The British Press; or, Morning Literary Advertiser.
London, England, 1819-05-03 00:00:00

CONSISTORY COORT, Doctoas' COMMONS, Aran. SO.

RESTITUTION OF CONJUGAL RIGHTS.
LADY HERBERT C. 1.0110 HERBERT.
The final hearing in this case took place this
day. In the first instance, Lord Herbert lied de-
nied the jurisdiction of the Court; but, upon that
objection bring over-ruled. a considerable length
of time was consumed in sending a commission
to Sicily. to procure proofs of the validity of the
marriage.
The proceedings upon this occasion were opened
by Dr. PHILLMORE, on the part of Lady Her-
bert, who very shortly stated the stature of the very
voluminous wow of evidence about to be laid be-
fore the Court ; and was followed by Dr. A ttivoLri,
on the lion of Lord Herbert, who admitted that
the validity of the niatviage was too strongly proved
to allow of being controverted—but contended,
under the circumstances about to be detailed, that
the time was not come wheat the Court could grant
the ',toyer of the Petition.
The deposition of a vast number of witnesses
were read, f which the several circumstances
which gave rise to the present suit might be col-
lected. They were to the effect as follows :—llia
Excellency the Prince of Butera possessed a map
nilivent palace in the city of Palermo, and a co-
rium at a moderate distance from that city ; and
among many gond qualities he possessed was his
partiality for English society, which kd hint so
much to cultivate the good graces of English tra-
vellers, that his residroce at Palermo had icy...m.l
the spirellation of the " English. Hotel." Among
the numerous Englishmen to whom the hospitality
of the Prince amid the fascinations of the Princess
drew to the Palace of Buten'. Lord Herbert was
the most constant and the most welcome. hr the
mouth of May, 1814, the Pi iccu of Boer* died

hod the Princess still 'Presided at the Palace, rind
Lord Herbert's visits became snore and snore fie-
retort. In fist following th of June, the
Duchess of San Giovamii, the sister of the Prin-
ces.. oil calling at the Palace, was warmly saluted
by Lord Herbert ; he. in answer to her reinori-
stroller, pleading the rights of isitended relation-
ship, declaring the projected union between him-
self arid the fences'. The days of mouriiiiig arid
the days ll' courtship eirpored nearly about the
aims trine—for, in the month of A sigiort following,
the parch priest wait ROlll.lloord lair at isigtit 10
Wil of As the marriage coriliact winch tire parties en-
t•red in the preesoco of tbe and two
of she PIII,('1-6•91.4 4.(V71111/1. The horde 0,:t1 bride-
grogliii pnsyrd lhr 11.1111tOil brotllll4lloll ; IlUt this
ass r. fused, the priest declaring that upon inst.
riagee is secret the benedictioli would he lost.—
The happy couple remained together live days ;
hut, al*. ! such bliss was of too re,tatir ti torture
to he lasting ; for it so happened that Lord Peru.
broke, the father of Lord Herbert, arrived at Pa-
temp, 011 the very inorriirig after the marriage.
Dieplemerd at what had taken (dare, the Noble
F. 411 consulted the Sicilimn sages, who, from the
roll/risk iii some iririst), corner or other, raked out
an old Sicilian law against chi irstille mar-
riages. by which it woe ordeiried that parties
entering into .stilt engagement should he punish-
ell in the following manner :—lf of noble birth,
the husband to be confined fur live years io a for-
ores', and the wife for the like period in a convent.
If oP ignoble birth, both to be consigned to the
COI 44444 Ult gaol, but kept separate and distinct front
each other. This law spared ',either age (for here
the 'entree were considerably above the legal years
of discretion) nor sex, and might be celled into
actors et the request of any one, connected or not
with the parties. The putting this law into execu-
tion consumed the few days of enjoyment which
was allowed the happy pair ; and on the everting of
the fifth day the Princess was flurried to the Con-
vent of Sirmati, and his Lordship to the Fortress of
Castel del Mare. Here was a wtifirl change! But
hearts entwined can find a means of at least allevi-
ating the heavy hours of an almost hopeless—and,
in a lover's eyes, an endless 'reparation. The
Princess took a faithful attendant (not her former
confidant, who being unluckily a wife, was not per-
mitted to sully the walls of a convent), and Lord
Ilerbert likewise took an attendant equally faithful,
to he the sharers in their respective ceptivities. The
almost exclusive occupation of Lord Herbert's con-
fidant was to travel front the Castel del Mare to the
convent of Stimati, and from the convent of Sti-
matt to the Castel del Mare, bearing with him
thoughts that breathed and words that burned,
and loaded heavily with darts and pangs, and
shove all, with strict injunctions that the Prin.
cm should not cry ; but there was one conso-
lation daily afforded to them, winch repaid
hours of anxiety :—it was the sight of each other
through a telescope. At the hour of t*o in each re-
volving day, the Princess ascended the highest pin-
nacle of the convent of Sutural, accompanied by
the faithful Douala Teresa Maggio; and at the
same hour of two, Lord Herbert t 11111 l uteri uF the
Kerne of the Castel del flare, attended by his
humble " Achates." The L)oima waved a white
handkerchief, the Achates returned the signal. 'fhe
Princess looked through her telercope; his Lordship
lengthened his powers of vision by the same melon..
The Princess closed the proceding by exclaiming to
the Donna, " I have stint my beloved husband !"
Hie Lordship ejaculated to his Achates, " I have seen
my adored and angelic wife." The exact length of
time this practice continued does not appear, nor dues
itappear whether the Achates was gradually relieved
front Ins peregrinations to and from the convent of
Stimati, or whether the burning love had slowly
subsided to make room for esteem and friendship.
This. however, is certain ; that Lord Herbert at no
very long distance of time from the commence-
meta of his incarceration, contrived the means of '
eluding the vigilance of his guards, and of trans-
porting himself from the Castel del Mare, which
he had many rewrote; to hate, us well as from the
Convent of Stiusati, which, on account of the trea-
sure it then possessed, he had so lately loved. But
now the scene changed : his Lordship no longer in
view of the convent P acle, no longer thought of
repeating his vows and protestations of eternal
fidelity and unalterable love. Sicily was, perhaps,
only remembered from the horrors of the Castel
del Mare ; and in all probability the Convent
of St i 11l aii, if remembered at all, was only asso-
ciated with the thoughts of captivity. However that
may be, in point of fact, from the hour of
eescape to the present hour, the Princess received no
further solace from the communications of her be-
loved spouse. The janitor of the convent was wholly
relieved from the periodical violas of the Achates,
and the Princess was left to bemoan her fate, alter.
irately fluttering on the wings of hope, or hovering
over the verge of despair. 'Die result was, as might
naturally be expected : the Princess languished;
her health became the victim of her sorrows; anti
as the only hope of her being snatched from an un-
timely grave, the clemency of tire Government was
appealed to. The appeal was not made in rain;
fur the Princess was liberated, after about two yeses
confinement, upon bail for 1,000 ounces of silver,
to undergo the remainder of her sentence when
called sport to return. Agent in the enjoyment of
the bleeeirtgs of liberty, the Princess, accompanied
by her brother, the Duke of Spinelli, set out in
search of the beloved fugitive. Their first steps
were naturelly directed toenails the country which
gave Isiah to hie Lordship, and in the hope of be-
ing restoird to the forte of conjugality, they
arrived at Straifind-place. Tints' rtforts wire or
vain : his Loiriship was no where to be found, and
there was no road left, but through Doctors' Com-
mons, of effecting resew-ethos of the former,
though trailers-sit, happiness.
Dr. LIAHINGTON, upon the close of the evi-
dence, addressed the Court. Ile commented as
severe terms spots the measures taken fur the pur-
pose of gaining au unavailing delay. The vushdity
of the marriage was established Imyoutl the possi-
bility of a doubt, and yet a still further attempt
was made to delay the sentence, upon a ground
completely futile. A marriage which was binding
in a foreign country, was binding here. This mar-
riage was contracted in perfect conformity to the
Decree of the Council of Trent, which was received
its all Catholic countries us the caursoical law ; bat
the punishment which had been inflicted.upou the
parties, was grounded upon a municipal law of

Sicily spirist elatielrotime mortinges, which cnul I
huvr asty rtfe-Lt, u► lee
diction herr. Ludy Ilierbert haul loud: trot r .rime
pum.hineset, mud laid beria f IWO ca ntiUy
to kterk reeirre.r.

Sir W. SCOTT did not see lion the had hero
drown front her country.
Dr. I.IISNINGTUN contended thio, in lioiot of
fact, the WII% SO driven, soot that untl. r
ShMeo.i., 1)r wait warn/04d in twin: ter,o.
concluded an utile orgioneol. %%nil
14(11 0. on% iction tint the Coon woll:1
grant Ihr power oi the 10-tnifol.
1)r. SWAISET, as Como,. I for 1-mil f ly. hr. I. COO.
troldr(l, that to lung liar to ..t tin erole• ett
b: the hlits of Sicily ow. Coo• t
could out lie werninteil iti lieCrttlioA
cohabioton.

Sir Wm. Sco•rT inquired when the :inie ostitl
expire.
Dr. SWADEY said, in the course of I lu. Levant
summer ; but as the mutter ww. tyt 11111,111rWil,g1,
plsitailte to Lord Herbert, lie huiwd the Cuul t would
entertain the objection.
Dr. I,msittmuTo N. .is reply, Niguel,. that
though the civil law had declared the marriage tit
he valid, the municipal law had inflicted a puoissli•
111 tiff ; hut the liutcr wit% only kt:tl, and curds' have
tug weight wires the Court iii deciding upon Ilse los.
titer. If the criminal law were Imedisig hear, Laity
I lerbert could have tits 11110"11119 of ohne tg mrt mit-
tuttini of her righte, but by persuading the pertly
so WI eel se to the suit, to undergo, vselisoilisfily, the
remainder of the sentence, end await its termina-
tion. The parties were now Uri( her of theist within
the reach of the mui.i.•st':d law of Sicily : they
were under the protection •d' the laws of
Sir Wm. ScoTt delivered Ins judgment lit cowls
derahle length. He recapitulated 11, evidence. end
the several puints urged by the respective Counsel,
still concluded by passing the usual sesigesiee fur
the restitution of conjugal rights, desiring to Mesa
a certificate ou the first day of Michaelmas Term
Out the decree bed been etamplied with. stud allow-
ing Lady Herbert the costs of the suit.

SOMERSET QUAhTER SE.sSIONS.

CONSPIRACY.

Nary Anne Price was indicted for having wick
erily and maliciously conspiied with one 1"
Broderick, her 1014,w-servant, to folsely affiliate to r
female bastard child upon her master,
Seeley, Esq., of Pulteney.street, Bath, and ut
Baker-street, London. The case excited consider-
able interest, as well from its singularity, w' the
consequences which the infamous cuioluut of the
Defendant threatened to d atost reopectiMe suit
honourable faintly. The I)efendaiit is a 11141 A
lovely W u, and appeared in Ciont unit the
utmost effrontery. Site is at.p.s.enoy About tarn y.
two years of age. By gesticulations thruirglo.ut
the examination of the wiliirystes for the prosecist iiiii
she endeavoured to it Ldate ur raiNe u doubt of
their testimony.

Mr. Nlooat: silly advocated her cill•V, 111'11 Cll),Cly
cross-examined all the witnes,.s. Tho
however', after a lootruit ~f him)' hours
continuance, was found Guilty. and be-iilulice.l
be imp,istmed fur tun gars :ti h.! 4'oMay .Z.lOl.
For Mr. Seslty this investigation h.... Istove4 moat
fortunate; as from such charges, where the oath of
the female is generally suflic:ent to establish
grace, few cam escape. filuderick, the fellow-ser-
vant, and the supposed father of the Clnid, has
absconded.

POLICE.

sow-sTnarr.

A novel charge of fraud has been under nevestigsions
for several slays past. The drives of a load of ha) to the
St. James's Haymarket, last Teemlny, was ►tuppsJ by a
malt, who asked him if his load of hay was to be sold!
to which he answered in the aliirmstive; ■nd the •harper
agreed to give seven guineas fur the load, soil urdered him
to drive it to a Mews in Swallow-street, where it was rs-
ceived by a coachman in the loft of a stable After the hay
wea unloaded, the coachmen and the tamper left the CPU..
man, and the coachman paid the seven goilicas to the
sharper. The carman proceeded with his empty cart to the
market, where his master bid heels wailing for him ,runt.:
time, who, on learning he had disposes, of the may, was ex.
tremely, angry, as it was against his ortiers, and inielieLlme
so when he learned he had not got the mousey. The ft.►err
on application at the stables could olonsu no information,
except that given by his Carlllllll. The coachman said lie
bad paid the man fur the bay of whom be bed bought it.
On Thursday the master attended before 11r. Gooses, and
stated these circamstances, producing his mere us CV:-

dente, abeam the Magistrate ordered a warrant 1,, be t..ae.l
against the cinchona, on suspicion of h,s Ewing coucecuca
iu the fraud.
The business has since been invest zsterl before Mr.
Ditt-
>rls:, when the coachman salisfat tingly 'mused that he h../
paid the man, 11110 prOVl'a to be a altarpel, fur the hay, to the
presence of the driver, who did nut object to it.
Mr. Wallace, the master of the coachman, sttcrdr.l, and
spoke in the highest terns of his intezrity stud
The cuachniau was discharged.

If the 'lnman hair 04104 11r1)11eily attended to,
bHld heads or trr.l, ',tars would not be Hero ogsin-.
ROWLAND'S MACASSAR Olt, the mily MIMIC ii 4114
IC:Illy produces hair eu bald 'darer ; 'orrery. r a and 4
it beautiful from infancy the lat. id period of lair ; J it...
BJ.—and One Gitiora per 1,441:4.. Also, Rol..
LAND'S F.SSENCE of 'EYRE, which inimediaiely
Red or Grey hiair, Whiskrta, Eyehroaa, fire. to a ht4Ut.l6 .
glossy aud permanent Brown or Klink. imitriure Uie t
natural colour. May be applied anis east 411,1 tylCits!.
411.-78 611 —aud pc. boi.le

The hounds of Mr. Lloyd. of Clansevin, weir I.uuunr i.
the neiglibnui hood of I.lallitusesy 1...4 wetk, ne:d w..e au..
cessful in killing A great many foto,' ; one ..f winch. •..
mouse dug ft,a, was unhenuellsol at •liven o'clock in .11.
entoning •t Millbrae Warren, suit made oil' to CI ,izu boo,
and (ruin thence 111 Ufa (41101C11% Wiitht, hear T, era. i.
he then made over the I:plet 1411, and rail tor 1.:a..« )41,4
where repaid thought riopir to take its., t
dawn in the river; but the boolota suust.thien
brisk tally-Au, and he finally ran Gstetheestru,:ie mow..
tains of Ystradflim, sod nag killed near laird ratii4.lo4
moats, is the middle of the riser Tut, y, at six o'clock ad
sight.
. Friday the John Barry roiled front Partuntoteb.
for New South Wales. with 142 goolviets fruit. titn
bailout that pine.. Jona 114tomAit inane. F. 44.
the Colautiottioner Iss inquire
atiitirs feiibtlVe to the gore-manna .4 New 5v..4.
Wilea.asid Mr. Saari'. her Secretary, wt
gees.
• atititil.r.aged worn, of the name of I lottruai At,
who 'traded near Weetestoseter-bridge.
threw /motel( over the halluehutle tutu HAI Itottits ,
and was thowoed.

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