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1776.

The MONTHLY CHRONOLOGER. 219 avail nothing in the manne it was now ur. opinion of the rest of his brethren, He, in ged.

the name of himself and his brother judges, Mr, Wallace inbfted that plea was a bar answered the firft question in the negative, to the prosecution, and dehred leave to read the last in the affirmative; the Lord High the sentence,

Steward acquainted the prisoner, that it Mr. Attorney general obferved, that what was their Lordships opinion that the counsel Mr. Wallace now desired contained two pro- for the Crown Mould proceed.” pofitions, that is, whether the sentence ought Ms. Attorney then opened the indi&tment, at all to be read; or, if permitted to be and stated the leading facts, and the circumread, whether it was a good plea in bar of the Atances which he was instructed would be indictment; and added, that the whole pro- proved againft the Duchess. Those were. ceedings, from the beginning, previous to, chiefly relative to her marriage with Me, the sentence, whether allegation, answer, Hervey, and of their having lived some time replication, and rejoinder, ought to be subo together privately as man and wife, and that mitted to their Lordships.

De had a child and other particulars. He The remainder of the day being princi. then entered into a detail of the proceedings pally employed in learned arguments, for and of the ecclefiaftical court. against the plea, their Lordhips adjourned at Mr. Solicitor now got up to examine the hialf past fix o'clock.

evidence, of which the following is the subs On the 16th at half an hour past nine Atance, o'clock, the Duchess of Kingston was again Anne Craddock. I have known the lady put to the bar, when the Attorney general at the bar ever since 1742, when he came and the Solicitor general spoke on the part of down upon a visit to Mr. Merrill's at Langthe prosecution, and answered the arguments fton in Hants, at Winchester races; I lived of the council for the Duchess, the preced with Mrs. Hanmer, Miss Chudleigh's aunt, ing day, in support of the plea in bar of the who was then at Mr. Merrill's; Mr. Hervey indi&ment.

saw Miss for the first time there at Mr. Dunning spoke on the same fide ; he that time, when they fell in love with each contended that the plea in bar could not be other; they were privately married one evenreceived, unless the Duchess chose to rest ber ing, about eleven o'clock, in Langston cause on it.

Church, in the presence of me, Mr. Mount. Dr. Harris, on behalf of the prosecution, 'ney, Mrs. Hanmer, and the reverend Mr. was heard in support of it ; his arguments Amus, the Rector, who performed the cewere chiefly directed in answer to those made remony. I was sent out of the church to use of by the civilians on the other side. get Mr. Merrill's servants out of the way..

At half after four o'clock the Lord High I saw the young couple put to bed together Steward called upon Mr. Wallace, counsel that night : Mrs. Hanmer made them get on the part of the Duchess of Kingston, to up again; they went to bed together the make his reply.

next night: a few days after, Mr. Hervey Mr. Wallace observed, that several cases was obliged to set off for Portsmouth to go to had been urged on the other side, and many sea, a lieutenant in Sir John Danvers's ncy lights thrown on the subject, and that fleei : I was to call him at five o'clock in to do justice to his client it would be neces- the morning ; when I went into the bed Sary to consider of them.

room, I found them falt a cep ; so I thought The Duchess being at this time taken very a pity to difturb chem, for an hour or so. My ill, and several of the lords absent, a mo. husband, whom I married after, went with tion was made and carried to adjourn till the Mr. Hervey aś his servant. When Mr. 19th.

Hervey returned from the Mediterranean, As soon as the Peers had taken their seats, they lived together : I thought the began to on the 19th, and the counsel for the Duchess look big I some months after he went to sea of Kingiton had finished their reply to she again : I then heard she was brought to-bed ; Attorney and Solicitor General's arguments, the told me herself the had a little boy at Lord Camden arose, and put two guentions to nurse, and he was very like Mr. Hervey, &c. the judges, “ Whether a sentence of the spis Upon her cross examination, respecting ritual court against a marriage in the suit of her receiving any promise of reward, if the jactitation of marriage, is conclusive evi- prosecutor succeeded in this trial, and whedence, so as to top the Crown from proving ther Me had not lome expectations, she did the said marriage in an indi&tment for poly- not give a direct answer. gamy?" " Whether, admitting fuch'sen Duke of G. Did you ever see the child tence to be conclusive upon such indictment, that the lady at the bar spoke to you about ? the Crown may be admitted to avoid the ef? “ Never.”—What was the reason that fea of such sentence, by proving the same you did not go at the same time the spoke to to have been obtained by fraud or collusion?” you about it?" She said he would take me

The Lord High Steward then put the in a few days, and in the mean time I saw questions to the judges, and the chief justice her much grieved, when she told me the of the court of common pleas delivered the child was dead."... You say the marriage

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was performed at night! were there any the clerk read the register of the marriage lights in the church? -« Yes, Mr. Mount. (on the 8th of March 1769,) of the late ney had a wax light in the crown of his duke of Kingston with the prisoner, who hat.”

was there described as a spinster. · Earl of B. My lords, the evidence has re- The Rev. Mr. Harper, who married them, peatedly avoided giving a direct answer to a was also sworn and confirmed the register, particular question of the counsel; I must On the 22d as soon as the court met, the therefore beg leave to put it. Good woman, ford high steward defired Mr, attorney-geI ask you, in the face of this allembly, and neral to proceed in the examination of wit. before that God, by whose holy name you nesses in behalf of the prosecution.-Mr. have folemnly sworn to tell the truth, did attorney informed his Grace that the evidence you, or did you not, ever say, that you ex- on his fide was closed. And the prisoner pe&ted an advantage from the issue of this was called on to make her defence. trial? After some hesitation, “ I did not." The Duchess read, in a very audible voice,

Lord H. Did you never receive a letter and with the utmost composure, her defence from any person, giving you any assurance to the court; the stated ihe facts alledged of reward in consequence of your appearance against her; the invalidated those facts by against the lady at the bar ? -"I did.”- arguments of the strongeft nature. If the From whom did you receive it!-" From a had been culpable, whom had fhe to blame Mr, F-, of Piccadilly:- What promise was for that culpability? The crime charged in made you in that letter -- A finecore the indictment was an offence against the place." Was there nothing else in the letter law. Care had been taken throughout the -“ Yes, he said I might thew it to Mr. whole of the process in the ecclefiaftical Hervey, if I would ;” [There some other court, that no offence should be committed questions were then asked touching the mat- against the law. Had the Duchess not con. ter, which the witness seemed unwilling to ceived that an ecclefiaftical sentence in a answer.]

ja&itation cause, was equivalent to a divorce, On the 20th Anne Craddock, 'who had as to all purposes of a second marriage, the been examined the preceding day, was again never would have intermarried with the duke called to the bar, when part of her evidence of Kingston. Her Grace had endeavoured to was to some purport as that given by her on obtain the best advice on the subject. The Friday. She was further asked on whether best advice the could obtain authorized her she had contracted for an annuity from the marriage. Thus sanctioned in the commifDuchess ; and whether it was ever proposed fion of a deed, could that be construed into a to her to retire into the country, and to take crime which the ecclefiaftical court had auno notice of the marriage with Mr. Hervey;" thorized ? If such was indeed the case, the she replied, that the prisoner was to pay her Duchess had only to lament, that she had 20 guineas a year, and that she had a choice been guided by false lights hung out to allure of the three counties of Derbyshire, York. the ignorant into the paths of deception. hire, and Northumberland to reside in. The Duchess was so exceedingly affected That she actually set out for the country, whilst the delivered several parts of this but for particular reasons did not proceed speech, that she was seized with hystericks, further than Sowerby, and that she never and in that condition was carried out of received any part of the annuity, but had court. After an interval, her Grace reSubared of late on what the had saved in covered and re-entered the court. service, and on a legacy of 2001. left her by *Three witnesses were then called 'n beMis. Hanmer, aunt to the prisoner." half of the Duchess; the evidence of two

Cælar Hawkins, Eig; and Lord Barring- of them tended to invalidate that of Mrs. ton were aftertvards examined, and after Craddock given on Friday and Saturday last; them Mrs. Philips, who gave a very circury, and the third went to prove that Dr. Collier ftantial account of the prisoner's coming cook in the business, as to his opinion reladown to the King's Head in Eastgate-Street, tive to the validity of the sentence of the Winchester, som jears ago, when the sent ecclefiaftical court, &c. for her, and asked if Mr. Merritt would The high teward then put this question make a register of her marriage, that me to each of the lords: “Is it your lordship's fine witner) went to Nir. Merriţt with the opinion that the prisoner at the bar is guilty prisoner, and that a register was made in her or not guilty of the felony wherewith the presence, in a book prepared for that pur. is charged ?” to which all answered, guilty, pole. The counsel for the Crown produced upon their honours, except the duke of the register, which was read by the clerk, Neweafle, who said, “erroneously, but not and which fared, that " on the 4th of Au- intendedly, guilty upon my honour." gust, 1744, the Honourable Auguftus John Then his Grace informed the prisoner, that Hervey was married to the Honourable Miss all ber peers had found her guilty but one; Elizabcth Chudleigh."

who had declared that she was guilty erroAnother witness produced the register-book neously, but not intendedly, and desired of St. George's Hanover-square, from which to know if the had any thing to offer why

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1776. The MONTHLY CHRONOLOGER: judgment should not now be passed against Street, and produced a letter of recommendaher. No answer being given, his Grace pro- tion, which the said he had from his wife's ceeded to state the law, and observed that mother, who lives at Colchester, defiring the crime, though exceedingly heinous, on that her daughter would admit the girl into account of her rank, brought no corporal her house till the got a place, and board her ; punishment after it: that she had been found that the bearer was very honest, had plenty guilty of felony, which till the reign of of money, and would pay for what she had. William III, was a capital crime. He said, Upon which she was taken into the house, though the punishment annexed to the of- and a service was soon got for her.The above fence was but trilling, he made no doubt tradesman's wife has a brother, master of a bat she would be fully punished by the in- vessel belonging to Colchefter, and the girl ward conviction of her own conscience. The pretended that she had left all her cloaths offence, however, being felony, he defired and money to be brought up in his vetiel, to know in what manner the meant to avail and therefore begged the loan of two guineas, herself of the construction of the law, which a filk gown and petticoat, to make an apallowed the benefit of clergy to persons pearance in, which request was complied standing in her fituarion.

with, and the tradesman went and saw the A paper was then delivered in by the pri- girl safe into her service, but he was no foner, which being handed up to the table, sooner gone than the took her bundie and was read by the clerk, claiming the benefit made off. Since which the tradesman has of the statutes in such cases made and pro- missed filver spoons, rings, and linen to a vided, for granting benefit of clergy in cer- great value. His wife's brother canie to tain inftances.

town soon after in pursuit of the young woThe lord high steward addressed the prin man, she having defrauded his mother and foner in nearly the following words: others of Colchester by fimilar false pre“ Madam, you are admitted to your clergy tences. in the form and manner which you have

THURSDAY 11. claimed. I am now therefore to tell you, On the 5th of February last the ship Polly, that if you should ever be guilty of a similar Thomas Bragg, from Barbadoes to Liver. offence, or of any crime amounting to pool, loaded with sugar, rum, &c. was wreckfelony, that no such claim can be again al- ed on the island of Barra, in Scotland, having lowed, but that you will thereby incur a 15 persons on board, including passengers, capital punishment. I am further to in- who had been for nine days put to an alform you, that by the favour and lenity lowance of three ounces of raw salt beef, which the law has allowed to persons of your and a little oatmeal for 24 hours, and must rank and condition, that you are discharged have all inevitably perished, had it not been on paying your fees, and are no longer a for the activity of the laird of Barra, the prisoner.'

Rev. Mr. Edmund M'Queen, the Rev. Mr. Notice being then given that the lord high John M’Donald, and the Highlanders of the feward's commission was at an end, he role, ifand, who at the risk of their lives, brought and broke his while staff; and proclamation 13 of them out of the sea. The other two was made, ordering every person to depart, paflingers, Dr. Archibald M'Lauchlan, bora and repair quietly home in God's peace and near Glasgow, and Mr. John Forbes, an atthe King's peace,

torney, born in London, were drowned. The counsel for the Prosecutor were, the Colin M'Donald, esq; fent the captain and Attorney and Solicitor General, Dr. Harris, people in his own noap to Liverpool. Serjeant Walker, Mr. Maddock, Mr. Dun.

SATURDAY 20. ning, and Mr. Hargrive ; Mr. Roger Al- Advice is said to be received from Jamaica tham, as proctor; Mr. Woodcock, Mr. that eight men of war and frigates are sailed Barnard, folicitors; Auguftine Greenland from the Havar

. na ; but to what part is not and John Chetham, attornies for the pro. known; they were followed by a loop of secutor; Mr. Miller, short-hand writer. war belonging to Admiral Gayton's Squadron,

The counsel for the Duchess of Kingston that was cruizing off that port upwards of were Dr. Calvert, Dr. Wynne, Mr. Wallace, three days, when the crews of the two fri. Mr. Manfield, Serjeant Davy, Mr. Cox, Mr. gates boarded the noop, and unfhipped her Leigh, Mr. Buller, and Mr. Hardinge; Mi. Tudder, to prevent her reconnoitring their Bith p, as proctor; Mr. Feild, solicitor; course, in which situation they left her; the Meit. Gurney and Cawihorne, short-hand at length with much dificulty, after being wrirers on behalf of her Grace.

toffed about several weeks at least

, by which

the officers and men experienced great hardLONDON.

thips, arrived at Port Royal.

TUESDAY 23:
THURSDAY, APRIL 4.

The ship Williams, Capi. Wheatley, from A

Few days ago 'a young woman who Jamaica, is arrived at Bristol, and brings an

came to town in a hoy from Colchester, account that the latter end of February, nine called at a tradelatan's house in Cuilun- bail of Spanish men of war of the line, and

dwts. grs.

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gens, &c.

five frigates with a great number of soldiers ficient gold coin of our realm as shall be fo on board, arrived at Cape Francois, where i cendered to them, so as the deficiency of they landed their men; that this news has every piece thereof doth not exceed the rates much alarmed the inhabitants of Jamaica, specificd in the table hereafter following, viz: who expect a visit from them; and that necessary preparations are making to give Guineas coined prior to the. them a proper reception.

first of January, one thou

6 WEDNESDAY 24.

5

Sand leven hundred and
Yesterday upwards of 300 letters from seventy-two,
Jamaica, which had been brought over by Half guineas, during the
the Williams, Capt. Wheatley, were de- fame period,

s

14 livered out at the general poft-office, several of which confirm the above accounts, and add same period,

7 that the people in Jamaica are much alarm- And we do, in like manner, ftri&ly reed at the Spaniards. Some imagine, how- quire and command the governor and comever, they are only relieving their garrisons, pany of the Bank of England, who have which they generally do once in three years. contented, and are hereby authorised and apFRIDAY 26.

pointed, to receive and exchange the de. Yesterday morning about fix o'clock, her ficient gold coin, and such other persons as majefty was taken with labour pains, notice thall be appointed for that purpose as afore. of which was immediatly sent to the arch- faid, that between the said ift of May next, bishop of Canterbury, the secretaries of and the said sgth of August next, they do state, and several of the nobility ; and at receive such of the said deficient gold coin seven o'clock her majesty was safely delivered of our realm as shall be tendered to them by of a princess, notice of which was given any person or persons whomsoever, (excepe to the publick, by firing off the Tower by the collectors and receivers of our taxes

and revenues not refident within our cities of London and Westminster,) so as the defi.

ciency of every piece thereof doth not exceed Exeral from the Proclamation relative to the the rate specified in the table laft mentioned; Goid Coin.

and that they give, in exchange for the same, E do by this our royal proclama- in payment, and be current; (that is to lay)

other coin allowed from henceforth to país W to declare and command, that from and after guincas, half guineas, and quarter guineas, the ift of May next,no guineas, half guineas, fied in the table first mentioned.

not more deficient in weight than is specie or quarter guineas, more deficient in weight than the rates specified in the table follow ing; viz.

MARRIAGES.

March THE Reverend Samuel Nicholl, Guineas coined prior to the ?

4.

M. A. of Baliol College, Ox: 8

5 Int of January, 1772,

ford, to Miss Showell, of the Old Change, Hali guincas, during the

London.--. At Plymouth, Governor

16 same period,

3

Blacket, of that garrison, to Miss Brown. Quarter Series, during the 8

jchn.-20. The Right Honourable Mira

Stanhope, the fourth daughter of the Earl be allowed to be current, or to pass in any and Counters of Harrington, to the Honourpayment whatsoever, in Great Britain, cx- able Thomas Foley, Elq;~22. Robert Lee cept in payments to be made at the receipt of Doughty, Elg; of Hanworth, in Norfolk, obr exchequer, or to the collectors or re- 10 Miss Powys, Gifter to Thomas Powys, ceivers of our revenues in Great Britain, or Efq; one of the Knights of the Shire for to the governor and company of the bank of the county of Northampton.- April 7. England, or to such other person or persons Gore Townsend, Esq; of Honington-Hall, as shall be appointed by the lords come in Warwickshire, to the Honourable Lady miffioners of our treasury, or any three of Elizabeth Windsor, filler to the Earl of Plyenem, to receive and exchange the Same, mouih.-12. Captain George Handfield, to fuch appointment to be published in the Miss Smych, only daughter of Sir Wils London Gazette.

liam Smyth, of Hill. Hall, Efex, Bart. And we do ftri&tly require and command 18. John Prestwich, Efq; only son of Sir the tellers of our exchequer, and all the col. Elias Prefwich, of Holm-Hall, in the lectors and receivers of our taxes and reve- county of Lancaster, to Miss Margaret nues within our said kingdom of Great Hall, eldest daughter of the late Alderman Britain, from the said ift of May next, tu Hall, of Dublin.-22. Colonel Morgan, of the 19th of Augut next, inclusive, to take the Guards, to the Right Honourable Lady and receive, in payment and discharge of our Frances Sherard, only daughter of the liste revenues and taxes, such of the laid de- Earl of Harborough. 24, Paul Cobb Me:

thuen,

dwis, grs.

TH

2

1776. Tke MONTHLY CHRONOLOGER.

223 chuen, Efq; fon of Paul Methuen, Esq; of calade. In this he was encouraged by the Corsham House, in Wiltfhire, to Miss extensiveness of the works, and the weakGooch, daughter of Sir Thomas Gooch, ness of the garrison. When every thing Bart. of Benacre-Hall, in Suffolk,

was prepared, while he was waiting the op

portunity of a snow storm to carry his design DEATHS.

into execution, several men deserted to the March A Honourable" John De Courcy

, depending principally. For fuccess againt the T Kinfale, in Ireland, the Rt. enemy. His plan at first was to have attacked

Lord Baron of Kinsale.-4. Lady Curzon, reli&t of Sir Nathaniel Curzon, of motions of the enemy, that they were apo

upper towa: but discovering, from the Kedlefton in Derbyfire.-s. The Reverend prifed of his design, he altered his plan, and Dr. John Hoadley, Chancellor of the

dior having divided his little army into four decele of Winchester.–6. Lady Margaret tachments, ordered two feints to be made Stanley, fourth daughter of the late Earl againft the upper town, one by colonel Liand Countess of Derby.-10. Sir William Mannock, Bart. of Gifford's-Hall, Suffolk. against St. John's Gate, the other by Cap

vingston, at the head of the Canadians, He is succeeded in title by his uncle, now

tain Brown, at the head of a small detachSir Francis Mannock, Bar.-12. Aged 20,

meat, against Cape Diamond, reserving to Ms. Plumbe, only son of Mr. Alderman himself and colonel Arnold the two princiPlumber of this city.-15. At bis House at pal attacks against the

lower town. Richmond, Henry St. George Darell Tre

Five o'clock, the hour appointed for the lawney, Esq;-17. Lady Pole, widow of attack, the General, at the head of the New Sir John Pole, and wife of George Claver.

York troops, advanced against the lower ing, Esq;-18. The Honourable Mrs. Bar.

town at Aunce de Mere. Being obliged to relt, mother of Michael Barrett, Erq; of take a circuit, the signal for the attack was Park-Street, Weftminster.-20. The Right given, and the garrison alarmed before be Honourable Lady Jane Brydges, Lady of reached the place; however, presling on, James Brydges, Érq; of Charles-Strect, he passed the first barrier, and was just Berkeley Square.-- April 4. Dr. Robert James , the inventor of the celebrated fever opening to attempt the second, when by the

firft fire from the enemy he was unfortupowder.-8. Wenman Coke, Esq; Memo nately killed, together with his Aid de ber for Norfolk.-11. Lady Margaret Tre- Camp, Captain John M'Pherson, captain vannion, reliet of Sir Harry Trevannion, Cheefóman, and two or three more. This and daughter of the late Sir Rowland Wath, so dispirited the men, that Colonel CampBart. of Nova Scotia,

bell, on whom the command devolved, found himself under the disagreeable necessity of

drawing them off, AMERICAN AFFAIRS. In the mean while Colonel Arnold, at

the head of about 350 of those brave troops From the LONDON GAZETTE, (who with unparalleled fatigue had penetrated Whiteball, Marcb 9.

Canada under his command) and Capt. Lamb's

company of Artillery, had passed through A ,

Transport brig, named the Three Siso St.Roques, and approached near a two-gun in 28 days from New York, with dispatches attacked, and, though it was well defended from governor Tryon, inclofing the follow. for about an hour, carried it with the loss of ing account, published by order of the con- a number of men. In this attack Colonel tinental Congress, of an attempt made early Arnold had the misfortune to have his leg in the morning of the 318 of December by splintered by a shot, and was obliged to be the rebel army, under the command of Géo carried to the hospital. After gaining the neral Montgomery, to take the town of battery, his detachment passed on to a second Quebec by storm, in whịch attempt they barrier, which they took poffeffion of. By were defeated, and General Montgomery, this time the enemy, relieved from the other and a number of officers and about 60 prie attacks, by our troops being drawn off, divate men, killed, and about 300 taken pris rected their whole force against this detachSoners.'

ment, and the party fallying out from Palace " Pbiladelpbia, Jan. 25, 1776. Gate, attacked them in the rear. « The last letters from Canada bring an There brave men fattained the force of account of an unsuccessful attempt made to the whole garrison for three hours ; but gain possession of Quebec by storm on the finding themselves hemmed in, and no hopes just of December laft, between the hours of relief, they were obliged to yield to numof two and seven in the morning.

bers, and the advantageous situation the garThe General, finding his cannon too rison had over them. light to effe&t a breach, and that the enemy No regular return is yet come to hand, would not hearken to terms of capitulation, but by the advices received, we learn, that formed a design of carrying the town by ela our loss in killed and wounded amounts to

about

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