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B02399 Bishop Cozens's argument, proving, that adultery works a dissolution of the marriage. Being the substance of several of Bishop Cozens his speeches in the House of Lords, upon the debate of Lord Ross's case. Taken from original papers writ in the Bishop's own hand. Cosin, John, 1594-1672. 1700 (1700) Wing C6351B; ESTC R175839 10,178 4

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Hauseur Eleanor Vaness Exam. 22. Feb. 1699. Sir John's Valet de Chambre used to be assisting to him as the Dutchess's Woman Susannah Barrington was to her at going to Bed and rising She proves the like Conversation at Fox-hall and the Dutchess's House at the Millbank till the Duke's first Bill for a Divorce was depending within which time Nicholas Hauseur by Sir John's Order carryed her away and Susannah Barrington with intention of going for Holland to prevent their being Examined to what they knew but the wind proving contrary they could n●t go till the Bill was rejected and then Sir John fetch'd back Susannah who was most useful to the Dutchess but Hauseur went for Holland with Ellen. He confirms Ellen's Evidence in every particular and besides the Persons mention'd by Ellen as privy to Sir John's lying with the Dutchess names Sir John's Brother Daniel Nicholas having been found very trusty his Master sent for him to return to his Service Nicholas Hauseur and gave him the opportunity of proving the Continuance of the same Adulterous Conversation at several Times and Places from the Summer 1692. to the 26th of April 1696 He swears he had after his return to Sir John's Service seen them in Bed together at Sir John's House at the Cockpit and at the Dutchess's Houses at Mil●bank and where she now lives and used to be let into the Dutchess's Apartment by Susannah Barrington or Keemer Nor can any Man who shall read the ample Testimonials given Mr. Hauseur by Sir John by the last of which it appears that he served him faithfully as his Steward reasonable question Hauseur's Credit Another who had been advanced by Sir John from his Footman to Mr. Hauseur's place William Bayl● and from thence to a good Office in the Excise very unwillingly confirmed the Testimony of Hauser and the Dutch Maid not only as to the time of their going from the Service of Sir John and the Dutchess but though being no Foreigner he could not so easily be sent away to prevent discovery and therefore was not let so far into the secret as Hauseur and the Dutch Maid yet he swears the Dutchess used to come mask'd to his Master's House that he has gone with him as far as the Horse-ferry towards her House at the Mill-bank that then his Master sometimes ●tay out all Night and the next morning he has carri●d Linnen and Cloaths for his Master to Keemer's House or Keemer has fetch'd them from him And this he proves to have been since the rejecting the former Bill and about Five Years since when he was succeeded by Hauseur as before he had succeeded Hauseur Two other Foreigners La Fountain who had lived with Sir John and was Served with Summons at the Dutchess's House at Dra●ton and Hugonee who ran away from the Lord Haversham's since Summons was taken out against him seem to have had the same Trust that Hauseur had for both declared That nothing should oblige them to betray their Master's Secrets One said No Court could dispense with his Oath of Secrecy and ●oth declared they would immediately go beyond Sea Summons have been taken out for Mr. Brian and his VVife and Sir John German's Brother who are or lately were in Town to confess or deny what Nichola and Ellen appeal to them for and it cannot be imagined that Sir John should chuse theHonour of being thought to have to do with a Dutchess before the Clearing her and himself from the Imputation by bringing his Relations to disprove the Charge if what is sworn to be within their knowledge is false And if Sir John's Vanity should prevail with him at least it is to be presumed that his Relations would be more just to him and the Lady than to suffer any thing to pass against them which they could with Truth and Justice prevent But since none of them appear the World will believe their absenting more than a thousand Witnesses in confirmation of what Mr. Hauseur Ellen and Bayly have sworn Whose Evidence not only stands untouch'd by any thing offered by the Dutchess's Witnesses but is plainly confirmed by them in the principal parts This being the nature of the proofs 't is observable 1. That there never yet was any Case of this kind where the Evidence was not liable to greater Objections than can be made to this Though in the latest Case of this kind there was full Conviction of 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 procceding 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 bind the Spiritual Court as in the Case of the Duke of Norfolk 1 Eliz n. 31. 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 Mrs. Wharton 2. 3. W. M. who has 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 Years before she Marryed Sir Ralph 37. H 8 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.