FORE:The year 1747 was opened by measures of restriction. The House of Lords, offended at the publication of the proceedings of the trial of Lord Lovat, summoned the parties to their bar, committed them to prison, and refused to liberate them till they had pledged themselves not to repeat the offence, and had paid very heavy fees. The consequence of this was that the transactions of the Peers were almost entirely suppressed for nearly thirty years from this time, and we draw our knowledge of them chiefly from notes taken by Horace Walpole and Lord Chancellor Hardwicke. What is still more remarkable, the reports of the House of Commons, being taken by stealth, and on the merest sufferance, are of the most meagre kind, sometimes altogether wanting, and the speeches are given uniformly under fictitious names; for to have attributed to Pitt or Pelham their[112] speeches by name would have brought down on the printers the summary vengeance of the House. Many of the members complained bitterly of this breach of the privileges of Parliament, and of "being put into print by low fellows"; but Pelham had the sense to tolerate them, saying, "Let them alone; they make better speeches for us than we can make for ourselves." Altogether, the House of Commons exhibited the most deplorable aspect that can be conceived. The Ministry had pursued Walpole's system of buying up opponents by place, or pension, or secret service money, till there was no life left in the House. Ministers passed their measures without troubling themselves to say much in their behalf; and the opposition dwindled to Sir John Hinde Cotton, now dismissed from office, and a feeble remnant of Jacobites raised but miserable resistance. In vain the Prince of Wales and the secret instigations of Bolingbroke and Doddington stimulated the spirit of discontent; both Houses had degenerated into most silent and insignificant arenas of very commonplace business.
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FORE:The 20th of November arrived; the two Houses met, and Lord Camden in the Peers, and Pitt in the Commons, were obliged to announce the incapacity of the king to open the Session, and to move for an adjournment till the 4th of December, in order that the necessary measures for transferring the royal authority, temporarily, might be taken. Fox, at this important crisis, was abroad, and had to hurry home with headlong speed, in order to join his party in their anxious deliberations preparatory to the great question of the regency. In the meantime, the king's physicians had been examined before the Privy Council, and had given their opinion that the royal malady would prove only temporary. This in particular was the opinion of Dr. Willis, a specialist who had the chief management of the case, and whose mild treatment, in contrast to the violent means previously employed, had already produced a marked improvement. From this moment Pitt appears to have taken his decisionnamely, to carry matters with a high hand, and to admit the Prince of Wales as regent only under such restrictions as should prevent him from either exercising much power himself, or conferring much benefit on his adherents. When, therefore, Parliament met, after the adjournment, and that in great strengthfor men of all parties had hurried up to town,Lord Camden moved in the Lords, and Pitt in the Commons, that, in consequence of the king's malady, the minutes of the Privy Council containing the opinions of the royal physicians should be read, and that this being done, these opinions should be taken into consideration on the 8th of December.
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FORE:One of the first acts of the Parliament, which met on November 12th, was to punish the peculations and abuses of the Lord Chancellor, Parker, Earl of Macclesfield. The Court of Chancery, in former ages a sink of corruption, was at this time in its worst condition. The offices of Masters were regularly sold, and the Masters as regularly took care to recoup themselves by all manner of peculation. The estates of widows and orphans and the money of suitors were unscrupulously plundered. There was a loud outcry against these robberies, and especially against the Lord Chancellor, for his not only tolerating but partaking in them. He endeavoured to escape the storm of public indignation by resigning in January, but this did not avail him. He was impeached by Sir George Oxenden in the Commons, and tried in the Lords, and fined thirty thousand pounds. A motion for disabling him from ever again sitting in Parliament or holding any office was lost only by a very few votes. The king struck his name out of the list of Privy Councillors, and in 1725 Sir Peter King was made Chancellor in his stead, with the title of baron.Whilst these events had been progressing, the Ministry had entered into a combat with the great unknown political essayist, Junius. Junius had advanced from Sir William Draper to the Duke of Grafton, and from the Duke of Grafton to the king in his sweeping philippics. For these daring censures, Woodfall, the printer of the Public Advertiser, was tried, and also Almon, the publisher of the London Museum, a monthly periodical, for reprinting the libel there. Almon was convicted of publishing, and sentenced to pay a fine of ten marks, and give security for his good behaviour for two years, himself in four hundred pounds, and two sureties in two hundred pounds each. He moved in vain for a new trial. Woodfall was convicted of "printing and publishing only;" but he obtained an order for a new trial, on the ground of the phrase "only" being ambiguous. But the circumstance which excited the attention and turned the resentment of both Liberal statesmen and the people was, that Lord Mansfield on these trials had instructed the juries to confine themselves to the facts alone, and to leave the question of legality to the judges. This was properly declared a dangerous infringement of the rights of juries, and calculated to make their verdicts merely the servile echoes of the dicta of the judges. Lord Chatham, on the 28th of November, denounced in the Peers this dictation of the judge to the juries. Serjeant Glynn, at the same time, moved in the Commons for an inquiry into the administration of justice in Westminster Hall, where such unconstitutional instructions could be given. This occasioned a warm debate, in which Burke, Dunning, and others, ably defended the public rights. The motion was negatived.
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