CHAPTER II.

Church Preferments.--Meeting of Parliament.--Conway’s Speech.--Lord

Chatham’s Legacy from Sir William Pynsent.--Speeches on Dismissal of

Officers.--Duel between Mr. Chaworth and Lord Byron.--Renewal of

the Question of General Warrants.

The primacy of Ireland being vacant, Mr. Grenville was desirous

of procuring that dignity for Dr. Newton, Bishop of Bristol; but

he declining it, Lord Granby solicited Grenville’s interest for

Dr. Ewer,[38] who had been his tutor, and Grenville intended to

bestow that mitre on him. In the meantime it was known that Lord

Northumberland espoused Robinson, Bishop of Kildare, and sought to

make him Archbishop. This was immediately considered as a contest

for power between the Favourite and the nominal Minister,--for that

Grenville was only _nominal_ Minister, appeared by Robinson’s obtaining

the Archbishoprick; though when Grenville found he could not obtain

it for Ewer, he had maliciously and artfully instigated the Duke of

Bedford to solicit for Bishop Carmichael,[39] who being a Scot, his

promotion would have struck mankind as the act of Lord Bute, more than

the appointment of Robinson, whom he really supported. The intrigues

of the late Primate had been so noxious and troublesome to the English

Government, that it was determined no future Archbishops of Armagh

should be Lords Justices, or have any power in the Administration. The

new Primate, a proud but superficial man, had not talents to recover

the credit enjoyed by his predecessors.[40]

January 10th,--the Parliament met. The King notified to the two Houses

the intended marriage of his youngest sister, the Princess Caroline

Matilda, with the Prince Royal of Denmark, her first cousin. Princess

Louisa, her eldest sister, was so remarkably small of her age, that,

though she lived three years after this, she never appeared but as an

unhealthy child of thirteen or fourteen years of age. Lord Townshend

and Lord Bottetort moved the address of the Lords; Lord Warkworth and

T. Pitt, of the Commons. An accidental debate happening in the latter

House, General Conway, to the surprise of everybody, and particularly

of me, who had with astonishment beheld his tranquillity, broke out

on his own dismission, and attacked George Grenville with a fire,

eloquence, and rapidity of passion and bitterness, that showed both

how much he had resented and how much he had concealed. Very warm

words passed between them; great applause was given to Conway by the

Opposition; and the Ministers felt that the vengeance they had exerted

began to lose something of its sweetness. They had infused a spirit

into Conway with which all his friends would in vain have endeavoured

to inspire him.

On the 15th, the King sent another message to both Houses, referring

to their consideration an offer made by France to pay 670,000_l._,

in three years, for our maintenance of their prisoners, instead of

1,100,000_l._, which had been settled, but with no specification of

time, by the late peace. This offer was accepted on a subsequent day.

About the same time happened the following extraordinary event. Sir

William Pynsent, a baronet of Somersetshire, died and left his whole

fortune to Mr. Pitt, no ways related, nor personally known to him.

Nor, as it appeared, was this great legacy so much the reward of

his illustrious services as of his opposition to General Warrants.

Sir William Pynsent, at his death, was aged 86, had formerly served

in Parliament, and had voted against the Treaty of Utrecht; his

principles being zealously and unalterably Whig. He was said to have

had parts and humour.[41] * * * * * * Lord North had married his next

relation[42]--had courted him, and stood fair to be his heir;[43]

till, having voted for the tax on cyder, Sir William, who had long

lived retired upon his estate, had not only quarrelled with his cousin

North, but had encouraged the mob to burn him in effigy. He then became

enamoured of Mr. Pitt; is said to have cast some inconstant glances

towards Wilkes, and, immediately before his death, had indubitably

given orders to his lawyer, to draw a new will entirely in favour of

General Conway; but it was not prepared in time. Mr. Pitt, therefore,

found himself in possession of real and personal estates worth above

forty thousand pounds, without the regret of losing a friend; without

the imputation of having flattered his benefactor, for he had never

seen him; without injuring a family, for Sir William had no very near

relation,[44] and not one that expected his fortune; and with the

satisfaction of owing such a public mark of esteem to his own virtue or

merits.

On the 18th a meeting of the Opposition was held at Sir George

Saville’s, to consult whether they should bring on, or defer for

some time longer, a renewal of the question on General Warrants. The

doubt was raised by the ill health of Mr. Pitt. James Grenville and a

nephew of Lord Chief Justice Pratt, who attended the meeting, would

not say that Mr. Pitt desired the motion should be deferred. The

company squabbled till two in the morning, and then agreed to adjourn

the measure. Sir William Meredith wrote to acquaint George Grenville

with this procrastination--a ridiculous piece of candour, and received

properly by Grenville, who made no answer. These assemblies I seldom or

never attended; they were childish imitations of Parliaments, rarely

produced any good, and only taught a party to quarrel and split into

_less_ factions. Many who cannot utter in the House of Commons can

prattle in a private room. Business can never be reduced to too few

heads. There should, in party as well as in Government, be one man who

should consult others separately, and act as he finds best from the

result of that advice, and of his own judgment: but he should let the

rest know as little as possible that they are almost all probably of

different opinions.

On the 21st, Dowdeswell proposed to reduce the sixteen thousand seamen

to eleven thousand, but without effect. On the contrary, Charles

Townshend spoke for the larger number in warm terms, and declared

he had always approved the peace. This desertion did not surprise

me: nor was it owing solely to his fickleness. He was now influenced

by Lord George Sackville, who, dissatisfied with Lord Bute for not

supporting him, had joined the Opposition: Oppositions are always great

whitewashers. But the declining state of the Opposition, by deaths and

other causes which I have mentioned, had alarmed Lord George, and he

began to look towards Grenville, who would want all manner of strength

to support himself against the Favourite.

On Jan. 23rd, the day of voting the army for the year, there happened

a very spirited debate.[45] Beckford began it, by declaring that if

any man would second him, he would oppose so large a number as 16,000

men, because we were in no danger of being attacked by surprise;

and because he apprehended there was an intention of modelling the

army, which he concluded from the dismission of General Conway. He

mentioned, too, an expression dropped by Charles Townshend, which he

said had made his ears tingle; it was that the _Colonies were not to be

emancipated_. The Colonies, said Beckford, are more free than Ireland,

for America had not been conquered: on the contrary, it was inhabited

by the conquerors. Townshend ridiculed Beckford’s alarm, affirming he

had only meant that the Colonies were not to be emancipated from their

dependence on the supremacy of this country. Beckford told him he had

expressed a single idea by a multitude of circumlocutions, and was

troubled with a _diarrhœa of words_--an expression with which Townshend

was much hurt.

Nicholson Calvert and George Onslow opened on the dismission of Conway

in very strong terms. The former said, Grenville[46] had avowed it was

for parliamentary conduct when he owned he had thought himself turned

out for a similar cause. Onslow called the Ministers profligate and

abandoned; and Lord Strange attempting to defend them, was so roughly

handled on his own tergiversations by Onslow, Sir George Saville, and

Thomas Townshend, that he who was wont to be all spirit, quickness, and

fire, was quite abashed, and showed at least the sensibility of virtue.

Thomas Townshend went farther, mentioned a list of sixteen officers,

carried into the closet for dismission by Lord Sandwich: and seeing

the latter sitting under the gallery, he turned towards him, and said

he would tell that Minister to his face in any private company, that he

was a profligate Minister. Onslow added, that they had been so cowardly

as to wait for the end of the session, and skulk behind the recess.

Rigby said the Opponents had quoted all the reigns to the last, but

had stopped short there, and had not mentioned Sir Robert Walpole, who

had said it must be a pitiful Minister that would not dare to turn out

a man that voted against him. For himself, he said he did not believe

the question of Mr. Conway’s dismission would be brought on; which Lord

John Cavendish assured him it would be.

Lord Harry Poulet[47] told Grenville that he would be ashamed to

show his face, if he could be ashamed of anything, if his uncle Lord

Cobham[48] could rise from the dead--Grenville stopped him, and said

if his Lordship had a mind to use such language, he knew where to find

him.--Others interposing to reconcile them, Grenville acknowledged he

had thrown out a challenge; but at last explained it away, and the

matter ended. Ellis indiscreetly affirmed that the army was necessary

to support the civil magistrate. Beckford replied, that at the late

riot on burning the North Briton, the magistrates of the City had

secured one of the rioters without military force.

Grenville entered into a long discussion of the Crown’s prerogative

of dismission; and confounded civil and military officers, without

making the necessary distinction, that the latter lose a profession.

He himself, he said, had not inquired formerly why he was turned out.

Should he be turned out _to-morrow_, he would not inquire, _though

if he did his duty and was approved by his country, he should think

it extraordinary_. This sentence, seemingly incoherent with, nay,

contradictory to, the rest of his speech, was, no doubt, levelled at

Lord Bute, and dictated by the uneasiness of Grenville’s situation,

then not generally known. He proceeded to say on the dismissed officers

that some might think one meritorious, some another; others might see

cause of blame. This invidious hint called up General Conway, who with

exceeding warmth and spirit made one of his most admired speeches. He

had asked, he said, for a court-martial, that, if anything had been

thought defective in his conduct, he might be questioned on it. The

refusal had proved that his dismission had flowed from no military

offence. Even in the days of Charles II. the Lords Clarendon and

Southampton had, though requested by the King to forbear, spoken

against his measures, and yet had not been dismissed.[49] The

situation of officers was grievous; called on by conscience and by

honour, they were chastised if not obedient. Another profession was

more fortunate; Bishops were made for life; and, indeed, were piously

obsequious; they might be preferred for their behaviour in Parliament,

but could not be dismissed for it. He himself had received intimations

to take care what he did--Grenville started!--yet he should not say

from what quarter; he would not reveal what was not proper; but he

had been bid to take care what he did. He had despised those menaces,

had done his duty, and had been punished. He knew the threats had not

come from the King, who had restored Sir Henry Erskine. He had made,

he said, a declaration that he was attached to no party, yet that

allegiance, it seemed, had not been thought sufficient. He concluded

with strongly exhorting his brother officers not to be made slaves--he

might as well have called on the Bishops.

This debate was doubly mortifying to the Ministers, who were at once

so rudely tasked by the Opposition, and unsupported by every man of

the Favourite’s faction--a tacit method of disavowing them; and an

encouragement to those who might be tempted to oppose them.

On the 26th Mr. Chaworth, a private gentleman of fair character, was

killed at a tavern by Lord Byron in a duel, to which the latter had

been driven by the undisguised contempt with which the former had

treated his want of honour and spirit at a club where they had just

dined together. Lord Byron was formally tried by his Peers,[50] and

escaped punishment, in consideration of the provocation he had received.

On the 29th the question of General Warrants was again renewed in the

House of Commons by Sir William Meredith,[51] more agreeably, indeed,

to principle than to prudence. I had endeavoured to divert the attempt

and had the concurrence of the Lord Chief Justice Pratt’s opinion, we

both apprehending, from the great diminution of our party since the

preceding winter, that, as we should make a much more inconsiderable

figure on a division in Parliament than we had done before on the same

question, the merits of the cause would suffer more from that defeat

than we should gain by reviving the memory of it. Though the event in

the House proved what we had foreseen, we found, however, strength

enough to support a battle till between four and five in the morning.

Sir W. Meredith, with great force and severity, exposed the conduct

of Lord Halifax, who shamefully to that hour (and indeed for some

years afterwards) defeated all prosecutions against him at Wilkes’s

suit, by standing on the privilege of his peerage. If they, said Sir

William, who issued the warrants, had put themselves on the justice

of their country, it would have alleviated their guilt; but _while

the privilege of the House of Commons was given up, the privilege of

the other House had interfered to stop justice_. He then moved that

_General Warrants were not consonant to law or to the liberty of

the subject_; and in a second question, _if against a Member_. Lord

Strafford himself, he said, had issued but one, had pleaded that it was

according to practice, and yet had recalled it. Charles II. had applied

to Parliament for leave to do it by the Licensing Act. Application

had been made in King William’s reign to renew that act, but it was

refused. Some said the illegality was decided by the law; others that

it was not. Some would say that the House of Commons was not to declare

what was law. Who could bring it to an issue? Dryden Leach and other

printers were ruined, and could not carry on the suit! Wilkes expelled,

outlawed, banished, had no longer any interest in the question: the

Secretaries of State did not desire to brine it to any issue; the

House of Commons alone could do it. Sir Edward Coke declared, that,

when courts of law would not decide on a clear question, the House of

Commons ought. Sir Alexander Gilmour added, that not one lawyer, last

year, had defended the legality of General Warrants, but had given

assurances that they would be decided in the Courts below; and yet

that decision had been postponed till Wilkes had been outlawed.

Dr. Hay replied with much and able subtlety; owned that when he was

for putting off the question last year he had meant to reject it; his

party had said that it was not proper for that House to declare on

law; he himself had said those warrants were illegal, unless great

urgency in their favour.[52] He agreed that, by the common law of

the land, those warrants were illegal: nay, he thought the question

ought to be settled by Parliament, not by a resolution of one House

only. Sir William had omitted the words _seditious_ and _treasonable_,

though adopted last year. The House might do what it pleased, but

ought it to do so? Why not make the case general to all cases? Then

this resolution, he heard, was to be followed by another on breach of

privilege; but was every injury to a member a breach of privilege? Was

the House to be an universal judicatory for offences? But the House had

already declared that it has no privilege in the case of seditious and

treasonable libels--a question of law is safe in courts of law; but

Houses of Commons, not being permanent, may vary their resolutions.

One House--both Houses cannot declare laws, though they, with the

King, may enact laws. The question had either been adjudged, or was

pending: both were true. The Court of Common Pleas had decided and

given damages; then he named the Chief Justice Pratt, taking notice

of the strong expression of _an iron rod_, used by that magistrate

on the occasion. All juries say General Warrants are illegal; but at

present the question had been hung up by the bill of exceptions, which

bills are in the nature of appeals--an argument why the House should

not, at that time, make a declaration. If there had been delay, why

was not the offender called on? He had heard that the delay arose

from the prosecutors. If anything was done wrong in the Courts below,

the House alone could redress it. He then, as a correction to the

proposed question, moved the following strange and scarce intelligible

sentence (to load the motion ridiculously, and with intention to

reject afterwards the question so amended), “That in the particular

case of libels, it is proper and necessary to fix, by a vote of this

House only, what ought to be deemed the law in respect of General

Warrants; and for that purpose, at the time when the determination of

the legality of such warrants, in the instance of a most seditious and

treasonable libel, is actually depending before the courts of law;

for this House do declare that a General Warrant for apprehending

the authors, printers, or publishers of a libel, together with their

papers, is not warranted by law, and is a high violation of the liberty

of the subject.”

It was requisite for me to state the words of this proposition and

account for them; for standing as they do on the printed votes without

a comment, what could posterity, or persons ignorant of parliamentary

craft and proceedings, think of them? Would they believe such a

proposition was seriously debated?--yet, as the votes never joke,

could they avoid believing so? The fact, as I have said, was, that the

Ministry, to load Sir William Meredith’s question with absurdity, made

use of their power, as the majority, thus to amend the question, and

forced the opponents to debate it thus hampered, or withdraw it; and

even the latter could not be done without leave of the House, that is

of the majority, who probably would not have granted that permission,

that they might give a negative to the question thus loaded, instead

of rejecting Sir W. Meredith’s plain question, which it would have

been more unpopular to do. By the strict rules of the House they could

even have obliged the debate to be pursued on the question only as

amended; but, content with the certainty of rejecting it in their

own way, they suffered the Opposition to argue on the simple state

of the case, and the debate accordingly proceeded so. Lord Middleton

asked if the Petition of Rights had not come in by declaration? and,

with regard to the charge of delay, he said the plaintiffs could not

afford to go on with the bill of exceptions, and then were accused of

protracting; and, to justify the renewal of the question, he observed

that Lord Coke says, “Many a good proposition had succeeded at last by

being pursued year after year.” Sir W. Meredith said, he had omitted

the word _seditious_, that the question might carry no reference to

Wilkes, being calculated for the general and indefinite good of all.

No epithets ought to be mixed with prosecutions, nor should a man be

liable to be prosecuted as a traitor for having written a libel. No

privilege held against treason; but the House ought not to be deprived

of its members on a false charge of treason. Conway asked if Hay had

been serious in his motion? did he mean his amendment should go out

into the world on so important a question? It would be a mockery

of Parliament. Grenville called him to order; but Conway persisted

and said it would be a shameful proceeding. Wedderburn and the

Solicitor-General again interrupted him; but he was supported by Sir

George Saville and Onslow; and the Speaker declared there was nothing

disorderly in Conway’s words. Dowdeswell said, Dr. Hay had argued on

the whole question, therefore he would; but Lord Frederick Campbell

endeavouring to fix the debate on the question as amended, Charles

Townshend tried to compose the heat that had arisen by recurring to

the subject, and said he hoped no lawyer would assert that juries were

not judges of law as well as of fact. De Grey, Solicitor-General,

said the juries had given the prosecutors exemplary and vindictive

damages, and had been animated by faction. The defendants had pressed

the prosecutors not to delay. Charles Yorke spoke for three-quarters of

an hour on the side of the Opposition; said he would retract if he had

altered his opinion; but found reasons against the warrants growing

all over the kingdom. The warrant had been so _emphatically illegal_,

that it never could be debated in a court of law. It was expedient for

Parliament and for the honour of the Crown, that Parliament should

take the lead in questions of law. The House of Commons had often

carried up resolutions to the other House. This question was connected

with the privileges of the House. Precedents made in good times were

felt in bad. The words of the warrant had been copied from an old

blundering warrant of office, and could never be taken up again. The

Crown should extinguish any jealousy of such a proceeding in future, by

not making difficulties on plain questions. Beckford said, this country

was obliged to Wilkes for the stand he had made. It had been the more

necessary when a Whig Ministry acted on Tory principles, and he quoted

the instance of Minutius, who pleaded that he had written nothing

against the Emperor and _his mother_.

Dyson said, if the House of Commons had a right of declaring law, it

had no occasion to make laws: they might declare to be law whatever

they wished should be so. Lord George Sackville asked if the seizure

of papers would come in question in the Courts below? and said, that,

had they had a mind to impeach the Secretaries of State, they must

previously have come to this declaration.

Norton entered into the defence of Lord Halifax, whose delays, he

said, had not impeded the decision of the great cause. Lord Halifax

had been guilty of a slip; and therefore, against such a prosecutor

as Wilkes, was justifiable. Lord Halifax had availed himself of his

privilege, till Wilkes was outlawed, (and so he did for years after);

the journeymen printers had applied to be bought off. Dryden Leach’s

attorney had come to him (Norton), and said he had heard it was wished

to compromise Leach’s cause; but he (Norton) had refused, but had

offered to bring it to an issue in a week; since then had never heard

of him. Till that very day they had not been able to get the bill of

exceptions sealed. Charles Yorke had said that question had never been

argued; but he (Yorke) had argued it himself. (This Yorke denied.) It

would be a quære whether Lord Halifax, as Secretary of State, was a

Justice of Peace. Had not the most respectable characters, living and

dead, been abused? That sort of libel deserved no quarter.

Colonel Barré said the Inquisition itself did not seize papers for

evidence. Opposition keeps Ministers in order, though many oppose

from faction. About twenty officers had opposed the Court last year

on the question of General Warrants! It was now said, all but one

had repented--if they had, were such officers fit to be employed? He

commended Lord Nuneham[53] and Lord Charles Spencer, who had resisted

the connections and importunities of their families: and then said

ironically, “When the two present honest Secretaries of State[54]

die, the Court may choose one of the most profligate abandoned dogs

in the kingdom to replace him.”--This was levelled at Lord Sandwich,

who was sitting under the gallery. Barré then advised the Ministers

to adopt the question without amending it--why would they do things

too well? Such a man as Sandwich would write a panegyric on Nero. If

this question was suffered to pass, it would make the King beloved and

the Ministers less hated. General Howard,[55] in answer to the attack

above, said, he remained of the same opinion as last year, and had

never paid court nor asked pardon.

Lord North defended his uncle Halifax, on whom he thought Barré had

bestowed the epithet of _little-minded_. Barré said he had applied it

to the Administration in general. He was glad to see Mr. Grenville with

all his friends about him. It had been said in a foregoing debate that

he had carried the whole Administration home in his chariot. He liked

Lord North’s panegyric on one of the Secretaries--if anybody had a mind

to make a panegyric on the other, he was welcome.

Conway again declared his surprise that they would load such a question

with so many words. Why not pass it simply, or put a negative? Was

there ever an instance of such a preface with new matter? On the Star

Chamber and other grievances each resolution stood single. Lord Halifax

might be in the right, but had caused delay. All that we have valuable

stands on resolutions.

Grenville then spoke his usual hour; and immediately after him Sir

George Saville rose to take notice of most obnoxious words that had

fallen from Dr. Hay in the beginning of the debate. I hear, said

Saville, that _the Law of Government is superior to the Law of the

Land_: such words are impeachable. Dr. Hay replied that _the Law of

Government_ meant _the Law of Necessity_. This produced great warmth

and calling to order, till at last Sir George Saville said he was glad

the gentleman did not avow those words. Hay taxing Conway with want of

temper, the latter replied, he believed those who had meant to hurt

him, had hurt themselves more. Onslow offered to produce pamphlet for

pamphlet written by the Administration: and then Hussey very ably and

for fifty minutes discoursed against the arbitrary tenets set up by

the Court and its lawyers; yet still with the candour and decency

peculiar to him. The circumstances inserted in the amendment, he said,

were not true. He doubted if ever the question could be determined in

Westminster Hall. This was the first time that ever a _probable_ cause

was pleaded in behalf of General Warrants. _New doctrines sprung up

every day in Westminster Hall._ A number of points must be determined

before that cause could be decided; as whether a Secretary of State

is a Justice of Peace; whether his messenger is a constable; whether

the reason assigned for the commitment was a probable cause, &c. Great

difficulties, too, there were in contending with the Crown, and against

its influence and its money, &c. He did not believe that the warrants

would come before the Courts below. The predecessors of these Ministers

had always compounded such prosecutions. The Justices in Ireland having

imposed illegal oaths, the House had declared them illegal, but went no

farther; excusing the Justices on the circumstances of the times: it

was in King William’s reign. Lord Palmerston,[56] a young man of sense,

and who spoke then for the first time, declared himself convinced

by Hussey’s arguments. Rigby pronounced Lord Halifax’s intrenching

himself within privilege, justifiable; for who knew what damages might

be given against him?--and so far was true; juries could impose

fines to the vastest amount; and as such fine became the property of

the prosecutor, the Crown itself could not remit it. But what latent

defects, therefore, were discovered by agitating these questions? A

Secretary of State could commit a grievous injustice, and yet could

avoid punishment, if sheltered by the privilege of his peerage. On

the other hand, for a slight imprisonment, a jury, naturally partial

to their equals, especially when oppressed, and as naturally averse

to their superiors, can give damages to the amount of the defendant’s

whole estate, without his being able to obtain redress from any quarter.

At half an hour after four in the morning the Question, as amended,

was rejected by 224 against 185, the Opposition being forced to divide

_for_ the question that had been imposed on them, or they could have

obtained a division on none at all.

A remarkable circumstance in the foregoing debate, but which would

have interrupted the thread of the narration, was that Norton told

the younger Onslow that he should be diverted, for he would treat

Yorke worse than ever he had been treated--and he kept his word, being

willing to lower Yorke, who might be his competitor for the Seals.

Yorke bore this insult with too little spirit, and thence and by his

fluctuating behaviour, and by discovering far less parts than he was

supposed to possess, daily sunk in the estimation of the House.

Memoirs of the Reign of King George the Third, Volume 2 (of 4) · 第 2 / 21 章