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B10237 A Vindication of Her Grace, Mary Dutchess of Norfolk. Being a true account of the proceedings before the House of Lords, (from Jan. 7th. 1691. to Febr. 17th. following) upon His Grace the Duke of Norfolk's bill, entituled, An act to dissolve the marriage, &c. occasioned, by several libellous pamphlets lately published, and dispersed, under the same pretence and title. / [Publis]hed by the direction of Her Grace the Dutchess of Norfolk. Norfolk, Mary Howard, Duchess of, 1659?-1705.; Norfolk, Henry Howard, Duke of, 1655-1701.; England and Wales. Parliament. House of Lords. 1693 (1693) Wing V478; ESTC R186015 45,346 28

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to Bowtell to say no more at present he stands upon the Journal of the Hous● of Commons to have given an untrue Information against Captain Motley and upon it was Or dered to be taken into Custody who afterwards petition'd to be discharg'd and being brought t● the Bar and owni●g his Fault had a Reprimand by the Speaker and at length discharged paying his Fees Now upon the Reputation of this Verdict though the Dutchess was no Party nor her Witnesses examined as aforesaid yet the Duke was pleased to offer a new Bill to the Lords the 22th of Decemb●● last for Dissolving the Marriage c. But the Dehate for Receiving or not Receiving it u● Adjourn'd to the 29th following and from thence to the 31th and from thence to the second January when after a long and serious Debate The Bill was again Rejected So that now it 〈◊〉 not be thought Impertinent for this true Account to appear to the World A Vindication of her Grace MARY Dutchess of NORFOLK 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 De●at● bef●●● 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 Vineris 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 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 Dukedom 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 Privileges 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 he Intituled to be Tenant by Courtesie 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