THE CASE OF Mary Watkinson, Mother of Hannah Gooding (late Hannah Knight) an Infant and Thomas Gooding Son of Sergeant Gooding.  
UPON the Marriage of the said Mary with John Knight, Esq; her late Husband deceased, who had with her Five thousand pounds Portion, there was a Setlement made for a Jointure for her, and a Term of Five hundred Years vested in trusties for raising of Portions for Daughters, and if but one, and no Issue Male, then to raise Five thousand pounds Portion for such Daughter payable at the day of Marriage, or One and twenty Years, with such maintenance as the trusties should think fit, not Exceeding Sixty pounds per Annum.  
Now the said John Knight had Issue only one Daughter, the afore-named Infant.  
And the said John Knight dying about May, One thousand six hundred ninty and three, his Relations used his Widow very hard and unkindly, which caused her to hasten back to her Father who lived at Chelsea in Middlesex, from whence she applied herself to the surviving trusties of the Infant's Estate for a maintenance suitable to her Daughter's Fortune, whom she had put with a Maid to wait on her to a noted Boarding School in the same Town of Chelsea, and under the conduct of one Mrs. Priest, to whom she gave Thirty five pounds per Annum for her said Daughter and Maids Diet, and Five pounds for Wages, besides the charge of her , and other incident expenses of the School which amounted to a considerable Sum, and therefore expected an allowance in some proportion answerable thereto from the said trusties, but after much solicitation and attendance could prevail with them but for Forty pounds a Year, and of that never had but two Payments, in all amounting to Eighty pounds, tho' the Infant's Father hath been dead almost four Years.  
And having placed her said Child at this Boarding School, she resolved to have kept her there till her Years of discretion, not having the least thought or intention of Marrying her, till finding endeavours were used by her late Husband's Relations (viz.) Ann Knight his Sister, Bridget Taylor one of the trusties Daughters, and others, to take her away from the said School, so that for her preservation she brought her home to herself, where the like attempts were still made, and Servants tampered with to betray her to them, and this she did for no other cause or end, but that her Child might not become a prey to those who seemed more concerned for her Portion then her Person: Under this difficulty she consulted with her Friends what was to be done to secure her Child, and at last determined, that if she could find a convenient March she would Marry her: After this having a Proposal made to her of Mr. Thomas Gooding the Sergeant's Son, and having a good account of the Sergeant, did admit his said Son to see her Daughter, and after several meetings of the Son, which as she believes was without the knowledge of the Sergeant, did direct the Sergeant to be sent for to Treat with him concerning his Son, who coming to her, declared his unwillingness to Treat with her singly being a Woman, but rather with her Friends, to whom he would make his Proposals, what he would do for his Son and for settling her Daughter's Portion, and making a provision for her in case they Married. Whereupon she appointed one Mr. Whitehead an Attorney, and Mr. Mountney to Treat with the Sergeant, who proposed to them to lay out her Child's Fortune (when paid) in purchase of Lands of Inheritance to be settled as a Jointure, and in case she survived his Son without Issue, that the Estate so to be purchased, should come to her and her Heirs; Also the Sergeant offered to settle his interest in the Office of Custos Brevin ' of the King's Bench on his Son immediately upon payment of the Portion, and to charge the said Office with Fifty pounds per Annum, more, as a farther provision for her said Child, with which Proposals she being acquainted, with the advice of her Friends, whom she consulted therein, she and they were well satisfied, and looked upon her Daughter to be thereby well provided for, in case the Marriage took effect. Upon which the afore mentioned Proposals being accepted, they were reduced into Articles, and by advice of her Council settled and executed by the Sergeant: Whereupon a Licence for their Marriage was taken out by her the latter end of September last; at which time she did apprehend and so declared her Daughter to be about Twelve Years of Age, and soon after, that is to say, about the beginning of October last, they were with her consent and approbation publicly Married, and hopes and desires the same may not be avoided or disannulled, conceiving the same to be for her Child's preferment, and not in the least to her disparagement or inconvenience.  

The Case so far as it concerns the said Sergeant and his Son, is as followeth, Viz.  
That the Serjant's said Son (whom he hath bred in Gray's Inn a Student, and is almost at Bar standing) having encouragement from the said Mrs. Watkinson, the Infant's Mother to Marry her said Daughter, had several meetings with the Mother concerning his Marriage with her without the privity or knowledge of the Sergeant, which the Mother promoted so soon through the unkindness she had from her late Husband's Relations and several attempts to take her said Child from her by indirect means, as is presumed either to Marry her to some one of their own Relations, or detain her Portion from her, till her age of One and Twenty, for the benefit of her Uncle the Heir at Law.  
In which the Sergeant hopes he hath done nothing unfair, or otherwise then any Father might justifiably do for his Child, having the Mother's consent and approbation therein, who was her Child's proper Guardian both by Nature and Law, and had the sole disposeing of her, which (as presumed) she hath done without any the least Wrong or Disparagement.  
And whereas it is Objected, That the said Sergeant knew there was a Bill depending against the Mother and her Husband to take the guardianship of the Child from the Mother, Object. by reason of her now Marriage, and the Sergeant was privy thereto being of Council with the Defendants and his hand to their answer.  
'Tis true he did peruse the Defendants Answer tho' then a stranger to all the Parties, Resp. and looked upon the Bill to have no Equity therein, whereupon to ground a Decree for to take away the Child from the Mother, to whom the Laws and Customs of this Realm have entrusted her care, education, and disposal.  
That in Hillary Term last the Surviving trusties for the Infant's Portion, exhibited a Petition to the Lord Keeper against Mrs. Watkinson and her Husband concerning the Infant, 
Hillar. Term last.  who ordered thereupon that Watkinson, and his Wife, and Mr. Sergeant Gooding should appear before him with the Infant the next day of Petitions.  
They attended with the Infant accordingly, 
12 of March following.  where the Petitioners reading Affidavits that were not filled, his Lordship Ordered the same to be filled, and though the Defendants were ready with their Witnesses to make their Defence, his Lordship did think fit that both sides should file their Affidavits by Tuesday noon following, and to be heard on the Thursday after.  
Both sides appeared, 
18 March.  and the Infant was brought into Court; but before the Cause came on, she was conveyed away, and as is supposed by one Jane Pasmore, who about Five Years since was a servant to the Sergeant: The Sergeant, his Wife, her Sister, and several of his Servants were Examined whether they knew of, or were contriving to the taking away of the Infant, who all denied it, nor did, or do know any thing thereof.  
As to the Son's Swearing upon the Mother's taking out the Licence for Marriage, that the Infant was about Twelve Years of age, though the same be not material or essential to the Marriage, or Licence, where the Parent appears, he was induced thereunto from what the Mother then declared before the Judge that took the Oath at Drs. Commons, and also before and after, often declared to him, his Father and Mother, that the Infant was about Twelve Years old, as she really believed, and also the said trusties in their Bill exhibited in July last set forth, that she was then about Ten Years old, which at Christmas following would be Eleven. It being agreed on all sides that she was born about Christmas.  
As to the Marriage, Infra Annos nubiles, with the consent of the Father or Mother, that it is good, there are abundance of precedents, and every days experience. The Wife is Dowable, it must be certified by the Bishop a good Marriage. And also the Husband hath his Action de uxore abductâ cum honis viri, of a Wife, Infra Annos nubiles.  
All which having been transacted both according to the ancient Laws and frequent usage of this Kingdom, it is hoped no Fault can be imputed where neither the known Laws, nor common Practice in like Cases have yet found any.  
All which the Petitioners are ready to make out upon Oath before your Lordships at the Bar of this most Honourable House.