REPORT

OF

THE PROCEEDINGS

OF THE

HOUSE OF LORDS

ON THE

CLAIMS TO THE BARONY OF/GARDNER;

WITH AN

APPENDIX,

CONTAINING

A COLLECTION OF CASES ILLUSTRATIVE OF THE

LAW OF LEGITIMACY.

BY DENIS LE MARCHANT, ESQ.

OF LINCOLN'S INN, BARRISTER AT LAW.

LONDON:

HENRY BUTTERWORTH,

LAW BOOKSELLER AND PUBLISHER,

7, FLEET-STREET, NEAR TEMPLE-BAR.

1828.

AP

ALS

G. WOODFALL, ANGEL COURT, SKINNER STREET, LONDON.

ΤΟ

THE RIGHT HONOURABLE

LORD CARRINGTON,

ETC. ETC. ETC.

MY LORD,

IF I had to seek a reason for inscribing this Work to your Lordship, I should find one in the interest, which your Lordship must feel in an account of proceedings undertaken at your own instance, and at your own risk, on behalf of your grandson. Need I add that the unvarying kindness which I have myself at all times experienced from your Lordship, points you out as the person to whom alone, I ought to offer this public testimony of the regard and esteem with which

I have the honour to be,

LINCOLN'S INN,
JULY 28, 1828.

Your Lordship's

Faithful and obliged Servant,

DENIS LE MARCHANT.

TABLE OF CONTENTS.

ADVERTISEMENT, ix.

Preface. Doctrine of adulterine bastardy contained in the

Digest, xiii-xx. Opinion of some civilians thereon, xx, xxi.

Observations on their opinion, xxi, xxii. Opinion of other

civilians, xxii—xxiv. Contrary opinion of civilians, xxiv-xxvi.

Canon law, xxvi-xxviii. Feudal law, xxviii-xxx. English

law, xxx, xxxi. Bracton, xxxi-xli. Fleta, xli, xlii. Britton,

xliv. Foxcroft's case stated and discussed, xlix. The doctrine

of adulterine bastardy in the year books, li. Lord Coke's opinion,

lvi. The doctrine of adulterine bastardy in the law of France,

before the revolution, lix. In the Code of Napoleon, Ixi. The

Frederician Code Ixi.

Table of cases cited, lxiii.

Errata, lxiv.

REPORT of the proceedings in the Gardner claim. Petition,

1-4. Attorney-General's report thereon, 4, 5.

Evidence on the part of the petitioner, as to pedigree, 5, 6.

Admission of the register of Mr. Gardner upon proof that the clergy-

man who had signed the certificate, had officiated at Madras on the

date of the marriage, 6. The sentence of the Ecclesiastical Court

of Captain Gardner's divorce, not evidence unless all the proceed-

ings in the suit were produced. Evidence of Henry Fenton Gard-

ner's illegitimacy. James Jennings, 7, 8. P. S. Lawrence, 8.

Susannah Baker, 8-11. The Honourable H. Gardner, 11. Lydia

Bailey, 11, 12. Rachel Pullen, 12. Sarah Griffith, 12, 13.

Davis, 12, 13. W. Deards, 13. Hannah Palmer, 13.

Singleton, 13. Medical evidence. MR. CLARKE, 13—27.

BLEGBOROUGH, 27–36. MR. PENNINGTON, 36-38. DR. Gooch,

40-49. DR. DAVIS, 49–56.

W. H.

Miss S.

DR.

The claim of Henry Fenton Gardner, 57. Medical evidence.

DR. GRANVILLE, 57. Objection to evidence of the date of the