courts, under the guidance of ance of their duty; if it was upright Judges, had a counsel their final command that her been called upon to cross-exa Majesty's Counsel, during the mine as he (Mr. Brougham) remainder of these proceedings, would be called upon, if their were merely to sit at their lordlordships laid down the rule ships' bar, and grace by their against which he now contend-corporeal presence the business ed? To call such a mode of of each successive day; if that, proceeding a cross-examination he repeated, was their lordships' would be a mockery of the irrevocable decree, then he term; to tell a counsel that hoped at least that he and his he might cross-examine after learned friends would be perthe manner he was allowed mitted to revise their first resoin a court of law, and to tell him, lution of trying to assist her in the same breath, that he Majesty in the conduct of her must lay a ground for each ques-defence. He still, however, retion, and have it then put ex lied upon the sense of justice gratia by their lordships, was which must ever reign in their to render his task a nullity, and lordships' breasts, and that the a mockery of the sanctioned influence of that good feeling practice before the Judges of would save her Majesty's Coun the land and this, too, was to sel from being placed in such a be conceded as a favour, which, predicament. It was fit, before in any of the courts below, and he concluded, that he should from any of the revered Judges correct himself respecting a who presided in them, he should statement of their lordships' midisdain. to accept in any other nutes, if they would so far perway than as an undoubted right. mit him to aver against the reIt was on these grounds he cord. It was stated, that when humbly submitted to their lord- he had a former witness called ships, that they would not now back, he wanted merely to inplace him in a different situa-quire into one specific fact, tion from that in which he sup- without going into any furposed he stood, by their lord- ther examination, but that ships' considerate attention. He the limits prescribed had been hoped now, that the expecta- exceeded. He admitted the tion held out to the counsel for irregularity of such a course, the Queen were to be realized, but only wished to pledge and that they were not to learn himself not again to ask for that their lordships' rule of one the re-examination of a witness day was not to be their guide until he came to open his for another. If it was the will case for the defence. Iu any and pleasure of their lordships thing that had occurred, he by that the counsel for the Illustri- no means meant to yield his ous Accused must act under re-right to pursue that line of amstrictions like these, which tra-ple cross-examination for which melled the fair and full perform-ke now humbly, but he trusted

was a

effectually, contended at their who had not been interrupted lordships' bar. He concluded while expressing his most satisby apologising to their lord-factory approbation; it ships for the time he had occu-tribute from one who the pied them, and for which the high office of the King's Solicionly excuse he had to offer was tor-General; it was of consithe paramount importance of derable value, and he (Mr. the point for which he con- Brougham) trusted it had been tended. received by the House with be

Mr. BROUGHAM then com- coming gratitude. Let it be remenced his reply to the Attor-collected that this came from ney and Solicitor-General, by the Solicitor-General; the only stating, that little had been of-lawyer, at least the only acfered on the other side requiring complished lawyer of the proan answer. He could not, how-fession, according to the opinion ever, allow their lordships to of some of his friends, who, by separate without setting himself the by, monopolized that opiright with regard to misquota- nion as he did the knowledge of tion (undersigned of course) the law. (Laughter.) The Sowhich he was supposed to have licitor-General had too a most made from their lordships' Jour-able coadjutor, and between nals. It was easy to mis-state a them both it might be said that case, and easier to assert that a they had exclusive possession of case had been mis-stated. The all law, all the wisdom, all the Counsel on the other side were talent, and all the accomplishvery sharp, but it would have ments on the present occasion. been well for them to have been In truth, the counsel for the accurate as well as sharp. The Queen had only one or two Attorney-General had fallen into books to which they referred, an error, though he was aided and which they held up as a and accompanied by the Solici-screen against the desperate setor-General, who generally verity of the attack just made spoke with great contempt of upon them. Much had been every body but himself, and their said regarding the case of the lordships. He (Mr. Brougham) Duchess of Norfolk; but while made this exception, because his learned friends, relying on the Solicitor-General had been their own resources, only furpleased to bestow his high com-nished themselves with Cobmendation upon their lordships: bett's State Trials, he and the though not lawyers, in the ex- Queen's Solicitor-General had cess of his approbation he had been obliged to provide themadmitted, that their lordships selves with the original Journals had put some questions to the of the House, The other side witnesses in a form sufficiently relied on the octavo edition, judicious. (Order, order.) He while the original folio, which was merely repeating what had would be evidence in a Court of been said by his learned friend, Justice (if he might be allowed

to state what would be evidence, whether she had been servant not so much in the face of the to the Lords Ferrers and Dejudges of the land, and of their von, and whether at the time lordships, as in the overawing of examination she lived at her presence of that greatest of all own cost and charges: to the law authorities, the Solicitor- last, much to her credit, she anGeneral, by whom he had been swered in the affirmative. Then rebuked' within the last half she was sworn, and not till then; hour,) had been produced in and the same mode was pursued opposition to it. From that fo- with 20 other witnesses, one of lio it was evident that all that the last of whom was Richard the Attorney-General advanced Owen, and he was asked whewas founded in error, and that ther he was kept by the Duke all that he (Mr. Brougham) had of Norfolk. But, said the Atsaid was confirmed by indisput-torney-General, from his great able fact. God forbid that he authority, Cobbett's State Trials, should glory or triumph over no copy of charges and no list the amazing powers of his of witnesses was given; but learned friends; but it did hap-from the Journals it was clear pen, that about half an hour ago, that the contrary was the truth, and in this House, for he had no The Duchess petitioned for them, objection to specify times and but a difficulty was for a time places with the utmost possible thrown in the way by a Latin precision), he had read the 46th protest delivered in by the Procand 47th pages of the Journals tor, which, for the more easy. of the House of Lords, where comprehension of the House of was stated the whole of what he Lords, must first be translated had ventured to submit. It there into the vulgar. At length, appeared that the prector of the however, the list was furnished, Duchess of Norfolk, had asked and most complete it was, for it many questions of the witnes- went over the life and occupases, in order to furnish himself tion of every witness for six or with the means of ascertaining eight preceding years, and then their conduct and character: he three further days were allowed had inquired of Margaret Ed- to the Duchess for inquiry.monds where was her last Therefore, he said, with all pos abode, whether she was single sible humility and deference to or married, with whom she now the learned self-complacency lived, and other interrogatories of the Solicitor-General, with of the same sort; after which whom he was far indeed from she was sworn, and not till then. putting himself in competition, The same course was pursued for all that he (Mr. Brougham), with Anne Burton; she was had acquired had come rather asked if she were a maid (he had ventured to put no such question to the witness of Saturday), whether she always had lived in Chancery-lane; he had made.

by the grace of God than by any industry or merit of his own, that the case completely bore him out in all the observations

The

A

begged TORNEY-GENERAL learning and greatness he could

mark that the charges against the Duchess of Norfolk only included a period of five months, and not of five years,,

allowed to re- condescend to mis-state the arguments used against him. He (Mr. Brougham) felt the highest admiration for the great man of whom he was speaking; - Mr. BROUGHAM, answered, nothing he could say could add that if time were of any conseone leaf, to the wreath of laurel quence to his argument, he could he had obtained--nothing. he show here that the Attorney- could advance could give one General was again in error, for more spark to the glory both the specification allowed to the he (the Solicitor General) and Duchess extended from Janu- his powerful coadjutor had been ary, 1685, to August 1691; and daily increasing during this, inif the same course had been vestigation, and before the paadopted with regard to her Ma-trous of this Bill, to whom they jesty, she would at this moment were indebted for their wellhave stood before the world in merited professional promotion. a very different situation. So. Proprio marte they had acmuch for the Attorney-General. quired immortal reputation, and He (Mr. Brougham) feit infi- melancholy it was to reflect, nitely more awe in approaching that even these men, the most his most learned coadjutor, be- illustrious and exalted of their cause he knew his habit always species, had still some taint of was to tell the opponent who the frailty of our common na“touched near him”"Go a- ture. Not only had they misway, Sir, you are no lawyer-stated arguments, but they had you can be no lawyer-you are substituted one for another. He only the Queen's Attorney-Ge- (Mr. Brougham) had never said, neral, but I am the King's So- that in a civil suit the defendant licitor-General; therefore I am a was entitled to a particular of lawyer, and a most accomplish- time and place, but that he had ed lawyer." That was a fact a right to such a particular, as, he (Mr. Brougham) could not added to the contents of the dispute or traverse, and that declaration, made it a matter alone was enough to deter him of absolute certainty that he, from attempting to grapple with could not be taken by surprise, any of the arguments adduced: but must come prepared into, hẹ felt a conscious inferiority: Court. If this were not furhe was aware that he was far nished, a Judge would make below the King's Solicitor-Ge- an order for the purpose, and neral in rank and in knowledge in his own little experience the Solicitor-General might say (never comparing it with that that he was only a little lower of the King's Sclicitor-Genethan the Angels," and a very ral) this had been done over little it was, if his own opinion and over again. But this was were to be taken the wonder not a civil action, nothing like therefore was, that with all his a civil action; and he asked, whe

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ther, in all criminal proceed-1 and Canal Bills? The argutings, certainty was not by lawment had been pushed even thus secured to an individual accused? far; it was said, that it was betA man committed for a felony ter that the individual in this to York Castle, and put in a particular case should suffer course of trial in Yorkshire, than that a permanent' rule, knew that the offence must be should not be established.-charged to have been committed Surely this argument, if good there; but here the crime was for any thing, might be pressed extended over many years and both ways, for he might ask over many quarters of the globe: their lordships to lay down a Europe, Asia, and Africa were rule favourable to the Queen, charged as the scenes of her and pressing hard upon her acMajesty's adultery. In the same cuser, in order that in future it way an indictment was not for might be adhered to inflexibly.. a series of felonious acts: it was Why was all the load to be cast for picking the pocket specifi- upon the weaker party? Why cally of A. B., and not for a was a rule to be made at the pocket-picking intercourse of cost of the Queen only? The seven years of a man's life; and rule of law, and the ordinary there was hardly an instance of merciful presumption of judges. a person being put upon his was, that it was better that ten trial in this country who was guilty should escape than that ignorant of the precise nature one innocent should suffer; but and extent of the charge, and of now it was to be reversed at the the place where the offence was instance of those two sages of alleged to have been perpe- the profession, and ten innocent trated. A great deal had been were to be punished that one said about the necessity of lay-guilty might not avoid the meing down a rule as a guide for rited sentence. But the Queen the future: far be it from him was in a situation of great disto object to the utmost regu-advantage compared with her larity, but it did seem a little prosecutors; her acquittal, nay, strange that all of a sudden even her conviction, could not men's minds were directed to be pleaded in bar of any further proceedings of this kind, as if proceeding: this Bill might be Bills of Pains and Penalties were withdrawn and amended, again hereafter to form a great chap-withdrawn and again amended: ter in the law of the land. Re-toties quoties new measures solutions might be made by the might be offered to their lordHouse not to draw certain mat-ships against the Queen, and, ters into precedent, but that session after session, she might was a bungling way of doing be put upon her trial. This was business, and he would seriously no slight difference; and anoask their lordships if they were ther important distinction had bound here to act as if Queen been demonstrated already by Bills were to become in future the evidence, that the Queen's as common as Turnpike-road accusers had a power of procur