1827. WELLESLEY V. BEAUFORT. Accordingly, in December 1823, Mrs. Bligh quitted, in appearance, Mr. Wellesley's family. In fact, however, she remained in an apartment in the same hotel till the April following, when the fact came accidentally to Mrs. The Duke of Wellesley's knowledge; and, during the whole of that interval, Mrs. Bligh was in constant intercourse with Mr. Wellesley. In May 1824, Mr. and Mrs. Wellesley arrived in Paris, whither Mrs. Bligh had gone before them. Mrs. Wellesley immediately wrote to her husband's father, Lord Maryborough, requesting him and Lady Maryborough to come to her assistance; expressing at the same time her readiness to continue her affection to her husband, notwithstanding what she called "his profligate and unprincipled conduct," and even to sacrifice part of her own fortune, in order to make a provision for Mrs. Bligh, if he would separate himself from that woman, and never visit her more. Lord and Lady Maryborough hastened to Paris, but were unable to detach their son from the connection he had formed. His wife then wrote to him, declaring, that the treatment she had for many months endured from him, had been such as she could no longer submit to, and that she was resolved to separate from a husband "who, in conduct, had already abandoned her." Shortly afterwards, she returned to England, with the purpose of living separate from him. He consented that the children should go with her; and wrote her a letter, in which he observed, that, “having, with a deep infliction of suffering to his feelings, assented to a separation from his children, he considered it was not much to request and hope, that she would attentively follow his wishes with regard to their treatment." Mrs. Wellesley, in her answer, expressed the great satisfaction she felt at her children being allowed to accompany her; and assured him that, as far as should lie in her power, she should be happy to attend strictly B 2 to 1827. WELLESLEY V. The Duke of to the wishes he had expressed, and to the instructions he had given for their management. Mr. Wellesley remained on the continent; residing with Mrs. Bligh at Paris, Dieppe, the Hague, and other places. Early in June 1825, his wife resolved to institute proceedings for a divorce in the ecclesiastical court, and this her resolution was made known to him. About the 25th of that month, he and Mrs. Bligh came to England; but his return was not known to his family or to his wife, till the evening of the 7th of July, when he went to the house in London where his wife was residing. Mrs. Wellesley, alarmed and surprised at hearing his voice, escaped with her daughter from the house without seeing him, and took refuge with her uncle. On the following day she caused a bill to be filed in Chancery, with a view to make the infants wards of court, and to protect them against the attempts, which, it was apprehended, the father might make to obtain possession of their persons, and to remove them abroad. On the same day, he was served with a citation for a divorce at her suit. Mr. Wellesley and Mrs. Bligh returned immediately to the continent ; and Mrs. Wellesley gave notice to the trustees of her marriage-settlement to discontinue the annual payment which she had hitherto caused to be made to him out of her pin-money. On the 12th of September, she died; having, five days before, enjoined her sisters, the Misses Long, to resist every attempt which Mr. Wellesley might make to remove the children. After her death, the infants remained under the care of their aunts; Mr. Pitman, a tutor selected for them by their father, who had been with them during the whole of the time they had spent abroad, abroad, and ever since their return to England, continuing to reside with them. On the 30th of September, a bill was filed in their name, by their next friend, against the persons in whom the legal interest in their mother's estates was vested, praying that the usual accounts might be taken; that the portions of the two younger plaintiffs might be raised; that a proper person might be appointed to have the care of the persons of the three infants during their minorities; and that an allowance might be made for their maintenance. The bill was afterwards amended, for the purpose of adding formal parties. In the mean time, Mr. Wellesley was residing in France with Mrs. Bligh, who had there given birth to a child, the offspring of their illicit connection. After the death of his wife, he made repeated applications to the Misses Long for the custody of his children; directing at first that they should be sent abroad to him, but subsequently stating that he was only desirous that they should be taken to the family-seat in Wiltshire. With these applications the Misses Long refused to comply; and in their refusal they were sanctioned, as they alleged, by the approbation of the nearest relations of the infants, as well on the father's as on the mother's side. In October 1825, Mr. Wellesley caused a writ of habeas corpora to be issued from the Court of King's Bench, and served on the solicitor of the Misses Long, for the purpose of obtaining possession of the persons of the infants. On the 3d of November, and before the return of the writ, a petition in the cause was presented to the Lord Chancellor, in the names of the infants, alleging that Mr. Wellesley, who was then resident in France, intended to remove them out of England, and praying 1827. WELLESLEY v. The Duke of 1827. WELLESLEY v. The Duke of that he might be ordered to desist from prosecuting the writ of habeas corpora, and from taking possession of the persons of the infants, or attempting so to do. This petition came on to be heard on the 5th day of November 1825; and, after considerable argument, the Lord Chancellor having intimated his opinion that the circumstance of Mr. Wellesley being then resident in France was alone sufficient to justify the Court in refusing to him the actual custody of the infants, Mr. Wellesley's counsel desisted from pressing his claim. On the 8th of November 1825, Mr. Wellesley presented a petition, in which he stated that, being then in France, and having no establishment fit for the residence and superintendance of the education of his children, he was desirous of having a proper scheme and plan for that purpose, settled and approved of by one of the Masters of the Court; and that he was willing to conform to and promote such plan for the benefit of the infants. The prayer was, that it might be referred to one of the Masters to approve of a plan for the education of, and a proper and suitable establishment for, the infants, and for their residence. Both petitions came on to be heard before the Lord Chancellor on the 9th of November 1825, when his Lordship made an order, "That it should be referred to the Master to consider and approve of a plan for the education of, and a proper and suitable establishment or proper and suitable establishments for, the infants, and for their residence; and it was ordered, that the said Master should approve of a proper person or persons to act as guardian or guardians of the said infants, until the further order of the Court; and, in order thereto, it was ordered that the Master should inquire, and state to the Court, Court, what relations, other than their father, the said infants had, and state on what evidence or ground he approved of any particular person or persons to act as aforesaid; and it was ordered that the person or persons in whose custody the infants then were, should be at liberty to attend the Master upon the said reference, and the Master was to be at liberty to proceed de die in diem, and after the Master should have made his report, such further order should be made as should be just; and it was ordered, that the infants should not be removed out of the custody of the person or persons in whose custody they then were, until the further order of the Court; and it was ordered, that Mr. Wellesley should be restrained from interfering with the infants in their then present situation, until the further order of the Court." Before this order could be drawn up and acted upon, Mr. Wellesley, on the 14th of December, returned to England. On the 4th of January, he presented a petition stating, that the infants were still residing with the Misses Tylney Long; that the petitioner had returned to England, with the intention of taking up his permanent residence in this country; that he had purchased, and was in possession of, and resident in, a suitable mansion, with two acres of land, immediately adjoining to the Regent's Park, which was intended by him for the future residence of himself and family, and was in every respect a proper and suitable residence for them; and that he claimed, as the father and natural guardian of the infants, the immediate custody of their persons, and the future management and control of their education and maintenance. The prayer was, that the order dated the 9th day of November 1825, might be rescinded, and "that the Misses Long might forthwith, on a day to be named, deliver over the infants to the care and guidance of their father." B 4 Various 1827. WELLESLEY v. The Duke of |