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support of the allegations and the preamble of the Bill, though at the fame time he was of opinion, that, even if the preamble should be fully proved, there ftill exifted fufficient in the cafe to render it unfit for their Lordships to entertain the Bill.

The Duke of Athol coinciding in the opinions that had been advanced by the Noble Lord, felt inclined to bestow a more immediate mark of the displeasure of the Houfe than had been deemed adviseable by that Peer. He was for oppofing the calling in of counfel, and for rejecting the Bill in its prefent ftage. Such a determination would, in his opinion, evince their Lordfhips opinion of the cafe before them, and would operate as a falutary warning and example.

The Lord Chancellor was of opinion, that notwithstanding whatever sentiments any Noble Lords or even himself might entertain of the particular cafe in queftion, yet there could be no impropriety, nor in his mind could any ferious objection lie against the hearing of counsel or what they had to propofe in evidence. He appeared perfectly to feel the truth of what was fuggefted by the Noble Lord refpecting the conduct of the House relative to fuch Bills, and was of opinion that fome efficient regulations were neceffary. He advanced fome further obfervations in behalf of hearing counfel, on which the Noble Duke (Athol) appeared inclined to wave his intended motion.

The Bishop of Durham declared, that he had felt inclined. to coincide with the Noble Duke who had juft fat down, and to have rejected the Bill even in this ftage. But he deferred to the better judgment and fuperior authority of the Noble Lord upon the wool-fack. He rofe to notice and to exprefs his approbation of the moral manner in which a Noble Lord (Auckland) had introduced the fubject to their Lordships' notice. He had faid, that lefs danger was to be apprehended from the menace of a French invafion, than from the importation of French immorality. Here was the danger, and here the enemy evinced the most rancorous hoftility. The Executive Directory, convinced of the impoffibility of fubduing us by their arms, had evinced a refolution to adopt the more dreadful and dangerous means of corrupting and contaminating the morals of our youth. They fent over to this country dancers in their pay, to undermine the rifing generation by exhibitions the moft fcandalous, and attitudes the most immodeft. Univerfal report had ftated that the indecency of those exhibitions was not only extreme, but went far beyond what had ever been fhewn not only in this country, but even upon the theatres of Athens and of Rome. He hoped that the efforts of all good men would be united in checking the progress of those

evils, as they regarded the general comforts of their familiesas they appreciated their wives, their daughters, or the well being of their female connections. If the progress of this fpecies of vice were not stopped, the Houfe would in a fhort time fit for the fole purpose of entertaining divorce bills. He again repeated his conviction, that a great part of thofe evils were to be attributed to French influence. He feemed to think there were perfons even paid by France to debauch the morals of the people. It was now twenty years fince he had made an effort, by a legiflative provifion, to check the progrefs of divorce. In that House he had fucceeded, though his wifhes had been defeated elsewhere. In the interval that had elapfed fince that period, the evil had fo increafed, that all the efforts and influence of two Noble Lords,-of the Noble Lord, who fo much to his own honour, and to his country's advantage, prefided in that House; and of the Noble Lord (Kenyon) who had made fuch strenuous attempts to check the increafing immorality, were wholly ineffectual to put an end to it. Some measure, however, would, he hoped, be thought of by thofe two Noble Lords. At all events, the evil was fo preffing, and fo dreadful in its tendency and operation, that if no Noble Lord of fuperior weight and abilities would bring the fubject before the Houfe, he would himself move an humble Addrefs to his Majefty, praying his Majesty that he would be gracioufly pleafed to adopt measures for preventing fuch indecent and immoral exhibitions; either by directing the difcontinuance of them, or by ordering the dancers and perfons concerned in them, out of this country.

It appearing to be the general with of their Lordships to hear Counfel, they were called in.

Mr. Dallas was heard at great length in behalf of the Bill; he endeavoured to imprefs their Lordships with the idea that no fort of collufion whatever was imputable to his client, Mr. Eften, and ftated a variety of circumftances, with a view to prove that fuch an idea was groundlefs. The moment Mr. E, heard of the affair between the Duke of Hamilton and his wife, he ordered a fuit to be inftituted, and that no fubfequent delay had taken place-thofe delays that had taken place were unavoidable, in confequence of the Duke of Hamilton's fituation rendering it neceffary to iffue repeated writs of Diftringas. The Learned Counfel obferved, that the nonfuit in the Court of King's Bench did not go upon the merits of the cafe, but upon different grounds, and that the fentence of the Ecclefiaftical court was in favour of his client.

Evidence was then produced to prove the neceffary facts of the marriage of the parties, which took place in February 1784. The deed of feparation, it appeared, was executed in

789, the first intimation which Mr. E. received of the adulterous connexion between his wife and the Noble Defendant, was in 1793, at which time he was in the Ifland of St. Domingo. The iffue of the trial in the Court of King's Bench, and the decifion of the Ecclefiaftical Court were all regularly proved. The deed of feparation was handed up from the bar, and perufed by their Lordships. Several of the witneffes were clofely crofs-examined by the Lord Chancellor, and feveral obfervations were made by that Noble and Learned Lord and the Bishop of Rochefter, on the cafe to the Counfel; from thefe it appeared that the deed of feparation was executed by Mr. E. in London, in 1789, while Mrs. E. was playing in Dublin, at the inftance of her mother, and that he received fome money from the latter in confequence of it. That Mrs. E. had played in Ireland fome time before this, and during the abfence of her husband from that kingdom. The deed of feparation was clofely examined by the two laft mentioned Peers, and fome fevere and pointed remarks were made upon it by the Bishop of Rochefter-fome paffages which he had pointed out, were read by the clerk-they were rather curious in their tendency: one of thefe granted the hufband's permiflion to the lady to follow her inclination, without moleftation or hindrance, &c. In fhort, it was obferved by the Bishop of Rochefter, that thefe claufes were in effect, on the part of the husband, a" traditio in manum of his wife to every adulterer in the streets."

After the Counfel and witneffes had withdrawn, and the Bill had gone through the Committee,

The Lord Chancellor, alluding to the fpeech of the Duke of Athol previoufly to the commitment of the Bill, faid that his Grace had delivered a very ftrong opinion against the prefent cafe; an opinion, however, which it had fince appeared was not ftronger than the cafe itfelf deferved. To a divorce between the parties, the articles of separation were an unconquerable bar; and it appeared to him to be the duty of the House to reject the application, from the circumftances of collufien that appeared in the cafe. He therefore moved, that the Bill be rejected. The motion was agreed to nem. diff.

The Lord Chancellor again offered himfelf to the notice of the House, upon the fubject which had occupied their Lordfhips' attention. A very Learned and Reverend Prelate had difclofed his determination of bringing forward a meafure calculated to check the frequent applications for divorces. In that determination he trusted the Learned Prelate would perfevere; he hoped too that the obfervations which had fallen from him would make their due impreffion; for, of the ne

ceffity

evils, as they regarded the general comforts of their familiesas they appreciated their wives, their daughters, or the well being of their female connections. If the progrefs of this fpecies of vice were not stopped, the Houfe would in a fhort time fit for the fole purpose of entertaining divorce bills. He again repeated his conviction, that a great part of those evils were to be attributed to French influence. He feemed to think there were perfons even paid by France to debauch the morals of the people. It was now twenty years fince he had made an effort, by a legiflative provifion, to check the progrefs of divorce. In that House he had fucceeded, though his wifhes had been defeated elsewhere. In the interval that had elapfed fince that period, the evil had fo increased, that all the efforts and influence of two Noble Lords,-of the Noble Lord, who fo much to his own honour, and to his country's advantage, prefided in that House; and of the Noble Lord (Kenyon) who had made fuch strenuous attempts to check the increafing immorality,-were wholly ineffectual to put an end to it. Some measure, however, would, he hoped, be thought of by thofe two Noble Lords. At all events, the evil was fo preffing, and fo dreadful in its tendency and operation, that if no Noble Lord of fuperior weight and abilities would bring the fubject before the Houfe, he would himself move an humble Addrefs to his Majefty, praying his Majesty that he would be graciously pleafed to adopt meafures for preventing fuch indecent and immoral exhibitions; either by directing the difcontinuance of them, or by ordering the dancers and perfons concerned in them, out of this country.

It appearing to be the general with of their Lordships to hear Counsel, they were called in.

Mr. Dallas was heard at great length in behalf of the Bill; he endeavoured to imprefs their Lordships with the idea that no fort of collufion whatever was imputable to his client, Mr. Eften, and ftated a variety of circumftances, with a view to prove that fuch an idea was groundlefs. The moment Mr. E. heard of the affair between the Duke of Hamilton and his wife, he ordered a fuit to be inftituted, and that no fubfequent delay had taken place-thofe delays that had taken place were unavoidable, in confequence of the Duke of Hamilton's fituation rendering it neceffary to iffue repeated writs of Diftringas. The Learned Counfel obferved, that the nonfuit in the Court of King's Bench did not go upon the merits of the cafe, but upon different grounds, and that the fentence of the Ecclefiaftical court was in favour of his client.

Evidence was then produced to prove the neceffary facts of the marriage of the parties, which took place in February 1784. The deed of feparation, it appeared, was executed in

1789, the first intimation which Mr. E. received of the adulterous connexion between his wife and the Noble Defendant, was in 1793, at which time he was in the Ifland of St. Domingo. The iffue of the trial in the Court of King's Bench, and the decifion of the Ecclefiaftical Court were all regularly proved. The deed of feparation was handed up from the bar, and perufed by their Lordships. Several of the witneffes were clofely crofs-examined by the Lord Chancellor, and feveral obfervations were made by that Noble and Learned Lord and the Bishop of Rochefter, on the cafe to the Counsel; from thefe it appeared that the deed of feparation was executed by Mr. E. in London, in 1789, while Mrs. E. was playing in Dublin, at the inftance of her mother, and that he received fome money from the latter in confequence of it. That Mrs. E. had played in Ireland fome time before this, and during the abfence of her husband from that kingdom. The deed of feparation was clofely examined by the two laft mentioned Peer, and fome fevere and pointed remarks were made upon it by the Bishop of Rochefter-fome paffages which he had - read by the clerk-they were rather curious

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