"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.
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