The lord high steward then desired Mr. Wallace to proceed with the evidence on behalf of the duchess. The advocate stated the nature of the evidence he meant to produce to prove that Anne Cradock had asserted to different people that she had no recollection of the marriage between Mr. Hervey and the lady at the bar; and that she placed a reliance on a promise of having a provision made for her in consequence of the evidence she was to give on the present trial: and to invalidate the depositions of Judith Philips, he ordered the clerk to read a letter, wherein she supplicated her grace to exert her influence to prevent her husband’s discharge from the duke’s service; and observed, that Mrs. Philips had, on the preceding day, sworn that her husband was not dismissed, but voluntarily quitted his station in the household of his grace.
Mr. Wallace called Mr. Berkley, Lord Bristol’s attorney, who said his lordship told him he was desirous of obtaining a divorce, and directed him to Anne Cradock, saying she was the only person then living who was present at his marriage; and that a short time previous to the commencement of the jactitation suit, he waited upon Anne Cradock, who informed him that her memory was bad, and that she could remember nothing perfectly in relation to the marriage, which must have been a long time before.
Anne Pritchard deposed, that about three months before she had been informed by Mrs. Cradock that she expected to be provided for soon after the trial, and that she expected to be enabled to procure a place in the Custom-house for one of her relations.
This being the whole of the evidence to be produced on behalf of her grace, the lord high steward addressed their lordships, saying, that the evidence on both sides having been heard, it now became their lordships’ duty to proceed to the consideration of the case; that the importance and solemnity of the occasion required that they should severally pronounce their opinions in the absence of the prisoner at the bar, and that it was for the junior baron to speak first.
The prisoner having then been removed, their lordships declared that they found her guilty of the offence imputed to her.
Proclamation was then made that the usher of the black rod should replace the prisoner at the bar; and immediately on her appearing, the lord high steward informed her that the lords had maturely considered the evidence adduced against her, as well as the testimony of the witnesses who had been called on her behalf, and that they had pronounced her guilty of the felony for which she was indicted. He then inquired whether she had anything to say why judgment should not be pronounced against her?
The duchess immediately handed in a paper containing the words, “I plead the privilege of the peerage,” which were read by the clerk at the table.
The lord high steward then informed her grace that the lords had considered the plea, and agreed to allow it, adding, “Madam, you will be discharged on paying the usual fees.”
The duchess during the trial appeared to be perfectly collected, but on sentence being pronounced she fainted, and was carried out of court.
This solemnity was concluded on the 22nd of April, 1776; but the prosecutors still had a plan in embryo to confine the person of the Countess of Bristol, for to this rank she was now again reduced, to the kingdom, and to deprive her of her personal property; and a writ of ne exeat regno was actually in the course of preparation: but private notice being conveyed to her of this circumstance, she was advised immediately to quit the country. In order to conceal her flight, she caused her carriage to be driven publicly through the streets, and invited a large party to dine at her house; but, without waiting to apologise to her guests, she drove to Dover in a post-chaise, and there entering a boat with Mr. Harvey, the captain of her yacht, she accompanied him to Calais. Circumstances of which she had been advised, and which had occurred during the period of her absence from Rome, rendered her immediate presence in that city necessary, and proceeding thither, without loss of time, she found that a Spanish friar, whom she had left in charge of her palace and furniture, had found means to convert her property into money, and after having seduced a young English girl, who had also been left in the palace, had absconded. Having now obtained the whole of her plate from the public bank where she had deposited it, she returned to Calais, which she adopted as the best place at which she could fix her residence, in consequence of the expeditious communication which existed between that town and London, by means of which she might be afforded the earliest intelligence of the proceedings of her opponents. Their business was now to set aside, if possible, the will of the Duke of Kingston. There was no probability of the success of the attempt, but there was sufficient doubt upon the subject in the mind of the countess to keep all her apprehensions alive.
The will of his grace of Kingston, however, received every confirmation which the courts of justice could give, and the object of the countess now was to dissipate rather than expend the income of his estates. A house which she had purchased at Calais was not sufficient for her purpose; a mansion at Mont Martre, near Paris, was fixed on, and the purchase of it was negotiated in as short a time as the duchess could desire. There were only a few obstacles to enjoyment which were not considered until the purchase was completed. The house was in so ruinous a condition as to be in momentary danger of falling. The land was more like the field of the slothful than the vineyard of the industrious; and these evils were not perceived by the countess till she was in possession of her wishes. A lawsuit with the owner of the estate was the consequence, and the countess went to St. Petersburgh, and there turned brandy distiller, and returned to Paris before it was concluded. The possession of such a place, however, was not sufficient for the countess, and she proceeded to make a second purchase of a house, built upon a scale of infinite grandeur. The brother of the existing French king was the owner of a domain, suited in every respect for the residence of a person of such nobility, and the countess determined to become its mistress. It was called the territory of St. Assise, and was situated at a pleasant distance from Paris, abounding in game of all descriptions, and rich in all the luxuriant embellishments of nature. The mansion was of a size which rendered it fit for the occupation of a king; it contained three hundred beds. The value of such an estate was too considerable to be expected in one payment: she therefore agreed to discharge the whole of the sum demanded, which was fifty-five thousand pounds, by instalments. The purchase on the part of the countess was a good one. It afforded not only game, but rabbits in plenty; and finding them of superior quality and flavour, her ladyship, during the first week of her possession, had as many killed and sold as brought her three hundred guineas. At St. Petersburgh she had been a distiller of brandy; and now at Paris she turned rabbit-merchant.
Such was her situation, when one day, while she was at dinner, her servants received the intelligence that judgment respecting the house near Paris had been awarded against her. The sudden communication of the news produced an agitation of her whole frame. She flew into a violent passion, and burst an internal blood-vessel: but she appeared to have surmounted even this, until a few days afterwards, when preparing to rise from her bed, a servant who had long been with her endeavoured to dissuade her from her purpose. The countess said, “I am not very well, but I will rise;” and on a remonstrance being attempted, she said, “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 countess then walked about, complained of thirst, and said, “I could drink a glass of my fine Madeira,