liminary knowledge which the law required that he should have, he would, in all probability, succeed in setting the verdict obtained against him aside. This was the spirit of the law of Eng-course of impeachment; but what fresh land, which he recommended to their difficulties and dangers would have enlordships' imitation, because it was a circled her Majesty, if that had been law of humanity and mercy. He would the case? No precise specification of have them more especially, as they pro- the charge would be made: the evifessed to do it, imitate the practice of dence, would not be upon oath, and fresh and amended charges might be brought forward every day. In the

government. Towards the accused no. course could be more advantageous than the present. The noble earl who spoke last, would have adopted the

the courts.

The Earl of LAUDERDALE expatiated on the impropriety and in-present course, however, a specificaconveniencies likely to result from granting the request, and was, therefore, adverse to acceding to the proposition of her Majesty's counsel.

The LORD-CHANCELLOR said, that when a counsel opened his case, he thereby gave a pledge to the court that he was ready to call his witnesses immediately after, and to close it in whatever way it should direct, and that the law did not admit of any reliance being placed on the discretion of counsel; and therefore declared on his honour as a peer, and his faith as a man, he could not conscientiously give bis assent to the application of her Majesty's counsel.

Earl GREY thought that some mis apprehension existed as to the nature of the proposition made by her Majesty's counsel. As he understood it, the object of it was, not that they might have the option of suspending the defence, either after their opening statement, or after examining some of the witnesses on their side, but to have the privilege of suspending it in the former particular only. The latter request could not, he thought, be refused either in justice or humanity, but he was very doubtful whether he could vote for the other.

tion of the charge had taken place with as much precision as possible; for the` very individual with whom the adultery was charged to have been committed, was pointed out: and in this House, the testimony was given on oath, affording an opportunity to the accused of cross-examining the witnesses, an advantage which the rules of the other House did not admit of. Upon the whole, his lordship conceived, that if the House allowed the Queen's counsel to break off in the middle of his case, they would permit him to enjoy a most partial and unequal advantage, which was refused to the counsel for the Bill, and their lordships would be guilty of an act of flagrant injustice.

Lord LANSDOWN did not precisely know what motion was before the House, and he requested the LordChancellor to give some information about it.

The LORD-CHANCELLOR.—The motion is this-That counsel be called in and be informed, that if they now proceed to state their case, they must, on their closing that statement, if they mean to adduce proofs, that they must, go on with them; but if not, that the House now adjourn for such reasonable time before the case is stated, that the counsel for her Majesty shall propose, in order for them to proceed.

Lord LIVERPOOL.—If the advantages in the case were equal, he would most readily allow her Majesty to have Lord LANSDOWN said, that althe benefit of what was now asked; though he was not so well acquainted but the injustice would be so mon- with the course of proceeding in the strous, if the Queen's counsel were al- courts below, yet, as far as he knew lowed to state their case now, and call any thing of the practice, this was the their evidence at another period, that most unusual course of proceeding. be could not for one momeut accede ever adopted in any court of judicato such a proposition. It had been ture whatever. He would say that, again stated by the noble earl who if in answer to that communication, spoke last, that the present inconve- the learned counsel at the bar should ence arose entirely from the course state that he would enter into no such of the proceeding taken on the part case, but that he would reserve himself of his Majesty's government. His open for his client to make such an lordship would now, as he would al-application as she should think fit, atways, repel that attack on his Majesty's the time, and under the circumstances.

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Lord CALTHORP expressed his opinion, that on all occasions the prac tice of courts of justice ought as much as possible to be adhered to. He thought that the House deviated in some respects from the strict rules of the courts, particularly in the great latitude of the examination they allowed to the counsel for her Majesty-that indulgence was however granted to them as an equivalent for refusing the list of witnesses; and considering how sparingly counsel availed themselves of that power, it appeared to him that the House ought not to withhold that indulgence, the high character of her Majesty's Attorney-General was a guarantee that he would not abuse the indulgence.

Lord REDESDALE was of opinion that they ought in the first instance to have proceeded by impeachment, but he felt bound to oppose the motion; because, the object it had in view was impracticable, and it would establish a precedent most mischievous.

of the case, according as the necessity strongly protest against it. (Hear, shall arise, the counsel will do no more hear, hear.) He protested for one, than the duty which he owes to his under a deep sense of his duty, from client, and he believed that no counsel being bound by any such intention. who had ever appeared at their lord- He for one would not call on counsel ships' bar, would feel bound to enter at the bar to do that which in his coninto an engagement such as that pro-science he believed would betray the posed; for a more extraordinary pro-interests of his client. (Hear, hear.) ceeding in a court of justice, he never knew or heard of (hear). That court of justice itself interrupting the course of its own proceedings,-(hear, hear) for the purpose of entering into a treaty, hear, hear, hear) and concluding a treaty with counsel at the bar. This, my lords, is the most extraordinary proceeding that ever ap peared before any court of justice. For what was it that was proposed to be done? Why, it was, that the learned counsel at the bar should be called on, he being ready to proceed, who states, that he is ready to proceed, and who has a right to proceed. (Hear, hear.) That, in the state the case is in, he shall be teld, "you shall not proceed wuless you will undertake in no case whatever, and under no circumstances whatever, not knowing what the bearing of the evidence will be on the case, with which you are entrusted, you shall undertake to make no application to this House (lond eries of "hear,") in whatever situation you may be placed." The House then says for itself, "We, on the other hand, in return for this concession which we demand from you, will undertake to bind ourselves; and say what you will, let what circumstances will arise, let the varying forms of justice, as arising out of the state of the case, be what The LORD-CHANCELLOR then they may, we will bind ourselves to put the question, whether the adjournlisten to no circumstances (hear, hear,ment which may be required for bring. hear); to shut ourselves up, to close our ears to the cause of justice which ever way it presents itself, and hind ourselves by this most extraordinary treaty publicly between the Queen's judges and the counsel at the bar. (Hear, hear.) The noble marquis then proceeded to say, that they had heard too much of this case before them, and which he thought was against the character of the crown, It was a proceeding which had been the subject of much sorrow to every reflecting mind as well as regret. As to any thing like a treaty or contract, or any thing like a protocol sort of proceeding between the judges of this House and the counsel at the bar, he should for one most

Lord DARNLEY considered that in point of public justice they ought to allow her Majesty's counsel to state their case and to examine the witnesses now within their reach, and then to adjourn until the remainder of their witnesses should arrive.

ing up her Majesty witnesses shall take place before counsel have stated her case, or afterwards. It was decided, on a division, that connsel must either adjourn that defence altogether at present; or if not, must go into evidence immediately on closing their statement

by a majority of 160 to 65.---Counsel were then called in, and informed of the resolution to which the House had come.

Mr. BROUGHAM now begged to be permitted to comment upon the evidence which had been laid before the House, pledging himself to abstain from any allusion whatever to the evi dence which he might or might not think it necessary to adduce.

The LORD-CHANCELLOR thought | worthy feeling, my learned friends and such an indulgence incompatible with myself are desirous that the delay the resolution to which the House had should be as short as possible. I ra just come. ther exceed than fall short of the limits her Majesty has been pleased to assign to our request, when I ask your lordships to allow us to about Monday fortnight for that purpose.

Lord ERSKINE differed with the noble lord, and moved a resolution for agreeing to the proposition of the learned counsel.

The question was put, and the House divided Contents, 49-Non Contents, 170. Majority, 121.

Counsel being again called in, and informed that the request of Mr. Brougham had been refused,

Mr. BROUGHAM begged to be permitted to have till to-morrow to consider of his final determination. Adjourned.

SATURDAY, September 9th. The LORD CHANCELLOR Mr. Brougham, the House are desirous of knowing at what time it will be most convenient for you to go into the case of her Majesty?

Lord LIVERPOOL rose and said, he could not possibly conceive that any difference of opinion could arise in the House as to the nature of the application made by the learned connsel at the bar, because in his judgment the time for beginning her Majesty's defence ought to be left entirely to the discretion of her Majesty's counsel. No personal inconvenience to the members of the House, individually or collectively, ought to influence their lordships upon the question now proposed, and he trusted that it would be received with unanimity.

Lord DARNLEY said he concurred with the noble earl, that the learned counsel had a perfect right to fix any Mr. BROUGHAM.-My lords: her day most convenient for them to go Majesty's counsel being most willing into the defence of their illustrious to give the House a full and satisfac- client; but if he understood the learned tory answer to that question, thought counsel rightly, he had not announced it their duty to wait upon her Majesty any definite or precise day when he last night, and, in concurrence with proposed to open the case of her Mathe opinion of my learned friend, Mr.jesty, for he had used the words "at Williams, who, in consequence of his own professional duty, has been obliged to leave town for York, we have come to a determination upon the subject, which we trust will meet your lordships' convenience. The decision which your lordships came to yesterday, namely, not to allow any commentary in this stage of the proceeding upon the evidence adduced in support of the Bill, was communicated to her Majesty. We then received her Majesty's commands to inform your brdships, that we shall be ready to proceed as speedily as possible to answer e case made out for the Bill, and to tender evidence in defence of her Majesty; but as this will require a few days preparation, and as that task will devolve to one of her Majesty's advisers, in a different branch of the profession, probably your lordships will grant a short delay for that purpose. Her Majesty's anxiety to proceed in her defence, continues not only unabated, but is rather more increased by some of the proofs against her, and looking to that very natural, and I shall take leave to add, that praise

or about, or somewhere about Monday fortnight." He should therefore hope that the learned counsel would fix the latest day, if he conveniently could, without detriment to her Majesty's interests, at which the proceedings in this solemn inquiry were to be resumed. It would not become his lordship to suggest any particular day, but it was desirable that her Majesty's counsel should name precisely the latest day, when it would be most convenient for them positively to proceed in the defence. This arrangement would remove all doubt or confusion upon the subject.

Lord GREY agreed with his noble friend who spoke last, and with the noble earl who preceded him, that the House was bound to attend to the convenience of her Majesty's counsel as to the time when they should be prepared to enter into her Majesty's defence; but as it had been stated by the learned counsel at the bar, that he should be prepared by Monday fortnight, he hoped he should not be considered as in any degree interfering with the discretion which the learned

counsel had exercised, by observing that it would be utterly impossible for men bers, who, like himself, resided at a great distance from the metropolis, to bestow that attention which was due to their family and domestic affairs, which had been so long neglected, in the short interval of delay proposed. To himself such a delay would be pregnant with the greatest possible inconvenience. He only hoped, that as the learned counsel would be prepared by Monday fortnight, there would be no objection to a much longer delay; which would, in some degree, alleviate the inconvenience to which he alluded. Even noble lords, resident near the metropolis, could not be insensible to the disadvantage which their private and domestic affairs laboured under, in being absent from their families at this period of the year (hear, hear); but to those who resided at a distance the mischief was incalculable. Matters even of public as well as a private nature, demanded their presence in the conntry; and taking these circumstances into consideration, he did hope that a much later day than Monday fortnight would be proposed for resuming the proceedings (hear, hear, hear).

was a matter which should also be taken into consideration. (Hear, hear.) The LORD-CHANCELLOR expressed his gratitude for the very flattering manner in which his name was mentioned, and the manner in which it was received. He felt it his bounden duty to declare that no consideration of personal convenience should weigh with him in the discharge of his present painful duty. So long as it was in his power he should continue to discharge that duty to the last, however disagreeable. (Hear, hear.)

Lord ROSEBERRY thought the request of her Majesty's counsel ought to be the rule to govern the House; but if a delay of three weeks would not interfere with their arrangements, probably it would be acceptable.

The Marquis of LANSDOWN said, that unless it was a matter of indif ference to her Majesty's counsel, the house ought not to exceed the time they had prescribed.

Lord LAUDERDALE reminded the House that the learned counsel had told their lordships, that in naming Monday fortnight, they had exceeded her Majesty's wishes. Personal inconvenience ought to have no weight with the House, and he therefore objected to a farther postponement, in consequence of what had been stated by the learned counsel.

Lord HARROWBY observed, that as the learned counsel had not stated with precision the very day on which he should be prepared, it was desirable that the house should not separate without some certainty upon the subject.

Lord LIVERPOOL apologized for again trespassing on the attention of the House. His opinion undoubtedly was, that the House ought to be governed entirely by the wishes of the learned counsel; but, if personal convenience ought to have any weight at all upon the question, and an adjournment for a few days longer than the period proposed was thought desirable, he should be the last man to interpose Lord GREY proposed that the counany objection. His own personal ob- sel should be asked if they would be jection was out of the case. If, how-ready next Monday, and intimated ever, there was any peer in the house that if their answer was in the affirmawhose personal convenience ought to tive, he should move that that be the be attended to, it was that of the noble day for proceeding on her Majesty's and learned lord on the woolsack, defence. whose judicial situation, and his duties in this house, literally occupied the whole of his time from one end of the year to the other, with the exception of the period when the House was not engaged in business of this description. He really did think that if personal convenience was to have any weight, it was that of his noble and learned friend, which ought to influence their decision (loud cheers), in order that he might have an opportunity of reeruiting his health. His time of life

Lord LIVERPOOL suggested the propriety of asking the counsel what was meant by "at or about Monday fortnight."

The LORD-CHANCELLOR put the question to the learned counsel accordingly.

Mr. BROUGHAM replied, that he had used those words, because his learned friends and himself were unwilling to take upon themselves to fix the precise day, inasmuch as the conwenience of her Majesty's solicitor

mast be consulted in the preparation | inconvenience of sitting so long was much felt by many of their lordships, and he wished to avoid this by not continuing business longer than four o'clock.

of instructions, &c. He had no objection, however, to state now, that although her Majesty was very anxious from motives, which he trusted would be duly appreciated by the House (hear! hear!) that the very earliest day should be fixed, yet he would take upon himself as one of her Majesty's law advisers, in concurrence with the learned friends near him, and more especially with the approbation of his learned friend, Mr. Vizard, her Ma- Lord HOLLAND wished to know, jesty's solicitor, whose approbation on if any, and what alteration, was ina question of this sort was of more im-tended in their lordship's hour of proportance, considering the part of the ceeding on this important subject? case which was entrusted to his care, to submit that the defence should be postponed until Monday three weeks, a delay which would suit all purposes, if it should be found convenient to the House.

The LORD-CHANCELLOR said, it was his duty to mention this subject, and he now begged to be allowed to ask at what hour their lordships wished to adjourn?

Lord ERSKINE, as we understood him, had no objection to that hour.

Lord MELVILLE thought a postpouement of three weeks more objectionable than a fortnight.

The LORD-CHANCELLOR.-Is it your lordships' pleasure, when the House meet again to proceed on this business, that counsel be called in at ten, and end at four?

The Duke of MONTROSE, having

Earl GREY said, that in conse-received a letter from a member of quence of this intimation he must apply the other House, Mr. Wm. Burrell, to the House for permission to absent stating the impossibility of attending himself on account of urgent private at their lordships' bar from ill health, affairs. requested to know if their lordships would allow him to be examined by a commission? He understood it was the intention of the other House, when they met, to move that a commission be appointed for the examination of such witnesses as could not attend. It might be right to mention, that Mr. Burrell said, he was not aware of his having any thing very material to state.

Lord ERSKINE said, he considered the presence of his noble friend so impertant in the present grave inquiry, that he should certainly oppose the application for his being absent.

After a desultory discussion of some length, in which Lord Grenville, Lord Darlington, Lord Rolle, Lord Liverpool, Lord Lauderdale, Lord Falmouth, Lord Redesdale, the Duke of Athol, and Lord Holland, took part, the ques tion was put from the woolsack.

"That the further proceedings on this Bill be adjourned until Tuesday, the third of October:" and it was carried in the affirmative.

The LORD-CHANCELLOR asked their lordships if they had any objection that Lord J. Montague and Mr. Burrell should be examined by a commission abroad, the state of their health not permitting them to attend at their lordships' bar.

Lord LIVERPOOL was of opinion that the statement made by Mr. Burrell, confirmed the objections he had already taken to the appointment of a commission. In certain cases, if it were done with the consent of parties, its consequences might not be very injurious. But where some witnesses might be highly important, and others not-and indeed, in either case, their lordships should deliberate well before they acceded to the request of the noble Duke. He took this occasion of submitting whether a peer absent from ill health should take an oath, or be on his honour as to his being so?"

Lord ERSKINE said a few words, which were altogether inaudible.

Lord ROSSLYN considered it important to the interests of the Queen, that the indulgence prayed for should be granted.

Lord LIVERPOOL was of opinion, if this request were granted, that it would be pregnant with very dangerous consequences. And now with respect to the hour of commencing and ending the proceedings, he considered their The LORD-CHANCELLOR.—Mr. lordships would gain more by not sit-Attorney-General, I am informed that ting from four to five, than if they pro- two witnesses on the part of her Matracted their sitting to that hour. The jesty, Lord F. Montague and Mr. Wm.