Volume 1

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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    Hiflory of Pleas of the Crown, Page 323, fays, that “ anciently Princes and States “ converted to Chriftianity granted the Clergy Exemptions of Places confecrated to Religious “ Duties from Arrefts for Crimes, which was the Original of Sandluaries; and Second* “ Exemptions of their Perfons from Criminal Proceedings in fome Cafes capital before “ fecular Judges, which was the true Original of this Privilegium Clericale. The Clergy “ increafing in Wealth, Power, Honour, Number, and Interefl claimed as a Right what “ they at firft obtained by the Favour of Princes and States, and by degrees extended “ thefe Exemptions to all that had any Kind of fubordinate Miniftration relative to the “ Church.” Thefe Exemptions never rofe to fo great an Heighth in this Kingdom as in other Places ; and therefore the Clergy were not exempted here from Civil Suits, nor was this Privilegium Clericale allowed in the loweft Crimes not Capital, nor wherein they were not to lofe Life or Limb, nor in High Treafon touching the King himfelf, or his Royal Majefty : But by 25 E. III. c. 4, de Clero, in all other Felonies the Ordinary might demand the Prifoner as a Clerk, or the Priloner himfelf might demand the Benefit of the Clergy. The Canon Law gave the Privilege only to Men in Holy Orders: Our Law, in Favour to Learning and the Defire of the Englijh Bifhops, extended to Lay Clerks, i. e. any Layman, that by reafon of his Ability to read was in a Poffibility of being made a Prieft. C. J. Preby, State Trials, Vol. V. 171. The Means of trying, whether he was intitled to it, was by Reading : If he could read, he was delivered to the Ordinary, that is, the Bifhop, or the Perfon who had ordinary Jurifdidtion there; but the Ordinary was fo much the Minifler of the Temporal Courts, and fo fubordinate to them, that if the Ordinary refufed to let the Prifoner read, the Temporal Court could controul, and order a Book to be delivered to him ; and if the Ordinary faid he could read when he could not, or vice vcrfd, that he could not read when in Reality he could, the Temporal Courts gave Judgment according to the Truth of the Cafe ; and thofe Courts likewife directed, whether the Prifoner fhould be delivered to the Ordinary with Purgation, or without Purgation : In the laft Cafe they were to be kept in the Ordinary’s Prilon for Life. If delivered with Purgation, then the Ordinary tried him for the Fact, whereof he was accufed, by a Jury of Twelve Clerks ; and if he was acquitted, as was generally the Cafe, he was difcharged out of Prifon. Purgation was the Convidl’s clearing himfelf of the Crime by his own Oath, and the Oaths or Verdidt of an Inqueft of Twelve Clerks as Compurgators. The Proceeding was before the Ordinary; and old Books fpeak of their making Proclamation for Perfons to come in againft his Purgation, and of their enquiring into his Life, Converfation, and Fame, and of other Formalities; in all which, feveral Statutes fay, there were great Abufes. The Statute 4 H. VII. c. 13, reciting that “ uponTruft of the Privilege of the Church “ divers Perfons have been the more bold to commit Murder, Rape, Robbery, Theft, and 44 all other mifehievous Deeds, becaufe they have been continually admitted to the Benefit “ of the Clergy, as oft as they offended It enadts, that “ every Perfon not being 44 within Orders, which hath once been admitted to the Benefit of his Clergy, being again “ arraigned of any fuch Offence, be not admitted to have the Benefit or Privilege of the “ Clergy ; and that every Perfon fo convidted for Murder (which was then a Clergyable “ Offence) fhould be marked with an M on the Brawn of the left Thumb; and if he be “ for any other Felony, to be marked with a T in the fame Place of the Thumb ; and 44 thole Marks to be made by the Gaoler openly in the Court before the Judge, before that 44 fuch Perfon be delivered to the Ordinary.” This Statute prevented Laymen having their Clergy more than once; and the Branding anfwered the Purpofe of difeovering, whether they had the Benefit of their Clergy before, though it was neceffary to prove it by other Means, to prevent their having Clergy a Second Time. The 1 E. VI. c. 12, will come next to be confidered ; which, after repealing feveral new-created Treafons and Felonies, and taking away Clergy in feveral other Felonies, in Sec. 14, enadts, that 44 in all and every Cafe, where any of the King’s Majefty’s Subjects 44 fhall and may, upon his Prayer, have the Privilege of Clergy as a Clerk Convidt that “ may make Purgation; in all thefe Cafes and every of them, and alfo in all and every 44 Cafe and Cafes of Felony, wherein the Privilege and Benefit of Clergy is retrained, 44 excepted, or taken away by this Statute (wilful Murder and poifoning of Malice prepenfed ‘‘•only excepted) the Lord and Lords of the Parliament, and Peer and Peers of the Realm, 44 having Place and Voice in Parliament, fhall by virtue of this prefent Adt, of Common 44 Grace, upon his or their Requeft or Prayer, alledging that he is a Lord or Peer of 44 this Realm, and claiming the Benefit of this Adi, though he cannot read, without any Y y 44 Burning