A  DEED  of  separation  was  produced,  containing  the  following
clause : — ^'  He,  the  said  James  Esten,  doth  hereby  covenant  and
agree  to  and  with  the  said  Anna  Maria  Bennet  (the  mother  of
his  wife),  her  executors  and  administrators,  and  to  and  with  the
said  Harriet  Esten,  his  wife,  in  manner  following ;  that  is  to  say,
that  the  said  Harriet  Esten  shall,  and  lawfully  may  at  all  times
hereafter,  live  separate  and  apart  from  him,  the  said  James
Esten;  and  that  he  shall  and  will  permit  and  suffer  the  said  Harriet
Esten  from  time  to  time,  and  at  all  times  hereafter,  during  their
joint  natural  lives,  to  live  separate,  distinct,  and  apart  from
him,  the  said  James  Esten,  in  such  dwelling-house,  lodgings,  or
apartments,  and  with  such  relations  and  friends,  in  such  family  or
families,  and  with  such  person  or  persons,  in  such  manner  as  she  in
her  own  free  will  and  discretion  shall  think  fit,  and  shall  be  agree-
able to  herself;  and  in  like  manner  to  all  intents  and  purposes
whatsoever,  as  if  she  were  sole  and  unmarried ;  and  further,  that
he,  the  said  James  Esten,  or  any  other  person  or  persons,  by  his
authority,  order,  and  direction,  shall  not,  nor  will  at  any  time  or
times  hereafter,  institute  or  commence  any  action  or  suit  against
the  said  Harriet  Esten,  his  wife,  in  the  Ecclesiastical  or  any  other
courts,  for  living  separate  and  apart  from  him ;  nor  for  compelling
her  to  cohabit,  live,  or  reside  with  him ;  nor  shall  nor  will  himself
disturb  or  interrupt  her,  or  any  other  person  or  persons  whatso-
ever, for  receiving,  residing  with,  or  accommodating  her,  either  in
public  or  private,  in  any  manner,  or  by  any  means  whatsoever."

The  husband  in  this  case  was  a  purser  in  the  navy  ;  his  wife,  an
actress. After  the  separation  she  placed  herself  under  the  protection
of  the  Duke  of  Hamilton,  to  whom  she  bore  a  child. Esten  brought  an
action  against  the  duke,  but  was  nonsuited. He,  however,  obtained
a  decree  of  separation  in  the  Court  Spiritual,  and  followed  up  this
proceeding  by  applying  for  a  divorce  in  Parliament. The  case  pre-
sented strong  indications  of  collusion. But  it  is  probable,  that  the
complete  surrender  by  the  husband,  of  all  authority  and  control
over  his  wife^  under  the  deed  of  separation,  would  of  itself  have


PARLIAMENTABY  DIVOBCE. 