The year

1779

exhibits a miserable period in the history of Ireland. Her manufactures

declined, and the people became, consequently, much dissatisfied; but

their distresses were, at first, not even _noticed_ by the English

parliament. At length, however, an alarm of _INVASION_ took place, and

ministers allowed twenty thousand Irish volunteers to _carry arms_. The

ministers, who before had been callous to their distresses, found men in

arms were not to be trifled with, and the Irish people obtained a

_promise_ of an extension of trade, which satisfied them for the time.

Large sums were again required to meet the expenses of the American war,

and, the minister being supported by the queen, every vote for supplies

was carried by great majorities; for the year's service alone _fifteen

millions_ were thus agreed to. As the family of the king increased,

extra sums were also deemed requisite for each of his children; and what

amounts could not be raised by taxation were procured by _loans_,--thus

insulting the country, by permitting its expenditure to exceed its means

of income to an enormous extent.

Many representations were made to Lord North, that public opinion was

opposed to the system pursued by ministers; but he was inflexible, and

the generous interpositions of some members of the Upper House proved

also unavailing. The independent members of the Commons remonstrated,

and Mr. Burke brought forward plans for the reduction of the national

expenditure and the diminution of the influence of the crown; but they

were finally rejected, though not until violent conflicts had taken

place, in which Lord North found himself more than once in the minority.

About this time, Mr. Dunning, a lawyer and an eminent speaker,

advocated, in a most sensible manner, the necessity of taking into

consideration the affairs of Ireland; but ministers defeated the

intended benefit, and substituted a plan of their own, which they had

previously promised to Ireland; namely, to permit a free exportation of

their woollen manufactures. The unassuming character of that oppressed

people never appeared to greater advantage than at this period, as even

this resolution was received by them with the warmest testimonies of joy

and gratitude.

There cannot be a doubt, that if the Irish had been honestly

represented, their honor and ardour would have been proverbial; but they

have almost always been neglected and insulted. The queen had taken Lord

North's advice, and acquainted herself with the native character of the

Irish, by which she became aware that, if that people generally

possessed information, they would prove a powerful balance against the

unjust system then in force. At this time, there was not an Irishman

acquainted with any _state secrets_; her majesty, therefore, did not

fear an explanation from that quarter, or she dare not have so oppressed

them.

To provide for the exigencies of state, twelve millions of money, in

addition to the former fifteen millions, were required this year; and

thus were the sorrows of a suffering people increased, and they

themselves forced to forge their own chains of oppression!

Numerous were the prosecutions against the press this year; among the

rest, Mr. Parker, printer of "The General Advertiser," was brought

before the "House of Hereditaries," for publishing a libel on one of its

_noble_ members. That there were a _few_ intelligent and liberal-minded

men in the House of Lords at this time, we do not wish to deny. The

memorable speech of Lord Abingdon proved his lordship to be one of

these, and, as this speech so admirably distinguishes _PRIVILEGE_ from

_TYRANNY_, we hope to be excused for introducing it in our pages. We

give it in his lordship's own words:

"MY LORDS,--Although there is no noble lord more zealously

attached to the privileges of this House than I am, yet when I

see those privileges interfering with, and destructive of, the

rights of the people, there is no one among the people more

ready to oppose those privileges than myself. And, my lords,

my reason is this: that the privileges of neither house of

parliament were ever constitutionally given to either to

combat with the rights of the people. They were given, my

lords, that each branch of the legislature might defend itself

against the encroachments of the other, and to preserve that

balance entire, which is essential to the preservation of all.

"This was the designation, this is the use of privilege; and

in this unquestionable shape let us apply it. Let us apply it

against the encroachments of the crown, and not suffer any

lord (if any such there be) who, having clambered up into the

house upon the ladder of prerogative, might wish to yield up

our privileges to that prerogative. Let us make use of our

privileges against the other house of parliament, whenever

occasion shall make it necessary, but not against the people.

This is the distinction and this the meaning of privilege. The

people are under the law, and we are the legislators. If they

offend, let them be punished according to law, where we have

our remedy. If we are injured in our reputations, the law has

provided us with a special remedy. We are entitled to the

action of _scandalum magnatum_,--a privilege peculiar to

ourselves. For these reasons, then, my lords, when the noble

earl made his motion for the printer to be brought before this

House, and when the end of that motion was answered by the

author of the paper complained of giving up his name, I was in

great hopes that the motion would have been withdrawn. I am

sorry it was not; and yet, when I say this, I do not mean to

wish that an inquiry into the merits of that paper should not

be made. As it stands at present, the noble lord accused

therein is the disgrace of this House, and the scandal of

government. I therefore trust, for his own honor, for the

honor of this House, that that noble lord will not object to,

but will _himself_ insist upon, the most rigid inquiry into

his conduct.

"But, my lords, to call for a printer, in the case of a libel,

when he gives up his author (although a modern procedure) _is

not founded in law_; for in the statute of Westminster, the

1st, chapter 34, it is said, 'None shall report any false and

slanderous news or tales of _great men_, whereby any discord

may arise betwixt the king and his people, on pain of

imprisonment, _until they bring forth the author_.' The

statutes of the 2d of Richard the Second, chapter 5, and the

14th of the same reign, are to the same effect. It is there

enacted, that 'No person shall devise, or tell any _false_

news or lies of any lord, prelate, officer of the government,

judge, &c., by which any slander shall happen to their

persons, or mischief come to the kingdom, upon pain of being

imprisoned; and where any one hath told false news or lies,

and cannot produce the author, he shall suffer imprisonment,

and be punished by the king's counsel.' Here, then, my lords,

two things are clearly pointed out, to wit, the person to be

punished, and what the mode of punishment is. The person to be

punished is the author, when produced; the mode of punishment

is by the king's counsel; so that, in the present case, the

printer having given up the author, he is discharged from

punishment: and if the privilege of punishment had been in

this House, the right is barred by these statutes; for how is

the punishment to be had? Not by this House, but by the king's

counsel. And, my lords, it cannot be otherwise; for, if it

were, the freedom of the press were at an end; and for this

purpose was this modern doctrine, to answer modern views,

invented,--_a doctrine which I should ever stand up in

opposition to, if even the right of its exercise were in us_.

But the right is not in us: it is a jurisdiction too summary

for the freedom of our constitution, and incompatible with

liberty. It takes away the trial by jury; which king, lords,

and commons, _have not a right to do_. It is to make us

accusers, judges, jury, and executioners too, if we please. It

is to give us an executive power, to which, in our legislative

capacities, we are not entitled. It is to give us a power,

which even the executive power itself has not, which the

prerogative of the crown dare not assume, which the king

himself cannot exercise. My lords, _the king cannot touch the

hair of any man's head in this country, though he be guilty of

high treason, but by means of the law. It is the law that

creates the offence; it is a jury that must determine the

guilt; it is the law that affixes the punishment; and all

other modes of proceeding are_ ILLEGAL. Why then, my lords,

are we to assume to ourselves an executive power, with which

even the executive power itself is not entrusted? I am aware,

my lords, it will be said that this House, in its capacity of

a court of justice, has a right to call for evidence at its

bar, and to punish the witness who shall not attend. I admit

it, my lords; and I admit it not only as a right belonging to

this House, but as a right essential to every court of

justice; for, without this right, justice could not be

administered. But, my lords, was this House sitting as a court

of justice (for we must distinguish between our judicial and

our legislative capacities) when Mr. Parker was ordered to be

taken into custody, and brought before this House? If so, at

whose suit was Mr. Parker to be examined? Where are the

records? Where are the papers of appeal? Who is the plaintiff,

and who the defendant? There is nothing like it before your

lordships; for if there had, and Mr. Parker, in such case, had

disobeyed the order of this House, he was not only punishable

for his contumacy and contempt, but every magistrate in the

kingdom was bound to assist your lordships in having him

forthcoming at your lordship's bar. _Whereas, as it is, every

magistrate in the kingdom is bound, by the law of the land, to

release Mr. Parker, if he be taken into custody by the present

order of this House._ Nothing can be more true, than that in

our judicial capacity, we have a right to call for evidence at

our bar, and to punish the witness if he does not appear. The

whole body of the law supports us in this right. But, under

the pretext of privilege, to bring a man by force to the bar,

when we _have our remedy at law; to accuse, condemn, and

punish that man, at the mere arbitrary will and pleasure of

this House, not sitting as a court of justice, is tyranny in

the abstract. It is against law; it is subversive of the

constitution; it is incompetent to this House_; and,

therefore, my lords, thinking as I do, that this House has no

right forcibly to bring any man to its bar, but in the

discharge of its proper functions, as a court of judicature, I

shall now move your lordships, 'that the body of W. Parker,

printer of the General Advertiser, be released from the

custody of the Gentleman Usher of the Black Rod, and that the

order for the said Parker, being brought to the bar of this

House be now discharged.'

"Before I sit down, I will just observe to your lordships,

that I know that precedents may be adduced in contradiction to

the doctrine I have laid down. But, my lords, _precedents

cannot make that legal and constitutional which is, in itself,

illegal and unconstitutional_. IF THE PRECEDENTS OF THIS REIGN

ARE TO BE RECEIVED AS PRECEDENTS IN THE NEXT, THE LORD HAVE

MERCY ON THOSE WHO ARE TO COME AFTER US!!!

"There is one observation more I would make, and it is this:

_I would wish noble lords to consider, how much it lessens the

dignity of this House, to agitate privileges which you have

not power to enforce. It hurts the constitution of parliament,

and, instead of being respected, makes us contemptible. That

privilege which you cannot exercise, and of right too, disdain

to keep._"

If the country had been blessed with a majority of such patriots as Lord

Abingdon, what misery had been prevented! what lives had been saved!

Secret History of the Court of England, from the Accession of George the Third to the Death of George the Fourth, Volume 1 (of 2) Including, Among Other Important Matters, Full Particulars of the Mysterious Death of the Princess Charlotte · 第 20 / 67 题