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TWO:When the intense agitation had in some degree subsided, Fox rose and proposed the mode in which the trial should be conducted, which was that the evidence on both sides should be gone through on each separate charge, and that charge immediately decided, whilst all the facts were fresh in the minds of the lords, who were the judges. But this was opposed by the counsel of Hastings, who knew well the advantage of leaving the decision till the vivid impression of the events was worn off. They succeeded in carrying their object, and when the trial terminated eight years afterwards, the result was quite according to their hopes. The Managers complained loudly, but there was no remedy. Fox, therefore, proceeded to open the Benares case, which occupied[343] five hours. Grey took it up, and completed it the next day. Several succeeding days were employed in reading papers and hearing witnesses, and then Anstruther summed up and commented on the charge.

TWO:Bolingbroke was now Prime Minister, and he hastened to arrange his Cabinet entirely on Jacobite principles. So far as he was concerned, the country was to be handed over to the Pretender and popery on the queen's death. He would not run the risk of a new antagonist in the shape of a Lord Treasurer, but put the Treasury in commission, with Sir William Wyndham at its head. The Privy Seal was given to Atterbury; Bromley was continued as the other Secretary of State; and the Earl of Mar, the rankest of Jacobites, was made Secretary of State for Scotland. Ormonde, long engaged in the Pretender's plot, was made Commander-in-Chief��a most significant appointment; Buckingham was made Lord President, and Harcourt Lord Chancellor. As for the inferior posts, he found great difficulty in filling them up. "The sterility of good men," wrote Erasmus Lewis to Swift, "is incredible." Good men, according to the unprincipled Bolingbroke's notions, were not to be found in a hurry. There were plenty of candidates ready, but it may give an impressive notion of the state of that party, that there was scarcely a man beyond those already appointed whom Bolingbroke could trust. The Cabinet never was completed. What his own notions of moral or political honesty were, may be imagined from the fact that he did not hesitate to attempt a coalition with the Whigs. He gave a dinner-party at his house in Golden Square to Stanhope, Walpole, Craggs, General Cadogan, and other leaders; but though Walpole, when Minister himself, boasted that every man had his price, Bolingbroke had not yet discovered Walpole's price nor that of his colleagues. They to a man demanded, as a sine qua non, that the Pretender should be compelled to remove to Rome, or to some place much farther off than Lorraine, and Bolingbroke assured them that the queen would never consent to such a banishment of her brother. Nothing but the lowest opinion of men's principles could have led Bolingbroke to expect any other result from these Whig leaders. Perhaps he only meant to sound their real views; perhaps only to divert public attention from his real designs, which the very names of his coadjutors in the Ministry must have made patent enough to all men of any penetration. The very same day that he thus gave this Whig dinner he assured Gualtier that his sentiments towards "the king" were just the same as ever, provided his Majesty took such measures as would suit the people of England. Time only was wanting for this traitor-Minister to betray the country to its old despotisms and troubles; but such time was not in the plans of Providence. The end of Anne was approaching faster than was visible to human eyes; but the shrewd and selfish Marlborough had a pretty strong instinct of it, and was drawing nearer and nearer to the scene of action, ready to secure himself whichever way[22] the balance inclined. He was at Ostend, prepared to pass over at an hour's notice, and to the last moment keeping up his correspondence with the two Courts of Hanover and Bar-le-duc. Both despised and suspected him, but feared him at the same time. Such was still his influence, especially with the army, that whichever party he adopted was considered pretty sure to succeed. That it was likely to succeed was equally certain before Marlborough did adopt it. Lockhart of Carnwath, one of the most active and sagacious Jacobites, and likely to be in the secrets of the Jacobite party, says that the Pretender, to test the sincerity of Marlborough, asked the loan of one hundred thousand pounds from him, as a proof of his fidelity. He did not abide the test, but soon afterwards offered twenty thousand pounds to the Electoral Prince, to enable him to come over to England. The moment that Marlborough was prepared, with his deep-rooted love of money, to do that, it might be certainly pronounced that he was confident of the success of the Hanoverians.Wilkes entered the Tower in all the elation of spirits which the occasion of acting the political hero inspired. He was soon visited by the Dukes of Bolton and Grafton, and Lord Temple, who, as well as his own friends, his solicitor, and counsel, were refused admittance. His house was entered, and his papers were seized and examined by Wood, the Under-Secretary of State, and Carteret Webb, the Solicitor to the Treasury. On the 3rd of May Wilkes was conveyed to the Court of Common Pleas, before Sir Charles Pratt, where his case was stated by Mr. Serjeant Glynn, and then Wilkes himself made a speech of an hour long. On the 6th of May he was brought up to hear the joint opinion of the judges, which was that, though general warrants might not be strictly illegal, the arrest of Wilkes could not be maintained, on account of his privilege as a member of Parliament; that nothing short of treason felony, and an actual breach of the peace, could interfere with that privilege, and that a libel could not be termed a breach of the peace. The judgment of the Bench, therefore, was that Mr. Wilkes be discharged from his imprisonment.