The Pains and Penalties Bill 1820 was a bill introduced to the
British Parliament
The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative supremacy ...
in 1820, at the request of
King George IV
George IV (George Augustus Frederick; 12 August 1762 – 26 June 1830) was King of the United Kingdom of Great Britain and Ireland and King of Hanover from the death of his father, King George III, on 29 January 1820, until his own death ten y ...
, which aimed to dissolve his marriage to
Caroline of Brunswick
Caroline of Brunswick-Wolfenbüttel (Caroline Amelia Elizabeth; 17 May 1768 – 7 August 1821) was Queen of the United Kingdom and Hanover from 29 January 1820 until her death in 1821, being the estranged wife of King George IV. She was Pr ...
, and deprive her of the title of queen.
George and Caroline had married in 1795, when George was still
Prince of Wales
Prince of Wales ( cy, Tywysog Cymru, ; la, Princeps Cambriae/Walliae) is a title traditionally given to the heir apparent to the English and later British throne. Prior to the conquest by Edward I in the 13th century, it was used by the rulers ...
. After the birth of their only child,
Princess Charlotte of Wales Princess Charlotte of Wales may refer to:
* Princess Charlotte of Wales (1796–1817), the only child of George, Prince of Wales, later King George IV of the United Kingdom
** Princess Charlotte of Wales (1812 EIC ship), a ship named after the pri ...
, they separated. Caroline eventually went to live abroad, where she appointed Bartolomeo Pergami to her household as a courier. He eventually rose to become the head servant of her household, and it was widely rumoured that they were lovers.
In 1820, George ascended the throne and Caroline travelled to London to assert her rights as queen of Great Britain and Ireland. George despised her and was adamant that he wanted a divorce. Under English law, however, divorce was not then possible unless one of the parties was guilty of
adultery
Adultery (from Latin ''adulterium'') is extramarital sex that is considered objectionable on social, religious, moral, or legal grounds. Although the sexual activities that constitute adultery vary, as well as the social, religious, and legal ...
. As neither he nor Caroline would admit to adultery, George had a bill introduced to Parliament, which if passed would declare Caroline to have committed adultery and grant the King a divorce. In essence, the reading of the bill was a
public trial
Public trial or open trial is a trial that is open to the public, as opposed to a secret trial. It should not be confused with a show trial.
United States
The Sixth Amendment to the United States Constitution establishes the right of the accused ...
of the Queen, with the members of the
House of Lords
The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the ...
acting as judge and jury.
After a sensational debate in the Lords, which was heavily reported in the press in salacious detail, the bill was narrowly passed by the upper house. However, because the margin was so slim and public unrest over the bill was significant, the government withdrew the bill before it was debated by the
House of Commons
The House of Commons is the name for the elected lower house of the bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of parliament. ...
, as the likelihood of it ever passing there was remote.
Background
In 1795,
George, Prince of Wales, the eldest son of
King George III
George III (George William Frederick; 4 June 173829 January 1820) was King of Great Britain and of Ireland from 25 October 1760 until the union of the two kingdoms on 1 January 1801, after which he was King of the United Kingdom of Great Br ...
, married Duchess Caroline of Brunswick-Wolfenbüttel. The marriage, however, was disastrous; each party was unsuited to the other. They separated after the birth of their only child,
Princess Charlotte of Wales Princess Charlotte of Wales may refer to:
* Princess Charlotte of Wales (1796–1817), the only child of George, Prince of Wales, later King George IV of the United Kingdom
** Princess Charlotte of Wales (1812 EIC ship), a ship named after the pri ...
, the following year. Caroline eventually departed England for the European mainland. On the death of George III on 29 January 1820, George became king as George IV, and Caroline became
queen consort. However, George IV refused to recognise Caroline as queen, and commanded British ambassadors to ensure that monarchs in foreign courts did the same. Her name was omitted from the
liturgy
Liturgy is the customary public ritual of worship performed by a religious group. ''Liturgy'' can also be used to refer specifically to public worship by Christians. As a religious phenomenon, liturgy represents a communal response to and partic ...
of the
Church of England
The Church of England (C of E) is the established Christian church in England and the mother church of the international Anglican Communion. It traces its history to the Christian church recorded as existing in the Roman province of Britain ...
, and George acted to exclude her at every opportunity. In June, Caroline returned to
London
London is the capital and largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary down to the North Sea, and has been a majo ...
to assert her rights as queen consort of the
United Kingdom of Great Britain and Ireland
The United Kingdom of Great Britain and Ireland was a sovereign state in the British Isles that existed between 1801 and 1922, when it included all of Ireland. It was established by the Acts of Union 1800, which merged the Kingdom of Great B ...
.
![Two green bags](https://upload.wikimedia.org/wikipedia/commons/c/c9/Two_green_bags.jpg)
George despised her, and over the preceding few years had collected evidence to support his contention that Caroline had committed adultery while abroad with Bartolomeo Pergami, the head servant of her household. The day after her return to England, George submitted the evidence to the Houses of Parliament in two green bags. The contents of the bags were identical; one copy was presented to the
House of Lords
The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the ...
by the
Prime Minister
A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is not ...
,
Lord Liverpool
Robert Banks Jenkinson, 2nd Earl of Liverpool, (7 June 1770 – 4 December 1828) was a British Tory statesman who served as Prime Minister of the United Kingdom from 1812 to 1827. He held many important cabinet offices such as Foreign Secret ...
, and the other was presented to the
House of Commons
The House of Commons is the name for the elected lower house of the bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of parliament. ...
by the
Foreign Secretary
The secretary of state for foreign, Commonwealth and development affairs, known as the foreign secretary, is a minister of the Crown of the Government of the United Kingdom and head of the Foreign, Commonwealth and Development Office. Seen as ...
,
Lord Castlereagh
Robert Stewart, 2nd Marquess of Londonderry, (18 June 1769 – 12 August 1822), usually known as Lord Castlereagh, derived from the courtesy title Viscount Castlereagh ( ) by which he was styled from 1796 to 1821, was an Anglo-Irish politician ...
. Each requested that the Houses set up a confidential enquiry to examine the contents of the bags. Replying to Castlereagh in the Commons, Caroline's chief attorney,
Henry Brougham, demanded that the papers be publicly disclosed. Brougham was in the opposition
Whig party and knew that public sympathy rested with Caroline, rather than her husband or the government, which was weak and unpopular. Disclosure of George's own adulterous affairs, or even his scandalous and unlawful previous marriage to
Maria Fitzherbert
Maria Anne Fitzherbert (''née'' Smythe, previously Weld; 26 July 1756 – 27 March 1837) was a longtime companion of George, Prince of Wales (later King George IV of the United Kingdom). In 1785, they secretly contracted a marriage that was i ...
, could destabilise the Tory government led by Lord Liverpool.
In an attempt to construct a compromise, Castlereagh and the
Duke of Wellington
Arthur Wellesley, 1st Duke of Wellington, (1 May 1769 – 14 September 1852) was an Anglo-Irish soldier and Tory statesman who was one of the leading military and political figures of 19th-century Britain, serving twice as prime minister of ...
met Brougham and Caroline's
solicitor
A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally-defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and ...
Thomas Denman.
William Wilberforce
William Wilberforce (24 August 175929 July 1833) was a British politician, philanthropist and leader of the movement to abolish the slave trade. A native of Kingston upon Hull, Yorkshire, he began his political career in 1780, eventually becom ...
secured time for negotiation by persuading the Commons to adjourn the debate on the bags. However, the negotiations were fruitless; the government offered Caroline £50,000 a year to live abroad as a Duchess, but Caroline insisted on her right to be Queen and dismissed the money as a bribe. Wilberforce moved a motion in the House of Commons requesting that Caroline not insist on all her claims, which was passed by a wide margin of 394 votes to 124. However, the public was still solidly behind Caroline, and she rejected Wilberforce's request.
George Canning
George Canning (11 April 17708 August 1827) was a British Tory statesman. He held various senior cabinet positions under numerous prime ministers, including two important terms as Foreign Secretary, finally becoming Prime Minister of the Unit ...
, who may have been a former lover of Caroline, threatened to resign from the government in protest at the proceedings against her. If Canning resigned, the government would almost certainly fall. In the end, either he was persuaded not to resign or his resignation was refused. His eldest son had recently died and, rather than be involved in the debate, Canning left Britain on a tour of Europe to recover from his grief.
On 27 June, the Lords rejected a motion made by the Whig leader
Lord Grey to abandon the investigation, and the bags were opened and examined by a committee of fifteen peers. A week later, the chair of the committee,
Lord Harrowby, reported back to the Lords. The committee decided that the evidence was of such a grave and serious nature that it should be the subject of a "legislative proceeding". In reply, Lord Liverpool announced that a bill would be introduced the following day.
Bill
![Caroline by Hayter](https://upload.wikimedia.org/wikipedia/commons/1/1e/Caroline_by_Hayter.jpg)
On 5 July, a bill was introduced into Parliament "to deprive Her Majesty Queen Caroline Amelia Elizabeth of the Title, Prerogatives, Rights, Privileges, and Exemptions of Queen Consort of this Realm; and to dissolve the Marriage between His Majesty and the said Caroline Amelia Elizabeth". The bill charged that Caroline had committed adultery with Bartolomeo Pergami, "a foreigner of low station", and that consequently she had forfeited her rights to be queen consort.
The debate on the bill was effectively a public trial of the Queen, during which the government could call witnesses against her who could be cross-examined by her own legal advisors. By voting on the bill, members of the Houses of Parliament would be both jury and judges. Caroline would not receive basic rights accorded to other defendants; for example, she would not be informed of who the witnesses were before they were called. It was, said ''
the Times
''The Times'' is a British daily national newspaper based in London. It began in 1785 under the title ''The Daily Universal Register'', adopting its current name on 1 January 1788. ''The Times'' and its sister paper ''The Sunday Times'' (fou ...
'' newspaper, "a violation of the law of God". The British people seemed to be on Caroline's side and gave her strong support.
George lived a hugely extravagant life on the taxes collected by Parliament, whereas Caroline appeared to live modestly. Satirists and cartoonists published prints in support of Caroline and depicted George as debauched and licentious. She received messages of support from all over the country. Caroline was a figurehead for the growing radical movement that demanded political reform and opposed the unpopular George. By August, Caroline had allied with radical campaigners such as
William Cobbett
William Cobbett (9 March 1763 – 18 June 1835) was an English pamphleteer, journalist, politician, and farmer born in Farnham, Surrey. He was one of an agrarian faction seeking to reform Parliament, abolish "rotten boroughs", restrain foreign ...
, and it was probably Cobbett who wrote these words of Caroline's:
The day before the trial was due to start, an open letter from Caroline to George, again probably written by Cobbett, was published widely. In it, she decried the injustices against her, claimed she was the victim of conspiracy and intrigue, accused George of heartlessness and cruelty, and demanded a fair trial. The letter was seen as a challenge, not only to George but to the government and the forces resisting reform.
Trial
On 17 August 1820, the trial opened. Amid a large military presence, crowds gathered to watch the peers and the Queen attend Parliament. Once in their chamber, the Lords began the bill's second reading (the first reading was a formality).
Lord Chancellor
The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. The ...
Lord Eldon
Earl of Eldon, in the County Palatine of Durham, is a title in the Peerage of the United Kingdom. It was created in 1821 for the lawyer and politician John Scott, 1st Baron Eldon, Lord Chancellor from 1801 to 1806 and again from 1807 to 1827. ...
, acting as the
Speaker of the House
The speaker of a deliberative assembly, especially a legislative body, is its presiding officer, or the chair. The title was first used in 1377 in England.
Usage
The title was first recorded in 1377 to describe the role of Thomas de Hungerf ...
, noted the absence of several peers, notably Lords
Byron
George Gordon Byron, 6th Baron Byron (22 January 1788 – 19 April 1824), known simply as Lord Byron, was an English romantic poet and Peerage of the United Kingdom, peer. He was one of the leading figures of the Romantic movement, and h ...
and
Erskine
Erskine (, sco, Erskin, gd, Arasgain) is a town in the council area of Renfrewshire, and historic county of the same name, situated in the West Central Lowlands of Scotland. It lies on the southern bank of the River Clyde, providing the lo ...
, because they were either abroad or too elderly to attend. Caroline's brother-in-law,
Prince Augustus, Duke of Sussex
Prince Augustus Frederick, Duke of Sussex, (27 January 1773 – 21 April 1843) was the sixth son and ninth child of King George III and his queen consort, Charlotte of Mecklenburg-Strelitz. He was the only surviving son of George III who did not ...
, asked to be excused from participating on the grounds of consanguinity. His request was granted, though his brother,
Prince Frederick, Duke of York
Prince Frederick, Duke of York and Albany (Frederick Augustus; 16 August 1763 – 5 January 1827) was the second son of George III, King of the United Kingdom and Hanover, and his consort Charlotte of Mecklenburg-Strelitz. A soldier by profess ...
, announced that he would continue to attend.
The first motion was moved by the
Duke of Leinster
Duke of Leinster (; ) is a title in the Peerage of Ireland and the premier dukedom in that peerage. The subsidiary titles of the Duke of Leinster are: Marquess of Kildare (1761), Earl of Kildare (1316), Earl of Offaly (1761), Viscount Leinster, ...
, to the effect that the bill be dismissed. It was an initial test of the government's strength that would gauge support for the King. The motion was lost by 206–41. During the first day and the next, opening speeches by Caroline's defence team, Henry Brougham and Thomas Denman, were well received. In their speeches, Brougham and Denman hinted but did not state explicitly, referring only to "recrimination", that George could come off worse because of the bill if his own infidelities (such as his secret marriage to Maria Fitzherbert) were revealed in the course of the debate. In private, the Queen also turned the tables on the King by saying she "never committed adultery but once, and that was with Mrs Fitzherbert's husband".
![Bartolomeo Pergami in the bath](https://upload.wikimedia.org/wikipedia/commons/e/ef/Bartolomeo_Pergami_in_the_bath.jpg)
The prosecution case, led by the
Attorney General for England and Wales
His Majesty's Attorney General for England and Wales is one of the law officers of the Crown and the principal legal adviser to sovereign and Government in affairs pertaining to England and Wales. The attorney general maintains the Attorney ...
Sir Robert Gifford, began on Saturday 19 August. The Queen did not attend. Gifford claimed that Caroline and Pergami had lived as lovers for five years from November 1814. He asserted that they shared a bedroom, were seen in each other's presence arm-in-arm, and were heard kissing. The Queen, he stated, changed clothes in front of Pergami and ate her meals with him. He said that Pergami was a married man, but although his child, sister, mother and brother lived in the Queen's household, his wife did not. The Sunday newspapers the following morning were filled with the salacious details of Gifford's speech. Gifford resumed his attack on Monday 21 August by recounting further outrageous revelations: Pergami and Caroline had been seen together on a bed in a state of undress; she had sat on Pergami's knee in public; she had taken baths accompanied only by Pergami. High society did not receive the speech well. They were appalled at Caroline's behaviour, but they were more appalled at George's. By forcing the details of Caroline's life into the public arena, George had damaged the monarchy and endangered the political ''status quo''.
Leigh Hunt
James Henry Leigh Hunt (19 October 178428 August 1859), best known as Leigh Hunt, was an English critic, essayist and poet.
Hunt co-founded '' The Examiner'', a leading intellectual journal expounding radical principles. He was the centr ...
wrote to
Percy Bysshe Shelley
Percy Bysshe Shelley ( ; 4 August 17928 July 1822) was one of the major English Romantic poets. A radical in his poetry as well as in his political and social views, Shelley did not achieve fame during his lifetime, but recognition of his achie ...
, "The whole thing will be one of the greatest pushes given to the declining royalty that the age has seen."
The first witness for the prosecution was an Italian servant,
Theodore Majocchi. The prosecution's reliance on Italian witnesses of low birth led to
anti-Italian prejudice in Britain. The witnesses had to be protected from angry mobs, and were depicted in popular prints and pamphlets as venal, corrupt and criminal. Street-sellers sold prints alleging that the Italians had accepted bribes to commit perjury. After Gifford's speech on 21 August, Caroline entered the chamber of the House of Lords. Shortly afterwards, Majocchi was called. As he was led in, Caroline rose and advanced towards him, flinging back her veil. She apparently recognised him, exclaimed "Theodore!", and rushed out of the House. Her sudden sensational departure was seen as a "burst of agony" by ''
The Times
''The Times'' is a British daily national newspaper based in London. It began in 1785 under the title ''The Daily Universal Register'', adopting its current name on 1 January 1788. ''The Times'' and its sister paper ''The Sunday Times'' (fou ...
'',
[''The Times'', 23 August 1820] but others thought it the mark of a guilty conscience. It led her defence team to advise her against attending in future, unless specifically requested. Indeed, the evidence was so demeaning that the Queen did usually absent herself from the chamber, though she went to the House of Lords. According to
Princess Lieven, Caroline passed the time by playing
backgammon
Backgammon is a two-player board game played with counters and dice on tables boards. It is the most widespread Western member of the large family of tables games, whose ancestors date back nearly 5,000 years to the regions of Mesopotamia and Pe ...
in a side-room.
Prosecution case
![Trial of Queen Caroline by Sir George Hayter](https://upload.wikimedia.org/wikipedia/commons/f/fb/Trial_of_Queen_Caroline_by_Sir_George_Hayter.jpg)
Under examination by the
Solicitor General for England and Wales
His Majesty's Solicitor General for England and Wales, known informally as the Solicitor General, is one of the law officers of the Crown in the government of the United Kingdom. They are the deputy of the Attorney General for England and Wales ...
,
John Singleton Copley
John Singleton Copley (July 3, 1738 – September 9, 1815) was an Anglo-American painter, active in both colonial America and England. He was probably born in Boston, Massachusetts, to Richard and Mary Singleton Copley, both Anglo-Irish. Afte ...
, Majocchi testified that Caroline and Pergami ate breakfast together, had adjoining bedrooms, and had kissed each other on the lips. He said Pergami's bed was not always slept in, and he had seen Pergami visit the Queen wearing only underwear and a dressing gown. He said that they had slept in the same tent during a trip around the Mediterranean, and that Pergami had attended the Queen, alone, while she was having a bath. The following day, his astonishing testimony continued with the revelation that when Caroline and Pergami were travelling together in a carriage, Pergami kept a bottle with him so he could relieve himself without having to step down from the coach. The situation in the House became more absurd, as the Solicitor General asked Majocchi about a male exotic dancer employed by Caroline, after which Majocchi demonstrated a dance by pulling up his trousers, extending his arms, clicking his fingers, and shouting "vima dima!", while moving his body up and down in a suggestive fashion. ''The Times'' newspaper was disgusted and informed its readers that it regretted being "obliged" to report "filth of this kind".
During Brougham's cross-examination, Majocchi replied ''"Non mi ricordo"'' ("I don't recall") more than two hundred times. The phrase was repeated so often, it became a national joke, and featured in cartoons and parodies. Majocchi's credibility as a witness was destroyed.
The next witness was ship's mate Gaetano Paturzo, who claimed that he had seen Caroline sitting on Pergami's lap, but nothing more, while on a Mediterranean cruise. Ship's master Vincenzo Garguilo testified that Caroline and Pergami had shared a tent on deck and had kissed. Under cross-examination, he admitted that he had been paid to give evidence, but said that the payment was lower in value than the business he had lost through coming to England. Captain Thomas Briggs of
HMS ''Leviathan'', another vessel used by Caroline and Pergami during their journey, was also called as a prosecution witness. He said that the two had adjoining cabins on board and he had seen them arm-in-arm. Unlike the Italian witnesses, as an Englishman of some substance, the Lords considered Captain Briggs to be a more
credible witness
In law, a witness is someone who has knowledge about a matter, whether they have sensed it or are testifying on another witnesses' behalf. In law a witness is someone who, either voluntarily or under compulsion, provides testimonial evidence, e ...
. After the conclusion of the cross-examination, however,
Lord Ellenborough
Baron Ellenborough, of Ellenborough in the County of Cumberland, is a title in the Peerage of the United Kingdom. It was created on 19 April 1802 for the lawyer, judge and politician Sir Edward Law, Lord Chief Justice of the King's Bench from ...
rose and asked Briggs directly, "Did the witness see any improper familiarity between the Princess and Pergami? Had you any reason to suspect any improper freedom or familiarity between them?" "No", replied Briggs.
A further witness, Pietro Cuchi, an innkeeper in
Trieste
Trieste ( , ; sl, Trst ; german: Triest ) is a city and seaport in northeastern Italy. It is the capital city, and largest city, of the autonomous region of Friuli Venezia Giulia, one of two autonomous regions which are not subdivided into provi ...
, told the Lords that he had spied on the couple through a keyhole, during which he thought he saw Pergami leave the Queen's bedroom wearing stockings, pantaloons and a dressing gown. However, he could not be sure because his view, through the keyhole, was restricted. He did say that Pergami's bed was not slept in, and that both
chamber pot
A chamber pot is a portable toilet, meant for nocturnal use in the bedroom. It was common in many cultures before the advent of indoor plumbing and flushing toilets.
Names and etymology
"Chamber" is an older term for bedroom. The chamber pot ...
s in Caroline's room were used.
As Princess Lieven observed, the trial was a "solemn farce". On 25 August, a chambermaid from
Karlsruhe
Karlsruhe ( , , ; South Franconian: ''Kallsruh'') is the third-largest city of the German state (''Land'') of Baden-Württemberg after its capital of Stuttgart and Mannheim, and the 22nd-largest city in the nation, with 308,436 inhabitants. ...
, Barbara Kress, was sworn in. She was asked about the sheets on the Queen's bed: "Did you at any time see anything on the sheets?", asked the Attorney General. Her response was quietly spoken. Two interpreters, one for the King and one for the Queen, formed a huddle around the witness. The Queen's interpreter claimed the response ''wuste'' was not translatable; the King's interpreter was asked to press the witness for a further explanation. The witness broke down, and the proceedings were paused to allow her to regain composure. An eventual translation of "stains" was agreed. Tory
Harriet Arbuthnot
Harriet Arbuthnot ( née Fane; 10 September 1793 – 2 August 1834) was an early 19th-century English diarist, social observer and political hostess on behalf of the Tory party. During the 1820s she was the closest woman friend of the hero of ...
wrote in her journal "if the Whig Lords do not consider the disgusting details they have heard ''proof'', the Whig ladies may in future consider themselves very secure against divorces."
Caroline's former maid, Louise Demont, testified she had seen Caroline leave Pergami's bedroom wearing only a nightdress, and corroborated previous evidence that Caroline and Pergami had shared a tent and a bath during the cruise. She was also asked about stains on the bed-sheets, but refused to be drawn into details because it was "not decent". Under cross-examination, she was accused of living in England for more than a year under the assumed name of "Countess Colombier". Demont's flustered reply mimicked those of Majocchi, as she claimed she could not recall being called by that name. The defence said she had been sacked for lying, and produced a letter written by Demont in which she admitted coming to England on a "false pretence". Demont's sister, Mariette Brun, had remained in Caroline's service as a maid, and had passed information on her sister to Caroline's defence team.
The procession of witnesses continued; a mason, Luigi Galdini, claimed he had stumbled across Pergami holding Caroline's bare breast in their Italian villa. Coachman Giuseppe Sacchi, who was Demont's lover, claimed that he had found the couple asleep in a carriage in each other's arms, with Caroline's hand on Pergami's undone breeches. Sacchi's testimony was ridiculed in the British press, as "the parties being asleep, such a position in a carriage, where the bodies are themselves upright, or nearly so, is beyond all question absolutely and physically impossible".
Defence case
In a letter to the King, the Prime Minister Lord Liverpool summarised the progress of the trial. He said the evidence had made an impression in the House, but the bill was by no means secure.
[ quoted in ] The Queen was still immensely popular. Over 800 petitions totalling nearly a million signatures were received in her favour. Liverpool warned the King that Majocchi and Demont were discredited as witnesses, and the evidence produced by the defence could damage George severely. The divorce clause was especially unpopular, he wrote, though it might pass the Lords, it would not pass the Commons. He suggested that it be dropped. George would not decide to do so.
After the presentation of the prosecution case, the trial was adjourned for three weeks, and the Queen's solicitor, Denman, visited
Cheltenham Spa
Cheltenham (), also known as Cheltenham Spa, is a spa town and borough on the edge of the Cotswolds in the county of Gloucestershire, England. Cheltenham became known as a health and holiday spa town resort, following the discovery of mineral s ...
for a break. Once his identity was discovered, a supportive crowd gathered outside his lodgings. Meanwhile, Caroline's defence team assembled their evidence. Letters exchanged between them and Italian correspondents show that Colonel Carlo Vassalli, Caroline's equerry, said there was nothing improper between Caroline and Pergami. Caroline shared a room with Victorine, Pergami's daughter, and Caroline's behaviour with Pergami was no different than with other men. Interviewed in
Pesaro
Pesaro () is a city and ''comune'' in the Italian region of Marche, capital of the Province of Pesaro e Urbino, on the Adriatic Sea. According to the 2011 census, its population was 95,011, making it the second most populous city in the Marche, ...
, Pergami himself was prepared to swear that his bed was not slept in because he was sleeping with Demont, and that he had never had "an intercourse with the Queen".
The defence opened on 3 October, with a speech from Brougham. His speech was considered the "most magnificent display of argument and oratory that has been heard in years", "one of the most powerful orations that ever proceeded from human lips", and "one of the most magnificent speeches ever made in this or any other country". According to
Thomas Creevey
Thomas Creevey (March 17685 February 1838) was an English politician. He is best known for his insight into social conditions as revealed by his writings, which were published in 1903.
Life
Creevey was the son of William Creevey, a Liverpool me ...
, it astonished and shook the aristocracy. In it, Brougham threatened to reveal facts about George's own life, even if they damaged the country, if it was the only way to ensure justice for his client. He attacked the character of the prosecution witnesses, and claimed that Italian witnesses could be purchased like a commodity. He read from a letter from an Italian correspondent, "There is nothing at
Naples
Naples (; it, Napoli ; nap, Napule ), from grc, Νεάπολις, Neápolis, lit=new city. is the regional capital of Campania and the third-largest city of Italy, after Rome and Milan, with a population of 909,048 within the city's adminis ...
so notorious as the free and public sale of false evidence. Their ordinary tariff is three or four ducats." He reminded the Lords that Majocchi was forgetful, that Demont was a liar, and that Cuchi was a lecherous wretch who spied on his female guests through a keyhole. He produced a letter from George to Caroline written in 1796, which became known as the "letter of licence". It appeared to forgive any transgressions on either Caroline or his part, and allow them to lead separate lives. "Our inclinations are not in our power," George had written, "nor should either of us be held accountable to the other."
The defence witnesses included
Lord Guilford
Earl of Guilford is a title that has been created three times in history. The title was created for the first time in the Peerage of England in 1660 (as Countess of Guilford) for Elizabeth Boyle. She was a daughter of William Feilding, 1st ...
,
Lord Glenbervie,
Lady Charlotte Lindsay,
Lord Landaff, The Hon.
Keppel Craven
The Honourable Richard Keppel Craven (14 April 1779 – 24 June 1851) was a British traveller and author.
Life
Craven was the third and youngest son of William Craven, 6th Baron Craven and his wife née Lady Elizabeth Berkeley, daughter of the 4 ...
, Sir
William Gell
Sir William Gell FRS (29 March 17774 February 1836) was a British classical archaeologist and illustrator. He published topographical illustrations of Troy and the surrounding area in 1804. He also published illustrations showing the results ...
,
Henry Holland, Colonel Alessandro Olivieri, and Carlo Vassalli, all of whom swore that there was nothing unusual about Caroline's behaviour. The King was incensed; "I never thought that I should have lived to witness so much prevarication, so much lying, and so much wilful and convenient forgetfulness", he wrote. Under cross-examination, Lord Guilford was unable to recall leaving a handsome Greek servant alone with Caroline for three-quarters of an hour, and Lady Charlotte had on occasion said "I do not recollect", but without the same disdain that had met Majocchi's constant refrain of ''non mi ricordo''. British servants who had been in Caroline's household, including Keppel's valet John Whitcomb, also testified in Caroline's favour. Whitcomb admitted that he had slept with Demont, who was already known to have slept with the coachman Sacchi, thus further ruining Demont's tarnished reputation. A French milliner, Fanchette Martigner, further testified that Demont had told her that Caroline was innocent, and the charges against her "were nothing but calumnies invented by her enemies in order to ruin her".
The trial seemed to be going Caroline's way, especially after Sacchi's testimony was refuted by the nephew of the
Duchess of Torlonia, Carlo Forti. Forti claimed that the Countess Oldi (Pergami's sister) sat between Caroline and Pergami in the carriage, which was also shared with Victorine (Pergami's daughter), and so there could have been no intimacy between them. However, the cross-examination of two of the witnesses damaged Caroline's case. Lieutenant John Flynn and Joseph Hownam had both been on the same Mediterranean cruise with Caroline and Pergami. Flynn said nothing incriminating but during the course of the cross-examination, he fainted, which left a bad impression. Pressed by Gifford, Hownam admitted that Caroline and Pergami had both slept in the same tent on deck because, he claimed, Caroline was afraid of pirates, and wanted a guard in the tent with her. In an attempt to regain ground, Brougham produced two Italian witnesses, Giuseppe Giroline and Filippo Pomi, who revealed that the prosecution witnesses had been paid 40 francs each, and given free food and board. The Whigs now claimed that the trial was tainted as there was ''prima facie'' evidence of conspiracy to pervert the course of justice by paying witnesses for their testimony. Lord Liverpool countered Whig demands to abandon the bill by saying that there was other evidence, from non-Italian witnesses, that could be relied upon.
Brougham attempted to investigate the claim of conspiracy further in the hope that it would discover the man behind the conspiracy, who paid for the witnesses and hired the prosecution team. Disingenuously referring to "this mysterious being, this retiring phantom, this uncertain shape" (quoting
Milton's ''
Paradise Lost
''Paradise Lost'' is an epic poem in blank verse by the 17th-century English poet John Milton (1608–1674). The first version, published in 1667, consists of ten books with over ten thousand lines of verse (poetry), verse. A second edition fo ...
''), Brougham knew full well that "this uncertain shape" was the King. The King knew it too, and took Brougham's words to be a direct reference to his massive size, as the King was vastly overweight. The Tories challenged Brougham's line of questioning, as they claimed it implicated persons who could not be called as witnesses, and widened the investigation beyond the relevance of the bill.
Passed but withdrawn
For ten hours over two days, Thomas Denman summed up for the defence. He cited the dishonesty of the principal prosecution witnesses, the evidence of the defence witnesses that contradicted that of the prosecution, and drew parallels between George and the Roman emperor
Nero
Nero Claudius Caesar Augustus Germanicus ( ; born Lucius Domitius Ahenobarbus; 15 December AD 37 – 9 June AD 68), was the fifth Roman emperor and final emperor of the Julio-Claudian dynasty, reigning from AD 54 un ...
. He said Nero had banished his wife,
Claudia Octavia
Claudia Octavia (late 39 or early 40 – June 9, AD 62) was a Roman empress. She was the daughter of the Emperor Claudius and Valeria Messalina. After her mother's death and father's remarriage to her cousin Agrippina the Younger, she became ...
, and taken a mistress in her place. He had then concocted a conspiracy to dethrone, degrade and divorce her, before she was ultimately condemned and killed. A second member of the defence team,
Stephen Lushington, then spoke for a shorter time to highlight the main points of the defence case. In concluding the prosecution, Gifford reiterated the claims of Demont and Majocchi, and claimed that they were "undeniable proof of her Majesty's guilt".
![QueenCarolinesTrialDetail](https://upload.wikimedia.org/wikipedia/commons/a/a3/QueenCarolinesTrialDetail.jpg)
The Lords proceeded to debate the bill. The Whig leader
Lord Grey complained that the bill was far removed from ordinary legal practice, and pointed out that, if the Lords passed the bill, the entire process would have to be repeated in the Commons, leading to more public strife. Furthermore, the evidence was insufficient, tainted or contradicted. Even if Caroline had shown Pergami favour, it was within the power of royalty to elevate anyone from a low rank to a high one, and it was a strength of society that any person could rise from the lowest of births to the highest of offices. Indeed, Caroline and Pergami had lived at
Naples
Naples (; it, Napoli ; nap, Napule ), from grc, Νεάπολις, Neápolis, lit=new city. is the regional capital of Campania and the third-largest city of Italy, after Rome and Milan, with a population of 909,048 within the city's adminis ...
, where the King himself (
Joachim Murat
Joachim Murat ( , also , ; it, Gioacchino Murati; 25 March 1767 – 13 October 1815) was a French military commander and statesman who served during the French Revolutionary Wars and Napoleonic Wars. Under the French Empire he received the ...
) had risen from humble origins. They had travelled through countries that through the influence of the
French revolution
The French Revolution ( ) was a period of radical political and societal change in France that began with the Estates General of 1789 and ended with the formation of the French Consulate in November 1799. Many of its ideas are considere ...
had seen the reversal of traditional power structures, with the once-wealthy laid low, and the obscure propelled to distinction.
The vote was held on 6 November 1820, three years to the day since Caroline's only daughter,
Princess Charlotte Augusta of Wales
Princess is a regal rank and the feminine equivalent of prince (from Latin ''princeps'', meaning principal citizen). Most often, the term has been used for the consort of a prince, or for the daughter of a king or prince.
Princess as a subst ...
, had died. Each peer rose and said either "content", indicating support for the bill, or "not content", to oppose it. The vote was 123–95 in favour. Though the majority was 28, it was considered a narrow victory. Eleven of the votes in favour were from the
bishops who sat in the House of Lords, while many of the votes against were from the richest and most powerful peers. As seats in the House of Commons were often controlled by rich and powerful landowners, it meant that the Commons were almost certain to reject the bill. Consequently, over the next few days the Lords debated dropping the divorce clause, but the Whigs had spotted a tactical opportunity. Lord Grey now spoke in favour of retaining the divorce clause, since by doing so it made the bill more likely to fail in the Commons. On 10 November, a final reading of the bill took place, and a further vote was held. The bill passed by 108–99, with a majority of 9.
In a highly emotional state,
[ quoted in ] the Prime Minister
Lord Liverpool
Robert Banks Jenkinson, 2nd Earl of Liverpool, (7 June 1770 – 4 December 1828) was a British Tory statesman who served as Prime Minister of the United Kingdom from 1812 to 1827. He held many important cabinet offices such as Foreign Secret ...
rose to address the House. He declared that since the vote was so close, and public tensions so high, the government was withdrawing the bill.
Aftermath
The Queen considered it a victory. Crowds of Londoners celebrated exuberantly in the streets; the windows of government supporters were smashed, and the offices of newspapers that had supported the King were set alight. Similar scenes occurred throughout the United Kingdom. On 29 November, Caroline attended a service of thanksgiving at
St Paul's Cathedral
St Paul's Cathedral is an Anglican cathedral in London and is the seat of the Bishop of London. The cathedral serves as the mother church of the Diocese of London. It is on Ludgate Hill at the highest point of the City of London and is a Grad ...
with the
Lord Mayor of London
The Lord Mayor of London is the mayor of the City of London and the leader of the City of London Corporation. Within the City, the Lord Mayor is accorded precedence over all individuals except the sovereign and retains various traditional powe ...
, much to the dismay of the
Dean of St Paul's
The dean of St Paul's is a member of, and chair of the Chapter of St Paul's Cathedral in London in the Church of England. The dean of St Paul's is also ''ex officio'' dean of the Order of the British Empire.
The current dean is Andrew Tremlett, ...
. Vast crowds turned out to see her; estimates of the number in the crowd vary between 50,000 and 500,000. Nevertheless, she was still barred from George's
coronation
A coronation is the act of placement or bestowal of a coronation crown, crown upon a monarch's head. The term also generally refers not only to the physical crowning but to the whole ceremony wherein the act of crowning occurs, along with the ...
at
Westminster Abbey
Westminster Abbey, formally titled the Collegiate Church of Saint Peter at Westminster, is an historic, mainly Gothic church in the City of Westminster, London, England, just to the west of the Palace of Westminster. It is one of the United ...
on 19 July 1821. She fell ill and died three weeks later. Her husband did not attend her funeral, and her body was returned to Brunswick for burial.
With the failure of the bill, the radicals largely lost Caroline as a figurehead of the reform movement, since they were stripped of a cause and Caroline had no further need of them as allies. Once the scandal had died down, the loyalist pro-King party had a resurgence, and became more vocal. It took over a decade and the death of King George IV, for the reform movement to gain sufficient ground to force through Parliament the
Reform Act 1832
The Representation of the People Act 1832 (also known as the 1832 Reform Act, Great Reform Act or First Reform Act) was an Act of Parliament, Act of Parliament of the United Kingdom (indexed as 2 & 3 Will. IV c. 45) that introduced major chan ...
, which regulated the franchise throughout the United Kingdom.
References
Citations
Sources
;Primary:
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Hansard for the year 1820*
Royal Archives
The Royal Archives, also known as the King's Archives, is a division of The Royal Household of the Sovereign of the United Kingdom. It is operationally under the control of the Keeper of the Royal Archives, who is customarily the Private Secre ...
, Georgian Papers
A Geo*
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Vol.I: The ChargesVol.II: The Defence, Part IVol.III: The Defence, Part II
;Secondary:
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Further reading
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External links
The Queen Caroline Affair a series of
Parliamentary Archives
A parliamentary system, or parliamentarian democracy, is a system of democratic governance of a state (or subordinate entity) where the executive derives its democratic legitimacy from its ability to command the support ("confidence") of the ...
blogposts marking the 200th anniversary
{{DEFAULTSORT:Pains And Penalties Bill 1820
1820 in British law
George IV of the United Kingdom
Proposed laws of the United Kingdom
Events involving British royalty
Divorce in the United Kingdom
Caroline of Brunswick