Star. — London, England, 1821-07-06 00:00:00

•• • • ._~ • . I. pines, privilevor tenures, were under a condition.. sip teihr lbenrfreesirt such ceremony. The King sin "tifat a+ih&t*nrbr.tring no part, it was, like the others, the Queen's coronation as of ancienvright.— There oas another col ious document, bearing_ date about the period of which he was now speaking, pre scribing the duties of persons required to attend the coronation, either the particular one of Isabella to which he referred, or the general formula of corona tion ceremonies, he knew not which. It was in the Cotton Collection, and contained the instructions to the Keeper of the Wardrobe to take care and get ready the Queen's robes " for her coronation." The next King's reign to which he should call the atten tion of their Lordships was that of Henry IV. Henry was crowned in 1377, afterwards in 1399, and his Queen in 14.03, soon after her marriage. Henry V. came to the throne in 1413; he was crowned in the same year, and eight years after, namely, in 1421,- be came over from France to attend the coronation of his Queen, Catherine, who was in that year crowne I alo -.e. The Close Roll- at the Tower con tained the summonses for the performance of ser vices up.at that o:casion. Henry VI. was, upon his accession. an infant only a few months old. lie was not crowne.! till 1429 ; he was a second time crowned in 1431, and again in 1145; on May the.3oth, when he was married to Nlargarate, who was herself crowned with the usual romp and ceremony. He should now, in ftirther support of the uniformity of the practice of the coronation of Queens, refer to the law of Scotland about the period of history at which he was passing. The Scottish documents upon the subject were by no means so perfect upon matters of ceremony as other records of antiquity elsewhere, but they contained enough to establish the fact, that no King of Scotland who was married at the time of his coronation was ever crowned without his Consort; or, where the marriage took place afterwards, was there an instance in which a Scottish Queen was not , crowned a; soon as possible after she became Quee n . He stated this proposition upon the broadest possible ground, and he had also to adduce a remarkable circumstance to their Lordships, which was, that in, the Scottish Statute Law was a record having refer- 1 ence to the cm ()nation rights of Queens-consort of Scot.' land. He held in his hand a little book, yet small as it was it contained a digest of the statute law of ,Scot -land for a period of 200 years. It was a compilation made five years after the return of James I. and con tained words not only binding upon him, but also his successors at all times. Now he claimed the pri vilege of using this digest of the Scottish statute law, as a precedent since the Union of the two king doms, upon the authority of an Act of one of the Houses of Parliament in England ; for the House of Commons, by its Committee in the year 1788, upon the first Regency question, did direct a search for precedents to be made in the Szottish records, and they did report upon their (the Scottish) authority, as well as upon the English precedents —they held them alike illustrative. The Learned Counsel then referred to the Act 1428 in the Scottish Statutes, c. 109, passed in the Bth Parliament of James I. and read the following t‘ Airh (oath) to be ma le to the Queene, be the Cl.rrgie an I the Baronnes " Quo die Dominus Rex, ex deliberatione et column oath* concilii, statuit, quad omnes et singuli successores prelatoruza regni, quorumcunque, necnon omnes singuli hasredes fururi atitum, baronum, omniumque libere-tenentium Domini Regis: . teneantur fame consimile juramentum Dominic nevus Regina. Nec ultus przlatus de cetero admittatur ad suam temporalitatem, ant hares cujusvis tenentis Dominis Regis ad Ma tenendrias, nisi prius przstet Regina Mud jummentum." He contended that, from this authority of the Scot tish statutes, his case respecting the rights of a Queen consort, so far as the coronation ceremony was con cerned, was rendered irresistibly strong. Coming from the precedents of the Scottish law to the period of English history at which he had broken off; he' had to call their Lordships attention to the time of Edward IV. That King was crowned in the year 1161, but he was then unmarried, and his Queen, Elizabeth of Woodville, was crowned in 1465, im mediately after her marriage. There remained in the Cottonian Manuscripts a document entitled Ordo Co-' ronationis Edwardi Qaarti ; and in that there was a me morandum. Pro coronatione Regina. cunt sole" coro- R2itr. There was also in this document a memoran dum respecting the forms to be observed in the coro nation of a King when crowned alone. Richard 111. aid Anne were crowned together in 1483. Henry VII. upon whom, more than once, observation would arise, obtained his title in three ways—by marriage, by con quest, and by descent ; but notwithstanding this, he always considered his deicent his principal title, or, to use the words of Lord Bacon, " lie traced his descent as his main, and his marriage and conquest as supporters." This language was held by not only the adherents of the House of Lancaster, but by the . faction of the House of York. He meant faction in the legal sense, and applied that term to a party out of power. Henry VII. was crowned immediately after the battle of Bosworth, and before the meeting of Parliament, but he immediately called a Parlia ment, which held the same language, and in the first Session passed an Act limiting the Crown to Henry VII. and the heirs of his body generally, and de claring that be had a full and perfect right to the Crown. In this Act there was no mention of Eliza - Beth, who WAS still a Princess, and it was matter of doubt whether she would be a Queen, because it was the policy of Henry not to fulfil the oath which he had made to marry her, if he should be successful. That Monarch had determined not to marry Eliza beth, but he at last consented on the 14th January, 1486, he being crowned in October,l4Bs. Elizabeth was always treated as Queen-consort, and consider ing that Henry was more jealous of her title, that he was more disposed to reign without her, and that he was anxious to have his title recognised by Parlia ment before his marriage, which, if he could have avoided, he would have never performed, it was not wonderful that he should abstain from doing any thing which would savour of a doubt of the legality of his title. These reasons were sufficient for him (Mr. Brougham) to shew that strong reasons delayed this ceremony. Elizabeth was always treated as Queen-consort, and if other Queens-consort were so xi cited, such reasons for delaying the solemnity might be justifiable. To skew the di.position of the people at that time, Lord Bacon stated, " that the marriage of Henry was a greater cause of triumph to the people than bis entry 'and coronation—the demon suations of which the King rather noted than liked." Ile should now beg leave to statt, that Margaret of York, the aunt of Elizabeth, was at that time married to the Duke of Burgundy, and that she on that occa sion said, " that she could not see without trouble that Henry VII. did not let her niece be crowned, an honour which no Queen of England since the Con sitsest had been debar ed of, and she was astonished that the birth of a son did not induce him to do her that justice." He knew not that he could on a ques tion of heraldry, or on a matter connected with the Royal Family, have a better authority than such a personage as Margaret, one who had mixed in the politics of those times, the remaining branch of a family, passing her less active moments in meditating upon the rights of the family with which she was connected to the Crown, and upon everything which savoured of 'Royalty, but more particularly those rights which had been exercised in former times; he did not think, upon a question offact.(he did not .ay right), that he could have a better witness. Margaret then decidedly pronounced that it was an honour not denied to any Queen since the Conquest, and consi dering that up to her time there had been no Queens Regnant, she must have meant Qneens•consort.— Elizabeth was at last crowned on the 25th November, 1487 ; and, to use the words of Lord Bacon, " it was All old christening, that staid a long time for god father," This Coronation was announced by a Pro. clamation similar to that which had announced his own two years and a month before, and the order of it, as would be seen in the Close Roll, and in Rymer, was similar to that obserted at all other Coronation. of Queens-consort. If their Lordships would pause here, it would be found that since the Conquest nine teen Kings had been crowned, that eighteen of them had been married, either before or after the Corona tion, and that the Queens of these eighteen had been crowned. He did not know whether Margaret 11. wife. of Edward I. had been crowned with him ; but out of these Coronations, fifteen had been for Kings alone, and fourteen (fifteen reckoning Margaret) for Queens—for the purpose of conferring something upon Queens, whatever might be the benefit to them or to the country he would not say. He assumed that Margaret had been crowned, and therefore that as many Queens as Kings had, within that period, been crowned. With respect to Henry VIII. it was well known that he was crowned with Catharine of Airagon ; and upon her divorce, that he was crowned with Anne Boleyn t—thus far was Henry no exceps tion to the rule which he first laid down, that the `King being married at the time of Coronation, there never was an instance of the Queen not being crowned with him ; and under the peculiar circumstances of that reign, he did not think the fact that he had four wives,, without being crowned at all, made against 'his general proposition., After the death of Anne Boleyn, Henry married Jane Seymour ; but he was I then placed in such a situation, that it could be hardly said to be possible to celebrate the Coronation. Henry was in this situation : he had quarrelled with the Pope—he had quarrelled with the Emperor; and when he looked at home, he could have no reliance on the Church. With the Reformed Party he was no better, because he did on one day an act most odious to them, in beheading their patroness, Anne Boleyn, and on the morrow espousing her for the love of whom he had done them this injury.— If Lady Jane had lived longer, Henry might have overcome everything ; but she died the day after de livery, and he married Anne of Cleves, whose'case did not make any exception, because on the first day of her marriage he began to procure a divorce, to which she at last agreed. With respect to Catherine Howard, she was immediately after her marriage discovered to be incontinent, and such was the state of Ecclesiastical affairs from the time of her death to that of Henry VIII. that he (Mr. Brougham) should not at all wonder, if Catherine Parr had not (a fact which no person had a right to assume) been crowned. Neither the reigns of Edward, Mary, or Elizabeth, afforded him matter for any observations upon this subject, and he should, therefore, come to , the reign of James I. who with his Queen had 'been crowned. Charles I. ascended the Throne on the 23d March, 1625, and in some time after, a Proclamation was issued in the usual terms of Proclamations for the Coronation of a King; and the Proclamation ran thus, " for ourselves and our dearly beloved consort." This Proclamation was issued on the 17th of January, 1626, and it stated that the Coronation would take place on the 2d of February following. On the 30th of January, a Proclamation was issued for creating Knights of the Bath, but in this the words 6 , our dearly beloved consort" were omitted, and indeed it was not surprising that in a Proclamation for creating Knights of the Bath, in which the Queen could take no part, that these words should be omitted. Her name might, on such an occasion, be dropped, and the dropping of it would be no proof that it was intended that she should take no part in the-solem nity. In the manuscripts in the Harleian Collection, the ceremonial for the Queen was laid down in the past sense, from which it would appear that she had been crowned. He fairly admitted, for argument sake, that she had not been crowned ; but he thought the explanation which he should give would be suffi cient satisfactorily to account for the omission. The marriage of Charles I. with a Popish Princess had given great umbrage to the people of England ; and a provision had been made in the treaty of marriage for quieting that alarm, namely—that none of his Majesty's subjects being Pal ists, could be capable of serving him ; but no sooner had Henrietta Maria come to this country, than the disquiet and alarms got vent so much, that it had been thought necessary in the first speech from the Throne, to allude to some rpalicious men who had been giving out that he (Charles) was not attached to the religion in which he was bred ; and to state, that he having been brought up underGamaleo (meaning his fatherlimes 1) should support the Protestant religion. Upon this Parliament held a conference, the result of which was, a Petition to :he King, praying for the execution of the laws against Popery, and for the advancement of the Established Religion ; and in the fifth Section of that Declaration or Petition, it was mentioned that the Queen was a Catholic, and had Catholics in her service. Their Lordships would see from this the height to which the question of Protestant and Catholic went, l and they would perceive that the Parliament went every length but remonstrating. On the next day the Duke of Buckingham stated in the House that the King took in good part the Petition of Parlia anent ; but that his Majesty would have taken the same meisures if the Parliament had never peti tioned ; and that his father, in recoil:me:44 the per son of his wife, had not recommended her religion. The result of this Petition was, that Proclamations were immediately issued against Popish recusants. which did not, however, seem urallay the ferment. On the 11th of August, the House of Commons re solved itself into a Committee of Grievances, and the Catholic Religion was the principal grievance complained of, and on the next day the House was dissolved. The practical question then arose, shall a Papist be crowned or not? It Wai the first inten tion of the King that her Majesty shouli be crowned; bat perhaps an objection might come front another quarter, from her Majesty, who might not wish to revive the animosities of August, and who perhaps might have some scruples with respect to the cere• utony. How could a good Catholic consent to go to an heretical Altar to be consecrated by an hereti cal Archbishop and in an heretical country? He did not mean to say that these things were heretical, but he did say that they must have been looked upon to be so by Henrietta Maria, who, in order to get out a this might object to the ceremonial. He did not see, above all, how a Catholic Princess could re ceive the Sacrament at that solemnity. Exclusive of the reasons he had just advanced, there was another which made in favour of his argument, namely, that of the dates. He did not deny that great clamour then prevailed, and that representations were made by the Councillors of the King forcing the right away. But it was altogether improbable, that be tween the 17th and Stth of January, anything should have occurred to alter the intention which existed of crowning the Queen. There was nothing likely to alter this evident intention at all events by way of compulsion. The Parliament was not sitting—popu lar meetings were not likely to be held, and the pub. tic opinion could hardly have been better known on the 24th than on the 17th January, when this inten tion was already so generally known. If, however, it was the fact, that the Queen for certain objects, was forced and compelled to be absent from the Co ronatimr, such force and compulsion in place of weakening, materially strengthened his argument. If the Queen acted under this, it accounted safely for him, she made the objection, which was so far a waiver of her right; but the doing so could apply to any future Queen-consort, who ought not and could not be affected by her act. The next case he came to, formed no exception to the general custom which he established, because the Queen of Charles the Second was a Papist—himself a Protestant, added to which he was unmarried at the time of his coronation. And if this looked like an exception, it the more con firmed the general ground he ha d taken. As the period of exclusion was approaching, as the recollec tions of the grand rebellion were still quite fresh—as the religion and principles of Henrietta Maria were not forgotten, and as discussions must have arisen on the subject, he line of conduct then pursued was easy to be accounted for. In the 12th of Charles IL a debate arose in the House of Commons as to the .propriety of his marrying a Protestant, and perhaps it so rose because of his known desire to marry a Princess of Portugal. Queen Catherine then took an objection, and refused to be married by a Protestant Prelate, in consequence of religious scruples. This was even made one of the articles of impeachment against Lord Clarendon ; nay, the Princess herself ran the risk of returning home and not being mar ried at all, so scrupulous was she of .being married by a Protestant; and, in fact, he did not know - if she ever were married by a Protestant. Henrietta Maria also refused being crowned, unless the cere mony were performed by a Catholic Priest. Here, then, there was evidence that Queen Catherine re fused to be married by a Protestant, and Henrietta Maria to be crowned by a Protestant. James IL and his Queen (being married at his accession) were crowned together. The ceremony of the Sacrament was then omitted, fur what reason he could not tell. But this difference existed in their case, as compared with those he before mentioned, namely, that they were both of the same faith. James went openly to mass, and he and his wife made no objection to the ceremony being performed by a Protestant, and took the words used exactly in the same sense. So far, there fore, there was no difficulty with regard to this case. He now came to the time of the Revolution, since which period all Queens-consort were invariably crowned, and on which he was not called on to make any observations. With respect, however, to the Queen of George I. she never came to this country— she never was called Queen nor known as Queen ; and was further said to have beer. divorced by a fo reign Ecclesiastical Court before her husband was crowned : it was, therefore, doubly impossible that she should be crowned ; it was legally impossible if she were divorced, it was physically impossible if she never came here. With regard then to the institution of any proceedings, he humbly took it that the set tled law could not be altered by them. On this point he should merely allude to a case which was argued in the House of Lords, where a person was said to be found guilty, but never had sentence passed. On that occasion, one of the Learned Judges said—o If a man be found guilty, and has no sentence passed on him, he must be looked upon as being as inno cent as if- no charge were made against him." He should be ashamed to occupy the time of their Lord ships in enforcing this very proper principle, for no thing was clearer than this, that the laws knew no dif ference between complete guilt or complete innocence., Here the Learned Counsel referred to the Liber Regalis in the possession of the Dean of Westminster, for entries of the Coronations, and on expressing his wish for its production, the Court was ordered to be cleared. In less than a quarter of au hour the book was offered for his inspection. The Dean of West minster was then asked by one of the Council, if there were any books containing any similar entry? to which he replied, there was no other except the great Mass Book, which contained the ceremony used on those occasions. The Missal was then sent for, and Coun sel called in. Mr. BROUGHAM expressed a wish that the Court should adjourn for an hoer, in order to afford him time to look into those books; adding, that he could not conclude his case in the course of this day, having as yet to address their Lordships on the legal as well as general considerations of this important subject. The Earl of LIVERPOOL saw no objection to grant ing the request. The LORD CHAWCELLOR wished the proceedings to be continued, and asked the Learned Counsel if he ,could not proceed to some other part of his cab; and again recur to any arguments vNch he might w A to found on the Likr Regalis and the Mass Book? Mr. BROUGHAM certainly wishei for eivlay until I to-morrow. If, however, their Lordships wished it, he could now proceed; but obrervcd that his gener argument still remained untouched, and he , :ert , tir I f thought considerable importance would be at!ached to it. lie meant, that he felt it would be impo r ; 4l to ititte a general argument. The LORD CIIANCELLOR.- 4 g Then, will your Lo r d. ships sit from ten to four to-morrow, and ;ul t .. wards till sit?" , ._......_ ..... __ Mr. BROUGHAM.—" Our arguments, my Lord s . will certainly finish before four o'clock, to.morro t ... Lord LAUDERDALE did not approve:of any d e l ar Lord LIVERPOOL.—" We do not as yet know, w . 35 are to be heard." • • The LORD CHANCELLOR.—" The rule is, that t ire Counsel should be heard." Mr. BROUGHAM.—" Two Counsel, my Lords, we shall certainly expect no more." After some further desultory obt.ervations ha w " the Right Hon. Members of the Court, it wa s 3 ,d. jourued at two o'clock, until to-morrow, at ten. PARLIAMENTARY PROCEEDINGt. HOUSE OF LORDS. JULY 5. The House sat for some time in a Committee ..IPrivOes ea ty , the Claims of the Earl of Lisburne and the Marqui- of gal, to Vote for the Election of Irish RoPreseatane• when those claims were declared to have been The Order for the attendance of the Judges to.martav, at noon, in the case of the " King v. Woulfe," was discharpd Monday. Mr. Mason, from the Directors of the East India C ompan y presented Accounts of the Salaries, P.nsions, and Quintile granted by that Company.—Laid nu the table. The Irish Silk Bounties Bill, the Hop Exportation D. backs Bill, the Isle of Man Trade IIIU, and di, Irish Collect ki of Customs Bill, were read a third time and passed. The Assessed Taxes Composition 11.11, the Audit of Amens Bill, and the Husbandry Horses D..ty llepeol Bill, went s„. spectively through Committees and were reported. Lord CA LTHOILIIE presented a Petition from the isin. bitants of Hull, in favour of the Bill for p: eventing Cluck! horses.—Laid on the table. DUKE OF DUIDICILLAND. A conversation arose on fixing the Mehl or the committisg of the Duke of Clarence's Provision Dill, in the course of which, The Earl of LAUDERDALE odd that he thought the other House of Parliament had done itself honour by tragging, as only £iooo a-year to the Duke of Clarence, hut eat *masts the last three years. It 'hewed that the Commons acted 00 I settled principle, and held to the-opinion witb which they set out, that it was proper to add six thousand poundl a-year a the younger branches of the Royal Family. But his rrircip t i object in rising was to remind the house of the situation Wm Member of the Royal Family, his Royal highness the Duke c.c. Cumberland, whom he considered to have been most unfairly treated. lie disapproved of those decisions which were tumid either on favour or prejudice. lle contended that when their Lordships, after the judgment parsed and the examination takes before that House last year, had granted .£.50,C00 a-year to the Queen, they niust have acted on the principle that it wasuices. sary to support the dignity or exalted rank. How much mote disposed ought they nut to be, to do justice to an illustrious indl vidual, against whom nothing prevailed hut the manes el most slanderous insinuations? lie knew that nothing wood give that Royal Personage more pleasure than to find those is. sinuatinns reduced into tangible charges on which he coulid. twin the justice of a trial. The manner in which that Boyd Duke and his Duchess had lived whilst in this eouutry, oqit have excited admiratioM Ile trusted that his Majesty's Co verameut would agree with him in principle, and would takes early opportunity of recommending a similar grant to the Mr of Cumberland as to his Royal Brothers. If *hey did rot* commend such a grant, he should propose an Address to hair jests on the subject, and should at least feel conscious cloth had done his duty. .The Earl of LIMERICK participated in the seutimeoill the Noble Earl, and' pledged himself to support his .iddroli whenever he should think fit to move it.—The ki.d was theme• dered to be committed to.morrow.--Adjourned. THE EVENING STAR. LONDON. FRIDAY, JULY 6, 1921. PRICES OF STOCKS Tills DAY AT ONE O'CLOCK: 3 per Cent. Reduced 765 77 76 3 /4 3 per Cent. Cons. 76 1 / 4 755 ex. div. 4 per Cent. 95 94 5 / B —Navy 108 3 / 4 1 h ex. div. Long Anns. 19 1 / 4 —lndia Stock 233% 232 1 / 4 India Bonds 565. pre.-3 per Cent. 1761 751 Exchequer Bills. 4s. ss. 3s. pre. Consols for Account .78 774/s %. This day acrd to-morrow the Bank pay the Dividends to the Merckarats and Bankers, and ou Monday to the Public. The Paris Papers of Tuesday, which arrived this forenoon, contain accounts received by express from Madrid to the. 24th June. On the 21st the Cortes nominated the Members of the Permanent Depute. tion, whose functions commenced on the Ist of this month, and will continue until The new Session, which will be opened on the Ist of March next year. The Knees had come to no determination with segard te the convocation of the Extraordinary Cortes ; and be probably hopes, by delay, to be able to evade tun ' question. The famous ESIPECINADO has been recalled from his command. Moats° was not yet taken ;he is sail to have thrown himself into the mountains betas Oviedo, Burgos, and Leon. The Guerilla Chief, .SALDIVA, acts upon the axe system in the mountains of Andalusia, as Mews a Castile, and with equal success, by harassing de numerous troops sent against him. All accents to come in contact with him have hitherto been {witless. The Advocate Luzvataua has been executed s Vittoria, for counter-revolutionary practices. Twe other persons, involved in the same charge, were& petted to share his fate. General LONGA has bee ° conducted from Bilboa to Burgos, in order to betna for similar practices. The privateers of ARTICIAS commit great &Ans• tion on the coasts. Two of these rovers, now maul off Cape St. Mary and Cape St. Vincent, have more! made numerous prizes. A corvette and Wig oi have sailed from Cadiz w protect commerce in that quarter. The official documents have been published felt' tive to the resignation, at Lima, of Don JoAcing PEZUELA, Viceroy of Peru, who thereby cedes th* Goverrimcnt of that kingdom to General 81171)