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:During this period, St. John the Evangelist, Westminster, was built by Thomas Archer. The churches of Greenwich, of St. George's, Hanover Square, and St. Luke's, Middlesex, were designed by John James. To this time likewise belong St. Giles's-in-the-Fields; St. Olave's, Southwark, and Woburn Abbey, by Flitcroft; Chatsworth House and Thoresby, by Salmon; Montagu House, by the French architect, Pouget; All Saints' Church, and the Peckwater Quadrangle of Christ Church, Oxford, by Dean Aldrich; and the library of Christ Church, designed by Dr. George Clarke, M.P. for Oxford, in the reign of Anne. After these the Earl of Burlington, a worshipper of Palladio and Inigo Jones, became a very fashionable architect, and built the dormitory at Westminster School; Petersham House, and other noblemen's mansions. The fine colonnade in the courtyard of Burlington House is also his work. Burlington was essentially a copyist, as was his protg Kent, who built Holkham, in Norfolk, and the Horse Guards, but acquired as much reputation by his landscape gardening as he gained little by his architecture. Towards the end of this period several foreign artists were employed in England. We have already named Pouget; Giacomo Leoni was much employed; and Labelye, a Swiss, built Westminster Bridge, which was completed in 1747. Thomas Ripley, originally a carpenter, built the Admiralty.
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THREE:The king agreed to visit the Assembly in the morning; and he went, attended by his two brothers. He addressed them in a kind and conciliatory tone. He said, "You have been afraid of me; but, for my part, I put my trust in you." This avowal was received with applause, in one of those bursts of sentiment, so sudden and so soon over, which mark French history one moment with tearful emotions and the next with savage bloodshed. The deputies surrounded the monarch, and escorted him back to the palace with tears in their eyes. The queen, from a balcony, saw this enthusiastic procession. She stood with the little dauphin in her arms, and her daughter holding by her dress; and herself, greatly moved, was hailed for the moment also by the senators. For the time all seemed to be forgotten. The king consented to the recall of Necker. The Duke de Liancourt was appointed president of the Assembly, in the place of Bailly; and the nobles, who had hitherto absented themselves from the sittings, now attended and voted. Thus was the Assembly apparently amalgamated, and the revolution completed. A sudden fit of generosity seemed to seize the nobles in the Assemblywhich, in fact, was a fit of terrorfor they had come to the conclusion that no protection was to be expected from the Assembly against the fury and cupidity of the people. They saw that the Assembly was the slave of the people; that the army had fraternised with the people; and that they were at the mercy of the merciless populace. The Viscount de Noailles and the Duke d'Aiguillon declared that it would be wicked and absurd to employ force to quiet the people. They must destroy the cause of their sufferings, and all would be accomplished. The nobles hastened to renounce their privileges. They crowded round the table to enumerate what they surrendered. The Commons, having nothing of their own to give up, surrendered the privileges and charters of towns and provinces. Some offered up their pensions; and one deputy, having nothing else, surrendered his personal convenience, pledging himself to devote his energies to the public welfare. The whole Assembly was in a ferment and fever-heat paroxysm of renunciation, such as could only be witnessed in France. Lally Tollendal, unable to approach the tribunal, sent up a note to the President"Everything is to be apprehended, from the enthusiasm of the Assembly. Break up the sitting!" Lally moved that the king should be proclaimed the restorer of French liberty, which was carried by acclamation; that a Te Deum should be performed for this joyful event; and the Assembly broke up about midnight in a bewilderment of rapture and wonder at its own deed.
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