Soon after this, the duke fell violently in love with Mademoiselle Obern, a beautiful young lady at the Spanish court, who was then one of the maids of honour to the Queen of Spain. She was daughter of an Irish colonel in that service, who being dead, her mother lived upon a pension the King allowed her, so that this lady's fortune consisted chiefly in her personal accomplishments. Many arguments were used by their friends on both sides to dissuade them from the marriage. The Queen of Spain, when the duke asked her consent, represented to him in the most lively terms, that the consequence of the match would be misery to both, and absolutely refused her consent.

Having now no hopes of obtaining her, he fell into a violent melancholy, which introduced a lingering fever, of which he languished 'till he was almost ready to drop into the ground. This circumstance reaching her Majesty's ear, she was moved with his distress, and sent him word to endeavour the recovery of his health, and as soon as he was able to appear abroad, she would speak to him in a more favourable manner, than at their last interview. The duke upon receiving this news, imagined it the best way to take the advantage of the kind disposition her Majesty was in; and summoning to his assistance his little remaining strength, he threw himself at her Majesty's feet, and begged of her either to give him Mademoiselle Obern, or not to order him to live, assuring her, in the language of tragedy, that she was to pronounce the sentence of his life, or death. The Queen consented, but told him he would soon repent it, and the young lady being dazzled with the lustre of a ducal title, and besides having a real value for her lover, they were soon united by an indissoluble bond.

After the solemnization of his marriage, he passed some time at Rome, where he accepted of a blue garter, affected to appear with the title of duke of Northumberland, and for awhile enjoyed the confidence of the exiled Prince. But as he could not always keep himself within the bounds of the Italian gravity, and having no employment to amuse his active temper, he ran into his usual excesses, which giving offence, it was thought proper for him to remove from that city for the present, lest he should fall into actual disgrace. Accordingly the duke quitted Rome, and went by sea to Barcelona, where hearing that the trenches were opening before Gibraltar, he resolved upon a new scene of life, which few suspected he would ever engage in. He wrote a letter to the King of Spain, acquainting him, 'That he designed to take up arms in his Majesty's service, and apprehending that his forces were going to reduce the town of Gibraltar under his obedience, he hoped he should have his permission to assist at the siege as a volunteer.'

This done, he went to the camp, taking his duchess along with him, and was received with all the marks of respect due to his quality. The Conde de la Torres, who commanded there, delivered him an obliging letter from the King his master, thanking him for the honour he intended him, by serving in his troops, and during that siege, appointed him his aid-de-camp, by which, post the duke was to give an account of all transactions to his Majesty himself, which obliged him to be often in the trenches, and to expose his person to imminent danger. During this siege want of courage was never imputed to him; on the contrary, he was often guilty of the most imprudent rashness. One evening he went close to the walls, near one of the posts of the town, and threatened the soldiers of the garrison. They asked who he was? he readily answered, the duke of Wharton; and though he appeared there as an enemy, they suffered him to return to the trenches without firing one shot at him.

This siege was ended, and the duke received no other hurt, than a wound in his foot by the bursting of a grenade, and when nothing more was to be done in the camp, he went to court, where he was held in the utmost respect by the principal nobility. The King likewise, as a mark of his favour, was pleased to give him a commission of Colonel Agregate (that was the term) to one of the Irish regiments, called Hibernia, and commanded by the marquis de Castelar.

Could the duke have been satisfied with that state of life, and regulated his expences according to his income, he had it then in his power to live, if not affluently, at least easily. But in a short time he was for changing the scene of action; he grew weary of Madrid, and set his heart on Rome. In consequence of this resolution, he wrote a letter to the Chevalier de St. George, full of respect and submission, expressing a desire of visiting his court; but the Chevalier returned for answer, that he thought it more advisable for his grace to draw near England, than make a tour to Rome, that he might be able to accommodate matters with the government at home, and take some care of his personal estate. The Chevalier very prudently judged, that so wretched an oeconomist as the duke, would be too great a burden to a person, whose finances were not in a much better condition than his own. Be that as it may, the duke seemed resolved to follow his advice, and accordingly set out for France, in company with his duchess, and attended by two or three servants, arrived at Paris in May 1728. He sent a letter to Mr. Walpole then embassador there, to let him know he designed to visit him. That gentleman returned the duke a civil answer, importing, 'that he should be glad to see his grace at his own time, if he intended it a public visit; if a private one, they would agree upon an hour, that should be most convenient.' The duke declared that he would come publicly, which he did next day, and his discourse with that minister was suitable to the usual gaiety of his temper; for though he spoke of returning home, it was in such an undetermined way, that Mr. Walpole could not guess his real intentions. He received the duke however with his usual complaisance, and with a respect agreeable to his quality, but was not a little surprized, when, at parting, his grace told him, he was going to dine with the bishop of Rochester. Mr. Walpole answered, 'That if he had a design of making that prelate a visit, there was no manner of occasion for telling him of it.' Thus they parted, and never again had another interview.

The duke made little stay at Paris, but proceeded to Rouen in his way, as some imagined, to England; but there he stopt, and took up his residence, without reflecting in the least on the business that brought him to France. He was so far from making any concession to the government in order to make his peace, that he did not give himself the least trouble about his personal estate, or any other concern in England. The duke had about 600 l. in his possession, when he arrived at Rouen, where more of his servants joined him from Spain. There he formed his houshold, and made a calculation, in which there appeared to be but one mistake, that is, he proportioned his expences, not according to his income, but quality; and though every argument was used to convince him of this error, at once so obvious and fatal, yet he would hearken to no admonition while he had one crown left.

At Rouen, as in every other place, the duke charmed all those who conversed with him; he was warmly received by persons of the first distinction in that province, with whom he took the diversion of hunting twice a week, 'till some news arrived, which would have given interruption to the mirth of any other man; but the alteration was scarce to be perceived in him.

This was a Bill of Indictment preferred against Philip duke of Wharton, for high treason. The fact laid to his charge was, appearing in arms before, and firing off cannon against, his Majesty's town of Gibraltar. Here we cannot omit an anecdote, from which the reader may draw what conclusion he pleases. During the time the proceedings against the duke were at a stand in the long vacation, a gentleman of character, intimately acquainted with the duke, and also with his affairs in England; one who enjoyed the sunshine of court favour, and was a Member of Parliament, went over to Rouen to visit his grace, in company with another gentleman. These two visitants took a great deal of pains to persuade him to submit to the government, and return to his estate, which they assured him he might do, by writing a letter to the King, or the ministry. This alone, without any other pretensions to favour, was to re-establish him, and leave him the free enjoyment of his estate, which, notwithstanding all the reductions, would even then have yielded 6000 l. a year. This point they sollicited incessantly, and their words of honour were given, to remove all scruples his grace might have about the performance of the conditions. Their interpositions were however in vain; he refused to submit to the ministry, or write to the King, and thought it beneath him to ask a favour.

This conduct of the duke may be imputed, by some, to pride and obstinacy, but a more natural construction is, that he was afraid of treachery. He could not discover upon what motives, two persons whom he looked upon as creatures of the court, would give themselves the trouble to come to Rouen, in order to persuade him to act for his own interest, unless they had some concealed views of such a nature, perhaps, as would prove fatal to him, should he submit.