therefore, his learned friends deprecated such a course, and contended for an impeachment, they were bound to have shewn, that in the present case an impeachment could have been maintained, That proof they had declined; and their lordships, he trusted, would agree with him, that the wisest course which could have been pursued, was the one which was tire least subject to doubt and uncertainty. Besides, he would confidently say, that notwithstanding all those airs of triumph with which those objections were introduced-notwithstanding all the inflammatory language which accompanied their statement, that a very different character would have been given to the measure of proceeding by bill of pains and penalties, had not that been the very measure, which in the present case had been adopted. It was adopted because it adverted to certain charges against her majesty, which, though of the gravest import, were not a violation of any law, while the best authorities supported the doctrine that an impeach

All

ment could not be maintained but for a breach of the law. Sure, then, he was, that notwithstanding all the challenges now so heroically thrown out, notwithstanding all those allusions to the morality of the country, and all those various topics so liberally brought into view, had impeachment been the proceeding adopted, the very same objectors would have deprecated it, and have said, that the proceeding in the case of an adultery should have been by bill, and not by impeachment, because by the adoption of the latter course, the accused party was deprived of the power of recrimination. They complained of the proceeding by bill, because they were now shut out from recrimination, and strange to say, regret that the impeachment was not adopted--a course of proceeding which no lawyer would venture to assert, allowed the accused to recriminate. this contradiction had its purposes; it was to terrify and to alarm, and to withdraw the minds of their lordships from the real question on which they had to decide. His learned friends had, it was to be recollected, taken this course, not in the exercise of a duty compulsive with them, but acting under any indulgence so very rarely allowed by that house -so ra ly indeed, that the divorce case of the Duke of Norfolk. was the only one to be found where the counsel of the accused was allowed to interfere before the evidence was produced. It was not, then, too much to expect that those sweeping charges should have been deferred until the character of the evidence to be produced was ascertained; before the charge of corruption was thrown out against witnesses to be examined, surely his learned friends should wait until enabled to sustain such imputations by proof

C

His

learned friends may prejudge, they may prejudice, they may assail the characters of the most eminent and illustrious in rank and station; they may rake from the shades of oblivion, all those prejudices, or failings over which the healing spirit of time and more correct feeling had, in consideration of his many virtues, thrown a veil; they may select the moment when an illustrious individual (the duke of York, we presume) was next in succession to the throne, when the remains of his illustrious partner has just been consigned to the grave, to wound his feelings, and revive recollections which a better feeling had never disturbed: all these things his learned friends may do with impunity--to him it was only to state the facts which he should call upon evidence to sustain. They may declaim on the bribes by which that evidence was obtained, and animadvert on the nature of the motives which they presumed to operate on the minds of some of their lordships. All that remained for him was to conjure their lordships, and he knew he did so not in vain, to dismiss all such inapplicable statements from their minds, and to apply themselves to the great and important question, on which, in fact, they were called in their judicial character to pronounce.

The Solicitor-general was next heard at considerable length.

Mr. Brougham, in reply, urged a variety of arguments in favour of his original proposition, and shewed the impolicy of the principle contended for by the counsel for the crown.

Legislatorial Trial

OF THE

QUEEN,

COMMENCED AUGUST 19, 1820.

In the House of Lords.

THE great and Important trial of her majesty at length commenced, after the failure of every attempt to evade it. The expectations of the public were at their height when lord King gave notice of a motion to stop all further proceedings.

On Saturday, August 19, 1820, lord King moved, "That it appears to this house that it is not necessary for the public safety or the security of the country, that the Bill entitled, An Act to deprive her Majesty,' &c. should pass into a law."

On which lord Liverpool moved as an amendment, "That the AttorneyGeneral be directed to be called in.” Earl Grey opposed the amendment, The house divided,

For the amendment ... 181 Against it 65

...

Majority........... 116

The counsel were then called in, and the Attorney-General and the counsel for the crown on the one side, and Mr. Brougham and the counsel for her majesty on the other, appeared at the bar.

The Lord Chancellor. Mr. Attor ney-General, you will proceed to open your case.

The Attorney-General immediately proceeded to address the house in a low tone of voice, and spoke as fob lows:

MY LORDS,

I now attend at your bar to fulfil the duty which you have de manded, of stating to your lordships the circumstances which are to be adduced in evidence in support of the charges which are contained in the preamble of the bill now under your lordships' consideration. A duty, my lords, more painful, or more anxious, I believe, was never imposed upon any individual to accomplish. (Cries of

Earl Grey then moved: "That it appears that the bill now before the house does not afford the most ad-Speak up'.) viseable means of prosecuting the My lords, I am sure I shall receive charges against her majesty, and that, your lordships' indulgence, if under therefore, under the present circum-the weight of this most important duty stances it is not necessary or expe- I feel that which I cannot express, dient, to proceed further with it." (cries of louder.")

This resolution was put as an amendment to the motion of lord Liverpool, "That counsel be called in," and was negatived by a division as follows: For the amendment Against it..

64

179

Majority 115

My lords, I was stating to your lordships, that the duty which I now have to perform is one of the most painful and anxious which was ever cast upon any individual. I have, my lords, to state to your lordships the circumstances which are to be adced in evidence to your lordships

adduced in proof before you. Ny

volve a considerable space of time and apply to facts which took place in va rious places, in which her majesty chanced to be during her residence abroad. I shall, therefore, commence my statement at that period when her majesty quitted this country, and pro

in support of those serious and heavy charges which are made in the pream-lords, undoubtedly, the recital must in ble of the bill, which has already been so much the subject of discussion. Charges which, in the language of the preamble, not only reflect the greatest scandal and disgrace upon the individual against whom they are made, but also reflect the greatest disgrace upon the country itself. The highest indi-ceed, as well as I can, to detail the va vidual, as a subject, in the country, is charged with one of the most serious offences against the laws of God and man. It is that of an adulterous intercourse-an adulterous intercourse carried on under circumstances of the greatest aggravation.

rious facts and circumstances which took place from that period almost to the time I now have the honor of addressing your lordships.

My lords, it is well known to your lordships and the country, that in the year 1814, her majesty, for reasons operating upon her mind, and not by compulsion, as has been insinuated by my learned brothers, thought fit to withdraw herself from this country to a fʊreign land.

My lords, upon the nature of this charge, or upon the importance of this investigation, it is quite unnecessary for me to enlarge. Your lordships, and every individual in the country, are capable of estimating these topics in Mr. Brougham here made some retheir proper light. The only consola-marks explanatory of his own observation, my lords, which I derive under tions on this subject. the discharge of the duty which I have now to fulfil, is, that it calls not apon me to address myself to your Jordships' passions or feelings; and that I shall best discharge it according to your lordships' commands by abstaining from any observation which might tend to aggravate the charge made against so illustrious a person. I shall confine myself, in this stage of the proceeding, to a clear, simple, but full recital, of the facts which are to be alleged in evidence,

The Attorney-General. I beg pardon (cries of “ order, order,”), but if I am to be interrupted, it will be impossible for me to do justice to the task which your lordships have cast upon me. I am sure I shall receive your lordships' indulgence

Mr. Brougham. I did not mean to interrupt the learned person (eries of "order, order.")

Mr. Brougham. My Lords, in all courts, (order, order.)

Mr. Brougham. In every Court, (order, order. Go on, go on.)

Mr. Brougham was reluctantly silent.

My lords, we are now arrived at that period of the proceedings in which silence can no longer be preserved. It is now necessary to state The Attorney-General:--My lords, the charges in the fullest extent in it was, perhaps, more my fault than which they can be laid before your that of my learned friend in alluding lordships and the public; and if in the to what had passed. I will not, thererecital of the circumstances which I fore, take up any fur her time on this have to detail, I shall be under the subject. I was stating, my lords, that painful necessity of bringing before in 1814, her majesty withdrew herself your lordships scenes which must dis- from this country, for the purpose of“ gust every well-regulated mind, trans- travelling upon the coutinent, or viactions which must offend the feelings siting other countries. My lords, she of every honourable and virtuous per went in the first instance to Bruns Gon, I am sure your lordships will think wick, and from thence, after a short that upon this occasion I ought to hold stay, she went to Italy; she arrived at no reserve, at the same time taking care Milan on the 9th of Oct. 1814.-My to state nothing which, in my con-lords, her Majesty, when she quitted science, I do not believe I shall be able to substantiate in proof.

this country, quitted it with persons about her who were precisely such I shall now, my lords, without fur-per-ons as should be about an indivi ther preface, state to your lordships dual of her exalted rank. She was the painful narrative of those facts accompanied by individuals connected and circumstances which are to be with distinguished families in this