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 Mrs. Fitzherbert. In the December of that year Fox, believing that he contemplated marrying that lady, wrote him an able letter pointing out the serious dangers that would arise from such a step. The prince replied that the world would soon see that there never existed any grounds for the reports to which Fox referred, and ten days later, without Fox's knowledge, married Mrs. Fitzherbert privately. On 20 April 1787 a reference was made in a debate to the alleged marriage, and Fox took an early opportunity of denying the report in the strongest terms, adding that he did so ‘from direct authority.’ His truthfulness is beyond question. A few days later he found out the deceit that had been practised upon him, and for about a year avoided meeting the prince (Parl. Hist. xxvi. 1064, 1070; Memoirs of the Whig Party, ii. 120–42; Life of Mrs. Fitzherbert, i. 28 sq.; Life, ii. 177 sq.; Memorials, ii. 289 n.) In August Fox had some hope of being enabled, by his friends' help, to extricate himself from his money difficulties, and wrote to Fitzpatrick that Coutts was willing to lend him 6,000l. (Memorials, ii. 290). He was deeply impressed with the evils of the slave trade, and when Pitt brought forward a resolution on the subject in May 1788, declared that the trade should not be regulated but destroyed (Speeches, iii. 388). He often urged the abolition of the trade in later years.

In the summer Fox and Mrs. Armistead went abroad. Gibbon, with whom he spent two days at Lausanne in September, writes that ‘his powers were blended with the softness and simplicity of a child’ (Miscell. i. 252, 253, 282). It was rumoured in England at this time that he was about to marry Miss Pulteney, afterwards created Baroness Bath, who married Sir James Murray, and who was in Italy while Fox was there (Auckland Correspondence, ii. 212). Fox stayed in Italy longer than he intended, for Mrs. Armistead sprained her ankle (Life of Sir G. Elliot, i. 225). During his whole tour he never opened a newspaper except once to see how his bets had been decided at Newmarket, and as he had left no address had no news from England (ib. p. 236). In November a messenger from the Duke of Portland found him at Bologna. His party were anxious for his presence, for the king had become insane. After travelling incessantly night and day for nine days he arrived in London on the 24th, suffering in health from his hurried journey (ib. p. 240). It at once became evident that the prince, if constituted regent, would dismiss his father's ministers and ‘form a Foxite administration’. Whatever anger Fox may have felt at the deceit the prince had practised on him, he put it aside and entered into close relations with him, but found to his annoyance that during his absence Sheridan had become prime favourite (Auckland Correspondence, ii. 267, 279). Although the prince was distrusted and disliked, and the change of ministers would have been extremely unpopular, Fox, in spite of his whig theories, determined to assert his right to the regency as independent of the will of parliament, and when on 10 Dec. Pitt proposed a committee to search for precedents, on the principle that the appointment of a regent was within the right of parliament, he opposed the motion, declaring that ‘the Prince of Wales had as clear, as express a right to assume the reins of government’ as in the case of the king's ‘natural and perfect demise’ (Speeches, iii. 401). As Pitt listened to this speech he slapped his thigh and said to a friend: ‘I'll unwhig the gentleman for the rest of his life’ (Life of Sheridan, ii. 38). He made the most of the difference between them. Fox explained that he did not intend to annul the authority of parliament, but held that the royal authority belonged to the prince from the moment of the king's incapacity. Constitutionally, his contention was that as a limited hereditary monarchy had been established as the form of government best suited to the wants of the nation, it would be dangerous to disturb that settlement by vesting the executive in a regent elected by the two houses; and that as parliament had no legislative power apart from the sanction of the crown, it was not competent to elect a regent or impose restrictions on the exercise of the royal power (, History, v. 103–20), for the question really at issue was not a matter of abstract right, but concerned the imposition of restrictions. Whatever may be thought of his reasoning, there can be no doubt as to his indiscretion. The ministerial party rejoiced greatly over his errors (Courts and Cabinets, ii. 49–54). On the 15th he believed that he and his party would be in power ‘in about a fortnight’ (Memorials, ii. 299). But after much debating Pitt's resolutions were agreed to. During the latter part of the discussions Fox was seriously unwell, and was forced to be at Bath to recruit his health (Auckland Correspondence, ii. 261, 267). On 21 Jan. 1789 he made out a list of the intended administration, placing the Duke of Portland at the head, and taking for himself the foreign department and the chairmanship of the India board (Memorials, iv. 284), and on 17 Feb. wrote of the regency as about to commence at once, for the bill had been car