The enquirer. [volume] (Richmond, Va.) 1804-1815, 1809-10-10

whs 10 new Mrs. n. Dsbney Of Nichmond that
on their arrival in Richmond, they were veiy
kindly received, and Mr. WaddeM gave up his
own room to them asd she referred 40 several
respectable people, to prove the upvaried ac.
of the said Charles that she was
his wife. 50, A
And now by consent of parties these causes
came on to be heard together, and were submit
ted without further argument.
by the Chancriioy':
The only difference that And between the re
cord now, and when it was formerly before me,
is, in a cross bill and answer surely if there
was any room before to doubt, about the MARI
age or these parties, the to the cross bill
must now be considered as freeing the case OF
all such doubt: for the answer being respc ,s,ve
to the bill, is good evidence in her favor and
monstiaus indeed would be the state of that So
ciety, which would admit iran, for example,
Charles Purcell, to bring woman from another
country, and to introduce her here, among his
friends as his wife live with her for many years
as his wife treat her as his wife convey re al es-
tate and havehe REIMBURSEMENT of dover to
such as his wifi: address to her letters, AS
his wife, and not compel him to maintain
her as his wife usless abe vas ia fault be-
cause, he says, he was not married to her /; but
tins declaration cannot be believed ; they both
agree as to the trip to the Jerseys, and as to the
tune when 1t was made, but she gives the ac-
cou OF the marriage, in answer to one of his in
tsrrogatories, and therefore he must stand con-
Guided upon that pont. it may he that he prac.
tised fraud upon her, and that the Swedish man
was not clergyman /; yet, il was done by
the means of Charles Purcell, and not by
Ann Hazleton and l, will under all the cir.
cumstanees of this case, hold him TO i,
the rule of law is, that in controversy
touching the validity of marriage, as whether
Iiarriage not, no aiin,ony is due until some
matrimonial nrt hat 4 10TH,
way eonsfare az nauin,oaio bat wherever a
marriage doth appear, unless the wife be in fault,
there ais,ftony sha!s be due. God repir eau
$40 and III book entitled" Praxis in fcro Ercie.
ssdssico," stlttle IS. p. 40. as s:snsated by Mr.
Warden, the rule in England was, >Shen suit
was brought IN the Ecclesiastical Court, By = wifi.
against her husband, the Judge first asccrtained
the marriage, which he did either by the an
swer oil the proctor or of the principal party. or
by testimony; all of which has been done i'm th,s
ease
Tie correspondence shews that the p,a;ntiiF
LETT the defendant athis instance and for his ac-
commodatlon after the fire ~ 1898: that in 1903
he boarded her at MIR. Pauley's in kew.Kent
that IN 1902 when she left Mr. Fsuley's, she
went to Mr.. Andrews in Norfolk; that he the
defeHdant, afterwar wroie to her stating tina,
she must not return, and advised her, that if MIR,
Andrew could not board her, to get him T.,
provide her with board in private house by the
J~-N' f~y oDiS quarterly ana promised to send
her some money in short time in $780,; he.
wrote to her agin, and among other things sta
TED, that he had sent Mr.. Andre VS. three key, of
butter, and begged of her to be useful in his fam-
lily, gave an account OF his prospects, and assur.
ed her that she should not want while he could
command shilling i'll fact, it seems that she
was Kept OIL BY his means that he might recover
from his embarrassmsnts, and that when ,he con.
ceved he had done so, and insisted upon her
right to return, then for the first time he den am
eea her as tie most TN worthy of her sex Upou
u'is view OF the case, and upon the ground OF
PaDhc convenience, as well of that respect
which IS due to the matrimonial Charlie.
Purcell should be considered as the husband oftb-
plaintiff, and bound to afford to her a reasonable.
maintenance. The allowance 6entlente lite. wac
MADE without any particular information wit,
respect % the value OF his prop erty and there.
fore the court gave him day to shcy caus. 4
gsnSt 1t hcause had been shewn, ant. The al
iowance had been too much, an Injunction could
have been granted to the excess but as no cause
was SHOWN, the allowance was deemed rcasona.
bic /; and at.an after day, when the parties were
wiling to bring on the cause, the court thought
IT pest, under all the circumstances OF the case.
10 refer II 10 acommissioner, to ascertain the
value OF his property, that only a reasonable an.
huai allowance might be made, that should be
suitable TO their station in life, for which pur-
pose he was ordered to attend Comm; .sioner
Laddi but altho' this was for his benefit. il was
answered in his name, by letter to the commits
sioner' that the order was Unconstitutional at
tack On the liberty OF 4 free citizen of Virginia
IN terms and language very different from his
letters addressed to Mrs. Purcell which induces
a belief, that he was advised to this course aud
was not IN fact the author of the letter adJre.
sea TO tie commissioner and IL that WAS tb-
fact, and his adviser were known to the cour,
ii he should not have cause TO regret IT, an :
court would not The commissioner however
proceeded. and made a report upon the best in
FORMATION he could get, and reports the y,ii,e of
furceiFs property to be S $4,000 but as 1t does
not seem TO be very productive estate, and
D 70 quarterly was thought sufficient, the court
will take that sum for its guide now, and fix the
annual allowance al s 500 with liberty however
10 each party, to apply TO the court to increased t.
or 10 diminish 1T, as clrcuIns ances may in future
make 1T proper This is much, as think. tn.
court can do. But, the plt'ff's counscl SUPPOSED.
that the couSf would set apart a third of the de-
fendants estate ; but suppose not for tie hus
band though bound by every legal and moral
principle to afford to his wife support, vet. #
IN VIOLATION OF these obligations. he becomes base
enough to cast her off without any JUST cause, all.
apprehend. that can be imposed on him, is
suitable maintenance, which may be varied &C
cording to circumstances, and which should not
continue longer than until he is wiling to restore
her, to the comforts Of bed and board. and to
give satisfactory assurances for her enioyrl....t
hereot, which it she should refuse, the allow
ance made for her support would at his inc
lance, be taken away and If she were to SIR viv.
hIni' she would be entitled to dover, and her al
tDlsny would of course cease This is the opi
mon OF the court, comfortable to which, Mr.
Randolph may draw decree.
The decree yas En- The .n,,..