Volume 2

The trial of Elizabeth Duchess Dowager of Kingston for bigamy, before the Right Honourable the House of Peers, in Westminster-Hall, in full Parliament, on Monday the 15th, Tuesday the 16th, Friday the 19th, Saturday the 20th, and Monday the 22d of April, 1776. On the last of which days the said Elizabeth duchess dowager of Kingston was found guilty / Published by order of the House of Peers.

  • Bristol, Elizabeth Chudleigh, Countess of, 1720-1788
Date:
1776
Catalogue details

Licence: Public Domain Mark

Credit: The trial of Elizabeth Duchess Dowager of Kingston for bigamy, before the Right Honourable the House of Peers, in Westminster-Hall, in full Parliament, on Monday the 15th, Tuesday the 16th, Friday the 19th, Saturday the 20th, and Monday the 22d of April, 1776. On the last of which days the said Elizabeth duchess dowager of Kingston was found guilty / Published by order of the House of Peers. Source: Wellcome Collection.

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    (Cknks T)tile of Richmond. Guilty, upon my Honour. V/tUi(im Earl of Dartmouth^ Lord Privy Seal. Guilty, upon my Honour. ‘Granville Levtfon Earl Gower, Lord Prefident of the Council. Guilty, upon my Honour^ His Royal Highnefs Henry Frederick Duke of Cumberland and Straihern. Guilty, upon my Honour. Then the Lord High Steward, {landing uncovered at the Chair, laying his Hand upon his Sreaft, faid, Lord High Steward. My Lords, I am of Opinion that the Prifoner is GUILTY, upon my Honour. Lord High Steward. My Lords, All your Lordfhips have found the Prifoner Guilty of the Felony whereof Ihe ftands indidled. One Lord only excepted ; who laid, that flae was Guilty—“ erroneoujly, h'at not intentionally d' Is it your Lordfhips Pleafure that (he lihould ;be called in and acquainted therewith ? Lords. Ay, ay. Proclamation was then made for the Depnty Ufher of the Black Rod to bring her Grace the Duchefs of Kingfton to the Bar; which was done. Afterwards Proclamation was made ■for Silence, as ufual. Lord High Steward. Madam, The Lords have confidered the Charge and Evidence brought againft you, and have likewife confidered of every Thing which you havealledged in your Defence ; and, upon the whole Matter, their Lordfliips have found you Guilty of the Felony whereof you ftand indidled. What have you to allcdge againft Judgment being pronounced upon you ? 'The Duchefs of Kingfton delivered a Paper, wherein her Grace prayed the Benefit of the Peerage according to tbs Statutes. Then his Grace the Lord Fligh Steward afleed the Counfel for the Profecution, whether ithey had any Objedlion to the Duchefs’s Claim of the Benefit of the Peerage ? Mr. Attorney General. My Lords, Not expedling to be called upon, I did not attend sto the Form of Words ufed by the Prifoner-However 1 underftand, that flie claims the Benefit of the Statutes ; not confining herfelf, 1 I'uppofe, in the Form of her Claim, to one Statute-, but, alledging herfelf to be a Pcerefs, claims the Benefit of both-, meaning to dnfift, that the Adi, which exempts Women from Judgment of Death, is to be conftrued with Reference to that, which allows Clergy to Lords of Parliament, My Lords, Upon this Claim I fuppofe Two Queftions will naturally arife *, One, whe¬ ther it be competent in her Situation to claim that judgment, or an analogous Judgment to that, which would have been pronounced upon a Lord in Parliament convidted of the like Offence; the other, what would be the Extent, or poffibk Extent of Judgment upon a Lord of Parliament, fo convidted. My Lords, I fpeak to both thefe Queftions ; becaufe I conceive, that, without aggrava¬ ting the Offence, I may fairly‘affume, that all the Qualifications, which were put upon it, have been fully and effecftually proved ; the Marriage ; the Iffue of that Marriage ; the F'raud upon publick Juftice ; the additional Aggravation, that it was no lefs a Surprize upon the Duke of Kingjlon. than a Scandal to the Reft of the World. This being the true State of the Cafe, it muft. occur to every noble Lord’s Mind, that the Laws of this Country would be confiderahly difgraced, if it were poffible to ftate to iuch a Court luch a Crime, attended with all its Citcumftances and Qualifications, as an ‘Objedl of perfedl Impunity, In this Point of View, I fliall take it for certain, that, if I can eftablifh in the Judg¬ ment of your Lordfhips my own firm Perfuafion, that this Claim to avoid Judgment of Death cannot be made under the Statute of Edward VI. or with any Reference to it, but muft refort to the Adt of William and Mary, I fhall then have laid before your Lordfhips that Opportunity, which Juftice, undoubtedly, will be defirous to lay hold on, of pro¬ nouncing a Judgment lomewhat more adequate to the Offence ; though perhaps, in the Opinion of many, far enough from adequate. Or, if, contrary to my prefent Thoughts, ftae may claim any Benefit from the Firft Statute, yet the Adi of Elizabeth will enable your Lordft-jips to make fome flight Satisfadlion to the Law for fo enormous a Violation .of it. ^ “ .My