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B09174 The further depositions and proceedings in the House of Lords in the affair of the Duke & Dutchess of Norfolke. With the bill of divorce England and Wales. Parliament. House of Lords. 1692 (1692) Wing F2556; ESTC R177282 4,117 16

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THE further Depositions AND PROCEEDINGS IN THE House of Lords In the AFFAIR of the DUKE DUTCHESS OF NORFOLKE WITH THE BILL of DIVORCE LONDON Printed in the YEAR 1692. The Oath Administred to the Duke of Norfolk's Witnesses before the Lords in Parliament YOU shall true Answer make to all such Questions as shall be askt 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 as you shall be Examined on behalf of his Grace the Duke of Norfolk as upon such Interrogatories 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 REASONS Offer'd to the Lords in Parliament For Receiving the following Bill of Divorce On the Behalf of his Grace the DUKE of NORFOLKE THE not having a Sentence for a Separation from the Ecclesiastical Court is thought to be no Objection against the Receiving or Passing the Duke of Norfolke's Bill for these Reasons viz. I. The House proceeds in this Case in their Legislative and in their Judicial Capacity and in their Legislative all Things must proceed Originally by Bill II. That a Sentence in the Ecclesiastical C●urt can give the Duke no Relief as to what he seeks by his Bill 〈◊〉 To Dissolve his Marriage and Enable him to Marry again but that Relief must spring originally from the Parliament with●●t relation to the Ecclesiastical Court III. That in Case there was such a Sentence yet it would afford no Assistance in this Case For the Parliament in Cases of this Nature do not rely upon any such Sentence for a satisfactory Proof of the Fact but hear Witnesses viva voce and thereupon proceed IV. That there 〈◊〉 Witnesses now living to prove the Fact which may be Examined viva voce whereas if they die during the tedious Proceeding in any Inferiour Court then there can be no other Proof but Depositions taken in Writing V. That Mrs. Wharton's Case was receiv'd Originally in Parliament The BILL brought into the House of Lords by his Grace the Duke of Norfolk for Dissolving the Marriage with the Dutchess and to Enable him to Marry again which was Read once and afterwards Thrown out FORASMVCH 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 Queens most Excellent Majesties upon the Humble Petition of the said Henry Duke of Norfolke 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 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 Norfolke and the said Lady Mary his Wife shall from henceforth be null and avoid and is by Authority of the Present Parliament Declared Adjudged and Enacted to be null void to all Intents Constructions Purposes whatsoever And that it shall and may be lawful to and for the said Henry Duke of Norfolke 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 lawful Marriage and so shall be adjudged deemed and taken to all intents constructions and purposes And that all 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 Dukedom of Norfolke Office of Earl-Marshal of England 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 us'd in the Realm And to have and enjoy all privileges preheminences benefits Advantages Claimes and demands as any other Child or Children born in lawful Wedlock may have or claim by the Laws or Customes of this Kingdom And be it further enacted That the said Henry Duke if Norfolke shall be entituled to be Tenant by Courtesie of the lands and Inheritances of such Wife whom be shall hereafter marry And such Wife as he shall so marry shall be entitled to Dower of the lands and Tenements whereof the said Henry Duke of Norfolke shall be seized 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 of 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 Premises 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 Power and Thirds and of and from all Right and Title of Power and Thirds unto or out of any of the honours mannours lands or hereditaments of the said Duke and that all Conveyances Joyntures Settlements Limitations and Creations of uses and trusts of into or out of any honours mannours lands or hereditaments at any time heretofore made by the said Duke or any of his Ancestors or Trustees unto or upon or for the use or benefit of the said Lady Mary or any issue of her Body or for easing discharging or counter-securing any the mannours lands or hereditaments of the said Lady Mary or any of her Ancestours shall be from henceforth utterly void and of none effect And all and every the said honours mannours 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