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London, England, 1821-12-10 00:00:00

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CONSISTORY OOURT, DECEMBER 7.

NULLITY OF ...lARRIAGF..

ROTTEN V. COCKLE, CALLING HERSELF norrss.
This was a suit of futility of marriage, promoted by F. T.
Rotten, Esq. against Sarah Coekk, mherwise Rotten, Ilia wife,
on the giound of ntiteority on hie part, and non-consent of john I
Rotten, his father.
The marriage, it appeared, took place at the Parish Church of
St. Ann, Westminster on the '2 0t h of Ottolwr,lBl6, by license,
upon the oath of the husband that he was then ut tha ai,e of 21
years, and upwards, whereas it appeared, by evidence of certifi-
cate of baptism, and other proofs, that he was of the age of 19
years only. The facts of such marriage hiving been solemnized'
without the knowledge or consent oldie said John Rotten, Beep
the father, and his having expressed much grief and displeasure
on the same being communicated to him t month after, were
deposed to by the affidavits of several witnesses, and there beiag
no defence offered on the part of the wife, the Court procecdA
to pass sentence.
Sir C. ROBINSON observed, this was a proceeding under the
Act of Parliament, which directs that all parties under the age
of 21, not being a widow or widower, who sbalk marry by
license, without consent of parent or other lawful guardian, such
marriage shall be null and void to all intents and purposes what-
soever. If anything appeared to shew that the party seeking his
remedy in the present instance has been guilty of such perversion
of conduct as to take advantage of an act of deliberate perjury
on his part, in swearing that he was upwards of fa:, the Court
would not be restrained from animadverting in strong terms, on
an attempt which was contriving to abuse the law of this coun-
try, in taking advantage of the Act of Parliament to veid
such marriage; but such being IN:: law, nu part of his conduct,
or its being his own act, could make this marriage good, from
his being a minor, and wanting the consent of a lawful guardian.'
Under the circumstances, however, which had been satisfac t art: j
proved, that this marriage had hem solemnized contrary to the
Act of Parliament, the Court had no aite-native but to pro-
nounce such marriage null and veil.

ADULTERY.
at erre v. MA
This was a suit of divorce brought by Susannah Afaund
against her husband, 'James Mauna, by reason of adultery.
'l'be evidence in the case having been read, it was subutitted
by Dr. I,usnntowts, followed on the same side by Dr. DODSON,
that as no positive act of adultery had-been proved, the Court
would consider the mere circumstantial evidence, upon which
it was sought to infer the adulterous intercourse, was imperfect
and insufficient.
Sir CIIIIISTOPIIIM I:O2IIi2AW • commented upon the evidence at
considerable length. The libel pleaded the marrlige to have
tato place in ING.S; since whicit, it described the husband to
have lived in one continued series of adulterous Intercourse. It
firs charged an athstierons intercourse with a Lady who re-
sided at Winchester; hut the party promoting the suit had not
relied upon that charge, so far as to examine witnesses upon it,.
further than a letter addressed to the defendant, because of the
difficulty which pre-seated itsrfl. lielontil an intercepted letter,
that charge, therefore, was not sufficiently pro-ed. The libel
further went on to charge an adulterous coniwition with a Mrs.
Howard, commencing where that Lady then lodged, in North-
street, Red Lion-square; and with the ease trmule, ;Atha warelsl
residing at Heaton. The larAt account of the business was given
by Mrs. Duncan, the Lady's mother, which was, that in 1815,
for the convenience of family arraswenusiti, she, her daughter,
and son-hi-law, went to reside at 'Holton, where they couti-
oared to live with deponent for some time. 'The hinsband, it
Appeared, was a traveller in the house of his Grothers, Dlauud
and Co. of London ; and althowl. his habits of business would
allow of his leaving by four nr live, he. did not return home
till nine or ten o'clock at nigh ; weal un Suudays he generally
absented himself the wind,. day. Ihe deponeut, its the year 1820,
in consequence of an anonymous letter she received, went with
a Mrs. Foster, who accompanied her to No. 19, Craven-street,
lioxton, where she watched Mr. ;Naomi home; and he ap-
peared to knock at the door as if he was master of the house.
This was the house in which Mrs. Howard dyed. They then ap-
proached the front parlour evinl,w, to watch :ow things went s.n.
They observed the meeting was friendly uud kcal, but netiiing
of indecency; it looked like that of a evi:e rec....van.; her hus-
band. Mrs. Foster continecd longer than last witness to watch
their motions, and corroborated her statement, that they
geared as if very fond of each other. She considered the faun-
'bray between them exactly as that of husband and wife; but
without deposing to any act of adultery.
Hannah Brilliant lived servant with idrs. Iloward, who ra.:-
r.opied the house, and let the first Soar. There was not a day
that Mr. 11Iund did not come theie. lie.usually came at four,
and stopped till about nine in the evening. On Sunday be came
at ten, and deponent did not know how long he stopped.. but
be and she went to Church. Deponent knew them to 'Lave
been in the bed-room together. Ile used to go there to wash
his hands whilst her mistress put on her things. Deponent
never limed the bed-room door locked but once. The blinds
of the room they used were sometimes down. When Alm
Howard's brother and uncle came to see her, Mr. Alaund used
to go out of the room, and secrete himself in a room on the
second floor. She used to him her brother, and My Jitter !
Had seen them shake hands. but never saw any improper tami-
liarities between them. Had deponent not thought in reality
that he was her brother, she should have observed their conduct
with more suspicion.
Several of the neighbours. occupying premises adjoining,
spoke to familiarites between the parties, by means of overlook-
ing the parlour floor •' the chief of these were, that of her sitting
on his knee, with her arms round his firth, and kissing him.
The inferential conclusion in the minds of other witnesses was,
that the must have lived with him on the footing of a kept
mistress, but no positive act of adultery was deposed to further
than mere circumstantial evidence.
The COURT, howev.r, upon the whole of the circumstantial
evidence disclosed, together with inferential conclusions ope-
rating on the minds of witnesses, although matter of opinion
was by no means satisfactory evidence, yet it was, upon the
rules of evidence observed in, these Courts, from the facts dis-
closed, that sort officonsic inference (in the place of positive
evidence) upon wbkh the Court would come to the conclusion,
that the wife had established her case sufficiently to be entitled
to the relief prayed. The Watt accordingly pronounced for
the divorce.

The Rev. J. 11. Gaooms, Rector of Earl and
Monk Soham, at his late tythe dinner, made the libe-
ral deduction of ten per cent. upon his respective
compositions.
The Rector of Halesworth has, unsolicited, made
a deduction of fifteen per cent. from the usual pay-
ment of tythes in that parish, although not considered
as highly charged previous thereto.
The Rev. CHARLES DAVY, Rector of Barking, de-
ducted, at his tythe audit, ten per cent. in addition
to five per cent. taken off last year, making alto-
gether a deduction of fifteen per cent. from his entire
demand. •

The Rev. T. A. ML-rutten,. Rector of Allcannings
and Etchelhampton, at his late audit day, very libe-
rally abated twenty per cent on his tythes.
The Rev. GAIUS BARRY, Rector of the parish of
Little Sodbury, Gloucestershire, at his late tythe re-
ceipt, abated his tenants full twenty per cent. in con-
sequence of the depressed state of agriculture.
Tuesday, the Rev. Dr. HAY liberally reduced his
composition for tythes for the parish of Belten, in
Suffolk, ten per cent. at his audit. The same Gen-
tleman had also reduced them ten per cers.. feu:-
years since.
The Rev. Mr. FREELAND, of Hasketon, af his tythe
feast last week, in consequence of the depressed state
of agriculture, handsomely deducted 15 per c-:nt.
...On the 26th ult. the day of the Rev. Joum %VA trt's
tythe audit, at the White Horse Inn, in Stoke
the farmers carried the full amount of the conicosi-
Con for tythes (except one person who was id, and he
sent a messenger to request Mr. W.-to call upon him
the next morning, and,he would pay him), and where
Mr. W. offered'. an abatement it was liberally re-
jected, besides which, he frequently receives hand-
some presents front his parishioners, such as firkins
of butter, turkeys, &c.

DIED.

Friday morning, of aporlcxy, Jobn Ring, Esq. Surgenoli
lanoyer-street, Ilanover-square, 69, p,t nera:ly knowds
his philanthropy and li:c-rary and pruie.,:.iona: ao;tiiretnati.
The It v. I,:•,:ward Pert, Itt..tor of 3lonckton, Dorset.
In his 75th year, the Rev. Robert Nelthorp 171
of Redbourn,

At the advanced age of neatly 93 years, the Rev. T. WI
M.A. Vicar of Calverley, at Curate of tirantley. teed. 11,
held the former preferni r:ars, the latterUill(!Vi. 64, ri
was for many yer.rs past the °Wert it.itiber living of St..felto
College, Cambridge.
The Rev. W. W. Thornton, B. I). Bfirdster of the Paorkil
Chapel of Garatarg.
Nov. 23, at Ilamsgate, aged 72, the Rev. S. Viace, 31.1
P.H.S. Pluvian Professor of Astronomy cf the taiveritd
Cambridge, Archdeacon of Bedford, a Prebendary of Lb
coin, &c. &c.

Sunday se'nnight, at Ossingtoa, Notts, in hls soda Teri*
Rev. John Charlesworth, %i.A. formal). allow cf
lege, Canthrids e.
Thursday, after fn;:r dars illness, in his 21st rear, the Ns
Caleb Evans, third enn of the Rev. Dr. Evans, of Islir,g3a.
Tuesday, isles. Matthews, relict of the late Ref. L oaf
Afaethews, Rector of l'yd Gila a, Norwich.
Nov. 27, in Cuffe.street,hien, coed 70, the Rer.11:11
' .knneNlvr, of New l'ark, Riklare.
Aui, t IS, at Sierra Leone, on the coast of Aftica,sfer,
illness o; oiny live.days, Captain Jore:na..th Such, of the 1-°
MU 144. -

31a;or4;en. Sir Augustus Ilor..tedt, N.C.113.4•'
boy. te, at Woklogllam_, Belly., aged 17, Ilerjaraisar
uoly 6011 of Car. IL Walker, It.N. of Backbit,
_rt-t Alarg.ae' d:r. l'oule, aged 90, le.aoy yes:sse"°
Irian to Ili. diajeszy when Trite: of

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MA i LS THIS DAT.-.-A RS. DER. AM 01.
Dublin 3 0 1.1400 • I
Waterford 7 0 Frmea 1 1
(3 uernsey Ladle:4oy 0 1 Hambu rgli 0
Holland . .5 0 (-ottentr, .-els 1 S
riarjrn 1 0 I Ilieemini lalx.di I
Malta • 0 0 Jamaica • j
HIGH-WATER At LOS Willi 'SRI 1),;17. Tto-iris3:,4l
Mrrtoing - • - 46 l'.4.:.kg:e, .fte 1
A itentrvm . 5 -
_.5-..:....

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LONDON: Printed raid published by TZTLL SOON Mal*
Ternik-Litr.