The National Register.
London, England, 1809-11-12 00:00:00

ELOPEM ENT.

Mr. Richards called the attention of his Lordship to the ease
of Miss Nicholson, a ward in Chancery, who eloped on Wed•
nesday, the 23th ult. with a comedian of the name of Giles.
from Tunbridge Wells. The lovers• made the best of their way
to:Lnndon, and took lodgings in the parish of Mary-le-bonne,
in which church the banns of marriage were published. Through
the activity, however, of the family Solicitor, and a Bow-
street officer, their residence was discovered on Saturday, w hen
the person of this most prudent young lady was ►eeured, and
delivered over to her friends.

Mr. Blythe, as Counsel for Mr. Giles, stated that he had
much to offer in extenuation of his conduct ; but that he refrain•
ed, from considerations of delicacy to the family of the Lady.
He stated the contrition of Mr. Giles for what had passed, and
his readiness to submit to any terms which it might be his
Lordship's pleasure to impose. As to the conduct of Mr. Smith.
the brother comedian, who had assisted in the elopement, and
had lent money towards carrying it into execution, he had a,
affidavit from him, stating his utter ignorance at the time of the
Lady's being ward in Chancery. He read this affidavit, awl
also another from Mr. Fry, Mr. Giles's solicitor, in extenua-
tion. The Learned Gentlemen then stated, that Mr. Giles was
without friends, and without any means of subsistence; so that
his utter ruin was certain, in case of confinement.
The Lord Chancellor said, he could not avoid remarking the
impropriety of the Clergyman's conduct, who had published
the banns. He (lid not wish to impute any wilful impropriety
to the gentleman who had acted upon this occasion; but an error
he was certainly guilty of. His Lordship now deemed it neces-
sary to lay down the law precisely for the guidance of those who
might he hereafter concerned in such circumstances. He under-
stood that Clergymen frequently published banns, upon their
being handed up to them, after the first and second lesson. The
law, however, allowed no such power. By the Act of Parlia-
ment for the regulation of marriages, the banns should be made
known to the Clergman at least seven days before their publi-
cation, together with the christian and surname of the parties,;
christian and surname of the parties, the parish in which they
resided, together with their respective residences, and how long
they had occupied them. It was the duty of the clergyman,
after the first not ice, to go to the house to which be was directed,
and make enquiries there as to the correctness of the facts. If
on such enquiry he was deceived, then he certainly was not to
blame : but if he neglected to make such enquiry, he was subject
not only to heavy ecclesiastical censures, hut to punishments of
another description. Ignorance on the part of the Clergyman,
would not avail him as au excuse. He cited the strictness of
Lord Thurlow in the case of Doctor Markham, and recollected
himself a cause, in which the absurd excuse of the ollkiating
Clergyman was very near subjecting him to a severe prosecution.
The Clergyman said he had given the strictest orders to his cu-
rate : the curate had given the same orders to his clerk; the
clerk to his wife; and so they accounted and thought to apolo-
gize fort the dereliction of their duty. His Lordship advised a
petition to be sent up in the course of the day, from'Mr. Silert
which he would take into consideration. A petition was after-