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THREE:Walpole was instantly on the alert on this startling discovery. He prevailed on the king to put off his journey to Germany. Troops were drawn round London and a camp was formed in Hyde Park. The king took up his residence at Kensington, in the midst of the soldiers, and the Prince of Wales retired to Richmond. General Macartney was dispatched for still more troops from Ireland; some suspected persons were arrested in Scotland; the States of Holland were solicited to have ships and soldiers in readiness; an order was obtained from the Court of Madrid to forbid the embarkation of Ormonde; and General Churchill was dispatched to Paris to make all secure with the Regent. Atterbury was arrested on the 24th of August.

THREE:The affairs of England, menaced by invasion, were during this time compelling George to draw part of his forces homeward; it was, consequently, only the approach of winter which saved the towns of Flanders from the French. At the same time, the wily Prussian was in arms again, trusting to seize yet more of the Austrian territories, whilst the powerful ally of Maria Theresa was at once pressed by the fault of the Dutch and Austrians in Flanders, and at home by the Pretender. George, who, in spite of all remonstrances, had persisted, notwithstanding the domestic danger, in paying his annual visit to Hanover, was earnestly engaged, through Lord Harrington, in endeavouring to accomplish a peace between Prussia and Austria. Neither Frederick nor Maria Theresa, however, was in any haste to conclude peace. Frederick hoped to profit by the engagement of England with the French, and Maria Theresa held out, with some vague hopes of regaining Silesia through the money of England. But Frederick, on the 3rd of June, gained a decided victory over Prince Charles of Lorraine, throwing himself between the Austrians and the Saxons, whom the English subsidy had brought to their aid. In this battle of Hohen Friedberg the Austrians lost nine thousand men in killed and wounded, and had as many made prisoners. Prince Charles retreated into Bohemia, and was soon followed by Frederick, who fixed his camp at Chlum. Whilst another battle was impending, Maria Theresa, still undaunted, accompanied her husband to the Diet at Frankfort, where she had the satisfaction of seeing him elected Emperor of Germany on the 13th of September. The same month, however, her troops were again defeated by Frederick at Sohr, near the sources of the Elbe. The King of Prussia now offered to make peace, and Maria[92] Theresa rejected his overtures; but another victory over her combined army of Austrians and Saxons, which put Frederick in possession of Dresden, brought her to reason. A peace was concluded at Dresden on Christmas Day, by which Silesia was confirmed to Prussia, and Frederick, on his part, acknowledged the recent election of the Emperor Francis. King George had also entered into a secret treaty with Prussia; and Frederick, sending his army into winter quarters in Silesia, returned to Berlin, thence to ponder fresh schemes of aggrandisement.A remarkable conflict took place this year between the jurisdiction of the House of Commons and that of the Court of Queen's Bench, which excited great interest at the time, and has important bearings upon the constitutional history of the country. The following is a brief narrative of the facts out of which it arose:—In the year 1835 a Bill was proposed in the House of Lords by the Duke of Richmond for the purpose of appointing inspectors of prisons. The inspectors were appointed, and, in the discharge of their duty, reported on the state of Newgate. The House ordered the report to be printed and sold by the Messrs. Hansard. In this report it was stated that the inspectors of that gaol found amongst the books used by the prisoners one printed by John Joseph Stockdale in 1827, which they said was "a book of the most disgusting nature, and the plates are obscene and indecent in the extreme." On the 7th of November, 1836, Stockdale[469] brought an action for libel against the Messrs. Hansard for the sale of this report, which was alleged to be false. Sir John Campbell, who was counsel for the defendants, argued that the report was a privileged publication, being printed by the authority of the House of Commons, and on that ground they were entitled to a verdict. But Lord Denman, in his charge to the jury, said: "I entirely disagree from the law laid down by the learned counsel for the defendants. My direction to you, subject to a question hereafter, is, that the fact of the House of Commons having directed Messrs. Hansard to publish all the Parliamentary Reports is no justification for them, or for any bookseller who publishes a Parliamentary Report containing a libel against any man." In addition, however, to the plea of "Not Guilty," there was a plea of justification, on the ground that the allegations were true, and on this the jury found a verdict for the defendants. On the 16th of February, 1837, the Messrs. Hansard communicated the facts to the House of Commons. A select Committee was consequently appointed to examine precedents, and report upon the question of its privileges in regard to the publication of its reports and other matters. They reported in favour of the privilege which would protect any publication ordered by the House of Commons, and resolutions based upon the report were adopted.

THREE:Lord George Murray then said that, as they needs must go, he proposed that they should enter England on the Cumberland side, so as to harass Wade's troops, if he marched across to meet them. The idea was adopted as a great improvement; it was kept a profound secret. Still further to mislead the English, Lord George proposed another plan, which was also adopted—to divide the army into two columns, to march by two different routes, but to unite at Carlisle. One of these was to be led by the prince himself by Kelso, as if intending to march straight into Northumberland; the other to take the direct road through Moffat. It was resolved to leave Lord Strathallan to command in Scotland, to take up his headquarters at Perth, receive the expected succours from France, and all such reinforcements from the Highlands as should come in.LA ROCHE-JAQUELEIN AND THE REPUBLICAN SOLDIERS. (See p. 444.)

THREE:

THREE:Mr. Canning, who had been on terms of intimacy with her Majesty, declined to take any part in the proceedings, declaring that nothing would induce him to do anything calculated to reflect upon the honour and virtue of the queen. The queen intimated to the Lord Chancellor that she meant to come in person to the House of Lords when her case should next be discussed there. He answered that he would not permit her to enter without the authority of the House, for which she must previously apply. She then desired that he would deliver a message to the House in her name, which he declined, stating that "the House did not receive messages from anybody but the king, unless they were sent as answers to Addresses from the House." The petition was presented by Lord Dacre, on which occasion the Lord Chancellor declared that he had no objection to its being submitted to the consideration of the House, adding that "he would sooner suffer death than admit any abatement of the principle that a person accused is not therefore to be considered guilty." Mr. Brougham and Mr. Denman were then called in to support the petition, which prayed that their lordships would not prosecute a secret inquiry against her. The powerful pleading of these two orators had an immense effect upon the public mind. On the following day Lord Grey moved that the order for the appointment of a secret committee should be discharged. His motion was negatived by a majority of one hundred and two to forty-seven. This was the first division on the proceedings against the queen, and so large a majority naturally gave great confidence to the Government. The secret committee accordingly set to work, opened the green bag, and examined the charges. On the 4th of July they brought in their report, which stated "that allegations supported by the concurrent testimony of a great number of persons in various situations of life, and residing in different parts of Europe, appeared to be calculated so deeply to affect the character of the queen, the dignity of the Crown, and the moral feeling and honour of the country, that it was indispensable that they should become the subject of a solemn inquiry, which would best be effected in the course of a legislative proceeding." On the 5th Lord Liverpool introduced the Bill of Pains and Penalties against her Majesty, which, having recited in the preamble that she carried on an adulterous intercourse with Bergami, her menial servant, enacted "that she should be degraded from her station and title of queen, and that her marriage with the king should be dissolved." Counsel were again heard against that mode of proceeding, a second reading was set down for the 17th of August, when the preamble was to be proved, and the trial to begin.