The Sun.
London, England, 1820-08-18 00:00:00

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kitioth*.)-tlw ,43111)'6f .Ptt Oid
,
-renalties introduced was the only possible
ill °do, ,Of Inxestigating,l tba;otien4e, and satisfy-
tagm polio justice~Ms' Noble •Friend asked
te Earl' susPeud the proCeedings
"until the opinion of the 'JudgeS, Whether
'ere was , any other within their power,
should be obtained. 'Until that opinion was 'cib-
tilled,..their; Lordships were not in :-‘possession of
t,Qa•knowledge whether they,ought.toproceed in
tin:Le!-way,which had been originated, or whether
there ryas- other, and better' one. He allow-
ed that there-was' some indonvenience irvsnspendo-
ing the proceediugs,-but how much- greater was
that likely to-result tcrthe public fromypersever-
:agin a courie which on all Bands Was admitted
° be objectionable Hear !),--And which:
the'" Neble Earl (Liverpool') himself admitted
c9.1q41.)e justified:only by the necessity of:the Case
11,,°w under onsideration. lle could not give his
Zwn opinion to their Lordships as an authority,
but he spoke tnotilightlyl.andi unadvisedly when
;e said, that .high, amongst- the•,highest autho-
filUe.s, of this, Country, there were slimew
ho dif-
ered from the Noble Lord thellreolstick,' as•
in
s° the, construction; of the state of--Edward,'
concluded, strongly supporting,'the motion of
s Noble Friend:
.
The Earl. of. LI v ERPQQL and Earl GREY
Y explained.
'4
-'he Earl of CARNARVON, Baas ready to concur
a4-aY motion that offered buta chance, of putting
e4dto this
-strange and anomalous proceeding,
kYllich he could *discover nothing but pure and
,nclualified evil. It had:been said•that this was
I,time to review the course which had. beep
adopted : and it had been said even by iris Noble
(Ear} Grey) that the'charae having been
preft'iettd
en errO) it must now -be -proceeded with : be-
&use the charge had been' distinctly *preferred,
e'•illOuse had no alternative but to go on. But
its Part, he did not see that the charge was
e dliAinetiv preferred now than it had been
.le:itn., of
ri"r* To him 'it appeared, that, :the:, a rgu-
.o his Noble Friend came to this ; .that
pros. House must .proceed-theJnotnent 111(iiiSte:is
Posed_to them to proceed, and that neither
h'w) nor—at any other time could :the itouse
any alternative 'but to persevere in the
for',ll`PY• 14 would, however, remark, that those
tw 9Ethe Rouse which interposed delays. he-
teieeif the several' readings of a 13111,Were
pled- to afford them the opportunity of .recon-
talering their proceedings. His Noble Friend had
that if by no other means -than a Bill of
ta7ns• and Penalties, the offence charged against
to tl'leen,-conld be got at, ire should be inclined
ne.utertain such a measure, where a distinct and
ilrqualitied charge of . direct adultery had.beerr
I;ferr N did -
e • Now so happen, that no such
(1110- charge could- be found in the from
0: 14 inning to the end of it. Before he sat
stated it to be,. his,wish to waive the
'Restions which he had urged in the early part
Debate:
V'A:44.GREY, in explanation, said, the charge
„,,141liaPsnot so distinctly stated in the Bill as
IC; %gilt be, 'and ought to have stated.--:cha' "Wever, conceived' adultery '
tq be positively
Irti in the Bill.
by tit,erOotion for referring the question snggested
Judo .Noble Earl' to the consideration of the
7a4 then agreed to,
ou the ""(14es immedihtelyoretired to deliberate
e
llue.stion had been submitted to
\Vhile they•were absent,
•
rearl.lll.ol.l.'Nxn begged toinquire-of the-Noble
over tvii Posite, 'whether it -was intended.' to•
1e House
chi! - •
• .
that . }.„ of LtvErtrpor, was net' of optnton
ti -wOuld be absautely necessary to call over
°bjee.,"§•e,:every ddY. It was certainly a great
beeir' -to secure a full attendance, but he had
loupe en nsidering whether, after the first- day,
,
this might not be, adopted that would make
thi.e
e 'thAtecessary. It would be desirable that
tallit,,,qt'artcrs of an• hour should not belost in
flu 11.6 over the names every Morning, and
.4
tllo,,ight ifmight be expedient that every
Nver s!!.Ould-write name in the: Anti-room
'cttenaming'-the hour at which he was in'
tairtNiLalle; by which means it could be: a seer-
Ivuo had attended, and those Peers whose
ab s were
st,t. not down,
4rr,l nOtt.ANIn was of opinion that some such
Thge'oent might be made.
l'er,..e`„Eari of Llvlllipoot, then proposed, that
sl -er ,on cornin • •g- to the House'. each day,-
"ulver in his name in.Writmg.
\vas flarrangement-Suggested by the Noble Earl'
Artcclaiesced' in' by- the HouSe.:
ttt4r,neerda.n absence of-twenty minutes the Judges
Net j .
to ustice AunoTt • stated' the Judges pre,
;theme It conferred together on the' Question-LL',
le Sovl. a Person, owing no natural allegiance to
r7;the seo-,eign.of this country, violating the' wife
sCereign, or th 6 eldest son of the Sot&
1- act .oiiic(nisenting to such:Violation, committed
:1.4'4 the Treason within the Statute of Ed,
titolgti°Pinio, nird ?—they, upon deliberation; Were
that one who owed no allegiance, by
%itithe Wife of the K the wife' of the
reasoti .'"t sett,'could: 'not be guilty of High
to`ng's eiill°'' could the wife of the King or the
th"/Ift an, Soli, conScltting to such violation,
aet of :nigh Treason, coming within
s;IP said the Statute. Their opinion,- his Lord-.
acute 'emqls founded on, the, langttage of the'
cit
to 4ed.th war& the: Third,' Which was. so
Ivian act",.,t in their judgmmit it could not' apply,
tolto-owed adultery committed:with a foreigner
41Itty no allegiance to the Sovereign of this
li he
on Mar ; • •
ifru.s of LAN§DowN called the atten-
, qt.
.t .
i-tuoot 0 the -situation of certain -per:
eillhe "Lc' aPI-Sear at filch' Lordships' Bar,
at,l-°te-of.t._ 1"-ht deserved to be notibed, • By
I .oliq,-had,, k 11 other Housei•eertai it- learned per-
-1,4„11:' r yet':Permitted to' appeal-at their Lord-
\vas Counsel for 'the Queell• Their
sty r PleadiL"id. Probably concur i'n sanctioning
oces:._,Hg'at their Lordships' Ba r on the pre,
zun In what he had to say on that

. .
Was Li; &OM- lt3tiag (thy relleCtiOns
the, individuals- to whom he had alluded. Trom
knowledge 'he had: of theM he had no doubt
that they would acquit themselves with all the
fidelity:and plicipriety that could be either ex-
pected or desired. He must, however; remind
thellonse; that it was only possible for them to
appear at their Lordships' Bar by virtually With-
drawingthenaselveSTrom that body of which they
formed au hihereiit part, and' in which they re
presented bellies who had its good a right td be
repregeiated in 'ParliaMent as any other- in .the•
nation, and who, by the arran,gement to which.
he referred,-were left Unrepresented.- lie.wished
to submit to the llouse;the propriety of making
it'underatood, that they:only Subinitt6d to sueli
departure from the established practice of Par,
liam ell trin consideration 'of- the-particular easier=
gency of the•case. •
At ten, minutes
.before two, by order of the
llOuse, the counsel were called, in. The large
Folding doors Were then thrown open; and Mr.
Brinighiim; Mr.' Deninan,' Dr. Lushington, Mr.
Williamsi- Mr. yyatt, and , another Learned
Counsel entered, and took their` station' at the
desk on the right hand side of the inclosed space
immediately in• front of the Bar. his Majesty's
Attorney .and Solicitor•'General,:: and four other
Learned Gentlemen, with' Mr, Motile, the So-
licitor to the 'Treasury, entered from the side
door,andpfaced themselves on the opposite side
of the. Bar.,

The Puke of liisinToN asked permission to
put a question to his Majesty's Attorney-Gene-
ral, and proceeded to ask by whose authority,
and for whom, he appeared at their Lordships'
Bar ?

The ATTN::NaII...GENERAL said, he attended in
consequence of Jan order made by their Lord-
ships. An order of that House had been served,
upon him, commanding his attendance on the
present occasion.

[Here several Peers called,out ‘4 Read, read."]
The ATToaNtrz-GENERAY. -proceeded to read
the Order oetheir Lordships, with which he had
been served by the, Deputy Usher of the Black
Rod. This commanded his attendance on the
second reading of the Bill, when Counsel were
to be heard _and witnesses examined on either
side. He ithe Attorney-General) had therefore
thought it his duty to appear before their Lord-
hips personally, or to depute some one to act for
him on the second rtading of the Bill, and pro-
duce:eyideAce in support of the charge.
The. Duke of lamtvroN begged to repeat the
question. By whose command he appearett'at
the Bar, and from whom had- he recei*ect-iiit
structions to do so ?

The ATTORKEY-GENERAL repliedy that in con-
sequence of the order which he had rei.eitMiihe
had considered 'himself bound persottalirtfo at
tendl dr to depute some other- Counsel ,to 4altp.eiet'
in his stead. ne had taken the only coutselie.
could take to obtain information on the subjett,
by applying at the Secretary of State's Office,
and by making other inquiries.

.The ~Duke of lIANuLT- oN,asked,- if he was. to
understand that helad,received his instructions
front the Secretary of State.?

'Lord'' HOL D' LAN understood the Noble Duke
wished -t3 be informed if it were from-the Secre-
tary of State that the Learned Gentleman had
received those instructions,. in, consequence of
which he bad. attended at their Lordships' Bar:.
Ire' (Lord Holland) understood him to attend in
consequence-'of an order of that House.
The Eail 'of LIVERPOOL said, an order had
been served. On the Attorney-General, In .conse-
qnenCe Of Whiate was bonnd to appear at their
Bar.. The , Learned Gentleman had, hOwever,
taken other means of -seeking information, and in
consequence' of inquiry'madeUt the office of the
Secretary 'of State and elsewhere,. he now:ap-
peared before theni.
Lord HoLtmcn-thought it was proper that
this. matter should be exactly understoed.
Mr. 13nouonANt said he attended in behalf of
her Majesty the. Queen.
[llere Mr. Brougham was interrupted by one
of their Lordships, who made some remark upon
the prOceeding, which was quite inaudible.]
Mr.• BaovonAst then proceeded to address
their Lordships. He said, that his Learned .Vriend.
(the Attorney-GeneralY appeared there; but for
whom was not so clear,: for himself) he was be-
fore their Lordships .for an individual,- for her
Majesty the ()Neon,. of whose Counsel he 4p-
peal•ed. It might be in the recollection of their
Lordships, that the last time he had appeared at
their bar they had thought proper to delay,to
subsequent stage the arguments which lie bad
considered it his duty to tender to their Lord:.
ships, against the principle of the Bill now before
their Lordships: It was also the pleasure of the
House that Counsel be informed that ~criey were
to 'Confine 'themselves in their' ;arguments to
the mode of proceeding before Alie
Their Lordships might' probably retiater, that
r,v
he at that- time regretted thattUen.
cordships
would not allowhim 4.00,4ter lattaititor Obser-
vatien; but their LerdShips haeifWejd that
that latitude of ol*r*ion would lieltiistored to
him, and that on , the4‘pcond reading of the Bill
he would' be enabled :to make his objections to
the principle of it. He. conceived that the period
had now arrived, 'When
,laying the truth or false-
hood of the allegatiaii4' out of view, and ad-
Miffing the faas to '6e true as stated in the
preamble of the Bill, all of which he had
denied, and did now' deny to possess. any co-
lour Or foundation whatever in truth, and he 'was
sure their Lordships' sagacity and justice would
not allow theM to mistake the admision which
he now made merely for the sake of raising the
argument to demur and object to the principle
of, the Bill.. The objection' which he meant to
urge could not be 'interfered with by. any proof
to be offered to the facts. The first case which
shotild-reerand'theii.. tOrdship4 of was that—of
the Duke and Duchess Of Norfolk, in the years
d 69 'and 1670.: Itithat case the Duches had
presented a petition to their Lordships' House,
in,which.sho stated not that any, Bill .vas intend-
hd to 'be btOught against 'her, but merely: that
the Duke of Norfolk was offering to their Lord-

ships a Dili of stieba nattire and She prayed that
she might be heard against it before—the Bill'
shotild be• received. The:order df the llioase,Of
the Bth Januarys 167'2, directed that- the
chess shOUld have notiee of the. Bill (Offered :but
not recei'ved);andinight be heard by-Zdunselwhat
she had to objectagainstit. Redid not now ask
to be heard against,thelirst reading :of the -Bill.
—he well remeMbered the scorn with which, on
a former occasion,le,was ptit-dowwwhen he had.
suggested, that he should be.solmrtnitted.---=-he
was then consideredas desiring what had neVet be-
fore been asked or granted—atliing, in:shciFt3--gub‘
ktersive of all the forms of pitceediag by which
their Lordships had governed themselves. He did
not,:therefore, th 6 ask Obe-hea:rd against the
first readings IleCanse, by their LordShips' &eel,
sion on the fortner occasion, he was precluded
from it ;' but he 'stood now on the authority of
the case which he'had-cited, that he was entitled
to be heard agaiat The-principle of the he
stood On the grOund that the DuchesS'Of Nor-
folk, if not on the secondreading of the Bill, had
been heard in two previous stages againstreceiV-'
lug 'it, and if that were nota: case in point,he
could nottell how a case in point could be found
on any Subjec't -whatever. There was also, in
May 1698, the case of Knight hnd'Burton, which
was, it was true, a Bill of Pains 'and Penalties.,
arising out of proceedings in the Exchequer
Chamber; but there was also the case' of Lord
and Lady Angle Sea, Which was a proceeding for
a Bill of • Divdrce: lie 'would not impute 'any
thin; to' theNdble Persons who had sought 'for
precedents on this occasion-; hewas satisfied the
cases he had cited had been by them. overlooked :
there was no Other way. of 'accounting- for the
omission of what"WaS i'SO'germane to the
but tith• facts Were, that in otie of the cases he
had'cited, a list of witnesses had' been allowed,
and thege two cases were not in the Report Made
by those Noble Lerds—while, in the case which
was put into that Report, a list of the witfiesSes
were `riot allowed: Would now proceed. 'to
state in tilt stage at which they were arrived his'
objection to thelprinctPles of the Bill.
-. The' LORD CdascELLoa--"The Counsel must
withdraw."

Mr. Brougham hereupon retired one step from
the bar.

The' Earl of LivrarooL saidi that undoubted-
ly when the case should be cloSed it would 'be
competent for the Counsel to answer and over:-
throw the testimony given, and 'over and
,aboVe
they Might certainly object to the Bill itself if
it were thought obtjectionable. That he con--
ceived would be the regular Course of Proceed-
ing ;. but if he righify' understood the Learned
Counsel, he wished 'to be now heard against the
principle of the Bill.
The LORD CHANCELtOR said, there was one
argument in .favOurOf the regular course as poiot,
ed out by the' Noble Earl (Liverpool) which was;
that if the facts were not proved there would be
no 'occasion for occupying their Lordships' time
by going at' all into the arguments on the prin-
ciple Of the Bill. :

Lord KENYON said, their Lordships moist be
aware of the' extreme regret of the COuntry at
large that any Opinion' should be. entertained by
their 'Lordships of the necessity of going at all
into the eviderick llV'therefore, with' a view to"
avert that necessity, moved that Counsel be now
allowed to proceed. •
The Earl of LtvErtrooL thought that .after the
question \\ hid' had been put to the. Judges, .the
answer to winch their. Lordships had beard, and
after the decision which their Lordships had come,
to, that Counsel should be bear& upon the 13114'
the only question remaining was,- what was the
usual course of proceeding.. That course, in his
opinion, was that the Attorney-. General should
proceed, and after closing Itis,,case, it :would- be
then competent , for her Majesty's Counsel to
reply. .
The Marquis of LANsn9wN said,.it' would be
proper to see if the argument used' for saving five
time of the House, did not in reality pitesc, the
other way. He thought it was quite clear that
the Learned Counsel must be allowed
.• to speak
against the principle. of the. Bill, eitlter new or at
a future stage of the proceedit4, but that he
could not
,be alowed to speak twice upon it. His
Lordship, therefore, tho!...ght that the •Counse/
ought to elect whether They would now, or, at- a
subsequent period,bling forward their arguments
against, the prin6ple of the Bill. lie
,thought
that the consifAeration of saying du.> time of their
Lordshi oz was
as nothin,, to being saved the dis
closure
of facts, which, 71. the Learned Counsel's
P.:eguments prevailed, would be the desirable re-
sult. .
The Counsel were then ordered to be called
in, and Mr. Brougham advanced again close to
the liar.
The
-Jo ttn CHANCELT,Oa, addressing the Conn-
sea,l, informed them that he was-commanded by
the House to ask
if they chose,,now to in
'their arguments against ,the principle of the Bill ;
at the same
time, they must clearly.uuderstanil-
that they could, not' then so proceed, and at any
future stage likewise. .
[Here there was a. cry of Counsel to withdrauV
which was, loudly reiterated, as.,Mr. Brougham
bad not retreated at all from the.-liar; ou which,
as before, he stept back a pace or, two.]
The Earl of LA ILDERDALE said, that he must
object to the course of: proceeding. proposed';• for
the Counsel:might find it expedient twobject. to
the principle founded on facts •arising from the
evidence to be given on the, Bill ; when.; by the
mode adopted,. they,twould, be, precluded from
Ile to h
eobjections,.tis,ct
hluowseeveil well,Sohnded.
objected t.. appeared like
the Court making a bargain with the Counsel to
pursue a certain course in defending his client's
cause:

The Counsel were then ordered to be called in,
On which

Mr. BRouGuAlt stept forwar&te the -Bar. and
apologized for his delay in withdrawing when.the
call took place. for that purpose., lie said, •he.
Tiad, understood from .those who wire .the habit:
?fAitteedigg'4lte *7l oLittleir.L-Drdshipss,:that34<:.
withdrawing was a mere act of form ; he bekgs:(l,

therefdre to' c'ear liintself '
from tr imputatiOn
-
of (lirot he their. Lordships .as he was well
aWare there-itere those present who were quite
. . ,
ieacly'th' rinStonstrue any. thing he might do or
PIY.---(Loga, criei of. " Order I. order t")-1Ie
now undeestood ;that ht setii to make his:ekction as to the
time When le wthild argue against the principle of the Bill,
and lie the-more readily'cliose that mom-ent frinn being satis-
fied their. Lordship? sense of justice .Would induce them to re-
vise their decision against hereafter hearing him, should
any thiegessential to the ends of substantial justice arise
after the 'evideece had been gone through tterender it nrces-
Wy. His first .objection wast that the 13111 was a private law
made furs particular case, and to punish a particular indi-
vidual, a proceedine never resorted to in anytountry, or it) the
iithsett
earliestttei• ieli tpt genr
iaondc co
ft (t)
levery
npirai cci
worst Of buses} without a deep sense of its hateful nature, and
1())1(ei
et: f
the uv igs prer,uttdeesati cjeu.
rilss'Lo
on t..
Salts-had described such laws as of a cheadful description, and
only tole justified by absolute.necessity. Such laws were ex
war given, and then lay
post facto; -they first permit the deed to be done, and after-
wards define whet hes it be guilts' or innocent, or rather before
any. notice or
and indict punishment. as if the guilt •ls' bold of the person
ad been previously
nine -
defined. He disclaimed the childish pedantry of quoting to
their Lordships examples from the Rowel history, but it
would be-:in their Lordships' recollection .that not only the
wisest and best. of the legislators of that !people, but even
those of moderate sagacity, have• startled at passing lasts like
these. , And in the'history of our own country, the story of
the enactment wayspeedily followed by the account 'ot• the
repeals It might be 'objected that he was referring to a period
when civil wars had delsiged the country with blm"ls
hut' be
did not refer to those times for exampleS, hut because the
cases lot wag about to quote were against. the examples of
Bills of Pains•and penalties. In 'tile reign of Edward Hl_
the Bill against MI-timer was passed and 'quickly rescinded ;
so also similar Bills in the reign of Richard 111., and indeed
almost all laWs nf a similar nature adopted under the pres-
sure of temporary 'expediency were afterwardi - repealed,
The case of Lord Strafford would be in the recollection of their
Lordships. All the Bills against,the wires of Harry V 111.,.
any reference to which would involve him' in' the history of
the violence and'cruelty of that hateful tyrant, be should foe.
the present purposcly'pass over, aid take his stand arbet ter
periods, and only jest glance at the time of the twt, I bar-
' lesis; when Strafford suffered under a pro( eedng which was
the greatest disgrace that ever sullied the p trite of either
flonse of Parliament. Had that beets a•ense vi impeachment,
tt would have been comparatively a case of justice; there •
would have been at least the forms of justice half observed,
and the spirit totally neglected ; bet'it was a case of attainder,
and to shew their Lordships' what 'was the sense enter-
tained by their ancestors of that Aetate would beg leave to
read to them a passage front a histoil written' by 'one of the
most eloquent mete that
,erer existed, anda hear relative to
ne Of :their, Lordships who -then heard, him.—Here the
1,
earned Counserread.a passage front " Mr. Fox's History of
;sines the Secinul," which, after stating the Tate of the Earl of
Strafford, precieds to. eive an account of the conduct of the
Houk of Lords, at a subsequent period, when they revelled the
iniquiteusact, and in the preamble of the Bill stated, that to the
end that rigot be done•to the memory of thedcceased' Earl. it
Should be enacted, that all t=cerils of the attainder should be •
wholly canceller ,to the end that it might not be visibleto after
ages, to he drawn.into example to the prejudice of any person
whatever. Of a similar nature was thatßill Which at present
laid On their Lordship? tabi.e, by means of which, rank the,'
, most exalted, station the' Most respectable; and above all,
every thing dear tp character and fettling Were to be blasted.
The obliteration of the attainder wets not done to:bring to life
the odious precedent ; it was sione in hatred to it,' that it
Might be held on as a beacon to warn, as a landmark tti guide,
' when future Princes and Parliaments should' be called upon '
been done to
to decide in, similar cases, that they might avoid what 'bad
Lord Stratford ; bedause in his own time it•was
abhorred by all good men, avid in the immediately succeedieg
age was, reseinditlhy the sons of the actors its it. Having
thus stated the general objections to Bills of Pains and Penal-
ties, he would venture to say of the present case, that the
worst of former Bills, not excepting those -f Hen rythe Fig bra's
Wives. were regular judicial acts, compared to the orle before
their Lordships. • He should assume that nothing illegalizonld
be laid to her :Majesty's charge; and that be was bound to as-
sume from the face of the proceeding astir-, because, itany -
act had been committed in violation of any law, their Lord- •
ships Would never haveentertained the Measure. And .here
.
be must he allowed to make one observation respec,ting another
mode of proceeding ; - he rt'Asidered;• that. if no iltegal at had
been done, inipeachpsent Was the mode for trying what c4nid
not beindicied by law. He did not 'mean to contend that ;I
verson might not be impeached for what svat also indict Al" ;
what he meant was, than-eritaies'lnay be committed. not
cognizable- lsy, the Coutte. below, but et-0i *strictly tAgaiz-
-10111,b,y their Lordships. .He. therefore thought that some-
tlatig of a reason'shontd be given tsishew•why iti;peachineni '
had not been resorted to. • In Strafford's ease 'impeachment
Was resorted.to. and .the Wl/411 .of Attainder -was ,hrotight•ln:
pending the proceedipgsou the.impeachme at, and it way ()ply
‘•be.n they apprehended that the impeachment would fail that •
they adomed,the attninder. The pre'•ent 'was, he conceived,
in the spit it of those proceedings. : f'be actors in Him injos-
lice were then on thelpopulae side., and their enceessors in the
present day now have recourse to 'a sintitar measure; WIIt.::, -
they ((ogee that impeachiner,(would. IA If the arise were ,
such as to -make I he: prow.oters of it tie Bill doubt self their
Lordships entertaining "... Cbargt.of impeathment, they might
Mare laid their paper ~ and proofs before the other House of
Parliament; a ror:e of impeachment might have been-then
brought up, ant', their Lordships would doubtless have sutlem-
ird it to g? o".t. Indeed, ;s it was the privilege of the cow-
n3ons . to '-rtipeach, it might be doubted whether their Lord-
#biPs child, avoid entering on it. Had that stepleen adopt-
ed. 1..,er Majesty's Advisers would have had a specific charge,
~,tli such peculiarity of detail' as would have enabled Liens
to see on, what points they were called upon for defence; and
if not allowed a list of witnesses, they would have- had
whatmould at least make the measure bear some resern-
blance to a je.dieial proceeding, which at present it did
not;.. but I:.e Amsted that it. would at least resemble, a,'
judicial- r,roceeding ,in its regard for substantial jestice..:
Another, 'thing from which a conclusion Might be drawn, that
the resent was not a charge of guilt, or the proCeeding a
judleial one, was ibis, that if the charge had heel-v.4a some-
thing
done•for which the piirty might be indicted, or even
impeached, he would be precluded froth urging any thing on
the-exPedieneyerf the measure, because in. Conrts!of -Jnstice
arch questions, were wholly foreign to a judicial investigatiere;
,but when it, was a.qucstion of legislation,' of a new law to be
passed, be was' immediately- let in to addnce every' argineent '
tending to expose the impolicy or injustice of the proceeding. •
The Iliteyned cottoski,.io.cootiouotion;ob'serced that he could
sheW front theirLordships'proceedings,or rather from thepio-
testsaf thevirtimus minorities,thatsueh theasurr'sslnoildnever.
be resorted to except front failure of justice, or the most ailtso'e
lute and pressing state necessity. Without these exceptions
nothing could justify sucli a proceeding-. The Learned Cerin:sel'
prOceeded to read a protest; which 'among betide diaingnished '
"names had ,that of the Lord Chancellor Cots-per signed to
it, in which the arguments he had just urged on their Lord- •
ships were corroborated and supported. Whe:re then; be
would ask, was the impelling necessity, which alone•could•jus-
tify the proceeding ? Was the succession in jeopardy? Sup-
ptsing tlsat her Majesty hurl been brought Under the operatiott
o!' the statute'of Edward Ill..froto the pcculitircirc'utiostancev,
from time separation or age of • the parties, it would be a rea-
sonable inference *bat, no danger could arise to the succes-
sion ; yet as that would have been a case of impeaclithent,'he '
would' have been •bonnd- to treat it simply as a qUestion of
fact,:atoi could not have argued from inferences or prohabili-,
ties; but here „he was entitled to argue it
,as a law to he
made, and ;not a trial under any existing statute. If a.,....1in"-'
~dow. or danger- -to the ' succession ' could be sheven; -then.
orset,only of likis objeetions would be removed. There-was
another , (langey, td :the succe,,,.4ion, which w,is, where it Ns:as.
likely to fail for want of a successor, ion to i fiat 'he Would
not. call, their .Lordships' attention. What then was the
genunti, of .neeessity, here stated ? Why, it was said, that the
a-o•.ductof her Majesty, from the station which she occupied,
i-eig, ht. degrade the. Crown and the Nation,' and thin art in-
ference.4s ,drawn that the connectienletween her Majesty,
ri'e...cr9wllt a,nd the Nation, must be broken, because of such
conduct., On thiS he would observe, first of all, that the charge
...,..;is. frit- the &Induct of her Majesty before-she was Queen,
when only the wife of a subject, ass:oo filling the highest
stationiti the realm. yet but a subject. Now observe how
that acted. If the Queen had been hrtiught there for an act
:done-whilst Princess;• :would any nian'hare denied that. it
MO :.4,.8i1i, of Divorce, aunt must , then have heen had
on m.the, ordinary terms ; all the fors must have been drily
coMplitd
.with. The party -*est coins. by Petition to their '
Lordship? liouseond must have come into ask it with. clean.,
lands, But it was delayed till her Majesty became..Qtieen,
wife, _end although he did il:/)
and then proceeded in when her M'ajesty had rust, as ante
centur,tained it. The question now. was, of the,King anti the
oin sad,id,
itplittlaitgehptisn ioofna, itpsrviaysastueflicientMrlis erg um entth at soitte ,
cbleeri, and not of than and wife, and lie.did say; that it would'
m U
i-njust•if they 'did not give to-, her Majesty every benefit
its clueen which she ' would have enjoyed as Priqess, 14,1,
jug, ratted, the, ;question tit Kftriminakion, 'he . wotild : int
it out ' of' view; hot' he •shtlulct 'violate-Ike' -instruction of -.
hisillustrious Client if he uttered the word again without ab-