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is conveyed to a Court of Justice, tinuance of the malady, and subse. without that Court having the oppor- quently. This account has been fully tunity of knowing any particulars up- confirmed by the medical persons who on which it can act. If it was felt by attended her, who describe the nature any one that it was his or her duty to of her disease, and who have inquired make the representation, with a view into the diseases of the family, and of to protect this young lady from one many of the collateral relations. The of the greatest calamities that could only other instance, and upon which befall her, it is for them now to deter- evidence has been given before the mine whether they will effectually Master, is that Lady Londonderry in protect her. The objection is, that 1782, now nearly forty years ago, was hereditary diseases exist in many parts afflicted by a derangement; whether of the family, and particularly of the temporary or hereditary was a question mind. Those who know any thing of in dispute. Certain it is, she was de the family, know that it is a very nu- ranged ; but that is also accounted for merous family, and also a highly re- precisely in the same manner as the spectable family. Whether individuals last case. Respecting that letter which are or are not justified in making these has been characterised as virulent, I representations, the effect of which, will go this length in declaring that it for any thing I know to the contrary, does infinite discredit to the person may spread far and wide, I do not who communicated it, dictated in such know; but this I know, that it would terms. Lord Stewart had made affihave deeply affected my mind, and I davits upon this part of the case also, should have considered a long time and had mentioned in the affidavit the before I should have ventured to have noble lord who had been alluded to made such a representation under such by Mrs Taylor in her state of facts. circumstances. The only instances of He was confident no man of honour the nature alluded to are two ; one of would have made that affidavit, if he these cases has been brought forward, had any doubt as to what the opinion in a manner which does great credit of that noble lord was. There was, to Colonel Wood, and does also Lord in addition, this very strong fact, that Stewart great credit. Lady Caroline this intercourse had ended in the union Wood, by extremely bad management of the son of the noble lord with a in child-birth, (I believe by bathing lady of the family of Lord Stewart, in the sea,) had her mind affected by (we understood this to allude to a a temporary derangement. If that marriage which had lately taken place was only a temporary derangement, between Mr Law, son of Lord EllenGod forbid that I should take it as borough, and a sister of Lord Castleevidence of an hereditary disease. That reagh.) When he considered that a it was a temporary derangement only, mother had given her consent, who I understand, from the evidence given was also one of the guardians, he could before the Master ; and I concluded not forget the transaction of the spring in my own mind, that the medical of 1816; and he must weigh the men understood the subject upon value of that consent, regard being which they have spoken ; which they had to that circumstance, and to the had mentioned in a way in which it is othercircumstances connected with the impossible to doubt what the fact real- case. Mrs Taylor had repeated that ly was; and Colonel Wood bimself it was a plan and concert between has given the description of the affair Lady Antrim and Lord Stewart, and before it took place, during the con- other persons, to get possession of the
fortune of Lady Frances Vane Tem. individual scarcely ever existed, would pest, and circumstances did certainly believe he had a difficult duty to disappear in this business which it is in. charge. If he had erred, he had the cumbent on Lady Antrim to account satisfaction of knowing that there was for. He had read over the papers on an opportunity of having that error this subject over and over again until set right in another tribunal ; at least he had almost got every word by heart, he hoped he should not be accused of and he certainly was of opinion, that wilful error. To-morrow or Wednesalthough Lady Antrim did intend to day, therefore, he would let the parties make, by all the means in her power, know what he should further order a union between her daughter and upon the subject. Lord Stewart, yet the latter was not implicated in the transaction, except
JULY 13. ing in so far that he should have The Lord Chancellor entered his thought it would have been better if private room a few minutes before ten the proposal had not been quite so o'clock, and, for a short time, spoke hastily made, and if Mrs Taylor's with the counsel in the case. At a opinion had been asked before the quarter past ten his lordship took his offer had been given. This was the seat, and began by observing, that he general view he had taken of this sub- had taken this case of Tempest v. Ord ject, but, as he stated at the outset, into his most serious, and, he must since he had heard the Counsel on Sa- own, painful consideration, from an turday, there were still some points, ardent anxiety to do what was best with reference to which he wished to for all parties. With respect to the avail himself of a few hours' considere bias of the young lady's inclinations, ation. Whether he should or should he was formerly of opinion that sufinot direct further inquiries to be made, cient evidence of that had been laid he had not yet determined. He also before him. When he had stated his stated at the outset, that whether he opinion before on the case, he had seen did or did not adopt that course, he her, and after hearing what was stated felt it to be his duty on a former oc- by counsel, he felt himself bound in casion, and he should now again think justice to see her again, and state to it incumbent, to have another private her, in the strongest manner he could, interview with Lady Frances Vane every objection which had been urged Tempest, to state all the objections against the marriage, and in doing so that had been made with all the force he could declare he had acted with the with which they had been stated to most painful solicitude for her interest, him ; and he should call upon her to and that of all concerned. But he consider these objections, with such found her determination was wholly assistance as he could give the young unalterable, and seeing such to be the lady by the reflections he might make case, he felt it was proper to make upon them, in order to ascertain her some inquiries respecting the points final inclinations. All he could say which had been laid before him, and in conclusion was this, that he had which to repeat now was totally un. been influenced neither by favour or necessary. In the course of investigaaffection, excepting that which belong. ting these points, he had a motion subed to an honest man, and an honest mitted to him for appointing a com. judge ; and any man who recollected mission to examine witnesses on the he had at his disposal the happiness of case, but he was not able to find one this individual, and not a more deserving instance where a commission had been 80 issued. He had, therefore, been been employed in a more painful, and compelled to have recourse to affida- to him a more distressing duty, than vits. Here he would say that it was the consideration of this case, but he difficult and painful for him to state in trusted it would be believed he had Court what was stated in these affida- acted with an honest intention and a vits, but he would do so in such a good conscience. He had considered manner as would be intelligible to all the objections of the case, he had counsel on both sides. For a very weighed the circumstances of the dislong period no imputation whatever parity of age, the son of Lord Stewart, of that kind had been thrown on the &c. but while he was not prepared to numerous family of Lord Stewart's say this was an eligible marriage, he ancestors, and in two instances that could not, laying his hand on his heart, malady had been satisfactorily account. say, as an honest man, that it was an ed for. It was too much to expect improper one. If Sir S. Romilly in him to visit on the present generation tended to appeal to the House of what had perhaps existed in the form. Lords, he hoped Sir S. would let him er generations, though not for a very know in a reasonable time, and then long period; for were he or any Judge he would make the order he had mento act so, there was no possibility of tioned. knowing to what extent the principle might be carried, and no family could
JULY 15. be safe. There certainly was a vast The Lord Chancellor came to Lin. difference between what was now the coln's Inn Hall at ten o'clock, and was case, and what might have happened for some time occupied in his private some centuries ago. Under all the cir: He took his seat at half-past cumstances of the case, looking as he ten. did to all the facts laid before him, Sir Arthur Piggott then said, “That and taking the objections in whole, he had consulted with the counsel on and also separately, he did not, and the other side, and understood from could not think the Master had come them, that it was the fixed determinato a wrong conclusion. These he had tion of Mrs Taylor, the aunt of the stated to the young lady with all the young lady, and one of her guardians, pathos he possibly could, as he thought to appeal from his lordship's decision that proper. He had heard an ap- to the House of Lords.” peal would be taken to the House Sir Samuel Romilly at this moment of Lords, and he would say he had came into Court, and addressing bis Do objection to such appeal, for to lordship, said, “ I am, my lord, desithe decision of that House he was at red by Mrs Taylor, to inform your all times ready to bow with satisfac- lordship most respectfully, that it is tion. He would thereby have the sa- her intention forth with to appeal to tisfaction of knowing, that if he was the House of Lords, from the decision wrong their Lordships would have it now given by your lordship.” in their power to set him right. Till The Lord Chancellor.- "I was just he knew whether such an appeal was informed of this, Sir Samuel, before to be made, he would, of course, issue you came into Court, by Sir A. Pig. his order to restrain the marriage, and gott. I am particularly glad that you as to the other restraints, relative to have adopted this course, because, in the intercourse of Lady Antrim, &c. a case so painful to me in every point it might be as well to do them away. of view as this has been, I shall have Never in the course of his life had he the heartfelt satisfaction of being set right by the House of Lords if I am for the declared purpose of leaving to wrong. Painful as the consideration posterity a memorial of those great of this case has been to my own mind, I events. The present duke was engaam happy to think that a superior tri- ged in cutting down timber, which is bunal will have it in their power to re. alleged to be material to the value of view my judgment, and that any error the estates ; and to be making alteraor inadvertency I have been guilty of tions in the mansion-house, tending to will be there redressed. I have just the great waste and impoverishment stated to Sir Arthur Piggott what of the property so descendible accordshould be done, and I do really thinking to the provisions of the act of set, I am in justice bound to restrain the tlement. An injunction had been marriage in the mean time. This is granted on an ex-parte application, duthe best thing I can possibly do for ring the last term, by the Lord Chan, the parties. Take the order as I have cellor, to restrain his grace from fur, mentioned it, and let it be drawn forth. ther proceedings, in order that the with."
question might be fully considered, and without delivering any opinion upon the merits. In consequence, how
ever, of his lordship’s continued indisThe DUKE OF MARLBOROUGH FOR position, and the urgent nature of the
CUTTING DOWN THE WOODS AND case, the cause itself had been trans-
Mr Bell, and the counsel on his
side, in support of the demurrer, on Vice-Chancellor's Court, December 18. opening the pleadings, recited the prin
cipal provisions of the act of the 4th This case came on for argument be- of Queen Anne, which respected the fore his honour the Vice-Chancellor, original grant by letters patent, and upon demurrer to an information filed the subsequent act of the 5th of the by the King's Attorney-General, at same reign, by which its conditions the relation of the Marquis of Bland- and limitations were prescribed. It ford and others; and to a bill filed by was apprehended on their part that the Marquis and Ellis Agar, Esq. this was a question which must be ulThe information and bill complained, timately determined, not so much by that the present Duke of Marlborough general principles, as by the authority had cut down a great number of trees of cases similar in their circumstances serving for the shelter and ornament to the present. The first point that of Blenheim-house, situate on the ma- must arise would be upon the construc. nor of Woodstock, in the county of tion of the Act of Parliament; and Oxford. This house, manor, together the other side would be driven to con with the hundred of Wootten, had tend, either that this was not an es. been settled on John the first Duke of tate-tail, or that the rights of a tenan Marlborough and his successors by in tail were taken away in a great mea: Act of Parliament, as a testimonial of sure by special provisions of the act, public gratitude for his eminent ser
Now it appeared that a fee was vested vices, and for the splendid victories in the first duke by the Queen's letwhich he had achieved. By that Act ters patent, which the Act of Parliaof Parliament, the descent of these ment of the 4th of the Queen was mereestates had been limited to various ly intended to render valid ; because a branches of the family in succession, statute had been passed in the first
year of that reign to prevent the alie such a rule had never before been apnation of crown lands. The second plied to the numerous and extensive act, in the following year, proposed alterations made on the face of the escertain limitations, to which the duke tate ? Under such a rule, the gardens assented ; but it could not be con- must have remained in what was called strued to have divested the fee which the Dutch taste, and the trees in the he had already acquired. If this view grotesque shapes originally given to of the case were correct, the crown them. But the grounds had been laid had no reversion, that reversion being out upon an entirely new plan, under in the heirs at law of the first duke as the direction of the celebrated Mr the donor ; and, therefore, it was not Brown, and several acres of the finest easy to perceive what authority the meadows in Oxfordshire, inundated crown here had to interpose, or why for the purpose of beautifying them. its law officers should appear as if any After several other remarks of the encroachment was supposed to have same import, the argument in support been made upon its rights.
of the demurrer was concluded by ob. The Vice-Chancellor intimated it as jecting to Mr Ellis Agar's right to be his clear opinion, that in the present made a party to this suit, he having case there was no reversion in the only a remote possibility of succession
to the estates in question. Mr Bell, on resuming, observed, The Solicitor-General, on the other that he should consider that the de- side, began by stating that this was murrer was therefore allowed as re- a question not only important as it af. spected the information, and confine fected the rights and estates of the his other objections to the allegations house of Marlborough, but as it would contained in the bill. After quoting affect the interests of many other Dovarious statutes and decisions to prove ble families. The argument contendthat there could be no ground of law ed for by his learned friends was no for this action, he observed, if the less than this--that the present, or plaintiff's bill were supported, the pre- any future Duke of Marlborough, sent mansion must stand for ever with. had such an interest vested in him, as out any alteration, however essential amounted to an absolute and unconto the comfort of the owner, or the trolled authority to destroy a monu. habits of modern life.
ment, raised by public gratitude to The Vice-Chancellor said, that was commemorate the unparalleled exploits certainly the extent of the prayer of
and services of their ancestor. He this bill, that Blenheim-house should was sorry that this question had been remain to all eternity as a monument
raised, and should be more sorry for of the taste of the age in which it was the consequences to which it might built.
lead if a decision should be pronounced The counsel for the defendant went unfavourable to the present complaint. on to contend that this would apply He knew that in coming to that decito any the smallest alteration even of sion the Court could not look to conthe coach-house, in adapting it to car- sequences, but must be governed, as riages of more'recent construction, or in other cases, by principles and auto the cutting down of trees planted thorities only. The importance of the by particular tenants. Not å stick decision, however, was sufficient to in. must be cut, and the timber must be duce it to pause, and to deliberate most allowed to rot, till a plough might be cautiously, in ascertaining the precise driven over the land. How was it that weight of all the authorities which