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A95318 A True state of the proofs offered at the bar of the House of Lords, by Robert, son and heir of Robert, and grandson of John, late Lord Viscount Purbeck, to prove the legitimacy of Robert the father 1678 (1678) Wing T3118A; ESTC R42946 4,666 4

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This done and designing to ruin her Honour also the Countess of Bucks with many others in her company when the Petitioner was with Child near her time and in bed in a riotous manner in night-time entred her Chamber haled her out of bed and Sir Edward Villers Knight one of the Company inhumanely held her that Midwives and others might search her whether she was with Child or not to the endangering her and her Childs life which barbarous usage forced her to withdraw her self to a private place from her enemies till she was delivered and to take upon her a feigned name for her self and Son Robert born of her body and pretend to be Wife of one John Wright meerly to secure both from their rage fury No sooner was it discoursed that she was delivered but the was immedia●●●● committed to Prison from whence she was no sooner released but she was aga●● illegally re-committed and if enlarged the same was upon Bail whereby to her great dishonour she was forced to constant attendance And designing to ruin her in her Honour as well as Estate she was cited into the High Commission Court for a supposed crime of Adultery and there by an unwarrantable illegal sentence condemned fined 500 l. and unlawfully committed to Prison for inducing which sentence they by negative proofs contrary to Law endeavoured to prove that the Petitioner and her Lord had not met in a year before the birth of her Son Robert the contrary whereof appeared by many affirmative proofs and was denied to be tried by the word of her own Husband That after she had obtained a Rule of Common Pleas for a Prohibition to High Commission Court yet could she never get the Prohibition under the Seal That being a Prisoner in the Gatehouse by the Archbishop of Canterburies Command on the aforesaid Sentence finding the Archbishop her violent Prosecutor and the chief Judg in Pronouncing sentence against her she made an escape to prevent the great danger which thorough his power she thought her self in For which she beg'd their Lordships Honourable and favourable opinion and their Intercession to the King on her behalf for his Royal Pardon prays that in Honourable care of her and her posterity they would order the safe custody of all the Evidences relating to her Estate and that she might have the said 1000 l. per Annum which she was to have according to the agreement which then had not been paid her and so to consider of the illegal sufferings she had lain under and damages by her susteined as that right might be done according to justice And that William Alcock Administrator to the late Duke of Bucks the Countess of Denbigh and all others that pretended title to the Lord Purbecks Lands and the Archbishop of Canterbury Sir Henry Martin Knight and others imployed in the illegal Proceedings aforesaid may appear and answer To the end the Petitioner might receive relief and the offendors receive punishment according to their demerit If the Fine levied in 1661 Peruse the Lords Journal Febr. 10. 1640. by Robert Lord Purbeck be insisted upon to bar Robert his Son of his Honour Please to consider Ruthin's Case Resolved nemine contra dicente that no Peer of this Realm can drown or extinguish his Honour but that it descend to its descendants neither by Surrender Grant Fine or any other Conveyance to the King Resolved that no Person that hath any Honour in him and a Peer of this Realm may aliene or transfer his Honour to any other Person That amongst all the presidents insisted upon by Mr. Atturny General there is not one single instance of any one Peer his levying a fine of his Honour that had Issue-male born to claim the same after his Decease As to the Objection that John Lord Viscount Purbeck never had any Patent It is Answered That no Peer of the Realm can sit as a Viscount in the Lords House but must have a Patent which when he is first introduced is brought into the House by the Heralds at Arms and read by the Clerk of the Parliament That he had such a Patent is clear for otherwise there had been no need of his Petitioning the King to give him leave to surrender the same nor of the Kings accepting such surrender which it is plain his Majesty did do The Patent being surrendred 't is impossible for the Petitioner now to produce it nor can a Copy thereof be had from the Enrollment-Office because the same is cut out of the Roll as will plainly appear upon a view But when by whom or upon what account that was done is not known In the Signet and Privy-seal Book of Accounts for the 17 Jacob. it appears 6 l. 13 s. 4 d. was paid for the Fees of the said Patent due to those Offices The Docket of the said Patent was entered in the Crown-Office the 19 Jun. 17 Jacob. It was also enrolled in the Haniper-Office the 21 Jun. 17 Jacob. And no entry of any Docket is made in the Haniper till after the Grant passeth the great Seal nor in the Heralds-Office Nevertheless at the Heralds-Office in their Book of Partitions B. Fol. 18 mention is made the last November 17 Jacob. of the Partition of 18 l. received for the Fees of Viscount Purbeck both for his Barony of Stoak and Viscountship and of 18 s. received for a Receipt given for the said Money The King granted him 1000 l. per Ann. by Patent Jac. 18. by the name of Our Right and Well-beloved John Viscount Purbeck which certainly he would not have done nor the other accepted of by that name if he had not been a Viscount In the Lords Journal Jan. 20. where every day the Names of all the Lords were entered amongst the rest John Lord Viscount Purbeck is named and so every day forward to the 23 of Feb. when he is entered present and continued entered to the 3d. of March following when he is again entered present and is every day after entred till the 19 of King James In the Journal of that Parliament 21 22 Jac. John Lord Viscount Purbeck is every day entered to the time of Prorogation which was the 16 Feb. 1624. The first Parliament of that year 1 Car. his Lordship is entered in the Journal every day of the Session which cotinued from the 17 March 1627 to the 27 Jun. 1628.