The Life of George Borrow [105]
were it not that the state of affairs in the Northern Provinces at this moment might be prejudiced by a change of Government, which Her Majesty said she knew no one more than myself would regret, but at the same time if I was not satisfied I had only to state what I required and it should be immediately complied with. My answer was confined to a grateful acknowledgement of Her Majesty's condescension and kindness. Count Ofalia has informed me that as President of the Council He had enjoined all his Colleagues never to take any step directly or indirectly concerning an Englishman without a previous communication with Him as to its propriety, and I therefore venture to hope that the case of Mr Borrow will not be unattended with ultimate advantage to British subjects in Spain." {243c}
The "Note" referred to by the Queen Regent in her message was Count Ofalia's acquiescence in Sir George Villiers' demands, with the exception of the dismissal of the Police Officer. His communication runs:-
"11th May 1838.
"SIR,--The affair of Mr Borrow is already decided by the Judge of First Instance and his decision has been approved by the Superior or Territorial Court of the Province. As I stated to you in my note of the fourth last, the foundation of the arrest of Mr Borrow, who was detained (and not committed), was an official communication from the Agent of Police, Don Pedro Martin de Eugenio, in which he averred that on intimating to Mr Borrow the written order of the Civil Governor relative to the seizure of a book which he had published and exposed for sale without complying with the forms prescribed by the Civil and Ecclesiastical Laws of Spain, he (Mr Borrow) had thrown on the floor the order of the Superior Authority of the Province and used offensive expressions with regard to the said Authority.
"The judicial proceedings have had for their object the ascertainment of the fact. Mr Borrow has denied the truth of the statement and the Agent of Police, who it appears entered the lodgings of Mr Borrow without being accompanied by any one, has been unable to confirm by evidence what he alleged in his official report, or to produce the testimony of any one in support of it.
"This being the case the judge has declared and the Territorial Court approved the superceding of the cause, putting Mr Borrow immediately at complete liberty, with the express declaration that the arrest he has suffered in no wise affects his honor and good fame, and that the 'celador of Public Security,' Don Pedro Martin de Eugenio, be admonished for the future to proceed in the discharge of his duty with proper respect and circumspection according to the condition and character of the persons whom he has to address.
"In accordance with the judicial decision and anxious to give satisfaction to Mr Borrow, correcting at the same time the fault of the Agent of Police in having presented himself without being accompanied by any person in order to effect the seizure in the lodging of Mr Borrow, Her Majesty has thought proper to command that the aforesaid Don Pedro Martin de Eugenio be suspended from his office for the space of Four Months, an order which I shall communicate to the Minister of the Interior, and that Mr Borrow be indemnified for the expenses which may have been incurred by his lodging in the apartment of the Alcaide (chief gaoler or Governor) for the days of his detention, although even before the expiration of 24 hours after his arrest he was permitted to return to his house under his word of honor during the judicial proceedings, as I stated to you in my note already cited. I flatter myself that in this determination you as well as your Government will see a fresh proof of the desire which animates that of H.M. the Queen Regent to maintain and draw closer the relation of friendship and alliance existing between the two countries. And with respect to the claim advanced by Mr Borrow, and of which you also make mention in Your Note of the 8th inst., I ought to declare to you that when the Judge of First Instance received official
The "Note" referred to by the Queen Regent in her message was Count Ofalia's acquiescence in Sir George Villiers' demands, with the exception of the dismissal of the Police Officer. His communication runs:-
"11th May 1838.
"SIR,--The affair of Mr Borrow is already decided by the Judge of First Instance and his decision has been approved by the Superior or Territorial Court of the Province. As I stated to you in my note of the fourth last, the foundation of the arrest of Mr Borrow, who was detained (and not committed), was an official communication from the Agent of Police, Don Pedro Martin de Eugenio, in which he averred that on intimating to Mr Borrow the written order of the Civil Governor relative to the seizure of a book which he had published and exposed for sale without complying with the forms prescribed by the Civil and Ecclesiastical Laws of Spain, he (Mr Borrow) had thrown on the floor the order of the Superior Authority of the Province and used offensive expressions with regard to the said Authority.
"The judicial proceedings have had for their object the ascertainment of the fact. Mr Borrow has denied the truth of the statement and the Agent of Police, who it appears entered the lodgings of Mr Borrow without being accompanied by any one, has been unable to confirm by evidence what he alleged in his official report, or to produce the testimony of any one in support of it.
"This being the case the judge has declared and the Territorial Court approved the superceding of the cause, putting Mr Borrow immediately at complete liberty, with the express declaration that the arrest he has suffered in no wise affects his honor and good fame, and that the 'celador of Public Security,' Don Pedro Martin de Eugenio, be admonished for the future to proceed in the discharge of his duty with proper respect and circumspection according to the condition and character of the persons whom he has to address.
"In accordance with the judicial decision and anxious to give satisfaction to Mr Borrow, correcting at the same time the fault of the Agent of Police in having presented himself without being accompanied by any person in order to effect the seizure in the lodging of Mr Borrow, Her Majesty has thought proper to command that the aforesaid Don Pedro Martin de Eugenio be suspended from his office for the space of Four Months, an order which I shall communicate to the Minister of the Interior, and that Mr Borrow be indemnified for the expenses which may have been incurred by his lodging in the apartment of the Alcaide (chief gaoler or Governor) for the days of his detention, although even before the expiration of 24 hours after his arrest he was permitted to return to his house under his word of honor during the judicial proceedings, as I stated to you in my note already cited. I flatter myself that in this determination you as well as your Government will see a fresh proof of the desire which animates that of H.M. the Queen Regent to maintain and draw closer the relation of friendship and alliance existing between the two countries. And with respect to the claim advanced by Mr Borrow, and of which you also make mention in Your Note of the 8th inst., I ought to declare to you that when the Judge of First Instance received official