jury thought that there were any extenuating circumstances, or whether they were actuated by terror, or mere repugnance to the infliction of capital punishment. It was probably the great importance of the case, and the fact of the Chief of the Commission being against the objection, which induced the other two who were in its favour to agree to refer it to the other judges; for if it had been settled on the spot the trials would have ended at once. Moreover it was believed that the judges thought very lightly of the objection, and Brougham told me they were _unanimous_, so ill-informed was he of their real opinions. [24] This is not so. If they had raised the objection before the prisoners pleaded, the Attorney-General could have put the trial off, and of course if the judges thought the objection valid, he would have done so. [Page Head: THE PRECEDENCE OF PRINCE ALBERT.] Yesterday morning I met Lord FitzGerald, when we walked together, and I begged him to find some expedient for settling _a l'amiable_ the question of Precedence, so as to pacify the Queen if possible, who was much excited about it. He spoke very despondingly of the general state of affairs, but said that he was as anxious as anybody to avoid unpleasant discussions upon it, and to satisfy her if possible, but that the House of Lords were running breast high upon it. I begged him to see the Duke of Wellington, to tell him what her feeling was, and entreat him to take measures to settle it quietly. He said he would see him, and that he was convinced if the Duke had his own way, he would be disposed to do this; but that if it was left to Lyndhurst and Ellenborough, it was impossible to answer for what they might do. His own impression was, that they might and ought to give him precedence for her life over the rest of the Royal Family (though it was very awkward with regard to the King of Hanover, when he refused his consent), but not over a Prince of Wales, to which, he thought, they never would consent. We talked the matter over in all its bearings, and the result was, that he undertook to go to the Duke and tell him what I had said. I had (not an hour ago) a confirmation of what he said as to Ellenborough, for I met him at his own door (next mine), when I said to him, 'What are you going to do about the precedence?' To which he said, 'Oh, give him the same which Prince George of Denmark had: place him next before the Archbishop of Canterbury.' I said, 'That will by no means satisfy the Queen;' at which he tossed up his head, and said, 'What does that signify?'