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On the 18th of February, Colonel Fitzpatrick, Fox's most intimate friend, presented another petition from the electors of Westminster, praying to be heard by counsel, in consequence of new facts having come to light, but Lord Frederick Campbell, on the part of Government, moved that such counsel should not argue against the legality of the scrutiny. The counsel, on being admitted, refused to plead under such restrictions. The House then called in the high bailiff, and demanded what the new facts were on which the petition was based, and he admitted that they were, that the party of Mr. Fox had offered to take the scrutiny in the parishes of St. Margaret's and St. John's alone, where Mr. Fox's interest was the weakest, in order to bring the scrutiny to an end, and that Sir Cecil Wray had declined the offer. Colonel Fitzpatrick then moved that the high bailiff should be directed to make a return, according to the lists on the close of the poll on the 17th of May last. This motion was lost, but only by a majority of nine, showing that the opinion of the House was fast running against the new Minister, and on the 3rd of March Alderman Sawbridge put the same question again, when it was carried by a majority of thirty-eight. It was clear that the Government pressure could be carried no further. Sawbridge moved that the original motion should be put, and it was carried without a division. The next day the return was made, and Fox and Lord Hood were seated as the members for Westminster. Fox immediately moved that the proceedings on this case should be expunged from the journals, but without success. He also commenced an action against the high bailiff for not returning him at the proper time, when duly elected by a majority of votes. He laid his damages at two hundred thousand pounds, and the trial came on before Lord Loughborough, formerly Mr. Wedderburn, in June of the following year, 1786, when the jury gave him immediately a verdict, but only for two thousand pounds, which he said should be distributed amongst the charities of Westminster.

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The growth of our commerce during these seventy-two years is shown by the amount of our exports. In 1697that is, nine years after the Revolutionthe amount of exports was only 3,525,907; but in the three next years of peace they rose to 6,709,881. War reduced these again to little more than 5,000,000, and at the end of the reign of Anne, during peace, they rose to 8,000,000. At the end of the reign of George I. the war had so much checked our commerce, that the exports scarcely amounted to that sum, the average of the three years1726, 1727, and 1728being only 7,891,739. By the end of the reign of George II., however (1760), they had risen to 14,693,270. Having by this period driven the fleets of France and Spain from the ocean, we rather extended our commerce than injured it. Thus, during these seventy-two years, our exports had increased from about three millions and a half annually to more than fourteen millions and a half annually, or a yearly difference of upwards of eleven millionsa most substantial growth.Kirby, hurrying from the house to learn the cause of the new uproar, was all but knocked down and trodden under the hoofs of all his stock, driven from the enclosure with cracking of whips and with stones. Then a dozen ridden horses crowded over the dropped bars, the woman in the lead astride, as were the men.
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TWO:The King of Spain hoped, by the dismissal of Alberoni, to obtain more advantageous terms of peace from France and England; but they still stood firmly to the conditions of the Quadruple Alliance. On the 19th of January, 1720, the plenipotentiaries of England, France, and Holland signed an engagement at Paris not to admit of any conditions of peace from Spain contrary to those of the alliance. Stanhope despatched his secretary, Schaub, to Madrid, to endeavour to bring over the queen to this agreement, and Dubois sent instructions to the Marquis Scotti, Father d'Aubenton, and others in the French interest to press the same point. She stood out firmly for some time, but eventually gave way, and the mind of the king was soon influenced by her. Some difficulties which could not be overcome were referred to a congress to be held at Cambray. On the 26th of January Philip announced his accession to the Quadruple Alliance, declaring that he gave up his rights and possessions to secure the peace of Europe. He renewed his renunciation of the French Crown, and promised to evacuate Sicily and Sardinia within six months, which he faithfully performed.

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FORE:This majority of the Coalition compelled Lord Shelburne to resign; but the rest of the Administration remained in their places, in the hope that Pitt would now take the Premiership. In fact, the king, on the 24th of February, sent for Pitt and proposed this to him; but Pitt was too sensible of the impossibility of maintaining himself against the present combination of parties. The next day Dundas moved and carried an adjournment for three days, to give time for the arrangement of a new Cabinet. Pitt continued to persist in declining to take the Premiership, and on the 2nd or 3rd of March the king sent for Lord North. His proposal was that North should resume the management of affairs; but North insisted on bringing in his new friends, and to that the king objected. Matters remained in this impracticable condition till the 12th, when the king sent for North, and proposed that the Duke of Portland should be asked to form an Administration; but this did not at all advance matters, for Portland was equally determined with North to maintain the Coalition, and the king was resolved to have nothing to do with Fox, whilst Fox was equally determined not to admit the king's friend, Lord Stormont, to any Cabinet of which he was a member. On the 31st the announcement was made that Pitt had resigned, and that the king was prepared to submit to the terms of the Coalition. George, with deep and inward groans, submitted himself once more to the slavery of the great Whig houses, and, as some small recompense, the Coalition admitted Lord Stormont to a place in the Cabinet.

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The invasion of Scotland was again brought under his notice, and strongly recommended by his chief confidant and minister, Baron Gortz. Charles now listened with all his native spirit of resentment, and Gortz immediately set out on a tour of instigation and arrangement of the invasion. He hastened to Holland, where he corresponded with Count Gyllenborg, the Swedish Ambassador at London, and Baron Spaar, the Swedish Minister at Paris. He put himself also into communication with the Pretender and the Duke of Ormonde. The scheme of Gortz was able and comprehensive. A peace was to be established between Charles and his great enemy and rival, Peter of Russia. They both hated George of Hanover and England, and by this union might inflict the severest injuries on him. Next a conspiracy was to be excited against the Regent of France, so as to prevent him aiding England according to the recent Treaty, and all being thus prepared, Charles XII. was himself to conduct the army of twelve thousand veterans destined to invade Scotland, and, if supported by the Jacobites, England.From the Picture by Robert Hillingford.In our time this defeat would, as a matter of course, have turned out the Ministry, but in that day it had no such effect. They continued to hold office, and to command undiminished majorities on other questions. Still more singular was its effect, for it induced them to offer office to their triumphant opponent Walpole, who not only accepted a subordinate post amongst themthe Paymaster of the Forcesbut consented to support the very clauses regarding the Scottish peers which he had so firmly denounced, should they be inclined to bring forward the Bill a third time.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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