THE further Depositions AND PROCEED IN THE House of Lords In the AFFAIR of the DUKE & DUCHESS OF NORFOLK.  
WITH THE BILL of DIVORCE.  
LONDON, Printed in the YEAR, 1692.   

The Oath Administered to the Duke of Norfolk's Witnesses, before the Lords in Parliament.  
YOU shall true Answer make to all such Questions as shall be asked you by this Honourable House, in Relation to the Charge of Adultery, brought in by the Duke of Norfolk, against the Duchess of Norfolk, with John German: 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 Duchess of Norfolk, without Favour or Affection to either Party. So help you God, and by the Contents of this Book.   

REASONS Offered to the Lords in Parliament For Receiving the following Bill of Divorce On the Behalf of his Grace the DUKE of NORFOLK.  
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 Inferior Court, than there can be no other Proof, but Depositions taken in Writing.  
V That Mrs. Wharton's Case was received Originally in Parliament.    

The BILL brought into the House of Lords, by his Grace the Duke of Norfolk, for Dissolving the Marriage with the Duchess, and to Enable him to Marry again; which was Read once, and afterwards Thrown out.  
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 & 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, 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 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 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 & 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 Norfolk, 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 used in the Realm: And to have and enjoy all privileges, preeminences, 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 further enacted, That the said Henry Duke if Norfolk, shall be entitled to be Tenant by Courtesy, 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 Norfolk 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, manors, lands, or 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, manors, lands or hereditaments at any time heretofore made by the said Duke or any of his Ancestors or trusties 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 manors, 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, manors, lands or hereditaments of the said Duke, or any of his Ancestors or trusties, 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 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 manors, lands or hereditaments of any the Ancestors of the said Lady Mary, shall be from henceforth void, and of none effect.   

Depositions.  
RObert Welbourne saith, That about the middle of November last, the Duke of Norfolk sent for him by Mr. Scott, to meet his Grace in his Room by the Lord's House, which accordingly he did; his Grace told him, there had been some Messages and Proposals by Sir Robert Clayton, and Sir Robert Howard, but he looked on them both, to be Men of great Business, and could not attend upon such Matters, and therefore he sent for him, the Witness, knowing him to be capable to understand, and willing to do any Service between Us: The first thing his Grace desired, was to acquaint his Wife, and the Lady Peterborough, and I think he named the Lord Peterborough, that he expected to be indemnified from the Duchess' Equipage; for, says he, I hear She is setting up a great Equipage, and I desire to be free from being obliged to pay for any of that; he, the Witness, told his Grace, That he thought he was misinformed, for all the Equipage, he the Witness saw, was a Coach, a Coachman, two Footmen, a pair of Horses, and two or three more Servants: But says his Grace, I formerly paid Money for Her to one Mourton, and should be unwilling to do so again; I presume my Lord Duke, said the Witness, that was a Debt contracted while your Grace and the Duchess lived together: But says his Grace, My Wife has some pretensions to Castle Rising, which I could sell without her consent, by losing 2000, or 2500 l. and besides, I very lately find, she hath also a pretention upon Billing, which I never knew till very lately, when I was upon Selling of that Reversion; but I should have been an ill Man to pretend to do that, if I had known of any such Encumbrance: Therefore I would have you tell my Wife, that if she will consent to the Sale of those Estates, and make me easy in that particular, let her consider wherein I may make her easy, and I shall do it: I know she was a great Lover of Drayton, and I suppose is so still, and She once offer me a considerable Sum of Money for my Life in it: Therefore, let her consider of this Matter, and if she can propose any thing for her ease and quiet on these Terms, I shall comply with her; I do not say it to Threaten her; but I am told, that for the reason of there being either Twenty one, or Twenty two Catholic Heirs of my Family, before one Protestant one; If I would— (here his Grace stopped) Says his Grace, You understand me: But he, the Witness, making no Answer, his Grace was pleased to say again, If I would bring a Bill of Divorce, I should obtain it on that Account: He the Witness, told his Grace, I should be sorry to hear of any such thing; but in Obedience to his Grace's Commands, his would acquaint the Duchess with it, and accordingly he did the same day, and Lady Peterborough both: Her Grace was very Angry at the Message, especially with that part that mentioned; and he the Witness was sent the next Morning to Mr. Scott to desire him to acquaint the Duke, That as he was my Lord Peterborough's Serv●●●, it was not fit for him to receive nor bring such Messages; but if his Grace had any thing to say, it was most proper by a Servant of his own, or to send for one of here's: I carried the Message next Morning to Mr. Scott, and at my return Home, the Duchess shown me a Letter she had writ to the Duke to the same purpose, and which was se●● to his Grace, but not 〈◊〉 him the Witness: Th● Duchess did declare when the Witness proposed the Sale of Castle-Ri●sing and Billing, as the Duke had desired, That she would never Consent. By any of this Discourse, it did not appear to him, the Witness, that the Duke shown any Inclinanations to live with the Duchess; nor did he the Witness understand it so.   

POSTCRIPT.  
THE Witnesses to prove several Matters of Fact in 1690. and 1691. were not Examined, the former being thought sufficient; only Mary eliot being Interrogated by the Council, declared farther, That she saw Mr. Germain's Y— d come from the Duchess Reeking, slimy, and limber, casting his Sp—m about the Room.   
FINIS.