JET. 43.] THE TRIAL. 407 



the writers who discussed the case in the newspapers ; 

 and I was very well satisfied with the mistake, because 

 it was of the last importance that the real ground of 

 defence should be brought forward by surprise ; or, at 

 all events, that it should be presented at once in its 

 full proportions, and by a short and clear statement. 

 The ground, then, was neither more nor less than im- 

 peaching the King's own title, by proving that he had 

 forfeited the crown. He had married a Koman Ca- 

 tholic (Mrs Fitzherbert) while heir-apparent, and this 

 is declared by the Act of Settlement to be a forfeiture 

 of the crown, " as if Tie were naturally dead." We 

 were not in possession of all the circumstances as I 

 have since ascertained them, but we had enough to 

 prove the fact. Mrs Fitzherbert's uncle, Mr Erring- 

 ton, who was present at the marriage indeed it was 

 performed in his house was still alive ; and though, 

 no doubt, he would have had a right to refuse answer- 

 ing a question to which an affirmative answer exposed 

 him to the pains and penalties of a premunire, de- 

 nounced against any person present at such a mar- 

 riage, it was almost certain that, on Mrs Fitzherbert's 

 behalf, he would have waived the protection, and 

 given his testimony to prove the marriage ; but even 

 his refusal would have left the conviction in all men's 

 minds that the marriage had taken place. However, 

 there existed ample evidence, which Errington would 

 undoubtedly have enabled us to produce without the 

 possibility of incurring any penalty whatever. Mrs 

 Fitzherbert was possessed of a will of the Prince in 

 her favour, signed with his own hand, if not written 

 entirely by himself, and in which he calls her his dear 

 wife. I had a copy of this, if not the original, given 



