1776. The MONTHLY CHRONOLOGER. avail nothing in the manner. it was now ur ged, Mr. Wallace infifted that plea was a bar to the profecution, and defired leave to read the fentence, Mr. Attorney general obferved, that what Mr. Wallace now defired contained two propofitions, that is, whether the fentence ought at all to be read; or, if permitted to be read, whether it was a good plea in bar of the indictment; and added, that the whole proceedings, from the beginning, previous to the fentence, whether allegation, anfwer, replication, and rejoinder, ought to be fubmitted to their Lordships. The remainder of the day being principally employed in learned arguments, for and against the plea, their Lordships adjourned at half paft fix o'clock. On the 16th at half an hour paft nine o'clock, the Duchefs of Kingston was again put to the bar, when the Attorney general and the Solicitor general spoke on the part of the profecution, and answered the arguments of the council for the Duchefs, the preceding day, in fupport of the plea in bar of the indi&ment. ། Mr. Dunning fpoke on the fame fide; he contended that the plea in bar could not be received, unless the Duchefs chofe to reft her caufe on it. Dr. Harris, on behalf of the profecution, was heard in fupport of it; his arguments were chiefly directed in anfwer to thofe made ufe of by the civilians on the other fide. At half after four o'clock the Lord High Steward called upon Mr. Wallace, counfel on the part of the Duchefs of Kingston, to make his reply. Mr. Wallace obferved, that feveral cafes had been urged on the other fide, and many new lights thrown on the fubject, and that to do juftice to his client it would be neceffary to confider of them. The Duchefs being at this time taken very ill, and feveral of the lords abfent, a mo. tion was made and carried to adjourn till the 19th. 64 As foon as the Peers had taken their feats, on the 19th, and the counfel for the Duchefs of Kingston had finished their reply to the Attorney and Solicitor General's arguments, Lord Camden arofe, and put two queftions to the Judges, Whether a fentence of the fpiritual court against a marriage in the fuit of jactitation of marriage, is conclufive evidence, fo as to stop the Crown from proving the faid marriage in an indictment for polygamy?""Whether, admitting fuch fentence to be conclufive upon fuch indictment, the Crown may be admitted to avoid the ef fect of fuch fentence, by proving the fame to have been obtained by fraud or collufion?" The Lord High Steward then put the queftions to the judges, and the chief justice of the court of common pleas delivered the 219 opinion of the rest of his brethren. He, in the name of himself and his brother judges, answered the firft queftion in the negative, the laft in the affirmative; the Lord High Steward acquainted the prifoner, that "it was their Lordships opinion that the counfel for the Crown fhould proceed." Mr. Attorney then opened the indictment, and ftated the leading facts, and the circumftances which he was inftructed would be proved against the Duchefs. Those were chiefly relative to her marriage with Mr, Hervey, and of their having lived fome time together privately as man and wife, and that the had a child and other particulars. He then entered into a detail of the proceedings of the ecclefiaftical court. Mr. Solicitor now got up to examine the evidence, of which the following is the subftance. Anne Craddock. I have known the lady at the bar ever fince 1742, when the came down upon a vifit to Mr. Merrill's at Langfton in Hants, at Winchester races; I lived with Mrs. Hanmer, Mifs Chudleigh's aunt, who was then at Mr. Merrill's; Mr. Hervey faw Mifs C for the first time there at that time, when they fell in love with each other; they were privately married one evening, about eleven o'clock, in Langston Church, in the prefence of me, Mr. Mountney, Mrs. Hanmer, and the reverend Mr. Amus, the Rector, who performed the ceremony. I was fent out of the church to get Mr. Merrill's fervants out of the way. I saw the young couple put to bed together that night: Mrs. Hanmer made them get up again; they went to bed together the next night: a few days after, Mr. Hervey was obliged to fet off for Portsmouth to go to fea, a lieutenant in Sir John Danvers's fleet I was to call him at five o'clock in the morning; when I went into the bed room, I found them fast adeep; fo I thought a pity to disturb them, for an hour or fo. My husband, whom I married after, went with Mr. Hervey as his fervant. When Mr. Hervey returned from the Mediterranean, they lived together: I thought he began to look big fome months after he went to fea again: I then heard he was brought to-bed; fhe told me herself fhe had a little boy at nurfe, and he was very like Mr. Hervey, &c. Upon her cross examination, respecting her receiving any promife of reward, if the profecutor fucceeded in this trial, and whether he had not lome expectations, fhe did not give a direct answer. Duke of G. Did you ever fee the child that the lady at the bar spoke to you about? - "Never."-What was the reason that you did not go at the fame time the spoke to you about it?" She said she would take me in a few days, and in the mean time I faw her much grieved, when he told me the child was dead."You fay the marriage Ff 2. was 220 The MONTHLY CHRONOLOGER. Earl of B. My lords, the evidence has repeatedly avoided giving a direct answer to a particular question of the counfel; I muft therefore beg leave to put it, Good woman, I ask you, in the face of this affembly, and before that God, by whofe holy name you have folemnly fworn to tell the truth, did you, or did you not, ever fay, that you expected an advantage from the iffue of this trial? After fome hefitation, "I did not." Lord H. Did you never receive a letter from any perfon, giving you any affurance of reward in confequence of your appearance against the lady at the bar?—“ I did.”— From whom did you receive it?" From a Mr. F-, of Piccadilly:-What promife was made you in that letter?"A finecure place." Was there nothing elfe in the letter? "Yes, he faid I might fhew it to Mr. Hervey, if I would ;" [There fome "other queftions were then asked touching the matter, which the witnefs feemed unwilling to anfwer.] On the 20th Anne Craddock, who had been examined the preceding day, was again called to the bar, when part of her evidence was to fome purport as that given by her on Friday. She was further afked whether fhe had contracted for an annuity from the Duchefs; and whether it was ever propofed to her to retire into the country, and to take no notice of the marriage with Mr. Hervey;" fhe replied, that the prifoner was to pay her 20 guineas a year, and that he had a choice of the three counties of Derbyshire, Yorkhire, and Northumberland to refide in. That the actually fet out for the country, but for particular reafons did not proceed further than Sowerby, and that he never received any part of the annuity, but had fubfifted of late on what he had faved in fervice, and on a legacy of 200l. left her by Mrs. Hanmer, aunt to the prifoner." Cæfar Hawkins, Eq; and Lord Barring ton were afterwards examined, and after them Mrs. Philips, who gave a very circumftantial account of the prifoner's coming down to the King's Head in Eaftgate-Street, Winchefter, fome years ago, when the fent for her, and afked if Mr. Merritt would make a register of her marriage, that the (the witnefs) went to Mr. Merritt with the prifoner, and that a register was made in her prefence, in a book prepared for that purpofe. The counfel for the Crown produced the register, which was read by the clerk, and which stated, that "on the 4th of Auguft, 1744, the Honourable Auguftus John Hervey was married to the Honourable Mifs Elizabeth Chudleigh." Another witness produced the register-book of St. George's Hanover-fquare, from which April the clerk read the register of the marriage (on the 8th of March 1769,) of the late duke of Kingston with the prifoner, who was there described as a spinster. The Rev. Mr. Harper, who married them, was alfo fworn and confirmed the register. On the 22d as foon as the court met, the ford high fteward defired Mr. attorney-general to proceed in the examination of witneffes in behalf of the profecution.—Mr. attorney informed his Grace that the evidence on his fide was clofed. And the prisoner was called on to make her defence. The Duchefs read, in a very audible voice, and with the utmoft compofure, her defence to the court; fhe ftated the facts alledged against her; the invalidated thofe facts by arguments of the ftrongeft nature. If the had been culpable, whom had fhe to blame for that culpability? The crime charged in the indictment was an offence against the law. Care had been taken throughout the whole of the procefs in the ecclefiaftical court, that no offence fhould be committed against the law. Had the Duchefs not conceived that an ecclefiaftical fentence in a jactitation cause, was equivalent to a divorce, as to all purposes of a fecond marriage, the never would have intermarried with the duke of Kingfton. Her Grace had endeavoured to obtain the best advice on the subject. beft advice fhe could obtain authorized her marriage. Thus fanctioned in the commiffion of a deed, could that be conftrued into a crime which the ecclefiaftical court had authorized? If fuch was indeed the cafe, the Duchefs had only to lament, that she had been guided by falfe lights hung out to allure the ignorant into the paths of deception. The The Duchefs was fo exceedingly affected whilft fhe delivered feveral parts of this fpeech, that he was feized with hyftericks, and in that condition was carried out of court. After an interval, her Grace recovered and re-entered the court. Three witneffes were then called in behalf of the Duchefs; the evidence of two of them tended to invalidate that of Mrs. Craddock given on Friday and Saturday laft; and the third went to prove that Dr. Collier took in the bufinefs, as to his opinion relative to the validity of the fentence of the ecclefiaftical court, &c. The high fteward then put this question to each of the lords: "Is it your lordship's opinion that the prifoner at the bar is guilty or not guilty of the felony wherewith the is charged?" to which all answered, guilty, upon their honours, except the duke of Newcastle, who faid, "erroneously, but not intendedly, guilty upon my honour." Then his Grace informed the prifoner, that all her peers had found her guilty but one, who had declared that he was guilty erroneously, but not intendedly, and defired to know if he had any thing to offer why judgement 1776. The MONTHLY CHRONOLOGER: judgment should not now be paffed against her. No answer being given, his Grace proceeded to state the law, and obferved that the crime, though exceedingly heinous, on account of her rank, brought no corporal punishment after it: that the had been found guilty of felony, which till the reign of William III, was a capital crime. He faid, though the punishment annexed to the offence was but trifling, he made no doubt but she would be fully punished by the inward conviction of her own confcience. The offence, however, being felony, he defired to know in what manner fhe meant to avail herself of the construction of the law, which allowed the benefit of clergy to perfons ftanding in her fituation. A paper was then delivered in by the prifoner, which being handed up to the table, was read by the clerk, claiming the benefit of the statutes in such cases made and provided, for granting benefit of clergy in certain inftances. The lord high fteward addreffed the prifoner in nearly the following words:"Madam, you are admitted to your clergy in the form and manner which you have claimed. I am now therefore to tell you, that if you should ever be guilty of a fimilar offence, or of any crime amounting to felony, that no fuch claim can be again allowed, but that you will thereby incur a capital punishment. I am further to inform you, that by the favour and lenity which the law has allowed to perfons of your rank and condition, that you are difcharged on paying your fees, and are no longer a prifoner." Notice being then given that the lord high fteward's commiffion was at an end, he rofe, and broke his white ftaff; and proclamation was made, ordering every perfon to depart, and repair quietly home in God's peace and the King's peace. The counsel for the Profecutor were, the Attorney and Solicitor General, Dr. Harris, Serjeant Walker, Mr. Maddock, Mr. Danning, and Mr. Hargrave; Mr. Roger Altham, as proctor; Mr. Woodcock, Mr. Barnard, folicitors; Auguftine Greenland and John Chetham, attornies for the profecutor; Mr. Miller, fhort-hand writer." The counfel for the Duchefs of Kingston were Dr. Calvert, Dr. Wynne, Mr. Wallace, Mr. Mantfield, Serjeant Davy, Mr. Cox, Mr. Leigh, Mr. Buller, and Mr. Hardinge; Mr. Bishop, as proctor; Mr. Feild, folicitor; Meff. Gurney and Cawthorne, fhort-hand writers on behalf of her Grace. 221 Street, and produced a letter of recommendation, which the said he had from his wife's mother, who lives at Colchester, defiring that her daughter would admit the girl into her house till she got a place, and board her; that the bearer was very honeft, had plenty of money, and would pay for what she had. Upon which he was taken into the house, and a fervice was foon got for her.The above tradefman's wife has a brother, mafter of a veffel belonging to Colchefter, and the girl pretended that he had left all her cloaths and money to be brought up in his veffel, and therefore begged the loan of two guineas, a filk gown and petticoat, to make an appearance in, which requeft was complied with, and the tradefman went and faw the girl fafe into her fervice, but he was no fooner gone than fhe took her bundle and made off. Since which the tradesman has miffed filver spoons, rings, and linen to a great value. His wife's brother came to town foon after in pursuit of the young woman, fhe having defrauded his mother and others of Colchefter by fimilar false pre tences. THURSDAY II. On the 5th of February laft the fhip Polly, Thomas Bragg, from Barbadoes to Liver pool, loaded with fugar, rum, &c. was wrecked on the island of Barra, in Scotland, having 15 perfons on board, including passengers, who had been for nine days put to an allowance of three ounces of raw falt beef, and a little oatmeal for 24 hours, and must have all inevitably perished, had it not been for the activity of the laird of Barra, the Rev. Mr. Edmund M'Queen, the Rev. Mr. John M'Donald, and the Highlanders of the ifland, who at the risk of their lives, brought 13 of them out of the fea. The other two paffengers, Dr. Archibald M'Lauchlan, bora near Glasgow, and Mr. John Forbes, an attorney, born in London, were drowned. Colin M'Donald, efq; fent the captain and people in his own floop to Liverpool. SATURDAY 20. Advice is faid to be received from Jamaica that eight men of war and frigates are failed from the Havarna; but to what part is not known; they were followed by a floop of war belonging to Admiral Gayton's Squadron, that was cruizing off that port upwards of three days, when the crews of the two frigates boarded the floop, and unfhipped her rudder, to prevent her reconnoitring their courfe, in which fituation they left her; the at length with much difficulty, after being toffed about feveral weeks at fea, by which the officers and men experienced great hardfhips, arrived at Port Royal. TUESDAY 23. The ship Williams, Capt. Wheatley, from Jamaica, is arrived at Briftol, and brings an account that the latter end of February, nine fail of Spanish men of war of the line, and 222 The MONTHLY CHRONOLOGER. five frigates with a great number of foldiers on board, arrived at Cape Francois, where they landed their men; that this news has much alarmed the inhabitants of Jamaica, who expect a vifit from them; and that neceffary preparations are making to give them a proper reception. WEDNESDAY 24. Yesterday upwards of 300 letters from Jamaica, which had been brought over by the Williams, Capt. Wheatley, were delivered out at the general post-office, feveral of which confirm the above accounts, and add that the people in Jamaica are much alarmed at the Spaniards. Some imagine, however, they are only relieving their garrifons, which they generally do once in three years. FRIDAY 26. Yesterday morning about fix o'clock, her majefty was taken with labour pains, notice of which was immediatly fent to the archbishop of Canterbury, the fecretaries of ftate, and feveral of the nobility; and at feven o'clock her majefty was fafely delivered of a princefs, notice of which was given to the publick, by firing off the Tower guns, &c. April ficient gold coin of our realm as fhall be fo tendered to them, fo as the deficiency of every piece thereof doth not exceed the rates fpecified in the table hereafter following, vizs dwts. grs. Guineas coined prior to the. Half guineas, during the *} 6 2 14 7 And we do, in like manner, ftrictly require and command the governor and company of the Bank of England, who have confented, and are hereby authorised and appointed, to receive and exchange the deficient gold coin, and fuch other persons as fhall be appointed for that purpofe as afore faid, that between the faid 1ft of May next, and the faid 19th of Auguft next, they do receive fuch of the faid deficient gold coin of our realm as fhall be tendered to them by any perfon or perfons whom foever, (except by the collectors and receivers of our taxes and revenues not refident within our cities of London and Westminster,) fo as the deficiency of every piece thereof doth not exceed Extra from the Proclamation relative to the the rate fpecified in the table last mentioned; 66 Gold Coin. and that they give, in exchange for the fame, other coin allowed from henceforth to país WE do by this out the fire place, in payment, and be current quarter guineas, tion, think fit, in to declare and command, that from and after the ift of May next,no guineas, half guineas, or quarter guineas, more deficient in weight than the rates specified in the table follow ing; viz. dwts, grs. Guineas coined prior to the } 5 Ift of January, 1772, Half gumeas, during the 2 fame period, Quarter guineas, during the } fame period, 2 8 16 I 8 be allowed to be current, or to pass in any payment whatfoever, in Great Britain, except in payments to be made at the receipt of our exchequer, or to the collectors or receivers of our revenues in Great Britain, or to the governor and company of the bank of England, or to fuch other perfon or perfons as fhall be appointed by the lords commishioners of our treasury, or any three of them, to receive and exchange the fame, fuch appointment to be published in the London Gazette. And we do ftrictly require and command the tellers of our exchequer, and all the collectors and receivers of our taxes and revenues within our faid kingdom of Great Britain, from the faid 1ft of May next, to the 19th of Auguft next, inclufive, to take and receive, in payment and discharge of our revenues and taxes, fuch of the faid de HE Reverend Samuel Nicholl, M. A. of Baliol College, Oxford, to Mifs Shewell, of the Qld Change, London.-7. At Plymouth, Governor Blacket, of that garrison, to Mifs Brownjchn.-20. The Right Honourable Mifs Stanhope, the fourth daughter of the Earl and Countess of Harrington, to the Honourable Thomas Foley, Efq;-22. Robert Lee Doughty, Efq; of Hanworth, in Norfolk, to Mifs Powys, fifter to Thomas Powys, Efq; one of the Knights of the Shire for the county of Northampton.-April 7. Gore Townsend, Efq; of Honington-Hall, in Warwickshire, to the Honourable Lady Elizabeth Wind for, fifter to the Earl of Plymouth.-12. Captain George Handfield, to Mifs Smyth, only daughter of Sir William Smyth, of Hill-Hall, Effex, Bart.18. John Prestwich, Efq; only fon of Sir Elias Preftwich, of Holm-Hall, in the county of Lancaster, to Mifs Margaret Hall, eldest daughter of the late Alderman Hall, of Dublin.-22. Colonel Morgan, of the Guards, to the Right Honourable Lady Frances Sherard, only daughter of the late Earl of Harborough,-24, Paul Cobb Me thuen, 1776.' The MONTHLY CHRONOLOGER. thuen, Efq; fon of Paul Methuen, Efq; of March 1. Делтиз. T Kinfale, in Ireland, the Rt. Lord Baron of Kinfale.-4. Lady Curzon, relict of Sir Nathaniel Curzon, of Kedleston in Derbyshire.-5. The Reverend Dr. John Hoadley, Chancellor of the diocefe of Winchester.-6. Lady Margaret Stanley, fourth daughter of the late Earl and Countess of Derby.-10. Sir William Mannock, Bart. of Gifford's-Hall, Suffolk. He is fucceeded in title by his uncle, now Sir Francis Mannock, Bar.-12. Aged 20, Mr. Plumbe, only fon of Mr. Alderman Plumbe, of this city.-15. At his House at Richmond, Henry St. George Darell Trelawney, Efq;-17. Lady Pole, widow of Sir John Pole, and wife, of George Clavering, Efq;-18. The Honourable Mrs. Barrett, mother of Michael Barrett, Efq; of Park-Street, Weftminster.-20. The Right Honourable Lady Jane Brydges, Lady of James Brydges, Efq; of Charles-Street, Berkeley Square.-April 4. Dr. Robert James, the inventor of the celebrated fever powder.-8. Wenman Coke, Efq; Member for Norfolk.-11. Lady Margaret Trevannion, relict of Sir Harry Trevannion, and daughter of the late Sir Rowland Wath, Bart. of Nova Scotia, AMERICAN AFFAIRS. From the LONDON GAZETTE. ters, Capt. Smith, mafter, is arrived in 28 days from New York, with dispatches from governor Tryon, inclofing the follow ing account, published by order of the continental Congrefs, of an attempt made early in the morning of the 31st of December by the rebel army, under the command of General Montgomery, to take the town of Quebec by ftorm, in which attempt they were defeated, and General Montgomery, and a number of officers and about 60 private men, killed, and about 300 taken pri. foners. "Philadelphia, Jan. 25, 1776. "The laft letters from Canada bring an account of an unsuccessful attempt made to gain poffeffion of Quebec by ftorm on the 31ft of December laft, between the hours of two and seven in the morning. The General, finding his cannon too light to effect a breach, and that the enemy would not hearken to terms of capitulation, formed a defign of carrying the town by el calade. In this he was encouraged by the 223 extenfiveness of the works, and the weaknefs of the garrifon. When every thing was prepared, while he was waiting the opportunity of a fnow ftorm to carry his design into execution, several men deserted to the enemy. His plan at first was to have attacked depending principally for fuccefs against the the upper and lower town at the fame time, motions of the enemy, that they were apupper town: but difcovering, from the prifed of his defign, he altered his plan, and having divided his little army into four detachments, ordered two feints to be made against the upper town, one by colonel Liagainst St. John's Gate, the other by Capvingston, at the head of the Canadians, tain Brown, at the head of a small detachment, against Cape Diamond, reserving to himself and colonel Arnold the two principal attacks against the lower town. attack, the General, at the head of the New Five o'clock, the hour appointed for the York troops, advanced against the lower take a circuit, the fignal for the attack was town at Aunce de Mere. Being obliged to given, and the garrifon alarmed before he reached the place; however, preffing on, he paffed the firft barrier, and was just opening to attempt the fecond, when by the nately killed, together with his Aid de firft fire from the enemy he was unfortuCamp, Captain John M'Pherson, captain Cheeseman, and two or three more. This fo difpirited the men, that Colonel Campbell, on whom the command devolved, found himself under the difagreeable neceffity of drawing them off. In the mean while Colonel Arnold, at the head of about 350 of those brave troops (who with unparalleled fatigue had penetrated Canada under his command) and Capt. Lamb's company of Artillery, had paffed through battery without being difcovered. This he attacked, and, though it was well defended for about an hour, carried it with the loss of a number of men. In this attack Colonel Arnold had the misfortune to have his leg splintered by a fhot, and was obliged to be carried to the hofpital. After gaining the battery, his detachment paffed on to a fecond barrier, which they took poffeffion of. By this time the enemy, relieved from the other attacks, by our troops being drawn off, directed their whole force against this detachment, and the party fallying out from Palace Gate, attacked them in the rear. Thefe brave men fustained the force of the whole garrifon for three hours; but finding themselves hemmed in, and no hopes of relief, they were obliged to yield to numbers, and the advantageous fituation the garrifon had over them. No regular return is yet come to hand, but by the advices received, we learn, that our lofs in killed and wounded amounts to about |