Page:The Case of Mary Watkinson (1697).png

 THE CASE OF Mary Watkinson,

Mother of Hannah Gooding (late Hannah Knight) an Infant and Thomas Gooding Son of Serjant Gooding.

UPON the Marriage of the said Mary with Fobn Knight, Esq; her late Husband deceased, who had with her Five thousand pounds’ Portion, there was a Setlement made for3 ome forher,.and a Term of Five hundred Years vested in Trustees forrai Portions for Daughters, and if butone, and no Issue Male,then to raise Five thousand pounds Portion forpape,

the day of Marriage, or One and twenty Years, with fuch maintenance as the Trustees should think fit, not Ex

4 n Annum,‘

Now the said Jobe Koi bt had Issue only one Danghas, the asore-named Infant.

And the said Fobn Knigbt dying about bat One thousand fix hundred ninty and three, his Relations ufed his Widow very hard and unkindly, which caufed her Sohateen back to her Father who lived at Chelfea in Middlefex, from whence she applied her felf to the furviving Trustees of t ‘Tofants Eftate fora maintenance fuitable to her Daughters Fortune, whom she had put with a Maid to wait on her toa noted Boarding School in athe same Town of Chelfée, and under the condué of one Mrs. Prief, to whom she gave Thirty five pounds per Annum forhet said Daughter and Maids Diet, and Five pounds forWages, befides the charge of her Cloaths, and other incident expences of the School which amounted to a) confiderable Sum, and theresore ex an allowance in some proportion anfwerable thereto from the said Traftees, but after much solicitation| and attendance could prevail with them but forForty pounds a Year, and of that never had but two Payments, in all amounting to Eighty pound tho’ the Infants Father hath been dead almoft sour Years.

And haying placed her said Child at this Boarding School, she refolved to have kept her there till her Years of difcretion, not having the leaft thought or intention of Marrying her, till finding endeavours were ufed by her late Husbands Relations (viz.) Ann Keight his Sifter, Bridget Taylor one of the Trustees Daughters, and others, to take her away from the said School, so that for her prefervation she brought her home to fle, where the like attempts were still made, and Servants tampered with to betray her to them, and this the did for no other caufe or end, but that ‘her Child might not becomea prey. to thofe who feemed more concerned for her Portfon then her Perfon: Under this difficulty she confulted with her Friends whe was to be done to secure her Child, and at last determined, that if she could find a convenient March she would Marry her: After this having a Propofal made to her of Mr. Thomas Gooding the Serjants Son, and, having a good account of the Serjant, did admit his said ‘Son to fee her Daughter, and after feveral meetings of the Son, which as she believes was without the knowledg of the Serjant, did direét the Serjant to be fent for to Treat with himconcerning his Son, who coming to her, declared his unwillingnefsto Treat with her fingly being a Woman, but rather with her Friends, to whom he would make his Propofals, what he would do for his Son and for fetling her Daughters Portion, and making a provifion for her in cafe they Married. Whercupon she appointed one Mr. Whitebead an Attorney, and Mr. Mdountney to Treat with the Serjant, ‘who propofed to them to lay out her Childs Fortune (when paid ) in purchafe of Lands of Inheritance to be fettled as a irene, and in cafe the furvived his Soh without Iffite, thatthe Eftate so to be purchafed, should come to her and her Heirs; Also the Serjant offered to ferle his inereft in the Office of Cuftes Breviw’ of the Kings Bench on his Son.immediatly upon paymrent of the Portion, and tocharge the said Office with Fifty pounds per Annum, more, as a farther provifion for her {aid Child, with whichPropofals the being acquainted, with the advice of her Friends, whom the confulted therein, she and they were well fatisfied, and looked. ae her Daughter to be thereby well provided for, in cafe the Marriage took effect. Upon which the afore mentioned Propofals being accepted, they were reduced into Atticles, and by advice of her Council fettled and executed by the Serjant: Whereupon a Licenfe for their Marriage was taken out by her the latter end of September la(t, at which time she did) .apprehend and so declared her Daughter to be about Twelve Years of Age,and foon after,that is to fay,about the - of Ofober last they were with her confent and approbation publickly Married, and hopes and defires the same may not be avoided or difanulled, conceiving the same to be for her Childs preferment, and not inthe leaft to her difparagment or inconvenience.

The Café so far as it concerns the (aid Serjant and his Son, is as followeth, Viz.

That the Serjant’s said Son ( whom he hath bredd in Grays Inn 'a Student, and is almoft at Bar ftanding ) having incouragment from the said "Mrs. Watkinfon, the Infant's Mothér to aga her said Daughter, had feveral meetings wich the Mother ceria Marriage with her without the privity or knowledg of the Serjant, which the Mother promot so foon through the unkindnefs she had from her late Husband’s Relations and feveral attempts to take her said Child from_her by indireét means, as is prefiimed cither to Marry her to fome one of their own Relations, or detain her Portion from her, till her age of One and Twenty, for the benefit of her Uncle the Heir at Law.

Tn which the Serjant hopes he hath done nothing unfaire, or otherwife then any Father might jultifiably do for his Child, having the Mother’s confent and ap} tion therein, who was her Childs proper Guardian both by Nature and Law, and had the fole difpofting of her, which (as prefumed ) she hath done without any the leaft Wrong or Difparagment.

. And whereas it is Objeéted, That the said Serjant knew there wasa Bill depending againft the Mother and her Husband to take the guar-

Obje#. dianfhip. of the Child from the Mother, by reafon of her now Mariage, and the Serjant was privy thereto being of Council with the De- fendants..and his:hand to their _anfwer.

4 Tis true he did perufe the Defendants Anfwer tho’ then a ranger to all the Partics, and looked upon ‘the Bill to have no Equity

Refp. therein, whereupon to ground a Decree for to take away the Child from the Mother, to whom the Laws and Cuftoms of this Realm have

intrufted‘her case, education, and difpofal. :

j That in Hillary Term last the Surviving Truftecs for the Infants Portion, exhibited a Petition to the Lord Keeper against Mrs. Watkinfon and

Hiller Terme her Husband concerning the Infant, who ordered thereupon that Watkinfon, and his Wife, and Mr. Serjant Gooding should appear before him with the Infant the next day of Petitions.

March They attended with the Infant accordingly, where the Petitioners reading Affidavits that were not filed, his Lordship Ordered the same to be 120f March fied, and though the Defendants were ready with their Witneffes to make their Defence, his Lordthip did think fit that both fides thould file

following. their Affidavits by Tuesday noon following, and to be heard on the Tburfday after. ., Both fidés appeared, and the Infant was brought into Court; but before the Caufe came on, she was conveyed away, and as is fuppofed

18 March. by one Fane Pafmore, who about Five Years fince was a fervant to the Serjant : The Serjant,his Wife,her Sifter,and feveral of his Servants were Exa- mined whether they knew of, or were contriving to the taking away of the Infant, who all denied it, nor did, or do know any thing thereof.

As to the Son’s Swearing upon the Mothers takeing out the Licenfe for Marriage, that the Infant was about Twelve Years of age, tho the same be not material or effential to the Marriage, or Licenfe, where the Parent appears, he was induced thereunto from what the er then declared before the Judge that took the Oath at Drs. Commons, and also beforeand after, often declared to him, his Father and Mother, that the Infant was about Twelve Years old, as she reallv beleived, and alfothe said Truftces in their Bill exhibired in ‘Fuly last fet forth, that she was then about Teri Years old, which at Chriftmas following would be Eleven. It being agieed on all fides that she was born about Chri(tmas,

As tothe Mariage, Infra Annos nubiles, with the confent of the Father ot Mother, that it is good, there are abundance of prefidents, and every days experience. The Wife is Dowable, it mult be certified by the Bifhop a good Marriage. And also the Husband hath his Aétion de uxere abduttd cum bonssviri, of a Wife, Infra Annos nubiles.

All which having been tranfacted both according to the ancient Laws and frequent ufage of this Kingdom, it is hoped no Fault can be imputed where neither the known Laws, nor common Praétice in like Cases have yet found any. 4

I which the Peritioners are ready to make out upon Oath before your Lordships at the Bart of this most Honourable House.