1830.] The Session of Parliament. 493 



The third reading of the bill produced the strongest possible animad- 

 versions on the conduct of Lord Ellenborough. Dr. Phillimore, the 

 civilian, stated the law of the case. By the law of England,, marriage 

 was indissoluble, except in the single instance of the crime of adultery. 

 The custom was to legislate on the particular case. The first of which 

 was that of Lord Roos, in 1669, afterwards Duke of Rutland. The dis- 

 cussion on it lasted for several years. King Charles attended at the de- 

 bates in the House. The bill for the dissolution of the marriage passed by 

 only a small majority ; and Burnet attributed its passing to a sceptical 

 and libertine spirit at court, and a desire in the King to get a divorce. 

 From that time to 1800, a period of one hundred and thirty years, there 

 had been only one hundred and thirty-two divorces by act of Parlia- 

 ment ; whereof eight were in the first forty-five years ; fifty in the next 

 sixty, and seventh-four in the last twenty-five. Then the divorces ran 

 on in rapid proportion ; for from 1820 to 1830 there had been twenty- 

 six cases of divorce. 



Dr. Phillimore after adverting to the repeated cautions that had 

 been given to Lord Ellenborough of the temper and habits of his wife, 

 and the nature of her associates, and other circumstances, which must 

 have put any man of common sense on his guard, came to the separa- 

 tion of the parties for more than six months ; ( ( a circumstance which 

 in any court of justice," said he, " would be considered one that ought 

 to have excited great alarm, and increased vigilance and attention on the 

 part of the husband. But it appeared to have excited neither the one 

 nor the other." Then, " it appeared that this unfortunate lady was in 

 the habit of going daily to Prince Schwartzenberg ; that she went in 

 her own carriage, and with her own servant ; that her grossness of con- 

 duct was visible to the whole street ; that her coachman saw this prince 

 in constant attendance upon her at all times, and at all kinds of places. 

 And yet Lord Ellenborough knew nothing about all this !" From those 

 circumstances Dr. Phillimore felt himself compelled to come to the 

 conclusion, that this noble lord had no right to the aid of the Legis- 

 lature. " The House were called upon to decide upon this case in 

 their judicial capacity, and justice should be their primary object - 

 justice not only to the parties themselves, but to the public ; and in doing 

 so, they should give all the consideration which was due to the sanctity 

 of domestic life, to the public morals, and to all the circumstances which 

 crowd upon the mind in reference to the inviolable nature of the mar- 

 riage tie. Under all the circumstances of the case, after such evidence 

 as had been given by Miss Steele evidence regarding which he doubted 

 whether it would have been sufficient to obtain a verdict in a court of com- 

 mon law, after the absence of other evidence which might and ought to 

 have been given after the consideration of the facility with which that 

 evidence might have been produced by the noble applicant, and of the dis- 

 cretion which the House had in its power, and was bound to exercise in 

 all applications of this kind he said it with pain, that under all the cir- 

 cumstances of this case, he could not give his vote in favour of the relief 

 which was sought to be obtained by this bill." So much for the case of 

 this guardian of India ! the noble person who has the appointment of 

 the Bishops to India, and who, in his part, is to sustain the moral ma- 

 jesty of the British Empire ! 



After this important discussion, the interest of affairs faded away 

 prodigiously. Budgets, corn regulations, coin, foreign policy, were talked 

 of, and talked over, until the Easter holidays, which dismissed the senate 



