The British Press; or, Morning Literary Advertiser.
London, England, 1820-08-19 00:00:00

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morder, buried the body ?—[Fiore the Learned
woo interrupted by the entrance of she
Vsern. Sir Thomas Tyrohitt wlwrrd her Ma-
j-bty to the choir jnat wilhoio the bar, mud con-
i!oord bowing until the Peer., who but rorro to
p.ay their sespects to her, were all seised upon.
4+4104-.4001. 44.2_0etkim_ •Iti
intr, by the wile p[ the Queen.]—Mr. Desonaei re-
sassed. H Writ ebewii.g that the Bill, to have rr.

it would bY dilleult to evcertein.
wee not eolleiestly sifted. TM
sewlice eviwitted ber of every improver
“ pro. Lisle he 4 at Ibis lime lest 6111Nrialkallow-
*Ilira u° &lb( eves to her inked • minds ••*41•16 berms
tuns he judging of • person's lerielei•sr be &Who
hod .4.1 gibe happittess to litre to she temeieie_eis4l tes_ nee

' assilinued lo reside with the Kiser's, If eiresonstaares oftsle:
isateetmly sort had presented themselves to for rye. l.:nolt
90... "Ods 1114 to she tattiest -4 .1440, of ffit.Jlters
messapeacaeo charaiter, and sae. if they were 'objected to
. mime. severe lora of wird, whether ther4 weight sisal
hi li
affieill ienteuces id piety and harmless playfultieseierldilb
7alte
Moro be naustuterprend inns levity."
.3J ire toeing site evidence of this *norm, preheats'
sls um.' respectable ever examined to a Court of
Justice, it had been deemed necestary to consider
4ltot oialy what was the getirral temper of mind, hut
to observe also the stair of squints in which peculiar
eircunistances of is 'ly sae bad left the wit.
mess, who credit could be given to opinions ex-
posed by, nobody knew whom, coming through
ohannels wholly unknoveu. and alluditig to facts
which no our was able vet to exploit' ? The writer
of that document which he had just hero guiding
Wet have been accustomed to classical reflexiorti
NMI aseociatoma, otherwise there was a throngs
opincidenee of thought and expression hetween that
Jitter I" the very powerful and beautiful desert!).
.4ipia which Hume hail given of the conduct of
Alone Boleyn. flu words were— ,
1 o Anne, Memel+ she appears to hare been entirely Mon-
; oat. and ma virtuous in her conduct, hada Cecilia gaiety,
if not levity of character, which threw her off her (wards
and mask her less circumspect than her situation required.
Her education in France made leer the more prone to those
freedoms, and it was with difficulty she cunfoimed herself
to that strict ceremonial !practised in the Court of kagtand."
He would not stay to make any application of this
passage to the case before the House, he would
rather leave it to their Lordships to do that for
hint ; bur, on the subject of finniliarity, he would
say. that Royal promos perhaps differed bone all
others in their conduct as to this porticieler. They
Lad no molt which they could low by an obligiog
condescension, seed perhaps felt more gratification
than any other persevere in stooping to ass inferior
intercourse. He had heard indeed of a certain
Illtoltesous Ineividual who hod. at one time 'of
his Ills frequently relaxed in the enjoyment of
omit intimacy. He Wed been toll that the II- •
!ovarian' Individual in question, considered it the
greatest honour of lin life to have an ode addressed
to him. io *loch there appeared these remarkable
terms of praise.—[}lyre the Learned Counsel le-
cited some Latin verso, which consisted of ful-
some compliments out 'the taste of the ;personage
addressed, to his amour* and choice of society.]
Its hail braid of sot anecdote concerning the Same
illustrious Person. which was related by the late
Lord Guilford. ' The Illustrious Presto' in the
franctioos rod warm feeling of a generous and af-
fable spirit, had so fee leog,itten his dignity and
funk, as to form what might by some persons
be conodere.l ts a degradi,.ty familiarity," with
a wailer at a coffee house 111 town. This wallet
had the impudence to ioldrem a note to his ,
Illustiietts Foetid. coineneocing thus : Cocos 1
Tree, St. James'oesoreet : Sam Spring presents Itio-.1
complimeitts to his Royal Highness." kr. Upoit
which air ex phi ini nen took piece, and the Illustrtalll
Party berme stiesitonned ' ' hell the presurstitte I
waiter 111 lIIC most good-humoured war. "3 ing'."'
" 1.1111 nuts 110 very well between pot and me, Sam,
hot, for Goresake, take care how you use such !en-
gorge before Notfolk and Areindell,"—(LaptgAter.)
He would o,o* piss on to the conoleratton of
whether the preamble fairly stated the motives
which indueed the introduction of the Bill. He
Isegged lease to remind their Lordships that this
Bill. as they well knew, might have contained the
same statemesits in the preamble, and yet the pro-
visions might have been entirely different. After
the words. " That it may be hereby enacted" (their
Lordship a would allow him to use the technic-el
language of nmendinent.), these words ought to
leave followed, might have followed : " That her
Moitsty the Q-e•eii shall be rerognizeil os such,
and shall emanate to enjoy and exereise the rights
and prerogatives of her station—and shall .be
anmapiced as Queen of Eugland to foreign Course
—turd shall have a suitable establishment to up-
hold the splendour of her ran'„—a ;;rant of' 50,0001.
a year—a rcoul coach tuld yacht to convey her
ont of the Lingilinu, and a frigate to convey
her into the Mediterranean : tool moreover, she
is. entreated, in coointnei watt vlur Majesty. to
*crept toe hot:dile thanks of bola Houses of Par.
diontent for the facility afforded by your Majesties to
an otnieohl orraegessient. so earnestly hoped for In-
the ParOanseitt mid the cooper, and SO essential)
to the welfare rif the iwiiii.."—l Laughter.j—This '
was the effect of the retbrcrie ad obturdrna (1 mode
apt ,argument which was irresistible) upon the (till •
helots their Lordship*. If the conclueion turned
oat to be feise, and yet Fairly drawn from the pre-
'nitro, the premises toast be Ifolse likewise. 'there.
fore, if. oo it Rag well know., the Queen had
been Oithiit it hanesshreviduit of bring alatticlini-
od-oe wegiekrds and inoteill of it diguitwo aka
-rewards stubasitiotedi the premises could mot hi,
true whirl', ovoid belie them out to roi mists-stenosavid ate.urd a conclusion. titsallti/doWt
11e• wage to the House of Commons:oo4. tit .
her Majesty liming ti.,x.iyed in IN! etlpittry ri's:
tiered the proceedirg iireesiiitt. • Ins then .Vt
was her arrival, and not the ilaililif :Intl Apt:* or
tire Crown, that was the niortng cause. Prnee.rd-
Mg a fettle ftirther into that part of the acre, it
world-be foend Out the most hoziourable end Bat.
testate terms were offered, and which wire only te-
4ised hee.uae the acceptance nodes the citron,.
*awes would kite perm t-rd• an inference of guilt
i to be drawn ; for this, threefere; her Majesty was
to Le degnxit-t1 and divorcee,• lie did not law the
iatrodurthon of topic, of levity on so solettin sit oc-
exesiso. or he would declare that the Predinhle
lettiriugly reminded . Into of is celebrated' theiittititi
resersoventa.ion, where each our But* into the gelieL
eat sleek their little fie,—their pArtiele of &lite:
floss ; to e 'Helmets,' cf;stivietimis itirifertert onhie.;
r Mature • anotLer. orders- of doei-..t-ialcon conferred; a
soma IFIY, mks ..1 orntrePer lionivaro lea t south eo Mei.
.1r4,11411 r e tot4stopcing short 'at the word " iidiii.•
eery." erMalldl.l6 Its. inutinteariuriert; sad That intent')
voquivy rem. thus !nude to appear duty litdetnn
''seer. and, whether Akt/ealea had received• fovours
from los itusteese, or' whytper it teas .4 this 'see.:
volts pia we Ike* tittle tkoe'torlitdil; ' Ili; WiSrld wet
left to •gtteso. Wks i. tte' *soft iertaksitly cotrefitained
. .
. _ .

• -

it beers an il

. -
ant, definite charge, and the evidence. eh ,ild
.
hate, been Asserted tilt the trial, When it cinifil
haye been glein to the defesice.
'fhereftire he 'ecitnitlit*rf frost 1 ithtioproceedings
lotd *case sr ppate exiiinnatioit. die
edicts of Winelt were snWiteit iii prejudice the
cape of ine pirti tO. undergo Iris%
When, ir; emiiibtrity, the chiiiii'vitire the'pti-
sehits of eisyrefisfitiiott, Could tl . glet'hisdani. brit
witie tie.
c411;t1 oft Ilitir Lortl4tips' to read over those
101.11010 lailiCktiliatd.rcierited, ins! My if there was
rsoe sieirje fact elio;;Lia which ahryted that the
Queen, had been tioiiseiiilftif of tp:isitition, or hurl
•ullioti the htinorir of her Royal etaisitri. There
was nu one tingle fait Stated which i•cinveyed shy
.tsch Charge. There was an aceinialatiou of
tact., from which • most mirk Mod unchari-
tahle was drawn to that effect. lie
wistlrtt to mak how such a charge Was to be re-
• ? What was meant to be conveyed by these
isidetientet-rins? In other respects there were c.a..
rostiontices stated, sod inferences, which contained
se most• unjust accusation; but there was no one defi-
nite last of guilt laid. Nereid's-1-w, the. secusatiou
wait. at once let in upon the defendant. She was
• to iinswer—what, the knew nut—by whom
she war to be accused, she knew not—and then, as
if to toren a climax to this heaping up of °pyres-
%ions and injtdiee, alt if the fruitier of the 13tH had
tried to work himself up to the Ditch of resolution
toresiory to eitabli; him to name the charge—which
vets then he dare not urge—which he seemed to
I.litink from in the very instant that be approached
it—upon which he appeared to betray doubts us to
the
,(probably the thought at that tnourent
t lute a:!:" Mai hi. mind. that the trinimonytitight have
artittag it Nit Of perjured needy wretches, gat hir-
ed by the influence of that money which had been.
perhaps, profusely lavished in the countries through
which pervecution lead followed her Majesty's steps
—perhafii he recollected that
.some of .the basest
tablile . of the roost .debased societies or Europe
might hnve,.bern &twisting in the acemoulation of
fleas evidence)--at lest the wtiter work' himself up
to a suAeirot degree of courage 10 (Mika a charge
• •' adulterous tideecoorse.7' lie had never before
known thief it mot. spees.ury to qualify the charge
of Miriltirybe rut accumulation of indistinct eti-
(fetter... /I.e *did not know whether the words-
" licentious and diiigisceful" strengthened or-sveali-
-eutd tips ideacriptiou of this allegeil intimacy; but
au. li...was--the wnt r having apparently worker!
himself up this ladder of description, at last got
resoliitiou enough to tithe one oteo farther, and,
ouGtritating lea li.uitai. afiglittil oa shit charge of
• iiiiiiltrrous intercourse' with u certain Molnar's'
abroad, end so on. There was no charge against
her Nlajesiy as 1./semi--every syllable referred to
her-tooduct during the time when she was PrinceSS
• f 11:al.s. But now caner the itmitotaiit conclu-
siori-...the bran movement of the whole proc.eilino-
1. 'rberefore he it coursed, by the King's Mint Eseelltilt
Olajedy,lre and with the aflale. and consent of the Idnits
used Temporal, and COllOllOlOllO ibis present Piling.
tarot araviabirrl, mad by she asiliority of the same, that her
said *ries!, Caroline Amelia Illivatitib, irons and after the
"snug or this Amt. shalt he and is ,hereby &priers, of the
title Queen, sad of all the prerogatives, rights, privileges.
acpd txroppliaus, apKrtaiwiaa Su her as Quires, Consort of
that realm; and that her said Al-ijeaty shall, from slid after
thee:tom.' of this get, for ever be ilrabled and rendered
iu-
r.aphst.le of 50411(, exerrisiug yid iinjoyiog the same, or any
of ; inoreoyee, that the oviirriage between los
hisaisty anti the said Caroline Anselia Elizabeth be, and the
paint herie.y. Irons henceforth fur ever wholly dissolved,
8.,jlie,11111„ and, 111:01y vOOl lo all sinews, cuovtrurtious, and
p, Tomtit a hataatat. r:' • .
. Theis oho depriving her Niiikstt of her rialds and
inianunitim, followed a remarkable clause—out
shot seemed as if pill iii on a hisisty arateasual recur-
- retire ot.the ilortmit to the memory Of ,the
11. e oreignint iremactipt, which 1:01$1110r11 tame of the
author's mind then the .whole body of the Ictter,.let
eliftin.lllgl lila sir et istaly xi re I et, ties!. do nit turret/
en posseet,.—einicti* the clitorce sou entirely
tree. her Rosil:Cpusortfieue the.. fleets of thg fret
ot.'.on;
.atiel ".permitting I,itiO In ersn'tmet a Dew inir
trittittitial'alli..sitee;" tic. fie. The eitiatanre or thf
iiectio.anots; if it. had any.. ha took to !se. that of
• *lll stab. coat anti degrading roihs Coati ty„'"
0 ter tido by time Oaten w h
ios soihet. pewits.- Aod
lie re 'he wOuld, Frier their I.ordship? to as, hue,* piece
of 'Engliali wydtog,i, mid a beitutif,ut
of Eniatshi resifting, sr ever was given by the jwiu of
Met. Itir alluded
.irs the kettrft.f .her Majesty
Q•leen, addresser( lah's lave ;Neje'', on the them.
tigaeiou nljlB6o. lie the minis time, he wished
their r:ordohius Is retorsiti)et that • in .reasoning
over the chaigers of the (}ill *bout improper carpi-
/11441y and fret Elmo: lie sspeal.ing of lasts
ilfegerls but inerrljr of ?Omens, ot 00000 sms.
ref as 'they were tp rel1,1"111-
164 tl4,ai the dilitiiiinperkis 'w: re first of all ci!lleii:ted
143;nteiret then Rig tdtre
tirttiv of ?turf, them tel'erre. ) to the Sr.
erei, IC.44ifee of their Irokilsblr :flour, laud
Celt lin' itio4 egcee appeared
th of tic.4.titt;trttittazittta 4.. he lOnittif her
31ujelsIt. (tut whit ix
',* the c,r,inAe ? • Whyte. was
it tom/rimed ? (Pr defied any maim tp -sae "that
thirge it riot the ihre.queen was calle.4 to 'defend
nenielf from. 119.detie0 aisy ,111*0 10 110.01% pl.y
.object .of ~
inquiry iu ninth there
,wev
enure vattatmeri 'of tottv ihnitf;.l . or irookrio
mtiniseri rod iwerpretot •
poit upon look; and rsehaetgur. were gO.lrita
noes its .tar Ireful&
,nadir ti•te:y. orteexa.
mined, ,s dAip.ret
there were, persops, who mole, toa!,..inicitie..l-1-
the investigatture of. Inng: 4 : to emelt!.
r.g of the coininct sal lire then Ifp,al .glineye off
feint es of %Nay., mint esitryi4l!y t};,ber nehiorioN
Itt.ethatioall4ll/q„ eaid. lief lirr I loyal. .110‘,Iinesti
behaved to 1.00.1 as ally 1101141111 wugld lie 111,1/P
liked Horting."—.4l yhr NUOII,I 00(
.1003 c that "he
attached to him; but it was a flir cendaci,"—
• l)Pen which raw by tar ihr strongest cltat,ge, in
the 4srhit e *of the inoctedinO, it rai ob.snrd us the
• mlteatimprr to Whieh he Lail retiree:7n. 'it wog
hi 'lc Liao lint Mean eXactly fey.ll)ptiot, "414
•

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• '♦ 4-11

►.

. . 1.
{ Her evideace of w 14, the welt of i.drfii.itef rid of Astir, nnil bat* esitttrTe inquiry, *he Inntreieiiwit • eoteljitte
Priiietnie• esti. the isitrocinettet d •iieli A. lir tr•lf!•*4,4 .0•• .104,0UPE. rod been a.katletrefOod.. fa' tlie es&
from...a; - cummitirr. aiii . thapwipir 1 sig oat IC 1110611. IP . effettiesetensanner OM fogorlroc hiltallovio.l.•••
-ow", the passing of the Doll, which welter Rook! huff . owl if et Ate cull or wiiiithei , impart • tinci been
- heels held set if that. were • judicial impflry. 164 1 soulneed to leave the coil, try * awl Nan the espy •
.- In'
. _*. . .
_. , -
_
impeachmeilt. the articles of char . ..

'go would

_

pon th-or
Ity ; btu herr,

Turd been blown t.► ■~otM by ridicule •ed pericettnelit
valtilit, if it failed to ironvio. et least black,,, mid
de•typy yaws squirriowi under NTI

he astiofied of the proof of gods, pet would Ise con-
KIIIIRtorstroilnr.:B111 so. t die ground of these
poot,Mroomallstonepolle introduction of wlyoh onto
the preamble wus what he conceived ussjuarined
led eitjarstiliable. fle was sore that every Noble
tow to that Hinsse who heard hors lend the hied
soy knewlealge of the law, would regime isslislirict
woof or the fact of aduiierv. Some Noble Lords
might soy. that if the facia wrut ii• It Jury, Use
Jury would be directed to reiterate guilt therefrom.
but that would be 'sited'? rdoriernis, stud no *newer
whatever, either in
.ferling. morality. or good sonar.
If it were a charge at a criminal bar, the Judge
would require pro of of the fie. ; but here how were
they, the Counsel. to e.iter moo sawn. Lordships'
minds to know their notion of lainiliarisies proper
er improper, of deconints, or of demeanour? For
Le could well ersisceive, that in long trap difficult
and datigerriu. jonrisies in hireigsi countries, cir-
annstaniers and app. attain-es might ari-e, which iii
the tranquil doirscs.k circle never did; and that,
too, with am- fault or breach of decorum. How
then, he would again repe.t, was it possible to
know what it was wind, *mold said." Notate Lords,
to convict ots the grounds of 4)(1ft:woos behaviour
and improperfamilveriti? Some Noble Lords might
convict on one grOuttd, and winer an another. a.id,
were it possible to be ascertaier.d, no two of them
would be found to vote on the saute grolnds.
Some might to be tem,pted tii pass it on the ground
61 expediency ; for whet' the passions were !water!,
When the most illuairinus persons in the realm were
opposed to each other. such motives operated with
the greatest force. They knew t'at she press had
dared in this century to say, that if their Lordships
d4d convict the Queeu as a crsininal, public Conve-
nience required their Lordships should make she s 4
idtice. He did not h-l.eve that such motive• would
weigh on their Lorikliips' mind, but he was aorry
that their Lordships had not cositined themselves
to their proper jurisdiction ; and nontithstottiling
all the special pleading neon the point of juris-
diction. he had heard nothing to convince,him that
their Lordships did not possess it. He was ?idly
sati.fied of their Lordships` competency to try Wn
charge of impeachment for immoral acts of Lida'''.
Remus tendency; bid Bins of earns and Penalties
were, in truth, no trial ot ill He begged leave to
diaciunn..in the.mnst solemn manner, any inipnta-
inns ; and lie averred, that if at any time it might
happen that anieter motives hod appeared to govern
a drcisiOn, Be would far rather atabmit in silence
than throes any doubt on the purity if the general
administration of justice. But when he saw the
Legialut ore proceeding Jo • ins-Iced divorce, and
*hen imputations would :wise for such proceedings,
he confessed he thmeglifit would be difficult, for the
warmest admirer of their Coparitienots to worlicate
'their Lordships entirely. On Bills of Pains and
Penalties be would not long d-taisi their Lordships,
rifler what-they hail heard on that subject from his
Learned Friend he could have but little to say;
but when reflecting on those virtuous protests to
which he had alluded. he (Mr. Denman) could
Olmost say that the bosom of the Peerage was too
deady bought in finding sit ancestor's acme in
those majorities. Was that Howse then to share
with the people at large their high judicial func-
tions; fur, after passing thnt Bill, they must send
it down to the other House, where it would be de-
bated on every point, where the witnesses were not
to he examined on oath, and where, as was recently
observed by a distinguished Member, no inquiry
had ever been gone into that they hail not dm-
graced themselves? I.trould that House then share
their judicial powers with every toot' corporate in
the kingdom ? (for every one of these towns
could mains( t their Members.) But if the
House of Control-its It bo ly nut on osth. 'ought
not to share that power, much less another
party, one who c infant examine. at' all. The bang
alibi)t party.. lis Otis peculiar case his Majesty is
a party ; but hail lie complained I—mid would
their Lordahips s,e at d-fi Bice the first principles
of the cation law. by thus proceeding without any
Complaint of she luesbsnd ? But if his Majesiy
hail comptaiiied, if lie had initiated thaw pro-
ceraliogs, with what face could that be railed the
con''nt of a t'iid which had already hero
pronounced mid f whom all kid originat-
ed ? That circumstance threw such a doubt on the
principle of the Bill kr. in his 00111 ..... deserved
to have their Lordships' moot serious consideration..
In the prreetice of his Royal Client, who slid not
hour the beginning ofThis address, he would re-
peat. that its now endeavouring to avert this Bill.
she was departing from no principle that she had hi-
therto profesied. Her Majesty's wish was for a lair
trial ; but she had not wislnd to have as accusation
laid on the table of their Lordships in a green bag;
srie bud not wished to extend the number of her
jitdges to these who could not examine upon oath;
owl, finally, her Majesty did not assn the last ten-
truce should be pronounced by him who had called
her to her present crud situation. There not only was
no incomi.tency in her Majesty's endeavouring to
avert! this Bid, but it was her duty to that country
of which she was the first sugect, and of which she
Might probably 1w the future Sovereigu. Wart a tun-
nil example to the end of time, and to prevent princi-
ples befog carried into execution destructive of the
t..undition society. This. then. was a Bill of
IJsvoree, and the object would have bees. fully
'ttained by the last four liiteri.aliine; the role object
was to release has Majesty trout the obligation which
bound hinetrt his wife. In the increasing laxity of
Modern limes, one security for the marnagr tic hail
been still preserved; it wars that no liusbeis&should
complam of Ins wife. *horse own cossduct warn not
tree front itain. If a piin is g inexperienced wife,
into this country enthkrospecta
.4r
lova in *bich the whole 44,th:stink! Oil twilling of
daliverstage. folut4 thil She woo ,tin signer
.inatried
than slier w a iiiatroomfril with anitresses find 00911
after wiiksin;e4-"siltlie iii Obilsts ariiitte‘gl of
brinkclosr itirtioviivdjuristed: as a
fig foi* Mint Setiara 1 orrif.
eft 'hi*" Witifo,iirs' bee steps
eiatibet' oiiihgoirpfinS f; after a !all

the circeenerlitefaitifiel. their Lerdsltipte,were ter he
ettultedio joy iitliverse, would They not titter thief
the husbend,joid sbanelmord lux els.vge..nod brit
beep neglectful of his dieters; well be f‘fr. Den=
man) would stsk th-ir Lorelelitp• if they would hear
such a case ? wotild they not rather semi the Ffirgt
liiiinatet riven their bar, with whit sort: of trollop
he n'oeild net stay to inquire? Millie port of hot
Illustrious Client lie claimed tits use.of every recri-
tnitietion. To lake away the emisideration of that
f their I,nrdships was to hike *way their juris-
diction ut divorce. and giy,a it to the idiessisted
huattand, and if such heistoiliorl was Het to he told of
Ills own conduct.. be toil' advantage of his own
wrong to forward the nimbuses for which that wrong
was c mined. •He considered recrimination was
the right which a cousort ought to pmetwea, and lie
did not see bona it could be contravened melees it
were to he said that the rulers of morality were for
the female mid not for the male—for the poor and
Intentele, and not for the rail and penverful ; and
• ilwy were prepared to say that in the highest
rank, where the brat example el Id he ettpected,
the worst should be filmed. and where the greatest
cruelty had been exercised. the greettest coreectness
should be required from the SUIT-. ring party. Bills
• Paius and I'en iltiisa It id betel justified ou the
ground of state necessity. but that at ought
not to rewind their gross injustice. Its the case of
Knight sod fortm,, the ll,suse of Commons bad
passed the Bill against than almost by acclamation,
and on vending it up to their Lerdships• House, it
was only thrown nut by the casting vote of the
' Duke 011 Leeds. The parties were afterwards pro-
secuted. and were acquitted on the merits of the
wee; and thine their Lordships were within a
single vote of committing Ito gleringun injustice. But
the great Clot. of the Earl of Stretford was fully
illustrative of that laxity of conscience induced by
views of elate expediency, that very House 1,1
Lord. who heel in their judicial capacity refused to
find him guilty. did, in their legislative capacity.
peas the Bill of Attainder which declared his guilt.
That was a proof that views of eipediency would
be considered in the decision of such question.,
setting aside the best guarantee for justice, he
meant their Lordships' honour. The Earl was of-
terwerdt executed, end the toms ite which it was
recorded in history, held out a lesson of ceution fur
the future. When he had been t,,ld of the eller,
of Plunkett. Kelly, and. the Bishop or Rochester,
be molly had tio idea that *itch infamous injustice
had been rommitted till he looked at their Lord-
ships' Jaurnals. In the owe of Atterhury. the
charge was founded on the depioeilions of • penile)
who was dead, and whet, the Bishop offered to
prove by evidence the falsehood of that depose ion. he
was not allowed lotto so; so dee Crown were permitted
to prove by the evidence of a dead mon that which
might have beets contradicted by living witnesses.
to views or state expediency the goteraints was not
guilt or innocence, but whether thr peroon *hoods!,
as dangerous, be got rid of altogether; and Bills
or Prises and Penalties were the worst mode of in-
quiry into that expediency. Suppo•iseg that state
necessity did justify such Bill., the question was,
did that necessity exist in the present care ? If the
Bill were passed, might it not reasonably be ex-
peeled that the orate would be endangered by it ?
He did not mean to allude to what was piping out
of doors ; lie knew their Lordships would do their
duty without regard to such coloideratioas :
Fiat jassitia rest certain."
Butihe danger lie colluded In was a danger which
threaterned.the English Nlonarchy, by exposing it to
that greateof er,IN-1 disputed succession.
Supposing qat Bill ponied. and hie Majesty were to
marry again, and a child were horn of that mar-
rine, would not every religious mind scan the veli-
diev of that second marriage, mud entertain doubts
whether that child should succeed ? As a lawyer.
lie slid not mood there to deny the power of ate Act
of Parieement, bUt *he( he referred to wpa the .pi-
',tit or public feeling and opiniosh, which heel cone
trolled Acts of Parlioroent. Henry IV. was reeog-
seised be a valid Act. After the deposition of
Henry VI. Itie title was recognised by Act of Par-
lolinene, mot he believed in the same year that of
Edward IV. was also recognised. Ie nine years
after Henry was recalled. and his title was declared
" undoubted." Proceeding to the reign of
Henry VI I I. : his marriage with Katherine ws.dia-
solved by Act of Parliament, and the issue, Mary,
was declared illegitimate ; and within two years
the Parliamtut, changing their view of the politic
good as the King changed his mind, declared the
issue of the subsequent marriage with Anne Boleyn
elm illegal, and the children of June Seymour legi-
timate. Their Lordships would recollect that the
marriage with Jane Seymour was ufterwsrda digs.
aml that dissolution ratified by Parliament,
The King, it was to be observed. did not proceed
to divorce one wife till lie hall provided himself
with member ; stay. in Katherine's case, he was
actually mooned before the sentence of divorce was
pronounced against her. After the divorce of Cathee
one Howard. the expressions used by an historian,
slot suspected of being too severe on Royal failings,
were remarkable. Hume remarked, that Henry
found he multi not satiate his vengeance so well as
by the instrumentality of Parliament. Were
(cnienteued the Learned Counsel) was a sneers.
loon of Acts of Parliament, each conflicting with
the other ; and he nerd not remind their Lord.
riMel, that both the children who hied by the
Acts been declared iilegitimnte, did afserwards
succeed to the throne. What he meant to infer
from the recital which he lout made w:,., that
where vivre was a ruling opinion, either in the
mind of the public or the King, Acts of Purli•-
silent had Hot been of force to stifle the succession.
Bat supposing there was sin dual): of the totems-
moo. he would refer to the Resolutions of the (louse
of Commons to 18189, and declare, that if scandalous,
vicious. and itninorel conduct finfeittd the right to
tho.Crewee, die child oldie marriage (winch lie had
(.);eu supte•siog) would also be concluded by it.
The oilier Royal Dukes also might he said to have
cerkiected themselves " with indeccut and unbee

"7,7,1w!J

'7"-'rr7r

•

•

1C0111111,7 tree4lOrni." This lin Tint a prliiiipir a." ~
Wavle case, but if that haw ova enforced itiv.l.ll.l i. .
Majesty. it alight eds., awailiat every Pletir, of il,
blond who oat iii that 11int.... If tlw,orgii.nr.it A• ,
KOMI micaturt aQ. en Contort, wile sliiitilA it ....;
! alto hr applied to a Quern Regoays, ? To • 1,,
1,: taw trqiuu liamilitatectr wul heir ia tit. i t

and probstrilite., for he flwittlocee was poiletswly
the sine number of litres which wore between
WoijeVrsTFiin !Tort f Fail,. • Ff-'7117-1r
Bill Armlet 1514. the HoitaWiastafil involve-4 in
the need fetal. incnvionities. :It *mill be a path,
arleertieinic for aeswfid, ant/ a 41,4in:titian wont.,
capinienee to see who could itteiroe weed (Nooses
the largest motto but . 1 bi fiat) hoisirti there saiiisott
have been * disposition in the highest power. an
a 910 D to that copiers. sop" winch two tlie
appetite for storawhol. sand which iltsJ lowle Awn t•
crying ehattits of this. country. IF 1'...
could usicrown the Quern, anothei trilOWsiorim.
the swine authority sagisiwo the Heir A otia;e•tr.
Pressunsiosve, snot be would -He • Is 4. ),
their duty Si do so, for painciplee stiaost I ire of gr.
tipplicetion, suol that was a pis I' 0.•
wood Oftereer. and flitany thee It was the ***** $
go say that the Quern wituld have the salsa. pesai.t..
is eteryother subject ; bOt that proceedingicnoitl
Mt wirrct the mums of the subjects. it was seam..
bee Majesty strew, hut she was not a., that ne4.44..*
the Ir.• entitled in the prate...non of reeve henew-ebte
and gollent mind. But that, thotHs trne tw to the
enbject. at large. was not true us to the Prvite-e or the
Blood ; they were. from their ress!sed station.. floor.
itasieet to site operation of celod and intrielie;
sod he shoisld not.he surprised to find that the re.
ot. she 6,h of Jose might wt smile ant.
usedintely to work. to scrape together matter !,
urge against some one. who should have the imps,.
dosser in put his font on Dover howls, and not
accept a compensation of 50.0001. a we sr for
▪ ahrend. If it mold be soppeseil rhst by
some crooked path en enemy to the Censtitution
had crept to the ear of the King, intending to
overthrow the lobric, coulia he lisve advised the
.doper's of a course better ealculAted to eff,•ct
that object than the presesit ? Their Lordships
!youlil recollect that at the era of the
Kevolutton libels against the Queen acctlerstof
all those machinations winch error directed size ,or
the monarchy of France. Those libellers n• r.
everted to stills off all the decent 'friaries of life. wl
iihich the heart owns and the judgment relief as
stecessriy to clothe one nakedaud shivering intone;
but with that'll a Queen was but a woman,
women was but an animal, and that too not of
the highest nature. He begged to recap to their
Lordship.' recollection the description of a to ot
eloqueiat writer (Mr. &take). ant entreated their
liarrilehips would not furnish a subject for a
limiter Wastrel of eloquence, by attending to th.•
Phari-aical and sauctiononions pretences on which
tlx 11.11 before them was founded. The lb..
stootable anal Learned Grillroom then expatiated
with great force and eloquence on the inconvenire.
sirs slid hardships to winch the mode of proceedint
by Bill of Pants and Penalties exposed her Majesty.
it deprived her Majesty of most of site adranratesso
soul protections which the laws of the land and the
rules of ordituare justice extended to the meanest
subject. In common cotes of offence. no indatidual
was compelled to answer to • charts sill it had hero
previously submitted to a Grant Jury, and pro-
nounced to be such as required an strayer. lis the
most heinous accusation within the eimpass
of the law of England, that of high treason,
every man was acquainted before hand whit
the witnesses were to he produced against him
on his trial, a knowledge absolutely neeessery
to enable him to cross-eitamilie them, or to 'hew
that their evidence (if such happened to be the fact)
Wei unworthy of credit. The law of the cmotry.
jo short, treated all common persons subjected to
accusations with all possible lenity and indulgence,
bat in the natire and chsrarter of the proceeding
against the (bees, her Majesty found, instead of
favour, nothing but occasion of complaint and
remonstrance. In her Majesty's name, there- •
re. he protested against the Bill, siiil agaitiot
all Bills of Pains and Penalties in cases where
impeachment would be. He protested
their Lordships assuming functions to whlet they
were not constitutionally conipe•ent, and to a trial
io conducted, her Majesty would not
aghast,. It had been painful to hint to make alio,
lions to eircumetiances, all affecting vor high and
hollow-al:le and illustrious individuals; but his
duty to his illustrious client obliged leis' to forego
all other considerations in its faithful discharc.
for himself, he could not conclude without cl:•el ire
jog, that whatever might be the result of the
whatever might be done its consequence of it, tie
should never give op those sentiments of aticctiori-
ate respect sod dutiful attachment which lie oared
to her Majesty's superior mind, amiable and vir-
tuous feelings, and digni6ed character; and never
should hr be induced to transfer his loyalty to any
other who might usurp her situation. that situation
which the laws of God and Man pronounced be-
longed to her alone.
The Hou. and Learned Gentleman then retired
from the bar, and a few minutes they
The Attorney-General advanced thereto, and
proceeded to eddies, the House iii support of the
Bill. Ills Hon. and Learned Friends having ad-
dressed themselves to their Lordships. in conk.•
quem.e of the licesse atorded them, with all the
odviintiage which it was possible fur them to have
obtained in the existing stage of the proceedings,
by statements of facts which. thought on the pre-
✓ail occasion he must contradict, he was preciuded
from examining and disproving—by assumptious
gratuitously suede—by calumnies (without soy
dnoespeet to his Hon. and Learned Friend.)—by
calumines unsupported at present by any thing but
their own assertions, he found himself in this most
alai:tilt situation, that he had come prepared, es
he had betas and wait prepared, to support the only
quest' which he understood was to be then dis-
closer(' before their Lordships, namely, the princi-
ple of the Bill ; that while they bed spoken to the
whole circumstances of the proceeding, and the
facia of the case, reasoned and commented on
the usture and character of the evidence, and
'showed to excite their Lordships' feelings,
and to interest their passions cm Writ(' of their
client, he felt himself at preseat incoinpetent to
advert to any of those matters, aid thus must suf.
fertite:r oat/welded assumptions end assertiens to
go to their Lordships and the world, ittexamined

sod etirefstett lit liad titidersteed that thesiitgle
qaesoinn to which their Lordships' attention was to
he directed by Ciattsel, and the ointments of
- ihelitter to apply was this, whether assuming. that
the preamble of the Bill sheeld he Peered to their
Loobitipti. ' satisfaction, the Bill of Pains and Pe-
„hie, should then be pissed? lie therefore im-
plored their Lordships to brutish from their minds
env imprewisintis which might have been produced
bv the Anneals of his Rom and Learned Friend.,
sind puticolorlv he that powerful and eloqnent one
owe had just h-ard. For with al the respect which
he intermitted for their leurning and talent. lw was
cornovl64l to say that nitte.tenths of whist had been
said he them wits %hone foreign to, and ought not,
cen!,l not. remold not afteet the Oration then nnder
!heir Liril•hipss consideration. whether. if the foul
and disgusting charges enatained in tee preamble
were substantiated, their Lorilshops were prepared
to rite that the Bill was of so nnconstitntional
nature that it should not receive the sanction of the
[louse ? Ilia Learned Friends had admitted that
the qrestion 'might to he argued on the anpoosition
the preamble had been proved. yet ^II along
I;irir L'irdships bad heard of things completely un-
connected with that cnnaiderAtion, of corrupt wit-
unit perjury, and inhumation of evidence.
Ile therefore said that in indulging in such topics,
hi• Learned Friends were only tampering with their
Lord,:iips• feeling% nod avoiding the point to which
the, should have confined themselves. There wile
elan nnnther difficulty in which he found himself
invlo‘ 111/ Lelrtsed Friend who had addressed

thifaseeee of the• caws,. as those advanced is *it
prelims me:—
" Therefore, to, niimifest Our deep most of suck stall:
kitse, dlsgssetlLl, sod vicious amdael aver she pats a heti
said klejesty, by which she bag violated She duty she meek
to your Majesty, sad has rendered !semi, ureteral, of the
exalted rank had Maims df gates Cnuwt of Ill* realm,
and so evince ear jest regard fur the Agility of the Cr•wk
and the honour or this nation we, your Majesty's most de-
ntal and loyal subjects, the LW, Spitiliql ae4 Temporal
and Commas. in Parliament assembled, de hereby entreat
spur Majesty that it may be enacted," At.
When the evulenee should be produced, it would
be seen whether the facts established bore that cha.
racter or not. Then an objeettan tame. that tint
charge was foamier' on slander and perjury, and
that a decisive opinion had beets formed on the evi-
dence bv the Secret Committee; but isii judg-
ment had vet been formed on the evidence,thut was
to be dour by Weir Lordship % when the witneestar
should have been examined before them. If he
(the Attorney-Griteral) now undertook to deliver
the character of the witnesses from the alsersiosis
cast on them, it might lie objected that he went
ont of his way to advance usatters injurious to her
Majesty. Therefore he should only nay, that 16
evidence contained matter of very grate and wed-
supported charge. His Lea:m.4l Friend then, with
an air of ridicule, which hail its effect at the am,
meat, had recalled the attention of the House so
the different sterns which had been taken on this
moat distressing case, and the endeavours which
had born made to prevent these painful procued..
lags by acconsmodatiott ; and then endeavour-
ed to show what ought to have been the en-
actments of a Bill of this stature, after the com-
munications and nrgociationa with her Majesty;
best with what justice ? At that time had the
clisrg.s against her Majesty assumed any toe-
cilic shape ? was not this so far from betug the
fact, that it was the object of the ne.,aociatiots that
the evidence should not be seen or !mown by any '
individual ? The offers to her Majesty with a view
to an amicable compromise, hail tint been made on
a supposition of the indecent and disgustiug fami..
hardy and adulterous intercourse, and that with is
menial servant, stated in the preamble of the Bill.
Till the evidence had been heard, which it yet. was
not, it wag too much for his Learned Friend to
say, that that the overtures had been made to
her Majesty on an assumption of these facts ?
Then his Learned Friend complained that the ism.
ccedings had not that judicial character which they
would have had if the course had been by impeach-
ment, and that • her Majesty had been shut out
from advantages which she would have enjoyed by
that line of proceeding. And throughout the
whole of the day and yesterday that had been
assumed which was either not true, or at least very
doubtful, namely, that the circumstances of the
Case admitted of an impeachment being brought.
But if the method adopted had been by impeach-
ment, he was sure that they would have heard the
same inflauonatory Komori', the same violent ob-
jections against it, which had been urged against
the Bill on the table. The adultery charged
against the Queen wits not high treason, because if
committed at all it had been committed with a

Lordships this day fwd attacked the presmble
of tlct Bill. and gone through • h:story of the
Secret Committee. and of the Bill and tlot 'winner

in which it bed been introduced into the flonse,
and ended with asserting, first by the course adopt.
ed, her Majesty lay under a disadvantage, which
would not have been experienced, had her case
lo en investigited before on ordinary tribunal, as in
the litter way she would have bail the benefit of
hot!' a Grand Jury and a Petty Jury. not R. to
tiii, complaint, whit lied passed yesterday must
hive s itisfiel their Lordships that there era. nn
or pretence whatever for it—for they had
1)0.1) informed hr this first law authorities in
the country, after solemn deliberation and
csnotiltstinti, that by reason of the arts alleged
to have been committed by her Majesty bar.
i!ig taken place out of this realm, she was
net amenable to any Court of Justice for what,
had it been done in this country, would have been
the highest and most aggravated offence known to
the lin. fibs Learned Friend who had spoken last,

obwiving that the Secret Committee hod been ossi.
milated to a Grand Jury. ted that they bad
found a charge which no (rand Jury would hove
found no the evidence Lid before them. But in
point of fact, hied the Secret Committee found any
charge ? As lw understood the proceedings, they
hail not—they found that there was matter of charge,
and .ithout saying that her Majesty was guilty or
innocent, recommended an inveatueation into her
conduct. The 13111 under consideration had not
been recommended by them. But in the
twat breath his Learned Friend told them
dist the Bill had proceeded from some other
quitter. According to his (the Attorney-Ge-
sieral'il' vices the Secret Committee had recom-
mended some legislative proceeding. But the
wisdom or justice of introducing the Bill ems not
the question before their Lordships ; that had been
sufficiently decided by the first reading; and the
only question now was, whether it should he pro-
cr,Nled with ? Another objection enhanced was,
that the Secret Committee had founded a charge
nn otivonched documents. So far as he (the At-
to-irey-Genernl) knew such was not the fact ; lie
that their Report had been grounded on
sworn depositions ; bat his Learned Friend had
taken the Bill to pieces and gone through it,
and lie had made statements repecting it the
most extraordinary which he had ever heard
from any lawyer. lle (Mr. Denman) said, that
the per noble contained what an indictment
d;il not, facts in evidence of the crime, instead of
a short specific charge as at the common law. But
V. as 164x:wired Friend so ignorant, had he never
Beard or reed that the Legislature, feeling the hard-
of the ruleof commisolaw, hod provided that on
charge of high treason in the indictment, not only
the charge should hr stated, but the facts to be
ritrered in support of it ? So far from the particu-
larity of the prelontile hiring a haedsiiip to her Me-
jesty, hid the eireumstarfces now complained of
beu untitled? the coutplaint would be, that
there was noilimg but • gestural aiarge of adulte-
rous irstreconrs.-. Mid tarring' mentioned those
words, he (wild not help adverting to an objec-
f.a of I very refined description, advanced by
h:s Learned Friend (Mr. Brinigham) yester-
elay—uhat the framers of the Bill had been
afraid to tine the common hingutge in setting
forth the came of adultery, and had there-
fore been driven to a circuitous periphrasis.—
lint if his Lewrtied Frivol(' bad referred to foimer
Bills of Divrece, he would have found that in nine
out of tea of them the word adultery was never
mentioned, hut that, the crime was described by
the words aduliernets intercourse, or tolnlterous
connexion, or criminal connexidir or conversation.
But Ids Learned Frientla had been obliged to ad-
roit, that the Bill, as it stood, contained a charge
I adultery. • His Learned Friend, with some hu-
mour, had contended, adverting to certain parts of
the preamble, that what woe " indecent and offen-
sive familiarity and freedom" to the mind of one
mini, would not be so to that of another. All lie
should say to this was, let hint wait for the produc-
tion of the o'vidence, and theti' liirm his opinion.
When the conduct of the framers of the Bill was
arraigned for the shape in which the preamble had
been &non up, it should be recollected that facts
to establish the charge were included in all Bills
Pains and Penalite-, acid of Attainder. It had
uteri: so drawn up to she*, not only that edul-
tely had been coettintted, but committed with
all the aggravating circumstances mentioned. He
%In Heilman) then said, that the Bill went
I,li to state the wise of Parliament out the con-
duct imputed, and afterwards complained that
it did trot proceed on any State reasons. But let
lam look to the pteatubie of the Bill against
Bishop Atiertrury, where the grounds were stated
'al winch the House of Lord* asked her Majesty to
onsent to the enactment [here the Han. and Learn.
ed Gentlemen quoted the pottage), iod he would
hod them to bent the same nature, allowing for the

.

•
•

Lw •Ittt tlyl qellittalb 64. Aliglifiitifif 1,44. Oa'
11
-al rest by what had taken place, yopiordag., and it,
Operated to have satisfied the minds of several very.
bationribiti and upright chsratters who had efiter.
Wired dashes ea the sabjeot. who *lifted, and who
had i riglttn have their s:Arida eafisfirad.
lensed the Counsel on the ether side to wider* a
ease, the facts of which were similar to those *toted
in the preamble, anti to chew that an impeachment
there boy. fie would not carry his argument so
far me to *sr that there was on ease where there
could be crime in tile acerasory but when ewe
writ nine ni the ptincirial. Prot how puitive
would it hare been to have chosen a course in which
they might have been coin to ttop at the very
and step ? They had chosen the turest and safest
course, sad one accompanied %vial with the ad-
ditional advantage to ber illirjesty of two tribu-
nals. If he were to remit aganist the itivectiers
indulged la, and urge tlie great ntnity of the
Querit's conduct (inistoming the charges to be true)
how wendel he be roiled mg He did ro t
complain that h.t wns reldigied Itl idistain from
this ; oo the otittrare. it was his wish this the
House and the pnbltc, notaitlititauding all the at.
tempts to e„.4,1,7,.., their passions on the Qatess's
side, should will b• kept in igermince of the nob,-
cent and flagitious tuts conipsised in the evidence.
To her Gotintrel it wet competent to insinuate
improper 111011VCI to any individaal ? they might
allude even to the Illustrious Person arm is suc-
cession to the throne, iitid that utmost at the moment
when the partner of his affections had been con-
signed to the north. Bat when the proper time
seine nothing should deter him from stating the
real facts of the case. He thould now come to that
which was the only argument advanced against the
Bill (for with all respect to his Learned Friends
he had heard but one) ; he meant the objections
made by Mr. Brougham yesterday, objections which
always deserved to be well weighed *genet Bills of
Pains and Penalties, as being iii their nature ex post
facto laws. Here an ("Knee, milked out by the ma.,
doni of our ancestors as of the very duepeet di., was
alleged to have been committed by her Roysl High-
ness the Princese of Wales.. Hit had been corniutted
Its, and with a subject of this coantryyd would have
subjected her to the proudly or demi:), but it Imp
petted to be committed out of the cotnitry, sad
with a foreigner ; would it be said that therefore
it did come within the offence contemplated by our
oarestors ? The offence was char,red not only to have
Imo committed, but to have been committed with a
menial servant, during a long course of Cute, and
wits unbecoming and disgusting circumstances. Was
that then an offence which ought urn to be marked
with the ranges' ce of the House and the country ?
Wes it because it had taken place iii Italy, that it
ought to be exempted from all penalty ? No method
Of visitiug it with punishment existed but by a Hill
Pains and Penalties; and were they to be told
that that should not be resorted to, because it Wel
an ez post facto law? Every Divorce Bill which
passed the House was an ex post facto low, for mut-
riage was indissoluble ; but one of the parties came
down here, and offering proof of the criminality of
_
the

foreigner. Impeachment therefore was not open. the other, called upon . . House to pass an ex post
and recourse was had to a Bill of Paints and Penal. facto law, to dissolve the marriage and depute the
ties, as that instrument of justice which alone would other party. Let the case be taken, done of their
reach the offence. All avow arguments which were Lordvhips applying to the House for a Bill of Di.
now used against the Bill, all theme allusions to the voice, that was in effect, though not in form.' Bill
effect which the 'resent invtatigation would pro. of Pains and Penalties against the individual. Was'
duce upon the morals and habits of the people, all the Queen alone to say, " You cannot punish me
for high treason—you cannot proceed against roe.
those appeals to popular feeling ; the threats, if be
might say so, which had been thrown out, all these by a Bill of Pains and Penalties, and I mil go se.
c
topics would have been dwelt and itisisted on with core to England ?" Every Divorce Bill was a Bill .
just a. much warmth and eloquence had the course of Pains and Penalties, and every Bill of Pains
been by impeachment. It had beet. asserted that and Penalties was in the nature of an ex post
recrimination was now in their power, a thing which facto law. In this country the Legislature could not
certainly would not have been possible it. an im-
go the length of making that treason after the tact.rechment. Had it ever been heard that a person which was not so before, because it happened to
.lave been coiamitted with a foreigner. but it said'
at their Lordships' bar, accused of the highest of.
fence, hail said, allow me to 'thew certain facts on that such au offence shouldltot go unpunished. and
the other side, and they will not oily palliate my therefore had recourse to a Bill of Pains maul Penal..
, siffetice, but remove all guilt ? Complaining of a ties. This was an answer to Mr. Broughant's argu.
llill of Pains and Penalties, and asserting thut it trent. The Hon. and Learned Gentleman them
admitted of recrimination. they at the same time proceeded to !thew that the clew was one which did
*
desired a proceedivg which would altogether not admit of an impeachment bring iustituted.
incapacitate them front having recourse to it. The expediency of tie measure was nut a question
But such topics were retorted to, not for the par_
for consideration at their Lordships' bar, or to be
pose of argument, but in order to terrify and argued there. Iler Majesty • challenged the in.
alarm. There was, he Relieved. btu one instance quay, and it could make no difference to her by
(the cast of the Duke of Norfolk) 111 which Coun- whet tribunal it was discussed. Their Lordships
sal had been allowed to interfere by argument been told hy his Learned Friends shatshe present
against the principle of • Bill. _
witnesses tainted It wee said that Proceeding placed their Royal Client under great
the evidence was corrupt, aid the
difficulties, as they charged her_ with acts while she
before either had been produced before their Lord. tees Princess of Wales, and while she way such no
. proceeding had been taken against her. He would
- ships. He (the Attorney-General) answered, that
it was as foul a calumny as ever had been uttered. tell them that the Queen was not placed in a
Such topics had been introduced before their time, worse situation titan it' the same .proceedings had
u consequence of the indulgence granted by their taken place when she was Princess. of Wales; there-
Lordships,'fore she was deprived of no advantage that she
which he could not but think had been
a little abused. lie raid that their Lordships should would not have in the former character, in a case
pay no ottention to all those insinuations and that would be high treason, if the enure was corn-
inuendoes, mud all those sweeping charges which ranted in this country, but if committed out of it,•
had been launched forth, not only against in- was ant. He would put it to their Lordships, wite'•
dividend., hut whole vivant of people. The then the moral principle was not the same, should
Houourable and Learned Gentleman then advert- it be left its the power of the ceuntry to say,
that a person having committed adultery that
vet to the 'molest agaiwit the Bill of Pains and
Penalties against the Bishop of Rochester, found- no proceeding should be taken-against that per.
ed on the principle that such Bills were, "in son. Then it came to the question of' adultery,
their nature, though not in their form, judicial ;" and he gave hits Learned Friends the benefit of the
and contended, that in this ease their Lord. argument. The preamble of the Bill was to be
ships, though not in form, were yet in fact sitting proved ; then the question would arise whether it
aa judge); and that, as judges, they should have to ' was 'proved in whole or in part. It was a case
pronounce on the evidence offered. Wes it to be where impeachment would not lie, for which res.
supposed, that it was not fitting they should vier. YOU the present proceeding was the proper course.
Mile such !Miami:is? Were their minds to be sway. There was a great deed' which laid fatten from his
ed by some dishonest and base mauves, and not by Learned Friends. which was merely declamatory,
those which influeided all pure :and honourable and he was convinced their Lordships would not
minds? He was•qade satisfied that they could not be carried wetly by their eloquence. He had
. confidence is. the honour and integrity of the
attend to them arguments, earitag that in suhsteare,
though not in form, the proceedings Ott the meta- Peoiele to be (*dein, that if crime wus attach-
sure were judicial. Here tile) there was the advaii. rd to the party. accused, that dory would weight
tap of two tribuilate instead of one, as in an int- to be made known. and that the *delinquent
Peeehment, mud that was ode of the olsjections stated should not escape. He was willing to admit, that
by the reporter to the Bill against Bolen, A ittobtsiy, if- her Majesty was innocent, time situation she ems
that their Lordships thus let in the House of ldaced tor was mod cruel ; but if guilty, her lens.;
Commons to a share of their judicial atsilititity. Wiwi /rut most deplorable. He was convinced,
' that what sae called kinder clamour would not
'rheir Lordships would brie silt the evidence,
influence their Lordships. It was- the boost of
they would be insisted in all point, of doubt or
difficulty by the Judge, of the land, and they this
counffy, that the lowest subject was protected;
would proceed calmly,,tlispas,ionstely amid deli. then; lie would Usk, why should thehighest subject
berate ly on evidence given mulct the rolrmu obliga. he iltowed ter ronnutt crime with impunity ?
tion of au oath, sod vilerwavile decide ou, the The SoLiciane.Gingitxt, followed, mud said he
weight. extent, .0a credibility of that tiedesee. .14,
,reed that this was a great and momentous clues.
If there was not authority to el ihik the oiroic, ' tioulor their Lordships consideratinit, but nut so
SINS nut high treissim, lie (the Attoinei-eritterel) 'fele his Learned lerlesithe whose duty eras only -to
wont) not -bare stood at the bar to sumant the • .itis'ents u • dry Itgil Attestiori, 'they- bad denoted

.I • ♦f

.

...
.iffilllbiopme,ithewei , •
../1101.410 8048:44ietthairelel :roses
pwrioHsh•
a:4l;c
...emitter°r by er sit t el hall placed themselves oat
/lee eitnaiion of difendartts u they ' hid lat!Come an.
;them The Bill before their Lordships vas of a sittlie
lige construction ; it wee well known by the law ..L
titivettall'lty. that it uuliept tumuli titug edoltery veos
!the Qom', the sninivlnnent was death, but arm
-the fullest consideration that could be Riven to this
rim by the Learoell Judges, they were of epinion,
if. it Ives committed by a foreigner it was ire erg:
isitatile in the hte. however missend and laciness st
might he iu its 94ture. it trio itreeetpity Cq hont.
to %nippy' NI efiguinen(y to puppoo, that the pre-
menhir of the Bill was trade nut ; then if made out,
how could it be contended that, after she had com-
mitted on treat end irreligious a crime, she should
be entitled to eit at the ride of the Km of dam
ceuntry ? if there was only soap cma of crime►
would it he said that no inquiry ought to be
made i:eo the conduct of the person canirMg the
euspreinii ? that was the whole allot:. t if that
ergument of his Learned Frirod (Mr. Brant.
ham), that suspicion was Not sulEcieirt ground
Gtr imfairy. He, however, thought it was impute
Ode that any set of reasonable meu could come to
th.t conclusion, much less such sit assembly as' lire
had the honour of addressing, whu, he was cenviocert,'
without hiquiry, would never give the p.rty ace
nosed the r.ghts of Queen Consort. The Learned,
Collohoel then reed the preamble of the pill, and
observed, if the facts contained in it were !roved;
would soy person say that an retirement shruld
not take place, end that si.e should cease to be the
wife of the Sovereign; for was not he entitled
to the same rights as may other married individual
instituting a Bill of Divider ? It was said that this
was n Bill of Pains end Penalties, but it was not
more se then every Bill of I) voice. His Learned
Friends!, with eloquence that was never exceeded,
hail contended that their Lordships were departing
from the u-nal course by maintaisling this Bill.
which was not the case, for in private life a Bill of
Divorce de; rived the lICCII.CII of ber rank in socety;
therefore, leavisi out of the question the rank of
the high liersolut;.les, it awes precieely the same as
• common OM of Divorce. lie would put it to
their 1-onlsloPso ores it to be tolerated that she
should be at the head of the female sot irty
of the country when such diaries were against
her. If the Qurea had listened to nth r crunsels
thm she hid, sod not have come to this couatre,
the charges would not base been biought fotward ;
bet the moment she put her foot on this seine,
there was no measure that could be hiked but the
present, for the moment she claimed her rights as
Queen Consort, it was impussib.le they could be
allowed withont her innecence was established.
Was it because it was a Bill of Pattie anal Penal-
ties that it should not be maiuteieed by their Lord.
ships? He would mit wes.,there a pewee in the
popular part of Parliament, that would. wish that
part of the law of the lend whjeh allowed such
Bills, to be dote away with ? His Learned Friend
(Mr. Brougham) wished the reign of Henry VIII.
to be laid aside on this occasion. hut he afterwards
alluded to it. He hail no objection to its tieing
brought forward, much less alluded to, if boldly
mud manfully brought forward, so as the aigu.
anent could be faith! met, and he had no objection
to give his Learned Friends all the advantage of the
fruits of all the reigns if they boldly brought them
forward. The King here was not the accusing pasty ;
it did not answer his high spirit and dignity ; hut he
sent the accusations to their Lordships, and was
__.

solar a consenting party. The question of recrie
mination was only touched sat by tier Majesty's
•Attorney-General, but her Solicitur•Geueral hail
urged the collateral convettuence., which, lie said,
aught shake the foundation of the monarchy. fie
would not enter into the subject, for it was fOe
WM to anticipate what was to follow ; therrfr►e he
would nut be led into an argument u.i the subject.
It had been argued that impeachment was the proper
proceeding—he. would rely on Justice Blectistobe,
who said, that an impeachment would not lie where
the person committing crime, bring the principal, was
not subject to the law. of the country. This wa•the
opinion of Justice Blackstone, and he would add
that it was hie own doubtful opinion. Theta why
should not their Lordships follow the track that was
pointed out to them ? If au impeachment had been
advised, would nut their Loadshipa have thought it
'unnecessary, when a milder course could have been
•taken, fur if it was impenclinent, and the party ac-
cused was found guilty, imprisournent or souse ()ut ct.
penalty would ensue f►uni the conviction. Proceed-
ing by Bill gave her Majesty the opportunity of con-
tradicting the whole charge, which she amid not have
the opportunity of doing in an impeachment where
the House of Commons would be the accusers. Their

Lordships had been told, that the charges were not
specified. lie dritied•that that was the case, for
the adulterer had been named, and the space of
time. in which the adultery took place was nut coil-
fined ; it did not say two years, but occupied the
space of six years. It was impossible for the Ball
to v:sy more than it did, as it was suinomible fur
the trainers of it to way that actual adultery had
taken place until it was proved before a proper ri-
bunal. Their Lordships was that tribunal, and who
could doubt that they would not decide according to
the evidence produced before them ? He had tried
to sheer their Lordships, that by Bill was the pro--
per made of proceeding, and if he had dour that, he
had done aufficient, cud on the validity of his argu-
ment their Lordships were to decide. He had no h.-
*dation in paying, if the present measure was brought
forwiaid when the Royal accused was the wile of the
Prince Regent, that the crime would amount to
the same as if.she was Queen Consort. They had
been told that marriage was a religious tie. It
certainly was: but where adultery took place, the
Legialsitue had wisely provided that there should
be an end to thetie. Taking the preamble of the Bill
to be true, a Inch he was obliged to lake to be vo,
fur the purpose of his argument, there was not only
a charge of one act of wintery', but several acts dor-
. iog a series of year,. . The Learned Counsel then
referred to the preamble of the Bill, and con-
tended that no man, after reading it, would say
that it did not contain charges that required atten-
tion. As to the specific charmed adultery, the
time and place it occtirred was not necessary to state;
it never was done in coinmon Bills of Divorcee
Wrought into their Loideltive ifoose, for there was
nothing more stated than that adultertmetvotoesios
had 'taken place. It woo well -kooiata this tior
crime of odokery was only poolohOtio• Va.