the repeal of this Act, and consequently that she is tied up from innovating, while her Council are at liberty to attempt what farther usurpations they please upon hers and the royal authority. It is difficult to ascertain what her accomplices must or must not will and know, to include them within the penalty; that if she takes out letters-patent to be sole Regent, are the clerks who draw them to be subject to the præmunire? That it must be right to omit the words in order, since in the Solicitor’s opinion they were useless; in his, dangerous: but supposing they were still to remain, he could not help insisting on being told, what punishment there would be for him or any man who should attempt to cancel the Regency Bill without the connivance of the Regent?” The Solicitor replied, “That such act would be against the King, because he was in her hands; but that this provides against doing it with her consent. That the words in order were neither so unheard of, nor so formidable as was pretended; that the Coventry Act has the equivalent words with intent; and that the Mutiny Bill (brought in by Mr. Fox) has even the words in order. He owned that those words were inserted to prevent the connivance of the Regent from giving an air of legality to any attempts of innovation.” The Master of the Rolls said, “He could not point out words to describe the crime, but he thought with intent preferable to in order.”
Fox asked, “If whether, as it was allowed that it would be lawful to attempt the repeal of the Act by parliamentary methods, the attempters would be guilty of a præmunire, if the Parliament should not concur for the repeal? But that as it was confessed by great lawyers that the crime could not be described, he desired to have it considered, whether it would not be more proper, more humane, and more sensible, to leave the punishment to the Judges?” Sir Richard Loyd said “That the words in order were not dangerous, but that advising was too vague, as it may be proper to give the Regent such advice; that if the word promoting stood, he should wish to insert unless to apply to Parliament.” Fazakerley approved the addition of without the consent of Parliament. The Attorney said, “That intent could only relate to the person, not to the concurrence; that he thought the words Acts passed might be omitted, but that the lowest persons concurring knowingly to defeat the Act, ought to incur equal punishment.” Lord Strange said, “It must mean Acts of Parliament, for nothing else could set aside this:” and then he moved the amendments that had been proposed.
Pitt said, “He imagined they were already agreed to; that he would have Acts passed omitted, but liked in order: that he approved the addition of the word unlawful, but would omit without consent of Parliament, because it would be inviting applications to Parliament, and would make men turn their minds to get this Act repealed, though there was no doubt already, but that the Parliament could alter this settlement if it should please.” He then moved to leave out Acts, and was seconded by Fox. Fazakerley asked whether it would not be necessary to have a Commission of Regency if the Princess should be ill. Pitt then moved to insert unlawfully, and Fox yielded not to mention without consent of Parliament, and to let in order stand. Lord Strange said, if he were to have the Princess’s ear, he would advise her to get this Act repealed. Fox moved for leaving out concurring. Old Horace Walpole argued for its remaining; and Sir William Yonge defended it as meaning no more than the three other words that accompanied it. Fox ridiculed him on his reverence for the sacredness of tautology, and said, that if all those words had the same meaning, he would leave out three of them. Pitt was for retaining the word, because it had once been inserted, and to omit it now, would be telling the people that they might concur. Thus at half-an-hour after ten at night, this inquisition clause, having dwindled into a grammatical dispute, was voted, with corrections more worthy of grammarians than a House of Commons, by 126 to 40; a few of Mr. Fox’s and the Duke of Bedford’s friends insisting upon a division, though the former would himself have acquiesced.
20th—The Bill was reported, read a third time, and passed, with nothing material but a long bad speech of Mr. Beckford against it, and Mr. Pelham’s, who was now got free from the chair, for it. He said, “He would not observe on what any particular person had said, but must express his surprise at so much Debate, after the message had been sent by the King, who had recommended restrictions, which had been approved by both Houses, and his Majesty had received Addresses of Thanks from both upon it.” He said, that notwithstanding this, the Debates had not been upon any particular restrictions, but against any at all; yet he must ask, how appointing a Council for the Regent was a breach of the constitution? That as to precedents, for his part he had never heard one exactly stated and followed in observations; that in the present case, what was to be learnt from precedents, was, the danger of minorities; and that the remedy now to be applied, was not a breach, but a preservative of the constitution, against it could operate again. That his motive for approving the Council, was, that he would not lead the Princess into temptation; that he was willing to give her all the agreeable part of authority; and that the Council would be no check, where she was to exert grace and favour, but only where there should be weighty points that might introduce difficulties. That it was possible she might get favourites about her; that a Regent may be subject to them as well as a King; that it was for her security to have a Council responsible. That when the settlement of the Crown was made in favour of the House of Hanover, greater restrictions than those in question had been proposed, and somewhat stronger than temporary Regencies. That the Regent would only be limited in those great acts, where the Crown itself is limited, of peace and war.
Is there, continued he, any person here wise enough to tell me, who is answerable for the acts of the Regent? She herself is; and as this provision takes off that subjection from her, it is a respect to her. I hope I shall not be thought to want respect to her, if I, who have ventured to speak my mind under the King my master, am as freely spoken in what regards the Princess. He then mentioned the clause for prolonging the Parliament, and said, that ever since the Restoration, there has always been a dissolution or suspension of Government during general elections; that a contagion has constantly arisen, which has suspended all connexions of friendship, all notions of right and wrong; and that many a man has given his vote for one man, who would leave the care of his children to that very man’s antagonist. That our constitution gives sanctions to invasions, to that bad spirit of disaffection, which makes our enemies lie in wait till they see how elections turn out. He added, that he should say very little upon the clause of præmunire, which had been so fully explained and answered by the lawyers; though it was sufficient that Englishmen wanted no farther safety, who must be tried by juries, that are not likely to stretch constructions. One thing he would say, that the Bill cannot be too strictly observed. For the objections, they were not against the whole Bill; and the Committee had acquiesced in amending those parts that were most liable to exception. That indeed he could not but lament that the approbation of the House had not been more general, as he knew, when differences arise there, what constructions are made upon them without doors: but that he only lamented this, did not pretend to blame, as he spoke without prejudice, passion, or partiality, and that he was persuaded nobody would suspect him of any prospect to power for himself from this Bill, as he should be too great a wretch to build views of grandeur on what he must regard as the greatest misfortune, and what would shake the foundations of his country. It is observable, that of the two persons who had framed, and were to glut their own ambition the most by this Bill, the Chancellor and Mr. Pelham, the former pronounced any man a fool, the latter stamped him a villain, who expected or laid a plan of power from it. It passed without a division. The greater part of the late Prince’s Court voted for the Bill. Lord Egmont for nothing but prolonging the Parliament.
21st.—The amendments were explained to the Lords by the Duke of Newcastle and the Chancellor, and agreed to.