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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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FORE: William Handcock, an extraordinary instance. He made and sang songs against the union, in 1799, at a public dinner, and made and sang songs for it in 1800; for which he was made Lord Castlemaine.
FORE:During the years 1767, 1768, and 1769, Mr. Thomas Whatelyat one time private secretary to Grenville, and several years Under-Secretary of State to Lord Suffolk, but during these years out of office, and simply member of Parliamenthad maintained a private correspondence with Governor Hutchinson and his brother-in-law, Andrew Oliver, the Lieutenant-Governor. In these letters Hutchinson and Oliver had freely expressed to their old friend their views of the state of affairs in the colony; and, of course, said many things never intended to come to the public eye, or to operate officially. On the death of Whately, in 1772, some villain purloined these letters and conveyed them to Franklin, who was acting as agent for Massachusetts. Who this dishonest firebrand was, was never discovered. Franklin pledged himself to secrecy, both as to the letters and as to the name of the person who so basely obtained them. The name of this person he faithfully kept; but the contents of the letters were too well calculated to create irreconcilable rancour in the minds of the Americans, for him to resist the pleasure of communicating them to the Massachusetts Assembly. He accordingly forwarded them to Mr. Curling, the Speaker of the Assembly.
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FORE:Cairness and Felipa were alone, and he leaned nearer to her. "Do you know," he asked in a low voice, "that there have been all sorts of rumors of trouble among the Indians for some time?"
[122]Mrs. Lawton started forward in her chair. "What's he in for now? Ain't it for this?" she demanded.Then Landor spoke to the commissary officer. "You will oblige me, Mr. Brewster, by returning those bids to the safe and by opening the door for me." He dropped the blanket, drew back his cut hand, warm and wet with blood, and wrapped it in a handkerchief very deliberately, as he waited.And, from the descent of Jeff, to give the ground careful inspection to the moment when he gave up his own baffling puzzle and took off, the youthful amateur pilot reported to Dick, from a spy-hole in the greenery.
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