The British Press; or, Morning Literary Advertiser.
London, England, 1820-03-30 00:00:00

1

7
I

WISTMEATH V. WILSTNIZATH.

mo.----

marriage. Relative to the coots of the suit in the
Ecclesiastical Court, which might, us they dirt iu
a late case, 'musing to L-GOOf. canting dnt of the
lunatic's properly would be itepossible, fur on the
marriage heong properly annulled, the property
'would go-beck to the lunatic's mother. He would
*hell ask how Ilk Lordship, sitting in lunacy, enfold
deprive the nintber of the proceeds of the estate ?
Mr:GAMUT.? followed on the same side.
The kerditaxT-GaugaiL, Counsel for Mrs.
Ellis, said, that the Master hail made his report
under a mistaken feeling, although an hmitrunible
ma. He was impressed with a sense of the increas-
ed comforts and theimprrived state rit mind of the
lunatic since his marriage. The .Cointnisi-ioesers
under the comnshation of turnkey had, however,
thought proper to hove hail the lunatic before them
to examine him, and on his being asked was he
married, or a *inlet man, lie answered that he was
a single mall. and hod never 'Steil married ; and on
his being asked his age, hr said he was fifteee,
although he was forty-fonr. When the lunatic was
married, his mother took him ill a chaise to a vil-
lage near Norwich. The Clergyman (the Rev.
Mr. Lane) doubted the propriety of performing the
marriage ceremony, and applied to a proctor at
Norwich, and the Bishop's Secretary, for advice
how to act, and they were of opinion that he could
not refuse to marry the lunatic and his now wife, as
-the banns had been regularly published, and no
objection mate to them. The Clergyman had,
however, refused to give information as to the con-
duct ..f the lunatic while the marriage ceremony
wris performing, but said he woirlol disclose it when
celled to do so by a proper tribunal. He was con-
voiced that his Lordship would not be of an
opinion that such a energiser ought to stand gond.
and it would be better for the lunatic that it should
be ennui/tat now than in nice or ten years hence,
when he might have a number of children issue of
this ill, gal marriage, who would be left on the pub.
he for support, there being no provision iii the tes-
rator's will for the illegitimate children of the lu-
natic ; therefore, when the mother of the lunatic
Encouraged the marriage. knowing the imbecile
mind of her eon, by which he was bas/levitated
from contracting marriage, it was not too much to
u.k that she should poly the expense of undoing her
own improper act. Much had been said shoot
the comfort' the lunatic enjoyed with his wife, and
the care she took of him. He had an affidavit
which set forth that she was a prison in obscure life
before the marriage took place, who had been
soeght out by the mother of the lunatic, and that
the lunatic never saw her uutil he was brought into
the church to marry her. Under these considera-
tions, lie trusted that his Lordship would refer the
Mater's report hack to him for reconsideration.
Mr. COLL:IEION followed on the same side.
Mr. WETHERELL replied.
The Loan CHANCELLOR observed, that the fa-
ther of the lunatic made his will in 1814, and
that he died in 1818 ; and that he contemplated
es try thing in his will that might happen during
the j t lives of the mother and son, and also
in cs-c of the marriage of the son, and there
I it not one word that the soil was not to mare, al-
though lie must have known that his mind was im-
becile to a certain degree, so far from it, lie pro-
by his will for the issue of the son's marriage.
Therefore his Lordship must suppose that he look;
ed up to the marriage of pis won. There could lie
un doubt but Jane Ellis and her daughter haul an
i,terest iu setting aside the marriage -attic lunatic,
and it would give him great pain to he obliged to
give them a lima out of the lunatic's property, foe
toil purpose of annulling it. if the mother of the
Inn :she did wrong, which she certaitily dill, in bring-
ing about the marriage. it appeared in evidence be-
fore the Master that Mrs. Ellis did over and over
gain propose to the another of the lunatic to marry
her daughter to hint, and the excuse she makes fur
laving done so is, that *lie wanted to prevent him
ally other person but her daughter,
which stewed that she thought 'be lunatic was a tit
person to marry. The -cominisoion of lunacy was
taken out immediately after the marriage of the
lunatic, by Mrs. Ellis, which was a certain way to
deprive him-of his property. If the marriage took
place when the lunatic was not of sound mind. how-
ever painful it might be to him, it was his duty to
see it set aside; bat he would not do so without loa-
ther inquiry. He would ask, *weld Mrs. Ellis
bring a suit in the Ecclesiastical Court to set aerie
tie marliage, at her own risk and expense ? He
wished that question to be answered against the
next petition day.
The Loau CHANCELLOR at one o'clock left
the Court to hear a lunatic petition iii his private
room, and did not again come into Court.

COURT OF CHANCERY, Liwcomes INW HALL,
WWNESDAY, MARCH $2.

The ATTolttl KY -GlEtt ER • L (on behalf of Lord
Westmeath) said, if he had before entertained any
doubt that the coarse pursued by himself and his
Learned Friends•was the eight course, in bringing
this matter before his Lord hip, the very able ad-
dress which Mr. Shodwell had just concluded,
would leave satisfied him that it wait the only one
41• at could with propriety be adopted. The at-
tempt which had been made to bring the imitate
quarrels and dissentious ;Ouch have unfortunately
calved between my Lord and Lady West-
meat!, before the public, was wholly unnecessary, and it was
quite irrelevant to decimation which his Lori!sliiii had to
decide. For himself he had bets' anxious to aithdiais from
the public those scenes with cat, d, the pubiir had nothing
to On—the subject 4ta If a aa a painful one to the Noble
individuals themselves—it a,: also most p.,oifeil is their
friends and relatives; but it must be a great iurreare
of their psis that this unhappy difference should have
bees made the subject of public discussion. After a pro.
position lad been made, soil acceded to by his Learned
Friends on the other side, that the letters which had pasted
upon this gentler between eny Lard and Lady Westmeath,
ahould lie read by Iris Lordalup, and out dragged before the
gmblic, be was ouch suspriail to find that the drawee,
whose anxiety, one should hare thought, would bare ;Neu
equal to that of strangers to bring about ■ reconciliation,
whose duty it was to have endeavoured to have healed those
unhappy disputes, and out to have dune all they could to
Widen the breach; they knew that the interference of
friends had owe pruduced reconciliation, surely they ought
thee, if they were actuated by proper feeliugs, have wooded
every thing that was calculated to irritate and wound the
feelings of either of the parties; but instead of adopting
this coarse, the trustees had been anxious to drag the M.
vale different?, of those Noble individuals before the pub-
lic. His Learaed Friend, Mr, Wetherell, bad said that it
was ouch better, 'hem such contracts wire executed, that

fhis abroad be felfilled, as it would withal's" from the pnh.
lit rye series with which it bad mithinesto do; and which,
by their frequency, only tended to immorality, and to
weaken the respect with which the matrimonial contract
ought to be looked intim; snit yet, as Couloir; fur the trus-
tees, his Learned Friend declined in the List tontine. ttin
thir ease should lw hearil by his Lordship in private, and
insisted that it Wired be made the topic of public dimes.
aims. Hr (the ILlitiarney.Gramil) was Pure that this salmon,
statement of thine'unlrappy demolition 'mold have No effect
ul his Lordship's judgment, because it was epos • ques-
ta' law that this rase must ultimately by determined.
If any parehtl feelings had beet emoted by the ilietnesime
at this seljeet, and painful it most have heels be well knew.
-to mane pennon, let it be recollected that it was not Lord
Westettesth, but the truant s, who should be the protectory
1111.1 guardians of ibis Lady's interests; whir, if they had
• any regent foe this Lady's feelings. whit, If they had any
wish that these scenes should be withheld from the public
eve, if they had the desire which the Calmed and which
strangers must have, that • ireeseciliation should eltimately
take place betimes the parties, he said the they (the "us'
tees) had alone all they could to preeon •reconciliation
taking place, wives, through the mouth Of their Coined,
they had given • partial etatAsent of some fads, sad others
they had exaggerated, and fa mawy instaaces they had insi-
nuated things which were wholly untrue. He was sure that
the course which his Learned Friend hail adopted, was
not a course consonant with his own feelings, he was only
the advocate. Yet these thing, were brought forittaild Milli
a view, if possibly, to prevent that which might to be the
desire of every person, 'tamely, a reconciliation; but so
far from this being the wish of the trustees, that it had bets
said, any Judge of the Ecclesiastical Court who should have
this case brought before him to decide, °settle-tie hided
from the mat of justice if be attempted, by any decree, to
bring these parties le a reconeiliatios. Is tbislndicions ?
this discreet? Is /hie proper in a question of this sort? He
(the Attorney G I) would say, if there were tun persona
who ought to have introduced topics like these, that the
trustees, who are the protectors and guardians of this Lady,
ought to have been the last persons In have dose so. It hay
been stated as matter of charge evilest him, that he brought
this before the Court in a short, dry, tanner; but even his
learned Friend (Sir. Shadwell), who un the same side
with Mr. Wetherell, bail stated to his Lordship that it was a
mere dry question of law. He hoped he bail not erred Gene
his duty, ita endeavouring to resent them private disputes
being glade the matter of e public discussion, whatever had
heels said by one party or the other, reconciliation ought to
be the 'deject of all. in ewileavouring to introduce this sub-
ject before Ins Lordship, lie had consulted the wishes of
lord Westmeath, is noxiously avoiding the mention of sty
thing which could excite a painful feeling owthe part of
Lady Westmeath. He lied, upon a former oce.asion, staled
shortly to the Court, the grounds on which the previottais.
junction bad been granted, 'tamely, that this wee a deed
which the Court could not uphold. It was the wish of his
Lordship, that the Colonel who had argued this caseupon
the first application, that they should eunLue themselves to
the question which wait before the Court, as to the validity
of the deed, sod Mr. Blake, who, it teems, knew the par-
ties, and bad other feelings than those of an advocate,
1w at length argued the question upon this higher ground.
He lameated that this course had not been adopt-
ed by the trustees, instead of adopting a coigne that could
only tend to widen the Meads, and prevent the possibility
of a reconciliation. But lie would sot follow the example
which be thought had been most improperly set, it should
he his endeavour to avoid recrimination, and every thing
that could only tend to irritation. He abstained from fol.
lowing the course adopted by his Lamed Frteed, Mr:
IVetherell, ootwitlistandiog the provocation, but is doing
se, Ise was sot ilia d by any apprebersiou of what may
come out when the thing shall come before • proper tribu-
nal, tier was be afraid of what the result of the inquiry
would then be; in saying this he was, at the same tune,
most noxious that no such dismission should ever lake
place—God forbid it ever should take place! at all events,
Mat-Coact was not the proper town where such a sulaject,
could lie brought forwent, !because it could nut have • suc-
cessful tenninatiou tliere, fur his Lordship could not decide
it. Notwithstandiag the obloquy which had bees thrown
upon my Lord Westmeath, he felt conadent that if erer
Lady Westmeath was so ill advised as to bring this subject
fur ward where it could be properly discussed, Ise was coo-
fident it would turn hut that Lord Westmeath was as little
culpable as Lady Westmeath. For after the very period,
previous to whith rich heavy complaiiits had been made as
tir the conduct of Lord Westin...oh, complaints whiebliad
Men in many respects will t the least foundation, yet
even after this period a reopseciliation had taken place; they
lived together. sail a child mas the frail of that second.
Intern ; yet Me. Wetherell had argued at great length, that
to
ri coliciliation had taw taken place, after August 1817;
his Lordship would see, that the deed of 1817, was made
in the contemplation of a separation, it was not mole is awn-
sego/nee of the proton separatient, heat with a view to • fu-
ture separation. The innrveation of mutual friends pre-
vested at that time the coutemplated seperatiou, but no
such intervention had taken place here. His Learned Friesd,
in his address to his Lordship, had said, that he (the Atter-
uey•Lieneral) was mistakes, in saying that this dead was
wool, because there was lie evidence of any recouciliatioa,
hut the deed itself recited the fact, that a recomilialion was
likely to take plane, Ind it was under those cireenistaisces
that Lord Westmeath eacristeri die deed. • He would ask,
then, what became of all the eloquent declaniatios of iris
Learned Friend ? fur all the letters which his Friend had se
unseasonably Introduced and communed upon, were all
written anterior to 1817, and a mouticiliatiou amok plate after
these farts, soil yet his Learued Friend had said, that • Judge
In the Ecciesisslical Court, ereeht Not be worthy of sitting
in that *dilation, who, after this reconciliation, was to re.
store Lord Westmeath to hie-footage' rigid a. It was said,
dist the first deed might be left out of the .consitkraties of
the Court. He was rot serprisedat this being said by his
Lesrnett Friends, fur they could not but feel, that If the
deed of 1817 was at all to be connected with • the meettiad
deed in 1818, that they had no ground to stead epos is
that Court; but be thought when his Lordship tame
.to
look at -the two deeds, it wool.' be, in his Lordship's opi-
nion, impossible to separate them. it wan, is fret,* ems-
tinnatiou-of what leek place in the nomult of December,
1817; and there was one important obeemation to he made
a. to that deed, and. his Learned Friend, Mr. Shadwell, fell
how notch it operated against hum, that be was onions, in the
first iestauce,to dispose el it. The deed of 1.817 waste execs.
tory cuutraet ; it motes that they had agreed to live together
but that, an a consideration, Lord Wistaarath had agreed to
eacciite a deed, in which lie granted a term of 99 years. The
deed, in 1817, was expressly tittered iota, not in coastline('
of an actual separation which bail then takes' places but im
esasequence of • remeciliapme, after those facts whisk my
learned Friend, Mr. Wetherell, sine would prevent Lord
Westmeath front ever succeeding in any applicants be
might make rot bit marital rights. This being the ea!, in
M ay, 1810, Lady Westmeath, from what coenobite rot appear,
wishes to lore separate from her husbaud, itirou which their
' mutual -friends meet, and they prevail upon Lord West-
math to say that 1,601. preemie:a shall be the tuna abatis.
is to grout as an amenity for the benefit of Lady Westmeath,
sod of their child, fitly Rasa Nugent, not merely stoking
a provision for the septette masoieimuce of Lady West-
meath, but it follows up the words of the covenant of 1817
by greeting a provision for the child..—aed not merely for
the child that was bora, but also fur the child with
which Lady Weetinestla was then pregnant. His Lordship'
isnot Wok upon this as a proof that this was a coulinuelion
of the deed and covenant executed by Lord Westmeath in
1817, and which be said wag void, as being contrary to the
policy of the law, because it was made in the coutemplati 111 l
of a future separation. He was not, however, desirous of
' resting his ease upon the connexion of the two deeds, for
be thought that he could satisfy his Lordship that the deed
of May, 1818, was odd in itself, without spy rertrence to
the deed of December, 1817; taken per re, be could Satisfy
his Lordship that it fell directly within that
ass a deed sloth the Court not °illy sonifil not enforce, bat
being spinet the policy of the law, his Lordship would en.
domio- to prevent the parties from demising any inlvautage
fro it. This deed diciest recite that a separation halal.
ready taken plate between Lord old lady Vitaldtelldhs, hot
it states that " the said Earl of Wratmealli,.,al lhu side
desire of hie wife, hid agreed tp live separate mid siert."
—Vow did they live separate and apart itnatediately

upon the exeentina of Olio deed! No ; on the tiontrary, his
irdship Beds that at the time this deed was executed, a lead-
ing person in this solace was engaged tu do what? to take •
house for the (atom residence of the Gointess of Westmeath.
le' the answer of Lady Westasesth, she slates, she is entitled
to oithilraw herself, and hue *epode sod apart front her
husband, sad she submits lathe judgment of this Court that
she has a right to do stet° live with her child in • house whit*
Viscount Cressborne had engaged fur her, in her own name.
Met would then melinsit that uss the face of the feels which
were stated upun the record, that his Lordship would take
it that after the deed in May, 11118, was executed, these
9
parties continued to live together instil this bill was filed,
*hen she threatened Lewd Westmeath with witbdraoriug her-
self (nun his protection, sod that Lord Crantoorm was
seeking a house Car her fissure residence. Had any of hie
Marred friends produced a single case to satisfy his Lard-
ship that any agreeinesit for a future separation was good ?
Hie friends have ackstowledged that no such case was to he
found Se the books; all the cases which had been cited by
Mr. Wetherell and Mr. Sbadorell, were all agreenseuta after
separatism hail taken place. Where did they Ind that a
wife may mike an agreement that she shall live apart
from her husband? How came it that trusters had never
claimed this annuity before? But they have a right to claim
the arrears of the annuity, sad that whether Lady West•
'Reath was reconciled or withdrewn from her husband, they
are entitled to the :tenuity. They contend that, misstate or
sot, whether separating, sud living together again, sad
'though there should be subsequent separations and ref:esti-
liatione, that they, at all events, are entitled to ibis annuity
daring the joint lives. Lord and Lady Westmeath were
living together in May, 1818, when this deed was rectified,
sad down to the filing of this bill, when Lord Westmeath
finding that Lady Westmeath was about to withdraw
herself, he then come into this Court to endeavour
to prevent Ibis contract taking place, as laces( too.
trary to the policy of the law. If it had been made in
conseq of • separation which had actually taken place,
and which was then contioulag, he was entitled to state to
his Lordithip, from the arguments of his Learned Friends on
the other side, that if they had mine together both ifek, as
his Learned Friend expressed it, fur a day, then there would
have been an end to the deed, according to this argument,
for they were obliged to contend that, his Learned Friends
said, though it was for the joint life of herself and husband,
it ass necessary to insert that which the law world see exc.
ceded, tls.et it was made with • view to the legal point
which would apply to the case, that if they came together
again the provision would cease. Then take it either way, if
it was made in the eoutemplatitin of • future separation, as
he said it was by the terms of the deed, which was made
with a view to enable Duly Westmeath to separate her.
self from her husband whenever elm pleased, and nut on
account of an actual separation having taken place,
which the recital proves bad not. If his Lordship con.
sidereal this as a contract with a view to • farther se-
paration, then he submitted, upon all the authorities, that
it was a contract which the Court would not only not
enforce, but would not let the trustees enforce. But Lady
Westmeath says she bad a right to withdraw herself, and
that she lyrist itled to do so upon the authority of this deed.
But the deed was void in itself, sod though lie was to admit,
fur the sake of argument, that the separation bad takes
place, and that this was not made with a view to that seri.
ration, how could the deed he supported upon the argoinsent
adduced by his Learned Friend, Mr. Weiberell? Oue of
the groan& upon which he (Mr. W.) said be was entitled to
go hitt, all the facts of this nee was, that the bill
alleges them deeds were improperly gni from Mr. Sheldon,
sad, therefore, is the jnotifieetion of Mr. Sheldon, be says, it
is necessary he should slew that there was we fuuudation fur
this (beige; but he (theAlterney General) was in I hej 'Optical
of kis 'Lordship, if when he moved for the injunction Ise bail
dome it wpos that ground; upon tile contrary, he carefully
abstained from allnding to it. It was not upon that ground
be hail made the motion, yet his Lesrued Friend had thought
it right soil proper to make that the ppulogy for going tutu
a long invective upon the conduct of Loral IVestmestb npoa
that occasion, to thew that one ground at least upon which
relief was nought for by this bill bed failed in cillasequenee
of theawswer of Mr. Slieldow. .Me (the Attorney-General)
is reply imam, had Only to say upon the °maim of this
interlocutory motion, he did not think it right to lay nay
seslegniond before Isis Lordship, it would be sufficient to
do so el ever the cam game to a bearing upon that point.
Whether shot charge was made oht or nut viion the present
occasion is wholly irrelevant, Isis motion fur an injunction
was nut fomented wpm any sorb gratitude, it would
be sufficient time to go loth that wbeuever that point
should come sn le he decided, at present it was pre.
mature, ems the part of Mr. Sheldon, iss his (the At-
torney General) abstaining from guing into that topic, for
him (Mr. S) to inttoduce to his Lordship a hug investiga-
tion rpm that suloject. He abstained from soaking any
observation upon that part of the case; be did not enter
into any matter of localisation, but since it had been iutro-
dared in the course of Ilse argument, his only reply to it
was, that whenever the day shall arrive, proper for that pur-
pose, abets he should have to contend upon that point be.
lure Isis Lordship, he had no doubt that Lord 'Westmeath
world be able to exculpate himself from lowing impreperly
introduced this aflegstimi in the bill ; and that, if it comes
before the limper forum, Lord Westwieetti will be found to
stand as fore from any charge as Lady Westmeath dues.
The ground of his motion was, that this was a contract cos:
teary to the policy of the law ; and that kis Lordship enter-
Mining a jurisdictiou in this case, a juriseliclion which
a Court of Law has not, lamely, to compel the party
to deliver up the deed, or to put it in inch a train of legal
decision as to inform the conscience of the Court as to what
would her the effects, and whether it would be good in law.
His Lordship would see that his Learned Fs iced', bad gone
into a eery longdocussion upon the various cases upon the
subject of separation between husband and wife, mud Mr.
Shadwell hod brought before them cases which, with all de.
feresece to him, have no besting on the 'present question.
Maltby v. Scott have scarce any bearing, because a wife can-
not snake any contract to bind her husband, except as his
agent, if they are living together, or if they are living sepa-
rate, it eau only lie enforced as the contract of the hitsloand.
The linsbaud is bound to provide necessaries fur the wife,
the ordinary necessaries, soil the law says, she has authority
to compel him to do that. Even if they ore living apart, if
it be volumes to the world, and the wife provide necessa-
ries fur herself, the husband is still answerable ; and yet it
is said, that there are cases to sheet thnt the wife cast make
• contract to live separate from her husband. But where
did his Learned Friend find any such ease ? Does it appear
in this case that there was any mutual contract upon the
part of the husband and wife which could be recoguised by
a Court of Law ? Nu ; no such thine: for its he heftier
said, the law throws ou him the ohligatiou of providing
those things which ere necessary for the maintenance of the
wife, and the law gives her an authority to obtain
them in the husband's name, mil he may he sued upon
suck contract. The Cane oh Barwell a. Brookes, which
has been relied upon, certainly has now Ho authority,
having repeatedly twist overruled Icy contrary decisions',
Never wan there a more extravagant ps °posit iois Ibau that a
husband and wife might contract with each other to diet
sole, • moored which was irdissultilde by the Inialature:
It had been contended, that instead of benne coutrasy to
policy,it was Isis Lordship's duty eu uphold them, sisal !en-
force them by all the means iii Isis power—that although
parties tad entered solemuly into a civil anti religions con.
tract, yet, that they themselves should be enabled to enter
data these contracts, because, forsooth, it withdrew from the
public those diecussious which weir so unpleasant to every
one, thought, iu the judgment of his (Mr. Wetherell's)
clients, this was an exception In that role. This was a case
which, so far from its being ilesit able thst u private
erasion should take place, in which event the public would
Poem nothing, shoat it, this was au exeeption in that po-
licy which be (Mr. W.) had said ought to be adopted to
withdraw from the public the tittle-tattle of the day and
the gossip of the town. Ile (the Attoroce•General) would
ray, that if that argument was worth any thing at all with
regard to a divorce a menses et !kora. it snort go to dissolve
the marriage roatract altogether. He would ask, if this
ware stet contrary to policy ? If there was not • contract of
marriage which the law had pronounced to he todissoluble,
in which both psi ties had taken us themselves duties which
they were humid to pastry, he asked if this contract should
be pat sa end In by sea egreement between the *parties who
would opilm into a Comet of Equity ter a Court of Law

nd
this
att o
becausikitrplaulwetti.oafnindmeanerurarr.ilsagteui:a'?filinbetTol eat
dettaugeithipaanadorl scahninili.l7l2l:f.ei
he
and wife with regard to the children, the future off-
spring of this marriage., a child with which lady Westmeath
was thee pregnant; they were to be takeis front the paternal
ears, and be placed undrr the care of the mother. He was
releniposis all the rights and duties of • father to his
children ; yet dist, it was said, was not • contract against
public "t), hut," said his friend Mr. Wetherell,
" sir what the "genteel is on the other aide; really the
Altoreey-General advances the scaring and frightful prop".
position, ilea the parties cameo compromise a mot." His
argneteut went to no such propeoithm. What there was that
was so scaring and frightful lweweld not we he did not
say that parties might 1101 compromiee a snit, bat be had
said that they could out contract wnh each other to put an
geed to the marriage contract, yet IQ ;Mr. W.) hod concluded
sit. sapling, as he had done, to scare and frighten him and
Lord Westmeath's Counsel, by brinier this forward
publicly, is the hopes that he would nut pc in seek-
hag to obtain the motion. His proposition was no tunes than
this, that such a contract between husband and wife was
an illegal contract, as being contrasy to the policy of the
law; Mal was the scoring and frightful propneilioe, which,
though it might frighten his friend, Mr. Wetherell, would
nut scare and frighten any body else. He now wished his
Lurdship to look at what the itotilreet was. It was a deed
to effect • separation, because it did out recite an actual
separation, hot only that Lady Westmeath had desired to
live separate from Lord Westmeath. It was proved and
admitted i• the answers that she had not lived sepa-
rate until this suit was instituted, becalm if she had, he
would ask his Learned Friend, Mr. Shadwell, whether he
would bare stated in the answer that "she weisild wish in
withdraw herself," if she had before withdram herself? For
Viseoust Cranleurne, in his answer, had said he was about
to procure a house fur her, in which she might live separate
and apart from her heedianel. If that was so, it was a derd
looking prospectively to a separation, which was bad ac-
cording to all the authorities; if that were not en, but that
it was • deed entered into at the time she actually sepa-
rated, and they hail lived together again since, upon that
ground also that deed was put an end to, according to the
highest authorities. If • deed merely securing a provision
in case of some future separation was against the policy of
the law, how "nut+ mere so was it where a wife was placed
such • situation as (to use a vulgar expression) to play
fast sod loose with such • contract, endeavouring to culotte
herself to this provision, whatever ber conduct might be, or
whatever her demeanour might have twee, in spite of her
husband. He did out know whether the deed would not
prevent Lord Westmeath s'supposing such • case likely to
occur, and which, he begged to say, he was far from
tug should ever occur)—he would not use names, but he
would say A and B—be would rather put it so—he did not
know whether it would nut go to the extent, that if A (the
wife) committed adultery, B (the husband) could not bring
the action : for she was, by ibis deed, to be freed altogether
from the fetters of the marriage contract. He beard his
friend say that this was stuff: he should not beet all dig.
composed by the interroptioas; he knew his argument
might be stuff, bet his duty should not prevent him front
using any argument which might be for the benefit
of his client. He was not addressing the Comae' on
the other side, for he did not suppose be should be
able to convince them ; he would be content if he could
convince his lordship. He was going on to say, that that
it did sonesont to this, that she should be freed altogether
from the terms of the marriage contract. it would entitle
the Wiser party to say to Lord IVestmeath, if be attempted
N sue its the Ecclesiastical Court—the answer would be,
that there was • covenant that he should not see fur • reale-
lotion of conjugal rights. He submitted that this deed fell
within the range of cases which had determined that such a
deed was void, Bet his friend asked, why did not Lord Wert.
meath sue for a restitatiou of 'conjugal rights! his answer
was, that if such misconduct had lake° place on the part
of Lord Westmeath, sod she 'could support her title to a
separation, why did not she midis the Ecclesiastical Cowls!
The Courts were open to bee, mud nut only open to her, but
his friend hod said, that if auy Judge shield compel them
to live together, he would have deserved to be hurled from
the seat of justice and consigned to eternal- infamy. This
woo a case of very great magnitude and lasportsuce, net
merely as it respected the parties, but every person who en-
tered into the contract of marriage. Behree be sat down,
be mold not hut lament, that when • mere question of law
was to be discussed before his Lordship, thin it should have
been introduced in any other manner. He was willing to
submit to all the censures whirl, • had been cast upon him,
fur the brief and dry way in which lie bad introduced it, and
to the dexterity which Mr. Hart bed applied to him for the
at of introducing the question, 'relieving, as he did,
that the course he took was most likely to bring that
question alone, which ought to have been brought be-
lore his Lordship, and It was brought consulting the
feelings of every person, not only those wbo were interested
in the result of ibis suit, but every person who was comfort-
ed by the ties of blood, or by else ties of friendship, were en-
deavouring to draw a veil, if possible, ever those unhappy
eireuntshisees, in the hope that when they came calmly to
cementer-this-case and-review their past conduct, those noble
individnals might be led to effect • -permanent see-media-
tioe. For himself he must say, that he indulged that hope,
steel it was this which had induced bins to pursue the course
he had; but lie had beets frustiatrd to a certain 1111111111, not
by the Conesel fur Lady %Vestmeath, fur they at least lead
the good sense mad discretion to abstain from irritatiag to-
pics, audio Mier. before bit lordship the real weenie') ; but
those trustees, through their Counsel, who he supposed was
not instructed to heal the difference.' and to bind up ibe
isuunds, he had (bought it fit fur their case to drag before
the public these discussions, which would be inserted in the
newspapers, and form the idle tittle-tattle of the day. If
ally person's teeliugs were hurl, itemeld not, he believed, be
imputed to him, few he was not conscious of having said •
syllable which could *mina the feelings of Lady Westmeath
or of any of the relations. He might hare been wrong in
11w rower be had adupted--ihe interests of his client might
not have been consulted by his taking that course, but be
thought that if be brought before his Lordship the contents
of those deeds, and resting upon them dryly, contending that
they were eot legal instrunu nes, mid could nut be enforced,
lie had hoped that the case would have been so argued, that
nothing would have been intrudnerd which had a tendency
to !not the feelings of any of the parties. Looking at the
case in all the views in which it might be (skew, he trusted
that his mutton would be granted, sad that she Defesidaut
would nut be permitted to maker= the deed in questiou.

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