'male, with a remainder over to his third son • Richard.

As to the Altham title, Altham, the first lord Altham, died without issue male, whereupon that dignity became vested in his bro*ther Richard, who had issue Arthur, afterwards lord Altham, and Richard now in pos'session of the Anglesea titles and estates.

With regard to the eldest branch, James, eldest son of the first earl, was, in his father's ⚫ lifetime, married to a daughter of the earl of Rutland, on which marriage, a settlement was 'made in common form, and the estates limited to lord James for life, remainder to his first and other sons in tail male, remainder to the other sons of the said first earl in tail male, ' remainder to his right heirs.

The said first earl was accordingly suc'ceeded, both in the title and estate, by his said ⚫ eldest son James, who afterwards also died, and left issue three sons, James, John and 'Arthur.

James, the eldest of these, and third earl of 'Anglesea, levied fines and suffered common recoveries of his estates, and thereby docked

Mr. Archdale. (one of the jury) I apprehend the question before us is, whether Mary Heath is perjured or not?'

Court. Yes, that is the point, gentlemen.'

Sol. Gen. Mr. Annesley brought an ejectinent in the Court of Exchequer, in order to try his title to an estate in the county' of Meath, which action was accordingly tried

scttlement, and made himself absolute tenant in fee-simple; afterwards he made several wills and codicils, and having no issue male of his own, he thereby limited his estates, ' upon the failure of issue male of his brother 'Arthur, to go to the Altham branch.

Accordingly it happened that the said Arthur, who was afterwards earl of Anglesea, died in 1737, without issue; so that if Arthur lord Altham had been then living, he would ' undoubtedly have succeeded to the Anglesea honours and estates: but as he happened to die in November 1727, it is indisputable, that if he had left a son, such son would have 'been entitled to those honours and estates.

The principal question therefore at the late trial at bar, and the single question now is, Whether the said lord Altham left a son or not? We that are concerned for the crown, ⚫ did then maintain the affirmative, and this we shall now endeavour to prove, though a fact already established by the solemn verdict given at that trial, by twelve gentlemen of the greatest characters for integrity, capacity and fortunes in this kingdom. A verdict not pre'cipitately given, but after 14 days attention and deliberation, and which therefore ought ' to carry the greatest weight.

on that trial was, by the admission of all parties, Whether Mr. James Annesley was the lawful son of Arthur lord Altham? and the jury, who were gentlemen of undoubted cre'dit and fortune, after fifteen days trial and deliberation, found upon their oaths, that Mr. Annesley was the legitimate son of Arthur lord Altham: Upon this trial, gentlemen, Mrs. Heath, the traverser, was examined, as a principal witness, on the part of the defendant the earl of Anglesea, and it is for the evidence she then gave, that she now stands indicted for perjury, in the five following par'ticulars :

First, That she swore, that Mary lady Altham, who was wife of Arthur late lord Altham, never was with child, while she Mary • Heath lived with the said Mary lady Altham. Secondly, That she swore, that the said lady Altham never had a child at Dunmaine in the county of Wexford.

Thirdly, That she swore, that there never 'was a child, as the child of the family of lord and lady Altham, either christened or living at Dunmaine house in the said county of Wexford, while she Heath was at Dunmaine.

Fourthly, That she swore, she never saw 'a child in the hands or care of Joan Laffan, while the said Joan Laffan was at Dunmaine 'house.

Fifthly, That s'e swore, that the said lady Altham never miscarried of a child at Dunaforesaid.

6

And although it will be enough for us to prove Mrs. Heath guilty of perjury, in any one of the said points, yet notwithstanding the great and many advantages gained against us by our being surprised, and hurried on to trial at this juncture, I doubt not of our 'being able to convict her of the whole. We *shall begin, by proving, that Mrs. Heath, at the

⚫ trial at bar, swore the several particulars men⚫tioned in the indictment, and then shall pro<ceed to shew, that those particulars are false.' Court. The first assignment of perjury is, that lady Altham never was with child while the traverser lived with her.

Serj. Marshall, My lord, we shall first produce the record. Upon the trial in the Court of Exchequer the single point was, Whether the lessor of the plaintiff was the son of lady Altham, wife of Arthur late lord Altham? and there was a verdict found for him. Mr. Daly. We admit the record, and we admit Mary Heath was produced as a witness upon that trial, and that she swore that lady Altham had not a child, whilst she the traverser lived with her.

Serj. Marshall. Do you admit the several assignments of perjury? Mr. Daly. We do.

Serj. Marshall. My lord, the next thing that we shall lay before your lordship is a person (Mrs. Cole) to prove, that after lady Altham's arrival in this kingdom, in the year 1713, she came to the house of Mr. Briscoe, in Bride-street, in this city; that after staying there some short time, she removed to the house of one Mrs. Vice, in Essex-street; that from thence she went to the late lord Altham's house at Dunmaine, in the county of Wexford; and it will appear to your lordship and to the gentlemen of the jury, that at the late lord Altham's house at Dunmaine she was with child, and did miscarry of a child.

Mr. Daly. We admit, if you please, that Mrs. Heath came over with my lady Altham in October 1713, and lived with her to her death in the year 1729.

Court. Gentlemen, call your witnesses.

Mrs. Henrietta Cole sworn.

Serj. Marshall. Mrs. Cole, did you know Artbur late lord Altham?

Mrs. Cole. Yes, Sir.

Did you know Mary lady Altham, his lady? -Yes.

At what time did you first become acquainted with her?-In the year 1713.

Do you know any place in the county of Wexford, where they lived?-Yes, at Dunmaine.

Were you at any time at that house, and when? I was, Sir.

Can you recollect about what time, madam? -I believe it might be about February that my mother and I went there.

In what year ?-In the year 1713. Do you know of any remarkable accident that happened while your mother and you were there? Yes, I do.

Give an account to the Court and the jury, what that accident was.--My lord was in a very great passion one day, at some saucers being brought to the table; his passion was very great, and he had ordered them never to come upon the table on any score, for they were not fit for modest people to see; and all

on a sudden he threw them between my lady and me, and put my lady into a violent fright. Court. What were they?-China saucers, my lord.

Serj. Marshall. Pray, madam, what happened upon that occasion?-My lady fell a trembling; into a violent fit of trembling and tears.

Was there any, and what consequence from this accident?-My lady was exceedingly ill in the night.

Mr. Edm. Malone. My lord, before she goes on any further, I hope she will say what she knows of her own knowledge, and nothing

more.

Serj. Marshall. Whatever may be an inducement to the material point is necessary for her to say.

Court. Go on.

Mrs. Cole. I say it from Mrs. Heath the person coming to my mother, and I in bed with my mother.

Court. Then you heard Mrs. Heath tell your mother my lady was very ill?—I heard her, my lord.

Serj. Marshall. Did any and what consequence happen from that illness?-My mother told me in the morningYou must only.

Court. Stop you there.

tell what you know yourself did happen. Serj. Marshall. Well, tell what did happen of your own knowledge.-My lady miscarried, as I understand.

From whom were you informed that my lady was so sick?-From Mrs. Heath.

Where were you at that time that you were informed of it?-In bed with my mother.

What did she say to your mother then?-She came to the door, and said, For God's sake, Madam, get up, my lady is exceedingly ill, make haste and get up.'

Pray, Madam, do you know what was the cousequence of that illness?-My lady miscarried, as I take it.

Why do you apprehend that she miscarried? -I saw an abortion in the bason the next day. Where did you see it, madam?—In my lady's closet.

Who shewed it to you?-I believe, my mother; as to that particular I cannot be positive.

Where was Mrs. Heath at that time?-Indeed, I cannot be positive as to that; but she was ever at my lady's elbow whenever she was ill.

How was she in that family, a servant or relation?-She was a servant, I think; I cannot tell whether she was a relation or not.

Was she my lady's woman?-She was deemed as such.

Had you any and what discourse with the traverser concerning my lady's sickness at that time?-Indeed, I cannot charge my memory with having any; we might have had discourse about it, but I cannot charge my memory.

How long was lady Altham confined afterwards to her chamber?-That is a question I cannot exactly tell you,

Was she confined to her chamber after that accident of the saucers?-She was confined to her chamber; my lord wanted her down to supper that night, and sent for her several times; and my mother went up for her, and she was too ill to come down.

Mr. Recorder. What night?-The night of the day that the saucers were thrown.

Serj. Marshall. You say, madam, that my lady was confined, pray how long was she confined?-Whether it might be a fortnight or three weeks, I cannot positively say, but she was confined to her chamber.

In what manner was she confined, in bed, or up, or how?-She kept her bed for some time, and sat up in her chamber at other times.

Did you give an account of this affair to any body whatsoever since the time this accident happened?—I have spoke of it frequently, and my mother has spoke of it.

To whom, madam, can you recollect?-Indeed, I believe there is Mr. Monck's family, that I believe may remember it perfectly well; there is in Gorey several that may remember it from my speaking of it before ever this affair happened.

Where was Mrs. Heath during the time that lady Altham was confined in her chamber? Mr. Recorder. Oh! she said already, that she was about her.

Pray, madam, did Mrs. Heath know any thing of that matter, or not?—She was in the house, she was immediately at her elbow, she was the person that came to my mother.

Court. Did you go into my lady's room when she called your mother?-I did not, my lord, I lay in my bed.

Serj. Marshall. But she desired your mother to make haste, for that my lady was exceedingly ill?-She did, Sir.

Jury. What time of the night was it that Mary Heath came to your apartment?—I really cannot recollect.

When was it that you went into the closet, and saw this abortion you mention?-The next morning about nine or ten o'clock, I believe; to be certain I cannot.

Do you take upon you to say, that at the time when your mother shewed you the abortion, that the traverser was in the closet?-I cannot say, she might or might not.

Did Mrs. Heath constantly attend lady Altham?-She did constantly.

Did you ever see her attend her?—I have seen her, and was often sent to call her.

Serj. Marshall. When she called your mother up, did she express any and what apprehension concerning my lady's illness?-I cannot say that she expressed any at all, only that she said, For God's sake, madam, get up, my lady is exceedingly ill.

Do you know how it was understood in that family, what the occasion of that sickness was? Court. Supposition or hearsay is nothing.

Cross-examination.

Mr. Recorder. Pray, madam, do you re

member the time that my lady Altham came to Ireland, the month I mean?-Mrs. Cole. About October.

Where did she lodge when she came to Dublin? Did not she come to your father's house? She came to my father's house.

How long did she continue in your father's house before lord Altham came ?-Whether a month or six weeks in town, before he came to town, I cannot tell.

Pray, madam, where was it that my lord and she first met?—At my father's house.

Can you recollect the month that was in ?— I cannot be very certain; but I think that it must have been in November, the latter-end of November, or in the beginning of December, which I cannot tell.

Do you fix it in November?-1 cannot fix it more than what I say.

1 ask you now, madam, did my lord and lady Altham lodge at your house till they went to Dunmaine?—I do not believe they did.

I ask you, upon your oath, did they lodge in your father's house till they left town?—I think they did not.

It is a material question, and you must answer it; I ask you, did they or did they not? for you that remember things so well, must know whether they did or no. Did not they lie there the night they were reconciled? They did, and some nights after.

Did not they till they left town?-No, Sir, I do not believe they did.

Cannot you say whether they did or not?— I cannot say positively.

Can you say they did not lodge there while they staid in town? You that know they were reconciled by your father's means, cannot you recollect whether they left your father's house before they left town?-I do not think that they staid there while they lived in town.

You do not think; but can you say whether they did or not?-I tell you, Sir, my father was uneasy at their being in his house; my lord was a man that had a great many freaks, and my father prevailed on him to take lodg ings.

And did he take lodgings?—I think I may say it, I am not certain; but I think I may be positive that they did not lodge at my father's house till they went to the country.

Well, then, madam, do you recollect their going away from town? Did the coach come to your father's house to carry them away?— I do not remember.

Were they at your father's house when they went away?—I do not believe they were.

Did the coach come for them ?-I remember no coach coming for them. Indeed I do not remember any equipage.

Now, Madam, you say that your mother and you went to Dunmaine; what time was it that ford and lady Altham left this city ?-1 cannot ascertain the time of their going.

You did not go with them ?-I did not.

I think you said your mother and you went to Dunmaine in February ?-1 believe it was.

upper end of the table, and the chimney was behind me.

Mr. Recorder. Did you sit the next to her? -I sat the very next to her.

On which hand?-The right hand. Was your mother there?—My mother was there.

And did you sit on the right hand of my lady? -I can give you a very good reason for it.

Tell it. It is that my mother had got some cold, and her eyes were weak, and she did not care to face the light.

What room was it you dined in? Describe Dunmaine. I have not been at Dunmaine lately; but however, the room, as you come in at the street-door, was on the right hand; there was a bed in the other room opposite to it. What was the use of those saucers?— There was something upon every one of them. How were they brought to the table?-They were brought in on a dish, a desert, and those saucers were intermixed with other things.

What had they upon them?-I believe there were sweat-meats upon them.

Were you daubed with them when my lord threw them by you?-He took them in this manner, and emptied them all; and as he emptied them he threw them between my lady and me, he would empty a saucer and throw it, and so one after another till he had thrown them all.

Where did he empty them into?—In the dish that they were standing on.

Did he know that my lady was with child? -I believe he did; and I am pretty sure he did.

And yet he threw those saucers directly between you?-Sir, my lord was unaccountable in his temper.

Court. Do you say that my lord knew my lady was with child?—I do believe he did know it.

What is your reason for that belief?-I have no reason, only because of the abortion.

But had you any reason to believe he knew it before that time?-I do say thus far, that the very first words that Mrs. Heath said to my mother

Court. You are only to say what you know yourself.

Mrs. Cole. I heard my lord say that my lady was with child before the accident.

Mr. Recorder. Did you hear him say so? I did hear him say so.

And yet he threw the saucers in this manner; how did he throw them ?-My lady put her head one way, and I put my head the other, as they were throwing.

Now, madam, you say you went into the closet the next morning, your mother carried you there ?-No, she did not.

Who carried you there?-I went of myself. Was your mother there ?-She was in the closet.

And your mother shewed you this abortion? -She did.

Now, how old were you at that time?-I

believe this will shew (holding a bit of paper in her hand); when I was here before I was quite uncertain as to my age.

You then said you were 12 or 13?-There is a fault in that trial, for I was asked my age, and I could not be certain; I was asked why I could not, and I said I could not, because there was always

What did you say your age was then? Did you say how old you were?-Forty-five or thereabouts.

Did not you say you were then twelve years old?-I was led into it; I said I was, and could not tell how much more; I was asked how old then was I, 10, 12, 14, or 16; and said I might be 10, 12, 14, or 16, which I cannot determine.

How old were you at the time of the trial; did you not say 45 or thereabouts?—Here is my age (shewing the paper); I have now got it, and it is vastly more.

When were you born?-I was born in the year 1691, but then I did not know.

Court. What is your reason for saying you were born in the year 1691?-I got my age out of the registry.

What registry?-Of St. Nicholas.

What parish of St. Nicholas ?-St. Nicholas, Dublin.

Which, there are two parishes called St. Nicholas? This St. Nicholas next us here. Whereabouts is the church, in what street? -St. Nicholas hereabouts, I do not remember the street.

Court. That is St. Nicholas within.

Mr. Recorder. Why then you were 22 at that time?

Court. There is 10 years difference, and that is a great while to be mistaken in.

Mrs. Cole. I tell you, that here was the thing just as I was asked; when they asked me my age, I said I cannot tell, take so many out of so many, and then you will know; there was some of the lawyers immediately talking, she's perjured, and that struck me to the heart, that I did not know what I said.

Court. Were you asked that question but once on the trial, or twice, or thrice?—I know I was asked it once, and when I was on the table the last time, that was the second time, I had then recollected myself.

Mr. Recorder. Were not you asked how it came that your mother shewed you the abortion when so very young?-I do not know indeed.

Do you remember when you came to the age of one-and-twenty? Did you never reckon your years?-I did not, and there was a constant dispute and debate what year I was born.

Were you of age when you went to Dunmaine? To be sure I find by this registry I was.

That is no evidence; were you one-andtwenty when you went to Dunmaine?—I was to be sure.

You say it positive ?-I do say it positive. How came you to mistake so prodigiously?