The Sun.
London, England, 1805-03-30 00:00:00

MARCH 29.

ST Y MOUS. sorrow.
This was a subjea which came before the Lotto
CH ANC Limn upon two Petitions; the one to con-
firm, the other to oppose, the Re-port of Mr. Ord,
one of the Masters of the Court, who had approved
of Lord Euston and Lord Henry Seymour to be
uardians Of an infant daughter of the late Lord and
Lady 11. Seymour. The infant is now turned of
six years of age, and has ever'sloce she was a month
old been under the care of Mrs. tritzherbert, to
whom, it is contended, on the one hand, the care of
its maintenance and edtication ought to be confided
for the future ; on the other hand, it is insisted that
the cl-e and guardianship ought to be given to those
two Noble Lords whom the Master had approved

for that purpose.
Some previous arinments took place as to the
form in which the matter should be discussed, it
being contended by Mt. BRAINS (whoappeared
rn
Court as special retainer), Mr., .0,0.4 and Mr.
that they ought to begin,. his4use they
bad to open the case, since they. oire to thew his
Lordship cause for setting the barter's Report
aside ; and the other party Ilia ...thing to pray,
but merely that the Mettetfe Repao might be con.
firmed. •
On the other side it was contended, by the At.
TorE
NY Glint 41, arid Mr. itlaAaps,.. that as
their 'Petition was presented first, there could be
no doubt they should commence.
The Lotto Cu isbl.o I Leol. put an end to the con..
test by observing, that, in point of form, the Petition
first presented should he first heard ; but that after
the isubjea was opened, hat should, perhaps, have
occasion to hear the' same 'Gentleman more than
once; and in a case of this kind he would hear the
same Counsel 20 times if that were necessary tri
ostoo him in forming a judgment, and therefore
there was no utility in making any arratigements
with view of settling who aliould hate the advai.
sage of a reply.
Toe AT-rostra? GENEXAL then said, he ehould
only state kis Petition ore forma., and then his
Learned Friend, Mr. F,'.WCINE, would open the case
against the Master's Report.
M. EiCilC. :NE then proceeded to open the case in
sepl,es t of the Petition for setting aside the Master's
RepOrt, approving of Lord Euston and Lord Henry
Seymour, guardians to this infant, and to' contend
Ur continuing Mrs. Fitzherbert as such guardian ;
enter whose care the infant had been from a month
old to the' present hour, In the course of a very
eloquent 'speech, he took notice of these as the most
leading topics : The Will, and several Codicils .of
my•Lorti Hugh Seymour, in which he expressed
the most ardent love for his virtuous and truly arni.
able wife, Lady Huratia ; contemplating his own
death, he provided that she should be the sole guar.
dian of his children; but conceiving the possible
event of hit widow taking the proteltion ofAnother
husband, in that event, but in that event only, he
appointed Lord glutton and Lord Henry Seymour
joint guardians with her. But she died before his
Lordship, in this country, and he in the West In.
dies. Therefore, Mr. Exuma contended, that it
was the Noble Lord's intention, that in any case,
except that of Lady Horatia Seymenr marrying a
second husband, the Loan CKANCELLORI• in virtue
lath; prerogative of the Crown, which his Lord.
chip represents in the Court of Chancery, should be
the guardian of this infant, and his Lordship would
judge what was fitting to be done for the interest of
this infant, and that interest would be best served
by continuing the child with Mrs. Yitzherbett. •
He then went otter the letters anti correspondence
which took place between Mrs. Sittherbert and
Lady Horatio Seymour, in which her Ladyship had
said Mrs. Fittherbert had been more than a mother
to her infant, she having been obliged to go to IVla.
&Ira for the benefit of her health. These cone.
spontleneee and conversations were verified by the
affidavits of hilreAritzlterbeet hcritif, and the sub.
*lowa was, rr,That at the request of both my Lord
Hugh end Lady Seymour she took the child at the
sender age above stated, and had continued to have
the guardienship to this hour :—That Mn.a Fitz,
hcrbert was brought up, and now professes , the
Apoem Catholic Religion, but that she was not
otmated with any desire of snaking ihrotelytet to
that, mode of faith ; on the contrary, she most
oeletnnly declared, she thought children, espe.
dally when their parents 'were of high rank,
ought to be educated in the religious semi.
merits of their parents—that ithpressed with that
sentiment, site had already takers measures for bring.
log ti rids infant in the principles of the Curb of
14gland, fir which purpose she had applied to the
kishop of Winchester to recommend to her a Troper
verso" tO superintend the moral instrue.tion and rcli.
giuus telucation of the child, and that Reverend Pre.
t.i:e had recommended for this important office the
Rev. Mr. Croft, who had iiceadirgly been appoiet_
tot to accepted it. That the infant had receieeil
the pope( ioltriofliun, having been aet tate! thato learn I
the
cs_
eons from books hest adapted to her Dv,
child feel already mode a progress beyond her years,
in knOWledge ; and began to follow the precepts at

LQNDON Printed by p
at 'dig Sur; Ory

the Christian Religion and rules of devotion in the
Church of England. This wascenfitmed by the posi-
tive affidavits of the Bishop of Winchester, who had
been lately examined, and the Rev. Mr. Croft, who
had instruded the : that the child was of
delicate health and constitution, and of a quick
and lively sensibility, likely to be greatly aired.
ed by a separation from one who has attended to
her with such maternal tenderness as Mrs. Fitz.
herbert has done, and for whom she has so much
affraion ; and therefore no person was so fit to be
her guardian. .To this was to be added the evidence
of three eminent Physicians, Doctor Blair, Sir Wal-
ter Farquhar, and Dedor Frazer, who all agreed
that the child was of delicate health and lively sen.
sihility, and that a separation from the object of her
affeetionate attachment might be injurious to her
health, perhaps dangerous to her life. On this
ground, therefore, Mr. Ea ix t N a submitted, it would
be a cruel experiment rd separate this infant from
her present most generous patron and tender guar-
dian, since it might end in.hee death. The next
Point to be urged as, a reason for continuing this
guardianship was, that the child's fo'rtune would be
much larger in consequence of it, because a large pro.
vision was made for the infant in the event of her
continuing where she is; whereas the allowance for
her maintenance, if the guardianship was to be as
the Master, had reported, would only he zbol. a
year. Mr. ERSKINE said, " I cannot keep my horse
for that sum."—And this change of guardianship
was, he contended, contrary to the feelings of
both the parents, as evinced by their dying worth.
Of this there was a striking proof ; fot the-First Sub.-
jea of this Realm, His Royal Highness the Prince,of
Wales, had made an affidavit in this case of what
past ,when he, by the express desire of Lady Hots.,
ties Seymour, paid .her a visit, When she was under
apprehention of her death, at the latter 'end of the
year tSo z, and died soon after. She expressed to
His Royal Highness, on that occasion, an apprehen.
gion of her dissolution ; and he endeavoured to corn.
fort her with hopes of recovery. She desirerthins
to be silent ; she apprehended she had but a short
tirne to live. She talked of the return of my Lord
Hugh, and of the renewal of the good understanding
between his Lordship and the Prince, which, for, a
short period, had been interrupted, .and. which she
was glad had been restored; and she referred to .a
conversation with Mrs. ritzherbert,• and ,admitted
she had bean most affeftionate to her infant, and
she edded,--0° J have something more, Prince .of
Wales, to say to you. It is the request of a dying
woman, that you will take an oath, and swear most
solemnly, you -will be a father to my dear. child;"
arid his Royal Highness said he would fulfil het
request. Lady Ewan was .announced, - and the
conversation became general. This was the solemn
declaration of a dying mother on behalf of her
infant, under the care she then was, not the cx.
pression of a person who had been captivated by
the splendour of the station of an illustrious
Prince, for no human being ever doubted 'the alp.
solute purity of this Lady's virtue and fidelity to
her husband, which entitled her to what she pose
sessed, the unbounded confidence and ardent love of
her honoured Lord. No ! it was the expression of
a fund mothere wishing well to her infant, .whom
she considered to be placed in an happy situation.
This had been the theme of conversation in the fa-
ncily of Mrs. Fitzherbert far years ; and it ape
geared by the evidence of Mrs. Butler, a domes.
tic in that fatuity, that Mrs. Fitzlierbert had
many protertant servants in her house, whom she
allowed, in their turns, to attend Divine Ser.
vice according to the rites of the Church of
England, and had brought up the children of indi.
gent parents, who had no inclination to contruul
her, in the principles of the Church of England ; so
that" she carried into predict that which she so
solemnly professed in her oath, that she hail no de.
sire to make proselytes
,to the Catholic Religion.---
Here Mr. EItSILINa took a view of the question
about to he agitated at a State matter on the Ca.
tholic Petition, observing it had no bearing on the
present point. He complimented Lord Redesdale
for the liberality with which he brought forward,
some years ago, in Parliament, a Bill which con.
shierably relieved Catholics in this Country ; and
pronounced an high eulogium on the toleration of
this Country, growing out of its free Constitotion.
He professed perfat esteem for Mr. Ord, whose Re.
port was now under consideration ; hi was, a man of
great learning and aeknowledged probity, but he
had 'tatted himself to he misled in this ease, by
mere, professional formality. He was confident that
if he could get the opinion of Mr. Ord, instead of. that
of Master, Ord, it would be in favoue of the conti.
nuance of this child with Mrs. Fitzherbert, es the
best for its health, best fur its fortune, and best for
its happiness. And this reminded him of what that
-Gentleman had observed to him once on the subject
of gardening ; that he, Mr. EitSKINI, seated his
trees to grow too long before lie trensplanted them ;
and Mr. FAS/CMS asking him, why. he thought so,t
he replied, s. Hew do you know-that. after_ tv,vueof
them have, grown together so lung they wilt not both
perish when they come to be saparated?"Now if was
applicable in the growth of that which we erroneous.
ly perhaps call inanimate; what was to be itaid of the,.
,separation of two human beings,fnll of sensibiliv,and
who love each other so dearly as these two ? tee (ke,.
initiated ore this point with great eloquence,and then
proceeded toobserve, that the truth wits this,ediere
were no better men in society than the Gentlemen
whom his Lordship appointed to the ofilee of. May.
tors in Chancery, .taking them- as Gentlemen; but
there was no book of Natural llietory where tie could
look fur the definition of a Master in Chancery, as
Master in Chancery, and therefore he did not know
how to define them as, such. '' In private
Mr. IittfACINS, " there 'ate norm I would sooner
chuse as cimpanions than the Gentlemen your
Lordship has .lately .111ede Masters in Chancery ;
but when they coma into their office, I roust make
1 lily bow to them, tor then they become, like birds
in a muocum, stuffed with parchments, and formal
and insensible to the Reaire of life guided by com.'
mon sense, or to the affections of human creatures.
towards etch other. They look 'leafing hut
the record oil the parchment, and by • that they,
decide every thing ; it was on this principle the

present Report was made ; but if I could bring Mr.
Ord here instead of Master Ord, I am well assured
which way his thinking would be." Mi. Erik t N
then took notice of the affidavit of LadyEuston, which
had *tendency troshew that Lord Hugh Seymour had
expressed a wish to see the infant on her mother's
lap ; but that, he contended, was not to be taken in
the sense in which her Ladyship conceived it, for it
was only the natural wish of every parent on the
increase of his fortune, when any of his offspring
were under the care of others ; and there was no-

thing, else to oppose this application; far which rea.
sons he trustee his Lordship would set aside this Re.
port, and order the guardianship to continue where
it is, until there is reason to apprehend its abuse, of
which at present there was no pretence fur a suspicion
Mr. ADAM made a very able speech on the same
side.

Mr. RolmLtir was about to proceed on the same
side also, when
The LORD CHANCELLOR said, he should be very
glad to hear him, but he was obliged to go to the
House of Lords, it being now near two o'clock. He
should hear this case again tomorrow, and no other,
hut ke must, afterwards, go on the Petitions in
Bankrupts and others, and go through them before
he could hear any more of this. •
It is but just we should observe, that although we
have not been designedly guilty of misrepresenting
any thing of thiii most important case, nor of any
wilful error, yet, that the sketch is necessarily int-
perfett, since the full case, even thus far operied,
would fill out whole Paper, anti it would even then
be imperfect, because the statement could only be
ex party--not a word having yet been uttered on tilt
other side.

•

WARWICK ASSIZES) MAIRCH 2s.

In Alim wits indifted for stealing a black
mare, the property of Thomas Turvey. The Pri-
soner, upon hts own confession, took the, mare from
a field in the Parish of Aston, belonging to another
petion, 'with wham Turvey had entrusted the horse
to grass. What made this case singular was, that
the Prisoner .took tile mare to the house of Turvey;
who is a slaughterman, and said he wanted to sell
her to be slaughtered ; at this time she was bleed.'
ing very profusely, having been cut in the sinews
of the near leg. Upon Turvey seeing the mate, he
recognised her as his own, and took the Prisoner
into custody. He confessed to the Constable, that
he stole her ; and having heard some navigators say,
that. if R man stole a horse, maimed him, and sold
hint to be killed, he could not be hurt for it, as no,
body could swear to him then ; that he had accord.
ingly dune so. These filets being clearly proved,
and offering nothing in defence, the Jury found him
Guilty, but recommended him.to mercy.
. There were several other trials, but none of any
interest.

.111PNEIPS.