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opportunities which his alliance with her family (he was her brother-in-law) afforded, had succeeded in seducing her when she was but little more than seventeen. After she had acknowledged an affection for him, the intrigue was continued about a year without discovery, but with great risk; and on one occasion, as he himself confessed, he " was two days locked in her closet, without food, except a little sweetmeats." At length the suspicions of the Countess of Berkeley being excited by some trivial accident, she commanded her third daughter, the lady Arabella, to search her sister's room; on which the latter delivered up a letter she had just been writing to Lord Grey, to this effect:

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My sister, Bell, did not suspect our being together last night, for she did not hear the noise. Pray come again on Sunday, or Monday; if the last, I shall be very impatient."

This disclosure took place at Berkeley House, in London; and every precaution was taken to prevent any correspondence, or clandestine meeting between the parties; notwithstanding which, Lady Henrietta contrived to elope from Durdans, a seat of the Berkeleys, near Epsom, and to join Lord Grey in London, with whom she resided for a short time, in a lodging-house at Charing Cross.

The Earl of Berkeley indicted him, and several other persons, for conspiring to ruin his daughter, by seducing The trial came on in her from her father's house. November, 1682, at Westminster Hall; and after a most affecting scene, the Lady Henrietta being herself present, and making oath that she had left home of her own accord, the jury were preparing to withdraw to consider their verdict, when a new tone was given to the pro

ngs, by the lady declaring, in opposition to her claim of her person, " that she would not go with

him; that she was married, and under no restraint, and that her husband was then in court."

The scene that ensued is told so graphically in the report of the trial that we cannot forbear extracting the passage:→→→

Lord Chief Justice (Sir Francis Pemberton.) Let's see him that has married you. [Here a Mr. Turner stepped forward.] Are you married to this lady?

Mr. Turner. Yes, I am so, my lord.

L.C.J. What are you?

Mr. Turner. I am a gentleman.

L.C.J. Where do you live?

Mr. Turner. Sometimes in town, sometimes in the country.

L.C.J. Where do you live when you are in the country?

Mr. Turner. Sometimes in Somersetshire.

Just. Dolben. He is, I believe, the son of Sir William Turner that was the advocate: he is a little like him.

Serj. Jefferies. Ay, we all know Mr. Turner well enough. And to satisfy you this is all a part of the same design, and one of the foulest practices that ever was used, we shall prove he was married to another person before, that is now alive, and has children by him.

Mr. Turner. Ay, do, Sir George, if you can, for there never was any such thing.

Serj. Jeff. Pray, sir, did not you live at Bromley with a woman as man and wife, and had divers children; and living so intimately, were you not questioned for it; and you and she owned yourselves to be man and wife?

Mr. Turner. My lord, there is no such thing; but this my wife I do acknowledge.

is

Att. Gen. We pray, my lord, that he may have his

oath.

0 2

Mr. Turner. My lord, here are the witnesses ready to prove it that were by.

Earl of Berkeley. Truly as to that, to examine this matter by witnesses, I conceive this Court, though it be a great Court, yet has not the cognizance of marriages: and though here be a pretence of a marriage, yet I know you will not determine it, how ready soever he be to make it out by witnesses, but I desire she may be delivered up to me, her father, and let him take his remedy. L. C. J. I see no reason but my lord may take his daughter.

Earl of Berkeley. I desire the Court will deliver her

to me.

Just. Dolben. My lord, we cannot dispose of any other man's wife, and they say they are married. We have nothing to do in it.

L. C. J. My Lord Berkeley, your daughter is free for you to take her; as for Mr. Turner, if he thinks he has any right to the lady, let him take his course. Are you at liberty, and under no restraint?

Lady Henrietta. I will go with my husband. Earl of Berkeley. Hussey, you shall go with me home.

Lady Henrietta. I will go with my husband.
Earl of Berkeley. Hussey, you shall go with me,
I say.

Lady Henrietta. I will go with my husband.
Mr. Williams. Now the lady is here, I suppose my
Lord Grey must be discharged of his imprisonment.
Serj. Jefferies. No, my lord, we pray he may be con-
tinted in custody.

L. C. J. How can we do that, brother? the commit ment upon the writ De Homine Replegiando, is but till the body be produced; and here she is, and says she is under no restraint.

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Serj. Jefferies. My lord, if you please to take a little time to consider of it, we hope we may satisfy you that he ought still to be in custody.

L. C. J. That you can never do, brother.

Serj. Jefferies. But your Lordship sees upon the proofs to-day this is a cause of an extraordinary foul nature, and what verdict the jury may give upon it we do not know.

Att. Gen. The truth of it is, we would have my Lord Grey forthcoming, in case he should be convicted, to receive the judgment of the Court.

L. C. J. You cannot have judgment this term, Mr. Attorney, that is to be sure; for there are not four days left. And my Lord Grey is to be found, to be sure; there never yet, before this, was any thing that reflected upon him, though this, indeed, is too much and too black if he be guilty.

Just. Dolben. Brother, you do ill to press us to what cannot be done; we, it may be, went further than ordinary in what we did, in committing him, being a peer, but we did it to get the young lady at liberty; here she now appears, and says she is under no restraint; what shall we do? She is properly the plaintiff in the Homine Replegiando, and must declare, if she please; but we cannot detain him in custody.

L. C. J. My lord shall give security to answer her suit upon the Homine Replegiando.

Mr. Williams. We will do it immediately.

L. C. J. We did, when it was moved the other day by my brother Maynard, who told us of ancient precedents, promise to look into them; and when we did so, we found them to be as much to the purpose, as if he had cast his cap into the air; they signified nothing at all to his point. But we did then tell him (as we did at first tell my lord so) if he did produce the lady, we

would immediately bail him. And she being now produced, we are bound by law to bail him. Take his

bail.

[And accordingly he was bailed at the suit of the Lady Henrietta Berkeley, by Mr. Forrester, and Mr. Thomas Wharton.]

Earl of Berkeley. My lord, I desire I may have my daughter again.

L. C. J. My lord, we do not hinder you; you may take her.

my

husband.

Lady Henrietta. I will with go Earl of Berkeley. Then all that are my friends, seize her, I charge you.

L. C. J. Nay, let us have no breaking of the peace in the Court.

Despite, however, of this warning of the Chief Justice, Lord Berkeley again claiming his daughter, and attempting to seize her by force in the hall, a great scuffle ensued, and swords were drawn on both sides. At this critical moment the Court broke up, and the Judge, passing by, ordered his tipstaff to take Lady Henrietta into custody, and convey her to the King's Bench, whither Mr. Turner accompanied her. On the last day of term, she was released by order of the Court; and the business being in some way arranged among parties during the vacation, the lawsuit was not persevered in.

the

Lady Henrietta herself is stated to have died, unmarried, in the year 1710; consequently, the claim of Turner must have been a mere collusion to save Lord Grey.

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