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II. — THE DUCHESS OF KINGSTON
ОглавлениеELIZABETH CHUDLEIGH, Countess of Bristol and Duchess of Kingston, who was tried for bigamy in Westminster Hall by the Peers in 1776, was, it can hardly be doubted, the original from whom Thackeray drew his detailed portrait of Beatrix Esmond, both as young Trix and as the old Baroness Bernstein; nor can one doubt that what he knew of his prototype was taken from that scandalous little book, "An Authentic Detail of Particulars relative to the late Duchess of Kingston," published by G. Kearsley in 1788. Thackeray not only reproduced some of the incidents of her life, but more especially caught the features of her character.
Poor Trix! Who does not remember her coming down the great staircase at Walcote, candle in hand, in her red stockings and with a new cherry ribbon round her neck, her eyes like blue stars, her brown hair curling about her head, and not feel a lingering liking for the little coquette, trying to catch my Lord Mohun, and the Duke of Hamilton, and many another, and missing all? and for the naughty old baroness, with her scandalous stories, her tainted past, her love of cards, her complete unscrupulousness, and yet with one soft corner in the withered heart for the young Virginians?
The famous, or infamous, Duchess has had hard measure dealt out to her, which she in part deserved; but some of the stories told of her are certainly not true, and one circumstance in her life, if true, goes far to palliate her naughtiness. Unfortunately, almost all we know of her is taken from unfriendly sources. The only really impartial source of information is the "Trial," published by order of the Peers, but that covers only one portion of her life, and one set of incidents.
Elizabeth Chudleigh was the daughter of Colonel Thomas Chudleigh, of Chelsea, and his wife Henrietta, who was his first cousin, the fourth daughter of Hugh Chudleigh, of Chalmington, in Dorset. Thomas was the only brother of Sir George Chudleigh, fourth baronet of Asheton, in Devon. As Sir George left only daughters, Thomas, the brother of Elizabeth, whose baptism in 1718 is recorded in the Chelsea registers, succeeded as fifth baronet in 1738. Unfortunately the Chelsea registers do not give the baptism of Elizabeth, and we are not able to state her precise age, about which there is some difference. Her father had a post in Chelsea College, but apparently she was not born there. There can, however, be little doubt that she saw the light for the first time in 1726, and not in 1720, as is generally asserted.
Her family was one of great antiquity in the county of Devon, and was connected by marriage with the first families of the west of England. The old seat, Asheton, lies in a pleasant coombe under the ridge of Haldon; some remains of the old mansion, and venerable trees of the park, linger on; and in the picturesque parish church, perched on a rock in the valley, are many family monuments and heraldic blazonings of the Chudleigh lions, gules on an ermine field. Elizabeth lost her father very early, and the widow was left on a poor pension to support and advance the prospects of her two children. Though narrowed in fortune, Mrs. Chudleigh had good connections, and she availed herself of these to push her way in the world. At the age of sixteen—that is, in 1743—Elizabeth was given the appointment of maid of honour to the Princess of Wales, through the favour of Mr. Pulteney, afterwards Earl of Bath, who had met her one day while out shooting. The old beau was taken with the vivacity, intelligence and beauty of the girl. She was then not only remarkable for her beauty, delicacy of complexion, and sparkling eyes, but also for the brilliancy of her wit and the liveliness of her humour. Even her rival, the Marquise de la Touche, of whom more hereafter, bears testimony to her charms. Pulteney, himself a witty, pungent, and convivial man, was delighted with the cleverness of the lovely girl, and amused himself with drawing it out. In after years, when she was asked the secret of her sparkling repartee, she replied, "I always aim to be short, clear, and surprising."
The Princess of Wales, Augusta, daughter of Frederick of Saxe-Gotha, who with the Prince, Frederick Lewis, had their court at Leicester House, became greatly attached to her young maid of honour. The beautiful Miss Chudleigh was speedily surrounded by admirers, among whom was James, sixth Duke of Hamilton, born in 1724, and therefore two years her senior.
According to the "Authentic Detail," the Duke obtained from her a solemn engagement that, on his return from a tour on the Continent which he was about to take, she would become his wife. Then he departed, having arranged for a mutual correspondence.
In the summer of 1744 she went on a visit to Lainston, near Winchester, to her maternal aunt, Anne Hanmer, who was then living at the house of Mr. Merrill, the son of another aunt, Susanna, who was dead.
To understand the relationship of the parties, a look will suffice at the following pedigree.[4]
[4] In Col. Vivian's "Visitations of the County of Devon," the pedigree is not so complete. He was unaware who the wife of Thos. Chudleigh was, and he had not seen the will of the duchess.
Mrs. Hanmer, a widow, kept house for her nephew, who was squire. At the Winchester races, to which she went with a party, Elizabeth met Lieutenant Hervey, second son of the late John, Lord Hervey, and grandson of the Earl of Bristol. Lieutenant Hervey, who was in the Cornwall, then lying at Portsmouth, a vessel in Sir John Danver's squadron, was born in 1724, and was therefore two years the senior of Elizabeth; indeed, at the time he was only just twenty. He was fascinated by the beautiful girl, and was invited by Mrs. Hanmer to Lainston. "To this gentleman," says the "Authentic Detail," "Mrs. Hanmer became so exceedingly partial that she favoured his views on her niece, and engaged her efforts to effect, if possible, a matrimonial connexion. There were two difficulties which would have been insurmountable if not opposed by the fertile genius of a female: Miss Chudleigh disliked Captain Hervey, and she was betrothed to the Duke of Hamilton. To render this last nugatory, the letters of his Grace were intercepted by Mrs. Hanmer, and his supposed silence giving offence to her niece, she worked so successfully on her pride as to induce her to abandon all thoughts of the lover, whose passion she had cherished with delight."
Is this story true? It seems incredible that Mrs. Hanmer should have urged her niece to throw over such a splendid prospect of family advancement as that offered by marriage with the Duke of Hamilton, for the sake of an impecunious young sailor who was without the means of supporting his wife, and who, at that time, had not the faintest expectation of succeeding to the Earldom of Bristol.
It is allowable to hope that the story of the engagement to the Duke of Hamilton, broken through the intrigues of the aunt, is true, as it forms some excuse for the after conduct of Elizabeth Chudleigh.
It is more probable that the Duke of Hamilton had not said anything to Elizabeth, and did not write to her, at all events not till later. She may have entertained a liking for him, but not receiving any token that the liking was reciprocated, she allowed her aunt to engage and marry her to young Hervey. That the poor girl had no fancy for the young man is abundantly clear. The Attorney General, in the trial, said that Mrs. Hanmer urged on the match "as advantageous to her niece;" but advantageous it certainly was not, and gave no prospect of being.
In August, Augustus John Hervey got leave from his ship and came to Lainston. The house, which had belonged to the Dawleys, had passed into the possession of the Merrills. In the grounds stands the parish church, but as the only house in the parish is the mansion, it came to be regarded very much as the private chapel of the manor house. The living went with Sparsholt. There was no parsonage attached, and though the Dawleys had their children baptized in Lainston, they were registered in the book of Sparsholt. The church is now an ivy-covered ruin, and the mansion is much reduced in size from what it was in the time when it belonged to the Merrills.
"Lainston is a small parish, the value of the living being £15 a year; Mr. Merrill's the only house in it, and the parish church at the end of his garden. On the 4th August, 1744, Mr. Amis, the then rector, was appointed to be at the church, alone, late at night. At eleven o'clock Mr. Hervey and Miss Chudleigh went out, as if to walk in the garden, followed by Mrs. Hanmer, her servant—Anne Craddock, Mr. Merrill, and Mr. Mountenay, which last carried a taper to read the service by. They found Mr. Amis in the church, according to his appointment, and there the service was celebrated, Mr. Mountenay holding the taper in his hat. The ceremony being performed, Mrs. Hanmer's maid was despatched to see that the coast was clear, and they returned into the house without being observed by any of the servants."
This is the account of the wedding given at the trial by the Attorney General, from the evidence of Anne Craddock, then the sole surviving witness.
There was no signing of registers, Mr. Amis was left to make the proper entry in the Sparsholt book—and he forgot to do this. The happiness of the newly-married couple lasted but a few days—two, or at the outside, three; and then Lieutenant Hervey left to rejoin his vessel, and in November sailed for the West Indies. The "Authentic Detail" declares that a violent quarrel broke out immediately on marriage between the young people, and that Elizabeth declared her aversion, and vowed never to associate with him again.
So little was the marriage to her present advantage that Elizabeth was unable to proclaim it, and thereby forfeit her situation as maid of honour to the Princess, with its pay and perquisites. Consequently, by her aunt's advice, she kept it concealed.
"Miss Chudleigh, now Mrs. Hervey,—a maid in appearance, a wife in disguise,—seemed from those who judge from externals only, to be in an enviable situation. Of the higher circles she was the attractive centre, of gayer life the invigorating spirit. Her royal mistress not only smiled on, but actually approved her. A few friendships she cemented, and conquests she made in such abundance that, like Cæsar in a triumph, she had a train of captives at her heels. Her husband, quieted for a time, grew obstreperous as she became more the object of admiration. He felt his right, and was determined to assert it. She endeavoured by letter to negotiate him into peace, but her efforts succeeded not. He demanded a private interview, and, enforcing his demands by threats of exposure in case of refusal, she complied through compulsion."
The Duke of Hamilton returned from the grand tour, and he at once sought Elizabeth to know why his letters had not been answered. Then the fraud that had been practised on her was discovered, and the Duke laid his coronet at her feet. She was unable to accept the offer, and unable also to explain the reasons of her refusal. Rage at having been duped, disappointment at having lost the strawberry leaves, embittered Elizabeth, and stifled the germs of good principle in her.
This is the generally received story. It is that given by the author, or authoress, of the "Authentic Detail," usually well informed. But, as we have seen, it is hardly possible to suppose that Mrs. Hanmer can have suppressed the Duke's letters. No doubt she was a fool, and a woman, when a fool, is of abnormal folly, yet she never loses sight of her own interest; and it was not Mrs. Hanmer's interest to spoil the chances of her niece with the Duke.
After the Duke of Hamilton had been refused, and his visits to her house in Conduit Street prohibited, the Duke of Ancaster, Lord Howe, and other nobles made offers, and experienced a fate similar to that of his Grace of Hamilton. This astonished the fashionable world, and Mrs. Chudleigh, her mother, who was a stranger to the private marriage of her daughter, reprehended her folly with warmth.[5] To be freed from her embarrassments, Elizabeth resolved to travel. She embarked for the Continent, and visited Dresden, where she became an attached friend of the Electress of Saxony.
[5] Mrs. Chudleigh died in 1756, and her will mentions her daughter by her maiden name.
On her return to England she was subjected to annoyance from her husband. She could not forgive him the deception practised on her, though he was probably innocent of connivance in it.
"Captain Hervey, like a perturbed spirit, was eternally crossing the path trodden by his wife. Was she in the rooms at Bath? he was sure to be there. At a rout, ridotto, or ball, there was this fell destroyer of peace, embittering every pleasure and blighting the fruit of happiness by the pestilential malignity of his presence. As a proof of his disposition to annoy, he menaced his wife with an intimation that he would disclose the marriage to the Princess of Wales. In this Miss Chudleigh anticipated him by being the first relater of the circumstance. Her royal mistress heard and pitied her. She continued her patronage to the hour of her death."
In 1749, Elizabeth attended a masquerade ball in the dress, or rather undress, of the character of Iphigenia. In a letter of Mrs. Montague to her sister, she says, "Miss Chudleigh's dress, or rather undress, was remarkable, she was Iphigenia for the sacrifice, but so naked, the high priest might easily inspect the entrails of the victim. The Maids of Honour (not of maids the strictest) were so offended they would not speak to her." Horace Walpole says, "Miss Chudleigh was Iphigenia, but so naked that you would have taken her for Andromeda." It was of her that the witty remark was then first made that she resembled Eve in that she was "naked and not ashamed." On May 17th Walpole writes: "I told you we were to have another masquerade; there was one by the King's command for Miss Chudleigh, the Maid of Honour, with whom our gracious monarch has a mind to believe himself in love, so much in love, that at one of the booths he gave her a fairing for her watch, which cost him five-and-thirty guineas, actually disbursed out of his privy purse, and not charged on the civil list. I hope some future Holinshed or Speed will acquaint posterity that five-and-thirty guineas were an immense sum in those days."
In December 1750, George II. gave the situation of Housekeeper at Windsor to Mrs. Chudleigh, Elizabeth's mother. Walpole says, "Two days ago, the gallant Orondates (the King) strode up to Miss Chudleigh, and told her he was glad to have the opportunity of obeying her commands, that he appointed her mother Housekeeper at Windsor, and hoped she would not think a kiss too great a reward—against all precedent he kissed her in the circle. He has had a hankering these two years. Her life, which is now of thirty years' standing, has been a little historic. Why should not experience and a charming face on her side, and near seventy years on his, produce a title?"
In 1760 she gave a soirée on the Prince's birthday, which Horace Walpole describes: "Poor thing," he writes, "I fear she has thrown away above a quarter's salary!"
The Duke of Kingston saw and was captivated by Elizabeth. Evelyn Pierrepoint, Duke of Kingston, Marquis of Dorchester, Earl of Kingston, and Viscount Newark, was born in 1711. Horace Walpole says of him that he was "a very weak man, of the greatest beauty and finest person in England."
He had been to Paris along with Lord Scarborough, taking with him an entire horse as a present to the Duke of Bourbon, and was unable to do this without a special Act of Parliament to authorise him. The Duke of Bourbon, in return for the compliment, placed his palace at Paris, and his château of Chantilly at the disposal of the visitor.
The Duke was handsome, young, wealthy and unmarried. A strong set was made at him by the young ladies of the French court; but of all the women he there met, none attracted his attentions and engaged his heart but the Marquise de la Touche, a lady who had been married for ten years and was the mother of three children. He finally persuaded her to elope with him to England, where, however, he grew cold towards her, and when he fell under the fascinations of Elizabeth Chudleigh he dismissed her. The Marquise returned to France, and was reconciled to her husband; there in 1786 she published her version of the story, and gave a history of her rival, whom naturally she paints in the blackest colours.
Now follows an incident which is stated in the English accounts of the life of Elizabeth Chudleigh; but of which there is no mention in the trial, and which is of more than doubtful truth.
She had become desperate, resolved at all hazard to break the miserable tie that bound her to Captain Hervey. She made a sudden descent on Lainston—so runs the tale—visited the parsonage, and whilst Mr. Amis was kept in conversation with one of her attendants, she tore out the leaf of the register book that contained the entry of her marriage.
This story cannot possibly be true. As already said, Lainston has no parsonage, and never had. Lainston goes with Sparsholt, half-a-mile off. But Mr. Amis never held Sparsholt, but acted as curate there for a while in 1756 and 1757. Lainston had no original register. What Elizabeth did was probably to convince herself that through inadvertence, her marriage had not been registered in the parish book of Sparsholt.
In 1751 died John, Earl of Bristol, and was succeeded by his grandson, George William, who was unmarried. He was in delicate health; at one time seriously ill, and it was thought he would die. In that case Augustus John, Elizabeth's husband, would succeed to the Earldom of Bristol. She saw now that it was to her interest to establish her marriage. She accordingly took means to do so.
She went at once to Winchester and sent for the wife of Mr. Amis, who had married her. She told Mrs. Amis that she wanted the register of her marriage to be made out. Mr. Amis then lay on his death-bed, but, nevertheless, she went to the rectory to obtain of him what she desired. What ensued shall be told in the words of Mrs. Amis at the trial.
"I went up to Mr. Amis and told him her request. Then Mr. Merrill and the lady consulted together whom to send for, and they desired me to send for Mr. Spearing, the attorney. I did send for him, and during the time the messenger was gone the lady concealed herself in a closet; she said she did not care that Mr. Spearing should know that she was there. When Mr. Spearing came, Mr. Merrill produced a sheet of stamped paper that he brought to make the register upon. Mr. Spearing said it would not do; it must be a book, and that the lady must be at the making of it. Then I went to the closet and told the lady. Then the lady came to Mr. Spearing, and Mr. Spearing told the lady a sheet of stamped paper would not do, it must be a book. Then the lady desired Mr. Spearing to go and buy one. Mr. Spearing went and bought one, and when brought, the register was made. Then Mr. Amis delivered it to the lady; the lady thanked him, and said it might be an hundred thousand pounds in her way. Before Mr. Merrill and the lady left my house the lady sealed up the register and gave it to me, and desired I would take care of it until Mr. Amis's death, and then deliver it to Mr. Merrill."
The entries made thus were those:
"2 August, Mrs. Susanna Merrill, relict of John Merrill, Esq. buried.
"4 August, 1744, married the Honourable Augustus Hervey, Esq., in the parish Church of Lainston, to Miss Elizabeth Chudleigh, daughter of Col. Thomas Chudleigh, late of Chelsea College, by me, Thos. Amis."
Unfortunately this register book was taken up to Westminster at the trial of the Duchess and was never returned. Application was made to Elbrow Woodcock, solicitor in the trial, for the return of the book, by the then rector and patron of the living, but in vain; and in December, 1777, a new register book was purchased for the parish.
The Earl recovered, and did not die till some years later, in 1775, when Augustus John did succeed to the earldom.
In 1751, the Prince of Wales died, and this necessitated a rearrangement of the household of the Princess. Elizabeth was reappointed maid of honour to her, still in her maiden name. Soon after—that is, in 1752—the Duke of Hamilton married the beautiful Miss Gunning.
In 1760 the king was dead. "Charles Townshend, receiving an account of the impression the king's death had made," writes Walpole, "was told Miss Chudleigh cried. 'What,' said he, 'oysters?'" "There is no keeping off age," he writes in 1767, "as Miss Chudleigh does, by sticking roses and sweet peas in one's hair."
Before this, in 1765, the Duke of Kingston's affection for her seeming to wane, Elizabeth, who was getting fat as well as old, started for Carlsbad to drink the waters. "She has no more wanted the Carlsbad waters than you did," wrote Lord Chesterfield. "Is it to show the Duke of Kingston he can not live without her? A dangerous experiment, which may possibly convince him that he can. There is a trick, no doubt, in it, but what, I neither know nor care." "Is the fair, or, at least, the fat Miss Chudleigh with you still? It must be confessed she knows the arts of courts to be so received at Dresden and so connived at in Leicester Fields."
At last the bonds of a marriage in which he was never allowed even to speak with his wife became intolerable to Captain Hervey; and some negotiations were entered into between them, whereby it was agreed that she should institute a suit in the Consistory Court of the Bishop of London for the jactitation of the marriage, and that he should not produce evidence to establish it. The case came on in the Michaelmas term, 1768, and was in form, proceedings to restrain the Hon. Augustus John Hervey from asserting that Elizabeth Chudleigh was his wife, "to the great danger of his soul's health, no small prejudice to the said Hon. Elizabeth Chudleigh, and pernicious example of others."
There was a counter-suit of Captain Hervey against her, in which he asserted that in 1743 or 1744, being then a minor of the age of seventeen or eighteen, he had contracted himself in marriage to Elizabeth Chudleigh, and she to him; and that they had been married in the house of Mr. Merrill, on August 9, 1744, at eleven o'clock at night, by the Rev. Thomas Amis, since deceased, and in the presence of Mrs. Hanmer and Mr. Mountenay, both also deceased.
As will be seen, the counter-libel was incorrectly drawn. The marriage had not taken place in the house, but in the church; Mr. Hervey was aged twenty, not seventeen or eighteen; and Anne Craddock, the sole surviving witness of the ceremony, was not mentioned. The register of the marriage was not produced,[6] and no serious attempt was made to establish it. Accordingly, on February 10, 1769, sentence was given, declaring the marriage form gone through in 1744 to have been null and void, and to restrain Mr. Hervey from asserting his claim to be husband to Miss Elizabeth Chudleigh, and condemning him in costs to the sum of one hundred pounds.
[6] Mr. John Merrill died February 1767, and his burial was entered in it. Mr. Bathurst, who had married his daughter, found the register book in the hall, and handed it over to the rector, Mr. Kinchin. Nevertheless it was not produced at the hearing of the case for jactitation in the Consistory Court.
As the Attorney-General said at her subsequent trial, "a grosser artifice, I believe, than this suit was never fabricated."
On March 8, 1769, the Duke of Kingston married Elizabeth Chudleigh by special licence from the Archbishop, the minister who performed it being the Rev. Samuel Harper, of the British Museum, and the Church, St. Margaret's, Westminster. The Prince and Princess of Wales wore favours on the occasion.
No attempt was made during the lifetime of the Duke to dispute the legality of the marriage. Neither he nor Elizabeth had the least doubt that the former marriage had been legally dissolved. It was, no doubt, the case that Captain Hervey made no real attempt to prove his marriage, he was as impatient of the bond as was she. It can hardly be doubted that the sentence of the Ecclesiastical Court was just. Captain Hervey was a minor at the time, and the poor girl had been deluded into marrying him by her wretched aunt. Advantage had been taken of her—a mere girl—by the woman who was her natural guardian in the absence of her mother. Such a marriage would at once be annulled in the Court of the Church of Rome; it would be annulled in a modern English divorce court.
The fortune of the Duke was not entailed; his Grace had, therefore, the option to bequeath it as seemed best to his inclination. His nearest of kin were his nephews, Evelyn and Charles Meadows, sons of Lady Francis Pierrepont; Charles was in 1806 created Earl Manners; he had previously changed his name to Pierrepont, and been created Baron Pierrepont and Viscount Newark in 1796.
The Duke was and remained warmly attached to the Duchess. She made him happy. She had plenty of conversation, had her mind stored with gossip, and though old, oldened gracefully and pleasantly. Her bitter enemy—an old servant and confidant, who furnished the materials for the "Authentic Detail," says, "Contrarily gifted and disposed, they were frequently on discordant terms, but she had a strong hold on his mind."
On September 23, 1773, the Duke died. The Duchess had anticipated his death. He had already made his will, bequeathing to her the entire income of his estates during her life, subject to the proviso that she remained in a state of widowhood. This did not at all please the Duchess, and directly she saw that her husband was dying she sent for a solicitor, a Mr. Field, to draw up a new will, omitting the obnoxious proviso; she was only by two years on the right side of fifty, and might marry again. When Mr. Field was introduced to the Duke, he saw that the dying man was not in a mental condition capable of executing a will, and he refused to have anything to do with an attempt to extort his signature from him. The Duchess was very angry; but the refusal of Mr. Field was most fortunate for her, as, had the will proposed been executed, it would most indubitably have been set aside.
As soon as the Duke was dead the dowager Duchess determined to enjoy life. She had a pleasure yacht built, placed in command of it an officer who had served in the navy, fitted it up with every luxury, sailed for Italy, and visited Rome, where the Pope and the cardinals received her with great courtesy. Indeed, she was given up one of the palaces of the cardinals for her residence. Whilst she was amusing herself in Italy something happened in England that was destined to materially spoil her happiness. Anne Craddock was still alive, the sole witness of her marriage that survived. She was in bad circumstances, and applied to Mr. Field for pecuniary relief. He refused it, but the Duchess sent to offer her twenty guineas per annum. This Anne Craddock refused, and gave intimation to Mr. Evelyn Meadows that she had information of importance which she could divulge.
When Mr. Meadows heard what Anne Craddock had to say, he set the machinery of the law in motion to obtain the prosecution of the Duchess, in the hopes of convicting her of bigamy, and then of upsetting the will of the late Duke in her favour. A bill of indictment for bigamy was preferred against her; the bill was found, Mr. Field had notice of the procedure, and the Duchess was advised to return instantly to England and appear to the indictment, to prevent an outlawry.
At this time—that is, in 1775—the Earl of Bristol died without issue, and Augustus John, her first husband, succeeded to the title.
The anxieties of the Duchess were not confined to the probable issue of the trial. Samuel Foote, the comedian, took a despicable advantage of her situation to attempt to extort money from her. He wrote a farce, entitled "A Trip to Calais," in which he introduced her Grace under the sobriquet of Lady Kitty Crocodile, and stuffed the piece with particulars relative to the private history of the Duchess, which he had obtained from Miss Penrose, a young lady who had been about her person for many years. When the piece was finished, he contrived to have it communicated to her Grace that the Haymarket Theatre would open with the entertainment in which she was held up to ridicule and scorn. She was alarmed, and sent for Foote. He attended with the piece in his pocket. She desired him to read a part of it. He obeyed; and had not read far before she could no longer control herself, but, starting up in a rage, exclaimed, "This is scandalous, Mr. Foote! Why, what a wretch you have made me!" After a few turns round the room, she composed herself to inquire on what terms he would suppress the play. Foote had the effrontery to demand two thousand pounds. She offered him fourteen, then sixteen hundred pounds; but he, grasping at too much, lost all. She consulted the Duke of Newcastle, and the Lord Chamberlain was apprised of the circumstances, and his interference solicited. He sent for the manuscript copy of the "Trip to Calais," perused, and censured it. In the event of its publication she threatened to prosecute Foote for libel. Public opinion ranged itself on the side of the Duchess, and Dr. Schomberg only expressed its opinion when he said that "Foote deserved to be run through the body for such an attempt. It was more ignoble than the conduct of a highwayman."
On April 17, 1776, the trial of the Duchess came on in Westminster Hall, and lasted five days. The principal object argued was the admission, or not, of a sentence of the Spiritual Court, in a suit for jactitation of marriage, in an indictment for polygamy. As the judges decided against the admission of such a sentence in bar to evidence, the fact of the two marriages was most clearly proved, and a conviction of course followed. The Duchess was tried by the Peers, a hundred and nineteen of whom sat and passed judgment upon her, all declaring "Guilty, upon mine honour," except the Duke of Newcastle, who pronounced "Guilty, erroneously; but not intentionally, upon mine honour."
No sooner did the Duchess see that her cause was lost than she determined to escape out of England. The penalty for bigamy was death, but she could escape this sentence by claiming the benefits of the statute 3 and 4 William and Mary, which left her in a condition to be burnt in the hand, or imprisoned; but she claimed the benefit of the peerage, and the Lord Chief Baron, having conferred with the rest of the judges, delivered their unanimous opinion that she ought "to be immediately discharged." However, her prosecutors prepared a writ "ne exeat regno," to obtain her arrest and the deprivation of her personal property. To escape this she fled to Dover, where her yacht was in waiting, and crossed to Calais, whilst amusing the public and her prosecutors by issuing invitations to a dinner at Kingston House, and causing her carriage to appear in the most fashionable quarters of the town. Mr. Meadows had carried his first point; she could no longer call herself Dowager Duchess of Kingston in England, but she was reinstated in her position of wife to Augustus John Hervey, and was therefore now Countess of Bristol. Mr. Meadows next proceeded to attack the will of the late Duke, but in this attempt he utterly failed. The will was confirmed, and Elizabeth, Countess of Bristol, was acknowledged as lawfully possessed of life interest in the property of the Duke so long as she remained unmarried. Mr. Meadows was completely ruined, and his sole gain was to keep the unhappy woman an exile from England.
Abroad the Countess was still received as Duchess of Kingston. She lived in considerable state, and visited Italy, Russia, and France. Her visit to St. Petersburg was splendid, and to ensure a favourable reception by the Empress Catharine she sent her a present of some of the valuable paintings by old masters from Kingston House. When in Russia she purchased an estate near the capital, to which she gave the name of Chudleigh, and which cost her 25,000l.[7] The Empress also gave her a property on the Neva. She had a corvette built of mahogany which was to be a present to the Empress, but the vessel stranded on the coast of Ingermanland. Eight of the cannons out of her are now at Chudleigh, almost the only things there that recall the Duchess. She gave magnificent entertainments; at one of these, to which the Empress was invited, a hundred and forty of her own servants attended in the Kingston livery of black turned up with red and silver.
[7] This place still bears the name. It is on the main road through Livland and Esthonia to St. Petersburg; about twenty miles from Narwa. It also goes by the name of Fockenhof. The present mansion is more modern, and belongs to the family of Von Wilcken.
On her return from Russia she bought an estate at Montmartre, which cost her 9,000l., and another that belonged to one of the French royal princes at Saint Assise, which cost her 55,000l. The château was so large that three hundred beds could be made up in it.
She was getting on in years, but did not lose her energy, her vivacity, and her selfishness. Once in Rome, the story goes, she had been invited to visit some tombs that were famous. She replied with a touch of real feeling: "Ce n'est pas la peine de chercher des tombeaux, on en porte assez dans son coeur."
The account of her death shall be given in the words of the author of "Authentic Detail."
"She was at dinner, when her servants received intelligence of a sentence respecting the house near Paris having been awarded against her. She flew into a violent passion, and, in the agitation of her mind and body, burst an internal blood-vessel. Even this she appeared to have surmounted, until a few days afterwards, on the morning of the 26th August (1788), when about to rise from her bed, a servant who had long been with her endeavoured at dissuasion. The Duchess addressed her thus: 'I am not very well, but I will rise. At your peril disobey me; I will get up and walk about the room. Ring for the secretary to assist me.' She was obeyed, dressed, and the secretary entered the chamber. The Duchess then walked about, complained of thirst, and said, 'I could drink a glass of my fine Madeira and eat a slice of toasted bread; I shall be quite well afterwards; but let it be a large glass of wine.' The attendant reluctantly brought and the Duchess drank the wine. She then said, 'I knew the Madeira would do me good. My heart feels oddly; I will have another glass.' She then walked a little about the room, and afterwards said, 'I will lie on the couch.' She sat on the couch, a female having hold of each hand. In this situation she soon appeared to have fallen into a profound sleep, until the women found her hands colder than ordinary; other domestics were rung for, and the Duchess was found to have expired, as the wearied labourer sinks into the arms of rest."
Was it a touch of final malice or of real regret that caused the old lady, by codicil to her will dated May 10, 1787, to leave pearl earrings and necklace to the Marquise de la Touche? Was it a token that she forgave her the cruel book, "Les aventures trop amoureuses; ou, Elizabeth Chudleigh," which she wrote, or caused to be written, for the blackening of her rival, and the whitewashing of herself? Let us hope it was so. The proviso in the Duke's will saved her from herself; but for that she would have married an adventurer who called himself the Chevalier de Wortha, a man who obtained great influence over her, and finally died by his own hand.
Elizabeth Chudleigh's character and career have never been sketched by friends; her enemies, those jealous of her fascinations, angry at her success, discontented with not having been sufficiently considered in her will, have given us their impressions of her, have poured out all the evil they knew and imagined of her. She has been hardly used. The only perfectly reliable authority for her history is the report of her trial, and that covers only one portion of her story. The "Authentic Detail" published by G. Kearsley, London, in 1788, is anonymous. It is fairly reliable, but tinctured by animosity. The book "Les Aventures trop Amoureuses, ou, Elizabeth Chudleigh, ex-duchesse douairière de Kingston, aujourd'hui Comtesse de Bristol, et la Marquise de la Touche. Londres, aux depens des Interessez, 1776," was composed for the justification of Madame de la Touche, and with all the venom of a discomfited and supplanted rival.
An utterly worthless book, "Histoire de la vie et des Aventures de la Duchesse de Kingston, a Londres, et se trouve à Paris, Chez Quillot, 1789," is fiction. It pretends to be based on family papers. At the commencement it gives a portion of the diary of Col. Thomas Chudleigh, in which, among other impossibilities, he records his having reduced the rents of his tenants on his estates twenty per cent. because the year was bad. As it happened, Col. Thomas Chudleigh neither possessed an acre of land, nor a tenant.
In 1813 appeared "La Duchesse de Kingston, memoires rédigés par M. de Favolle," in two volumes; this is based solely on the preceding with rich additions from the imagination of the author. Not a statement in it can be trusted.
Some little reliable information may be found in the "Memoires de la Baronne d'Oberkirch," Paris 1853.