ONE:On the 20th of May Fox moved for a Grand Committee on courts of justice, to inquire into some late decisions of the courts in cases of libel. Thomas Erskine, the eloquent advocate, had lately, in the case of the Dean of St. Asaph, delivered a most brilliant and effective speech on the right of juries to decide both on fact and on law in such cases, the duty of the judge being only to explain the law. Fox adopted this doctrine of Erskine, and framed his speech in the most glowing terms. He complained, however, that such was not the practice of the courts, and he particularly animadverted on the custom and the doctrine of Lord Mansfield on this subject. He observed that in murder, in felony, in high treason, and in every other criminal indictment, it was the admitted province of the jury to decide both on law and fact. The practice in the case of libel was an anomaly, and clearly ought not to be so. He said that the doctrine which he recommended was no innovation; it had been asserted by John Lilburne, who, when prosecuted for a libel under the Commonwealth, declared that the jury were the real judges, and the judges themselves mere cyphers, so far as the verdict was concerned; and Lilburne had been acquitted, in spite of the judge and of the influence of Cromwell. He reviewed the doctrines of the Stuarts regarding libel, and observed that these could not be wrong then and right now. He contended that the late practice had been a serious inroad on the liberty of the press, and noted the case of the printer of the Morning Herald, who had been tried for merely commenting strongly on the sending of an armament to Nootka Sound, and on the conduct of Parliament in granting supplies for this purpose. He had been condemned to a year's imprisonment and to stand in the pillory. Pitt observed that he had always, since he had had a place in the Ministry, condemned the use of the pillory, and that there could be no difficulty in remitting that part of the sentence in this particular case. He supported Fox's view of the law, and recommended him to bring in two short Bills, instead of going into committee on the subject. Fox followed this advice, and brought in two Billsone to remove doubts respecting the rights and functions of juries in criminal cases; and the other to amend the Act of the 9th of Queen Anne for rendering the proceedings upon writs of Mandamus and informations in the nature of a Quo Warranto more speedy and effectual. The first Bill passed the Commons on the 2nd of June, but was thrown out in the Lords, through the influence of Chancellor Thurlow, who had never forgiven Pitt his contempt of his conduct on the Regency question during the king's malady. This defeated the object of Fox during this Session, but it was carried in the next, and Lord Thurlow's opposition lost him his position. The Great Seal was put into commission.In the interval, the character and conduct of the Prince of Wales came prominently before the public. The two great friends of the prince were Fox and Sheridan. If the intellectual qualities of these two remarkable men had been equalled by their moral ones, no fitter companions for a young prince could have been found. But, unfortunately, they were as distinguished for their drinking and dissipation, and Fox for his reckless gambling, as for their talents. Pitt and they were in violent opposition, and as Pitt, with his cold, unimpulsive nature, stood firmly by the king, Fox and Sheridan were, as matters of party, warmly the advocates of the prince. Hence the king and his son, sufficiently at strife on the ground of the prince's extravagance and debauchery, were rendered doubly so by the faction fire of their respective adherents. Pitt, who might have softened greatly the hostile feeling between the royal father and son, by recommending less parsimony on the part of the king, and kindly endeavouring to induce the prince to exhibit more respect for his father, never displayed the slightest disposition to act so generous and truly politic a part. Sheridan and some others of the Whig party mentioned the prince's debts, and urged the propriety of something being done to save the honour of the Heir Apparent; but Pitt turned a deaf ear, and the king informed the prince that he could not sanction the payment of his debts by Parliament, nor was he disposed to[337] increase his allowance from the Civil List. On this the prince determined to break up his household, which had been appointed by the king, and cost the prince twenty thousand pounds, to sell his horses and carriages, and to live in a few rooms like a private gentleman. This he did; his fine horses were paraded through the streets on their way to Tattersall's to be sold, and he stopped the building of Carlton House. All this would have been admirable had it proceeded from a real desire to economise on the part of the prince, in order to satisfy his clamorous creditors, and to commence a real reform of his habits; but the whole was only a mode of mortifying the king and Court party by thus exhibiting the Heir Apparent as compelled, by the refusal of a proper allowance, to abandon the style befitting his rank, and sink himself into that of a mere lodger of scanty means. If this grand man?uvre did not accomplish its object at Court, it, however, told on his own party, who resolved in the next Session to make a grand effort for the liquidation of his debts.
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FORE:"The one who sloped with the Greaser?"
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