the Bar what they could object for her Grace the Dutchess of Norfolk against the receiving of a Bill offered by his Grace the Duke of Norfolk to dissolve the Marriage between him and his Dutchess As also the Counsel of his Grace the Duke of Norfolk for receiving the said Bill And after Consideration of what was offered by Counsel on either side and a long Debate thereupon This Question was put Whether the Duke of Norfolk ' s Bill should be received It was Resolved in the Affirmative Which Bill is as followeth An Act to Dissolve the Marriage of Henry Duke of Norfolk Earl Marshal of England with the Lady Mary Mordant and to enable the said Duke to Marry again FOrasmuch as Henry Duke of Norfolk and Earl Marshal of England having been Married to the Lady Mary Mordant hath made full proof that his said Wife is guilty of and hath committed Adultery on her part And forasmuch as the said Henry Duke of Norfolk hath no Issue nor can have any probable expectation of Posterity to succeed him in his Honours Dignities and Estate unless the said Marriage be declared void by Authority of Parliament and the said Duke be enabled to Marry any other Woman The King and Queens Most Excellent Majesties upon the Humble Petition of the said Henry Duke of Norfolk having taken the Premises into their Royal Consideration for divers weighty Reasons are pleased that it be Enacted And be it Enacted by the King and Queens Most Excellent Majesties and by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same That the said Marriage between the said Henry Duke of Norfolk and the said Lady Mary his Wife shall from henceforth be null and void and is by Authority of this present Parliament Declared Adjudged and Enacted to be null and void to all Intents Constructions and Purposes whatsoever And that it shall and may be lawful to and for the said Henry Duke of Norfolk at any time or times hereafter to Contract Matrimony and to Marry as well in the Life-time of the said Lady Mary as if she were naturally dead with any other Woman or Women with whom he might lawfully marry in case the said Lady Mary was not living And that such Matrimony when had and celebrated shall be a good just and lawful Marriage and so shall be adjudged deemed and taken to all Intents Constructions and Purposes And that all and every Children and Child born in such Matrimony shall be deemed adjudged and taken to be born in lawful Wedlock and to be Legitimate and Inheritable and shall inherit the said Dukedome of Norfolk Office of Earl Marshal of England and all other Earldoms Dignities Baronies Honours and Titles of Honour Lands Tenements and other Hereditaments from and by their Fathers Mothers and other Ancestors in like manner and form as any other Child or Children born in lawful Matrimony shall or may inherit or be inheritable according to the Course of Inheritances used in this Realm And to have and enjoy all Priviledges Preheminencies Benefits Advantages Claims and Demands as any other Child or Children born in lawful Wedlock may have or claim by the Laws or Customs of this Kingdom And be it farther Enacted That the said Henry Duke of Norfolk shall be Intituled to be Tenant by Courtesy of the Lands and Inheritance of such Wife whom he shall hereafter marry And such Wife as he shall so marry shall be Intitled to a Dower of the Lands and Tenements of the said Henry Duke of Norfolk and of such Estate whereof she shall be Dowable as any other Husband or Wife may or might claim have or enjoy And the Child or Children born in such Marriage shall and may derive and make Title by Descent or otherwise to and from any their Ancestors as any other Child or Children may do any Law Statute Restraint Prohibition Ordinance Canon Constitution Prescription or Custom had made exercised or used to the contrary of the Premisses or any of them in any wise notwithstanding And be it further Enacted by the Authority aforesaid That the said Lady Mary shall be and is hereby barred and excluded of and from all Dower and Thirds and of and from all Right and Title of Dower and Thirds unto or out of any the Honours Mannors Lands or Hereditaments of the said Duke And that all Conveyances Jointures Settlements Limitations and Creations of Uses and Trusts of into or out of any Honours Mannors Lands or Hereditaments at any time heretofore made by the said Duke or any of his said Ancestors or Trustees unto or upon or for the use or benefit of the said Lady Mary or any the Issue of her Body or for raising discharging or counter-securing any the Mannors Lands or Hereditaments of the said Lady Mary or any of her Ancestors shall be from henceforth utterly void and of none effect And all and every the said Honours Mannors Lands or Hereditaments of the said Duke or any of his Ancestors or Trustees shall from henceforth remain and be to and for the use and benefit of the said Duke and such other Person or Persons and for such Estates and Interests and in such manner and form as if the said Lady Mary was now naturally dead without any Issue of her Body And also That all Limitations and Creations of any Use Estate Power or Trust made by any of the Ancestors of the said Lady Mary unto or for the use or benefit of the said Duke his Heirs or Assigns out of any the Mannors Lands or Hereditaments of any of the Ancestors of the said Lady Mary shall be from henceforth void and of none effect 13 Januarii 1691. THe Duke of Norfolk's Bill aforesaid having been yesterday received and read The Dutchess of Norfolk presented the following Petition to Their Lordships this Day To the Right Honourable the Lords Spiritual and Temporal in Parliament assembled The Humble Petition of Mary Dutchess of Norfolk Sheweth THat your Petitioner being Married to the Duke of Norfolk 14 Years and upwards never had or received from her Husband any Intimation of a Misdemeanor on her part against him which joined to her Innocency of the Crime mentioned in the Bill makes this Proceeding before your Lordships very surprizing to her Her Person Estate and Honour which is more dear to her than her Life being now brought in question Your Petitioner humbly prays she may have a Copy of the particular Charge against her with the Names of the Witnesses and reasonable time allowed her to answer the same before any farther Proceedings upon the Bill Mary Norfolk Upon which Petition the following Order was made Die Mercurii 13 Januarii 1691. UPon reading the Petition of Mary Dutchess of Norfolk It is Ordered by the Lords Spiritual and Temporal in Parliament assembled That Sir Richard Reynes Sir Charles Hedges and Dr. Oxenden do attend this House to Morrow at ten
A TRUE ACCOUNT OF THE PROCEEDINGS BEFORE THE House of LORDS From Jan. 7. 1691. to Feb. 17. following BETWEEN The Duke and Dutchess of Norfolk Upon the Duke's BILL ENTITULED An Act to Dissolve the Marriage c. OCCASIONED By Two Libellous PAMPHLETS lately Published and Dispersed under the same Pretence and Title LONDON Printed in the Year MDCXCII THE PREFACE THere have been lately printed and made publick Two scandalous Pamphlets the one under the Title of The Proceedings before the House of Lords between the Duke and Dutchess of Norfolk The other is called The farther Depositions and Proceeddings in the House of Lords in the Affair of the Duke and Dutchess of Norfolk with the Bill of Divorce Now these two Papers are so far from a faithful Narrative of the said Proceedings that what with confounding the Order of the Transaction and disguising the Truth of Things by industrious Omissions gross Imperfections and wilfal Mistakes This pretended Account has made it absolutely necessary even for the sake of common Justice to set the World right in the Story To which end the entire Series of this Affair is here set forth from Point to Point just as it passed before their Lordships and stands upon their Journal with such Notes upon the Evidence on both sides as the Nature of the Case requires and as the Reason of it will fairly bear The Reader will observe here upon this Relation that the two Principal Witnesses produced against the Dutchess of Norfolk are Rowland Owen and Margaret Ellwood for they swear positively to the stress of the Question whereas all the rest is but Circumstantial and made use of only for Aggravation Prejudice and Clamour So that upon invalidating their Testimony the main Cause falls effectually to the Ground saving only the unavoidable Misfortune of many an Innocent Person that suffers under the Impossibility of proving a Negative there being no Fence against uncharitable Presumptions Now taking this for granted as it is not to be denied the Reader is only desired to lay seriously to Heart the Impossibility of the Fact that is sworn against the Dutchess in some Cases and the utter impossibility of it to be true in others The Tampering and Practice that has been used the Inconsistency of the Witnesses with themselves their Character and Credit c. one of them Ann Burton being trapt in a false Oath out of her own Mouth upon the very place of Examination The Reader will also take notice that of Twenty Six Witnesses produced in Favour of the Duke one half of them are Principals and the other only Seconds Peter Scriber Andrew Anderson Robert Hemming John Reynolds and Margaret Foster are five of the former Number but speaking little or nothing to the Merits of the Question it was not thought worth the while to offer Exceptions to their Testimony though to the other Eight that is to say Owen Ellwood Hudson Burton Varelst Tho. Foster Lloyd and Wadsworth there were several Witnesses on the behalf of the Dutchess to invalidate their Credit viz. Two to the First Six to the Second Two to the Third Four to the Fourth One to the Fifth Two to the Sixth Two to the Seventh and Six to the Last It is very remarkable also after all these Exceptions to every one of the Duke 's principal Witnesses that the Testimony of the Dutchess's Witnesses passed current without any contradiction saving only that Henry Daggley and John Hoskins were examined against the Credit of John Hall in the Case of Jane Wadsworth leaving four Witnesses more in the same Case untouch'd and Edith Sawbridge against the Testimony of Mrs. Judith Stourton which Depositions the Reader will find to be of little or no moment as to the matter in hand This puts it past Dispute that they had nothing more to say against the Witnesses for the Dutchess but stopt at these three for want of farther Pretence The Result in short is this that all the material Witnesses to the Charge are Impeached and the Evidence on the other side stands untainted To say nothing of the unanswerable Reasons that prevailed with the Lords finally to reject the Bill especially considering the Solemnity of the Proceedings For the Cause was kept on from the 7th of January to the 17th of February following All the Lords in and about the Town being summon'd by an Order of the House bearing Date Die Veneris Feb. 12. 1691. to attend at Twelve of the Clock on the Tuesday following And the Officers that summoned them to give an Account of what Lords they summoned pursuant to which Order their Lordships met according to the Appointment and after some previous Debates Adjourned till the next Day when the Depositions on both sides were read at the Table by the Clerk as will be seen more at large upon the following Journal And after a long and solemn Debate The Question being put Whether the Bill entituled An Act to Dissolve the Marriage of Henry Duke of Norfolk Earl Marshal of England with the Lady Mary Mordant and to enable the said Duke to Marry again shall be read a second time It was Resolved in the Negative A True ACCOUNT of the Proceedings before the House of Lords from January the 7th 1691 to the 17th of February following between the Duke and Dutchess of Norfolk upon the Duke's Bill Entituled An Act to Dissolve the Marriage c. The 7th of January the said Bill was lodg'd in the House of Lords The 8th of January THE Dutchess of Norfolk having received Intimation that the Duke of Norfolk was this Day offering a Bill to the House of Lords for Dissolving the Marriage between them and that the same was under Debate before their Lordships She was advised to present the following Petition To the Right Honourable the Lords Spiritual and Temporal in Parliament assembled The Humble Petition of Mary Dutchess of Norfolk Sheweth THat your Petitioner being informed that the Duke of Norfolk is at this time offering a Bill to your Lordships for Dissolving the Marriage between him and your Petitioner Your Petitioner Humbly prays she may be heard by Your Lordships before such Bill be received And Your Petitioner will ever pray c. M. Norfolk Upon which Petition their Lordships were pleased to make the following Order viz. Die Veneris 8 Januarii 1691. A Bill having been offered to this House on the behalf of the Duke of Norfolk to dissolve the Marriage between the said Duke and his Dutchess It was ordered by the Lords Spiritual and Temporal in Parliament assembled that Her Grace shall have notice thereof and may be heard by her Counsel at the Bar of this House on Tuesday next at 12 of the Clock what she hath to object against the receiving the said Bill at which time the said Duke may also be heard by his Counsel for the said Bill if he shall think fit Matth. Johnson Cler ' Parlimentor ' Die Martis 12 Januarii 1691. AFter hearing Counsel this day at
of the Clock in the Forenoon Matth. Johnson Cler ' Parliamentor ' 14 Januarii 1691. After having heard the Civil Lawyers the following Order was made Die Jovis 14 Januarii 1691. AFter hearing this day the Civil Lawyers pursuant to the Order Yesterday upon reading the Dutchess of Norfolk's Petition It is Ordered by the Lords Spiritual and Temporal in Parliament assembled That his Grace the Duke of Norfolk shall bring in the Charge against his Dutchess and particularly to the Person Time and Place by Saturday next at 12 of the Clock Matth. Johnson Cler ' Parliamentor ' 16 Januarii 1691. This Day the Duke of Norfolk brought in the following Charge against his Dutchess The Charge which Henry Duke of Norfolk Earl Marshal of England doth exhibit against his Wife Mary Dutchess of Norfolk before the Lords Spiritual and Temporal in Parliament assembled pursuant to their Lordships Order of the 14th of January 1691 is for the Crime of Adultery THe Person charg'd to commit the said Crime with the said Dutchess is John Germaine of the Parish of St. Margaret's in the Liberty of Westminster The Times when the said Crime was committed were between the Months of June and December 1685 and several times since The Places where the said Crime was committed are at Whitehal Windsor and within the Parishes of St. Margaret's Westminster St. Martin's in the Fields St. James's St. Ann's within the Liberty of Westminster And in the Parish of Lambeth in the County of Surrey Norfolk and Marshal Upon which the following Order was made Die Sabbati 16 Januarii 1691. UPon reading this day the Charge which Henry Duke of Norfolk Earl Marshal of England hath exhibited against his Wife Mary Dutchess of Norfolk for the Crime of Adultery It is Ordered by the Lords Spiritual and Temporal in Parliament assembled That her Grace the Dutchess of Norfolk do attend this House on Monday next or some Person on her behalf then to receive a Copy of the Charge against her Matth. Johnson Cler ' Parliamentor ' 19 Januarii 1691. The Answer of Mary Dutchess of Norfolk to the Charge exhibited against her by the Duke of Norfolk before the Lords Spiritual and Temporal in Parliament assembled THis Respondent is advised that the Charge exhibited by the Duke of Norfolk into this Honourable House against her as to Time and Place is too general and is not pursuant nor doth answer the end of your Lordships Order of the 14th Instant made upon the humble Petition of this Respondent Wherefore she doth humbly hope and pray your Lordships will not oblige her to make any further Answer till the Duke shall bring in a particular and certain Charge as to Time and Place against her And this Respondent doth the rather humbly insist That your Lordships would please to require the Duke to be particular and certain in these material Circumstances of his Charge against her for that it appears by his own shewing therein that the supposed Crimes objected to her and alledged to be committed were above 6 Years before the Bill was offered to this Honourable House during most of which time at the advice and by the approbation of the Duke was and continued beyond the Seas to ease him in his Charge and Part He frequently declaring that when he should be more easy in his Fortune they should live together M. Norfolk Upon which Answer the following Order was made And the Duke's Second Charge delivered in the same Day Die Martis 19 Januarii 1691. IT is Ordered by the Lords Spiritual and Temporal in Parliament assembled That her Grace the Dutchess of Norfolk shall have a Copy of the Duke's Charge delivered this day against her And that she or Sir Thomas Pinfold do attend this House to Morrow at 11 of the Clock in the Forenoon to answer to the said Charge Matth. Johnson Cler ' Parliamentor ' Which Copy is as followeth The Charge which Henry Duke of Norfolk Earl Marshal of England doth exhibit against his Wife Mary Dutchess of Norfolk before the Lords Spiritual and Temporal in Parliament assembled pursuant to Their Lordships Order of the 14th of January 1691 is for the Crime of Adultery THe Person charged to commit the said Crime with the said Dutchess is one John Germaine of the Parish of St. Margaret's Westminster The Times and Places when the said Crime was committed were at Whitehall in the Months of June July August some or one of them in the Year 1685. At Windsor in the Months of July August or September some or one of them in the said Year 1685. In the Parish of St. Margaret's Westminster March April May June some or one of them in the Year of our Lord 1690. And in the said Parish of St. Margaret's Westminster in the Months of July or August 1690. In the Parish of Lambeth in the County of Surrey in the Months of May June July August some or one of them in the Year 1691. Norfolk and Marshal Upon which the next Day viz. the 20th of January 1691 the Dutchess of Norfolk presented the following Petition To the Right Honourable the Lords Spiritual and Temporal in Parliament assembled The Humble Petition of Mary Dutchess of Norfolk Sheweth THat your Petitioner was served with an Order of this Honourable House late last Night to attend your Lordships this Day by Eleven of the Clock either in Person or by Sir Thomas Pinfold to answer to a new Charge brought in against her by her Husband the Duke of Norfolk Your Petitioner is advised That for her just Defence it is necessary to alledge in her Answer several special Matters relating both to the Duke and her self That in this short time appointed by Your Lordships your Petitioner finds it impossible to instruct Counsel to prepare such an Answer as she is advised is necessary to put in Wherefore Your Petitioner Humbly prays Your Lordships she may have convenient time to put in her Answer to the said Charge And Your Petitioner will ever pray c. M. Norfolk Upon which the following Order was made Die Mercurii 20 Januarii 1691. UPon reading the Petition of Mary Dutchess of Norfolk praying that She may have convenient time for answering to the Charge put in against her by his Grace the Duke of Norfolk Yesterday It is Ordered by the Lords Spiritual and Temporal in Parliament assembled That her Grace the Dutchess of Norfolk shall peremptorily answer by her Self or Proctor to the said Charge to Morrow at Eleven of the Clock in the Forenoon Matth. Johnson Cler ' Parliamentor ' Accordingly January the 21st The Dutchess of Norfolk delivered in the following Answer I Mary Dutchess of Norfolk under Protestation That the pretended Charge of Adultery given against me in the Honourable House of Peers was and is general insufficient and such as I humbly conceive I am not bound by Law to give answer unto Yet knowing my own Innocency and that I am not guilty of the pretended Crime this Protestation being Sacred to me
Witnesses were produc'd on behalf of the Duke of Norfolk and had given in their several Places of aboad c. The following Oath was administred to them YOu shall true Answer make to all such Questions as shall be asked you by this Honourable House in relation to the Charge of Adultery brought in by the Duke of Norfolk against the Dutchess of Norfolk with John Germaine you shall declare your whole Knowledge of this matter and shall speak the Truth the whole Truth and nothing but the Truth as well upon the matter you shall be examined on behalf of his Grace the Duke of Norfolk as upon such Interogatories as shall be exhibited on behalf of the Dutchess of Norfolk without Favour or Affection to either Party So help you God and by the Contents of this Book After the Oath administred as aforesaid the following Order was made Die Sabbati 23 Januarii 1691. IT is Ordered by the Lords Spiritual and Temporal in Parliament assembled That the Dutchess of Norfolk's Proctor shall have a Copy of what was taken upon Swearing the Duke of Norfolk's Witnesses at the Bar and that the Duke's Witnesses shall give in their Evidence at the Bar on Tuesday next at Ten of the Clock in the Forenoon and that the Dutchess of Norfolk by her Self Proctor and Counsel shall attend together with the Duke's Proctor and Counsel at the same time Matth. Johnson Cler ' Parliamentor ' After Examination of Witnesses on behalf of the Duke the following Order was made Die Martis 26 Januarii 1691. AFter hearing this day the Witnesses on the behalf of his Grace the Duke of Norfolk It is Ordered by the Lords Spiritual and Temporal in Parliament assembled That Friday next at Ten of the Clock in the Forenoon shall be and is hereby appointed for her Grace the Dutchess of Norfolk to make her Defence by her Proctor or Counsel and that his Grace the Duke of Norfolk's Counsel and Proctor be then present and the Witnesses who this day delivered their Evidence or Oaths on his Grace's behalf And that the Dutchess may have an Order for such Witnesses as she shall think fit to make use of on her Grace's behalf Matth. Johnson Cler ' Parliamentor ' Upon which Order the Dutchess was advised to present the following Petition To the Right Honourable the Lords Spiritual and Temporal in Parliament assembled The Humble Petition of Mary Dutchess of Norfolk Sheweth THat since the Examination of Witnesses before your Lordships against your Petitioner upon Tuesday last the utmost endeavour and diligence hath been used to prepare for her Defence against the time appointed by your Lordships That your Petitioner is very much concerned that for the necessary Defence of her self she should be forced to lie under the Charge sworn against her one moment beyond the time given her by your Lordships But upon a Consultation with her Counsel and Solicitor last Night she is advised that it is absolutely necessary for her to Address to your Lordships for time till Monday next to bring in her Defence some of her most material Witnesses being remote from London and though she has sent for them and used all means possible to get them ready by the time appointed she cannot be able to have them here before Monday next Wherefore Your Petitioner humbly prays your Lordships it being a Case of the highest concern and utmost importance to your Petioner to give her time till Monday next to bring in her Defence And Your Petitioner shall ever pray c. M. Norfolk Upon which Petition the following Order was made Die Veneris 29 Januarii 1691. WHereas this day was appointed for her Grace the Dutchess of Norfolk to make her Defence upon reading the Petition of her Grace the Dutchess of Norfolk praying it being a case of the highest concern and utmost importance to her to give her time till Monday next to bring in her Defence after hearing her Counsel at the Bar and upon Oath made that some of the Duthess's Material Witnesses are out of Town It is Ordered by the Lords Spiritual and Temporal in Parliament assembled That her Grace the Dutchess of Norfolk hath hereby time given her for making her Defence until Monday the First Day of February next at Eleven of the Clock in the Forenoon Matth. Johnson Cler ' Parliamentor ' Accordingly the Dutchess of Norfolk began her Defence and the following Order was made Die Lunae 1 Februarii 1691. IT is Ordered by the Lords Spiritual and Temporal in Parliament assembled That on Wednesday next at Eleven of the Clock in the Forenoon the House shall proceed in hearing the Dutchess of Norfolk's Evidence and that all the Witnesses that have been sworn on either side do then attend the House Matth. Johnson Cler ' Parliamentor ' Which they did and the following Order was made Die Mercurii 3 Februarii 1691. AFter having this Day heard several Witnesses on behalf of her Grace the Dutchess of Norfolk as also for his Grace the Duke of Norfolk It is Ordered by the Lords Spiritual and Temporal in Parliament assembled That her Grace the Dutchess of Norfolk's Counsel shall proceed in her Grace's Defence on Saturday next at Twelve of the Clock Matth. Johnson Cler ' Parliamentor ' They proceeded accordingly and the following Order was made Die Sabbati 6 Februarii 1691. AFter having this day heard several Witnesses on the behalf of the Dutchess of Norfolk It is Ordered by the Lords Spiritual and Temporal in Parliament assembled That the Council for his Grace the Duke of Norfolk shall proceed to examine Witnesses on Tuesday next at Twelve of the Clock Matth. Johnson Cler ' Parliamentor ' Which accordingly they did and the following Order was made Die Martis 9 Februarii 1691. AFter hearing some Witnesses this Day on the behalf of his Grace the Duke of Norfolk It is Ordered by the Lords Spiritual and Temporal in Parliament assembled That the Counsel for his Grace the Duke of Norfolk as also the Counsel for her Grace the Dutchess of Norfolk shall be heard on Thursday next at Twelve of the Clock to sum up the Evidence on either side and that Mrs. Sawbridge and Mrs. Stourton do then attend to be heard Matth. Johnson Cler ' Parliamentor ' The Counsel attended accordingly but not heard and their Lordships were pleased to make the following Order Die Jovis 11 Februarii 1691. IT is Ordered by the Lords Spiritual and Temporal in Parliament assembled That the Counsel for his Grace the Duke of Norfolk as also the Counsel for her Grace the Dutchess of Norfolk shall be heard to Morrow at one of the Clock in the Afternoon to sum up the Evidence on either side and that Mrs. Sawbridge and Mrs. Stourton do then attend to be heard Matth. Johnson Cler ' Parliamentor ' After Evidence summed up this following Order was made Die Veneris 12 Februarii 1691. AFter hearing this Day the Counsel and a Civilian for his Grace the Duke of Norfolk and also Counsel and