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there was no divine service per- for such a case as the present ; formed in the church. It could and that the publication of bans not be the intention of the law, was sufficient, as, though done at that persons in this parish should St. George's, it was to be consinot be married whilst the church dered as done at Newington.was under repair ; and they could Looking to the consequences that not be married any where they would result from an opposite pleased, the act specifying the construction of the law, they conparticular places. What, then, firmed him in this opinion, though was to be done? The Court was they were not the grounds of it. of opinion just what had been He therefore rejected the libel, been done, for it was provided by and dismissed the party cited from the act that the bans, as to extra- the suit. parochial places, should be published in the church or chapel ad- The Right Hon. the Earl of Rosejoining to them; and under the berry v. the Countess of Roseberry. particular situation of the church This was a proceeding for a diat this time, St. Mary, Newing- vorce, on the ground of adultery, ton, was to be considered as an committed by the Countess of extra - parochial place, and St. Roseberry, with Sir Henry St. George's church in consequence John Mildmay, Bart. the proper place for publishing On the 20th of May, 1808, its bans. The publication in ques. Lord Roseberry (then Viscount tion was, therefore, a publication Primrose) was married to Harin Newington to all intents and riett, his present Countess, a purposes, and not in St. George's. daughter of the Hon. Mr. BouveIt was so intended to be; it was rie. In 1809, Sir Henry Mildentered in the bans'- book of St. may married the elder sister of Mary, Newington, sigred as such, Lady Roseberry; and his younger and an entry made explanatory of brother, Mr. Paulet Mildmay,sub. the cause of the publication being sequently married another sister. in St. George's church. The par- This family connection necessaties throughout held it as a pub- rily produced a great intimacy belication of bans in Newington, tween Sir Henry Mildmay and and the Court held it as such. If Lord Roseberry's family; and on so, then Newington church be- the death of lady Mildmay, in came the proper place for the ce- 1810, he remained with them for lebration of the marriage, for some time, daily receiving from which it was not in an unfit state, them those affectionate attentions though it was for the publication best calculated to alleviate his of bans, and the extra-parochial- grief for the loss he had sustained. ity (if the term might he allowed) They had the desired effect; and did not extend beyond the publi- Sir Henry returned to society from cation. Under these circumstances, a retirement which has unhappily he was clearly of opinion that the since proved a source of the greatmarriage was not invalid, that est unhappiness to this noble faneither the spirit nor the letter of mily. Lord and lady Roseberry the law had been violated; that were then living in the most unthe act þad, in fact, provided interrupted state of domestic hap
piness ; her conduct, until that repaired to the Earl's seat in Norperiod, and for some time after- folk, and afterwards to another wards, being represented as uni- seat in Scotland, and it was here, formly correct in the discharge in October, 1814, that those acts of her duties as a wife and mother. took place which forined the founAn alteration in this conduct was dation of the present proceeding. first noticed by the Dowager Coun. Lady Roseberry adopted a practice tess of Roseberry, towards the hitherto very unusual with her, end of the year 1813, when she that of taking lonely walks by herobserved her daughter-in-law dis- self, rejecting the company of the posed to advocate principles in- Dowager Countess. The latter consistent with her domestic du- was rather alarmed at this, and ties and previous behaviour. In though not suspecting that any March, 1814, Lord Roseberry left criminality had as yet passed, she town for Scotland, upon the oc- determined to watch her motions. casion of his father's illness, whose Sir Henry, under the assumed death, which was then hourly ex- name of Colonel De Grey, had pected, shortly afterwards took repaired to Scotland, and taken place. He then returned to town, up his abode at an inn in the and remained about three months. neighbourhood of Lord RoseIt was at this time that several berry's, where he suffered his letters passed between Sir Henry, beard and whiskers to grow, and Mildmay and lady Roseberry, otherwise disguised his appear. which were produced in the cause, ance. His lordship's family at and evidently showed an undue this time consisted of himself, the intimacy between them.
They Countess, the Dowager Countess, were couched in terms of the and his brother, the honourable warmest affection, and pourtrayed Mr. Primrose, besides occasional the feelings of Sir Henry Mild- visitors. They usually dined at may in the strongest language.- six o'clock. The ladies retired Lady Roseberry, too, at this time, about seven, and were joined by was in the habit of often walking the gentlemen about nine. Lady in Kensington - gardens, where Roseberry usually made some exshe was met by Sir Henry, and cuse for leaving her mother-inthe progress of this intimacy pro- law, and retired to a suit of rooms duced in her a great indifference on the ground floor of one of the of behaviour towards her husband. wings of the building. They con, He remonstrated with her, and sisted of a library, anti-room, a subsequently forbad Sir Henry bed-room, called the red bedhis house ; but finding they had room, dressing-roon, and some still many opportunities of meet others, all of them communicating, he determined to withdraw ing with each other, and with the from London. Sir Henry's letters windows looking out upon a terto lady Roseberry about this time race; just below which there was a expressed the greatest uneasiness leaden cistern, by means of which at this determination, conjured it was not difficult to ascend the her, if possible, to avert it, and terrace,and enter these rooms by expressed his determination to any of the windows. The Dowager follow them in disguise. They Countess, in the course of her
watching, had observed a man Court. Lady Roseberry remaindescend from the window and ed in the house that night, but walk off by this way. This she the next morning took her decommunicated to the Hon. Mr. parture. She had been recomPrimrose; and one afternoon, mended to return to her father ; about ten minutes after lady but being joined by Sir Henry Roseberry had retired as usual, Mildmay, they were traced to he repaired, with some of the London, having slept together at servants, to the doors of the bed- an inn on the road. They then room, which he found fasten- took up their residence at Sir ed. They endeavoured to force Henry's house, in Lower Brookone of them open, when it was street, but have subsequently reopened by lady Roseberry; Sir paired together to the continent. Henry was then discovered by the An action was brought by Lord side of the bed, dressed in a large Roseberry against Sir H. Mildblue jacket and trowsers, and a may, who suffered judgment by dered waistcoat, covered with a fault, and a verdict with 15,0001. profusion of pearl buttons, and damages was returned against armed with a brace of pistols.- him, on the execution of the writ His beard and whiskers avere much of enquiry. grown, and his appearance alto- Upon this evidence Lord Rosegether so much altered, that Mr. berry's counsel submitted that the Primrose did not at first recognise necessary facts were fully subhim. The handkerchief which stantiated to entitle his lordship lady Roseberry had worn round to the remedy he prayed. her neck at dinner was off, and The counsel for lady Roseberry her gown unpinned, though not admitted that it was impossible so as to expose her bosom inde- for them to offer any observations cently. The bed was indented in to resist the effect of this evidence, the centre, as if pressed by an ex- which they therefore left to the traordinary weight, or by persons impartial consideration of the leaning against it; and the car. Court. pet, which had been nailed down, Sir Wm. Scott recapitulated the was stretched and forced up near circumstances of the case. The the bed, and was much dirtied, as letters were without date, but if pushed with muddy feet. Lady from some passages in them, it Roseberry seemed to express con- was easy to assign dates to them. trition, and endeavoured to pre- They appeared to have been writvent any contest between Mr. ten about March and April, 1914, Primrose and Sir Henry, who,
and alluded to a former corresafter some conversation, was pre- pondence, so that the origin of vailed upon to retire through the the connection did not appear. At window by which he entered. whatever time it may have comLord Roseberry did not see his menced, it was, however, sufficilady afterwards. He delivered ently manifest that at this time her writing desk into Mr. Prim- the connection subsisted in a high rose's possession, who took from degree of criminal intimacy, and it the letters exhibited in the it was impossible not to assent to
the observation that had been every considerate mind. It was made, that letters of this nature certainly but a poor compensation could not have passed from any to the injured husband to grant man to a lady holding the rank in him all that was within the power society of lady Roseberry, unless of the Court to grant, in accedshe had permitted to him the lasting to the prayer which he prefamiliarity. The language of them ferred by the present proceeding, was such as plainly evinced that that he be divorced from all furhe had acquired the most com- ther cohabitation with this lady: plete dominion over her affections to that remedy, however, as far and person, and had exerted it to as it went, he was fully entitled. the repeated gratification of his The sentence of divorce was signed guilty passion. Lord Roseberry accordingly. was truly miserable on first observing the alienation of his lady's Liability for an apparent Wife. affections, and had taken the -Bennett v. Underhill.-Mr. Scarcourse which every man of sense lett stated, that this action was and honour would have taken un-' brought by the plaintiff, Mr. Bender his circumstances. He gently nett, to recover a sum of money remonstrated with her, and for- for board, lodging, and necesbad Sir Henry the house; but saries furnished to the defendant finding this ineffectual, he with- and a lady who passed as his drew his family from London. wife. The defendant had come Sir Henry, however, followed, from Bristol to Manchester in and those circumstances took place company with the lady whom he which had led to the present pro- had every where represented as ceeding. He then alluded to the Mrs. Underhill. He had taken transactions in Scotland, and ob- lodgings for himself and her at served that though the witnesses the plaintiff's house, in the neighwho detailed them did not go on bourhood of that town, and had to express their belief of adultery, continued to occupy them till such yet that such could be the only time as he had found convenient legal inference to be drawn from to abandon her. For a certain the facts they stated, and it was period after taking the lodgings, an inference which the Court was he had regularly paid what was bound to draw. The subsequent due for the occupation of them, adultery was more definite : the and the expenses incurred for the servants at the inn proved seeing board of himself and Mrs. Underthem in the bed together, and bill; but he had at last departed, others subsequently found them leaving the lady without the means living together without reserve of discharging a large arrear of until their departure for the con- debt. He remembered a cause sitinent. Upon the view, there- milar to this tried in the Court of fore, which the Court had taken Exchequer, where General Walof the evidence, it was unneces- pole was defendant. It was for sary to add any observation, as board and necessaries provided none could add to the forcible im- for Mrs. Walpole. The General, pression which it must make on who was a gentleman pretty far
adranced in life, had formed an tainly considered them as inan intimacy with a young girl, and and wife, for they were very often had permitted her to assume his quarrelling. Upon one occasion name, and pass for Mrs. Walpole. he proceeded so far as to strike Upon that occasion his learned her. The witness's mother went friend, Mr. Jekyll, had made a up stairs to see what was the matvery ingenious speech on behalf ter, and she, the witness, took the of the General ; but the Lord liberty of walking up after her Chief Baron observed, that if mother. Mrs. Underhill said she young gentlemen would do such would leave the house; upon which things, they must pay for them, the defendant desired Mrs. Benand accordingly a verdict passed nett not to mind her ; he would against the General for every ar- pay the lodging, and every thing ticle with which the pretended else. Upon her cross-examinaMrs. Walpole had been furnished. tion, she said that the defendant The present case was as clear took her father's lodgings : Mrs. against the defendant as any thing Underhill was an entire stranger possibly could be. It would ap- to the family. She had never pair that the lady's linen was known her go by any other name marked with the initials of “Sarah · than that of Underhill, until subUnderhill;” that her trunk had sequent to the defendant's marthe same name upon it; that riage to another lady. The witshe was visited by the defendant's ness proved the visits of the debrother ; that the plaintiff repre- fendant's brother, and Mrs. Unsented as
a reason for his mo- derhill's going into deep mournther not visiting her, that he had ing upon the death of his sister. married her without his mother's Sarah Cartney (Mrs. Underconsent. It would also appear hill), a very handsome young that upon the death of the plain- woman, stated, that she had the tiff's sister, the supposed Mrs. misfortune to become acquainted Underhill had gone into such with the defendant in 1811. She mourning as was usual for a near accompanied him to Bristol, and relation. If the defendant was lived with him till 1813, when not liable, the plaintiff was alto- they returned to the neighbourgether without remedy; for with hood of Manchester. She always respect to the lady, she could not passed by the name of Mrs. Unbe considered as his debtor; she derhill, by his authority. She had made no contract with him, was never, while she lived with and he had therefore no right to the defendant, known by any other call upon her for payment.
name. She had every assurance Mary Johnson, the plaintiff's that he would marry her; and the daughter-in-law, proved that the first intimation she had of his lodgings were taken as for Mr. having deserted her, was by hearand Mrs. Underhill. The ladying that he had married another was always styled Mrs. Underhill. lady. He had quitted her upon All her linen was marked S. U. pretence of business but a short and the nails on her trunk de- time before, promising soon to soribed Sarah Underhill. She cere return. She said he was appa