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TWO:But the Comprehension Bill was not so fortunate. Ten bishops, with twenty dignified clergymen, were appointed as a commission to make such alterations in the liturgy and canons, and such plans for the reformation of the ecclesiastical courts as, in their opinion, best suited the exigencies of the times, and were necessary to remove the abuses, and render more efficient the services of the Church. The list of these commissioners comprised such men as Tillotson, Stillingfleet, Sharp, Kidder, Hall, Tenison, and Fowler. They met in the Jerusalem Chamber, and began their labours preparatory to this great comprehensive bill. In order to sanction these changes, Convocation was summoned, and then the storm broke loose. The Jacobites and the discontented cried out they were going to pull the Church down; the High Churchmen declared it was a scheme to hand over the Church to the Presbyterians; the Universities cried that all the men engaged in the plan were traitors to the true faith, and the king himself was not spared. The High Churchmen who were included in the commission fled out of it amain, and Convocation threw out the whole reform as an abomination. Convocation having given this blow to all hopes of ecclesiastical reform, was prorogued to the 24th of January, 1690, and on the 6th of February was dissolved with the Parliament, nor was it suffered to meet again for business till the last year of the reign of William."Why shouldn't it be? What the deuce has a fellow got to do but drink and gamble? You have to, to keep your mind off it."

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TWO:The queen closed the session on the 9th of July, assuring the Parliament that her chief concern was for the preservation of our holy religion and the liberty of the subject��this liberty having been most grievously invaded by her through the Schism Bill. But the dissolution of her Ministry was also fast approaching. The hostility of Oxford and Bolingbroke was becoming intolerable, and paralysed all the proceedings of Government. As for Oxford, he felt himself going, and had not the boldness and[20] resolution to do what would ruin his rival. He coquetted with the Whigs��Cowper, Halifax, and others; he wrote to Marlborough, and did all but throw himself into the arms of the Opposition. Had he had the spirit to do that he might have been saved; but it was not in his nature. He might then have uncovered to the day the whole monstrous treason of Bolingbroke; but he had himself so far and so often, though never heartily or boldly, tampered with treason, that he dreaded Bolingbroke's retaliation. Bothmar, the Hanoverian envoy, saw clearly that Oxford was lost. He wrote home that there were numbers who would have assisted him to bring down his rival, but that he could not be assisted, because, according to the English maxim, he did not choose to assist himself. Swift endeavoured, but in vain, to reconcile his two jarring friends; and Oxford finally utterly lost himself by offending the great favourite, Lady Masham. He had been imprudent enough to oppose her wishes, and refuse her some matter of interest. He now was treated by her with such marked indignity, that Dr. Arbuthnot declared that he would no more have suffered what he had done than he would have sold himself to the galleys. Still, with his singular insensibility to insult, he used to dine at the same table with her frequently, and also in company with Bolingbroke, too.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 Bills��one 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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