[13] [Mr. Backhouse was at this time permanent Under Secretary of State for Foreign Affairs. He filled this office from 1827 till 1842.] February 6th, 1839 {p.160} Last Friday the Serjeants' case came on again before the Privy Council. The Attorney and Solicitor made a sort of reply to Austin, but acknowledged that the mandate was not binding on the Court of Common Pleas; in fact, that it was illegal. Brougham was very angry, and kept battling with counsel or with Wynford, Abinger, or others of the Lords, though not violently. They were anxious to get rid of the question if possible, and to avoid making a report to the Queen. The conclusion (pretty nearly unanimous) to which they came was, that the order was illegal, but that it was neither expedient that matters should return to their former, nor remain in their present state; and they agreed to adjourn the consideration of the question. They then separated with an understanding that a Bill should be brought in directly to settle the dispute, and they don't intend to meet again upon it till this Bill has been passed. Thus they will avoid making any report at all. Brougham and Lyndhurst came to a Patent case the day before, both in high spirits. After it was over Lyndhurst came into my room, when I said, 'You look in high force.' 'Oh no,' said he, 'I am quite _passe_, entirely done up.' Just then Brougham came in, when I said to him, pointing to Lyndhurst, 'He says he is quite _passe_ and done up.' 'Just like me,' he said; 'I am quite _passe_ too.' 'Then,' I said, 'there can be no use in two such poor worn-out creatures as you two going to the House of Lords.' 'Do you hear him?' cried out Brougham: 'A capital suggestion of the Clerk of the Council: we won't go to the House of Lords at all; let us go together to _Hamble_.'[14] And then he seized Lyndhurst's arm, and off they went together chuckling and laughing and brimful of mischief. [14] Hamble is the country seat of Sir Arthur Paget, who was present with Brougham.