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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A81819 The Duke of Norfolk's case with reasons for passing his bill. 1700 (1700) Wing D2515; ESTC R171857 3,729 2

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the Ladies having Children while she lived separate from her Husband and the presumption was very violent whose the Children were yet this was but presumption and that was weakned by the presumption in Law that they were the Husbands especially since there was no direct proof of the Lover's ever lying with her 2. Tho in that case by reason of the interval of Parliament and fear of the deaths of Witnesses a Suit was begun in Doctors Commons 't was taken from thence while the Suit was depending therefore that was rather an Objection against proceeding in Parliament than an Argument for it 3. In that Case several Witnesses were examined at the Bars of both Houses who had not been examined at Doctors Commons nor any notice given of their Names before their Examination 4. It appears by that Case and the present that the Examinations in Parliament are more solemn and certain than those of the Spiritual Court which depend too much upon the Honesty of the Register or his Deputy 5. Before that Case Parliaments have either broken through the Rules which 1 Eliz n. 31. bind the Spiritual Court as in the Case of the Duke of Norfolk 1 Eliz. where the Parliament ratified a Marriage as lawful according to God's Law tho protracted and letted by reason of certain Decrees and Canons of the Popes Law or else have dissolved a Marriage where there had been no application to Doctors Commons as in the Case of 2. 3. W. M. Mrs. Wharton who had been married to Mr. Cambel and yet there had been no Examination of Witnesses but what had been before the two Houses So long before in the Case of Sir Ralph Sadler upon proof before the two Houses that the Lady Sadlers former Husband had deserted her and disappeared for Four 37. H 8 Years before she Marryed Sir Ralph the Parliament Legitimated her Children by Sir Ralph Whereas some Object against the Passing the Bill as if it would countenance a Jurisdiction in the House of Lords to examine to such matters in the first Instance or Originally the Objection would be the same if it had begun as it might in the House of Commons but in truth would be of equal force against most private and several publick Acts occasioned by the examination of Witnesses or Notoriety of Fact Since therefore the Duke has so long and so often in vain endeavoured to be freed from a Lady publickly famed and proved to have lived with Sir John Germain as his Wife the Duke 's former disappointments cannot but be powerful Arguments for his speedy obtaining that Justice which the Spiritual Court cannot give him their Power reaching no further than to that liberty of living as she list some years since setled by Articles But as none of less Art and Oratory than her Counsel could have turned this into a License to commit Adultery if she List or a Pardon afterwards had there not been evidence of her Acting according to such Construction the Duke would have hoped she had repented of the former Injuries he had received from her but now hopes she shall not longer continue to bear the Name of his Wife and put him in danger of being succeeded by Sir John Germain's Issue or deprive him of the expectation of leaving his Honours Offices and Estate to a Protestant Heir BY Vertue of an Order Obtain'd from His Grace the Duke of Norfolk Earle Marshal of England Jeremiah Wilkins is hereby Authoriz'd to Print and Publish His Case and that no other do presume to Print or Publish the same By His Grace the Duke of Norfolk ' s Special Command London Printed by Jer. Wilkins near Fleet-street 1700.