Pains and Penalties Bill 1820 - Passed But Withdrawn

Passed But Withdrawn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. He said Nero had banished his wife, Claudia Octavia, and taken a mistress in her place. He'd 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".

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, where the King himself (Joachim Murat) had risen from humble origins. They had travelled through countries that through the influence of the French revolution 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, 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, the Prime Minister Lord Liverpool 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.