ONE: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:"Sounds rather like a family magazine novel hero, doesn't it?" Landor said, with a hint of a sneer, then repented, and added that Cairness had been with him as guide, and was really a fine fellow. He turned his eyes slowly, without moving, and looked at Felipa. She was sitting near them in a patch of sun-sifted shade behind the madeira vines, sewing on a pinafore for the little girl who was just then, with her brother, crossing the parade to the post school, as school call sounded. He knew well enough that she must have heard, her ears were so preternaturally sharp. But the only sign she gave was that her lips had set a little. So he waited in considerable uneasiness for what might happen. He understood her no more than he had that first day he had met her riding with the troops from Kansas, when her indifferent manner had chilled him, and it was perhaps because he insisted upon working his reasoning from the basis that her character was complicated, whereas it was absolutely simple. He met constantly with her with much the same sort of mental sensation that one has physically, where one takes a step in the dark, expecting a fall in the ground, and comes down upon a level. The jar always bewildered him. He was never sure what she would do next, though she had never yet, save once, done anything flagrantly unwise. He dreaded, however, the moment when she might chance to meet Cairness face to face.
THREE:Jeff, bent down in the pilots seat, lifted his head, shaking it.[89]
THREE:
