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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    Defence •, and this, whether the Covin is apparent upon the Record, as not elToining, or not demanding the View, or by fuffering Judgment by Confeffion or Default; or extrinfic, as not pleading a Releafe, collateral Warranty, or ocher advantageous Pleas. In Criminal Proceedings if an Offender is convidled of Felony on Confeflion, or is outlawed, not only the Time of the Felony, but the Felony icfelf may be traverfed by a Purchal'er, whofe Conveyance would be affected as it Hands and, even after a Convidion by Verdid, he may traverfe the Time, In the Proceedings of the Ecclejiaftical Court the fame Rule holds. In Dyer there is an Inftance of a Second Adminiftration, fraudulently obtained, to defeat an Execution at Law againft the Firft; and the Fad being admitted by Demurrer, the Court pronounced againft the fraudulent Adminiftration. In another Inftance an Adminiftration had been fraudulently revoked *, and the Fad being denied, Iffue was joined upon it j and the Collufion being found by a Jury, the Court gave Judgment againft it. In the more modern Cafes, the Queftion feems to have been, Whether the Parties fhould be permitted to prove Collufion; and not feeming to doubt but that Straiigers might. So that Collufion, being a Matter extrinfic of the Caufe, may be imputed by a Stranger, and tried by a Jury, and determined by the Courts of Temporal Jurifdidion. And if Fraud will vitiate the Judicial Ads of the Temporal Courts, there feems as much Reafon to prevent the Mifchiefs arifing from Collufion in the Ecclefiaftical Courts, which, from the Nature of their Proceedings, are at leaft as much expofed, and which We find have been, in Fad, as much expofed, to be pradifed upon for finifterPurpofes, as theCourts in Weflminfter Hall. We are therefore unanimoufly of Opinion: Firft, That a Sentence in the Spiritual Court againft a Marriage in a Suit of Jaditation of Marriage is not conclufive Evidence, fo as to ftop the Counfel for the Crown from proving the Marriage in an Indidment for Polygamy. But Secondly, Admitting fuch Sentence to be conclufive upon fuch Indidment, the Counfel for the Crown may be admitted'to avoid the Effed of fuch Sentence, by proving the fame to have been obtained by Fraud or Collufion. v Die Sahbatiy 20° Apr His 1776. ORDERED by the'Lords Spiritual and Temporal in Parliament aflembled. That the Lord Chief Juftice of the Court of Common Pleas be, and he is hereby defired to, favour this Floufe with a Copy of his Argument upon the Queftions propofed to the Judges by this Houfe Yefterday. Die Dtmce., 22® Apr His 1776. ORDERED by the Lords Spiritual and Temporal in Parliamet aCfembled, That the following Queftion be put to the Judges, viz. Whether a Peerefs convided by her Peers of a Clergyable Felony is by Law intitled to the Benefit of the Statutes, fo as to excufe her from Capital Puniftiment, without being burnt in the Hand, or being liable to any Im- prifonment ^ 6 Whereupon,