CHAP. of Bo roughs. Commons, fully 216 were returned for boroughs. Of these, 200 were elected by 100 individuals, and nearly 50 were the nominees of 10. This enabled the Ministry to Patrons have a sufficient number under control, either by official ties or by patronage. There was a numerous band of stipendiaries, pensioners for imaginary services, paid of course out of Irish taxes, so that, as was well observed, the country paid annually a considerable sum for stifling the voice of its own representatives. The lucky hirelings Duration were in no dread of being called on by enraged or trouble- of Sessions. some constituents, to account for corrupt votes; these happy members might sit all their lives without even once seeing the electors who returned them. They enjoyed a 'fixity of tenure,' disturbed only by a dissolution. of the Crown. Answerable only to their own consciences, they were beyond other control; for sometimes thirty years elapsed before they ran the risk of losing their seats. Yet on one subject they were very sensitive, like all other mortals, they kept a tight hold of the purse. They conceived that it was their undoubted right to apply the surplus revenue of Ireland towards Irish purposes, without the consent of the King; and in 1749 prepared as much of a Bill as the Poyning's law enabled them to donamely, the heads-as follows: Whereas on the 25th day of March last a considerable balance remained in the hands of the Vice-Treasurer, or Receiver-General of this kingdom, unapplied, it will be for your Majesty's service, and for the ease of your faithful subjects of this kingdom, that so much thereof as can be conveniently spared should be paid, agreeably to your Majesty's most gracious intentions, in discharge of part of the National Debt.' This appropriation, which was apparently the proper one, excited the anger of the advocates of prerogative in England, who affirmed the Irish House of Commons had no right to apply any part of the unappropriated revenue, nor even to entertain any question of the kind without the express consent of the Crown.' 1 Grattan's Life, by his son. Heads of Bill to dispose of surplus. CHAP. XL. Viceroy declares the consent of the Crown. Alarm of the House of Com mons. Prime In consequence of this, the Viceroy, Duke of Dorset, was commanded to give this consent at the session of Parliament. He stated, he was commanded by the King, ever attentive to the ease and happiness of his subjects, to acquaint them his Majesty would consent and recommend to them, that such part of the money then remaining in his treasury as should be thought consistent with the public service, be applied towards the discharge of the National Debt, or such part thereof as they shall think expedient.' This declaration alarmed the Irish Commons, and called into life all the elements of oratorical power. Hitherto the current of legislation flowed so evenly, and ran in such a narrow groove, that there was little to excite, and excitement is the main-spring of debate. Eloquence must exist in the subject and in the occasion, or it will not be produced in the man; but now enthusiasm glowed in the Irish House of Commons. There were not wanting able speakers. Foremost among them was Prime Sergeant Malone, whose eminence as a barrister I have already mentioned. This gentleman, educated under his father's care, was called to the Irish bar in 1727, and represented the county of Westmeath in the Irish Parliament. He had great practice in the Court of Chancery, and his style of speaking was admirable.' Clear as a limpid stream, yet forcible as a mountain torrent, it was so logical that conviction was sure to follow in the train of his argument. Lord Sackville said of him: Mr. Malone was a man of the first intellect that country ever produced; the three ablest men I ever heard were Mr. Pitt (the father), Mr. Murray (Lord Mansfield), and Mr. Malone. For a popular assembly, I would choose Mr. Pitt; for a Privy Council, Murray; for twelve wise men, Malone.' 'He is a great sea in a calm,' was another observation applied to him by Gerard Hamilton, a good judge of capable men. 'Ay,' it was replied; but had you heard him when he was young you would have said he was a great sea in a 1 Ante, p. 77. storm; and like the sea, whether in calm or storm, he was a great production of nature.' CHAP. XL. He was about fifty years of age when the conflict between the ruling powers and the House of Commons broke forth; and with all the vehemence of a patriot, Prime Serjeant Malone advocated the rights of the Commons of Ireland. He was ably supported by the Speaker, and many other Members, while the great majority of the nation applauded their conduct. Whenever the opportunity arose they asserted their rights; but the course taken by the Prime Serjeant was attended with the usual result, loss of Court favour. Whether the Lord Chancellor Prime resisted the proposition of the Government to deprive Serjeant him of his legal rank, which gave him precedence of the Attorney and Solicitor-General, I know not; but, to the regret of the Bar, and the rage of the people, he was deprived of the office of Prime Serjeant.' During the Viceroyalty of the Marquis of Hartington, who had replaced the Duke of Dorset, the state of parties was much unsettled in Ireland. The Chancellor's health was not very good; but he attended Court with regularity, and disposed of his cause list in a satisfactory way. was His Lordship married twice. His first wife Charlotte Anderson, daughter and co-heiress of Charles Anderson, Esq., of Worcester, by whom he had a son, Robert, his successor. She died February 23, 1747, and he remained several years a widower. In 1754 his Lordship married again. His second choice was a widow, In 1757, during the Duke of Bedford's Viceroyalty, Mr. Malone was appointed Chancellor of the Exchequer in Ireland, then a quasi-judicial office, and as he delighted in equity business, sat in Court and did more of the legal work than Chief Baron Willis. It is said there never was an appeal from his judgments; more than can be said of most Chancellors. When he lost this office he returned to the equity practice with a patent of precedency. After the accession of King George III. he supported the Government until the period of his lamented death, May 8, 1776. 2 Robert, second Viscount, succeeded his father in 1756. He had previously, in 1752, married Anne, daughter and heiress of James, Earl of Clanbrassil. He held the office of Auditor-General of Ireland, and was created Earl of Roden, of High Roding, in the County Tipperary, September 9, 1771. displaced. Chan cellor's first wife. CHAP. Second wife, Lady Rosse. Created Frances, daughter of Thomas Claxton, Esq., and relict of 1 Correspondence of Mary Granville, vol. iii. p. 312. CHAPTER XLI. LIFE OF JOHN, LORD BOWES, LORD CHANCELLOR OF IRELAND, FROM He was CHAP. materials for a memoir of Lord Native of Called to IN compiling my memoir of Lord Chancellor Lord Bowes, I have to lament the want of any account of his early career. The very short statement in Duhigg's History of Seanty the King's Inns,' that he came to the country in the train of Chancellor West' being nearly all that I can find respecting him. Lord Chancellor West died in 1726, having Chancellor been but one year in office, when Mr. Bowes was not Bowes. more than twenty-nine years of age, which would give 1697 as the date of his birth. He was a native of Surrey Birth. in England, and possessed powerful friends. called to the Bar at the Inner Temple, Trinity Term, 1718. Duhigg says Bowes had two methods of attaining an independent station, each sufficient to insure him success, were he deficient (which was not the case) of legal talents. He was a native of England, and might return thither, where he had a powerful patron in Sir Philip Yorke, then Attorney-General of that kingdom, or under that banner solicit Irish promotion. He preferred remaining in Ireland, and was called to the Irish Bar by the Benchers of the King's Inns, in Michaelmas Term, 1725. He soon obtained considerable practice, and received the rank of Serjeant in 1727.' the Bar in England in 1718. Called to the Irish Bar, Michaelmas Term, 1725. Serjeant in 1727. Obtains a Mr. Bowes was a graceful and fluent speaker. His abilities as a debater recommended him to the Govern- seat in the ment, and he was elected member of the Irish House of Commons. Duhigg says, 'He was returned to Parliament Commons. 1 Patent, May 4, 1727. He became second Serjeant by Patent dated January 18, 1728. Irish House of |