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FORE: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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FORE:

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FORE:"He will come, I dare say. And so will the others, now that you are able to see them. Brewster inquired."

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FORE:

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FORE:Continuing southwards, Mackintosh joined the English insurgents at Kelso on the 22nd. This united force now amounted altogether to about two thousand men��one thousand four hundred foot commanded by Mackintosh, and six hundred horse under Lord Kenmure and Mr. Forster. This force might, in the paucity of troops in the service of the king, have produced a great effect had they marched unitedly southward and engaged General Carpenter, who was advancing from Newcastle, with only about nine hundred cavalry, to attack them; or had they gone at once north, taken Argyll in the rear, and then combined with Mar. But after marching to Jedburgh and then to Hawick, the Scots and English formed two different opinions. The Scots would not enter England, being persuaded by the Earl of Wintoun that, if they went into England, they would be all cut to pieces, or be sold for slaves. Mackintosh was willing to enter England, but they would listen to no one but Wintoun. Several hundred Highlanders deserted, and the remainder of the army, under the inefficient command of Forster, marched into England and reached Preston without molestation.Whilst affairs with Holland were in this position, Count Florida Blanca, the Spanish Minister, had adopted the system of seizing all neutral vessels, of whatever nation, that were found carrying British goods, and conveying them into Spanish ports as lawful prizes. This, as he calculated, raised the resentment of all the neutral Powers��Russia, Sweden, Denmark, Prussia, Holland, and the trading States of Italy��who denounced these outrages on their flag. But Florida Blanca replied, that so long as England was suffered to pursue this system, Spain must continue to make reprisals; that it was, however, in the power of the neutral nations to combine and defend their flags, by compelling England to desist. The result was as he had hoped. Catherine of Russia, who had hitherto considered herself an ally of England��who had, at one time, contemplated furnishing soldiers to assist in reducing the American rebels, and who protested against the monstrosity of France encouraging the colonies of England to throw off their allegiance��was suddenly induced to change her tone. On the 26th of February she issued her famous proclamation, "that free ships should make free goods." This meant that all neutral nations should continue to carry all kinds of articles to Powers at war with one another, without search or question, except such goods as were expressly specified in treaties. Sweden, Denmark, Prussia, France, and Spain, all readily entered into this league, which assumed the name of the "Armed Neutrality," the object of which, though ostensibly to control all belligerent Powers, was really to suppress the naval power of England. Holland eulogised this league, but did not yet venture to join it; but prohibited the exportation of stores to our garrison in Gibraltar, whilst her ships were busy carrying supplies to the Spanish besiegers. Sir Joseph Yorke, therefore, on the 21st of March, 1780, informed the States that, unless the stipulated help was furnished within three weeks, England would suspend, pro tempore, the regulations in favour of the Dutch commerce. The States still refused to furnish the succours, and at the specified time the privileges in question were suspended, though Count Welderen still continued in London, and Sir Joseph Yorke at the Hague. It was evident that Holland could not[273] long continue in this position, and Frederick of Prussia was soliciting Catherine of Russia to enter into an engagement to protect the Dutch commerce in every quarter of the globe. If Frederick could have prevailed, he would have stirred up a universal crusade against England; but Catherine was not rash enough for this quixotism.

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ipsumorem

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