The Most Painful Case of its Kind

 It would seem that the Rev. James Whitley Deans Dundas was destined for the vicarage of St. Mary's, in the Berkshire village of Kintbury. The 28-year old Mr. Dundas was the son of Capt. and later Admiral Dundas, who was Lord of the Manor and patron of the ancient church. Thus, in 1840, when the longtime vicar, Mr. Fowle, died, it was his time. However, there was the matter of the clergyman's absent wife to be sorted.

In 1834, with a Cambridge degree, James began studying for holy orders. On holiday in Hampshire, he met the daughter of a Col. Burslem. Olivia was a "young lady of considerable personal attractions" and James was soon very much in love and was welcomed by the Burslem family, residing with them for some little time. During that visit, Olivia was ill and confined to her room, where James "abused the confidence reposed in him by effecting her ruin." According to the Burslems, James was thrown out and refused to take responsibility for his child (Olivia was sent to London where she delivered a girl in June 1835.) The Burslem and Dundas families, after lengthy negotiations, brought James and Olivia to the altar. By then, the Rev Mr. Dundas had been ordained and had a curacy in Portsmouth. They were quietly married on 13 February 1836; their marriage settlement was said to be 15,000 pounds!

A little over a year later, in August 1837,  they separated. Prior to 1857, a divorce would have required (an expensive) Act of Parliament. Frequently, as a first step, the husband (but not the wife) could establish his wife's adultery with an action for criminal conversation. In July 1840, the case for the Rev. Mr. Dundas, was opened at the Queen's Court, in London's Westminster Hall. Neither he nor his wife could be heard. The jury was told that Rev. Dundas had sincerely wished to reconcile with his wife until he discovered her misconduct. The servants from two inns, the Castle in Marlborough and the White Hart, Chippenham, were paraded through, swearing that Mrs. Dundas and William Hoey, a "wealthy sporting gentleman of Bath" had passed as man and wife, sleeping in the same bed. Such profligacy raised the prospect of a "spurious offspring" brought into the respected Dundas family. Substantial damages, therefore, were due to the vicar of Kintbury.

The case for Mrs. Dundas was made by her mother and father who testified to the "real circumstances" of their daughter's relationship with James Dundas. Since the day he got her pregnant, he treated her with the "greatest repugnance." He insisted on a huge fortune to marry Miss Burslem but never showed her any affection. He was violent towards her; there was evidence of a swollen lip and other maltreatment. In sum, Dundas devoted his whole attention to ridding himself of his wife, thereby exposing her to the seductions of other men. By his willful neglect, he discarded a young and beautiful woman from her home, placing her in great moral danger. 

How could the Burslems bring before the public the disgrace of their own daughter, Rev. Dundas' counsel argued. He admitted his client had sinned but he was not then a man of the church. "Some allowance must be made for human passion."

It was the most painful case of its kind, Justice Lord Denman declared, after listening to the lengthy and pretty candid testimony. The evidence was clear, he told the jury, that Mrs. Dundas had committed adultery with the shadowy Mr. Hoey and, by law, reparations were due to the violated husband. However, the jury must consider the conduct of the Rev. Dundas. "He who has taught a woman to sin once, has the less reason to be surprised she should sin again." After no more than a few minutes, the jury gave their verdict. There was no doubt criminal conversation had occurred but it was their opinion that Rev. Dundas had "morally deserted" his wife. Therefore, they awarded him the classic minimum damages of a single farthing.

The Rev. Mr. Dundas was never divorced. He remained married but lived apart from Olivia Dundas who outlived him, she died in 1881.  Dundas remained the vicar of Kintbury for over thirty years until his death in 1872. He was buried in the family vault. There was a church window installed at St. Mary’s in "affectionate remembrance of his unceasing acts of charity and kindness." 

How the Vicar Came and Went is my latest collection of stories of Victorian Clerical Scandals. It is available exclusively through Amazon.