but the particulars of which are too indelicate for infertion; evidence was then adduced in fupport of the baftardifing claufe in the Bill, for the purpose of fhewing the Petitioner had no access to Lady Elizabeth within a certain period, during which fhe may poffibly have had iffue. To this point, — Ricketts, Efq. uncle of the Petitioner, was called; and ftated that Petitioner in May 1796, went to Gibraltar, and from thence to the West Indies, where he continued to ferve under Sir Hyde Parker, until June, 1798, when he returned in confequence of a letter which Witnefs had written, apprifing him of the infidelity. of Lady Elizabeth, who at the time of Petitioner's arrival at Falmouth, refided in Hampshire. That Petitioner immediately after landing, came up to town, from whence he went to Cheltenham, and thence to Scotland, during which time he was accompanied by Witnefs, at whofe House he has refided fince October laft. Harriot Stratton, Governefs to Lady Elizabeth's children, alfo proved, that fince laft June, the period of Mr. Ricketts's arrival, her miftrefs has refided at Clifden, near Bristol, where the leads a most domeftic and exemplary life; that she has feen her every night and morning, within that time, in bed, in which one of her Ladyfhip's daughters conftantly fleeps with her, befides alfo a fervant maid in the fame room. Lady Elizabeth never went out, except to pay a morning visit to her mother, Lady Cavan, who lives in the neighbourhood. Mr. Ricketts never came there to her knowledge. Lord Kenyon faid, this evidence of want of access, so far as it applied to the time fince Mr. Ricketts's return from the Weft Indies, however fufficient it might be to form a ground of private opinion, was of too general a nature to fupport a claufe of baftardy. For this purpofe, the law required the evidence of want of accefs fhould be more direct and pofitive, as to every day's proceeding of the party as long as he was intra quatuor maria. The Bishop of Rochefter having fuggefted that he had fome obfervations to make, Counfel withdrew from the bar. His Lordship then faid, he was always a decided oppofer of baftardifing claufes, on the principle of the injuftice of prejudging the right of parties not before the Houfe, Whenever, therefore, they fhould be entertained, he thought no evidence of a general nature fhould be deemed fufficient; and that it fhould be made out in proof, that the want of accefs was not only a moral, but a phyfical impoffibility. The The Duke of Clarence concurred in the principle laid down by the Right Reverend and Learned Prelate, as a proper general rule of conduct. He thought, however, if ever an exception ought to be admitted, it was in the prefent cafe.. It was a fact which the delicacy of Couníel had probably prevented him from noticing in his statement, that the title of Earl St. Vincent might defcend to the children of this, marriage, and therefore it became the Houfe to be parti cularly careful that only the legitimate fhould inherit; and that the honours of that noble and illuftrious officer fhould never devolve on a fpurious iffue. The Duke of Norfolk acquiefced in the impolicy of baftardifing claufes, to which he profeffed himself inimical.-. According to the ancient law on the subject of non-access, it was necessary to prove that the husband was not intra quatuor maria, fo that his refidence within the kingdom, at however great a diftance from his wife, though made out fo clear as to preclude all poffibility of accefs, was held infufficient. He recollected also a cafe in that House, the name indeed he forgot, as he never wished to remember the misfortunes of private families, in which the very act which was admitted as proof of the adultery, was rejected as proof of the baftardy of the child which was the fruits of it. It was the cafe of a man refident in England, whofe wife went to France, where, at the end of twelve months, fhe had a child. The birth of the child was, under thefe circumftances, held to be fufficient evidence of her having committed an act of adultery, and yet the child itself was deemed legitimate. He merely ftated this to fhew that it was a case which required the moft cogent and pofitive teftimony, not from any wifh of adhering to the ftrictnefs formerly required. No man felt more than he did the refpect due to the feelings of a Gentleman in Mr. Ricketts's fituation; and he was fure every Noble Lord prefent would concur with him in opinion, that his abfence in the fervice of his country was an additional recommendation to their notice, and a further claim to their protection against dishonour.His Grace then adverted to the infufficiency of the prefent evidence, and the confequent injuftice of prejudging the rights of parties, who, if any fuch exifted, might hereafter adduce fo much ftronger proofs to invalidate it. He thought, however, a line might be drawn; and as any child born within nine months after Mr. Ricketts's departure, up to which time he cohabited with his wife, would be clearly legitimate, legitimate, that the clause might be limited to fome point fubfequent to that period. This, he said, he suggested not as having his decided approbation, but as matter for confideration; as at all events he was determined, without fome fuch qualification, to oppose the clause in the Committee. Lord Auckland thought there was an over anxiety expreffed on the confideration of the Noble Duke who had just sat down, and thought the clause should be limited to any child born in the interval, between ten months after the departure of Mr. Ricketts from England, and five months after his return. The Bishop of Rochefter in reply, conceived that the fact ftated by the Noble Duke (the Duke of Clarence) warranted an inference the very reverse of that drawn from it, as the more important the right, the more cautious the House fhould be to prejudge the title of the party. Lord Walfingham wished to hear fome further evidence on the fubject. Counfel having returned to the bar, Mr. Balmeno, as Counfel for Lady Elizabeth, stated that it was not his client's wish to impede the progress of the bill, or to interfere with Mr. Ricketts's future domestic arrangements; fhe merely wifhed to take that opportunity of vindicating her character from the afperfions that had been thrown upon it. Lord Kenyon faid the had forfeited her claim to character by her incontinence. Mr. Balmeno proceeded.-His client, he faid, did not mean to vindicate her innocence in that particular; but in the wreck of her character there ftill remained fomething which entitled her to refpect. She was left young and beautiful, expofed to all the temptations which furrounded the circle in which the moved with fo much fplendor; and perhaps it might be found that the paffion for glory, which drew her husband from her fide, and had been that night the subject of their Lordship's praife, was the Moloch to whom her honour and happiness had been facrificed. She now led a penitent and exemplary life in retirement, where fhe wished to throw from her an odium to which she was not entitled. A base and artful female, who enjoyed the protection of her roof, had violated its hofpitality, and betrayed her to difhonour. Of this he could adduce proof; and yet it was afferted without evidence, that instead of being the victim of his wiles, fhe had feduced her defpoiler. Lord Kenyon faid there was no allegation to that effect. Mr. Mr. Balmeno admitted there was none fuch in the ftatement of the Learned Counsel, but that it was well known representations of that nature had found their way into the public prints. Against fuch it was natural for her to wish to vindicate herself. with an anxiety proportioned to her innocence. Fallen as he was, the deferved refpect for those virtues which she had not loft. Misfortunes were facred, and something, entitled to esteem, might even survive the lofs of virtue. It was thus Homer, the great master of moral fentiment, in his Odyfley, and the turbulent fcenes of his Iliad, treated Helen; a perfonage not more beautiful than his client, or more fincere in her repentance. The further proceedings were defered till to-morrow. UNION WITH IRELAND. Lord Grenville moved, that their Lordships be fummoned for Tuesday next, to take into confideration the papers on the table refpecting Ireland. Lord Holland expreffed his hope, that after the oppofition which the measure alluded to had met with in Ireland, where the queftion was confidered at reft for the prefent, the difcuffion of it would not have been now refumed, as it was one that would deprive us of the confidence and cooperation of the party in that kingdom, who wished to maintain the connexion with this. Lord Grenville faid, he was fatisfied that the measure was calculated to promote the intereft not only of the British Empire at large, but of Ireland itfelf; and it was from that conviction that he perfevered in bringing it before the confideration of the Houfe. The motion was carried.Adjourned. HOUSE OF COMMONS. Mr. W. Smith brought up the Slave Carrying Bill, which was read a first time, and ordered to be read a second time to-morrow. The Scots Small Note Bill was read a third time and paffed. Mr. Blackburne obtained leave to bring in a Bill for more effectually fupplying the town of Liverpool with water. Mr. Tyrwhitt ftated, that the Committee to whom Mr. Taylor's Petition for making certain alterations in the vicinity of the Opera House had been referred, having been of opinion that it was informal, he would now prefent a fecond Petition to the fame effect.-The Petition was received, and ordered to lie on the table. The The report of the Bill for facilitating the Redemption of the Land Tax by bifhops and ecclefiaftical corporations, &c. was brought up, and feveral amendments were made to the different claufes. The Clause being read to prevent any appeal taking place, after a contract had been entered into, fome converfation arofe between Sir William Pulteney and the Chancellor of the Exchequer. Sir William Pulteney put a cafe to fhew the injuftice that might arife from the operation of the claufe-it was that of a man who may be fuppofed to obtain, by improper means, the reduction of his Land Tax. This perfon, immediately after fuch reduction, might enter into a contract to purchase his Land Tax, and by availing him of this contract, and of thefe reduced terms, he might occafion an encrease of the affeffments of other perfons, who, in this cafe, would be deprived of the benefit of an appeal, merely because the perfon above-mentioned had entered into a contract to buy up his Land Tax. This, furely, would be a grofs and flagrant injuftice. He faid that a Gentleman of his acquaintance would be a lofer by the prefent claufe, to no lefs an amount than between 2 and 3000l. The Chancellor of the Exchequer acknowledged there might be fome weight in the Honourable Baronet's objection, but in his opinion it might eafily be removed by the introduction of a provifion to the following import, viz. that in cafes where any reduction had taken place in any man's land tax within three years before he had entered into any contract to redeem it, a power of appeal fhould lie against any fuch reduction for three years after any fuch contract had been entered into. Mr. Simeon thought, that without fuch a modification, the claufe would in feveral cafes be extremely grievous, in corroboration of Sir William Pulteney's obfervation, he mentioned a circumftance which had come to his knowledge, and which, though he was not prepared to prove at the bar of the Houfe, yet it was one that he could infift upon with full confidence that it was founded in truth.The circumftance he alluded to was the cafe of a magiftrate who, he believed before the tax had paffed into a law, but yet while it was in contemplation, had contrived to get into his poffeffion the books of the parifh, which enabled him to make out a new fet of books, in which he took occafion to make a confiderable reduction in his own affeffment in the parish, where he poffeffed a very large property, and thus, |