Note: This text has been automatically extracted via Optical Character Recognition (OCR) software.
Character, Life, And Times Of His Late Royal. Highness , By The Public Press.
Majesty , such descendants , after giving twelve months' notice to the Privy Council , may contract such marriage , and the same may be duly solemnized without the previous consent of his Majesty , and shall be good , except both Houses of Parliament shall declare their disapprobation thereto ; and persons who shall wilfully solemnise or assist at the celebration of such marriage without such consent , shall , on conviction ,
incur the penalties provided by the statute of premunire , 16 Rich . II . This bill was very fiercely debated in both houses , and under its provisions a cause of nullity of marriage was instituted by one Heseltiue , as proctor for the king , against the Lady Augusta Murray ; and the following is an extract from the interlocutory decree , which also annulled the second marriage , as pronounced by Sir William Wynne , Dean of
the Arches , on the 14 th of July , 1799 ;— " And the judge did also pronounce , decree , and declare , that in respect to the first marriage , or rather show or effigy of marriage , pleaded in the said libel- to have been had or solemnized , or pretended to have been solemnized at the house of the
Right Hon . Charlotte , Countess of Dunmore , in the city of Rome , on the 4 th day of April , 1793 , there is not sufficient proof by witnesses that any such fact of marriage , or rather show or effigy of a marriage , was in any matter had or solemnized at the said city of Rome , between his said Royal Highness Prince Augustus Frederick and the Right Hon . Lady Augusta Murray , spinster , the party cited in the case ; but
that if any such marriage , or rather show or effigy of a marriage , was in fact had ot solemnized at the said city of Rome , between the said parties , the said pretended marriage was and is absolutely null and void to all intents and purposes in law whatsoever . " The effect of this decree was to induce the Lady Augusta Murray to separate herself from her husband , which separation she survived until March , 1830 .
It is worthy of remark , however , that the law of Rome , or the validity of the marriage by that law , is in no manner pleaded in the cause ; and , unfortunately , at the time , the direct proof of the marriage was not available . An acute writer in the Law Magazine , vol . vii ., also observes , " that the forms required by law were not observed upon this occasion . The Duke was abroad at the time the suit was instituted and the decree
passed ; he was not a party to the sentence , and in theletterof 1798 , andin later documents , in the possession of his son , vehemently protested against it , declaring ' that he considered , ancl ever would consider , his son , Augustus Frederick , as his true , legitimate , and lawful son . ' Besides , no sentence touching the validity of marriage is ever regarded as final , in the strict sense , by the law . In vindicating the line of argument that has been or may
be taken , therefore , we may lay the decree of the Court of Arches aside . " Thus armed , and the evidence of direct proof , wanting in 1793 , having been obtained , Sir Augustus D'Este , in 1831 , submitted a case to
Note: This text has been automatically extracted via Optical Character Recognition (OCR) software.
Character, Life, And Times Of His Late Royal. Highness , By The Public Press.
Majesty , such descendants , after giving twelve months' notice to the Privy Council , may contract such marriage , and the same may be duly solemnized without the previous consent of his Majesty , and shall be good , except both Houses of Parliament shall declare their disapprobation thereto ; and persons who shall wilfully solemnise or assist at the celebration of such marriage without such consent , shall , on conviction ,
incur the penalties provided by the statute of premunire , 16 Rich . II . This bill was very fiercely debated in both houses , and under its provisions a cause of nullity of marriage was instituted by one Heseltiue , as proctor for the king , against the Lady Augusta Murray ; and the following is an extract from the interlocutory decree , which also annulled the second marriage , as pronounced by Sir William Wynne , Dean of
the Arches , on the 14 th of July , 1799 ;— " And the judge did also pronounce , decree , and declare , that in respect to the first marriage , or rather show or effigy of marriage , pleaded in the said libel- to have been had or solemnized , or pretended to have been solemnized at the house of the
Right Hon . Charlotte , Countess of Dunmore , in the city of Rome , on the 4 th day of April , 1793 , there is not sufficient proof by witnesses that any such fact of marriage , or rather show or effigy of a marriage , was in any matter had or solemnized at the said city of Rome , between his said Royal Highness Prince Augustus Frederick and the Right Hon . Lady Augusta Murray , spinster , the party cited in the case ; but
that if any such marriage , or rather show or effigy of a marriage , was in fact had ot solemnized at the said city of Rome , between the said parties , the said pretended marriage was and is absolutely null and void to all intents and purposes in law whatsoever . " The effect of this decree was to induce the Lady Augusta Murray to separate herself from her husband , which separation she survived until March , 1830 .
It is worthy of remark , however , that the law of Rome , or the validity of the marriage by that law , is in no manner pleaded in the cause ; and , unfortunately , at the time , the direct proof of the marriage was not available . An acute writer in the Law Magazine , vol . vii ., also observes , " that the forms required by law were not observed upon this occasion . The Duke was abroad at the time the suit was instituted and the decree
passed ; he was not a party to the sentence , and in theletterof 1798 , andin later documents , in the possession of his son , vehemently protested against it , declaring ' that he considered , ancl ever would consider , his son , Augustus Frederick , as his true , legitimate , and lawful son . ' Besides , no sentence touching the validity of marriage is ever regarded as final , in the strict sense , by the law . In vindicating the line of argument that has been or may
be taken , therefore , we may lay the decree of the Court of Arches aside . " Thus armed , and the evidence of direct proof , wanting in 1793 , having been obtained , Sir Augustus D'Este , in 1831 , submitted a case to