THREE:On the 30th of January, 1793, Dundas announced to the House of Commons a message from the throne, communicating the news of the execution of the French king. This was accompanied by copies of a correspondence with M. Chauvelin, the late plenipotentiary of Louis, and of an order for his quitting the kingdom, in consequence of this sanguinary act. The message made a deep impression on the House, though the circumstances were already well known. It was agreed to take these matters into consideration on the 2nd of February, when Pitt detailed the correspondence which had for some time taken place between the British Cabinet and the French Government. He said that Britain, notwithstanding many provocations, had carefully maintained an attitude of neutrality, even when, in the preceding summer, France was at war with Austria and Prussia, and was menacing our Dutch allies. The French, on their part, had, he said, made similar professions. They had publicly renounced all aggression, and yet they had annexed Saxony, overrun Belgium, and now contemplated the invasion of Holland. They had done more: they had plainly menaced this country with invasion. So recently as the last day of the year, their Minister of Marine had addressed a letter to the seaports of France, in which this was the language regarding England:"The King and his Parliament mean to make war against us. Will the English Republicans suffer it? Already these free men show their discontent, and the repugnance they have to bear arms against their brothers, the French. Well, we will fly to their succour; we will make a descent on the island; we will lodge there fifty thousand caps of liberty; we will plant there the sacred tree; we will stretch out our arms to our Republican brethren, and the tyranny of their Government shall soon be destroyed!" There was a strong war spirit manifest in the House. Fox and his diminished party combated it in vain. The same prevailing expression was exhibited in a similar debate in the House of Lords, in which Lord Loughboroughwho, on the 20th of January, succeeded Thurlow as Lord Chancellorsupported the views of Ministers. But there was little time allowed for the two Houses to discuss the question of peace or war, for on the 11th of February Dundas brought down a royal message, informing the Commons that the French had declared war on the 1st of February, against both Britain and Holland. On the following day Pitt moved an Address to his Majesty, expressing a resolve to support him in the contest against France. In the debate, Burke declared the necessity of war against a nation which had, in fact, proclaimed war against every throne and nation. At the same time, he declared that it would be a war in defence of every principle of order or religion. It would not be the less a most desperate war. France was turning almost every subject in the realm into a soldier. It meant to maintain its armies on the plunder of invaded nations. Trade being ruined at home by the violence of mob rule, the male population was eager to turn soldiers, and to live on the spoils of the neighbouring countries. Lyons alone, he said, had thirty thousand artisans destitute of employment; and they would find a substitute for their legitimate labour in ravaging the fields of Holland and Germany. He deemed war a stern necessity. A similar Address was moved and carried in the Peers.After he had had his tea Kirby got up, went out to the corral, and called to one of the men, who hesitated for a moment, then slouched over, kicking with his heavy booted toe as he passed at the hocks of a horse in one of the stalls. Kirby saw him do it, but he checked his wrath. He had learned to put up with many things. "Don't you think," he suggested, "that it might be a good idea for you and some other man to ride down the road a bit"
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THREE: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.
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THREE:She took it, and they both stood for a time without[Pg 222] speaking. Then she turned her head and looked up at the sunshine. "I think I must go," she whispered. But she did not move.Whilst the war of parties had been raging in England, matters abroad had been rapidly assuming a shape which threatened the tranquillity of all Europe. In France the elements of revolution had been fermenting, and had already burst into open fury with a character which, to observant eyes, appeared to bode inevitably their spread into every surrounding country. At the same time, the sovereigns of these countries, instead of discerning the signs of the times, and taking measures to guard their people from the contagious influence, were some of them acting so as certainly to invite the specious anarchy. In others, they were wasting their strength on schemes of conquest which only too much enfeebled them for opposition to the dangers thus preparing. Some of these warlike movements seem, at first sight, to have little connection with the history of England, but, more or less, they all are necessary to our comprehension of our own position in the time of those marvellous subversions which were at hand.
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