THREE:It would seem that the law officers of the Crown despaired of proceeding in the old way, but they, or the Ministers themselves, hit on a new and more daring one. On the 27th of March the Secretary of State addressed a circular letter to the lords-lieutenant of counties, informing them that the Law Officers were of opinion that a justice of the peace may issue warrants to apprehend persons charged with the publication of political libels, and compel them to give bail; and he required the lords-lieutenant to communicate this opinion to the ensuing Quarter Sessions, that all magistrates might act upon it. This was the most daring attack on the liberty of the subject which had been made in England since the days of the Stuarts. Lord Grey, on the 12th of May, made a most zealous and able speech in the House of Lords against this proceeding, denouncing the investment of justices of the peace with the power to decide beforehand questions which might puzzle the acutest juries, and to arrest and imprison for what might turn out to be no offence at all. He said:"If such be the power of the magistrate, and if this be the law, where, I ask, are all the boasted securities of our independence and freedom?" But it appears from the correspondence of Lord Sidmouth, that he was at this moment glorying in this expedient and triumphing in its imagined success. He said the charge of having put such power into the hands of magistrates, he would do his best and most constant endeavour to deserve; and that already the activity of the dealers in libellous matter was much diminished. He had, in truth, struck a deadly terror to the hearts of the stoutest patriots, who saw no prospect but ruin and incarceration if they dared to speak the truth. Cobbett then fled, and got over to America. In taking leave of his readers, in his Register of March 28th, he gave his reasons for escaping from the storm:"Lord Sidmouth was 'sorry to say' that I had not written anything that the Law Officers could prosecute with any chance of success. I do not remove," he continued, "for the purpose of writing libels, but for the purpose of being able to write what is not libellous. I do not retire from the combat with the Attorney-General, but from a combat with a dungeon, deprived of pen, ink, and paper. A combat with the Attorney-General is quite unequal enough; that, however, I would have encountered. I know too well what a trial by special jury is; yet that, or any sort of trial, I would stand to face. So that I could be sure of a trial of whatever sort, I would have run the risk; but against the absolute power of imprisonment, without even a hearing, for time unlimited, in any gaol in the kingdom, without the use of pen, ink, and paper, and without communication with any soul but the keepersagainst such a power it would have been worse than madness to attempt to strive."
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THREE:Amid these angry feelings Admiral Byng was brought to trial. The court-martial was held at Plymouth. It commenced in December, 1756, and lasted the greater part of the month of January of the following year. After a long and[125] patient examination, the Court came to the decision that Byng had not done his utmost to defeat the French fleet or relieve the castle of St. Philip. The Court, however, sent to the Admiralty in London to know whether they were at liberty to mitigate the twelfth Article of War, which had been established by an Act of Parliament of the twenty-second year of the present reign, making neglect of duty as much deserving death as treason or cowardice. They were answered in the negative, and therefore they passed sentence on Byng to be shot on board such of his Majesty's ships of war and at such time as the Lords of the Admiralty should decide.In the department of novel writing, no age had yet produced such a constellation as Fielding, Richardson, Sterne, and Smollett. Their works[147] are still read with admiration by all who have a relish for vivid and masterly delineations of life; their only drawback being, that they are all more or less stained with the grossness and licentiousness of the age. From these faults Samuel Richardson (b. 1689; d. 1761) is most free, and in his "Sir Charles Grandison" he hasshown himself ahead of his age in the wisdom and liberality of his ideas. He discountenanced duelling, and taught the soundest principles of honour and morality. The photographic minuteness of his style prevents the general reading of his works in the present day of abundant new literature. The principal novels of Henry Fielding (b. 1707; d. 1754), "Joseph Andrews," "Tom Jones," and "Amelia," abound in wit, vigour, and knowledge of human nature. He wrote also some plays, and edited several periodicals. His sister, Sarah, also wrote "David Simple," a novel, and translated Xenophon's "Memoirs of Socrates." Tobias Smollett (b. 1721; d. 1771) paints life in strong, bold, but somewhat coarse lines, full of vigour, but with even more grossness than Fielding uses. "Peregrine Pickle," "Count Fathom," "Roderick Random," "Humphrey Clinker," and "Sir Launcelot Greaves," if not now generally read, have been carefully studied and made use of by some of our modern novelists. Smollett, besides, wrote plays, satires, poems, and edited "The Briton," a weekly newspaper. Laurence Sterne (b. 1713; d. 1768) struck out a style of writing peculiar to himself, and which still defies all successful imitation. Notwithstanding attempts to represent his pathos as grimace, and his humour as tinsel, the felicity of touch in "Tristram Shandy," and the flashes of wit and feeling in his "Sentimental Journey," will, in spite of detractors, and of the occasional indecency of the author, always send readers to Sterne.
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