The Sun.
London, England, 1811-07-06 00:00:00

CIVZN ISEPORR

TUE COMMITTEE OP PRIVILEGES TO WHOM THE
PETITION OP 14
WILLIAM FITLEIARDING BERKELEY,

cL.xiMING AS Of LIGHT TO XIS LARS. OF staxstiv,
WAS AZFE,Aaf.D.

Die Lunt, 40 Marld, 18 tT.
The Lprd WALstuottot in the Chairs

The Order of Reference wai read.

The Petition of William Fitzhardinge Btlrkeley,
chinning as of right to be Berkeley, Viscount
Duraley, and Baron Berkettly, with. !4ijesty's
reference the4.of to this /louse, -aud the, Report of
his Niainsty's Attorney Getter:ll thernanto at-tooted,
.were triad.

Theit,the following instruetion to the Committee
was read :

" Ordered, That it be in itistruelion to the Com.
Mittel! of Privileges.to whorn is referred the Peti-
tion of William VitZhaidinge B4keleYs claiming
as of 'right to be Earl of Berkeley, to consider, in
the first instance, what' oroKeviings ottlit to be
directed by the House to be adopted, in urthr that
due attention may be secured .to. any interest which
any sun or sons of the late Earl of Berkeley, bprn
alter the i 6th day of May, 179(.1, may have in thn.
dignities claimed, and that' ttrey.do report Jo the
House thereupon."
Proposed to resolve, That it is the opinion of this
Committee, that it may be proper for the House to
direct • that an humble Addresib,e. preiented to his
Royal Highness the Prince Regent, humbiyto re-
quest, that he will be graciously pleased to (tired, in
the name and behalf of his Majesty, that his Ma:
jesty's Solicitor General do attend this HOLM on the
hearing of the Petition of WilliamYitzhatdinge!
Berkeley, claiming as of right to be Earl of Berke-
ley, Viscount Dursley, Ottli Lord Berkeley, fee and
on behalf of any son or sons of the late. Earl ,of
Berkeley, burn since the 16th day orMity, .1796,
in respett of any interest or right which snclt sou or
ions may have to or in the said dignities, or, any of
then.

The same was agreed to, and the said Resolution'
was ordered to be reported to the House.
EDWARD PARRATT jun. WAS called in, and having

Y; JULY 61, 1811.

been sworn, produced the Original Journal of the
House of the btli June '766.,
Read the fiillOwipg Entry in the same.

Die Avis, 5a Junij`l76G.
" This day Frederick Augustus Earl of Berkeley
sat first in Parliament, atter the death of his father,
Frederick AugustUs Bail of Berkeley, his Lordship
having first at the Table taken the oaths, and made
and subscribed the declaration, and also taken and
subscribed the oath of. Abjuration, pursuant to the
Statutes."

Ttie Witneis was direaed to withdraw.

Then Sir Samuel Romilly Counsel (or the pe-
titioner stated, he proposed next to prove the death
of Frederick Augustus late Earl of Berkeley ; but
as therregistry of 11ia burial v.ra:i not immediately at
hand, he would call a witness-who could prove the
fad.

Whereupon EDwAlin JSNNInt, M. D. wag called
in, Ond having brew swot o, wus exatninrci as 1017
lows :

You attez!ed'the late Lord Berkeley in Gis illness ?
—I did.
When did he dic ?--On the 8111 of August
last.

1)0 you know that ho died on that (Joy ?—Most
certainly 1 do.
How soon did you see Lord Berkeley after his
death ?—:-Itt the course of the morning, or in the
afternoon : it WAS, in the course of the day.
The witness was directed to withdraw.

.Then Sir SallaVEl, ROMILLY stated, lie next pro-
posed .to otter in evidence a deposition made by
Frederick Augustus late 1!:arl of Berkeley, upon a
Bill filed in the Court of Chancery, between. the
Hon. William. Fit zhardiuge Berkeley, commonly
called Lord pursley, the Hou. Frederick Maurice
Fitzhardinge Berkeley, the Hon. Augustus Fitz-
hardinge Berkeley, and the- Hon. Francis Henry
Berkeley, infants' under the age ut twenty-fine
years, by the. flight Hon. 'William Lord Craven,
the►r next friend; plaintiffs : And

• THOMAS MORETON FITZHARDINGE BERKELEY,
otherwise Thomas Moreton Fitzhardinge Berkeley,
calling: himself Lord Dursley ; the Hon. George
Chart% Grantley Fitzhardinge Berkeley,
by khe Right Hon. Willirtin Lord' Grautley, their
guardian, arid the Hon. George Cranticld.Berkelti,
and ,George Henry Frederick Berkeley, an-infant,
Edison, by the said George craiifield Berkeley, his fa•
ther and guardian, defendants :. And. which 4ill was
tiled_ tor the purpose of perpeitialing of
the legitimacy of the said infants, plaintiff, in the
said Bill. And being heard to state the groUnds
upon which lie offered the same,

Mr. ArToHNEYGENgR Lon bchagif the Crown
wa, lient4 in ohjedion to the said4i)o.itiun, as
such, 11,-ing ro:6vqd in evidetwe.

Sir,SAMUEL hOMILLY being heard in reply.
The Counsel, were dirthed to Withdraw.
Moved to resolve, That the evidence offered as
deposition ought nut to be received.
Upon the question put thereupert; the same was
agreed to, and ordered accordingly.
The Counsel 'were agaiii called in, And the Lard
Walsingliarn informed • them that the Colinnittee
had resulved that the evidence Ofrered as' deposition
•
ought not to be teceived. •

The Right—Homiurahle PvlAat Countess 'of Btu-
REI,EI %V,14 called, and a Chair being phced for her,
her Ladyship came to the table, 'Arad haviiig' been
sworn by, The Lord ChaiwellOroVas eianiined'as
follows

When was your Ladyship firat married to the late
Earl of Berkeley i—Ott-the 30th 61 March t 784.
'Where v.as that 'marriage soleniuized ?-1.11 the
Parish Cimrch of Berkeley.
Who was the Clergyman that solemnized that
marriage ?—The Ref. 'Mr. lin pg . •
Who were present at thi2,tittle of the solemniza-
tion. of that Marriage ?—my brother, Mr. TuJor,
and the Clerk, and the lare'Earl of Bei keley.
Was it the regular Clerk of •t ho Piirish who at-
terscled-on that occasion ?—No, 1 believ, not.
Does your Ladyship-know who brought t.l4t per-
son there who ofileated a Cli!rk understood
Mr. Hopcnrin brought hini there.

I))esiyour Lady6l;ip know who that person was?
—No., 1 do not.

Wa4.the marriage rltily registered at the time ?
Yes, 1 think it wits ; 1 tin) SOte it wai.
Did your Ladyship sign your nartie to that re.
gistry 1 did.
Then Mr.'Serjeant ifest, of Counsel for the peti-
tioner, proposed to produeeifhetegikty Of the imr-
rine of the Earl of BCrkeley' in the year 1785; not.
fur the purpose of going into
~alt -the'obidenee
the to it, bUt that the 'Countess 'of Berkeley Might
speak as to the signatiires thereto.
.Whereupon Enkv4 tt II PA It It ATTo senior, was.ialled
in, and having been sworn; produced a bublr,
ittti-
tuled, ." The Register of Marri.tcses solemnized '4olenkzed iu
the Parish CburCh cif Berkeley, in the County or
Gloucester ;.• altd was examined itCfullows

_ .
From whence do you bring thisregistry?---Er6m
,he Parliament Office. •

Toro to. the entry at' the registry of the carriage
of Lord Berkeley.

Tile witness turned !o an entry in tliesarne,which
w,pa lead as fyllows 111

No. 74.---Frederick Angusim Earl of fierlceley,
•
of this Pacish, Bachelor, and Mary Cole, of the
same, Spinsl,er, were married in this Choc'', by
13;4)114 this6ll6qt h thy of March, in flie.year one
thousand seven hundred and eighty-five ; by me,
AUGUtiTU3 THOMAS tiursmAN, Vicar.
"-This Marriage was selemni*ed bel,Wevrt us

" Betth-cLcy.
" MARY CoLa.
In the pr,esenceof W. "I'ppou.
‘r The Mark ;,1 of flu:tutu) HARMS."
The Entry was .s sewn to the Countess of Berke-

[PRICE SIXPIyNCE 114IPPEN.N

•
ley ; and her Ladyship was further examined as
follows :

Will your Lidysbipstate to the Committee whe•
titer the name tf Mary Cole," affixed to, thtit entry.
is your Ladyship's band-writing, and was written
at that time ?--Yes; and it was written at othe
time.

Will .your Ladyship state whether the name
" Berkeley" is the hand-writing
,of Loid Berkeley,
and was written at the time ?.-Yea; it is the hand-
writing of Lord Berkeley, and was written at the
time. • •

Was the name, Augustus Thomas aupaman,
written at the time,?—Yes ? it is The itaud•wtiting
of Mr, Hupstnatt; and that name. was Writtettat
the time.

Was- the name of William Todor, which your
Ladyship will find there as writteit at
the time, and by Mr. Tudor ?...-Yes, it was.
Wai that marriage 3 ithinediately avowed, or Was
it kept a secret ?--It wos kept, secret.
When wa4 it first proposed to the Eml of $r rice.
ley that that marriage:which' your Ladysitip has staitd
to the limbo was kept weret should be avo‘4tl
I cannot exattly tell.
Does your La.lyship• reeollea, when it was pro.
posed to Loid Berkeley that that emtrrlitge :thuuki t»
avowed, the tea,otts that Lord 1104ley gav:: fur the
further coot:raiment of that marcia.:e 1 di,
recollect t heti).

Ilaire the guodness t' state them ?--Lord Berke-
ley gave me as a reason that the registry hall been
destroyed, and that it could not.be a. owed without
great risk to the Clergyman, who was stippoied
have destroyed the registry.
In consequence of 4 hlt toutrtunication frt.rn Lola
Berkeley, Was it determined that the inmiagestiourd
still be kept secret ?.;--Yes it was.
Does your Ladyiliip recollect 'consulting ,s,vit It any
and what professional man, and ‘k how, telkaiirg
what was tO. be done ander the idea of the fegiStry
Navin; been destroyed?:--Yetis, I consuhed
Bearcroft.

. When did your Ladyship consult Mr. Rearcroftl
—I do, not exactly recollect the date ;. it was belute
the second marriage took place. •
Will your Ladyship be good enough 'to state to
the .Hougo'what advice Mr. Bearabtt gave upon
that subject.?---f le recommended a Second marriage,
under the circumstances of Inc Case.
Was that advice in writing think it was
not in writing.

Did your Ladyship immediately acrinieice ilt iho
advice of Mr. Bvarcroft, that ihrre should be a se•
cond marriage)--NO;1 did not.
Whet wcie your Ladyship's reasons for not, im.
rnediaiely acquiescing in that adviCe thought-it
would be forsaking my eldest son, and fiivtng up all
possibility, in my own mind, of proving tile first milt?
ridge.

In consequence of this, had yOer Ladyship nse.
cored interview with Mr. Bcarcroft ?--;47e4, 1 44id.
Did he get over thole ditficultiei which txi+ircl ,ice
your Ladyship's mind, and how ?—He did not
.get over the difficulties.
But did your Ladyship submit to his opinion
, .
He went' to Dogiiton, deter Mined to reMam
UtlMOtricd till he returned. Mr. Baarcrutt did not
then know who I was.
In conlequence of the advice you had reccitCci
truth Mr. liearcroit did your 'Ladyship ol.tini4ittly
consent to a second marriage ?-4did.
Where•was 'your Ladyship married to LordihT...
.
keley the second --In the Parish of Law,:
bet h.

Oti the. second marriage taking place, was the.
marriage avowed or was it still. etincealed;?..".ltte,
, marriage was stilt..onbcealed. • ,
Did your Ladyship take the, tale*of totintess
of
Berkeley, or did your Ladyship pass by the some,
name you had formerly timed passed dip
the same name 1 bad done before,- and refused to
be
.acknowl*dgect then. ' '
By what flame did your. Ladyship pass ?..—Mifts
Tuoor. • •;. 1
Down to what, period of time did YoUr.Ladyship •
continue bs' the name' of Miss Tudor cannot
.exdotlylell -ton few tuonths,' btit I think about
the latter, end of or'the beginning of 1798.
. Is the Committee to understsnd thatm your Lady.
ship then assumed the titleof Countessot Berkeley? •
—l(us; did.. •
Was the petitioner then Called to the title of Lott!
Duysley ?-1 cantit answer to. a tew ilionths, but
.very soon after.
-• • From the periOd when the petitioner,WM called b)'
the title of Lord-DerStey dowo.to the prettent time,
has he been called' by the' title of Lord
Until his father's-death.'
lial'heeheen In*.every respe 1 treated fromllvit
time as the ehlest legitimale son of the late Earl of
Bet keley he was (mat ed so from.the "built!
of his birth; except in taking the talc.; •
Dues your Eadyship reeoliect the occasion upon
which be was first called Lord Dursley was in
consequence of an• opinion given by Lord Chief
Stistice Mansfield. •
YourLadyship'Was living, with:Lord Iterkeley at
otl
the period of his last illness and deqr7Yes.
W4tether. whilst Lord 'Berkdley'.Was !Rot
Berkeley Castle his' Lordship did not dielate to your
Ladyship certainietters ?—Yes ; he did.
How Jong before Lord 13,..rkeley's devli Wai it
that het dictated those letters ?-1t appeals from thu
papers to be seven or eight days, but not to my rp.
colleF.lion, for .1 thought-it had only been three or
four days. - •
Was Lord Berkeley then in Such a state that it
appeared to your Ladyship hts was sat::: tied lac was'
SIXIta to die ; he was.
What did your Lldvallip do popga yott
took dawn tiara Lord Berkeley's'dittati9e ?—I tv3vo
them to Mr. Hughes, tutor to my children, by Cord
Berkeley's desire.
rhea a latter was shewn to the Countess of P.,.

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