THREE:The king, in the first instance, applied to Lord Shelburne to form a Ministry; but he was bound by engagements to Wentworth House, and honourably refused to take the lead. George then tried Lord Gower as ineffectually, and so was compelled to send for Lord Rockingham, who accepted office, on the condition that peace should be made with America, including the acknowledgment of its independence, if unavoidable; administrative reform, on the basis of Mr. Burke's three Bills; and the expulsion of contractors from Parliament, and revenue officers from the exercise of the elective franchise. The king stood strongly on the retention of Lord Chancellor Thurlow and Lord Stormont in their offices. Rockingham, with reluctance, conceded the retention of Thurlow, but refused that of Stormont. The choice of Lord Rockingham was such as could only have been made where family influence and party cliques had more weight than the proper object of a Ministerthe able management of national affairs. Rockingham, though a very honourable man, was never a man of any ability, and though now only[288] fifty-two, his health and faculties, such as they were, were fast failing. Besides this, there was a violent jealousy between him and Lord Shelburne, who became his colleague, and brought in half of the Cabinet. The shape which the Ministry eventually assumed was this:Lord Rockingham became First Lord of the Treasury and Premier; the Earl of Shelburne and Charles Fox, Secretaries of State; Thurlow, Lord Chancellor; Camden, notwithstanding his age, President of the Council; Duke of Grafton, Privy Seal; Lord John Cavendish, Chancellor of the Exchequer; Keppelmade a viscountFirst Lord of the Admiralty; General Conway, Commander of the Forces; the Duke of Richmond, Master-General of Ordnance; Dunningas Lord AshburtonChancellor of the Duchy of Lancaster. Burke was not admitted to the Cabinet, for the Whigs were too great sticklers for birth and family; but his indispensable ability insured him the Paymastership of the Forcesby far the most lucrative office in the hands of Government, but the salary of which he was pledged to reduce by his Bill. Pitt was offered a place as Lord of the Treasury; but he had already declared, on the 8th of March, on the debate on Lord John Cavendish's motion, that he would never accept a subordinate situation. Dundas remained in office, as Lord Advocate, and John Lee was made Solicitor-General. Such was the new Administration: it embraced, as leaders, five Rockinghamites and five Shelburnites. The eleventh member of the Cabinet, Thurlow, belonged to neither side, but was the king's man. Fox saw himself in office with him with great repugnance, and Burke felt the slight put upon him in excluding him from the Cabinet.The Crown had resolved to proceed against the queen by a Bill of Pains and Penalties, the introduction of which was preceded by the appointment of a secret committee, to perform functions somewhat analogous to those of a grand jury in finding bills against accused parties. Mr. Brougham earnestly protested against the appointment of a secret committee, which was opposed by Lords Lansdowne and Holland. The course was explained and defended by the Lord Chancellor, who said that the object of Ministers in proposing a secret committee was to prevent injustice towards the accused; that committee would not be permitted to pronounce a decision; it would merely find, like a grand jury, that matter of accusation did or did not exist; such matter, even if found to have existence, could not be the subject of judicial proceeding, strictly so called. The offence of a queen consort, or a Princess Consort of Wales, committing adultery with a person owing allegiance to the British Crown would be that of a principal in high treason, because by statute it was high treason in him; and as accessories in high treason are principals, she would thus be guilty of high treason as a principal; but as the act of a person owing no allegiance to the British Crown could not be high treason in him, so neither could a princess be guilty of that crime merely by being an accessory to such a person's act. Yet although, for this reason, there could be no judicial proceeding in such a case, there might be a legislative one; and the existence or non-existence of grounds for such legislative proceeding was a matter into which it would be fit that a secret committee should inquire. In no case could injustice be done, because that committee's decision would not be final. There might be differences of opinion about the best mode of proceeding, but, for God's sake, said the Lord Chancellor, let it be understood that they all had the same object in view, and that their difference was only about the best mode of procedure.