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gainst this proceeding the Counsel for the guilt was detected, and vice revealed, said, Queen earnestly protested, and on the mo- 76 If no accuser can come forward to contion of the Lord Chancellor, the House ad. demn thee, neither will I condemn thee: go, journed, in order to give time for consider, and sin po more.” ing this proposition.
Oct. 26.--Dr Lushington was this day Oct. 24.-Their Lordships, on the re- heard for the defence. In surveying this commendation of the Lord Chancellor, de. case, and the charges on which it was termined, that the delay which the Attor- founded, some observations he said occurney-General had applied for, the preceding red to his mind, which he would shortly lay day, in order to bring Colonel Brown to before the House. The first was, the age the bar in justification of the Milan Com- of the Royal Accused. Was ever an inmission, should not be granted.
stance known in the annals of accusations Captain Briggs was then examined, and, of this kind, that the person against whom in reply to the interrogatories of the Attor- the charge was made was of the age of ney-General, distinctly stated, that Lieu. fifty ? No: he would defy any one to tenant Hownam had informed him, that cite a precedent so preposterous or ridicuon the first day Bergami dined at the lous. The next observation that occurred Queen's table, “he intreated her Majesty, to the learned counsel was, that the huson his knees, and with tears in his eyes, band that was now claiming to be divorced not to admit him to that familiarity ; but from his wife, bad been separated from to no purpose.” This question had been that wife by his own voluntary act for upput to Lieutenant Hownam, but he denied wards of twenty-four years. He had been any recollection of the circumstance. so separated from her by his own act-by
At half past eleven o'clock, Mr Denman his own free will—without the slightest commenced to sum up the evidence for the cause on her part at that time, and for the defence, and continued to address their indulgence of his own fancy, he had broLordships till four o'clock, when they ad- ken the solemn bond by which God had journed. On the 25th Mr Denman resum- united him to her. Who then in this ed his address, which occupied the whole House would dare to tell the Learned of this day. It is impossible, in our narCounsel that that husband had any cause to row limits, even to attempt an abstract of complain? Who would dare to say that the Mr Denman's speech ; in the course of King was absolved from the marriage vow, which he endeavoured with great eloquence and whatever prerogatives or licences he to demonstrate to their Lordships, that might claim, no one could dare assert that every tittle of the charges brought against he was emancipated from the law of God? her Majesty had been destroyed by the evi. Let no one dare say that the assertion condence for the defence, with one or two tained in this bill, " that her Majesty was slight exceptions, which had been occasion. further unmindful of her duty,” was true. ed by the impossibility of compelling cer- What duty did she owe? Who had netain persons to come over from the conti- glected the duty to the discharge of which nent to give evidence in her favour. We they were mutually bound? Who created cannot, however, omit the following elo. the separation, and who was it that neglectquent and impressive conclusion.-" This ed the duty by which the high and low inquiry is unprecedented in the history of were equally bound? Would any one the world: the downsitting and the upris. dare say there was one law for an ordinary ing of this illustrious lady have been watch man, and another for a King? Would any ed with the utmost care : scarcely a thought one say that an ordinary man was bound or a word that has not had to pass through by an oath, while a King was not ? And this severe ordeal : her daily looks have was there any one who would not blush to been remarked with unparalleled and dis- hear the manner in which this unfortunate graceful assiduity. The inquisition has woman had been persecuted after she had also been of the most solemn kind. I been driven from this country? The know nothing in the whole race of human Learned Gentleman then proceeded to take affairs to be likened to it; there is nothing a comprehensive review of the whole evi. in the whole view of humanity which can dence, from which he argued that the inbe said to resemble it, but that great day nocence of the Queen was fully established. when the secrets of all hearts shall be dis. And now, said the Learned Doctor, “I closed. He that would bear the sword of leave the cause of her Majesty in your heaven, should be as holy as heaven ; and if hands. I with confidence appeal, not to your Lordships have been furnished with your mercy, but to your justice, for an acweapons and powers, which, I might al. quittal.” most say, omnipotence itself scarcely pos. Oct. 27.-The Attorney-General addressesses, to arrive at the secrets of this illus- sed the House in reply to the Queen's Countrious female, you will think that the same sel. He went again over the whole char. duty is imposed upon you that belonged to ges, and evidence for the prosecution, which the justice, beneficence, and wisdom of he contended was not invalidated by that that benignant Being, who, when even of the defence. He dwelt particularly on
the admission of Lieutenant Hownam, as ty, but from persons who, under the sanca to her Majesty and Bergami reposing in tion of her name, have been giving scope the tent on board the polacca ; which he to the most dark and insidious designs. insisted was sufficient ground, without any To suppose, for a moment, that her Ma. other consideration, for their Lordships to jesty was a party to them, would be to im. pass the bill. The speech of the Learned pute to her Majesty a deliberate design to Gentleman occupied two days.
overthrow the Constitution and Govern. During a pause in the Attorney-General's ment of the country.-But, from my soul, speech, Mr Brougham communicated to I acquit her Majesty of any participation the House that he had received letters of in these shameful transactions; and I have the Baron Ompteda, proving him to have only here to add my hope, that from this been in correspondence with the servants of moment we may hear no more of them. her Royal Highness, and attempting to se. If, my Lords, on looking at the whole duce them to give false testimony against state of the case, you have no more than a their mistress.
moral conviction that her Majesty has been - Oct. 30.-- The Solicitor-General follow. guilty of the charges against her, you will, ed on the same side. In conclusion he obe in that case, act safely, by adopting the served, that there never had come a case be- language suggested by my Learned Friend, fore a court of justice which so effectually (Mr Denman,) and saying to her Majesty, engaged the attention of mankind, and -“Go, and sin no more !” But, my upon which such intense anxiety, amongst Lords, if, after calmly and dispassionately all ranks, had been experienced as to its considering the whole facts of the case, you result. “Every passion has been appealed think that it has been made out so fully, so to by the Counsel for the Queen--they satisfactorily as to leave no rational doubt have well and faithfully discharged their on your minds, then, knowing what I do duty to their Illustrious Client. We have of the assembly I have the honour to ada no complaint to make of the course which dress, I am sure you will pronounce your they have thought proper to pursue, and decision with that firmness which will be we rejoice that such talents as they have consonant with your exalted station." exhibited have been called into action in . At the conclusion of the Solicitor-Gener. the defence of a Queen of England. They al's speech, Mr Brougham made an effort have, I say, appealed to all the passions, to introduce, as evidence, two letters of the in their separate addresses to your Lord. late Baron Ompteda to the Prefect of Poships, which act with energy upon the hu lice at Pesaro ; but these letters were held man heart. They have appealed to the to be inadmissible as evidence at any stage basest of all the passions--the passion of of the proceedings, and on this ground, FEAR!-(Here there was a deep silence.) rather than on account of the irregular peThey have said to a tribunal renowned for riod at which they were offered, they were its integrity, and the boldness and vigour of rejected. The numbers upon the division its counsels, in a tone which was intended were, for receiving the letters, 16-against to intimidate it, but which will fail in its it, 145m-majority, 129. unworthy object one of the Learned The House then adjourned till ThursCounsel has said, that if you pass this bill day, to give their Lordships time to consiyou will pass it at your peril. The word der of their votes. hung upon his lips too long not to be un- Nov. 2.-At half past ten o'clock, the derstood, and was then withdrawn. I am Lord Chancellor rose to address their Lordastonished that such topics should have ships, and said that the only question which been introduced. I am sure they can 01 could be now received was, whether the ly have an injurious effect to the party Bill should be now read a second time. from whom they have proceeded. I know And with respect to the great question bethat they can have no effect on your Lord. fore the House, he would say, that he ships, and that what justice requires you would not feel himself justified in voting will do, without regard to any personal for the second reading, if he was not fully considerations. It is not in this place satisfied that an adulterous intercourse had alone that such devices have been had re- been proved ; and this principle should gocourse to; out of doors the same conduct vern the vote of every member of the House. has been pursued, the same threats, the With regard to what might be expected
same unprincipled attempts have been from him, he would remind the House, · made to intimidate your Lordships. Even that he did not stand in the situation of a
the name of her Majesty has been profaned Judge summing up, but as a Juror adfor the purpose. In her name, but I do dressing to his brother Jurors the grounds · believe without hier sanction, attacks have on which he had come to his decision. been made on all that is sacred and vener. His Lordship then proceeded to show that able, on the Constitution, on the Sovereign, whatever might be its propriety in a conon the Mónarchy, on every order of the stitutional view, the proceeding by a Bill
State. I repeat my belief, that these at- of Penalties, conducted according to the • tacks have not proceeded from her Majcs- legal rules of evidence, is infinitely more favourable to an accused person than a pro- to himself more than that to which he was ceeding by impeachment. It had been ar- justly entitled, that there was no Noble gued, probably with truth, that the Queen Lord present more free from any undue had laboured under difficulties in procur. partialities on this question, or more deing witnesses for her defence greater than termined to discharge his duty, solely and opposed the collection of evidence for the strictly with a reference to the evidence Bill. The whole benefit of that circum that had been adduced at the bar, and to a stance should in their Lordships' judg. view of all the circumstances of the case. ment be allowed to the accused. It had It was his conviction of all the objections also been argued, and perhaps proved, which existed against the bill now under that corrupt means had been resorted to their Lordships' consideration, which had against the Queen; of this too she should induced him, at a former period, to enterhave the benefit, not only by the exclusion tain a wish, that an opening might be left of the evidence which was proved to have for a more regular, and, as it appeared to been given by witnesses, tainted either as him, a more justifiable course of proceed. corrupted or corruptors, but all on which ing than that which had been adopted. the least suspicion can be supposed by a Their Lordships, however, thought other. reasonable analogy to attach. Casting, wise, and the result was the measure betherefore, out of the scale, all the evidence fore them. He now openly and freely acwhich could be doubted, and only connect knowledged, that it seemed to him that ing the evidence for the Bill which stood there was the most decisive and uncontraunimpeached, with the admission of the dicted testimony, that the most improper witnesses produced for the defence, and practices had been resorted to in support of the negative evidence of the witnesses not the bill. He meant no insinuation whatever produced, following this line of argu, against his Majesty's government. He by ment, he had in his own mind come to a no means imputed to them the practices to decision, that the case was proved for the which he alluded; but they existed never. Bill. His Lordship proceeded through theless, and when he took those improper the evidence, and in reference to the practices into consideration, and added to threats which had been most unprecedent. them the circumstance, that one important edly, and most improperly thrown out at the and material witness had been withdrawn, bar, he professed his full conviction, that and was absent from the country, and that their Lordships would disregard them another important and material witness ei. s be just and fear not,” and leave their ul. ther could not, or would not come to the timate reward to the sober good sense of country, he must declare that, in his conthe people of England. His Lordship science, as a juryman, he could not proconcluded by moying the second reading of nounce the case to be one which would the Bill at half-past 1l.
justify the second reading of the bill before Lord Erskine followed. Were the their Lordships. Hear, hear.) In proHouse, he said, sitting in a judicial ca- portion as the evidence by which the bill pacity, he would subscribe to his Learned was to be supported had been weakened, in friend's maxim, “fiat justitia ruat cæ- proportion was not only the justice, but lum,” but here many considerations of even the expediency of passing it diminishpolicy interposed. Lord Erskine proceed. ed. All the objections which he entertain. ed, combating the injustice and impolicy ed against the measure on the score of jusof the Bill until one o'clock, when he be- tice, pressed on his mind with still greater came much exhausted, and at length faint force on the score of expediency. He did ed. He was carried out by Lords Grey and not wish to detain their Lordships by an Holland, and the House adjourned for a enumeration of those objections, he was quarter of an hour. At the expiry of the sure they would have the candour to allow period allotted for the adjournment, Lord that they were extremely numerous. There Erskine remaining in nearly the same was one circumstance especially which he state, Lord Lauderdale resunied the dis- could not exclude from his consideration, cussion, and argued in favour of the Bill. and which he trusted their Lordships would
The Earl of Rosebery begged to offer not exclude from theirs, notwithstanding all his sentiments to their Lordships, more that had fallen from the Noble Earl on the from a wish to satisfy his own conscience cross-bench, (the Earl of Lauderdale ;) he than from any presumptuous supposition meant the probability, should the bill pass that it would be in his power to influence their Lordships, that it would be rejected in them in their decision on the grave and the other House of Parliament. This was important question before them. Feeling, a probability that, in his opinion, ought to however, as he did, the great impropriety be gravely weighed. He was the last man and evil of passing the present Bill, he who would wish their Lordships to be influwas certainly desirous of occupying a few enced by any expression of feeling out of minutes of their Lordships' time, with a that House, which assumed the shape of brief declaration of his opinion. This, he popular clamour ; but while he disclaimed trusted, he might say, without arrogating all disposition to yield to any expression of that nature, he trusted their Lordships November 1817, and Majocchi two months would allow him to observe, that the deci. before that period ; and that all the proof ded sense of the most important and most in the case was confined to the time these inintelligent part of the community appeared dividuals were in the service of her Majesty. to be hostile to the Bill before their Lord. - Hear, hear.) From the time they left ships.- Under these circumstances, and the Queen not an atom of proof, not the with a view to the various considerations slightest imputation of improper conduct bearing upon the case, he implored their had been tendered against her Majesty.-Lordships to pause in their course. He (Cheers.) With respect to the tent scene, implored them to act according to the dic- so much relied upon by the advocates for tates of that benevolence which forned so the Bill, the Noble Lord contended that it valuable a feature of the English character. afforded no proof of guilt. All the circumIf there was any doubt in their minds as to stances appeared to him consistent with the the proof of the charges which had been pre- most perfect innocence of intention. Was ferred against her Majesty--if there appeared it possible (he said) that two persons, who to be any deficiency in the evidence brought had been gratifying their passion all night, to their bar, he trusted that that considera- could not abstain from the same indulgence tion, coupled with the question as to the ex. in the day; and that so extraordinary was pediency of the proposed measure, would in- the appetite, that they could not help exduce them to abstain from passing a mea- hibiting before the whole crew ? It would sure, the consequence of which would, in appear as if Noble Lords had thought it to his opinion, be of the most mischievous be her Majesty's practice to say, Now the kind; consequences that threatened with fit is upon us, let down the curtain, every destruction all our most venerable and sa- body knows what for. If adultery was to cred institutions. Such being his view of be carried on, why had not the part chosen the subject, he could not, with any satis- for the entertainment been below the deck, faction to himself, withhold it from their where no interruption could have taken Lordships, and he now, therefore, declared, place, and where the sailors could not have that whenever the question for the second had access, as they had at all times to the reading of the Bill should be put to their tent and other parts of the deck ? Now, Lordships by the Noble and Learned Lord when the situation of persons on board ship on the Woolsack, he should feel it his duty was considered a place where the most to say-Not Content. (Hear.)
delicate female was obliged to resign all Lord Redesdale thought the proof was ideas of delicacy-where, as Sir W. Scott full, complete, and absolute ; and could said, all persons, male and female, were not conceive how there could be a doubt on cooped up into miserable intimacy, and the subject in the mind of any reasonable where every word and action were known man.
to all on board to suppose that a guilty Nov. 3. Earl Grosvenor warmly and de- intercourse had taken place under such cir. cidedly opposed the Bill of Pains and Pe- cumstances was too much-to give a vernalties ; and declared that the evidence, in dict to that effect (said his Lordship) was his opinion, entirely failed to support the against common sense !-(Hear, hear.) charges against the Queen. He said, in The Earl of Liverpool followed, and the course of his speech, that he understood spoke in support of the Bill until the hour that when the Archbishop of Canterbury, of adjournment. at the commencement of this reign, car Nov. 4.-The Earl of Liverpool resumried the Liturgy into the King's closet, it ed his comment upon the evidence, and was the King himself who struck out the after a long and elaborate review, came to name of the Queen.
the conclusion that the Queen was guilty. Earl Harewood declared that the evidence Lord Arden said, he felt it his duty to left doubts in his mind; and that, though oppose the second reading of the Bill, and he was not clearly convinced of the inno- thus do all in his power to spare the Crown cence of the Queen, he was clear as to the the odium which such a measure would inexpediency of passing the Bill.
cast upon it. The Earl of Donoughmore spoke in fa. Lord Falmouth declared his objection to vour of the Bill. He could not see how it the Divorce Clause, and he trusted it was possible to pronounce any other verdict would be removed in the Committee, than that of guilty of what had been prov. otherwise he could not give his vote for the ed regarding the cohabitation for five weeks second reading under the tent.
Lord Harrowby said, although he had Earl Grey took a review of the evidence, concurred in bringing the Bill before the and argued strongly against the Bill It House in its present shape, yet if any diswas not a little remarkable, he observed, cussion took place in the Committee as to that the principal witnesses in support of the propriety of omitting or retaining the the prosecution, Majocchi, De Mont, Sac. Divorce Clause, he should oppose it. chi, and, he might add, Rastelli, that they (Hear, hear.) were all four discarded servants of her Ma. Lord Ellenborough was decidedly oppa. jesty ; that three of them were dismissed in sed to the second reading ; to proceed furVOL. VII.
ther with it he thought impolitic and life, and of great grossness and indecency inexpedient; yet it could not neces in other respects. At the same time, he sarily be thought that all those who opposed could not forget that her conduct might the second reading were of opinion have been of a very different complexion, that the Queen was innocent.-- Hear, bad she been placed in different circumhear.) The course the debate has taken star.ces with reference to the Sovereign. imperatively called for some declaration of He could not forget the unfortunate situa. his opinion upon the point. “I cannot," tion in which her Majesty was at a former said the Noble Lord, a declare the Queen period placed in this country. It was not innocent; I am unwilling to think her probable that, under any circumstances, ber guilty; her guilt has been proved by the Majesty would remain in this country, evidence at the Bar.”
where she could not expect to have very His Lordship then proceeded to contend agreeable or comfortable society ; and there that a Bill of Pains and Penalties was im. fore the rejection of the Bill would not politic, and that the disgrace and degrada- operate injuriously in that respect. Being tion the Queen had entailed upon herself decidedly hostile to the measure, and being and her high station, might be adequately persuaded that it would be rejected in punished and recorded by an address re- some stage or other, he thought the sooner presenting her conduct to the Crown. it was got rid of the better, and should
Lord Erskine resumed bis speech against therefore vote against the second reading. the Bill; and contended that the credibility Lord Grantham, although he was not of the principal witnesses for the prosecu- convinced of the Queen's innocence, would tion had been destroyed. “I declare (said oppose the Bill. bis Lordship) as my firm and unalterable The Earls of Blessington and Gosford opinion, that a cause of this nature, usher. also opposed it. ed in and pursued by witness after witness, The Duke of Atholl spoke in favour of perjured and exposed as in the instance the Bill. before us, could not be supported in any of The Duke of Somerset opposed it. our Courts of Justice. Were I Judge in Lord Grenville spoke at great length in such a cause, I would not advise a Jury to favour of the Bill.- In the view which he find a verdict against a defendant, and took of all the various parts of the case, he were I a Jurgman, I would not follow such thought it his duty to vote for the second an advice."
reading of the Bill. In coming to this Lord De Dunstanville and Lord Man conclusion, he did not exclude the expedi. ners spoke in favour of the Bill.
ency of the measure from his view, nor did The Duke of Newcastle said he had been he overlook the present alarniing state of prevented by domestic business from being the country; but all the eloquent appeals present during the defence; but he had which he had heard had not produced in read over the evidence, and his opinion was his mind the conviction that there would that the Queen was clearly, indisputably, be less public mischief occasioned that and incontestibly guilty, not only of the the public evil which was now hanging alleged adultery, but of conduct in other over the country was more likely to be a. respects disgraceful and degrading. verted by the sudden termination of the
The Marquis of Lansdowne argued with present proceedings, than by the second considerable warmth against the Bill. With reading of this Bill. (Heur.) regard to the scenes on board the polacca, The Earl of Rosslyn argued against he could not help regretting, that her Ma. the Bill. At one time it was a Bill of Rejesty should have placed herself in a situa- lief to the Sovereign, at another it was a tion in which, though in his mind tbere State proceeding, in which the State was was no sufficient proof of her guilt to au. the prosecutor-that led himn to consider thorize the passing of the present Bill, yet the character of the Queen as connected it was impossible for her Majesty to prove with the country. As Queen Consort she her innocence.
was entitled to certain privileges and to cer. Nov. 6.—The Marquis of Lansdowne tain protection, which it was the object of concluded his speech by stating that the re- the Bill to withdraw from her—that was moval of the Divorce Clause would be an to be done at the instance of the State. aggravation of the penalties of the Bill on Now, he wished to know whether the her Majesty, instead of a mitigation. State was entitled to do that?- What was
The Duke of Northumberland spoke in the conduct of the State towards her Ma. favour of the Bill.
jesty ? Was she to be treated as the wife Lord Howard, Lord Enniskillen, Lord of the State ? If so, were they to forget Calthorpe, and the Marquis of Stafford, the acts of the State ?-the encouragement spoke severally against the Bill.
that had been given to the Queen by the Lord De Clifford was perfectly satisfied State ?-the Address of the House of Com. from the evidence that her Majesty had mons to her Majesty, condemning the probeen guilty of an adulterous intercourse ceeding against her as derogatory to the with a person in the lowest condition of dignity of the Crown, and injurious to the