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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.
THREE:"NO POPERY" RIOTERS ASSAULTING LORD MANSFIELD. (See p. 266.)The system of Buonaparte, by which he endeavoured to prevent the knowledge of these events in Spain and Portugal from spreading through France, was one of unscrupulous lying. He took all sorts of false means to depress the spirits of the insurgents by mere inventions, which he had inserted in the Spanish and Portuguese Gazettes under his influence. At one time it was that George III. was dead, and that George IV. was intending to make peace with Napoleon. But whatever effect he might produce by such stories for a time in the Peninsula, the truth continued to grow and spread over France. It became known that Junot and his army were driven from Lisbon; that Dupont was defeated and had surrendered in the south of Spain; then that King Joseph had fled from Madrid; and that all the coasts of the Peninsula were in possession of the British, who were received by the Spaniards and Portuguese as friends and allies. Compelled to speak out at length, on the 4th of September a statement appeared in the Moniteur mentioning some of these events, but mentioning only to distort them. It could not be concealed that Britain was active in these countries, but it was declared that the Emperor would take ample vengeance on them. In order to silence the murmurs at the folly as well as the injustice of seizing on Spain, which was already producing its retributive fruits, he procured from his slavish Senate a declaration that the war with Spain was politic, just, and necessary. Buonaparte then determined to put forth all his strength and drive the British from the Peninsula; but there were causes of anxiety pressing on him in the North. Austria and Russia wore an ominous aspect, and a spirit of resistance showed itself more and more in the press of Germany, and these things painfully divided his attention. His burden was fast becoming more than he could bear.
THREE: