<!DOCTYPE ETS PUBLIC "-//UMDLPS//DTD EEBOPROOF 2.0//EN">
<ETS>
<TEMPHEAD>
<REVDESCR>
<CHANGE>
<DATE>2013-05-23</DATE>
<RESPSTMT>
<NAME>Sarah Wingo</NAME>
<RESP>MURP</RESP>
</RESPSTMT>
<ITEM>Proofed and reviewed as part of batch B120712.apex.</ITEM>
</CHANGE>
</REVDESCR>
</TEMPHEAD>
<EEBO>
<IDG S="marc" R="UM" ID="A81819">
<STC T="W">D2515</STC>
<STC T="C">R171857</STC>
<BIBNO T="oclc">45789275</BIBNO>
<VID>172586</VID>
</IDG>
<TEXT LANG="eng">
<BODY>
<DIV1 TYPE="text">
<PB N="3" REF="1" MS="y">
<HEAD>THE Duke of Norfolk's Ca&s;e: WITH REASONS for Pa&s;&s;ing his BILL.</HEAD>
<P>IF want either of Precedent for a <HI>Parliamentary Divorce,</HI> before going through the tedious and in|effectual Methods of <HI>Docters Commons,</HI> or of Demon&s;tration of Fact, have hitherto deprived the <HI>Duke of Norfolk</HI> of that Relief again&s;t his Wives Adultery, which the <HI>Divine Law</HI> allows; The late Statute made in the like Ca&s;e and the Coming in of Two, who while the <HI>Duke's</HI> former Bill was depending, had been &s;ent away to prevent that Di&s;covery which they now make; cannot but be thought to remove all Objections again&s;t an Act of Parliament, not only for the benefit of the <HI>Duke,</HI> but of the <HI>Publick;</HI> as a means to pre&s;erve the Inheritance of &s;o great an Office, and Honours to Per|&s;ons of the true Religion.</P>
<P>And &s;ince <HI>Bi&s;hop Cozens</HI> his Argument in the Lord <HI>Ro&s;s's</HI> Ca&s;e has made it Evident, That tho&s;e Ca|nons which govern the <HI>Spiritual Court</HI> in this matter, are but the remains of Popery; nothing can be now requi&s;ite to &s;atisfie the mo&s;t &s;crupulous of the <HI>Reformed Religion,</HI> but ro &s;et the Duke's Proofs of his Lady's Adultery in a true Light</P>
<P>The Reputation which the Dutche&s;s had maintained, of Wit and Di&s;cretion, made it difficult for many to believe, that &s;he could be &s;urprized in the very Act of Adultery, as had been formerly prov<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">d. And though then it appeared, that one <HI>Henry Keemer</HI> lived with the Dutche&s;s, while &s;he went by a feigned Name at an Hou&s;e hired for her at <HI>Fox-Hall,</HI> by Sr <HI>John German's</HI> Brother; and that <HI>Nicola,</HI> who then lived with <HI>Sir John,</HI> u&s;ed to receive <HI>Wood</HI> &s;ent from the Dutche&s;s to Sir <HI>John's</HI> hou&s;e by the Cock|pit; the withdrawing of <HI>Nicola;</HI> and carrying with him the <HI>Dutch</HI> Maid, equally Entru&s;ted with the &s;ecret on Sir <HI>John's</HI> &s;ide; left no Evidence of their Con&s;tant Conver&s;ation, but <HI>Keemer</HI> &s;ince dead, and <HI>Su&s;annah Barrington,</HI> who had the like Tru&s;t from the Dutche&s;s</P>
<P><HI>Keemer,</HI> though very unwillingly, &s;ome years &s;ince confe&s;&s;ed his living with the Dutche&s;s at <HI>Fox-hall,</HI> where he pretended &s;he was obliged to conceal her &s;elf for Debt; and what &s;hare <HI>Su&s;annah</HI> had in the &s;e|cret was unknown, till <HI>Nicola</HI> appeared: <HI>Nicola</HI> coming into <HI>England</HI> &s;ometime &s;ince in Expectation of a Service, expre&s;s'd his readine&s;s to di&s;cover what he knew and to Endeavour to bring with him the <HI>Dutch</HI> Maid.</P>
<P>She proves, That for two Months the fir&s;t Summer after the King came for <HI>England,</HI> Sir <HI>John Germain</HI> and the Dutche&s;s lived together <HI>as Man and Wife,</HI> and were &s;een in Bed<NOTE PLACE="marg"><HI>Eleanor Vane&s;s</HI> Exam. 22. <HI>Feb. 1699.</HI></NOTE> together by her, Mr. <HI>Bryan,</HI> and his VVife, Sir <HI>John's</HI> Si&s;ter: and that <HI>Nicholas Hau&s;eur,</HI> Sir <HI>John's Va<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">et<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">de Chambre,</HI> u&s;ed to be a&s;&s;i&s;ting to him; as the <HI>Dutche&s;s's Woman, Su&s;annah Barrington,</HI> was to her, at going to Bed, and ri&s;ing.</P>
<P>She proves the like Conver&s;ation at <HI>Fox-hall,</HI> and the Dutche&s;s's <HI>Hou&s;e</HI> at the <HI>Millbank,</HI> till the <HI>Duke's</HI> fir&s;t Bill for a Divorce was depending; within which time <HI>Nicholas Hau&s;eur,</HI> by Sir <HI>John's</HI> Order, carry|ed her away, and <HI>Su&s;annah Barrington,</HI> with intention of going for <HI>Holland,</HI> to prevent their being Exa|mined to what they knew; but the wind proving contrary, thev could not go till the Bill was rejected; and then Sir <HI>John</HI> fetch'd back <HI>Su&s;annah,</HI> who was mo&s;t u&s;eful to the Dutche&s;s; but <HI>Hau&s;eur</HI> went for <HI>Holland</HI> with <HI>Ellen.</HI></P>
<P>He confirms <HI>Ellen's</HI> Evidence in every particular; and be&s;ides the Per&s;ons mention'd by <HI>Ellen</HI> as privy to Sir <HI>John's</HI> lving with the Dutche&s;s, names Sir <HI>John's</HI> Brother <HI>Daniel. Nicholas</HI> having been found very tru&s;ty, his Ma&s;ter &s;ent for him to return to his Service; and gave him<NOTE PLACE="marg">Nicholas Hau&s;eur.</NOTE> the opportunity of proving the Continuance of the &s;ame Adulterous Conver&s;ation at &s;e|veral Times and Places, from the Summer 1692. to the <HI>26th.</HI> of <HI>April</HI> 1696. He &s;wears he had after his return to Sir <HI>John's</HI> Service, &s;een them in Bed together at Sir <HI>John's</HI> Hou&s;e, at the <HI>Cockpit,</HI> and at the Dutche&s;s's Hou&s;es at <HI>Millbank,</HI> and where &s;he now lives; and u&s;ed to be let into the Dutche&s;s's Apart|ment by <HI>Su&s;annah Barrington,</HI> or <HI>Keemer.</HI> Nor can any Man who &s;hall read the ample Te&s;timonials gi|ven Mr. <HI>Hau&s;eur</HI> by Sir <HI>John;</HI> by the la&s;t of which it appears that he &s;erved him faithfully as his Stew|ard, rea&s;onably que&s;tion <HI>Hau&s;eur's</HI> Credit.</P>
<P>Another who had been advanced by Sir <HI>John</HI> from his Footman to Mr. <HI>Hau&s;eur's</HI> place,<NOTE PLACE="marg">William Bayly.</NOTE> and from thence to a good Office in the Exci&s;e, very unwillingly confirmed the Te&s;timo|ny of <HI>Hau&s;er</HI> and the <HI>Dutch Maid,</HI> not only as to the time of their going from the Service of Sir <HI>John</HI> and the Dutche&s;s, but though being no Foreigner, he could not &s;o ea&s;ily be &s;ent away to prevent di&s;co|very, and therefore was not let &s;o far into the &s;ecret as <HI>Hou&s;eur</HI> and the <HI>Dutch Maid;</HI> yet he &s;wears the Dutche&s;s u&s;ed to come mask'd to his Ma&s;ter's Hou&s;e that he has gone with him as far as the <HI>Hor&s;e|ferry</HI> towards her Hou&s;e at the <HI>Mill-bank;</HI> that then his Ma&s;ter &s;ometimes <HI>lay out all Night,</HI> and the next morning he has <HI>carried Linnen and Cloaths</HI> for his <HI>Ma&s;ter</HI> to <HI>Keemer's</HI> Hou&s;e, or <HI>Keemer</HI> has fetch'd them from him: And this he proves to have been &s;ince the rejecting the former Bill, and about Five Years &s;ince when he was &s;ucceeded by <HI>Hau&s;eur,</HI> as before he had &s;ucceeded <HI>Hau&s;eur.</HI></P>
<P>Two other Foreigners, <HI>La Fountain</HI> who had lived with Sir <HI>John.</HI> and was Served with Summons at the <HI>Dutche&s;e's</HI> Hou&s;e at <HI>Dravton;</HI> and <HI>Hugonee,</HI> who ran away from the <HI>Lord Haver&s;ham's</HI> &s;ince Summons was taken out again&s;t him; &s;eem to have had the &s;ame Tru&s;t that <HI>Hau&s;eur</HI> had: for both declared. That nothing &s;hould oblige them to <HI>betray their Ma&s;ter's Secrets:</HI> One &s;aid, <HI>No Court could di&s;pen&s;e with his Oath of Secreey:</HI> and both declared they would immediately go beyond Sea. Summons have been taken out for Mr. <HI>Brian</HI> and his VVife, and Sir <HI>John Germain's</HI> Brother (who are, or lately were in Town) to confe&s;s
<PB N="4" REF="2"> or deny what <HI>Nichola</HI> and <HI>Ellen</HI> appeal to them for: and it cannot be imagined that Sir <HI>John</HI> &s;hould chu&s;e the Honour of being thought to have to do with a <HI>Dutche&s;s,</HI> before the Clearing her and him&s;elf from the Imputation, by bringing his Relations to di&s;prove the Charge, if what is &s;worn to be within their know|ledge is fal&s;e.</P>
<P>And if Sir <HI>John's</HI> Vanity &s;hould prevail with him, at lea&s;t it is to be pre&s;umed, that his Re|lations would be more ju&s;t to him and the Lady, than to &s;uffer any thing to pa&s;s again&s;t them, which they could with Truth and Ju&s;tice prevent.</P>
<P>But &s;ince none of them appear, the World will believe their ab&s;enting more than a thou&s;and Witne&s;&s;es, in confirmation of what Mr. <HI>Hau&s;eur, Ellen</HI> and <HI>Bayly,</HI> have &s;worn. Who&s;e Evidence not only &s;tands untouch'd by any thing offered by the <HI>Dutche&s;s's</HI> Witne&s;&s;es, but is plainly con|firmed by them in the principal parts.</P>
<P>This being the nature of the proofs, 'tis ob&s;ervable,</P>
<P N="1">1. That there never yet was any Ca&s;e of this kind, where the Evidence was not liable to greater Objections than can be made to this.</P>
<P>Though in the late&s;t Ca&s;e of this kind, there was full Conviction of the Ladies having Chil|dren while &s;he lived &s;eparate from her Husband; and the pre&s;umption was very violent who&s;e the Children were; yet this was but pre&s;umption, and that was weakned by the pre&s;umption in Law that they were the Husbands; e&s;pecially &s;ince there was no direct proof of the Lover's ever lying with her.</P>
<P N="2">2. Tho in that ca&s;e, by rea&s;on of the interval of Parliament, and fear of the deaths of Wit|ne&s;&s;es, a Suit was begun in <HI>Doctors Commons,</HI> 'twas taken from thence while the Suit was depend|ing; therefore that was rather an Objection again&s;t proceeding in Parliament than an Argument for it.</P>
<P N="3">3. In that Ca&s;e, &s;everal Witne&s;&s;es were examined at the Bars of both Hou&s;es, who had not been examined at <HI>Doctors Commons,</HI> nor any notice given of their Names before their Examination.</P>
<P N="4">4. It appears by that Ca&s;e, and the pre&s;ent, that the Examinations in Parliament are more &s;olemn and certain than tho&s;e of the Spiritual Court; which depend too much upon the Hone&s;ty of the Regi&s;ter, or his Deputy.</P>
<P N="5">5. Before that Ca&s;e, Parliaments have either broken through the Rules which<NOTE PLACE="marg">1 Eliz n. 31.</NOTE> bind the Spiritual Court, as in the Ca&s;e of the Duke of <HI>Norfolk, 1 Eliz.</HI> where the Parliament ratified a Marriage, <HI>as lawful according to God's Law; tho protracted and letted, by rea&s;on of certain Decrees and Canons of the Popes Law;</HI> or el&s;e have di&s;&s;olved a Mar|riage where there had been no application to <HI>Doctors Commons,</HI> as in the Ca&s;e of<NOTE PLACE="marg">2. &amp; 3. <HI>W. M.</HI></NOTE> Mrs. <HI>Wharton,</HI> who had been married to Mr. <HI>Cambel;</HI> and yet there had been no Examination of Witne&s;&s;es, but what had been before the two Hou&s;es.</P>
<P>So long before, in the Ca&s;e of Sir <HI>Ralph Sadler,</HI> upon proof before the two Hou&s;es that the Lady <HI>Sadlers</HI> former Husband had de&s;erted her and di&s;appeared for Four<NOTE PLACE="marg"><HI>37. H</HI> 8:</NOTE> Years before &s;he Marryed Sir <HI>Ralph,</HI> the Parliament Legitimated her Children by Sir <HI>Ralph.</HI></P>
<P>Whereas &s;ome Object again&s;t the Pa&s;&s;ing the Bill, as if it would countenance a Juri&s;diction in the Hou&s;e of Lords to examine to &s;uch matters, in the fir&s;t In&s;tance or Originally; the Ob|jection would be the &s;ame if it had begun, as it might, in the Hou&s;e of Commons; but in truth would be of equal force again&s;t mo&s;t private and &s;everal publick Acts, occa&s;ioned by the exa|mination of Witne&s;&s;es, or Notoriety of Fact.</P>
<P>Since therefore the Duke has &s;o long, and &s;o often in vain endeavoured to be freed from a Lady, publickly famed and proved to have lived with Sir <HI>John Germain,</HI> as his Wife; the Duke's former di&s;appointments cannot but be powerful Arguments for his &s;peedy obtaining that Ju&s;tice which the Spiritual Court cannot give him; their Power reaching no further than to that liberty of living as <HI>&s;he li&s;t;</HI> &s;ome years &s;ince &s;etled by Articles: But as none of le&s;s Art and Oratory than her Coun&s;el could have turned this into a Licen&s;e to commit Adultery, <HI>if &s;he Li&s;t,</HI> or a Pardon afterwards; had there not been evidence of her Acting according to &s;uch Con|&s;truction, the Duke would have hoped &s;he had repented of the former Injuries he had received from her; but now hopes &s;he &s;hall not longer continue to bear the Name of his Wife, and put him in danger of being &s;ucceeded by Sir <HI>John Germain's</HI> I&s;&s;ue, or deprive him of the ex|pectation of leaving his <HI>Honours, Offices,</HI> and <HI>E&s;tate,</HI> to a <HI>Prote&s;tant Heir.</HI></P>
</DIV1>
</BODY>
<BACK>
<DIV1 TYPE="license">
<P>BY Vertue of an Order, Obtain'd from His Grace the <HI>Duke</HI> of <HI>Norfolk, Earle Mar&s;hal</HI> of <HI>England: Jeremiah Wil|kins,</HI> is hereby Authoriz'd to Print, and Publi&s;h His Ca&s;e, and that no other do pre&s;ume to Print, or Publi&s;h the &s;ame.</P>
<P><HI>By His Grace the</HI> Duke <HI>of</HI> Norfolk'<HI>s Special Command.</HI></P>
</DIV1>
<DIV1 TYPE="colophon">
<P><HI>London,</HI> Printed by <HI>Jer. Wilkins,</HI> near <HI>Fleet-&s;treet,</HI> 1700.</P>
</DIV1>
</BACK>
</TEXT>
</EEBO>
</ETS>
