]
[Footnote 19: "Lives of the Chancellors," c. cxli.]
[Footnote 20: It appears from these dates that it was not yet understood
that Parliament could not be prorogued for a longer period than forty
days.]
[Footnote 21: These words occur in a speech attributed to Lord
Mansfield. There is no detailed account of the debates on this subject
in either House. All that exists in the "Parliamentary History" is a
very brief abstract of the discussion in the Commons, and a document
occupying above sixty pages of the same work (pp. 251-314), entitled "A
Speech on behalf of the Constitution against the Suspending and
Dispensing Prerogative," etc., with a foot-note explaining that "this
speech was supposed to be penned by Lord Mansfield, but was, in fact,
written by Mr. Macintosh, assisted by Lord Temple and Lord Lyttleton."
It certainly seems to contain internal evidence that it was not written
by any lawyer, from the sneers at and denunciations of lawyers which it
contains, as a class of men who "have often appeared to be the worst
guardians of the constitution, and too frequently the wickedest enemies
to, and most treacherous betrayers of, the liberties of their country."
But, by whomsoever it was "penned" and published, the arguments which it
contains against the dispensing power were, probably, those which had
been urged by the great Chief-justice, and as such I have ventured to
cite them here.
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