Proceedings in an action for debt, between the Right Honourable Charles James Fox, plaintiff, and John Horne Tooke, Esq. defendant / published by the defendant.
- Tooke, John Horne, 1736-1812.
- Date:
- 1792
Licence: Public Domain Mark
Credit: Proceedings in an action for debt, between the Right Honourable Charles James Fox, plaintiff, and John Horne Tooke, Esq. defendant / published by the defendant. Source: Wellcome Collection.
Provider: This material has been provided by The Royal College of Surgeons of England. The original may be consulted at The Royal College of Surgeons of England.
11/42 (page 11)
![[ ». ] the petitioner alone; this Innovation, this novel adt of par- liament is introduced. Suppofe then tliat this frivolous Adt had preceded Lord 'Hood’s petition; that he, as I have done, had contefted with two adverfaries, and had been found frivolous and vexatious: ;his own expence of fourteen thoufand pounds would not have Teen thought fuflicient punilhment for him, or fufficient Iditcouragement for others; but he muft have been adjudged :to pay the whole cofts for the three, which would have a- inounted at leart^o forty-two thoufand. pounds: and this only dor a fortieth part of his petition. If lie had gone through :the whole of his petition, and it had been voted frivolous •or vexatious, the coifs for him to pay would have amounted ■to above a Million and a half of money. A tolerable pe- nalty this, without the intervention of a Jury; and upon a 'man too not neceffarily fuppofed to poftefs more than a life- .eifate of 300I. a year, that is, a principal of about 3000I. And for what crime is this monilrous puniihment inflict- ed ? For being a candidate to reprefent the people. Upon 'whom think you this iform was intended to fall? Upon any •.ndependent friend of his country ; who muff confequently oe of no faction, but agaiulf all factions, and muff therefore iave all factions againft him. They bring me here indeed only for 200I. to each of my udverfaries: I would have been a candidate in order to have .oome down here to this trial, though I had foreknown that :t would be for two millions. Irivolous and Vexatious are new crimes invented in the .■ear 1789: the judgment and application of which crimes, he ufurpers of the reprefentation of the people, the private proprietors of ftolen boroughs, have referved to themfelves : or this adt of parliament does not leave you, the Jury, to nter into the merits of the cafe—(upon which howeveryou re upon your oaths, to pronounce)—nor into any thing hat relates to its merits. And for this moll infamous adt of parliament, we are o~ liged to the pretended Reformer of the reprefentation in parliament, to the prefent moft treacherous and deceitful Tinifter. Gentlemen of the Jury, The learned gentleman, Mr. Erfkine, who leads this aufe again 11 me, has told you, and has told you truly, aat this act of parliament “ does not intitle him to enter ato the merits of the queition at iffue before you.” Thefe think were his words ; I took them down, when he fpoke aem. Aow I muft beg you to retain thefe words in your](https://iiif.wellcomecollection.org/image/b22434884_0013.jp2/full/800%2C/0/default.jpg)
