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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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Hereditaments of the said Duke And that all Conveyances Jointures Settlements Limitations and Creations of Uses and Trusts of into or out of any Honours Mannors Lands or Hereditaments at any time heretofore made by the said Duke or any of his said Ancestors or Trustees unto or upon or for the use or benefit of the said Lady Mary or any the Issue of her Body or for raising discharging or counter-securing any the Mannors Lands or Hereditaments of the said Lady Mary or any of her Ancestors shall be from henceforth utterly void and of none effect And all and every the said Honours Mannors 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 Interests and in such manner and form as if the said Lady Mary was now naturally dead without any Issue of her Body And also That all Limitations and Creations of any Use Estate Power or Trust made by any of the Ancestors of the said Lady Mary unto or for the use or benefit of the said Duke his Heirs or Assigns out of any the Mannors Lands or Hereditaments of any of the Ancestors of the said Lady Mary shall be from henceforth void and of none effect 13 Januarii 1691. THE Duke of Norfolk's Bill aforesaid having been yesterday received and read The Dutchess of Norfolk presented the following Petition to Their Lordships this Day 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 Married to the Duke of Norfolk fourteen Years and upwards never had or received from her Husband any Intimation of a Misdemeanor on her part against him which joined to her Innocency of the Crime mentioned in the Bill makes this Proceeding before your Lordships very surprizing to her Her Person Estate and Honour which is more dear to her than her Life being now brought in question Your Petitioner humbly prays she may have a Copy of the particular Charge against her with the Names of the Witnesses and reasonable time allowed her to answer the same before any farther Proceedings upon the Bill Mary Norfolk Upon which Petition the following Order was made Die Mercurii 13 Januarii 1691. UPon reading the Petition of Mary Dutchess of Norfolk It is Ordered by the Lords Spiritual and Temporal in Parliament assembled That Sir Richard Reynes Sir Charles Hedges and Dr. Oxenden do attend this House to Morrow at ten of the Clock in the Forenoon Matth. Johnson Cler ' Parliamentor ' 14 Januarii 1691. After having heard the Civil Lawyers the following Order was made Die Jovis 14 Januarii 1691. AFter hearing this day the Civil Lawyers pursuant to the Order Yesterday upon reading the Dutchess of Norfolk's Petition It is Ordered by the Lords Spiritual and Temporal in Parliament assembled That his Grace the Duke of Norfolk shall being in the Charge against his Dutchess and particularly to the Person Time and Place by Saturday next at twelve of the Clock Matth. Johnson Cler ' Parliamentor ' 16 Januarii 1691. This Day the Duke of Norfolk brought in the following Charge against his Dutchess The Charge which Henry Duke of Norfolk Earl Marshal of England doth exhibit against his Wife Mary Dutchess of Norfolk before the Lords Spiritual and Temporal in Parliament assembled pursuant to their Lordships Order of the 14th of January 1691. is for the Crime of Adultery THE Person charg'd to commit the said Crime with the said Dutchess is John Jermaine of the Parish of S. Margaret's in the Liberty of Westminster The Times when the said Crime was committed were between the Months of June and December 1685. and several times since The Places where the said Crime was committed are at Whitehall Windsor and within the Parishes of S. Margaret's Westminster S. Martin's in the Fields S. James's S. Ann's within the Liberty of Westminster And in the Parish of Lambeth in the County of Surrey Norfolk and Marshal Upon which the following Order was made Die Sabbati 16 Januarii 1691. UPon reading this Day the Charge which Henry Duke of Norfolk Earl Marshal of England hath exhibited against his Wife Mary Dutchess of Norfolk for the Crime of Adultery It is Ordered by the Lords Spiritual and Temporal in Parliament assembled That her Grace the Dutchess of Norfolk do attend this House on Monday next or some Person on her behalf then to receive a Copy of the Charge against her Matth. Johnson Cler ' Parliamentor ' 19 Januarii 1691. The Answer of Mary Dutchess of Norfolk to the Charge exhibited against her by the Duke of Norfolk before the Lords Spiritual and Temporal in Parliament assembled THis Respondent is advised that the Charge exhibited by the Duke of Norfolk into this Honourable House against her as to Time and Place is too general and is not pursuant nor doth answer the end of your Lordships Order of the 14th instant made upon the humble Petition of this Respondent Wherefore she doth humbly hope and pray your Lordships will not oblige her to make any further Answer till the Duke shall bring in a particular and certain Charge as to Time and Place against her And this Respondent doth the rather humbly insist That your Lordships would please to require the Duke to be particular and certain in these material Circumstances of his Charge against her for that it appears by his own shewing therein that the supposed Crimes objected to her and alledged to be committed were above six Years before the Bill was offered to this Honourable House during most of which time at the advice and by the approbation of the Duke was and continued beyond the Seas to ease him in his Charge and Part He frequently declaring that when he should be more easie in his Fortune they should live together M. Norfolk Upon which Answer the following Order was made And the Duke's Second Charge delivered in the same Day Die Martis 19 Januarii 1691. IT is Ordered by the Lords Spiritual and Temporal in Parliament assembled That her Grace the Dutchess of Norfolk shall have a Copy of the Duke's Charge delivered this day against her And that she or Sir Thomas Pinfold do attend this House to Morrow at 11 of the Clock in the Forenoon to answer to the said Charge Matth. Johnson Cler ' Parliamentor ' Which Copy is as followeth The Charge which Henry Duke of Norfolk Earl Marshal of England doth exhibit against his Wife Mary Dutchess of Norfolk before the Lords Spiritual and Temporal in Parliament assembled pursuant to Their Lordships Order of the 14th of January 1691 is for the Crime of Adultery THE Person charged to commit the said Crime with the said Dutchess is one John Jermaine of the Parish of St. Margaret's Westminster The Times and Places when the said Crime was committed were at Whitehall in the
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