Wakefield v Mackey, otherwise Thorpe, otherwise Jackson, falsely calling herself Wakefiedl
| Jurisdiction | England & Wales |
| Judgment Date | 17 November 1807 |
| Date | 17 November 1807 |
| Court | Ecclesiastical Court |
English Reports Citation: 161 E.R. 937
IN THE ECCLESIASTICAL COURTS AT DOCTORS' COMMONS AND IN THE HIGH COURT OF DELEGATES.
S. C. 1 Hag. Con. 394.
()2 fPak&field v. Mackay, otherwise Lascelles, otherwise Thorpe, otherwise Jackson, falsely callinghtrsdf Wa^eftetd. Consistory Court of London, Michaelmas Term. Nov. 17th, 1807. H^f [S, C. 1 Hag. Con. 394 ] / Judgment-Sir William Scott * This is a suit for a nullity of marriage instituted by Daniel Wakefield, Esq. against Isabella, described m the libel as Isabella Maekay, falsely calling herseif Wakefield. The parties were married in the church of St. James's, Clerkenwell, on the 29th of May, 1805, after a proclamation of banns under the names of Daniel Wakefield and Isabella Jackson. It was observed in argument that this was not a new connexion; and it certainly was not, either with relation to the time of their acquaintance which preceded this marriage connexion, or to the nature and description of that connexion. * This judgment is copied from a note taken in shorthand by Mr Gurney. Mr. Baster, who appears to be a fellow student of Mr. Wakefield's at one of the inns o! Court, has been examined, and he deposes upon the fifth interrogatory that he had understood from Daniel Wakefield, the producent, that he first became acquainted with the ministrant six or seven years ago, this brings it to about the year 1800; it appears that she and Mr. Wakefield cohabited together during the former and latter part of that period ; for it appears that she during the former part of that time, passed by the name of Lascelles at the lodgings where he, the produceut, there kept her as his mistress; who is the seducer and who is the seduced in this case does not at all appear; what the age of Mr. Wakefield is is not disclosed upon the evidence, but this woman appears to have been of extreme youth at this time, I think by the dates assigned not more than fifteen years of age, which lays some ground for probability that she was not the first who took the active lead in forming this connexion. What name she bore at the time Mr. Wakefield was introduced to her, or under what circumstances she was living, does not at all appear; very soon afterwards, namely, in February, 1802, she took the name of Lascelles, Mr Wakefield, at the same time assuming the same name and passing as Mr. Lascellesf the husband of Mrs. Lascelles; he introduced her as his wife to a boarding school, where he visited her, he passing under that name. In 1803 she went to Salisbury under the name of Thorpe; the manner in which she assumed the name of Thorpe is described in her answers to be this, " That upon her going into the country Mr. Wakefield tendered to her a list of names for her acceptance, recommending the name of Baddeley; that she disapproved of that name and chose in preference the name of Thorpe," she went to various country places and, as some part of the evidence would rather seem to disclose, as an actress in a country theatre; she returned to London in 1804; they then cohabited together, he under the name of Mr., she under that of Mrs. Thorpe, he taking a house and keeping a house, paying bills, and carrying on other transactions in that name In September, 1804, a Roman Catholic marriage took place between them, and she assumed the name of Wakefield with his perfect knowledge and consent. after this ceremony, solemnly though not validly performed, she attracted the attention of this witness Mr. Baster; he admits upon an interrogatory that, after the said marriage according to the rites of the Roman Catholic Church, he himself made professions of love and affection to the ministrant, and endeavoured to prevail upon her to leave Mr. Wakefield and marry him, the respondent; and in or about the month of April, 1805, he caused the banns to be published in the parish church of Iver for the marriage of himself with the aaid Isabella Wakefield, the ministrant, by the name of Isabella Jackson. That this offer on the part of Mr. Baster was produced by any effort on her part is, I think, repelled by the account which Mr. Baster gives, that he was the person that endeavoured to prevail upon her, he describes her as a woman of an engagigg person and interesting manners ; the only unfair practice imputed to her is that she fraudulently concealed her birth and parentage, and pretended a connexion with divers noble and illustrious families; to that part Mr. Baster is the only witness, and he proves that she did state herself to be the daughter of the Honourable Mrs. Saudford, connected with the Marquis of Thomond and other considerable persons That this was done for the purpose of effecting any marriage, or the particular marriage upon which I have now to decide, does not appear ; it might be the gratification of an idle vanity, the purchase of a Little present importance amongst the persons with whom she was living, and not at all with any view to the effectuating any marriage ; Jor upon the whole of the evidence I see no anxiety on her part to procure the marriage, she had been content to live upon lower terms with Mr. Wakefield; Mr. Baster's admission upon the eighth interrogatory proves, I think, that her ambition was not very active in procuring this marriage, for he anwsers that he believes Mr. Wakefield...
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