equity than that noble and learned personage. I therefore feel myself bound to say, that I do not ascribe the delays which have taken place in the Court of Chancery to the noble earl, but to the system established in that Court. I say that there has never been sufficient power in the judge, to dispose of causes when ready for hearing, since the first establishment of the Court of Chancery."

Lord Eldon, after requesting that time might be allowed for a due consideration of the measure, adverted to the complimentary language employed by the Lord Chancellor, and said, that "whatever might have been the political differences between himself and the noble lord, he was not the person unwilling to be reconciled; particularly when more had been said in his praise than he deserved. He had, indeed, done all in his power to administer justice with industry, diligence, and fidelity: beyond that he must claim no credit."-Further, in reference to the narrow-minded notions of some Chancery practitioners, that the present Chancellor was unfit for the woolsack because he had not been brought up to draw bills and answers in an equity-draughtsman's office, the ex-Chancellor emphatically said, "SOME JUDGES FROM THE COMMON LAW COURTS HAVE FORMED almost as GOOD JUDGES IN CHANCERY AS ANY THAT EVER SAT IN THAT COURT."*-Lawyers' are like Lovers' quarrels.

CHAPTER CCX.

CONTINUATION OF THE LIFE OF LORD ELDON TILL AFTER THE PASSING OF THE REFORM BILL.

A LULL Succeeded the tempest created by the Catholic Relief Bill; and the session which commenced in February, 1830, was comparatively quiet. The only measure on which Lord [A. D. 1830.] Eldon took a prominent part was the excellent bill prepared by Sir James Scarlett, then Attorney General, for abolishing the jurisdiction of the Courts of Great Sessions in Wales,-for increasing the number of the Judges in the Courts at Westminster,-for enabling these Judges to go circuits in Wales, as in England,-and for introducing several other palpable improvements in the administration of justice. This was of course opposed by Lord Eldon. Although Welsh judgeships, from being considered political appointments, had produced a very demoralizing effect among lawyers in the House of Commons, and the Welsh Courts were almost unanimously condemned as inefficient, insomuch that some said landed property in Wales was worth several years' purchase less than in England on account of the consequent insecurity of title,―he gallantly defended them, because they had both a legal and an equitable jurisdiction-asserting that they had long satisfactorily.

* 21 Hansard, 1274, 1492.

*

brought home justice to the doors of the inhabitants of the Principality. However, he did not venture to divide against the bill, being afraid of walking out alone.

But, his courage rising, he did call for a division against the bill for appointing a new Vice-Judge in the Court of Chancery-when the Autocrat who for a quarter of a century dictated the decisions of the House of Lords found himself in a minority of four t

This was his last appearance in the House of Lords during the reign of George IV. There had been no intercourse between him and his "young master" since his appearance at the levée on the passing of the Roman Catholic Relief Bill,-and, after a burst of ill

[MAY, 1830.] humour, his Majesty had become entirely reconciled to the Ministers who advised that measure. Lord Eldon was deeply hurt at finding himself neglected by him whom he had faithfully counselled on many trying occasions; but he never, for supposed wrongs to himself, relaxed from his loyal attachment to the person as well as the authority of the Sovereign. He was greatly distressed by the accounts now received from Windsor, indicating that a demise of the Crown could not be far distant; and he assisted in suggesting amendments to the bill allowing the use of a stamp for the King's signature, to be applied to documents which, by the ordinary law, required the sign manual.

66

He was comforted by observing that some symptoms of a coalition between the existing Ministry and the Whigs, which had alarmed him very unnecessarily,‡ now entirely disappeared, and that a pure Tory Government was likely to be restored in the new reign. Although the early friends" had continued excluded from office, he complained that during the latter years of George IV. they had been in the enjoyment of power; and he yet hoped to live to see the day when an effectual check should be given to innovation,-libels should be again prosecuted with due severity-and, in case of any danger to the public peace, he might rejoice in the suspension of the "Habeas Corpus Act" and in other wholesome measures of coercion. The heir to the throne, on whose vow he had fondly relied, was gone; but although he had no personal acquaintance with the Duke of Clarence, who was next in succession, he had good hopes of him from the part which his Royal Highness had formerly taken along with himself in defending the slave trade.§

* 22 Hansard, 925. 23 Ib. 829.

† 24 Tb. 1128.

† In June, 1829, he had written to Lady Frances Bankes," We understand that Lord Rosslyn is to be Privy Seal. It is believed that the wish was to have Lord Grey; but that not being likely to be agreed to by the King, they took Rosslyn as another Whig." He had likewise been much perturbed by the appointment of Mr. Abercromby, a notorious Whig, as Lord Chief Baron of the Court of Exchequer in Scotland.

§ However, it would appear that his Royal Highness had spoken very slightingly of the fast friend of the Duke of Cumberland. Lord Eldon, only a year or two before his own death, declared that he had never conversed with William IV. except twice,-adding this curious anecdote of the SAILOR-KING:-"I went

On the 26th of June, George IV. expired-not very deeply regretted by any class or any party in the state. Possessing great natural advantages, both of person and of intellect, along with his exalted rank,if he could have exercised self-control, he might have been respected and beloved-but, giving way to every inclination and caprice, he disgusted his subjects by an utter disregard of the duties of domestic life, and he displayed no firmness in maintaining any principles of government. The glories of his Regency the people ascribed to the happy auspices of the King, still supposed to be on the throne; from the time that he began to reign in his own right, he had been engaged in the unhappy contest with his wife; and of late years, shut up in his palace, and as much as possible shunning the public gaze, he had been regarded as a heartless voluptuary.

At the accession of William IV. there was general joy, from his popular manners, his straightforward character, and the appellation given to him of the "Sailor King." Lord Eldon, who had been the Chancellor of the two preceding Sovereigns, was in hopes that he should have been specially noticed at the commencement of the new reign, and probably restored to the Cabinet.

The Great Seal, I really believe, he now would have declined, unless it had been forced upon him; but he would still have been highly pleased to be President of the Council. He had the satisfaction to observe that William at first showed no inclination for the Whigs; but at the same time he was disappointed and mortified in finding that he himself was not sent for to be consulted at Court, and that his old colleagues seemed entirely to stand aloof from him. Under these circumstances he entered fully into the feelings of the other leaders of the Ultra-Protestant party, who deeply resented what they called the treachery of the Duke of Wellington and Mr. Peel respecting the Catholic question, and, exclaiming "NUSQUAM TUTA FIDES!" vowed revenge,—even at the risk of the Whigs being for a time admitted to office. He believed that this must be a short-lived evil, and he declared that an obnoxious party, whose bad principles were avowed, would be less formidable to the Church than her pretended friends.

An opportunity soon arose for our ex-Chancellor to show his propensities; and, for the first time in his life, he was heard loudly cheering the leader of the Whigs.

In answer to William IV.'s maiden message, recommending the two

with Dr. Grey, the late Bishop of Bristol, to present an address. After it had been presented, as I was passing, the King stopped me, and said, 'My Lord, political parties and feelings have run very high, and I am afraid I have made observations upon your Lordship which now — I immediately said, 'I entreat your Majesty's pardon; a subject must not hear the language of apology from the lips of his Sovereign,'-and passed on."-Twiss, ch. liii. It must be very hazardous to criticize the tact of such a consummate master of courtly arts; but to the uninitiated it would seem better if the Subject had not abruptly stopped the Sovereign, and, assuming superiority, prevented him from finishing a prepared speech, which might have been as pointed as that of James II., when he said that a King of England must not remember the quarrels of a Duke of York."

Houses to enter upon no new business, and to wind [JUNE 30, 1830.] up that which was already before them as soon as possible, as his Majesty intended speedily to dissolve Parliament,—the Duke of Wellington having proposed an address of acquiescence, Lord Grey pointed out the propriety of forthwith passing a Regency Bill, on the ground that, before a new Parliament could assemble, there might be a demise of the Crown,-and in that event (so much to be deprecated, in the present state of the royal family,) the greatest public confusion might arise.* Suggesting that the subject had entirely escaped the attention of the Government, he moved that the debate be adjourned, to give time for consideration. This was opposed by Lord Chancellor Lyndhurst, who pointed out the improbability of such a misfortune, and said: "If it should unfortunately happen, on the accession of an infant to the throne, the same course would be adopted as on that of a Sovereign of mature years. Proclamation would be made of the accession of the new Sovereign in the same form which their Lordships had witnessed a few days before. The infant would have the power of continuing or changing Ministers, and the same responsibility would rest upon them as at present."

Lord Eldon: "I feel it to be my duty to support the amendment of the noble earl. If it be supposed that I have any objection to an early appeal to the people, in order to give them an opportunity of expressing what they think of the conduct of Government, there cannot be a greater mistake. I wish that the people enjoyed such an opportunity this very night, if it were compatible with the safety of the state. If the people are satisfied with the conduct of the present Government, they ought to have an immediate opportunity of expressing that satisfaction. If perchance they are dissatisfied, they should also have the like opportunity of declaring their feelings. I have heard a great deal, by report, of dissatisfaction among the people at the late measures of the Government, and of its expression in words; I should wish them to have an opportunity of showing it by acts; if it is expressed only in words, and not by acts, I would say they had better hold their tongues, and be contented. But the safety of the state is compromised by this hurried dissolution. The arguments of the noble duke, and of my noble and learned friend on the woolsack, are all in favour of the amendment. They rely upon the acts of William III. and Queen Anne, which continue the existence of Parliament for six months after a demise of the Crown; but these acts prove the necessity for the contingencies arising in the new reign being immediately provided for. I have listened with some surprise to the observations made upon an infant Sovereign coming to the throne —a little King that one may dandle and play with. I agree with my noble and learned friend, that this occurrence may not be disagreeable to the Minister who happens then to be in office, for he is converted * William IV. had no surviving child by his Queen, but she might still have been expected to bring children. The heir presumptive was the Princess Alexandrina Victoria, daughter of the Duke of Kent, (her present Majesty,) then in her eleventh year.

into the Sovereign. For my own part, if I were Prime Minister, there is nothing I should like more. It would, no doubt, be much more convenient than to have a Sovereign who would not submit to dictation. THE NOBLE DUKE KNOWS VERY WELL TO WHAT I ALLUDE.* But I ask your Lordships whether, if an infant Sovereign is likely to be on the throne, some provision ought not to be made beforehand for the administration of the government. If an infant Sovereign were to be on the throne, whose head, if he were laid in the integument which covers the head of my noble and learned friend, could not be seen over it, he would, by a fiction of law in favour of royalty, be supposed to have as much sense, knowledge, and experience as if he had reached the age of three score and ten; but, admitting the truth of the supposition in a constitutional sense, is it unreasonable to ask that there should be some party acting for the Sovereign during what may be termed his natural, though not his political, minority? There is yet another case, for which it is the duty of Parliament to make some provision-the supposition of a successor to the throne, though not yet visible, being in existence at the demise of the Crown. Cases in some respects analogous are of no uncommon occurrence. I will suppose, for example, that another Guy Fawkes should succeed in blowing up this House, and that my noble and learned friend on the woolsack, destined to another end, is the only one who escapes; I know that, before writs are issued to those who are to succeed many of your lordships, my noble and learned friend would have to inquire whether such of your lordships as had no children born had left widows, and whether those widows were in that state which offered a prospect of an heir. If they were, no writ of summons to a collateral could issue until that question is decided by the birth of an heir; and till such time has elapsed, to put the question of issue beyond doubt, he would have to ascertain whether there was any little peer, not then visible-but who might be so in due course of time,and until that was determined, the title would be, as it were, in abeyance. Now, would it not, à fortiori, be still more necessary to institute the same inquiry in case of the event to which allusion has been made? Is it not necessary to make some provision for such a contingency, which is, in present circumstances, by no means a remote one? In any measure adopted after a demise of the Crown, in case none be adopted before, it would be necessary to have recourse to the authority of some party exercising the power of the Sovereign. There must be a real or a phantom King; and it is just the same in principle whether this little King is not able to speak or walk, or whether he is only en ventre sa mère. To prevent the difficulty to which this would give rise, recourse should be had to the authority of a Regent who is really as well as constitutionally able to exercise the prerogatives of the Crown. So convinced am I that some early provision should be made for such a contingency, that I must vote for the amendment of the noble earl."t

* I am sure I do not know to what he alludes: for the Duke, while Prime Minister to George IV., had carried every thing his own way; and upon the Catholic question, the King had at last submitted implicitly to his advice.

† 25 Hansard, 740. In his zeal to embarrass the Government, he mis-states,