March
29th
.
1700.
I
Do
Appoint
Matthew
Gillyflower
and
John
Barnes
,
to
Print
the
Bill
for
my
Divorce
from
the
Lady
Mary
Mordant
,
with
the
Papers
and
Proceedings
thereunto
relating
,
and
that
no
other
Person
do
presume
to
Print
the
same
.
NORFOLKE
,
E.
M.
THE
PROCEEDINGS
UPON
THE
Bill
of
Divorce
Between
His
GRACE
the
DUKE
of
NORFOLKE
AND
THE
Lady
MARY
MORDANT
,
VIZ
.
-
I.
The
Journal
of
the
House
of
LORDS
,
together
with
the
BILL
.
-
II
.
The
Depositions
before
their
LORDSHIPS
.
-
III
.
The
Examination
and
Evidence
of
the
Duke's
Witnesses
.
-
IV
.
The
State
of
the
Case
on
both
sides
.
-
V.
Bishop
COUSENS's
Argument
,
proving
that
Adultery
causes
a
Dissolution
of
Marriage
.
-
VI
.
The
Pleadings
of
the
Learned
Council
,
before
the
Honourable
House
of
Commons
,
and
the
Committee
,
with
other
Matters
thereto
relating
.
LONDON
,
Printed
by
Matthew
Gillyflower
in
Westminster-Hall
,
and
John
Barnes
in
the
Pall-Mall
.
1700.
Die
Jovis
15.
Die
Februarii
,
1699.
UPON
Reading
the
Petition
of
Henry
Duke
of
Norfolk
,
D.
Norfolk's
Petition
.
praying
leave
to
bring
in
a
Bill
to
dissolve
his
Marriage
with
the
Lady
Mary
Mordant
,
and
to
enable
him
to
Marry
again
;
he
having
certain
proof
of
his
Wife's
living
in
Adultery
with
Sir
John
Germaine
,
It
is
Ordered
by
the
Lords
Spiritual
and
Temporal
in
Parliament
assembled
,
That
the
said
Petition
shall
be
taken
into
consideration
to
morrow
at
Eleven
of
the
Clock
,
and
all
the
Lords
summoned
to
attend
.
Die
Veneris
16.
Februarii
,
1699.
After
reading
the
Order
for
resuming
the
Consideration
of
the
Duke
of
Norfolk's
Petition
,
and
debate
thereupon
.
Bill
.
Hodie
prima
vice
lecta
est
billa
,
Entituled
an
Act
to
dissolve
the
Duke
of
Norfolk's
Marriage
with
the
Lady
Mary
Mordant
,
and
to
enable
him
to
Marry
again
.
In
the
words
following
,
Humbly
sheweth
and
complaineth
to
Your
most
Excellent
Majesty
,
your
true
and
faithful
Subject
Henry
Duke
of
Norfolk
and
Earl
Marshal
of
England
,
that
he
did
some
Years
since
marry
the
Lady
Mary
Mordant
his
now
Wife
,
and
that
she
hath
for
divers
Years
lived
in
Separation
from
the
said
Subject
,
and
hath
had
unlawful
Familiarity
and
adulterous
Conversation
with
Sir
John
Germaine
,
Bar
.
and
is
guilty
of
Adultery
on
her
part
,
and
hath
broken
the
Bond
of
Matrimony
.
For
as
much
therefore
as
your
said
Subject
hath
no
Issue
,
nor
can
hope
for
any
other
than
spurious
Issue
to
succeed
him
in
his
Honours
,
Dignities
and
Estate
,
unless
the
said
Marriage
be
declared
void
,
and
annulled
by
Parliament
,
and
your
said
Subject
be
enabled
to
marry
any
other
Woman
.
May
it
please
your
most
excellent
Majesty
,
out
of
your
Princely
Goodness
and
Compassion
to
your
said
Subject's
Misfortune
and
Calamity
,
and
for
the
future
Support
and
Comfort
of
himself
and
Family
,
that
it
may
be
enacted
,
And
be
it
enacted
by
the
King's
most
excellent
Majesty
,
by
and
with
the
Advice
and
Consent
of
the
Lords
Spiritual
and
Temporal
,
and
of
the
Commons
in
this
present
Parliament
assembled
,
and
by
the
Authority
of
the
same
,
that
the
said
Bond
of
Matrimony
being
violated
and
broken
by
the
manifest
open
Adultery
of
the
said
Lady
Mary
Mordant
,
be
,
and
is
hereby
enacted
,
declared
and
adjudged
to
be
from
henceforth
wholly
dissolved
,
annulled
,
vacated
,
and
made
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
Child
and
Children
born
in
such
Matrimony
,
shall
b●
deemed
,
adjudged
and
taken
to
be
born
in
lawful
Wedlock
,
and
to
be
legitimate
and
inheritable
,
and
shall
inherit
the
said
Dukedome
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
Priviledges
,
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
further
enacted
,
That
the
said
Henry
Duke
of
Norfolk
shall
be
entituled
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
entituled
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
,
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
Hereditaments
of
the
said
Duke
;
and
that
all
Conveyances
,
Ioyntures
,
Settlements
,
Limitations
and
Creations
of
Vses
and
Trusts
of
,
into
,
or
out
of
any
Honours
,
Mannours
,
Lands
or
Hereditaments
at
any
time
heretofore
made
by
the
said
Duke
;
or
any
of
his
Ancestors
or
Trustees
unto
or
upon
or
for
the
Vse
or
Benefit
of
the
said
Lady
Mary
,
or
any
the
Issue
of
her
Body
,
or
for
easing
,
discharging
or
counter-securing
any
the
Mannours
,
Lands
or
Hereditaments
of
the
said
Lady
Mary
,
or
any
of
her
Ancestors
,
shall
be
from
henceforth
,
so
far
as
concerns
the
said
Lady
Mary
or
any
Issue
of
her
Body
,
or
any
Interest
for
her
or
them
,
utterly
void
and
of
none
effect
;
and
all
and
every
the
said
Honours
,
Mannours
,
Lands
or
Hereditaments
of
the
said
Duke
or
any
of
his
Ancestors
or
Trustees
,
shall
from
henceforth
remain
and
be
to
and
for
the
Vse
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
Vse
,
Estate
,
Power
or
Trust
made
by
any
the
Ancestors
of
the
said
Lady
Mary
,
unto
or
for
the
Vse
or
Benefit
of
the
said
Duke
,
his
Heirs
or
Assignes
,
out
of
any
the
Mannours
,
Lands
or
Hereditaments
of
any
the
Ancestors
of
the
said
Lady
Mary
,
shall
be
from
henceforth
void
and
of
none
effect
.
This
Clause
was
added
after
the
Bill
was
brought
into
the
House
of
Lords
.
And
be
it
further
enacted
by
the
Authority
aforesaid
,
That
the
said
Duke
of
Norfolk
,
his
Heirs
,
Executors
,
Administrators
,
or
Assigns
,
shall
,
on
or
before
the
Five
and
twentieth
Day
of
March
One
thousand
seven
hundred
and
one
,
pay
or
cause
to
be
paid
unto
the
said
Lady
Mary
,
or
her
Assignes
,
the
Sum
of
ten
thousand
Pounds
of
lawful
Mony
of
England
,
which
was
the
Portion
in
Mony
paid
on
her
Marriage
with
the
said
Duke
;
and
on
default
of
Payment
of
the
said
Sum
of
ten
thousand
Pounds
,
on
or
before
the
said
Five
and
twentieth
Day
of
March
,
then
,
and
in
such
case
,
she
,
the
said
Lady
Mary
and
her
Assignes
,
during
her
Natural
Life
from
the
Decease
of
the
said
Duke
,
if
she
shall
survive
him
,
shall
be
entituled
to
,
and
shall
and
may
have
and
enjoy
such
Ioynture
and
other
Advantages
as
she
might
or
may
have
or
claim
by
vertue
of
a
certain
Indenture
,
Quinque-partite
,
made
upon
and
in
consideration
of
the
said
Marriage
,
bearing
date
the
thirteenth
Day
of
June
,
Anno
Domini
One
thousand
six
hundred
seventy
seven
,
and
made
or
mentioned
to
have
been
made
between
Henry
late
Duke
of
Norfolk
,
then
Earl
of
Norwich
,
Father
of
the
said
Duke
,
and
the
present
Duke
by
the
Name
of
Henry
Lord
Howard
of
the
first
part
,
Henry
Earl
of
Peterborow
and
the
said
Dutchess
by
the
Name
of
the
Lady
Mary
Mordant
,
sole
Daughter
and
Heir
apparent
of
the
said
Earl
of
Peterborow
of
the
second
part
,
Henry
Marquess
of
Worcester
,
William
Earl
of
Powis
and
Henry
Lord
Obrian
of
the
third
part
,
Arthur
Onslow
,
Esq
and
Thomas
Dalmatroy
,
Esq
of
the
fourth
part
,
Simon
Fox
,
Esq
and
Thomas
West
,
Gent
.
of
the
fifth
part
:
And
by
vertue
of
the
Agreements
contained
in
certain
Articles
bearing
date
the
eight
and
twentieth
day
of
April
,
in
the
Year
of
our
Lord
One
thousand
six
hundred
ninety
four
,
made
or
mentioned
to
have
been
made
between
the
said
Duke
of
the
one
part
,
and
the
said
Henry
Earl
of
Peterborow
on
behalf
of
the
said
Dutchess
,
and
the
said
Dutchess
of
the
other
part
,
according
to
the
true
Intent
and
Meaning
of
the
said
Quinque-partite
Indenture
and
Articles
,
and
also
during
the
joynt
Lives
of
the
said
Duke
and
Dutchess
shall
and
may
enjoy
Five
hundred
Pounds
per
Annum
by
vertue
of
an
Indenture
Quadrupartite
,
dated
the
fifteenth
day
of
June
,
One
thousand
six
hundred
ninety
four
,
made
or
mentioned
to
have
been
made
between
the
said
Duke
of
Norfolk
of
the
first
part
,
the
said
Earl
of
Peterborow
and
the
said
Dutchess
of
the
second
part
,
William
Lord
Lemster
of
the
third
part
,
and
Sir
John
Mordant
,
Knight
and
Barronet
,
and
William
Longueville
,
Esq
of
the
fourch
part
.
And
then
and
in
such
case
the
said
Duke
of
Norfolk
,
his
Heirs
,
Executors
and
Administrators
is
and
are
discharged
of
and
from
the
Payment
of
the
said
Sum
of
Ten
thousand
Pounds
,
any
thing
herein
contained
to
the
contrary
thereof
in
any
wise
notwithstanding
.
But
on
Payment
of
the
said
Ten
thousand
Pounds
in
manner
as
aforesaid
,
she
,
the
said
Lady
Mary
shall
be
wholly
barred
and
excluded
from
her
said
Ioynture
,
and
of
and
from
all
other
Advantages
out
of
the
Real
and
Personal
Estate
of
the
said
Duke
as
aforesaid
.
Dutchess
to
have
a
Copy
.
Upon
the
first
Reading
of
the
Bill
Entituled
an
Act
to
dissolve
the
Duke
of
Norfolk's
Marriage
with
the
Lady
Mary
Mordant
,
and
to
enable
him
to
Marry
again
,
It
is
ordered
by
the
Lords
Spiritual
and
Temporal
in
Parliament
assembled
;
that
the
Dutchess
of
Norfolk
may
have
a
Copy
of
the
said
Bill
,
And
that
his
Grace
the
Duke
of
Norfolk
shall
be
heard
by
his
Council
to
make
good
the
Allegations
of
his
Bill
,
on
Tuesday
next
at
Eleven
of
the
Clock
in
the
Forenoon
,
and
that
the
Dutchess
of
Norfolk
may
have
Councel
Councel
.
to
attend
at
the
same
time
,
if
she
please
.
Die
Sabbati
17.
Februarii
,
1699.
Upon
Reading
the
Petition
of
Mary
Dutchess
of
Norfolk
praying
to
be
heard
by
her
Councel
before
any
further
proceedings
be
made
on
the
Bill
,
Entituled
,
Dutchess's
Petition
.
An
Act
to
dissolve
the
Duke
of
Norfolk's
Marriage
with
the
Lady
Mary
Mordant
,
and
to
enable
him
to
Marry
again
,
It
is
ordered
by
the
Lords
Spiritual
and
Temporal
in
Parliament
assembled
,
that
the
Dutchess
of
Norfolk
shall
be
heard
by
her
Councel
as
desired
,
on
Tuesday
next
at
Eleven
of
the
Clock
in
the
Forenoon
.
It
is
Ordered
by
the
Lords
Spiritual
and
Temporal
in
Parliament
assembled
,
Duke's
Witnesses
.
That
William
Lane
,
and
John
Le
Fountain
,
Gent
.
do
attend
this
House
on
Tuesday
the
twentieth
day
of
this
instant
February
,
at
Ten
of
the
Clock
in
the
Forenoon
,
as
Witnesses
to
be
examined
on
the
behalf
of
the
Duke
of
Norfolk
.
Die
Lunae
19.
Februarii
,
1699.
It
is
Ordered
by
the
Lords
Spiritual
and
Temporal
in
Parliament
assembled
,
That
Mr.
Daniel
Germaine
,
Mr.
Simon
Briane
alias
de
Brienne
,
Mrs.
Anna
Maria
Briane
alias
de
Brienne
,
and
Mrs.
Judith
Possette
alias
Persode
do
,
and
they
are
hereby
required
to
attend
this
House
as
Witnesses
on
the
behalf
of
his
Grace
the
Duke
of
Norfolk
,
to
morrow
at
Eleven
of
the
Clock
in
the
Forenoon
.
Die
Martis
20.
Februarii
,
1699.
After
hearing
Councel
upon
the
Petition
of
the
Dutchess
of
Norfolk
,
pursuant
to
the
Order
of
the
Seventeenth
instant
,
as
also
Councel
Councel
.
for
the
Duke
of
Norfolk
,
the
following
Order
was
made
,
viz.
It
is
Ordered
by
the
Lords
Spiritual
and
Temporal
in
Parliament
assembled
,
That
this
House
will
hear
Witnesses
for
the
Duke
of
Norfolk
,
only
to
matter
of
Fact
,
since
the
rejecting
of
the
first
Bill
,
except
only
Mr.
Daniel
Germaine
,
Mr.
Simon
Briane
alias
de
Brienne
,
Mrs.
Anna
Maria
Briane
or
de
Brienne
,
Mrs.
Judith
Possette
or
Persode
,
Mrs.
Elianor
Vaness
,
who
are
at
liberty
to
give
Evidence
to
matters
of
Fact
before
that
time
,
which
were
not
then
before
the
House
;
and
are
hereby
required
to
attend
this
House
,
as
Witnesses
on
the
behalf
of
his
Grace
the
Duke
of
Norfolk
,
to
morrow
Morning
at
Eleven
of
the
Clock
.
It
is
Ordered
by
the
Lords
Spiritual
and
Temporal
in
Parliament
assembled
,
That
to
morrow
at
twelve
of
the
Clock
this
House
will
proceed
to
hear
Councel
and
Witnesses
for
the
Duke
of
Norfolk
,
to
make
good
the
Allegations
in
his
Bill
,
at
which
time
the
Dutchess
of
Norfolk's
Councel
shall
be
present
.
It
is
Ordered
by
the
Lords
Spiritual
and
Temporal
in
Parliament
assembled
,
That
William
Bayly
and
Edmund
Davies
do
,
and
they
are
hereby
required
,
to
attend
this
House
to
morrow
at
Eleven
of
the
Clock
in
the
Forenoon
,
as
Witnesses
to
be
examined
on
the
behalf
of
the
Duke
of
Norfolk
.
Die
Mercurij
21.
Februarii
,
1699.
The
House
being
informed
,
that
endeavours
had
been
made
to
serve
Orders
upon
the
Duke
of
Norfolk's
Witnesses
,
and
several
of
them
were
sick
,
and
others
could
not
be
found
,
Joseph
Whilley
being
called
in
and
Sworn
,
said
as
follows
.
Daniel
Germaine
—
I
went
to
his
House
and
was
told
by
a
Neighbour
no
body
was
within
,
but
they
bid
me
go
to
the
Alehouse
at
the
next
door
and
I
might
hear
of
him
;
and
enquiring
there
,
I
found
one
of
his
Journeymen
,
Peter
Hercules
,
who
told
me
he
had
not
been
at
home
these
six
Months
,
nor
could
not
tell
when
he
would
return
;
but
I
shewed
him
the
Original
Order
,
and
served
him
with
a
Copy
,
and
told
him
his
Master
was
to
appear
at
the
Duke
of
Norfolk's
Lodgings
,
at
the
House
of
Lords
to
morrow
at
Eleven
a
Clock
as
a
Witness
for
him
.
Mr.
Simon
Briane
,
I
went
to
his
House
in
St.
James's
Street
,
and
Mr.
Possette's
Man
,
Jer
.
Hoffman
,
came
to
the
Door
,
who
told
me
Mr.
Briane
went
to
Kensington
that
afternoon
;
and
no
sooner
had
he
said
so
,
but
Mr.
Possette
came
in
,
who
told
me
the
same
,
and
I
askt
him
to
speak
with
Mr.
Briane's
Wife
,
and
he
told
me
she
was
so
weak
,
that
I
could
not
serve
her
with
the
Order
.
Then
I
askt
to
see
Mrs.
Possette
his
own
Lady
,
he
likewise
told
me
she
was
sick
and
could
not
be
spoke
to
,
so
I
shewed
him
the
Original
Order
,
and
left
the
Copy
with
himself
for
his
Lady
and
Mr.
Briane's
Lady
,
and
forthwith
went
to
Kensington
to
serve
the
Order
upon
Mr.
Briane
,
but
not
meeting
with
him
after
a
great
deal
of
Inquiry
,
I
left
it
with
his
Maid-Servant
at
his
Lodgings
,
and
served
her
with
it
,
who
told
me
she
would
give
it
her
Master
that
Night
,
who
waited
for
the
King's
coming
from
Hampton-Court
.
This
Morning
I
went
again
to
his
House
at
St.
James's
,
and
sent
for
his
Servant
,
who
told
me
his
Master
did
not
come
to
Town
last
Night
,
so
I
believe
his
Maid
had
given
him
the
Order
.
Mrs.
Elianor
Vanesse
,
I
inquired
at
every
House
in
Kensington
,
where
I
was
informed
there
were
Dutch
People
,
and
could
not
know
of
any
of
them
of
any
such
Woman
;
but
the
Earl
of
Albemarle's
Steward
,
and
the
Porter
of
the
Lodge
going
into
Hide-Park
(
Kensington
)
promised
me
they
would
enquire
after
her
,
and
send
me
word
if
they
heard
of
such
a
Person
.
Then
George
Starkey
being
called
in
and
Sworn
,
said
as
followeth
,
I
served
William
Bayly
with
the
Order
of
this
House
,
to
attend
as
a
Witness
this
Day
,
he
told
me
he
was
under
a
Course
of
Physick
,
and
could
not
stir
out
without
danger
of
his
Life
,
but
any
other
Day
he
would
attend
.
Then
a
Certificate
under
the
Hands
of
John
Hutton
and
Theodore
Colladon
,
Doctors
of
Physick
was
produced
,
and
read
as
follows
.
We
whose
Names
are
under
written
,
Doctors
of
Physick
,
do
certifie
,
that
Mary
Wife
of
Simon
de
Brienne
,
and
Judith
Wife
of
Peter
Persode
,
have
been
for
some
time
,
and
are
at
this
present
,
so
extraordinary
ill
in
Bed
,
that
neither
of
them
can
remove
from
thence
,
without
danger
of
their
Lives
.
Witness
our
Hands
at
their
dwelling
House
,
in
St.
James's
street
,
betwixt
ten
and
eleven
of
the
Clock
in
the
Morning
,
the
21st
.
Day
of
February
1699
/
1700.
-
John
Hutton
.
-
Theodore
Colladon
.
After
which
the
following
Order
was
made
,
viz.
It
is
Ordered
by
the
Lords
Spiritual
and
Temporal
in
Parliament
Assembled
,
That
Doctor
John
Hutton
and
Doctor
Theodore
Colladon
(
who
signed
a
Certificate
delivered
and
read
this
Day
,
of
the
illness
of
Mrs.
Mary
,
Wife
to
Simon
de
Brienne
,
and
Judith
her
Sister
,
Wife
to
Mr.
Peter
Persode
)
do
attend
this
House
to
morrow
at
eleven
of
the
Clock
,
to
attest
upon
Oath
,
what
they
have
certified
.
Then
the
form
of
the
Oath
formerly
given
to
Witnesses
,
being
read
out
of
the
Journal
23.
Jan.
1691.
The
same
was
agreed
to
with
some
alteration
,
and
is
as
followeth
.
You
shall
true
Answer
make
to
all
such
Questions
as
shall
be
askt
you
by
this
Honourable
House
,
in
relation
to
the
Charge
of
Adultery
in
the
Bill
brought
in
by
the
Duke
of
Norfolk
,
against
the
Dutchess
of
Norfolk
,
with
Sir
John
Germaine
.
You
shall
declare
your
whole
knowledge
of
this
matter
,
and
shall
speak
the
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
Dutchess
of
Norfolk
,
without
Favour
or
Affection
to
either
Party
.
So
help
you
God
,
and
by
the
Contents
of
this
Book
.
Then
the
Councel
being
called
in
,
they
for
the
Duke
having
opened
the
Nature
of
their
Evidence
,
Mrs.
Elianor
Vanesse
was
Sworn
,
and
being
asked
some
Questions
by
the
Duke's
Councel
,
she
appeared
to
be
a
Dutch
Woman
,
and
could
not
well
understand
English
,
and
an
Interpreter
being
offered
by
the
Duke's
Councel
;
Councel
withdrew
,
and
the
House
agreed
that
the
Dutchess's
Councel
should
have
an
Interpreter
also
;
and
the
Councel
being
called
in
again
,
were
told
so
by
Order
of
the
House
,
and
that
they
might
proceed
to
any
other
Witness
.
The
Duke's
Councel
desired
that
they
might
begin
with
Mrs.
Vanesse
,
and
withdrew
.
Then
the
following
Orders
were
made
.
It
is
Ordered
by
the
Lords
Spiritual
and
Temporal
in
Parliament
Assembled
,
That
the
Agents
for
the
Duke
of
Norfolk
,
do
forthwith
deliver
a
List
of
the
Witnesses
they
intend
to
examine
on
the
behalf
of
the
Duke
of
Norfolk
,
to
the
Dutchess
of
Norfolk
,
or
her
Agents
.
It
is
Ordered
by
the
Lords
Spiritual
and
Temporal
in
Parliament
Assembled
,
That
to
morrow
at
twelve
of
the
Clock
,
this
House
will
proceed
to
hear
Councel
and
Witnesses
for
the
Duke
of
Norfolk
,
to
make
out
the
Allegations
in
his
Bill
,
at
which
time
the
Dutchess
of
Norfolk's
Councel
shall
be
present
.
It
is
Ordered
by
the
Lords
Spiritual
and
Temporal
in
Parliament
Assembled
,
That
Daniel
Germaine
,
Simon
Briane
alias
de
Brienne
,
Anna
Maria
Briane
alias
de
Brienne
,
Judith
Possette
,
alias
Persod●
,
—
Goutaken
,
—
Pontack
,
Susanna
Barrington
,
—
Hi●gonee
,
Mrs.
Keemer
,
Joseph
Barger
,
William
Lane
,
John
Le
Fountaine
,
Jonathan
Browne
,
—
Hater
,
and
—
Welburne
do
,
and
they
are
hereby
required
to
attend
this
House
to
morrow
at
eleven
of
the
Clock
in
the
forenoon
,
as
Witnesses
to
be
examined
on
the
behalf
of
the
Duke
of
Norfolk
.
It
is
Ordered
by
the
Lords
Spiritual
and
Temporal
in
Parliament
Assembled
,
That
William
Allen
and
John
Maitland
do
,
and
they
are
hereby
required
to
attend
this
House
,
on
Service
of
this
Order
,
as
Witness●s
to
be
examined
on
behalf
of
the
Duke
of
Norfolk
Die
Jovis
22.
Februarii
,
1699.
The
House
being
informed
that
Sir
Theodore
Colladon
,
and
Doctor
Hutton
attended
,
as
Ordered
yesterday
.
Sir
Theodore
Colladon
being
called
in
and
Sworn
,
says
he
saw
Mrs.
De
Briane
yesterday
,
she
was
very
ill
fainting
in
Bed
,
and
scarce
able
to
live
.
Mrs.
Persode
he
also
visited
,
who
having
miscarried
by
a
fright
,
could
not
stir
out
of
her
Bed
without
hazard
of
her
Life
.
Doctor
Hutton
being
called
in
and
Sworn
,
says
he
visited
Mrs.
Mary
de
Briane
this
Morning
,
she
hath
been
sick
three
Months
,
is
in
an
ill
Condition
of
Health
,
and
it
will
endanger
her
Life
if
she
comes
abroad
.
Mrs.
Persode
is
very
ill
,
she
cannot
come
out
of
her
Bed
without
endangering
her
Life
.
Then
the
Councel
were
called
in
for
the
Duke
and
Dutchess
of
Norfolk
.
The
Dutchess's
Councel
moved
to
have
the
Witnesses
Christian
Names
,
and
place
of
their
abode
,
and
said
they
had
not
the
Names
'till
this
Morning
.
Then
the
two
Interpreters
took
the
following
Oath
.
You
shall
well
,
truly
,
and
faithfully
interpret
between
the
House
and
Elianor
Vanesse
,
the
Witness
,
touching
the
matters
she
shall
give
in
Evidence
.
Councel
being
withdrawn
,
the
House
agreed
to
tell
the
Duke's
Councel
,
that
they
might
proceed
to
examine
Witnesses
that
were
named
the
day
before
.
And
that
if
the
Dutchess's
Councel
had
any
Exception
,
they
might
now
make
it
against
them
or
their
Testimony
,
and
that
the
Duke's
Agents
should
give
the
Christian
Names
of
their
Witnesses
,
and
as
much
as
they
can
of
the
places
of
their
abode
to
the
Agents
of
the
Dutchess
.
The
Councel
being
called
in
again
,
were
told
what
was
agreed
by
the
House
touching
the
Witnesses
:
Then
the
Duke's
Councel
proceeded
and
called
in
Elianor
Vanesse
,
who
being
askt
several
Questions
by
the
Duke's
Councel
,
the
Interpreter
askt
them
of
her
in
Dutch
,
and
she
answered
again
to
the
Interpreter
,
and
he
declared
her
answers
to
the
House
in
English
.
Nicholas
Hauseur
,
being
Sworn
in
like
manner
,
gave
his
Testimony
in
French
by
an
Interpreter
.
Then
Councel
being
withdrawn
,
the
following
Orders
were
made
,
viz.
It
is
Ordered
by
the
Lords
Spiritual
and
Temporal
in
Parliament
Assembled
,
That
the
Short-hand
Writers
,
who
took
the
Witnesses
Evidence
,
do
dictate
to
a
Clerk
in
Order
to
be
transcribed
what
the
Witnesses
have
said
,
and
that
the
Examinations
with
the
Short-hand
Writer's
Book
and
Papers
are
to
be
sealed
up
and
kept
by
the
Clerk
until
the
next
day
the
House
shall
proceed
on
this
matter
,
and
then
what
is
transcribed
shall
be
read
at
the
Bar
in
the
presence
of
the
Witness
.
It
is
Ordered
by
the
Lords
Spiritual
and
Temporal
in
Parliament
Assembled
,
That
on
Saturday
next
at
twelve
of
the
Clock
,
this
House
will
proceed
to
hear
Councel
and
Witnesses
for
the
Duke
of
Norfolk
to
make
out
the
Allegations
of
his
Bill
,
at
which
time
the
Dutchess
of
Norfolk's
Councel
shall
be
present
.
It
is
Ordered
by
the
Lords
Spiritual
and
Temporal
in
Parliament
Assembled
,
That
Simon
Briane
alias
de
Brienne
,
shall
be
and
is
hereby
required
to
attend
this
House
,
on
Saturday
next
at
eleven
of
the
Clock
in
the
forenoon
,
to
be
Examined
as
a
Witness
on
behalf
of
the
Duke
of
Norfolk
.
Die
Veneris
23.
Februarii
,
1699.
It
is
Ordered
by
the
Lords
Spiritual
and
Temporal
in
Parliament
Assembled
,
That
James
Berger
,
Susannah
Barrington
,
Frances
Knight
,
and
James
Mackdonnell
,
shall
,
and
they
are
hereby
required
to
attend
this
House
to
morrow
at
eleven
of
the
Clock
in
the
forenoon
,
as
Witnesses
to
be
Examined
on
the
behalf
of
the
Duke
of
Norfolk
.
Die
Sabbati
24.
Februarii
,
1699.
The
House
being
moved
,
that
Mr.
Simon
Briane
or
De
Brienne
may
be
sent
for
in
Custody
,
for
not
having
attended
according
to
the
Order
of
this
House
,
as
a
Witness
for
the
Duke
of
Norfolk
.
Hereupon
Thomas
Kellett
was
called
in
,
and
being
Sworn
,
said
to
this
effect
,
viz.
I
went
to
the
House
of
the
Dutchess
of
Norfolk
,
and
inquired
for
Mrs
Susannah
Barrington
,
and
if
she
lived
there
,
a
Man
said
no
:
I
asked
if
he
could
tell
me
where
she
was
,
he
said
no
.
Then
I
went
to
serve
Mr.
Simon
Briane
or
de
Brienne
,
and
being
at
his
House
enquired
for
him
,
his
Man
said
,
his
Master
was
gone
to
Kensington
;
he
took
the
Order
and
said
he
would
give
it
his
Master
.
I
went
to
the
Lord
Cutts's
House
,
and
asked
for
one
Mr.
Berger
,
but
could
not
hear
of
him
;
I
went
to
my
Lord's
Stables
,
and
asked
his
Coachman
for
Mr.
Berger
,
he
said
he
lived
in
Hedge-Lane
;
there
I
went
and
found
his
Wife
,
and
delivered
the
Order
to
her
,
she
said
she
would
have
nothing
to
do
with
it
,
and
that
Mr.
Germaine
gave
him
Bread
.
I
saw
him
yesterday
,
and
he
told
me
he
had
been
with
the
Duke
of
Norfolk
,
and
would
attend
him
again
.
I
went
again
to
the
Dutchess
of
Norfolk's
House
to
serve
Mrs.
Barrington
,
and
one
told
me
she
was
seen
look
out
of
a
Window
,
and
another
told
me
she
was
at
home
,
so
I
could
not
serve
the
Order
on
her
.
The
House
being
informed
upon
Oath
,
That
a
Copy
of
the
Order
for
Mr.
Simon
Briane
or
de
Brienne
to
attend
this
House
,
as
a
Witness
for
the
Duke
of
Norfolk
,
was
left
with
his
Servant
at
his
dwelling
place
,
and
he
not
attending
this
House
,
It
is
Ordered
by
the
Lords
Spiritual
and
Temporal
in
Parliament
Assembled
,
That
the
Serjeant
at
Arms
,
attending
this
House
,
do
forthwith
attach
the
Body
of
the
said
Simon
Briane
or
de
Brienne
,
and
bring
him
to
the
Bar
of
this
House
,
to
answer
for
his
Offence
:
And
this
shall
be
a
sufficient
Warrant
on
that
behalf
.
To
the
Serjeant
at
Arms
attending
this
House
,
his
Deputy
or
Deputies
,
and
every
of
them
.
The
House
was
informed
that
one
Hugonee
,
Servant
to
the
Lord
Haversham
,
being
summoned
was
since
gone
away
.
Of
which
the
Lord
Haversham
gave
the
House
an
account
to
this
effect
,
That
he
received
a
Letter
from
the
Duke
of
Norfolk
,
wherein
he
desired
his
Servant
might
attend
the
House
this
day
.
And
his
Lordship
writ
an
answer
that
he
should
.
But
when
his
Lordship
arose
in
the
Morning
his
Servant
was
gone
away
,
and
told
the
Landry
Woman
or
Servants
,
he
had
a
Quarrel
,
and
was
going
for
Holland
.
The
Councel
and
Witnesses
being
called
in
for
the
Duke
of
Norfolk
,
the
Dutchess's
Councel
present
,
and
M.
Vanesse
at
the
Bar
,
the
transcribed
Depositions
from
the
Short-hand
Writer
were
read
to
her
,
and
she
signed
them
.
In
like
manner
Nicholas
Hauseur's
Deposition
was
read
,
and
he
signed
it
.
Then
the
Councel
proceeded
,
and
Examined
William
Bayly
,
and
his
Deposition
was
taken
in
Short-hand
,
was
left
with
the
Clerk
to
be
transcribed
,
in
Order
to
be
read
to
him
on
Monday
next
.
Councel
withdrew
,
and
it
was
Ordered
that
William
Bayly
do
attend
this
House
on
Monday
next
.
Then
the
following
Orders
were
made
.
It
is
Ordered
by
the
Lords
Spiritual
and
Temporal
in
Parliament
Assembled
,
That
on
Monday
next
at
twelve
of
the
Clock
this
House
will
proceed
to
hear
Councel
and
Witnesses
for
the
Duke
of
Norfolk
,
at
which
time
the
Dutchess
of
Norfolk's
Councel
shall
be
present
.
It
is
Ordered
by
the
Lords
Spiritual
and
Temporal
in
Parliament
Assembled
,
That
Mr.
Secretary
Vernon
be
desired
to
send
to
this
House
on
Monday
next
at
eleven
of
the
Clock
,
the
Books
wherein
the
Entries
of
Passes
are
in
the
Months
of
January
,
February
,
and
March
,
One
Thousand
six
Hundred
ninety
one
.
Die
Lunae
26.
Februarii
,
1699.
The
Councel
for
the
Duke
and
Dutchess
of
Norfolk
were
called
in
,
and
the
Examination
of
William
Bayly
was
read
to
him
,
and
he
being
cross
Examined
by
the
Dutchess's
Councel
,
and
that
Examination
read
to
him
,
he
signed
them
.
Then
John
Curry
was
called
in
and
Sworn
,
said
,
I
went
to
serve
Mr.
La
Fountaine
,
and
Mr.
Lane
with
the
Order
for
their
Attendance
.
Mr.
La
Fountain's
Wife
lay
in
,
he
said
he
could
not
be
forced
to
come
,
he
was
not
a
Subject
of
England
,
and
is
the
Lady
Dutchess's
Servant
.
Mr.
Lane
gave
me
a
Letter
to
the
Clerk
of
the
Parliament
,
which
was
read
,
and
in
it
he
desired
further
time
,
not
having
Horses
,
nor
could
ride
fast
.
The
Dutchess's
Councel
moved
for
Copies
of
the
Depositions
taken
,
and
time
for
the
Dutchess
to
be
heard
,
and
withdrew
.
Then
the
following
Orders
were
made
,
(
viz.
)
An
Order
for
both
Parties
to
have
Copies
of
the
Depositions
,
and
so
much
as
relates
to
that
matter
in
the
Journal
.
The
other
for
hearing
the
Dutchess
by
her
Councel
,
on
Monday
next
,
and
the
Duke's
Councel
then
to
be
present
.
Depositions
of
Elianor
Vaness
.
Die
Jovis
22.
Februarii
,
1699.
ELIANOR
Vaness
Sworn
,
Deposeth
as
followeth
,
(
viz.
)
Quest
.
D'
ye
know
Sir
John
Germaine
and
the
Dutchess
of
Norfolk
?
Answ
.
Yes
.
Q.
How
long
have
you
known
them
?
A.
Two
Years
.
Q.
When
did
you
first
come
acquainted
with
them
?
A.
Sir
John
Germaine's
Sister
hired
me
for
a
Cookmaid
the
Summer
after
the
King
came
for
England
.
Q.
In
what
Month
of
that
Year
?
A.
In
May
.
Q.
Did
you
live
with
either
of
them
as
a
servant
Maid
?
A.
I
lived
two
Months
with
my
Lady
Dutchess
,
in
Sir
John
Germaine's
House
.
Q.
How
long
did
you
live
in
the
House
with
them
?
A.
Till
they
went
to
Fox-Hall
.
Q.
How
long
was
the
Dutchess
in
the
House
before
they
went
to
Fox-Hall
?
A.
two
Months
.
Q.
Where
was
that
House
?
A.
Just
over
Spring
Garden
.
Q.
At
the
time
when
the
Lady
Dutchess
lived
with
Sir
John
Germaine
,
what
Company
and
Conversation
did
they
keep
with
one
another
,
and
in
what
manner
?
A.
Like
Man
and
Wife
?
Q.
Where
was
it
the
Lady
Dutchess
lived
when
you
came
first
into
England
?
A.
In
Sir
John
Germaine's
House
.
Q.
Where
did
she
live
then
?
A.
The
Dutchess
lived
there
then
.
Q.
How
long
continued
she
there
?
A.
About
two
Months
.
Q.
How
did
they
live
together
during
that
time
?
A.
Like
Man
and
Wife
.
Q.
Saw
you
them
in
Bed
together
at
any
time
,
at
that
place
in
the
Cockpit
?
A.
Yes
.
Q.
How
often
?
A.
Many
times
,
as
often
as
Man
and
Wife
she
saw
them
in
Bed
,
but
did
not
put
them
in
Bed
in
those
two
Months
.
Q.
Did
you
think
any
otherwise
but
that
they
had
been
Man
and
Wife
?
A.
She
did
not
at
first
,
but
afterwards
she
did
,
and
then
they
kept
her
within
Doors
,
for
fear
she
should
tell
it
.
Q.
Whither
did
the
Dutchess
go
after
that
two
Months
?
A.
To
Fox-Hall
.
Q.
How
long
did
she
live
there
?
A.
About
two
Years
?
Q.
Did
Sir
John
Germaine
use
to
come
and
keep
Company
with
the
Dutchess
there
?
A.
Yes
,
He
used
to
come
and
Dine
with
her
sometimes
,
and
he
lay
there
sometimes
.
Q.
What
Conversation
had
Sir
John
Germaine
with
the
Dutchess
at
Fox-Hall
?
A.
They
Conversed
together
as
Man
and
Wife
.
Q.
How
long
?
A.
Sometimes
one
night
,
sometimes
two
.
Q.
How
often
did
he
use
to
come
thither
?
A.
Sometimes
twice
,
sometimes
three
times
a
week
,
and
sometimes
but
once
.
Q.
Had
they
one
Bed
or
two
?
A.
But
one
.
Q.
What
Name
did
the
Dutchess
go
by
at
Fox-Hall
?
A.
By
the
Name
of
the
Lady
Beckman
.
Q.
What
kin
was
Sir
John
Germaine
pretended
to
be
to
the
Lady
Dutchess
?
A.
Her
Brother
,
my
Lady
Dutchess
said
so
.
Q.
Did
you
go
with
them
to
Fox-Hall
,
or
not
?
A.
She
went
with
the
Lady
Dutchess
.
Q.
Whose
Servant
was
you
there
?
A.
Lady
Dutchess's
.
Q.
How
long
did
you
serve
the
Lady
Dutchess
.
A.
She
staid
with
her
till
she
went
to
Millbanck
.
Q.
How
came
you
to
leave
their
Service
?
A.
They
sent
her
away
upon
the
account
of
the
late
Tryal
.
Q.
Who
went
with
you
?
A.
Mrs.
Susannah
,
Chambermaid
to
the
Lady
Dutchess
,
and
Mr.
Nicholas
,
that
was
Gentleman
to
Sir
John
Germaine
.
Q.
What
's
his
Name
?
A.
Nicholas
Hosier
.
Q.
Who
took
care
of
your
passage
?
A
Nicholas
Hosier
.
Q.
Whither
was
you
ordered
to
go
?
A.
To
Holland
to
the
Hague
,
they
paid
her
in
full
and
promised
fifty
Livers
besides
.
Q.
Was
any
part
of
it
paid
,
and
by
whom
?
A.
She
receiv'd
it
in
four
Quarters
from
his
Brother
Philip
at
the
Hague
.
Q.
Whose
Brother
?
A.
Sir
John
Germaine's
Brother
▪
Q.
Who
hired
you
when
you
came
to
England
?
A.
Mr.
Briane's
Wife
.
Q.
What
kin
is
she
to
Sir
John
Germaine
?
A.
His
Sister
;
and
they
promised
if
matters
did
not
go
for
the
Dutchess
,
she
would
come
to
Holland
her self
,
and
take
her
into
her
Service
again
.
Q.
Have
you
seen
Sir
John
Germaine
and
the
Dutchess
in
Bed
together
at
Millbank
?
A.
Once
or
twice
.
Q.
How
long
had
the
Lady
Dutchess
lived
at
Millbank
ere
you
left
her
Service
?
A.
Nine
or
ten
Weeks
.
Q.
How
came
you
to
see
them
in
Bed
together
.
A.
By
reason
none
was
suffered
to
come
into
the
Room
,
the
Bedchamber
,
but
she
and
another
Maid
,
to
bring
necessaries
,
as
Water
to
Wash
their
hands
,
and
to
clean
the
Room
.
Q.
Did
you
see
them
at
their
undressing
when
they
went
to
Bed
?
A.
She
undressed
them
her self
,
and
saw
them
in
Bed
.
Q.
Give
an
account
how
you
two
came
to
be
admitted
into
the
Chamber
,
and
what
you
saw
there
?
A.
She
help'd
them
to
Bed
,
and
saw
them
go
to
Bod
together
.
Q.
saw
you
them
next
Morning
?
A.
Yes
.
Q.
On
what
occasion
came
you
into
the
Chamber
in
the
Morning
?
A.
She
came
with
Chocolate
,
and
Water
to
wash
their
Hands
.
Q.
Did
you
ever
see
Mr.
Nicholas
H●sier
there
?
A.
Yes
,
He
did
the
Business
that
she
did
,
when
she
could
not
be
present
;
he
was
Valet
de
Chambre
.
Q.
Was
he
Valet
de
Chambre
to
Sir
John
Germaine
,
or
to
the
Dutchess
?
A.
He
belonged
to
the
Dutchess
at
Fox-Hall
,
and
afterwards
to
Sir
John
Germaine
.
Q.
Came
he
to
Sir
John
Germaine
before
the
Lady
Dutchess
went
to
Fox-Hall
,
or
not
?
A.
The
Dutchess
was
at
Fox-Hall
when
he
came
to
Sir
John
Germaine
.
Q.
Who
lived
with
the
Dutchess
at
Fox-Hall
?
A.
Sir
John
Germaine's
Sister
.
Q.
Who
hired
you
?
A.
Mrs.
Briane
,
Mr.
Briane's
Wife
.
Q.
Was
there
no
other
Relation
of
Sir
John
Germaine's
that
lived
there
besides
?
A.
Mrs.
Judith
.
Q.
What
Mrs.
Judith
,
what
's
her
name
?
A.
She
does
not
know
.
Q.
What
kin
was
Mrs.
Judith
to
Sir
John
Germaine
?
A.
His
Sister
.
Q.
Did
the
Dutchess
use
to
go
to
no
other
place
?
A.
None
but
to
the
Neighbouring
Gardens
to
gather
Flowers
.
Q.
When
you
were
at
Millbank
did
you
ever
see
the
Dutchess's
Father
?
A.
She
hath
been
several
times
at
the
Dutchess's
Fathers
,
and
the
Lady
Dutchess
told
her
Father
and
Mother
that
she
brought
her
from
Holland
;
she
dressed
three
Dishes
of
Meat
by
order
of
the
Dutchess
.
Q.
Who
was
the
Lady
Dutchess's
Father
,
where
did
he
live
?
A.
He
lived
at
Millbank
,
but
could
not
tell
his
name
;
the
Lord
Peterborow
,
she
says
,
but
could
not
think
on
't
before
now
.
Q.
When
she
lived
with
Germaine
at
the
Cockpit
,
was
there
no
other
that
lived
with
them
at
that
time
?
A.
No
Body
.
Q.
Did
Sir
John
Germaine's
Brother-in-Law
or
Sister
lye
in
the
House
at
any
time
?
A.
Yes
,
when
they
came
first
to
England
they
used
to
lye
there
.
Q.
Name
them
?
A.
Mr.
Briane
,
and
his
Wife
.
Q.
Did
you
see
any
of
Sir
John
Germaine's
Relations
at
any
time
in
the
Room
during
the
time
that
the
Dutchess
was
in
Bed
with
him
?
A.
Yes
,
Mr.
Briane
and
his
Wife
.
Q.
Was
Sir
John
Germaine
in
Bed
at
that
time
with
the
Dutchess
?
A.
Yes
.
Elianor
Vaness
cross
Examined
.
Q.
Was
it
at
Fox-Hall
that
the
Lady
Dutchess
said
that
Germaine
was
her
Brother
?
A.
Yes
.
Q.
Did
the
Dutchess
tell
you
that
Sir
John
Germaine
was
her
Brother
?
A.
She
gave
it
out
among
the
Neighbours
,
but
never
told
her
so
.
Q.
Was
you
Cookmaid
?
A.
She
was
hired
for
Cookmaid
.
Q.
Did
you
continue
to
act
as
Cookmaid
?
A.
Yes
,
at
Fox-Hall
.
Q.
Was
you
at
the
Cockpit
?
A.
She
used
to
clean
the
Rooms
,
and
no
body
was
suffered
to
come
into
the
Room
but
she
,
Mrs.
Susannah
,
and
Nicholas
.
Q.
Was
there
no
other
Woman
in
the
House
but
you
?
A.
Yes
,
Mrs.
Susannah
.
Q.
Where
did
you
see
Sir
John
Germaine
and
the
Lady
Dutchess
in
Bed
?
A.
At
Fox-Hall
.
Q.
When
came
you
fr●m
Holland
?
A.
About
five
or
six
Weeks
ago
.
Q.
Where
have
you
been
since
?
A.
She
does
not
know
no
place
nor
Street
in
London
.
Q.
How
came
you
over
?
A.
About
a
Year
and
half
ago
,
she
met
Nicholas
at
Amsterdam
;
She
asked
him
how
he
did
,
and
if
he
had
got
a
place
,
he
answered
no
,
but
he
believed
he
should
very
soon
have
one
in
England
.
Q.
Who
sent
for
you
,
or
brought
you
over
from
Holland
this
last
time
?
A.
She
met
Mr.
Nicholas
about
a
Year
ago
,
and
said
she
had
a
great
mind
to
go
and
live
in
England
again
,
and
he
said
he
would
get
a
place
for
her
.
Q.
Who
sent
for
her
?
A.
Does
not
know
.
Q.
When
you
came
over
,
who
paid
your
Passage
,
and
first
took
Care
of
you
?
A.
Nicholas
hath
given
her
what
she
spent
since
.
Q.
Who
brought
you
to
Town
,
and
who
furnished
you
with
Mony
,
and
where
did
you
Land
,
what
House
did
you
first
come
to
?
A.
She
Landed
at
Gravesend
.
Q.
Who
received
her
there
,
or
when
she
came
to
Town
,
brought
her
to
any
place
to
Lodge
at
?
A.
Nicholas
brought
her
to
a
place
where
she
was
secure
.
Q.
What
place
is
it
?
A
She
does
not
know
,
she
never
was
in
London
.
Q.
Did
you
not
live
at
Fox-Hall
,
and
at
Sir
John
Germaine's
House
in
the
Cockpit
?
A.
She
was
no
further
than
those
Houses
,
she
means
she
was
never
in
the
City
of
London
.
Q.
Where
is
the
House
she
has
been
at
these
six
Weeks
?
A.
She
can't
tell
where
abouts
it
is
.
Q.
Whether
was
you
not
sent
for
back
from
Holland
to
be
a
Witness
?
A.
No
,
knew
nothing
of
it
till
about
—
Now
about
eight
or
nine
Weeks
ago
.
Q.
In
what
Street
is
the
House
you
have
been
at
?
A.
I
Can't
tell
.
Q.
How
long
is
it
since
you
went
into
Holland
,
since
you
left
the
Dutchess's
Service
?
A.
About
eight
Years
ago
.
Q.
Did
you
never
tell
any
Body
the
occasion
of
your
going
over
?
A.
Yes
,
in
Holland
,
but
not
here
.
Q.
To
whom
did
you
tell
it
?
A.
To
a
great
many
.
Q.
Know
you
any
of
those
to
be
in
England
,
that
you
told
it
to
?
A.
Does
not
know
any
.
Q.
Did
you
ever
Discover
this
matter
of
your
own
account
,
or
was
you
asked
to
do
it
?
A.
I
said
I
would
tell
the
Truth
if
I
were
asked
.
Q.
Can
you
Name
the
Person
that
asked
you
?
A.
Mr.
Nicholas
.
Q.
Had
you
any
Discourse
about
this
matter
about
eight
Weeks
ago
?
A.
When
I
asked
Mr.
Nicholas
,
if
he
could
get
me
a
place
in
England
,
I
told
him
I
would
say
the
Truth
.
Q.
What
Discourse
had
you
with
Mr.
Nicholas
about
it
?
A.
I
asked
Mr.
Nicholas
whether
there
was
any
danger
of
any
such
thing
,
he
said
he
knew
nothing
of
it
.
Q.
Did
you
ever
discover
that
you
were
sent
out
of
the
way
into
Holland
?
A.
No
,
Q.
Whether
you
and
this
Gent
.
that
Interprets
,
have
not
talk'd
most
of
this
matter
before
you
came
hither
?
A.
No.
Q.
Who
have
you
talked
to
about
this
matter
,
since
you
came
into
England
,
besides
Nicholas
?
A.
No
Body
.
Q.
Are
you
a
Single
Woman
or
a
Married
Woman
?
A.
A
single
Woman
.
The
Duke's
Councel
.
Q.
Was
it
your
Business
to
look
after
the
Chamber
,
to
keep
the
Door
constantly
,
or
on
what
occasion
?
A.
I
us'd
to
Wash
the
Dutchess's
Cloaths
,
and
bring
to
Sir
John
Germaine's
House
,
and
keep
the
upper
Rooms
clean
,
where
Sir
John
Germaine
lay
.
Q.
Did
Susan
go
over
with
you
into
Holland
,
and
come
back
with
you
?
A.
Mr.
Nicholas
brought
me
into
a
Room
where
she
was
kept
,
and
I
stayed
a
while
with
her
.
Q.
Did
Susan
go
with
you
,
and
come
with
you
again
?
A.
Nicholas
,
and
Susan
,
and
I
,
were
in
a
Room
together
,
and
Mr.
Germaine
came
every
Night
when
the
House
was
broke
up
,
and
told
us
what
passed
.
Q
Did
Susan
go
to
Holland
with
you
?
whether
did
you
go
before
Nicholas
or
with
him
?
A.
Sir
John
Germaine
ordered
Nicholas
and
she
,
to
go
into
Holland
,
and
Nicholas
went
with
her
.
Signum
,
Elianor
Vaness
.
Depositions
of
Nicholas
Hauseur
.
Die
Jovis
22.
Februarii
,
1699.
Nicholas
Hauseur
Sworn
.
Q.
WHether
he
knows
Sir
John
Germaine
and
the
Dutchess
of
Norfolk
?
A.
Yes
Sir
,
I
understand
,
I
know
both
.
Q.
How
long
have
you
been
acquainted
with
Sir
John
Germaine
,
and
upon
what
occasion
?
A.
The
first
he
came
to
know
him
was
in
Suffolk-Street
.
Q.
Whether
ever
he
was
a
Servant
to
him
?
A.
Yes
,
I
was
a
Servant
to
him
there
.
Q.
When
was
it
you
first
came
into
Sir
John
Germaine's
Service
?
A.
It
was
above
half
a
Year
before
King
James
went
away
.
Q.
Did
you
live
with
Sir
John
or
the
Dutchess
?
A.
With
Sir
John
Germaine
.
Q.
Where
did
he
dwell
at
that
time
?
A.
He
had
Lodgings
at
the
Golden
Ball
.
Q.
Was
you
with
him
afterwards
when
he
was
at
the
Cockpit
?
A.
Yes
,
and
I
lived
with
him
at
the
Cockpit
too
.
Q.
At
that
time
did
you
know
the
Dutchess
of
Norfolk
?
A.
I
knew
her
,
because
they
told
me
she
was
so
.
Q.
Was
there
any
Lady
that
lived
with
Sir
John
Germaine
at
the
Cockpit
?
A.
At
that
time
there
was
Mrs.
Brienne
,
Sir
John
Germaine's
Sister
.
Q.
Was
there
any
body
else
us'd
to
lodge
there
?
A.
There
was
none
there
but
her
at
first
.
Q.
Was
there
any
other
afterwards
?
A.
Yes
,
about
two
or
three
Months
after
he
was
there
,
but
I
don't
justly
know
how
long
afterwards
.
Q.
Who
was
there
then
?
A.
There
was
his
Sister
,
by
Name
Mrs.
Judith
Germaine
.
Q.
Do
you
know
any
thing
about
the
Dutchess
of
Norfolk
at
that
time
?
A.
Yes
.
Q.
What
Conversation
had
Sir
John
Germaine
,
and
the
Dutchess
of
Norfolk
?
A.
She
was
in
the
House
,
and
they
eat
and
drank
together
,
and
lay
together
.
Q.
Where
was
that
?
A.
At
Sir
John
Germaine's
House
next
the
Cockpit
.
Q.
How
came
you
to
know
they
lay
together
?
A.
Because
I
was
his
Valet
de
Chambre
,
and
help'd
to
undress
and
put
him
to
Bed
.
Q.
Where
was
the
Dutchess
at
that
time
?
A.
The
Dutchess
was
sometimes
a-bed
,
and
sometimes
not
,
according
as
he
came
home
,
early
or
late
.
Q.
How
long
was
the
Dutchess
with
Sir
John
Germaine
at
the
Cockpit
?
A.
She
was
at
the
Cockpit
before
I
came
there
.
Q.
Whether
he
went
from
Sir
John
Germaine's
Service
,
after
he
came
to
live
there
?
A.
He
left
his
Service
several
times
.
Q.
When
was
the
first
time
he
went
from
Sir
John
Germaine's
Service
?
A.
The
first
time
he
left
his
Service
was
in
Suffolk-Street
.
Q.
How
long
was
it
before
he
came
to
live
with
him
again
?
A.
He
came
into
his
Service
again
,
the
Summer
after
this
present
King
came
into
England
.
Q.
What
time
of
the
Summer
was
it
?
A.
He
can't
justly
tell
that
.
Q.
Whether
the
Dutchess
was
there
before
he
came
to
the
Cockpit
or
not
?
A.
She
was
there
before
.
Q.
How
long
continued
she
there
?
A.
About
fifteen
Days
after
he
came
to
Sir
John
Germaine
.
Q.
In
what
manner
did
Sir
John
Germaine
and
the
Dutchess
live
there
during
those
fifteen
Days
?
A.
He
says
he
hath
already
explained
th●t
before
,
he
used
to
undress
him
and
put
him
a-bed
together
with
the
Dutchess
.
Q.
Where
did
the
Dutchess
live
after
she
went
from
Sir
John
Germaine's
House
?
A.
She
went
and
dwelt
at
Fox-Hall
.
Q.
By
what
Name
did
she
go
when
she
was
at
Fox-Hall
?
A.
She
went
by
the
Name
of
my
Lady
Beckman
.
Q.
Whether
he
went
with
her
,
or
continued
in
Sir
John
Germaine's
Service
?
A.
He
went
with
my
Lady
Dutchess
for
some
time
,
by
Sir
John
Germaine's
Order
,
he
was
sometimes
with
the
one
and
sometimes
with
the
other
,
sometimes
one
paid
him
and
sometimes
the
other
.
Q.
Whether
Sir
John
Germaine
went
to
Fox-Hall
?
A.
He
came
there
sometimes
,
he
has
seen
him
there
several
Nights
.
Q.
Whether
he
stayed
all
Night
there
?
A.
Sometimes
.
Q.
Whether
he
was
alone
,
or
any
Body
was
with
him
?
A.
There
was
some
Body
lay
with
him
.
Q.
Who
upon
his
Oath
?
A.
Madam
the
Dutchess
,
Madam
Beckman
.
Q.
How
know
you
that
?
A.
Because
he
undrest
him
when
they
lay
together
.
Q.
How
often
was
that
?
A.
He
can't
justly
say
how
often
,
but
it
was
several
times
.
Q.
What
Service
was
he
in
when
he
went
out
of
England
,
and
upon
what
Occasion
?
A.
He
left
Sir
John
Germaine's
Service
at
that
time
when
the
Tryal
was
depending
between
the
Duke
and
Dutchess
of
Norfolk
.
Q.
By
whose
Order
did
you
leave
that
Service
?
A.
He
desired
leave
.
Q.
How
came
you
to
leave
that
Service
at
that
time
?
A.
Because
he
was
afraid
he
should
be
obliged
to
come
and
speak
the
Truth
of
what
he
had
seen
.
Q.
Whether
any
went
with
him
,
and
who
went
from
their
Service
when
he
went
?
A.
There
were
two
Servants
of
the
Dutchess's
.
Q.
What
was
their
Names
?
A.
One
is
called
Susanna
Barrington
,
and
the
other
Elianor
Vaness
.
Q.
Whither
did
they
go
?
A.
He
was
ordered
by
Sir
John
Germaine
to
hire
Lodgings
for
them
where
they
should
be
unknown
and
private
.
Q.
What
was
the
reason
why
they
should
be
in
private
?
A.
He
knows
no
other
reason
,
but
the
difference
before
the
Parliament
between
the
Duke
and
Dutchess
of
Norfolk
;
he
was
obliged
to
take
the
Lodgings
because
the
Wind
was
contrary
for
them
to
go
for
Holland
,
and
took
private
Lodgings
for
them
by
the
Order
of
Sir
John
Germaine
.
Q.
What
became
of
Susan
Barrington
after
that
?
A.
She
stay'd
about
three
Weeks
with
him
,
and
then
Sir
John
Germaine
came
and
fetch'd
her
back
again
,
and
where
he
carried
her
he
does
not
know
.
Q.
What
became
of
Vanness
and
your self
afterwards
?
A.
When
the
Wind
favour'd
we
passed
the
Seas
.
Q.
What
time
of
the
Year
was
it
?
A.
It
was
about
Easter
that
he
came
into
Holland
.
Q.
What
time
he
went
from
his
Service
and
was
order'd
to
be
private
?
A.
It
was
about
the
time
of
the
Tryal
.
Q.
Whether
he
hath
any
Paper
under
Sir
John
Germaine's
Hand
for
his
Discharge
?
We
do
not
ask
it
,
but
only
to
refresh
his
Memory
.
The
Paper
was
dated
,
Eighth
February
,
One
thousand
six
hundred
ninety
two
;
reckoning
the
Year
to
begin
the
first
of
January
.
Whether
that
was
the
time
he
left
the
Dutchess's
Service
?
A.
Yes
,
about
six
or
eight
Weeks
after
he
went
to
Sea
.
Q.
Where
did
you
stay
in
the
mean
time
?
A.
In
the
Minories
near
the
Tower
.
Q.
How
came
you
to
stay
there
so
long
after
you
were
out
of
Service
,
before
you
went
beyond
Sea
?
A.
Because
the
Wind
was
contrary
.
Q.
Who
went
over
with
him
,
what
became
of
Elianor
Vaness
?
A.
She
went
with
him
to
Holland
.
Q.
Who
bare
her
Charges
thither
?
A.
Sir
John
Germaine
gave
him
seven
Guineas
to
pay
for
the
Expences
that
he
was
at
here
,
and
to
cross
the
Sea
.
Q
How
long
after
that
he
continued
in
Holland
,
before
he
came
into
England
?
A.
He
did
not
stay
long
in
Holland
,
but
went
into
his
own
Country
.
Q.
How
long
was
it
before
you
return'd
to
England
?
A.
The
Summer
following
.
Q.
Was
he
sent
for
over
into
England
,
and
by
whom
?
A.
Yes
,
Sir
John
Germaine
sent
to
him
often
,
by
himself
and
by
his
Brother
in
Holland
.
Q.
When
he
came
over
in
the
Summer
following
(
in
Ninety
two
)
whose
Service
did
he
come
to
?
A.
He
returned
to
Sir
John
Germaine
?
Q.
Where
did
he
live
at
that
time
?
A.
Where
he
lives
at
present
,
at
the
Cock-pit
.
Q.
Whether
after
he
came
back
in
the
Year
One
thousand
six
hundred
ninety
two
,
he
observed
any
Conversation
between
Sir
John
Germaine
and
the
Dutchess
?
A.
Yes
,
he
says
he
saw
them
come
together
at
their
House
.
Q.
What
more
?
A.
He
again
then
saw
them
a-bed
together
.
Q.
Where
?
A.
In
the
House
of
Sir
John
Germaine
.
Q.
How
often
may
that
be
?
A.
He
can't
justly
tell
how
often
.
Q.
Whether
it
was
often
or
not
?
A.
No
,
he
can't
say
very
often
.
Q.
When
was
the
last
time
he
ever
saw
them
a-bed
together
?
A.
The
last
time
he
saw
them
a-bed
was
not
at
the
Cock-pit
.
Q.
Where
then
?
A.
It
was
at
the
Dutchess's
own
House
,
where
,
as
he
believes
,
she
lives
still
.
Q.
Whereabouts
in
the
Town
?
A.
It
is
upon
a
Corner
of
the
Park
,
near
my
Lord
of
Oxford's
.
Q.
How
long
ago
since
he
saw
them
last
a-bed
together
?
A.
He
can't
justly
tell
the
time
,
it
was
about
two
or
three
Months
before
he
went
away
.
Q.
Did
he
mean
the
first
,
second
,
or
third
time
?
A.
It
was
two
or
three
Months
before
he
went
away
the
last
time
.
Q.
In
what
Year
did
he
go
away
the
last
time
?
Let
him
look
upon
any
Note
he
hath
to
refresh
his
Memory
.
Accordingly
he
look'd
upon
a
Paper
.
A.
't
is
the
twenty
seventh
of
April
,
One
thousand
six
hundred
ninety
six
.
Q.
Did
you
go
away
then
the
last
time
?
A.
Yes
,
he
says
,
that
't
was
the
last
time
he
left
his
Service
.
Q.
How
long
before
that
did
you
see
them
a-bed
together
?
A.
He
says
it
was
about
two
Months
and
a
half
before
he
left
the
Service
.
Q.
When
my
Lady
Dutchess
lived
at
Fox-hall
,
whether
he
can
name
any
Body
else
that
was
a
Servant
in
the
House
at
that
time
?
A.
Yes
,
there
was
Elianor
Vaness
.
Q.
What
Servant
was
she
?
A.
She
look'd
to
the
Kitchen
.
Q.
Whether
he
has
seen
her
in
the
Chamber
when
the
Dutchess
was
a-bed
there
?
A.
Yes
,
very
often
.
Q.
How
came
she
that
was
Cookmaid
to
be
in
the
Chamber
?
A.
He
says
he
can't
tell
the
reason
,
or
what
business
she
had
there
,
but
there
she
was
for
one
thing
or
other
,
best
known
to
her self
,
he
does
not
know
.
Q.
Whether
when
the
Dutchess
was
at
Fox-Hall
,
any
Relations
of
Sir
John
Germaine
came
to
her
there
?
A.
Yes
,
they
would
come
and
see
her
.
Q.
Who
were
they
?
A.
Mrs.
Brienne
and
Mrs.
Judith
,
he
says
he
does
not
remember
that
Mrs.
Brienne
has
layn
there
,
but
Mrs.
Judith
has
.
Q.
Where
it
was
,
and
upon
what
Occasion
he
met
with
Elianor
Vaness
after
he
carried
her
over
into
Holland
?
A.
I
met
her
in
Amsterdam
.
Q.
Whether
he
came
over
into
England
with
her
,
and
upon
what
occasion
?
A.
I
met
her
at
Amsterdam
,
and
she
askt
me
what
business
I
had
there
,
whether
I
had
a
Master
,
and
I
said
no
.
Q.
When
was
that
?
A.
About
a
Year
and
half
,
to
his
remembrance
.
Q.
Whether
he
came
over
with
her
the
last
time
?
A.
Yes
,
he
came
over
into
England
with
her
in
Company
,
about
six
or
seven
Weeks
since
.
Q.
Where
has
she
been
since
she
came
into
England
?
A.
She
was
in
Lodgings
.
Q.
Where
?
A.
He
put
her
into
private
Lodgings
,
that
she
should
be
secure
.
Q.
Why
did
you
put
her
into
private
Lodgings
?
A.
Because
he
was
afraid
,
in
the
Circumstances
that
he
is
now
,
that
some
body
might
give
them
some
Affront
,
or
do
them
an
Injury
,
and
therefore
he
thought
it
best
to
be
in
some
place
of
security
.
Q.
What
particular
Reason
had
he
why
he
should
take
private
Lodgings
,
or
have
that
Fear
upon
him
?
A.
He
says
,
when
he
was
last
here
,
Sir
John
Germaine
came
up
one
Night
in
a
great
Passion
,
and
swore
,
and
said
,
some
body
would
betray
him
.
Q.
I
desire
he
might
repeat
that
again
?
A.
Sir
John
Germaine
came
one
Night
up
Stairs
,
and
said
,
that
Nicholas
this
Rogue
would
betray
him
.
Q.
Who
was
that
?
A.
He
says
't
was
one
Nicholas
Rushett
,
that
served
him
or
both
he
can't
tell
,
but
he
was
in
his
service
,
that
he
heard
these
words
,
and
that
he
thought
in
these
Circumstances
,
the
securest
way
would
be
to
take
private
Lodgings
.
Q.
What
brought
him
into
England
the
last
time
?
Whether
he
was
spoke
to
,
to
come
,
and
for
what
purpose
?
A.
He
says
,
that
about
two
or
three
Years
ago
he
hapened
to
meet
with
a
Friend
,
and
he
desired
him
if
he
heard
of
a
good
place
for
him
in
England
,
to
let
him
know
of
it
,
for
he
would
go
and
serve
there
again
.
Q.
Whether
he
was
spoke
to
,
to
come
over
,
or
was
Elianor
Vaness
spoke
to
,
and
what
was
the
occasion
?
A.
My
Lord
ask'd
him
if
he
would
speak
the
Truth
and
do
him
any
service
,
and
whether
he
would
bring
this
Girl
along
with
him
.
Q.
Who
was
it
that
spake
to
him
?
A.
My
Lord
Duke
and
my
Lord
Howard
.
Q.
When
was
that
?
A.
It
was
about
a
Year
ago
.
Q.
Where
was
he
at
that
time
?
A.
He
was
in
London
.
Q.
Did
he
go
over
of
his
own
accord
,
or
was
he
sent
into
Holland
,
who
it
was
that
sent
for
him
over
,
and
for
what
?
A.
It
was
a
Friend
of
his
Acquaintance
,
that
he
desired
in
case
he
heard
of
a
place
to
send
for
him
.
Q.
Who
sent
for
Elianor
Vaness
over
?
A.
He
says
,
that
after
he
had
promised
my
Lord
Duke
and
Lord
Howard
to
speak
the
Truth
of
what
he
knew
,
they
desired
him
that
if
he
met
with
Elianor
Vaness
,
to
desire
her
to
come
over
and
speak
the
Truth
of
what
she
knew
.
Q.
How
long
after
did
you
meet
with
Elianor
Vaness
?
A.
't
is
about
twelve
Months
since
I
met
with
her
.
Q.
When
was
the
first
time
that
he
spake
to
Elianor
Vaness
about
her
comeing
over
to
speak
the
Truth
?
A.
't
is
about
a
year
since
.
Q.
How
long
is
it
since
they
resolved
to
come
over
?
A.
About
twelve
Months
.
Q.
Whether
he
was
acquainted
with
Elianor
Vaness
,
before
he
met
with
her
in
Sir
John
Germaine's
Service
?
A.
He
says
never
.
Q.
You
say
you
went
from
Sir
John
Germaine's
Service
in
Suffolk-Street
,
and
you
say
when
you
came
to
him
again
,
he
lived
in
the
Cockpit
,
Did
you
find
Elianor
Vaness
there
then
?
A.
He
says
he
found
her
at
the
Cockpit
.
Q.
When
he
waited
on
Sir
John
Germaine
in
his
Chamber
,
who
waited
on
the
Dutchess
in
her
Chamber
?
A.
There
was
Susanna
Barrington
,
and
Elianor
Vaness
.
Q.
But
who
waited
upon
her
in
her
Chamber
?
A.
Susanna
Barrington
did
,
to
dress
her
.
Q.
Whether
he
had
seen
any
of
Sir
John
Germaine's
Relations
in
the
Chamber
,
when
this
Lady
and
Sir
John
Germa●ne
were
a-bed
together
?
A.
Yes
.
Q.
Name
them
?
A.
He
says
,
he
saw
Mrs.
Brienne
,
and
Mr.
Daniel
Germaine
there
.
Q.
Did
you
see
Mrs.
Judith
there
?
A.
He
does
not
remember
that
he
saw
Mrs.
Judith
in
the
Room
while
they
were
a-bed
together
,
but
the
other
he
hath
seen
when
they
were
a-bed
together
,
but
at
different
times
.
Q.
Whether
ever
he
hath
seen
the
Dutchess
at
any
other
place
?
A.
He
has
been
at
the
Chappel
with
her
,
and
else-where
.
Q.
Where
?
A.
At
my
Lord
Peterborows
,
and
in
her
own
House
?
Cross-Examined
.
Q.
I
desire
he
may
reduce
this
to
a
certainty
,
what
time
he
went
out
of
England
,
and
look
upon
his
Note
again
?
He
look'd
again
upon
his
Note
,
and
't
was
dated
Eighth
February
,
one
thousand
six
hundred
ninety
two
.
Q.
How
long
after
this
he
went
out
of
England
?
A.
He
went
away
as
soon
as
the
wind
was
favourable
.
Q.
Can
he
recollect
the
time
?
A.
He
says
't
was
sometime
before
Easter
,
for
he
came
into
Holland
about
Easter
.
Q.
When
he
told
his
Grace
the
Duke
of
Norfolk
and
Lord
Howard
he
would
be
true
to
them
,
whether
he
was
in
any
Service
at
that
time
?
A.
No
,
he
was
in
no
Service
at
that
time
.
Q.
How
long
had
he
been
out
of
employ
?
A.
He
has
none
yet
.
Q.
But
how
long
had
he
been
out
of
Employ
or
Service
,
before
he
made
this
Proposal
to
the
Duke
or
my
Lord
Howard
?
A.
He
says
he
went
away
about
the
twenty
seventh
of
June
.
Q.
Is
it
the
same
year
his
Paper
speaks
of
,
that
he
spake
to
my
Lord
Duke
?
A.
No
,
't
was
not
;
he
spake
to
my
Lord
Duke
about
twelve
Months
ago
.
Q.
But
how
long
had
he
been
out
of
Service
when
he
spake
to
my
Lord
Duke
,
when
did
he
leave
Sir
John
Germaine
the
last
time
?
A.
't
is
about
three
Years
and
half
agoe
,
't
will
be
four
Years
in
June
next
.
Q.
Has
he
been
in
any
Servine
since
that
time
?
A.
No
,
he
hath
not
.
Q.
How
has
he
lived
since
then
?
A.
He
says
,
he
has
something
of
his
own
in
his
own
Country
,
upon
which
he
may
subsist
some
time
.
Q.
I
think
he
said
,
he
saw
Sir
John
Germaine
and
the
Dutchess
in
Bed
together
,
in
the
House
where
she
now
lives
?
A.
Yes
.
Q.
Then
I
desire
he
will
tell
,
if
he
knows
any
of
the
Dutchess's
Servants
that
were
about
her
at
that
time
?
A.
Yes
,
he
does
.
Q.
Then
,
that
he
will
name
them
?
A.
Henry
Keymer
.
Q.
What
's
become
of
him
?
A.
They
told
him
he
was
dead
,
and
there
was
Susan
Barrington
.
Q.
I
desire
he
will
tell
of
some
of
the
Servants
that
lived
with
the
Dutchess
at
that
time
,
besides
that
person
that
is
dead
,
and
the
other
which
is
gone
beyond
Sea
,
as
they
say
?
Mr.
Northy
Answer'd
.
We
don't
say
she
is
gone
beyond
Sea
.
A.
He
does
not
know
any
other
.
Q.
Then
that
he
will
tell
what
Month
he
saw
them
in
Bed
together
?
A.
He
can't
Remember
the
Month
or
the
day
,
but
if
they
will
ask
him
the
Reason
why
he
Remembers
it
,
he
will
tell
it
them
.
Q.
If
you
can
come
to
any
certainty
,
about
the
time
of
the
Year
or
the
Month
?
A.
He
can't
say
the
Month
,
or
any
particular
time
.
Q.
What
Servant
he
saw
in
the
House
,
or
who
let
him
in
?
A.
He
had
himself
the
Key
of
the
Lower
Room
,
and
could
come
in
when
he
pleased
.
Q.
Whose
Servant
was
he
at
this
time
he
speaks
of
;
whether
he
was
a
Servant
to
the
Dutchess
or
to
Sir
John
Germaine
?
A.
He
was
Servant
to
Sir
John
Germaine
?
Q.
He
was
saying
he
could
tell
a
Reason
to
fix
the
time
,
let
him
recollect
himself
of
the
time
?
A.
He
can't
Remember
the
time
,
but
he
came
into
the
Room
to
bring
a
Clyster
,
and
he
was
desired
to
stay
without
a
little
,
till
my
Lady
Dutchess
got
up
.
Q.
That
he
may
be
positive
whether
he
had
a
Key
to
the
Lower
Room
of
the
Dutchess's
House
?
A.
He
says
,
he
had
a
Key
of
the
Door
that
goes
into
the
Park
,
and
he
could
come
into
the
House
by
it
,
for
it
was
the
Key
of
the
House
.
Q.
What
Servant
was
it
that
brought
him
up
,
for
that
Key
only
let
him
into
the
lower
Room
?
A.
Sometimes
Susan
Barrington
,
and
sometimes
Henry
Keymer
.
Q.
What
Room
the
Lady
Dutchess
lay
in
?
A.
't
is
a
Room
that
looks
into
the
Park
.
Q.
't
is
not
a
Ground-Room
,
I
suppose
?
A.
No
,
't
is
up
Stairs
.
Q.
How
many
Stories
?
A.
He
can't
tell
what
Degree
it
was
.
Q.
Being
ask'd
that
question
again
upon
the
Reading
his
Depositions
,
he
says
,
he
can't
tell
how
many
Stories
,
but
if
you
please
,
he
will
describe
the
comeing
into
the
Room
as
well
as
he
can
.
Q.
Describe
the
comeing
into
the
Room
?
A.
That
as
you
come
upon
the
left
hand
,
there
is
a
way
to
go
into
the
Dutchess's
Room
;
when
you
have
passed
the
little
Chamber
Door
,
you
go
into
a
place
full
of
China
,
and
after
that
you
come
to
the
Dutchess's
Bedchamber
;
on
the
other
side
going
up
Stairs
,
there
is
a
little
Room
,
where
Susan
told
him
she
lay
,
and
afterwards
you
come
into
a
Room
,
where
the
Chimney
is
as
he
thinks
on
the
Right
Hand
,
and
he
thinks
there
are
two
Windows
that
look
into
the
Street
,
he
is
not
very
certain
,
and
in
the
Room
upon
the
left
hand
,
there
is
a
Door
into
a
great
Room
,
and
from
that
great
Room
you
can
go
into
my
Lady
Dutchess's
Room
.
It
was
so
at
that
time
to
the
best
of
his
Remembrance
.
Q.
How
many
Rooms
are
there
upon
a
Floor
?
A.
There
are
a
matter
of
four
Rooms
upon
a
Floor
.
Q.
Whether
he
has
spoke
with
any
Body
that
he
knows
is
acquainted
with
this
House
,
since
he
was
examined
here
before
?
A.
He
says
,
he
has
spoke
to
no
body
since
,
that
has
given
him
any
account
of
the
House
.
Q.
Which
side
of
the
Park
does
the
Windows
of
my
Lady
Dutchess's
Room
look
into
?
A.
Towards
the
Pond
where
the
Brass
Statue
is
.
Q.
Does
the
Bedchamber
look
towards
the
Brass
Statue
?
A.
He
durst
not
go
to
look
out
at
the
Window
for
fear
of
being
discovered
,
but
he
could
see
the
Water
.
Q.
Whether
he
knows
the
Horse-Guards
?
A.
Yes
.
Q.
Whether
he
knows
Arlington
House
?
A.
Yes
.
Q.
Whether
the
Window
does
look
towards
Arlington
House
,
or
the
Horse-Guards
?
A.
He
hath
been
there
several
times
,
but
't
was
not
his
business
to
go
to
the
Window
,
but
when
he
was
in
the
Room
he
could
see
the
Water
.
Q.
Whether
he
could
tell
which
way
the
Window
lookt
?
A.
He
did
not
live
in
the
House
,
but
went
there
sometimes
upon
Messages
,
and
when
he
was
there
,
't
was
not
his
business
to
go
to
the
Window
,
but
he
could
see
the
Water
when
he
was
in
the
Room
.
Q.
Whether
the
Window
was
on
that
side
of
the
little
Door
that
he
came
in
,
or
on
the
other
side
?
A.
Upon
the
left
hand
coming
in
,
he
says
he
has
explain'd
himself
as
to
the
entring
in
,
and
he
can
say
no
more
to
it
.
Q.
Was
it
one
or
two
pair
of
Stairs
that
the
Dutchess
lay
?
A.
He
can't
be
positive
whether
one
or
two
pair
of
Stairs
.
Q.
Who
brought
him
up
that
time
he
brought
the
Clyster
?
A.
Susan
Barrington
.
Q.
Who
told
him
at
the
Cockpit
't
was
the
Dutchess
of
Norfolk
?
A.
Sir
John
Germaine
,
her self
,
and
the
whole
House
told
him
so
.
Q.
Did
he
before
that
time
know
the
Dutchess
?
A.
No.
Q.
Did
you
never
see
other
Women
there
besides
this
Lady
?
A.
Yes
.
Q.
Did
you
know
all
the
rest
that
you
saw
there
?
A.
No
,
he
did
not
know
them
all
.
Q.
Whether
he
was
not
told
the
rest
of
the
Women
were
of
great
Quality
too
?
A.
He
never
was
told
so
,
nor
did
he
inform
himself
whether
they
were
or
no
.
Q.
At
Fox-Hall
,
and
at
the
Cockpit
,
I
think
he
spake
as
if
he
undrest
Sir
John
Germaine
and
the
Dutchess
,
whether
he
undrest
them
both
?
A.
Not
the
Dutchess
.
Q.
What
Year
it
was
they
were
at
Fox-Hall
?
A.
It
was
before
he
went
to
Ireland
,
and
after
he
came
from
Ireland
,
but
he
can't
precisely
tell
the
time
.
Q.
Whether
he
has
been
in
any
Service
since
One
thousand
six
hundred
ninety
six
,
when
he
left
Sir
John
Germaine's
?
A.
No.
Q.
Whether
when
he
came
about
a
Year
ago
into
England
,
there
was
Application
made
to
him
in
order
to
make
a
Discovery
,
or
whether
he
offered
of
himself
to
make
it
?
A.
He
never
did
offer
himself
.
Q.
Who
was
it
that
first
askt
him
the
question
?
A.
't
was
my
Lord
Howard
.
Q.
Where
did
you
meet
my
Lord
Howard
,
and
upon
what
occasion
?
A.
He
says
,
that
't
was
that
Person
that
he
had
addressed
himself
to
,
to
get
him
into
Service
here
,
that
was
the
occasion
of
their
meeting
together
.
Q.
Did
you
know
the
Lord
Howard
before
?
A.
No.
Q.
Where
was
the
place
they
met
?
A.
He
called
him
to
his
House
.
Q.
My
Lord
,
or
that
Person
?
A.
He
says
that
Person
to
which
he
addrest
himself
to
get
a
Place
,
told
him
he
had
found
one
.
Q.
Name
that
Person
.
A.
Richardson
.
Q.
Where
does
he
live
?
A.
I
don't
know
.
Q.
Were
you
acquainted
with
him
before
?
A.
Yes
.
Q.
Where
had
you
been
acquainted
with
him
?
A.
At
London
,
't
is
a
Woman
.
Q.
Whether
he
can
describe
the
Room
,
or
the
Furniture
of
the
Room
where
this
noble
Lady
and
Sir
John
Germaine
were
a-bed
together
,
where
she
lives
now
?
A.
He
cannot
remember
any
thing
of
the
Furniture
.
Q.
Was
it
hung
or
wainscoted
?
A.
He
says
he
can't
tell
,
and
yet
he
was
there
often
.
Q.
Pray
who
was
the
Clyster
for
?
A.
For
Mr.
Germaine
.
Q.
Where
was
it
to
be
administred
?
A.
A-bed
.
Q.
Who
was
a-bed
?
A.
My
Lady
Dutchess
was
a-bed
too
.
Q.
Was
it
to
be
administred
at
the
same
time
as
he
and
the
Dutchess
were
a-bed
together
?
A.
No.
Q.
Was
the
Dutchess
there
?
A.
He
laid
the
Syringe
to
the
Fireside
'till
such
time
as
the
Dutchess
rose
.
Q.
Apothecaries
are
exact
in
point
of
time
in
making
their
Bills
.
A.
He
says
,
I
composed
the
Clyster
my self
,
but
he
did
not
compose
it
at
the
Dutchess's
House
,
but
at
Mr.
Germaine's
.
Q.
Did
you
stay
with
Sir
John
Germaine
'till
all
was
over
?
A.
No
,
as
soon
as
he
had
given
it
him
,
he
went
home
to
Mr.
Germaine's
House
.
Q.
Whether
he
pretends
to
speak
of
any
other
time
that
he
saw
the
Dutchess
in
bed
with
him
at
her
House
in
Duke's
street
,
but
when
he
carryed
him
the
Clyster
?
A.
Yes
,
my
Lord
,
he
says
he
has
.
Q.
Let
him
tell
the
times
and
Circumstances
.
A.
He
says
he
can't
very
well
remember
the
times
,
but
he
had
sometimes
business
there
to
bring
and
carry
Letters
.
Q.
When
was
that
time
of
the
Clyster
?
A.
It
was
about
two
Months
before
he
left
them
.
Q.
Was
that
the
last
time
he
saw
them
together
?
A.
That
was
the
last
time
.
Q.
How
long
before
that
did
he
see
them
together
?
A.
Long
before
that
time
in
the
same
House
.
Q.
He
says
he
has
seen
Sir
John
Germaine
and
the
Dutchess
in
bed
together
elsewhere
,
did
he
never
see
them
in
bed
together
at
the
Millbank
?
A.
He
has
seen
them
there
two
or
three
times
a-bed
together
.
Q.
When
did
your
Master
order
you
to
prepare
the
Clyster
?
A.
He
had
Orders
to
come
and
wait
for
Mr.
Germaine
at
the
Dutchess's
,
and
that
Mr.
Germaine
coming
to
the
Dutchess's
late
,
he
order'd
him
to
bring
the
Clyster
next
Morning
.
Q.
At
what
time
he
came
the
next
Morning
?
A.
He
had
Order
to
bring
it
at
nine
of
the
Clock
,
and
he
brought
it
at
the
appointed
hour
,
and
he
waited
in
the
little
Room
where
Susannah
was
,
'till
he
was
called
in
.
Q.
He
says
he
waited
for
Sir
John
Germaine
by
his
Orders
at
the
Dutchess's
'till
it
was
late
,
which
of
the
Dutchess's
Servants
did
he
keep
company
with
?
A.
He
says
he
remembers
very
well
it
was
Mr.
Keymer
.
Q.
Whether
that
time
that
he
saw
Mr.
Germaine
and
the
Dutchess
in
bed
together
at
Millbank
,
if
it
was
after
the
first
time
he
was
sent
out
of
England
,
when
the
Bill
was
depending
before
the
Lords
?
A.
't
was
after
.
Q.
What
Year
did
you
see
them
a-bed
together
at
Millbank
?
A.
It
was
a
day
or
two
before
Mrs.
Davenant
dyed
.
A
day
or
two
before
she
died
Mr.
Germaine
came
to
Millbank
,
and
stayed
there
about
eight
Days
.
Nicola
Hauseur
.
Depositions
of
William
Bayly
.
Die
Sabbati
24.
Februarii
,
1699.
William
Bayly
Sworn
.
Q.
D'
YE
know
Sir
John
Germaine
and
the
Dutchess
of
Norfolk
?
A.
Yes
.
Q.
Was
you
Servant
to
Sir
John
Germaine
?
A.
Yes
.
Q.
In
what
Capacity
?
A.
Three
Years
I
wore
his
Livery
,
and
three
Years
I
was
his
Steward
.
Q.
When
did
you
first
come
to
live
with
him
?
A.
Three
weeks
before
the
King
was
Crown'd
.
Q.
Was
there
any
Conversation
between
Sir
John
Germaine
and
the
Dutchess
of
Norfolk
,
d'
ye
know
that
they
lived
together
,
or
kept
Company
one
with
another
?
A.
No
,
I
never
knew
them
live
together
,
but
seen
them
keep
Company
together
,
but
never
saw
any
Incivility
between
them
.
Q.
Where
saw
you
them
in
Company
together
?
A.
I
saw
them
in
Company
in
my
Master's
House
.
Q.
How
long
ago
?
A.
About
five
Years
ago
.
Q.
Where
did
your
Master
then
live
?
A.
He
lived
then
where
he
does
now
.
Q.
Did
the
Dutchess
of
Norfolk
ever
lye
there
?
A.
Never
,
to
my
knowledge
.
Q.
What
was
the
time
she
usually
came
there
?
A.
Commonly
in
an
Afternoon
.
Q.
How
often
have
you
seen
her
there
?
A.
Two
or
three
times
.
Q.
At
what
time
did
she
use
to
come
,
and
at
what
time
did
she
go
away
again
?
A.
She
used
to
come
there
about
four
or
five
a
Clock
in
the
Afternoon
,
and
might
stay
there
about
two
or
three
hours
?
Q.
You
are
upon
your
Oath
,
and
pray
tell
whether
you
ever
saw
them
in
Bed
together
?
A.
By
all
that
's
good
I
never
saw
them
in
Bed
together
?
Q.
Did
the
Lady
Dutchess
use
to
come
thither
Mask'd
,
or
Unmask'd
?
A.
She
use
to
come
Mask'd
,
but
put
it
off
when
she
came
into
the
House
.
Q.
Who
used
to
come
with
her
?
A.
There
used
to
come
Mr.
Keemer
with
her
.
Q.
What
Company
?
did
no
other
use
to
come
with
her
to
Sir
John
Germaine's
House
?
A.
Yes
,
another
Servant
,
Mr.
Carter
.
Q.
Who
was
in
the
Room
with
them
in
Sir
John
Germaine's
House
?
A.
Mr.
Keemer
stay'd
commonly
with
them
all
the
time
they
Dined
,
and
after
Dinner
,
the
other
Servants
and
I
were
in
the
next
Room
to
them
,
and
commonly
when
they
had
occasion
,
they
would
call
Mr
Keemer
.
Q.
Was
there
no
other
Servant
but
Mr.
Keemer
that
they
used
to
call
upon
?
A.
Yes
,
a
Gentlewoman
,
Mrs.
Susan
Barrington
.
Q.
Have
you
seen
her
lately
?
A.
No
,
not
these
six
Months
.
Q.
D'
ye
know
,
if
your
Master
used
to
go
to
the
Dutchess's
House
?
A.
Yes
,
I
have
heard
so
,
but
I
can't
say
so
positively
.
Q.
Did
you
ever
go
with
them
to
the
Dutchess's
House
?
A.
No
,
but
I
have
gone
with
them
as
far
as
the
Horse-Ferry
.
Q.
When
was
the
last
time
you
saw
them
together
?
A.
I
can't
tell
,
I
have
been
out
of
my
Master's
Service
these
four
Years
.
Q.
How
long
before
you
left
your
Master's
Service
d'
ye
think
it
was
,
that
you
saw
them
together
?
A.
I
can't
tell
,
but
I
think
it
might
be
bout
half
a
Year
.
Q.
He
has
gone
with
his
Master
as
far
as
the
Horse-Ferry
,
pray
then
let
him
be
ask'd
where
he
left
his
Master
?
A.
I
left
him
at
the
Horse-Ferry
.
Q.
What
Orders
did
your
Master
give
you
when
you
left
him
?
A.
He
Ordered
me
to
go
home
,
and
keep
the
House
.
Q.
D'
ye
know
whither
your
Master
was
gone
then
?
A.
I
may
judge
he
went
to
the
Dutchess
,
but
I
can't
swear
he
went
there
.
Q.
Did
Sir
John
Germaine
come
home
to
bed
that
Night
?
A.
Some
Nights
he
came
,
and
some
he
he
did
not
.
Q.
Did
you
carry
Cloaths
to
him
at
any
time
?
A.
I
have
carried
Cloaths
for
him
to
Mr.
Keemer
,
the
Dutchess's
Servant
.
Q.
Where
did
Keemer
live
,
when
you
carried
the
Cloaths
to
him
?
A.
In
a
little
Street
going
to
the
Bowling-Alley
.
Q.
Who
did
he
live
withal
?
A.
He
told
me
he
lived
with
the
Dutchess
,
but
he
was
a
House-Keeper
,
and
had
a
House
there
.
Q.
Did
you
always
carry
cloaths
to
Mr.
Keemer
for
your
Master
?
A.
Sometimes
I
carried
his
Cloaths
to
Mr.
Keemer
,
and
sometimes
Mr.
Keemer
came
to
me
for
them
.
Q.
Did
you
apprehend
that
your
Master
was
then
at
the
Dutchess's
,
or
at
Mr.
Keemer's
?
A.
I
can't
tell
where
he
was
,
how
can
I
tell
,
I
Answer
as
punctually
as
I
can
.
Q.
When
Keemer
came
to
you
for
Cloaths
,
what
account
did
he
give
to
you
,
where
your
Master
was
?
A.
He
gave
me
no
account
.
Q
Whether
did
you
ever
see
the
Dutchess
and
your
Master
together
at
any
other
place
,
but
at
his
own
House
?
A.
Never
.
Q.
When
you
carried
the
Cloaths
to
Keemer's
,
did
your
Master
lye
at
home
that
Night
,
or
not
?
A.
Sometimes
he
lay
at
home
,
and
sometimes
he
did
not
,
many
times
my
Master
has
been
at
the
Dutchess
of
Mazareen's
,
from
four
a
Clock
this
day
,
till
twelve
the
next
.
Q.
Repeat
it
again
,
for
that
's
material
?
A.
My
Master
has
taken
his
Chair
at
his
own
Back-door
,
at
four
a
Clock
on
a
Saturday
,
and
not
come
home
till
Sunday
at
twelve
a
Clock
.
Q.
Where
has
your
Master
been
at
that
time
,
when
he
stay'd
out
all
Night
?
A.
At
the
Dutchess
of
Mazareen's
,
and
when
he
lost
his
Gold
,
he
has
sent
home
to
me
for
more
Gold
.
Q.
Did
he
ever
send
to
you
for
any
Cloaths
when
he
was
there
?
A.
Never
.
Q.
D'
ye
know
where
he
was
when
he
sent
to
you
for
Cloaths
?
A.
No
indeed
.
Q.
D'
ye
know
Nicholas
Hosier
?
A.
Yes
,
I
know
him
very
well
,
I
saw
him
here
just
now
.
Q.
Did
you
know
him
when
he
waited
on
Sir
John
Germaine
?
A.
Yes
,
he
succeeded
me
,
and
I
succeeded
him
again
.
Q.
You
was
Footman
when
you
went
to
Sir
John
Germaine
,
when
was
that
,
and
what
Year
did
you
leave
off
your
Livery
,
and
serve
him
as
his
Steward
?
A.
I
can't
tell
.
Q.
He
succeeded
Hosier
,
and
Hosier
succeeded
him
,
pray
let
it
be
ask'd
him
,
at
what
time
he
came
into
his
Master's
Service
,
when
he
succeeded
Hosier
?
A.
't
was
about
the
same
time
that
the
Tryal
was
here
before
.
Q.
How
long
was
it
e're
Hosier
returned
again
,
to
serve
Sir
John
Germaine
?
A.
To
the
best
of
my
knowledge
it
was
three
Years
,
for
I
received
and
paid
Mony
for
my
Master
,
and
Hosier
was
away
all
that
time
,
Hosier
won't
deny
it
,
if
he
were
called
in
.
Q.
You
say
that
you
succeeded
Hosier
at
the
time
when
the
Tryal
was
here
,
how
long
before
that
time
did
you
return
to
your
Master's
Service
?
A.
About
three
weeks
before
the
King
was
Crowned
,
I
came
to
my
Master
and
served
him
three
Years
,
and
wore
his
Livery
,
and
he
was
pleased
after
Mr.
Hosier
went
away
to
make
me
lay
out
his
Mony
,
to
be
Caterer
for
him
,
and
to
keep
his
Gold
,
and
to
the
best
of
my
knowledge
,
't
was
three
Years
before
Nicholas
succeeded
me
again
.
Q.
How
long
was
it
before
he
came
back
again
to
serve
Sir
John
Germaine
?
Q.
Before
I
saw
him
in
my
Master's
House
,
and
that
he
took
my
place
from
me
,
't
was
three
Years
.
Q.
Did
you
not
see
Mr.
Hosier
in
England
before
that
time
that
you
went
out
of
your
Master's
Service
?
A.
No
,
I
beg
your
Lordships
Pardon
,
I
will
recollect
my
memory
,
for
that
as
I
have
a
Soul
to
be
sav'd
,
now
it
is
come
into
my
mind
,
my
Master
sent
for
Nicholas
into
Holland
about
a
Year
before
Nicholas
did
come
over
;
my
Master
told
me
before
he
came
,
that
he
would
send
for
Nicholas
again
,
and
that
I
and
Nicholas
should
have
the
Charge
of
his
House
.
Nicholas
came
over
,
and
we
had
the
play
at
our
own
House
,
Nicholas
staid
there
some
time
,
but
he
did
not
like
his
business
,
and
so
he
went
away
again
,
because
he
could
not
have
all
the
Mony
?
Q.
About
what
time
did
Nicholas
come
into
England
,
after
the
Tryal
was
before
this
House
?
A.
I
can't
Resolve
you
.
Q.
Had
you
no
Certificate
of
leave
,
or
discharge
,
when
you
left
your
Master's
Service
?
A.
No
,
my
Master
was
so
kind
,
that
he
brought
me
immediately
into
the
Excise
,
as
soon
as
I
was
out
of
his
Service
.
William
Bayly
Cross-Examin'd
.
Lunae
26.
Februarii
,
1699.
Q.
When
you
carried
the
Cloaths
to
Sir
John
Germaine's
,
was
it
the
time
when
you
wore
his
Livery
?
A.
I
carried
no
Cloaths
to
him
when
I
wore
his
Livery
.
Q.
Had
you
any
Discourse
with
the
Dutchess's
Agents
since
Saturday
Night
?
A.
No
,
I
have
not
seen
them
,
nor
don't
know
them
.
Q.
He
says
he
saw
the
Dutchess
of
Norfolk
at
the
Cockpit
,
at
Sir
John
Germaine's
House
where
he
now
dwells
;
pray
recollect
your self
,
that
you
may
be
positive
as
to
the
time
?
A.
I
can't
Resolve
you
as
to
the
Year
,
't
is
so
long
ago
,
I
believe
it
is
about
five
Years
ago
.
Q.
Can
you
be
positive
that
it
is
not
more
?
A.
To
the
best
of
my
knowledge
't
was
about
five
Years
.
Q.
Can
you
be
so
far
certain
,
that
you
can
say
't
was
not
more
?
A.
I
can't
swear
it
was
more
,
but
I
believe
it
may
be
five
Year
more
or
less
.
Q.
You
say
,
you
saw
her
two
or
three
times
there
,
was
it
all
in
one
Year
,
near
the
same
time
or
Month
,
can
you
reduce
it
to
any
certainty
?
A.
I
believe
it
might
be
in
Summer
.
Q.
All
in
one
Summer
?
A.
Yes
,
I
believe
all
in
one
,
to
the
best
of
my
knowledge
,
there
was
never
a
Winter
betwen
the
time
that
I
saw
her
first
and
last
.
Q.
Did
you
know
the
Dutchess
of
Norfolk
,
before
that
time
that
you
saw
her
in
your
Master's
House
,
and
took
her
to
be
the
Dutchess
of
Norfolk
?
A.
I
did
not
know
her
before
the
Tryal
was
here
.
Q.
Did
you
know
her
any
time
after
that
Tryal
,
before
the
time
you
saw
her
in
Sir
John
Germaine's
House
?
A.
I
was
not
sure
that
it
was
she
,
only
as
I
had
it
from
Mr.
Keemer
.
Q.
Then
you
don't
undertake
of
your
own
knowledge
to
say
that
it
was
she
?
A.
I
can't
swear
that
't
was
she
,
but
as
Mr.
Keemer
told
me
,
I
don't
know
whether
I
should
know
her
now
or
not
,
't
is
so
long
since
I
saw
her
,
I
believe
it
is
five
Years
if
not
more
.
Q.
Did
you
see
her
before
or
after
you
saw
her
at
Sir
John
Germaine's
House
?
A.
The
first
time
they
told
me
't
was
she
,
I
met
her
in
her
Coach
in
the
Pallmall
,
with
two
other
Gentlewomen
with
her
,
a
little
before
the
Tryal
was
here
,
I
followed
the
Coach
,
and
the
Dutchess
went
into
some
Ladies
House
in
Dover-Street
,
and
they
told
me
the
Dutchess
was
the
first
Woman
that
went
out
,
this
is
the
first
time
that
e're
I
saw
her
,
that
I
know
of
,
till
such
time
as
Keemer
told
me
't
was
she
.
Q.
Whether
do
you
know
Nicholas
?
A.
I
know
him
very
well
.
Q.
Can
you
tell
how
long
it
is
since
he
came
last
into
England
?
A.
No
,
he
has
been
here
two
or
three
times
in
England
,
since
I
left
my
Master
.
Q.
How
long
before
this
Examination
,
saw
you
him
,
or
spoke
with
him
?
A.
I
did
not
see
him
above
these
three
Years
.
Q.
How
long
before
you
came
hither
as
a
Witness
did
you
see
him
?
A.
I
have
not
seen
him
these
three
Years
till
I
came
hither
to
be
a
Witness
,
and
did
admire
to
see
him
here
,
that
a
man
that
had
got
his
bread
under
his
Master
should
appear
here
against
him
,
it
is
so
ungrateful
a
thing
.
Q.
How
came
it
that
you
had
so
much
curiosity
as
to
follow
the
Dutchess's
Coach
?
A.
I
had
a
mind
to
satisfie
my
own
Humour
.
Q.
D'
ye
know
how
Nicholas
lived
since
he
was
out
of
his
Master's
Service
?
A.
No
,
I
never
saw
him
,
nor
had
any
account
of
him
at
all
,
nor
have
seen
him
these
three
Years
'till
now
.
Q.
Did
you
know
when
Nicholas
and
Elianor
Vaness
went
out
of
England
?
A.
No
,
I
neither
knew
when
they
went
,
nor
when
they
came
.
Q.
Don't
you
know
what
business
he
went
out
of
England
about
,
the
time
you
took
his
Place
?
A.
I
know
not
the
business
he
went
out
of
England
upon
.
Q.
Did
he
at
that
time
tell
you
he
was
to
get
away
to
hide
himself
from
coming
hither
?
A.
No
,
I
heard
not
one
Word
from
him
at
the
time
of
his
parting
.
Q.
What
reason
had
you
to
say
upon
the
first
sight
of
Hauseur
that
he
was
ungrateful
for
coming
hither
?
A.
I
should
think
my self
ungrateful
to
eat
a
Gentleman's
Bread
seven
Years
,
and
to
do
him
all
the
Spite
and
Malice
I
could
.
Q.
Repeat
those
words
?
A.
I
should
think
my self
very
ungrateful
to
prosecute
,
if
I
should
do
any
harm
to
a
Master
that
I
had
served
so
many
Years
,
I
should
think
my self
very
ungrateful
,
let
him
think
of
himself
what
he
pleases
.
Q.
He
added
some
other
words
?
A.
For
any
thing
I
know
it
is
Spite
and
Malice
.
Q.
Where
did
you
live
,
when
you
followed
the
Dutchess's
Coach
?
A
At
Mr.
Germaine's
.
Q.
This
Man
is
a
Witness
,
and
so
is
Hosier
,
let
him
explain
himself
what
he
means
;
and
wherein
there
is
any
Difference
between
him
and
Hosier
,
for
both
are
Witnesses
?
A.
I
say
,
I
should
think
my self
very
ungrateful
,
if
I
would
do
any
harm
to
a
man
whose
Bread
I
had
eat
so
long
,
and
had
got
so
much
mony
under
him
.
Q.
What
harm
does
Hosier
do
,
being
a
Witness
against
the
Dutchess
of
Norfolk
,
what
harm
is
that
to
Sir
John
Germaine
?
A.
I
don't
know
.
Q.
D'
ye
reckon
it
ungrateful
to
speak
the
truth
to
the
prejudice
of
a
Master
?
A.
No
,
I
would
not
speak
an
untruth
for
all
the
Masters
in
the
World
.
Q.
Where
is
there
any
fault
more
in
Hosier
than
in
you
?
A.
I
know
not
.
Q.
Whether
did
Elianor
Vaness
live
with
Sir
John
Germaine
when
you
liv'd
there
?
A
I
know
not
who
she
is
.
Q.
This
Woman
that
was
here
as
a
Witness
.
A.
Yes
she
liv'd
there
.
Q.
What
time
went
she
away
from
Sir
John
Germaine's
Service
?
A.
I
know
not
,
I
cannot
tell
indeed
.
Sign'd
William
Bayly
.
Die
Martis
5o
Martii
,
1699.
Councel
and
Witnesses
being
called
in
for
the
Dutchess
of
Norfolk
,
(
and
the
Duke's
Councel
being
present
,
)
the
Examinations
of
the
Witnesses
,
taken
Yesterday
in
Short-hand
and
transcribed
,
were
read
to
them
,
and
subscribed
,
(
viz.
)
Die
Lunae
4o
Martij
,
1699.
Thomas
Hawksworth
Sworn
,
Deposeth
as
fozoweth
.
Quest
.
DO
you
know
Eleanor
Vaness
?
and
did
you
live
in
the
Dutchess
of
Norfolk's
Family
?
Answ
.
I
came
to
live
with
the
Dutchess
about
October
,
1691.
and
left
her
in
September
,
about
two
Years
within
two
Months
:
Eleanor
Vaness
lived
there
when
I
lived
there
,
and
was
Cook-Maid
.
Q.
When
did
she
leave
the
Dutchess's
Service
?
A.
About
the
beginning
of
January
,
or
the
latter
end
of
December
,
1691.
Q.
On
what
Occasion
went
she
away
?
A.
She
was
turned
away
,
to
the
best
of
my
remembrance
,
for
keeping
Company
with
Dutch-men
.
Q.
Whether
used
she
any
other
Office
but
in
the
Kitchin
?
or
had
she
access
to
the
Dutchess's
Chamber
?
A.
Never
;
she
was
not
allowed
to
come
any
higher
than
the
first
Floor
:
She
us'd
to
clean
that
Room
next
the
Street
,
one
pair
of
Stairs
next
the
Door
,
and
the
back-Parlour
even
with
that
,
but
was
not
suffered
to
come
into
the
Dutchess's
Chamber
.
Q.
Who
waited
upon
the
Dutchess
in
her
Chamber
?
A.
Frances
Knight
;
she
was
constantly
in
the
Dutchess's
Chamber
,
and
used
to
warm
her
Bed
.
Q.
You
say
that
Vaness
was
allowed
to
come
no
higher
than
the
first
Floor
;
Explain
that
.
A.
The
Kitchin
is
under-ground
backward
;
that
Room
Vaness
cleaned
was
even
with
the
Street
,
a
Ground-Room
;
the
Landry-Maid
clean'd
the
next
pair
of
Stairs
.
Q.
What
was
the
Landry-Maid's
Name
?
A.
Susan
;
she
's
dead
.
Q.
Do
you
know
how
long
?
A.
No.
Q.
Did
you
ever
see
Vaness
in
the
Dutchess's
Chamber
?
A.
Never
in
my
life
;
I
never
heard
she
was
allowed
to
come
there
.
Q.
How
long
is
it
since
you
liv'd
with
the
Dutchess
?
A.
About
six
or
seven
Years
,
or
very
near
it
.
Q.
D'
ye
remember
the
Bill
that
was
brought
into
Parliament
against
the
Dutchess
,
while
you
lived
there
?
A.
I
came
to
the
Dutchess
the
October
before
that
Bill
was
brought
in
.
Q.
Was
Vaness
turn'd
away
before
that
?
A.
She
was
gone
a
Month
or
thereabouts
before
that
.
Q.
D'
ye
remember
the
Month
?
A.
To
the
best
of
my
remembrance
,
't
was
about
the
latter
end
of
December
,
or
the
beginning
of
January
.
Q.
Was
there
any
stir
about
the
Dutch
Foot-Soldiers
haunting
Vaness
?
A.
I
never
saw
any
,
but
have
heard
the
Servants
say
they
did
.
Q.
Can
you
say
what
time
it
was
?
Was
it
before
or
after
the
Bill
?
A.
Before
I
heard
any
thing
of
the
Bill
she
was
gone
.
Cross-Examin'd
.
Q.
Where
do
you
live
now
?
A.
With
Sir
Thomas
Barnardiston
.
Q.
What
Station
were
you
in
,
when
you
liv'd
with
the
Dutchess
?
A.
A
Foot-man
.
Q.
Did
you
know
Hauseur
then
?
A.
No.
Q.
Where
did
the
Dutchess
live
when
you
came
first
to
her
?
A.
Upon
the
Row
between
the
Horse-Ferry
and
Mill-Bank
.
Q.
How
long
did
you
live
there
?
A.
A
Fortnight
or
thereabouts
,
not
much
more
.
Q.
Do
you
know
where
she
liv'd
before
?
A.
No.
Q.
Do
you
know
Sir
John
Germaine
?
And
,
on
the
Oath
you
have
taken
,
Did
he
ever
come
to
the
Dutchess's
House
while
you
liv'd
with
her
?
A.
I
never
saw
him
in
the
House
;
I
never
saw
any
unhansom
thing
by
the
Dutchess
all
the
time
I
lived
with
her
.
Q.
Did
you
never
see
Sir
John
Germaine
with
her
?
A.
No
,
never
;
and
I
had
the
privilege
of
the
first
Floor
and
the
second
Floor
,
and
help'd
to
rub
the
Rooms
,
and
sometimes
I
rubb'd
the
Lodging-Room
.
Q.
Had
you
the
privilege
of
going
up
stairs
in
the
Morning
?
A.
No
,
it
was
one
Peacock
that
rubb'd
the
Room
above
stairs
.
Q.
Did
you
know
Vaness
?
Was
she
Servant
to
the
Dutchess
when
you
liv'd
there
?
A.
Yes
,
she
was
.
Q.
Can
you
be
positive
as
to
the
Time
of
her
going
away
?
A.
As
near
as
I
can
tell
,
it
was
in
the
beginning
of
January
,
1692.
I
came
in
the
October
before
,
and
she
went
away
the
January
following
.
Q.
Were
you
by
when
she
was
discharg'd
?
A.
No.
Q.
Who
paid
her
her
Wages
?
A.
I
can't
tell
.
Q.
Did
you
never
see
Vaness
in
the
Dutchess's
Chamber
?
A.
Never
.
Q.
Did
you
attend
at
the
Dutchess's
Chamber
in
the
Morning
?
A.
Not
constantly
;
we
took
it
by
turns
.
Q.
Did
you
never
attend
in
her
Chamber
w●en
she
was
a
bed
?
A.
No.
Q.
Who
was
it
of
her
Women
that
attended
in
her
Chamber
?
A.
Susan
—
Frances
Knight
,
and
Susan
Barrington
.
Q.
When
did
you
see
Susan
Barrington
last
?
A.
About
five
Years
ago
.
Q.
Did
she
constantly
attend
in
the
Dutchess's
Chamber
?
A.
She
and
Mrs.
Knight
carry'd
Coals
constantly
to
warm
the
Bed
?
Q.
How
old
was
you
when
you
liv'd
with
the
Dutchess
?
A.
About
Eighteen
Years
old
.
Q.
How
old
are
you
now
?
A.
I
think
,
about
Seven
and
twenty
.
THOMAS
HAWKSWORTH
.
Die
Lunae
4o
Martij
,
1699.
Jonas
Peacock
Sworn
,
Deposeth
as
followeth
.
Quest
.
DID
you
live
with
the
Dutchess
of
Norfolk
,
in
1691
?
Answ
.
't
is
six
Years
since
I
left
her
Service
,
last
January
,
or
thereabouts
;
I
liv'd
two
years
and
a
half
with
her
,
or
thereabouts
;
I
came
in
August
,
and
stay'd
till
January
two
years
following
,
or
thereabouts
.
Q.
Did
you
live
with
the
Dutchess
,
when
the
first
Tryal
,
as
they
call
it
,
came
on
in
Parliament
?
A.
Yes
,
I
liv'd
with
her
before
and
after
.
Q.
Did
you
know
Vaness
?
A.
I
knew
one
,
whose
Name
was
call'd
Lena
.
Q.
What
was
her
Business
?
A.
Below
stairs
in
the
Kitchin
;
I
never
saw
her
in
any
other
Room
,
but
the
outer-Room
next
to
the
Street
,
and
I
was
there
all
the
while
she
was
there
,
and
after
she
was
gone
.
Q.
Did
you
ever
see
her
in
the
Dutchess's
Bed-Chamber
?
A.
No
;
the
Work
she
was
employ'd
about
was
dirty
Work
;
I
never
saw
her
clean
,
but
nasty
,
and
could
not
eat
the
Victuals
of
her
dressing
.
Q.
Was
you
there
before
Vaness
?
A.
Yes
,
I
was
in
the
House
some
time
before
her
Grace
came
over
,
to
help
the
Upholder
,
and
to
carry
Looking-glasses
and
Stands
.
Q.
Whence
did
she
come
over
?
A.
She
came
to
Mill-Bank
,
but
I
know
not
when
she
came
over
:
My
Lady
Peterburgh
order'd
me
to
do
what
I
did
.
Q.
Was
you
Servant
there
to
the
Dutchess
,
before
she
came
over
?
A.
I
never
saw
my
Lady
Dutchess
,
before
she
came
there
,
except
some
Years
before
,
at
Drayton
,
when
he
liv'd
with
her
.
Q.
Who
hired
you
?
A.
I
came
there
by
the
Lady
Peterburgh's
Order
,
and
had
my
Victuals
at
my
Lord
Peterburgh's
.
Q.
Who
hired
you
?
A.
I
was
not
hired
at
all
.
Q.
How
long
did
you
live
at
Mill-Bank
?
A.
I
liv'd
about
two
years
and
a
quarter
,
or
somewhat
more
.
Q.
What
was
your
proper
Business
when
you
lived
with
the
Dutchess
?
A.
When
the
Dutchess
went
abroad
,
I
went
with
the
Coach
;
and
when
she
Supp'd
or
Din'd
at
home
,
I
laid
the
Cloth
,
Forks
and
Spoons
.
Q.
Did
you
ever
wait
above
stairs
?
A.
Yes
,
I
have
waited
above
stairs
.
Q.
Who
waited
upon
the
Dutchess
in
her
Chamber
?
A.
Frances
Knight
,
one
Susan
,
and
one
Susannah
.
Q.
Upon
your
Oath
,
Did
you
ever
see
this
Woman
,
Helena
,
go
into
the
Dutchess's
Bed-Chamber
?
A.
I
never
once
saw
her
there
,
all
the
time
I
stay'd
there
;
I
rubb'd
the
Bed-Chamber
with
a
long
Rubbing-Brush
;
I
never
saw
her
there
,
nor
above
stairs
.
Q.
Do
you
know
at
what
time
it
was
she
came
to
live
with
my
Lady
Dutchess
?
A.
Yes
;
she
came
while
I
was
there
.
Q.
Did
you
live
with
the
Dutchess
,
before
she
came
to
Mill-Bank
?
A.
I
liv'd
at
no
other
place
with
the
Dutchess
,
but
at
Mill-Bank
,
and
at
Drayton
.
Q.
D'
ye
know
how
Vaness
left
the
Dutchess's
Service
?
and
why
?
A.
Yes
;
upon
Complaints
of
Disorders
,
and
her
ill
Dressing
the
Victuals
.
Q.
What
Disorders
?
A.
There
were
Men
came
to
the
Door
to
enquire
for
her
,
twice
,
or
more
.
Q.
Did
you
see
the
Fellows
?
A.
Yes
,
I
saw
the
Fellows
,
they
came
to
the
Door
in
the
dusk
of
the
Evening
,
and
I
acquainted
the
Dutchess
with
it
,
and
told
her
Grace
,
I
did
not
think
it
safe
for
her
House
,
because
I
had
the
Charge
of
Silver
Spoons
and
Forks
.
Q.
What
sort
of
Men
were
they
?
A.
One
of
them
appear'd
to
me
to
be
a
Foot-Soldier
,
in
a
Blue
Coat
.
Q
In
what
manner
was
she
put
away
,
or
left
the
House
?
A.
Upon
these
Complaints
,
the
Dutchess
said
she
wou'd
turn
her
away
.
Q.
Did
you
hear
the
Dutchess
say
so
?
A.
Yes
.
Q.
Was
that
before
the
Tryal
at
the
Lord's
House
,
or
after
?
A.
To
the
best
of
my
remembrance
,
it
was
before
the
Tryal
,
the
latter
end
of
December
,
or
the
beginning
of
January
,
but
I
can't
be
positive
;
I
think
't
was
the
latter
end
of
December
.
Q.
Did
she
go
away
before
the
Tryal
,
or
not
?
A.
I
think
,
before
the
Tryal
,
but
I
am
not
sure
:
Yes
,
at
the
time
of
the
Tryal
,
I
remember
another
Cook
.
Q.
Are
you
sure
of
it
?
A.
Yes
,
I
am
sure
of
it
;
't
was
the
Coach-man's
Wife
,
one
Gosling
.
Q.
D'
ye
know
Hauseur
,
or
Nicola
?
A.
No.
Q.
You
liv'd
at
Mill-Bank
two
years
?
D'
you
know
no
such
Man
?
A.
I
never
heard
his
Name
before
;
I
had
no
acquaintance
with
him
,
nor
ever
saw
him
about
the
House
.
Cross-Examin'd
.
Q.
Where
d'
you
live
now
?
A.
Near
Huntingdon
;
I
Board
in
a
House
there
.
Q.
How
long
have
you
been
out
of
Service
?
A.
Ever
since
I
left
my
Lady-Dutchess
.
Q.
How
d'
you
live
then
?
A.
I
Board
in
a
House
;
I
follow
no
Employment
,
but
live
on
my
own
,
except
to
teach
Children
two
,
three
or
four
,
out
of
Charity
.
Q.
When
came
you
to
the
Dutchess's
Service
first
.
A.
I
served
her
about
ten
or
twelve
years
ago
,
but
I
can't
remember
the
precise
Time
,
't
is
so
long
since
.
Q.
How
long
did
you
live
with
her
then
?
A.
I
liv'd
with
her
about
half
a
year
at
Drayton
,
in
Northamptonshire
;
I
went
about
November
,
and
stay'd
till
Lady-Day
following
.
Q.
How
long
was
it
before
you
came
to
live
with
her
the
last
time
?
A.
I
can't
tell
.
Q.
You
say
you
came
to
live
with
her
about
two
years
and
a
quarter
;
What
time
was
that
?
A.
I
can't
tell
,
but
that
may
be
easily
found
;
I
liv'd
with
her
about
six
years
ago
,
or
thereabouts
.
Q.
How
long
did
you
leave
the
Dutchess
,
after
the
Hearing
came
on
,
in
this
Noble
House
?
A.
I
don't
know
;
it
was
about
a
year
and
three
quarters
,
or
two
years
,
I
can't
be
positive
.
Q.
Was
it
after
the
Tryal
began
?
A.
Yes
;
I
think
the
Tryal
began
in
January
,
and
't
was
a
year
after
it
began
.
Q.
Can't
you
be
positive
what
time
you
came
to
live
with
the
Dutchess
?
A.
I
came
about
August
to
Mill-Bank
,
but
the
Dutchess
was
not
come
then
,
but
the
October
following
my
Lady-Dutchess
came
.
Q.
Where
did
the
Dutchess
live
then
?
A.
I
don't
know
;
I
was
at
the
Lady
Peterburgh's
;
I
help'd
her
Servants
to
carry
things
,
and
to
get
things
ready
.
Q.
Did
you
know
where
the
Dutchess
liv'd
then
?
A.
No
;
some
said
she
liv'd
in
Flanders
,
others
in
Holland
,
and
some
in
France
.
Q.
Was
you
never
at
Foxhall
while
the
Dutchess
liv'd
there
?
A.
I
was
never
there
while
the
Dutchess
lived
there
,
if
she
did
live
there
.
Q.
Was
you
never
there
where
she
did
live
?
A.
When
no
body
liv'd
there
,
I
have
seen
the
House
where
they
said
she
did
live
.
Q.
How
long
ago
is
that
?
A.
I
know
not
how
long
ago
,
but
't
was
in
the
Summer-time
.
Q.
How
came
you
to
take
notice
of
that
House
more
than
the
rest
of
the
Houses
in
Foxhall
?
Who
was
it
told
you
the
Dutchess
liv'd
there
?
A.
I
think
it
was
one
that
was
—
Q.
You
said
the
Dutchess
went
sometimes
by
Water
;
Did
you
go
along
with
her
at
that
time
?
A.
Yes
,
I
did
,
with
some
other
Company
.
Q.
Was
you
ever
sent
to
the
House
,
to
fetch
Goods
from
thence
?
A.
No.
Q.
Who
went
with
you
,
when
you
went
with
the
Dutchess
there
?
A.
One
Mrs.
Boufflers
,
and
two
or
three
other
Ladies
.
Q.
D'
you
know
Sir
John
Germaine
?
A.
I
never
saw
him
,
but
in
his
Coach
,
as
he
was
going
along
the
Street
;
I
never
saw
him
in
any
House
,
or
any
other
place
,
sitting
or
going
,
but
in
his
Coach
.
Q.
Was
you
never
at
his
House
?
A.
I
never
was
at
his
House
,
nor
at
any
place
where
he
lived
.
Q.
You
say
you
were
admitted
to
the
Dutchess's
Chamber
,
to
rub
the
Room
?
A.
Yes
,
I
was
.
Q.
Did
you
not
see
Vaness
there
?
A.
No.
Q.
Can
you
take
it
upon
your
Oath
,
that
you
never
saw
her
there
?
A.
No
,
I
never
saw
her
there
,
but
I
saw
Susan
Barrington
there
.
Q.
What
Service
did
Susan
Barrington
do
there
?
A.
She
help'd
to
dress
and
undress
her
Grace
,
and
to
mend
Linen
,
as
I
think
.
Q.
When
saw
you
her
last
?
A.
't
was
about
the
9th
,
10th
,
or
11th
of
August
last
,
at
the
George-Inn
,
in
Huntingdon
.
Q.
D'
you
know
where
she
lived
then
?
A.
She
was
at
Huntingdon
then
,
and
came
with
the
Lady-Dutchess
to
take
a
Stage-Coach
for
London
;
she
was
at
the
George-Inn
,
in
Huntingdon
,
I
think
,
about
August
last
.
Q.
You
say
you
liv'd
at
the
Dutchess's
House
at
Mill-Bank
,
before
the
Dutchess
came
thither
;
Did
Vaness
come
with
her
,
or
was
she
hired
after
?
A.
I
think
she
came
with
the
Dutchess
.
Q.
D'
ye
know
whence
the
Dutchess
came
,
when
she
came
there
?
A.
As
I
have
heard
,
she
came
from
Foxhall
:
When
my
Lady-Dutchess
went
thither
by
Water
the
Summer
after
,
I
was
told
,
that
my
Lady
liv'd
at
such
a
House
in
Foxhall
.
Q.
Didn't
you
know
that
my
Lady-Dutchess
liv'd
at
Foxhall
?
A.
I
never
knew
my
Lady-Dutchess
till
she
liv'd
at
Mill-Bank
?
Q.
What
Account
had
you
,
at
the
Dutchess's
House
,
where
she
was
then
?
A.
People
said
she
was
in
Flanders
.
Q.
D'
you
know
when
Vaness
came
to
live
with
the
Dutchess
?
A.
I
believe
she
came
to
live
with
the
Dutchess
at
Mill-Bank
.
Q.
D'
you
know
when
she
was
discharg'd
out
of
her
Service
?
A.
I
think
't
was
the
latter
end
of
December
,
or
the
beginning
of
January
;
I
think
so
,
but
I
don't
speak
positively
.
Q.
Was
you
by
,
when
her
Wages
were
paid
?
A.
No.
Q.
Have
you
ever
seen
her
since
?
A.
No
;
I
never
saw
her
,
from
that
hour
to
this
.
Q.
Where
have
you
liv'd
since
you
left
the
Lady-Dutchess's
Service
?
and
how
?
Have
you
any
Estate
?
A.
I
have
a
small
Matter
to
live
on
;
I
live
near
Huntingdon
,
I
was
born
near
there
,
't
is
my
Native
Place
,
I
have
liv'd
there
about
four
or
five
Years
,
or
within
seven
Miles
of
that
Place
,
or
thereabouts
.
Q.
Did
Vaness
dress
the
Dutchess's
Dinner
when
she
liv'd
there
?
for
it
seems
she
was
not
good
enough
to
serve
you
.
A.
Yes
,
she
did
dress
the
Dutchess's
Dinner
,
but
I
did
not
care
to
eat
Victuals
of
her
dressing
.
Q.
When
did
you
first
complain
to
the
Dutchess
,
that
Men
follow'd
Vaness
?
or
that
you
apprehended
danger
by
her
being
there
?
A.
I
can't
tell
.
Q.
Was
she
discharg'd
immediately
after
that
?
A.
I
think
she
was
discharg'd
in
a
very
little
time
after
.
Q.
You
say
,
there
were
some
other
Ladies
that
went
with
the
Dutchess
to
Foxhall
;
Can
you
name
them
?
A.
Mrs.
Marshal
,
and
some
others
,
but
I
can't
be
positive
.
Q.
Did
you
know
Mrs.
Briane
?
A.
No
;
I
never
heard
her
Name
before
.
Q.
Did
the
Dutchess
eat
always
at
Peterburgh-House
,
or
Mill-Bank-House
,
as
you
call
it
?
A.
Sometimes
she
eat
abroad
,
and
sometimes
at
home
.
Q.
Who
dress'd
her
Victuals
when
she
eat
at
home
?
A.
Lena
.
Q.
What
d'
ye
mean
by
Mill-Bank-House
?
A.
Peterburgh-House
.
Q.
Who
did
you
hear
say
the
Dutchess
liv'd
at
that
House
at
Foxhall
?
A.
The
Dutchess
was
going
by
Water
,
and
told
the
Ladies
then
,
that
that
was
the
House
she
had
liv'd
at
,
at
Foxhall
;
and
walking
in
the
Garden
of
the
said
House
,
told
'em
so
.
JONAS
PEACOCK
.
Die
Lunae
4o
Martij
,
1699.
Frances
Knight
Sworn
,
Deposeth
as
followeth
.
Quest
.
HOW
long
have
you
liv'd
in
the
Dutchess
of
Norfolk's
Family
?
Answ
.
Twenty
seven
Years
,
or
upwards
.
Q.
With
whom
did
you
live
all
that
time
?
A.
With
the
Lady-Dutchess's
Father
,
the
Lady
Peterburgh
,
and
the
Dutchess
.
Q.
Did
you
live
with
the
Dutchess
when
she
liv'd
at
Mill-Bank
?
A.
Yes
,
I
liv'd
with
her
at
her
first
coming
there
.
Q.
Have
you
been
with
her
ever
since
?
A.
Yes
.
Q.
Did
you
know
Vaness
in
the
Dutchess's
Family
at
Mill-Bank
,
and
what
Employ
she
had
there
?
A.
Yes
,
I
know
her
very
vell
:
She
was
in
the
Kitchin
.
Q.
Did
you
use
to
be
in
the
Dutchess's
Bed-Chamber
,
and
about
her
Person
?
A.
Yes
,
I
was
the
first
in
the
Morning
there
,
and
the
last
at
Night
,
constantly
.
Q.
Did
you
know
Eleanor
Vaness
there
?
and
did
she
use
to
come
into
the
Dutchess's
Chamber
?
A.
She
never
came
there
.
Q.
Where
us'd
she
to
employ
her self
?
A.
In
the
Kitchin
.
Q.
Was
she
well
enough
in
Cloath's
,
cleanly
enough
,
and
fit
to
come
into
the
Dutchess's
Chamber
?
A.
No
,
she
was
not
.
Q.
What
time
went
she
away
?
and
upon
what
account
?
A.
My
Lady
put
her
away
,
because
Soldiers
came
and
ask'd
for
her
,
and
sent
for
her
to
Ale-houses
about
Ten
a
Clock
at
Night
.
I
went
up
one
Morning
,
and
complain'd
of
her
to
my
Lady-Dutchess
,
and
told
her
that
Soldiers
haunted
her
,
ask'd
for
her
,
and
sent
for
her
to
Ale-houses
at
Ten
a
Clock
at
Night
:
And
my
Lady-Dutchess
said
,
She
would
not
keep
a
Servant
that
kept
ill
hours
.
Q.
Was
this
before
the
Tryal
?
A.
Yes
,
my
Lady
put
her
away
,
upon
my
speaking
this
.
Q.
Do
you
know
why
she
was
put
away
?
A.
Yes
,
for
having
Soldiers
haunt
her
Company
.
Q.
Consider
well
what
you
say
.
A.
Yes
,
my
Lords
;
I
speak
what
my
Conscience
tells
me
:
Here
I
am
before
the
Lords
,
I
must
speak
Truth
.
Q.
How
far
can
you
recollect
your self
,
if
it
was
before
the
Tryal
,
or
not
,
that
she
was
put
away
.
A.
It
was
before
the
Tryal
.
Q.
How
long
?
A.
I
can't
remember
;
I
think
it
was
about
a
Quarter
of
a
Year
,
I
can't
tell
exactly
,
but
it
was
near
upon
.
Q.
How
near
was
you
to
the
Dutchess
?
What
was
your
Employment
?
A.
I
help'd
to
get
her
to
bed
,
as
her
Chamber-Maid
.
Q.
Did
Eleanor
Vaness
never
undress
her
?
A.
No
,
never
in
this
world
.
Q.
Did
you
never
know
her
come
into
the
Dutchess's
Chamber
?
A.
Never
,
never
.
Oh
,
fie
!
Never
,
indeed
.
Q.
D'
ye
know
Nicholas
Hauseur
?
A.
I
don't
know
him
:
There
were
many
ask'd
for
Mr.
Keemer
,
but
I
did
not
know
them
,
for
he
has
many
Acquaintance
.
Q.
Did
you
know
Thomas
Hawsworth
,
your
Fellow-Servant
?
A.
Yes
,
he
came
when
my
Lady
came
to
Mill-Bank
,
Mr.
Peacock
came
before
,
they
were
both
Servants
together
.
Frances
Knight
Cross-Examin'd
.
Q.
You
say
you
liv'd
Twenty-seven
Years
and
upwards
with
the
Dutchess
and
her
Mother
?
Do
you
live
with
the
Dutchess
still
?
A.
Yes
.
Q.
How
long
is
it
since
you
liv'd
with
her
Mother
?
A.
After
the
Dutchess
was
marry'd
,
I
came
to
live
with
her
and
my
Lord-Duke
.
Q.
Have
you
been
in
her
Service
ever
since
?
A.
Yes
.
Q.
After
the
Duke
parted
with
my
Lady-Dutchess
,
Where
did
she
go
to
live
?
A.
She
liv'd
at
Mill-Bank
,
and
no
where
else
,
that
I
know
of
.
Q.
Came
you
to
live
with
her
soon
after
her
Marriage
?
and
have
you
lived
with
with
her
ever
since
?
and
did
she
ever
live
at
Foxhall
?
A.
I
never
lived
with
her
at
Foxhall
.
Q.
Then
you
have
not
lived
with
her
ever
since
?
A.
I
have
liv'd
with
her
ever
since
,
I
have
taken
my
Oath
,
and
as
near
as
I
can
tell
you
.
Q.
Where
did
the
Dutchess
live
before
she
came
to
Mill-Bank
?
A.
She
liv'd
at
Foxhall
.
Q.
Did
not
you
live
with
her
there
?
A.
No
;
I
broke
my
Leg
,
and
was
brought
home
to
her
Mother's
,
and
stay'd
there
a
Twelvemonth
;
Mr.
Peters
was
my
Surgeon
,
he
can
tell
it
.
I
came
here
to
speak
the
Truth
.
Q.
Don't
be
angry
.
A.
No.
Q.
Did
you
continue
with
the
Dutchess
till
you
broke
your
Leg
?
A.
Yes
;
and
when
I
broke
my
Leg
,
I
went
home
to
her
Mother's
.
Q.
When
left
you
Dutchess
after
she
parted
with
my
Lord-Duke
.
A.
I
left
her
at
Mill-Bank
.
Q.
Do
you
know
the
Question
that
's
ask'd
?
When
did
you
leave
the
Dutchess
after
she
parted
with
the
Duke
?
A.
I
know
no
such
Questions
as
you
ask
.
I
speak
the
Truth
,
as
well
as
I
can
.
Q.
Where
did
my
Lady-Dutchess
go
,
when
you
left
her
?
A.
I
went
away
lame
,
and
cou'd
do
her
no
service
.
Q.
Where
did
you
come
to
my
Lady-Dutchess
again
,
when
you
were
well
.
A.
At
Mill-Bank
.
Q.
Was
you
ever
with
her
at
Foxhall
?
A.
I
was
not
there
,
because
I
was
lame
.
Q
Was
you
ever
at
Foxhall
?
A.
I
told
you
,
I
broke
my
Leg
.
Q.
Was
you
ever
at
Foxhall
,
or
not
?
A.
I
tell
you
,
I
was
lame
.
Q.
Was
you
ever
at
Foxhall
at
any
time
?
A.
I
tell
you
I
was
lame
;
I
give
you
an
Answer
to
your
Question
.
I
tell
these
Noble
Lords
,
that
every
word
I
speak
is
Truth
.
Q.
But
you
are
swore
to
speak
the
Whole
Truth
.
A.
I
speak
the
Truth
.
Why
should
you
do
so
?
Q.
Was
you
ever
with
the
Dutchess
at
Foxhall
?
A.
I
was
not
able
to
be
there
with
her
.
Q.
Was
you
there
with
her
,
or
not
?
A.
I
was
not
able
to
go
thither
.
Q.
Was
you
never
there
?
A.
I
was
not
able
to
go
thither
.
Q.
Was
you
ever
there
or
not
with
the
Dutchess
?
A.
No
,
I
never
was
at
Foxhall
in
my
life
,
but
at
Mill-Bank
and
Whitehall
I
have
.
Memorandum
,
In
this
Interlineation
was
alter'd
,
upon
reading
over
her
Examination
,
Yes
,
I
have
been
there
,
but
I
did
not
stay
there
.
Q.
Was
you
ever
there
with
the
Dutchess
,
or
not
?
A.
I
was
not
there
:
I
tell
you
I
was
not
there
,
I
was
lame
.
Q.
Was
you
never
there
with
the
Dutchess
at
any
time
?
A.
No
,
I
tell
you
I
was
lame
:
I
was
never
there
with
the
Dutchess
.
Q.
Where
was
the
Dutchess
before
she
came
to
Mill-Bank
?
A.
That
I
can't
tell
.
Q.
Where
was
she
when
you
broke
your
Leg
?
A.
I
left
her
at
Mill-Bank
,
with
her
Mother
.
Q.
Where
did
you
find
her
,
when
you
came
again
?
A.
I
found
her
at
her
Mother
's
Q.
Can't
you
tell
where
she
was
in
the
mean
time
.
A.
No.
Q.
Was
you
never
told
by
any
of
the
Family
where
she
was
at
that
time
?
A.
No.
Q.
Did
Vaness
come
to
the
Dutchess
when
she
liv'd
at
Mill-Bank
?
A.
Yes
.
Q.
How
long
did
she
live
with
her
after
.
A.
I
can't
tell
;
but
a
short
time
.
Q.
Do
you
know
Susanna
Barrington
?
A.
Yes
.
Q.
When
did
you
see
her
last
?
A.
About
Three
Weeks
ago
.
Q.
Is
she
not
in
the
Dutchess's
Service
still
?
A.
I
'll
tell
you
the
Truth
;
She
receiv'd
a
Letter
from
Flanders
,
acquainting
her
that
her
Mother
was
dead
.
She
was
very
much
afficted
with
it
:
And
when
the
Dutchess
came
in
,
I
told
her
Grace
that
Susan
had
receiv'd
a
Letter
that
her
Mother
was
dead
,
and
I
did
desire
my
Lady
to
give
her
leave
to
go
to
Holland
,
and
she
's
there
.
Q.
Did
you
see
the
Letter
?
A.
I
saw
it
.
Q.
Was
it
from
her
Mother
,
or
from
her
Sister
?
A.
Yes
,
't
was
from
her
Sister
,
That
her
Mother
was
dead
.
Q.
Was
Susanna
Barrington
in
the
Dutchess's
Service
when
this
Bill
was
depending
.
A.
No.
Q.
How
long
is
it
since
you
received
that
Letter
.
A.
't
is
about
Three
Weeks
ago
.
Q.
How
long
is
it
since
she
went
.
A.
A
Fortnight
,
to
Day
.
Q.
Did
you
see
her
at
any
time
since
these
Three
Weeks
?
A.
No
,
No.
Q.
Did
you
not
live
with
her
in
the
House
?
and
did
you
not
see
her
?
A.
She
has
been
gone
about
a
Week
.
Q.
D'
you
know
Mrs.
Judith
?
A.
No.
Q.
D'
ye
know
Mrs.
Briane
?
A.
I
have
heard
of
her
Name
,
but
am
not
acquainted
with
her
.
Q.
Had
you
any
Discourse
with
Vaness
,
when
she
came
to
Mill-Bank
to
live
with
the
Dutchess
?
A.
No
,
I
never
lik'd
her
Discourse
.
Q.
Did
you
ever
hear
the
Dutchess
say
that
she
liv'd
at
Foxhall
?
A.
No.
Q.
Do
you
know
Sir
John
Germaine
?
A.
I
know
him
by
sight
.
Q.
Did
you
ever
see
him
at
the
Dutchess's
.
A.
No.
Q.
Did
you
never
see
him
at
Mill-Bank
,
or
at
her
House
here
.
A.
No
,
my
Lords
,
never
.
Q.
Did
Vaness
come
along
with
the
Dutchess
when
she
came
to
Mill-Bank
?
or
was
she
hired
after
her
return
.
A.
She
came
after
her
return
to
Mill-Bank
.
Q.
What
time
went
she
away
?
A.
I
can't
tell
the
Day
;
that
's
a
hard
Question
.
She
went
away
,
on
my
speaking
to
the
Dutchess
,
that
she
was
haunted
with
bad
C●mpany
.
Q.
Did
not
she
dress
the
Dinner
,
when
the
Dutchess
dined
at
home
.
A.
Yes
,
but
she
never
dined
at
home
but
very
seldom
.
Q.
Can't
you
tell
when
Vaness
went
away
?
A.
No.
Q.
Did
you
know
Nicholas
Hauseur
?
A.
No
,
I
know
no
such
Man
.
There
were
many
People
came
to
Mr.
Keemer
,
Lords
Servants
,
and
others
,
I
don't
know
such
People
.
Q.
You
have
heard
that
the
Dutchess
liv'd
at
Foxhall
.
A.
Yes
.
Q.
At
what
time
did
she
live
there
?
A.
I
can't
tell
you
;
I
was
sick
in
bed
.
Q.
You
may
recollect
about
what
time
was
it
.
A.
I
was
lame
in
March
,
this
Month
:
I
can't
tell
what
Year
.
Q.
D'
you
know
what
House
she
lived
in
?
A.
Yes
;
't
was
one
Sir
Thomas
Grosvener's
,
at
Mill-Bank
.
Q.
I
ask
you
what
House
she
liv'd
at
,
at
Foxhall
?
A.
I
know
not
.
Q.
How
came
you
to
know
the
Dutchess
liv'd
at
Foxhall
?
A.
You
ask
what
I
can't
tell
you
.
Q.
You
daren't
tell
.
A.
Yes
,
I
'll
tell
the
Truth
,
before
all
the
House
of
Lords
.
Q.
You
said
she
liv'd
at
Foxhall
?
A.
No
,
I
never
said
it
.
Q.
Whence
came
the
Dutchess
,
when
she
came
to
Mill-Bank
?
A.
She
came
from
the
Place
she
did
;
I
did
not
ask
her
the
Question
,
I
durst
not
be
so
bold
.
Q.
Can't
you
tell
when
she
came
to
Mill-Bank
?
nor
from
what
Place
she
came
?
A.
I
can't
tell
the
Day
when
she
came
.
I
don
't
ask
from
what
Place
People
come
.
Q.
When
did
you
know
Sir
John
Germaine
first
?
A.
I
saw
him
first
with
my
Lord-Duke
there
,
at
his
House
in
the
Square
.
Q.
Did
you
never
know
him
keep
Company
with
the
Dutchess
?
A.
No
,
but
only
with
the
Duke
of
Norfolk
there
;
I
speak
in
the
Presence
of
God
.
Sign'd
,
FRANCES
KNIGHT
.
Die
Lunae
4o
Martij
,
1699.
William
White
Sworn
,
Deposeth
as
followeth
.
Quest
.
DID
you
live
with
the
Dutchess
of
Norfolk
,
for
some
Years
past
?
Answ
.
I
liv'd
with
her
since
the
first
Week
of
the
first
Tryal
,
about
six
,
or
seven
,
or
eight
Years
ago
.
Q.
What
care
was
there
taken
about
the
Dutchess's
Door
into
the
Park
?
A.
I
generally
went
out
the
first
in
a
Morning
;
the
Door
had
two
Bolts
,
a
Cross-Barr
,
and
an
Iron
Chain
;
besides
,
these
I
unbolted
every
Morning
,
and
unbarr'd
,
when
I
went
out
early
.
Q.
Did
you
ever
hear
or
understand
that
Hauseur
had
a
Key
to
that
Door
?
A.
I
never
knew
any
thing
of
it
,
nor
know
not
of
what
use
it
could
have
been
;
for
he
could
not
come
in
,
till
the
Door
was
unbolted
.
Q.
Say
positively
,
whether
ever
you
have
heard
,
that
this
Man
had
a
Key
to
that
Door
.
A.
I
never
heard
of
it
.
Q.
Did
you
ever
see
him
come
in
at
that
Door
?
A.
Yes
.
Q.
How
?
Upon
what
Occasion
?
A.
I
happen'd
to
be
going
out
my self
,
and
to
open
the
Door
for
him
.
His
Business
,
I
was
told
by
my
Lady-Dutchess's
Maid
,
was
,
That
she
had
lent
Money
to
a
Man
in
Holland
,
and
she
wrote
a
Letter
to
be
carry'd
by
this
Man
to
her
Sister
,
to
get
the
Money
;
and
she
sent
another
Letter
by
one
Bull
,
to
carry
to
Holland
,
to
get
the
Money
,
as
she
told
me
.
Q
Did
you
let
him
in
?
A.
I
unbolted
the
Door
,
and
let
him
in
.
Q.
Did
you
find
that
this
Man
used
to
come
freely
to
the
House
,
at
that
Door
,
by
any
Key
?
A.
No
,
I
never
knew
it
.
Q.
Who
did
he
come
to
?
A.
To
Susan
Barrington
.
Q.
Did
you
ever
see
him
above
stairs
with
her
?
A.
No
;
he
might
come
in
,
and
I
not
see
it
.
Q.
Did
the
Dutchess
or
Servants
say
any
thing
that
he
had
Leave
to
come
in
?
A.
I
never
examin'd
that
;
because
any
body
that
had
Business
had
leave
to
come
in
,
as
Tradesmen
,
and
others
.
Q.
Did
they
tell
you
in
the
House
,
that
Hauseur
was
at
liberty
to
come
into
the
House
with
a
Key
?
A.
No
,
Never
Q.
Had
you
ever
any
Discourse
with
Hauseur
?
A.
I
was
one
day
coming
from
Change
,
and
met
Mr.
L'Estrange
,
and
this
Hauseur
.
L'Estrange
told
me
that
he
was
ill
of
the
Gripes
.
I
told
him
,
that
the
best
thing
for
it
was
Burnt-Claret
;
and
he
and
I
and
Hauseur
went
to
a
Tavern
in
Smithfield
:
And
while
we
were
together
,
Hauseur
reflected
upon
his
Master
,
saying
,
His
Master
had
used
him
ill
,
and
deserved
to
be
ill
used
.
Mr.
L'Estrange
heard
these
and
some
more
words
;
and
Mr.
L'Estrange
told
me
that
he
spoke
to
that
purpose
,
he
was
resolv'd
to
be
reveng'd
of
his
Master
.
Q.
What
did
he
say
of
his
Master
?
A.
He
said
his
Master
had
used
him
very
ill
;
he
had
many
threatning
Words
;
he
said
his
Master
was
an
ill
Man
,
and
deserved
to
be
ill
used
,
and
the
time
would
come
when
he
should
repent
it
.
Q.
When
did
he
say
these
words
?
A.
't
was
about
Michaelmas
two
Years
ago
,
or
a
Year
ago
,
I
can't
tell
which
.
Cross-Examin'd
.
Q.
You
say
you
liv'd
with
the
Dutchess
the
first
Week
of
the
first
Tryal
;
Was
Vaness
there
at
that
time
?
A.
She
was
gone
before
I
came
.
Q.
How
long
?
A.
I
can't
tell
;
I
never
saw
her
there
,
to
the
best
of
my
remembrance
,
but
have
heard
there
was
such
a
one
in
the
Family
.
Q.
Did
you
know
Hauseur
?
A.
I
see
him
come
in
at
the
Back-Door
.
Q.
Whose
Servant
was
he
then
?
A.
The
first
time
I
did
not
know
;
but
a
little
after
,
I
was
told
he
was
Sir
John
Germaine's
.
Q.
What
Occasion
had
he
to
come
to
the
Dutchess's
House
?
A.
I
know
not
,
but
about
the
business
of
the
Letter
.
Q.
How
often
did
you
see
him
there
?
A.
Two
or
three
times
,
or
more
.
Q.
With
whom
?
A.
With
Susan
Barrington
.
Q.
What
was
his
Business
with
her
?
A.
About
the
Money
,
as
she
told
me
.
He
went
along
with
that
Woman
;
she
sent
a
Letter
by
him
;
and
she
sent
Letters
by
some
other
Dutchmen
,
into
Holland
,
about
the
Money
.
Q.
Did
he
ask
for
any
other
Servant
?
A.
Not
that
I
know
of
.
Q.
Did
you
see
him
above
stairs
with
her
?
A.
I
never
saw
them
in
any
Apartment
but
that
place
below
,
where
the
Lumber
is
,
near
the
Park-Door
.
Q.
D'
you
know
Susan
Barrington
?
A.
I
know
her
very
well
.
Q.
D'
you
know
where
she
is
now
?
A.
Her
Mother
dy'd
about
the
10th
.
of
January
,
and
then
I
saw
her
all
in
Tears
,
and
she
went
away
after
this
Account
of
her
Mother's
Death
.
Q.
When
did
you
see
her
last
?
A.
I
have
not
seen
her
this
Fortnight
or
Month
,
that
I
know
of
,
that
I
could
distinguish
her
from
another
Woman
,
except
she
had
a
Mask
on
.
Q.
How
long
before
this
Tryal
saw
you
her
?
A.
About
a
Fortnight
.
She
gave
me
an
Account
that
her
Mother
died
the
10th
.
of
January
,
in
Holland
.
Q.
When
did
she
go
away
?
A.
I
did
not
take
notice
of
the
Time
she
went
away
?
Q.
Did
you
know
Hauseur
at
any
other
Place
but
at
the
Lady-Dutchess's
?
A.
Never
,
but
as
I
have
seen
him
in
the
Park
,
and
with
Mr.
L'Estrange
.
Q.
Was
you
never
with
him
at
Sir
John
Germaine's
.
A.
Never
.
Q.
D'
you
know
Sir
John
Germaine
?
A.
After
I
had
lived
with
the
Dutchess
some
time
,
I
was
told
by
some
in
the
street
,
that
that
was
his
Coach
,
and
his
Livery
,
and
that
he
was
the
Man
that
there
was
so
much
Noise
about
.
Q.
Did
you
never
see
him
in
the
Dutchess's
House
?
A.
I
never
saw
him
in
no
part
of
my
Lady-Dutchess's
House
,
nor
in
no
Apartment
,
and
I
am
the
only
Man
that
goes
up
and
down
Stairs
.
Q.
Did
you
never
see
him
in
the
Dutchess's
Company
at
any
other
Place
?
A.
No.
Q.
Did
you
constantly
lie
at
the
Dutchess's
House
?
A.
When
the
Dutchess
was
last
at
Drayton
,
I
lay
at
Richmond
two
or
three
Nights
.
Q.
Did
you
lie
constantly
there
,
when
the
Dutchess
was
there
?
A.
I
was
sick
near
a
Month
,
and
all
that
time
I
lay
at
my
Wife's
;
but
most
commonly
lay
at
the
Dutchess's
since
she
is
come
to
Duke-street
to
live
.
Q.
You
say
you
used
to
open
the
Door
in
the
Park
first
in
a
Morning
;
What
time
did
you
use
to
open
it
at
?
A.
At
Six
,
Seven
,
or
Eight
a
Clock
in
a
Morning
;
there
was
no
certain
hour
,
but
I
generally
open'd
that
Door
.
Q.
Did
you
ever
know
Hauseur
come
in
at
any
other
Door
but
that
?
A.
Yes
;
one
wet
Day
he
came
in
at
the
Street-Door
,
before
the
Porter
,
and
all
the
Servants
,
and
ask'd
for
the
same
Woman
.
Q.
Did
he
never
ask
for
any
other
Body
?
A.
I
never
heard
him
ask
for
any
but
Susan
Barrington
,
for
she
was
his
Country-woman
.
Q.
If
Nicholas
got
in
at
the
Park-Door
,
Could
not
he
get
up
Stairs
?
A.
If
he
could
get
in
at
that
Door
he
talks
of
,
he
could
not
get
into
the
Dutchess's
Apartment
;
for
there
was
a
Room
betwixt
that
,
where
the
Plate
and
Jewels
lay
,
that
no
Key
could
open
:
that
if
he
could
get
up
two
Pair
of
Stairs
,
he
could
not
get
in
there
.
Q.
If
he
had
a
Key
,
and
got
in
at
any
Door
;
Cou'dn't
Susan
Barrington
,
when
he
came
in
,
without
any
difficulty
,
lead
him
●ound
the
House
.
A.
I
can't
say
but
she
might
,
but
I
never
saw
him
,
but
below
stairs
with
that
Woman
,
and
then
he
went
away
without
going
up
stair
.
Q.
Did
you
never
see
him
bring
any
thing
to
●he
House
?
A.
No.
Q.
You
nam'd
one
L'Estrange
,
that
you
saw
with
him
at
the
Tavern
;
What
is
he
?
A.
He
was
my
old
Fellow-Servant
at
the
late
Duke
of
Norfolk's
.
Q.
What
Discourse
had
you
with
him
then
?
A.
He
complain'd
to
me
of
his
being
ill
,
and
I
gave
him
the
best
of
my
Advice
.
Q.
What
time
was
it
that
Nicholas
had
those
threatning
Words
against
his
Master
?
A.
About
Ten
,
Eleven
or
Twelve
a
Clock
at
Noon
.
Q.
How
long
ago
is
it
?
A.
I
can't
tell
if
it
be
a
year
,
or
two
year
;
't
was
a
little
after
Michaelmas
;
but
whether
it
be
one
year
or
two
year
,
I
can't
tell
.
Q.
Cou'dn't
Mr.
L'Estrange
tell
?
A.
I
ask'd
Mr.
L'Estrange
,
and
he
cou'd
not
tell
.
Q.
Whose
Servant
was
Nicholas
then
?
A.
He
was
no
body's
Servant
then
.
He
rail'd
against
his
Master
at
that
time
for
turning
him
away
.
Q.
Did
you
not
know
who
was
his
Master
a
year
or
two
ago
?
A.
He
told
me
he
was
out
of
Place
.
Q.
Did
you
not
know
him
to
be
Sir
John
Germaine's
Servant
,
when
he
came
to
the
Dutchess's
?
A.
I
did
not
know
it
,
when
I
first
saw
him
and
Susan
together
;
but
some
time
before
he
went
away
,
I
heard
he
was
his
Servant
.
Q.
But
you
say
,
you
did
not
know
Sir
John
Germaine
about
two
years
ago
.
A.
I
did
not
know
him
,
so
as
to
speak
to
him
.
WILLIAM
WHITE
.
Die
Lunae
4o
Martij
,
1699.
Matthew
Mac-Dondell
Sworn
,
Deposeth
as
followeth
.
Quest
.
HOW
long
have
you
liv'd
with
the
Dutchess
of
Norfolk
?
Answ
.
Four
Years
,
at
Lady-Day
next
.
Q.
In
what
manner
was
the
Door
going
out
to
the
Park
kept
?
Had
any
body
a
Key
to
it
that
was
not
of
the
Family
?
Did
it
use
to
be
left
open
?
A.
't
was
not
to
be
left
open
;
't
was
very
unsafe
to
be
left
open
:
besides
,
it
was
bolted
and
lock'd
.
Q.
Was
there
particular
Care
taken
of
that
Door
?
A.
Yes
,
I
my self
bolted
it
very
often
at
Night
.
Q.
Did
you
often
unbolt
it
in
a
Morning
?
A.
Yes
.
Q.
Whether
or
not
,
the
time
that
you
lived
there
,
did
you
know
any
body
that
was
not
or
the
Family
come
with
a
Key
to
open
that
Door
?
A.
Never
.
Q.
Did
you
know
Hauseur
or
Nicholas
?
Had
he
a
Key
to
that
Door
?
A.
I
never
knew
it
.
Q.
Did
you
ever
see
him
come
in
at
that
Door
?
A.
I
open'd
that
Door
for
him
once
or
twice
,
when
he
rung
.
Q.
When
was
that
?
A.
In
an
Evening
.
Q.
What
did
he
come
about
?
A.
I
do
not
know
;
but
he
ask'd
for
Susan
,
my
Lady-Dutchess's
Servant
.
Q.
Did
you
ever
see
him
go
up
stairs
?
A.
I
never
did
hear
he
went
up
in
my
life
.
Q.
When
he
ask'd
for
Susan
,
Did
he
go
up
then
?
A.
No
;
I
call'd
her
to
him
,
and
I
never
saw
him
go
up
stairs
.
Q.
Did
you
stay
with
him
all
the
while
Susan
was
with
him
?
A.
No
,
I
had
no
more
business
:
I
went
my
way
.
Q.
Was
Nicholas
,
when
he
rung
,
in
the
Park
,
or
at
the
Inner-Door
?
A.
In
the
Park
.
Cross-Examin'd
.
Q
:
Did
you
know
whose
Servant
Nicholas
was
?
A.
I
did
not
know
,
nor
I
ask'd
no
Questions
.
Q.
How
often
have
you
seen
him
at
the
Dutchess's
?
A.
Three
times
.
Q.
Did
he
always
ask
for
Susanna
Barrington
?
A.
One
time
he
ask'd
for
Mr.
Keemer
.
Q.
Who
was
Mr.
Keemer
?
A.
He
was
the
Dutchess's
Servant
.
Q.
Did
you
use
to
stay
with
him
?
or
did
you
leave
him
?
A.
No.
To
tell
you
the
plain
Truth
,
I
thought
he
came
to
Court
Susan
,
and
did
not
stay
with
him
.
Q.
Did
you
ever
see
him
up
stairs
,
in
Susan's
Room
?
A.
I
never
saw
him
there
.
Q.
What
Employment
have
you
,
under
the
Dutchess
?
A.
I
am
her
Foot-man
.
Q.
When
did
you
see
Susan
last
?
A.
On
Tuesday
Seven-night
,
in
the
Morning
.
Q.
Not
since
?
A.
No.
Q.
Where
did
you
see
her
then
?
A.
At
the
Dutchess's
House
.
Q.
What
became
of
her
after
that
?
A.
She
said
her
Mother
died
lately
in
Holland
,
and
she
was
going
there
.
Q.
When
did
you
hear
her
say
so
?
A.
I
heard
her
say
so
several
times
before
she
went
away
,
a
Month
,
or
a
Quarter
of
a
Year
before
she
talk'd
of
going
to
Holland
.
Q.
Upon
your
Oath
,
Don't
you
know
that
she
is
at
the
Dutchess's
?
A.
I
know
not
of
her
being
there
.
Q.
Can
you
take
it
upon
your
Oath
,
when
she
was
first
wanting
?
A.
I
saw
her
on
Tuesday
Seven-night
last
,
in
the
Morning
.
Q.
How
came
you
to
know
she
was
gone
,
if
you
don't
know
the
Time
when
she
went
?
A.
I
did
not
know
she
was
gone
,
till
I
went
home
from
the
House
here
.
Q.
Who
told
you
she
was
gone
?
A.
The
Servants
.
Q.
She
was
there
when
you
came
hither
.
A.
On
Tuesday
Morning
I
did
see
her
.
Q.
Has
the
Dutchess
another
in
her
Station
?
A.
There
is
one
Mrs.
Cambell
,
that
dresses
my
Lady-Dutchess
,
but
she
does
not
live
there
.
Q.
Did
she
use
,
in
Susan's
time
,
to
come
and
dress
the
Dutchess
?
A.
Yes
,
she
us'd
to
come
sometimes
.
Q.
Has
the
Dutchess
taken
any
body
to
do
Susan's
Work
?
A.
I
know
not
of
any
.
Signed
,
MATTHEW
MAC-DONNEL
.
Die
Lunae
4o
Martii
,
1699.
Mr.
Robert
Welburne
Sworn
,
Deposeth
as
followeth
.
Quest
.
WHat
Account
can
you
give
of
Mr.
L'Estrange's
having
Notice
to
be
a
Witness
?
Answ
.
I
was
told
by
the
Dutchess
,
that
L'Estrange
had
been
with
her
,
and
gave
her
an
Account
of
some
Particulars
between
White
,
and
him
,
and
Nicholas
;
That
having
the
Griping
in
the
Guts
,
they
went
into
a
Tavern
together
;
That
he
heard
White
and
Nicholas
talk
together
very
loud
,
but
he
told
me
he
had
the
Gripes
,
and
could
not
so
well
mind
what
he
said
,
but
he
heard
him
use
hard
words
against
his
Master
,
but
he
could
not
remember
that
he
said
he
would
be
Reveng'd
upon
his
Master
;
but
he
would
recollect
himself
,
and
if
he
could
remember
,
he
would
say
what
he
could
.
He
told
me
,
he
had
been
bred
in
the
Norfolk
Family
.
Q.
Did
you
ask
Mr.
L'Estrange
about
this
Matter
?
A.
Yes
,
Mr.
L'Estrange
told
me
,
he
remembred
they
were
together
,
and
heard
Nicholas
speak
very
hard
,
ill
words
against
his
Master
,
but
he
could
not
be
positive
what
they
were
;
but
what
he
could
remember
,
he
would
speak
,
if
that
would
do
the
Dutchess
any
service
.
He
desired
my
Lady-Dutchess
would
give
him
Notice
the
Night
before
,
and
he
would
appear
.
Q.
When
was
this
?
A.
't
was
Tuesday
or
Wednesday
:
I
think
't
was
Wednesday
.
Cross-Examin'd
.
Q.
Did
the
Lady-Dutchess
tell
you
what
Mr.
L'Estrange
said
?
A.
Yes
;
that
gave
me
the
Occasion
to
speak
of
it
.
He
said
,
he
heard
Nicholas
say
hard
,
ill
Words
against
his
Master
,
but
not
that
he
heard
him
say
he
would
study
to
be
reveng'd
.
Perhaps
,
says
he
,
there
might
be
some
other
words
.
That
he
was
in
the
Kitchin
,
and
would
endeavour
to
recollect
who
was
there
besides
;
and
if
he
had
two
or
three
Days
time
,
he
would
enquire
.
Q.
Did
you
let
him
know
that
you
was
concern'd
for
the
Dutchess
?
A.
Yes
;
and
he
told
me
he
would
tell
what
he
could
say
in
this
Matter
;
and
he
should
be
ready
to
appear
at
any
time
,
if
that
would
be
for
the
Dutchess's
advantage
.
Q.
Did
he
tell
you
he
was
going
abroad
,
into
Holland
?
A.
Not
one
word
.
Q.
Did
you
intimate
to
him
,
when
the
Dutchess
was
to
make
her
Defence
?
A.
I
think
I
did
,
but
I
can't
be
positive
;
but
he
took
no
notice
to
me
,
that
he
would
not
be
there
.
Q.
D'
you
know
Mr.
La
Fountaine
?
A.
Yes
,
I
know
one
La
Fountaine
.
Q.
Is
he
in
the
Dutchess's
Service
?
A.
I
believe
not
.
Q.
D'
you
know
whether
he
is
at
Drayton
?
A.
I
have
seen
him
at
Drayton
.
Q.
Did
he
live
with
Sir
John
Germaine
,
that
you
know
of
?
A.
Never
,
that
I
know
of
.
Q.
When
saw
you
Susan
Barrington
?
A.
I
can't
be
positive
;
but
I
think
,
not
this
Month
or
Six
Weeks
.
Q.
Han't
you
seen
her
since
this
Bill
was
brought
in
.
A.
Positively
,
I
have
not
.
ROBERT
WELBORNE
.
Die
Lunae
4o
Martij
,
1699.
Eleanor
Monfort
Sworn
,
Deposeth
as
followeth
.
Quest
.
TEll
the
Lords
if
you
know
Nicholas
Hauseur
,
and
on
what
Account
you
came
to
know
him
?
Answ
.
This
Nicholas
lodg'd
two
or
three
times
at
my
House
.
My
Husband
was
a
Dutchman
,
and
he
was
a
Dutch-man
;
they
were
like
Brothers
,
they
lov'd
one
another
.
Q.
What
know
you
of
this
Man
,
this
Nicholas
?
A.
My
Husband
told
me
,
that
this
Man
Nicholas
,
I
did
not
know
no
other
Name
he
had
;
my
Husband
told
me
,
that
he
had
a
Design
to
rob
his
Master
,
and
that
he
knew
where
his
Gold
and
his
Jewels
lay
,
and
had
made
False-Keys
,
and
would
watch
his
opportunity
,
when
his
Master
was
at
Play
,
or
out
of
Town
,
and
left
the
Keys
at
her
House
.
Q.
Your
Husband
told
you
so
?
A.
Yes
,
my
Husband
bid
me
send
for
this
Man
;
these
were
his
last
Dying
Words
.
Q.
Your
Husband
had
a
sad
Misfortune
.
When
was
't
your
Husband
told
you
so
?
A.
When
he
was
in
Prison
.
Q.
How
long
ago
is
that
?
A.
About
eight
or
nine
Years
ago
,
last
Christmas
.
I
would
not
have
your
Lordships
think
my
Husband
was
so
bad
a
Man
;
he
was
only
Condemn'd
and
Executed
for
Changing
Ten
Pounds
of
his
own
Money
.
A.
What
were
your
Husband's
Last
Dying
Words
?
A.
He
desir'd
me
to
send
for
this
Fellow
,
and
deliver
those
Things
he
left
at
my
House
.
I
sent
for
him
.
He
came
,
and
had
some
Keys
in
a
Drawer
,
that
my
Husband
told
me
he
left
there
He
took
two
or
three
Keys
,
and
put
them
in
his
Pocket
,
and
look'd
mightily
out
of
Countenance
.
Q.
What
did
your
Husband
say
to
you
?
A.
He
bid
me
give
Nicholas
the
Keys
,
and
bid
him
have
a
care
,
and
keep
good
Company
.
Q.
When
was
that
?
A.
A
Week
or
Fortnight
before
my
Husband
was
Executed
.
Q.
Did
you
acquaint
Nicholas
with
what
your
Husband
said
of
him
?
A.
No
,
an
't
please
your
Honours
;
I
only
told
him
,
my
Husband
charg'd
me
to
give
him
those
Keys
:
but
being
in
trouble
,
and
having
a
great
many
Enemies
,
I
talk'd
no
further
with
him
.
Q.
What
did
Nicholas
say
to
you
?
A.
He
look'd
out
of
Countenance
,
and
told
me
he
would
come
and
see
me
another
time
,
but
he
never
did
:
so
that
I
did
not
see
him
again
till
I
saw
him
in
the
Meuse
,
and
then
he
told
me
that
he
would
come
to
see
me
;
but
he
never
did
,
but
always
shun'd
me
.
Q.
How
long
have
you
known
Nicholas
?
A.
These
eight
or
nine
Years
.
I
knew
him
when
he
was
Foot-man
to
Sir
John
Germaine
,
and
I
knew
him
when
he
was
his
Gentleman
.
I
knew
him
when
he
went
,
and
I
knew
him
when
he
came
.
He
is
like
a
Sea-Rat
,
he
comes
and
goes
when
he
pleases
.
I
hope
in
God
Almighty
it
will
be
consider'd
by
this
House
,
that
such
a
Fellow's
Witness
should
not
be
taken
in
such
a
great
Concern
.
Signum
,
ELEANOR
MONFORT
.
Then
the
Dutchess's
Councel
prayed
that
Mac-Donnel
may
be
Examin'd
,
as
to
the
withdrawing
Witnesses
,
and
that
it
be
taken
in
Writing
.
Which
was
Agreed
to
,
and
he
Examin'd
.
Then
the
Dutchess's
Councel
proceeded
to
Examine
other
Witnesses
,
and
their
Evidence
taken
in
Short-Hand
.
Then
Mrs.
Pitts
being
called
for
,
and
not
appearing
;
William
Godfrey
being
Sworn
,
said
to
this
effect
:
I
Went
to
serve
Mrs.
Pitts
,
on
Friday
Morning
:
When
I
came
to
her
House
there
was
no
body
.
A
Woman
with
a
Pitcher
of
Water
went
in
:
I
ask'd
her
for
Mrs.
Pitts
?
She
said
,
She
was
not
at
home
.
I
shew'd
her
the
Order
,
and
left
a
Copy
of
it
upon
the
Table
.
She
was
loth
to
receive
it
:
She
said
,
the
Lady
would
be
within
quickly
.
The
Woman's
Name
was
Olivet
.
The
last
night
I
went
went
again
,
and
a
Woman
came
out
,
and
said
Mrs.
Pitts
was
not
at
home
.
Then
she
spake
in
French
to
me
.
I
did
not
understand
her
.
I
left
a
Note
for
her
to
Attend
this
Day
.
Then
the
Dutchess's
Councel
pray'd
,
that
some
Agreements
between
the
Duke
and
Dutchess
,
in
1694
,
may
be
read
out
of
the
Deeds
executed
for
that
purpose
.
Which
was
agreed
to
,
and
read
accordingly
.
Die
Martis
5o
Martij
,
1699.
Francis
Negus
Sworn
,
Deposeth
as
followeth
.
Quest
.
I
Desire
Mr.
Negus
may
be
ask'd
,
Whether
the
Dutchess
of
Norfolk
did
not
send
some
Message
by
him
?
The
Words
I
don't
confine
him
to
;
but
,
Whether
the
Message
sent
by
him
to
my
Lord-Duke
,
was
not
to
this
purpose
,
That
notwithstanding
the
Articles
,
she
desir'd
to
know
from
his
Grace
,
in
what
manner
she
should
live
,
and
that
she
would
be
govern'd
by
his
Directions
?
Answ
.
I
think
it
was
much
about
the
time
of
the
Transaction
of
these
Articles
the
Dutchess
sent
to
me
.
Mr.
Longueville
was
Councel
for
the
Duke
,
and
Sir
Thomas
Powys
for
the
Dutchess
.
Mr.
Longueville
took
what
care
he
could
;
and
when
they
came
to
talk
of
their
living
separately
,
I
took
it
only
to
be
an
apprehension
and
fear
that
my
Lord-Duke
would
confine
the
Dutchess
to
some
House
.
My
Lady-Dutchess
sent
for
me
.
I
waited
on
her
,
and
she
express'd
her self
very
sensibly
of
the
Misfortunes
of
the
Duke
and
her self
,
that
such
Differences
should
have
been
between
them
;
and
she
was
desirous
to
let
my
Lord-Duke
know
,
and
desired
me
that
I
would
let
my
Lord-Duke
know
it
,
that
she
would
avoid
all
Company
that
should
give
him
any
Offence
,
and
that
she
would
not
so
much
as
pay
a
Visit
but
where
he
liked
.
I
acquainted
my
Lord-Duke
with
something
to
this
purpose
;
for
she
often
said
to
me
,
more
than
once
or
twice
,
that
if
she
happen'd
to
die
before
my
Lord-Duke
,
she
would
leave
him
her
Estate
:
And
I
know
I
have
said
so
to
my
Lord-Duke
.
Q.
Whether
,
from
that
time
,
do
you
know
that
the
Duke
sent
any
Message
of
Complaint
to
the
Dutchess
,
to
the
Place
where
she
liv'd
,
that
he
would
have
her
live
in
any
other
way
?
A.
I
know
nothing
of
that
Matter
.
Q.
Do
you
know
whether
my
Lord-Duke
ever
desired
her
to
come
and
live
with
him
?
A.
I
never
heard
of
any
such
thing
.
Q.
Did
he
ever
send
to
her
,
to
avoid
any
Company
?
A.
I
never
heard
of
any
such
thing
.
Q.
Whether
had
you
any
Directions
to
attend
the
Duke
,
That
he
would
●ive
way
in
a
Controversy
between
the
Dutchess
and
a
Noble
Lord
of
this
House
,
whether
he
would
wave
his
Privilege
?
A.
I
have
great
reason
to
desire
Sir
Thomas's
Favour
in
this
Matter
.
I
know
not
what
he
aims
at
.
I
was
call'd
to
the
Barr
before
,
to
speak
the
Truth
as
to
the
Matter
of
the
Privilege
:
I
know
not
what
he
means
by
it
.
Q.
I
meant
it
only
as
an
Instance
of
a
Civil
Message
between
the
Duke
and
Dutchess
,
owning
her
as
his
Wife
,
and
that
this
was
a
Message
that
bespoke
a
good
understanding
between
them
?
A.
Will
you
have
me
to
give
an
Answer
to
Sir
Thomas
,
my
Lords
?
I
confess
the
Duke
did
send
for
me
,
and
ask'd
how
the
Settlement
and
Agreement
were
betwixt
the
Duke
and
the
Dutchess
,
because
of
this
Matter
of
the
Privilege
.
Q.
I
did
not
mean
that
;
but
only
as
a
late
Instance
of
the
Duke's
owning
the
Dutchess
so
far
?
A.
When
the
Duke
sent
for
me
,
he
would
know
,
whether
by
the
Agreement
he
was
oblig'd
to
let
her
have
the
Privilege
?
I
said
,
I
understood
it
so
;
and
tho'
he
had
no
mind
to
do
it
,
but
as
he
had
waved
his
Privilege
,
in
the
Case
of
an
Unkle
,
he
would
do
it
for
her
.
Q.
What
would
have
been
the
Consequence
,
if
the
Duke
had
not
waved
his
Privilege
?
Would
not
that
have
defended
her
from
a
Suit
?
A.
That
you
may
make
use
of
as
you
please
.
Sir
Thomas
Powis
.
I
would
only
make
this
use
of
it
,
as
an
Instance
of
Kindness
between
the
Duke
and
Dutchess
.
FRANCIS
NEGUS
.
After
the
Examination
of
Francis
Negus
,
he
being
before
Sworn
,
the
Dutchess's
Councel
declared
,
they
had
finished
their
Evidence
.
Whereupon
,
the
Duke's
Councel
desired
to
call
a
Witness
or
two
,
to
support
Nicholas
Hauseur's
Reputation
.
Then
William
Allen
was
Sworn
,
and
Examin'd
.
Die
Martis
5o
Martij
,
1699.
William
Allen
Sworn
,
Deposeth
as
followeth
.
Quest
.
D'
You
know
Nicholas
Hauseur
?
Answ
.
Yes
.
Q.
How
long
have
you
known
him
?
A.
Three
Years
.
Q.
Did
you
not
know
him
before
that
time
.
A.
I
knew
him
about
Three
Years
ago
.
Q.
Had
you
any
Dealings
before
that
time
?
A.
I
had
Dealings
with
him
when
he
liv'd
with
Mr.
Germaine
.
Q.
What
were
his
Dealings
?
A.
As
honest
and
fair
as
any
Man
could
desire
.
Q.
What
Office
had
he
,
under
Mr.
Germaine
?
A.
He
was
Cook
to
Mr.
Germaine
,
I
suppose
.
Q.
What
?
Was
he
Cook
to
him
?
A.
He
bought
in
the
Goods
,
and
he
paid
me
honestly
for
what
he
bought
.
Cross-Examin'd
.
Q.
What
Trade
are
you
?
A.
A
Butcher
.
Q.
Then
he
paid
you
his
Master's
Money
for
his
Masters
Goods
?
A.
Yes
,
he
paid
me
very
honestly
.
Q.
When
saw
you
him
last
?
A.
I
saw
him
when
I
was
Summon'd
here
,
by
the
Order
of
this
House
,
but
not
before
,
of
late
.
Sign'd
,
WILLIAM
W.
ALLEN
.
The
Duke's
Councel
moved
for
Copies
of
the
Examinations
and
Journals
.
Which
was
grant●d
,
and
then
the
Councel
withdrew
.
The
following
Orders
were
made
.
It
is
Ordered
by
the
Lords
Spiritual
and
Temporal
in
Parliament
Assembled
,
That
Copies
of
the
Examinations
,
Signed
by
the
Witnesses
this
Day
,
and
Entry
in
the
Journal
,
be
delivered
to
either
Side
;
And
that
the
Examinations
taken
this
Day
in
Short-hand
,
be
transcribed
,
in
order
to
be
read
to
the
Witnesses
to
Morrow
.
It
is
Ordered
by
the
Lords
Spiritual
and
Temporal
in
Parliament
Assembled
,
That
to
Morrow
at
Twelve
of
the
Clock
this
House
will
proceed
to
hear
the
Examinations
taken
this
Day
,
read
to
the
Witnesses
,
relating
to
the
Duke
and
Dutchess
of
Norfolk
,
and
all
Lords
Summoned
to
Attend
.
Die
Mercurij
6o
Martij
,
1699.
After
the
Examination
taken
Yesterday
,
relating
to
the
Duke
and
Dutchess
of
Norfolk
,
were
read
to
the
Witnesses
,
and
they
signing
them
,
the
Dutchess's
Councel
moved
to
have
Copies
of
the
Depositions
taken
on
either
side
,
and
then
withdrew
.
Die
Martis
5o
Martij
,
1699.
Matthew
Mac-Donnel
Sworn
,
Deposeth
as
followeth
.
A.
I
Was
going
to
Mr.
Strange's
House
,
and
I
saw
my
Lord
Howard
of
Escrick
coming
that
way
,
and
he
went
to
the
Door
and
knock'd
.
I
made
up
to
the
Door
,
and
a
Girl
open'd
the
Door
.
My
Lord
ask'd
if
Mr.
Strange
was
within
?
And
she
answer'd
,
Yes
.
Then
I
went
to
the
Door
,
and
ask'd
if
Mr.
Strange
was
at
home
?
She
answer'd
,
No
,
he
went
away
on
Thursday
.
I
ask'd
,
by
Packet-Boat
,
or
how
?
She
said
,
by
long-Sea
.
I
thought
she
told
my
Lord
he
was
within
,
and
so
I
came
away
.
Signum
,
MATTHEW
MAC-DONNEL
.
Die
Martis
5o
Martij
,
1699.
Richard
May
Sworn
,
Deposeth
as
followeth
.
Quest
.
DO
you
know
Nicholas
Hauseur
?
A.
I
never
saw
him
till
Sunday
Fortnight
last
.
Q.
Where
saw
you
him
then
.
A.
At
my
Lord
Duke
of
Norfolk's
.
I
had
a
Command
from
my
Lord
Duke
to
take
him
in
there
.
Q.
Where
?
A.
To
lodge
him
in
my
Lord-Duke's
House
.
I
am
his
Houshold-Steward
,
he
Commanded
me
to
provide
for
him
in
the
House
.
Q.
I
don't
desire
you
should
do
any
thing
unbecoming
to
my
Lord-Duke
;
but
you
are
upon
your
Oath
,
and
you
must
tell
the
Truth
?
A.
I
'll
freely
tell
what
I
know
.
Q.
Can
you
give
me
any
Account
where
he
was
before
that
time
?
A.
I
never
saw
nor
heard
of
him
till
then
.
Q.
Hath
he
been
there
ever
since
?
A.
Yes
,
I
made
Provision
for
him
,
by
his
Grace's
Command
.
Q.
Do
you
know
Vaness
?
Where
hath
she
been
?
A.
On
Sunday
was
Fortnight
she
came
thither
likewise
,
and
I
was
order'd
to
take
care
for
her
.
Q.
Where
was
she
Lodged
?
A.
In
my
Lord-Duke's
House
in
St.
James's-Square
.
Q.
Has
she
been
there
a
Fortnight
?
A.
Yes
,
a
Fortnight
last
Sunday
,
and
coming
here
to
attend
the
Lords
.
Q.
Had
she
the
liberty
of
the
House
?
or
was
she
kept
close
?
A.
They
were
kept
only
as
they
desired
themselves
:
No
body
was
denied
liberty
to
see
them
.
They
desired
to
be
there
,
sooner
than
any
place
.
Q.
D'
you
know
that
those
People
have
been
sent
for
,
and
how
long
before
they
came
?
A.
I
was
never
privy
to
any
thing
of
that
nature
:
I
had
no
knowledge
of
their
Names
,
nor
whence
they
came
.
Q.
Do
you
know
of
any
Money
issued
out
for
their
coming
over
?
A.
Not
one
Penny
.
Q.
Do
you
know
of
any
Reward
they
have
had
,
or
are
to
have
.
A.
I
know
not
of
any
Reward
they
have
had
,
or
are
to
have
.
RICHARD
MAY
.
Die
Martis
5o
Martii
,
1699.
Christopher
Raine
Sworn
,
Deposeth
as
followeth
.
Quest
.
ARE
you
Servant
to
the
Duke
of
Norfolk
?
A.
Yes
.
Q.
D'
you
know
Hauseur
?
A.
I
have
seen
him
,
but
am
not
acquainted
with
him
.
Q.
How
long
is
it
since
you
saw
him
?
A.
It
is
within
this
Fortnight
.
Q.
Did
you
not
see
him
any
time
further
off
?
A.
No
;
I
am
positive
of
it
.
Q.
Where
did
you
see
him
first
?
A.
In
St.
James's
.
Q.
In
what
Place
there
?
A.
At
his
Grace's
House
.
Q.
Hath
he
been
there
ever
since
?
A.
Yes
.
Q.
Was
there
a
Woman
call'd
Vaness
with
him
?
A.
Yes
.
Q.
Did
they
come
at
the
same
time
?
A.
Yes
.
Q.
How
long
ago
?
A.
A
Fortnight
;
it
may
be
,
not
so
much
.
Q.
Had
they
the
liberty
of
the
House
,
to
take
notice
where
they
were
?
A.
They
had
liberty
to
go
where
they
pleas'd
.
Q.
Did
they
go
abroad
since
they
came
there
?
A.
I
can't
tell
;
not
to
my
knowledge
.
Q.
D'
you
know
whether
they
went
out
of
the
House
,
upon
any
Occasion
?
A.
Not
to
my
knowledge
.
Q.
Who
brought
them
there
?
A.
I
don't
know
.
Q.
D'
you
know
whence
they
came
?
A.
No.
Q.
Did
you
not
understand
where
they
lodg'd
before
?
A.
No.
I
am
Stranger
to
them
both
;
I
never
saw
them
before
.
Q.
Saw
you
them
when
they
came
first
?
A.
No
;
I
was
not
at
home
.
CHRISTOPHER
RAINE
.
Die
Martis
5o
Martij
,
1699.
Edward
Cotter
Sworn
,
Deposeth
as
followeth
.
Quest
.
ARE
you
Servant
to
the
Duke
of
Norfolk
?
Answ
.
Yes
.
Q.
D'
you
know
Nicholas
Hauseur
?
A.
I
did
not
know
him
but
since
this
Tryal
.
Q.
How
long
ago
is
that
?
A.
About
a
Fortnight
.
Q.
Do
you
know
where
he
had
been
before
?
A.
No
:
I
knew
nothing
of
him
,
where
he
was
,
nor
what
he
was
.
Q.
Came
Helena
the
Dutchwoman
with
him
?
A.
Yes
,
the
Woman
came
with
him
since
the
Tryal
;
I
never
saw
them
before
.
Q.
Did
you
never
know
them
go
out
of
Doors
since
they
came
,
but
to
this
House
?
A.
Never
,
no
where
else
.
Q.
Who
brought
them
to
the
Duke's
?
A.
I
know
not
.
Q.
Whence
came
they
,
d'
you
know
?
A.
I
can't
tell
.
Q.
Did
they
never
report
in
the
House
,
whence
they
came
?
A.
No
,
I
never
heard
where
they
lived
,
nor
how
they
behaved
themselves
.
Q.
Do
you
know
whether
ever
any
Reward
was
given
them
?
A.
No.
Q.
I
desire
he
may
be
ask'd
,
Whether
he
has
not
known
before
,
for
some
time
past
,
within
this
Fortnight
or
Three-Weeks
,
more
or
less
,
Meetings
in
Somerset-House
,
in
order
to
this
Tryal
?
A.
The
thing
is
this
;
I
was
one
Night
at
Somerset-House
with
my
Lord-Duke
,
'twixt
Six
and
Seven
a
Clock
;
but
I
can't
tell
how
long
it
is
,
whether
it
be
Three-Weeks
or
a
Month
;
it
is
no
more
,
that
I
know
.
Q.
What
were
you
there
about
?
A.
I
went
there
with
my
Lord-Duke
.
Q.
Upon
your
Oath
,
Was
there
any
thing
then
done
there
,
relating
to
this
Tryal
?
A.
Upon
my
Oath
,
I
did
not
know
,
but
't
was
concerning
my
Lord
Howard
of
Escrick
.
Q.
Was
he
there
with
the
Duke
?
A.
Yes
.
Q.
Did
you
know
who
they
went
to
?
A.
No.
Q.
Upon
your
Oath
,
Don't
you
know
whether
they
went
to
Madam
Pitts
,
or
no
.
A.
They
went
to
some
House
,
but
I
don't
know
her
Name
they
went
to
.
Q.
Was
there
any
body
else
there
,
but
my
Lord-Duke
,
and
my
Lord
Howard
?
A.
God
knows
.
My
Lord-Duke
call'd
me
to
the
Door
,
and
sent
me
on
a
Message
;
and
I
went
,
and
came
again
.
Q.
Who
did
you
see
there
,
when
you
came
again
?
A.
I
saw
none
but
my
Lord-Duke
,
and
another
that
I
did
not
know
.
Q.
Who
did
you
see
go
in
?
A.
None
but
my
Lord-Duke
,
and
my
Lord
Howard
.
EDWARD
COTTER
.
Die
Martis
5o
Martij
,
1699.
Francis
Huddlestone
Sworn
,
Deposeth
as
followeth
.
Quest
.
UPon
your
Oath
,
D'
you
know
of
any
Meetings
,
relating
to
this
Tryal
,
that
have
been
within
some
time
past
?
A.
For
Meetings
,
I
know
not
any
thing
of
them
.
Q.
Do
you
understand
the
Question
?
A.
I
know
nothing
of
any
Meetings
.
Q.
Have
you
not
been
at
any
place
where
any
thing
has
been
done
,
relating
to
this
Tryal
,
against
the
Dutchess
of
Norfolk
?
A.
I
don't
understand
any
thing
of
the
Tryal
.
I
know
nothing
of
the
Dutchess
of
Norfolk
.
Q.
Pray
give
a
positive
Answer
;
Have
you
not
been
present
,
or
do
you
know
of
no
Meeting
,
relating
to
the
Proceedings
against
the
Dutchess
of
Norfolk
?
A.
I
never
was
at
no
Meeting
.
Q.
Who
do
you
live
with
?
A.
I
live
with
my
Lord
Howard
.
Q.
Was
you
ever
present
at
Somerset-House
,
where
my
Lord
Howard
and
Others
met
?
A.
I
have
been
at
Somerset-House
,
but
know
nothing
of
any
Concerns
.
Q.
D'
you
know
Vaness
?
A.
I
know
no
such
Person
.
Q.
Do
you
know
Nicholas
?
A.
I
don't
know
him
.
Q.
Pray
answer
positively
;
Do
you
know
one
Nicholas
,
call'd
Hauseur
?
A.
I
know
several
of
that
Name
,
but
I
know
not
who
you
mean
.
Q.
I
mean
,
one
that
liv'd
with
Sir
John
Germaine
?
A.
I
know
him
not
.
I
had
never
any
Conversation
with
any
body
that
liv'd
with
Sir
John
Germaine
.
[
Nicholas
call'd
in
.
]
Q.
Did
you
see
any
such
Man
as
appears
here
,
at
Somerset-House
?
A.
I
know
no
such
Man
as
is
call'd
Nicholas
Hauseur
.
I
know
several
call'd
Nicholas
,
but
none
of
the
Hauseurs
.
Q.
Look
upon
this
Man
;
Have
you
seen
him
before
,
or
not
?
A.
Yes
:
I
have
seen
him
twice
or
thrice
,
but
I
knew
not
who
you
meant
before
.
Q.
How
long
is
it
since
you
saw
him
first
?
A.
About
a
Fortnight
ago
.
Q.
Have
you
not
seen
him
at
Somerset-House
?
A.
Never
.
Q.
Where
did
you
see
him
?
A.
In
Gerrard-street
.
Q.
Was
that
all
the
Places
you
saw
him
at
?
A.
I
saw
him
no
where
else
.
Q.
Whose
House
did
you
see
him
at
?
A.
At
Captain
Soames's
Lodgings
.
Q.
Did
you
not
see
a
Dutchwoman
there
,
one
Helen
Vaness
?
A.
There
was
a
Woman
with
him
;
I
don't
know
her
Name
.
Q.
Did
you
see
her
at
Captain
Soames's
?
A.
She
was
with
this
Gentleman
there
?
Q.
Did
you
see
her
at
no
other
Time
or
Place
?
A.
No.
Q.
Who
else
was
there
then
?
A.
Captain
Soames
,
my
Lord
Howard
,
and
one
or
two
more
.
I
was
but
at
the
Door
.
I
have
seen
this
Man
go
in
.
I
was
but
a
Foot-man
,
waiting
at
the
Door
.
I
knew
not
the
others
that
were
there
.
Q.
Did
you
know
no
more
that
were
there
?
A.
My
Lord
Howard
was
in
the
House
,
but
I
know
not
if
he
was
with
them
.
Q.
Did
you
ever
see
Helen
Vaness
before
that
time
.
A.
I
have
seen
the
Woman
since
,
but
never
saw
her
before
.
Q.
Did
you
never
see
her
any
where
else
?
A.
Never
any
where
else
but
at
this
House
,
going
and
coming
.
Signum
,
FRANCIS
H.
HUDDLESTONE
.
The
Councel
being
withdrawn
,
the
following
Orders
were
made
.
It
is
Ordered
by
the
Lords
Spiritual
and
Temporal
in
Parliament
assembled
,
That
Copies
of
the
Examinations
,
read
to
,
and
signed
by
the
Witnesses
to
Day
,
be
deliver'd
to
either
Side
.
It
is
Ordered
by
the
Lords
Spiritual
and
Temporal
in
Parliament
assembled
,
That
this
House
will
peremptorily
proceed
to
Hear
the
Duke
of
Norfolk's
and
Dutchess
of
Norfolk's
Councel
,
to
summ
up
the
Evidence
on
both
Sides
,
on
Friday
next
,
at
Twelve
of
the
Clock
,
and
all
the
Lords
summoned
to
attend
.
The
Evidence
having
been
summ'd
up
,
the
Lords
,
after
long
Debate
,
and
a
Division
of
the
House
,
Committed
the
Bill
,
by
a
Majority
of
Sixteen
.
Whereupon
,
the
Dutchess
immediately
preferred
the
Petition
recited
in
the
Order
8o
Martij
.
Die
Veneris
8
Martii
1699.
UPon
reading
the
Petition
of
Mary
Dutchess
ot
Norfolk
,
shewing
that
by
the
Bill
now
depending
for
dissolving
the
Marriage
between
the
Duke
of
Norfolk
and
your
Petitioner
,
her
Joynture
and
Marriage
Agreements
are
to
be
set
aside
,
and
other
things
in
the
Petition
mentioned
,
and
praying
to
be
heard
by
her
Councel
,
touching
the
several
Claims
and
Interest
,
and
several
Clauses
in
the
Bill
;
It
is
ordered
by
the
Lords
Spiritual
and
Temporal
in
Parliament
assembled
,
That
the
Petitioner
shall
be
heard
by
her
Councel
to
morrow
at
eleven
of
the
clock
,
at
the
Committee
of
the
whole
House
,
to
whom
the
said
Bill
stands
committed
;
at
which
time
she
is
to
produce
her
said
Marriage
Agreement
and
Writings
,
as
in
the
Petition
is
set
forth
:
At
which
time
also
the
Dukes
Councel
may
be
present
,
if
he
think
fit
.
Matth
.
Johnston
Cler
.
Parliamentor
.
Upon
which
an
Order
was
made
for
Councel
to
prepare
a
Clause
for
the
10000
l.
The
Dutchesses
Councel
having
refused
to
joyn
in
drawing
any
clause
,
tho
they
advised
a
Petition
about
the
Joynture
and
Marriage
Agreement
,
the
Dukes
Councel
prepared
a
clause
,
to
which
the
Lords
added
a
few
words
,
and
past
it
as
in
the
Bill
.
The
Bill
being
sent
down
to
the
Commons
,
the
Dutchess
presented
the
following
Petition
.
To
the
Honourable
the
Knights
,
Citizens
and
Burgesses
in
Parliament
assembled
.
The
Humble
Petition
of
Mary
Dutchess
of
Norfolk
.
Sheweth
,
THat
for
putting
an
end
to
all
differences
between
the
Duke
of
Norfolk
,
your
Petitioners
Husband
,
and
your
Petitioner
,
several
Articles
of
Agreement
were
entred
into
,
and
executed
in
April
1694
,
by
the
said
Duke
,
your
Petitioner
,
and
your
Petitioners
late
Father
,
the
Earl
of
Peterborough
,
whereby
,
and
by
Deeds
executed
pursuant
thereunto
,
the
Duke
had
his
then
desired
advantage
,
and
hath
fully
enjoyed
the
benefit
thereof
;
that
your
Petitioner
about
the
time
of
perfecting
the
said
Deeds
,
signified
to
the
said
Duke
by
Mr
Negus
,
that
she
shou'd
always
readily
comply
with
all
such
orders
in
her
way
of
living
and
conversation
as
he
would
think
fit
to
appoint
.
Notwithstanding
which
,
and
without
ever
signifying
any
dissatisfaction
to
or
with
your
Petitioner
,
and
without
any
manner
of
notice
,
or
previous
proceeding
in
the
common
and
ordinary
course
of
Justice
,
and
to
take
from
your
Petitioner
that
legal
Tryal
in
the
Ecclesiastical
Court
,
which
by
the
Laws
of
this
Realm
(
as
she
is
advised
)
she
is
entitled
unto
,
did
on
the
16th
of
February
last
exhibit
a
Bill
in
the
House
of
Peers
,
entituled
,
An
Act
to
Dissolve
the
Duke
of
Norfolk's
Marriage
with
the
Lady
Mary
Mordant
,
and
to
enable
him
to
marry
again
.
Upon
which
the
proceedings
were
so
very
quick
,
two
Witnesses
lately
brought
from
beyond
the
Seas
being
forthwith
examined
against
your
Petitioner
,
and
your
Petitioner
being
charged
with
facts
supposed
to
be
committed
many
years
since
,
and
long
before
the
date
of
the
said
Articles
,
could
not
be
prepared
to
make
her
defence
as
she
wou'd
have
done
,
if
the
proceedings
had
been
against
her
according
to
the
known
Laws
of
this
Land
.
The
places
of
abode
of
the
Witnesses
produced
against
her
being
yet
not
known
or
discovered
to
your
Petitioner
:
And
your
Petitioner
having
notice
that
the
said
Bill
is
passed
the
House
of
Lords
,
and
sent
down
for
the
concurrence
of
this
Honourable
House
:
Your
Petitioner
prays
she
may
be
heard
by
her
Councel
at
Law
and
one
Civilian
against
the
said
Bill
,
before
any
proceedings
be
had
thereon
by
this
Honourable
House
.
And
your
Petitioner
shall
pray
,
&c.
M.
Norfolk
.
A
day
being
appointed
by
the
House
of
Commons
for
the
Committee
to
proceed
,
the
Duke
caused
the
Papers
following
to
be
published
.
THE
Duke
of
NORFOLK's
Case
:
WITH
REASONS
for
passing
his
BILL
.
IF
want
either
of
Precedent
for
a
Parliamentary
Divorce
,
before
going
through
the
tedious
and
ineffectual
Methods
of
Doctors
Commons
,
or
of
Demonstration
of
Fact
,
have
hitherto
deprived
the
Duke
of
Norfolk
of
that
Relief
against
his
Wife's
Adultery
,
which
the
Divine
Law
allows
;
The
late
Statute
made
in
the
like
Case
,
and
the
Coming
in
of
Two
,
who
while
the
Duke's
former
Bill
was
depending
,
had
been
sent
away
to
prevent
that
Discovery
which
they
now
make
;
cannot
but
he
thought
to
remove
all
Objections
against
an
Act
of
Parliament
,
not
only
for
the
benefit
of
the
Duke
,
but
of
the
Publick
:
as
a
means
to
preserve
the
Inheritance
of
so
great
an
Office
,
and
Honours
,
to
persons
of
the
true
Religion
.
And
since
Bishop
Cozens
his
Argument
in
the
Lord
Rosse's
Case
has
made
it
Evident
,
That
those
Canons
which
govern
the
Spiritual
Court
in
this
matter
,
are
but
the
remains
of
Popery
;
nothing
can
be
now
requisite
to
satisfy
the
most
scrupulous
of
the
Reformed
Religion
,
but
to
set
the
Duke's
Proof
of
his
Lady's
Adultery
in
a
true
light
.
The
Reputation
which
the
Dutchess
had
maintained
,
of
Wit
and
Discretion
,
made
it
difficult
for
many
to
believe
,
that
she
could
be
surprized
in
the
very
Act
of
Adultery
,
as
had
been
formerly
proved
.
And
though
then
it
appeared
,
That
one
Henry
Keemer
lived
with
the
Dutchess
,
while
she
went
by
a
feigned
Name
at
an
House
hired
for
her
at
Foxhall
,
by
Sir
John
Germain's
Brother
;
and
that
Nicola
,
who
then
lived
with
Sir
John
,
used
to
receive
Wood
sent
from
the
Dutchess
to
Sir
John's
House
by
the
Cockpit
;
the
withdrawing
of
Nicola
,
and
carrying
with
him
the
Dutch
Maid
,
equally
entrusted
with
the
secret
on
Sir
Johns
side
;
left
no
evidence
of
their
constant
conversation
,
but
Keemer
since
dead
,
and
Susannah
Barrington
,
who
had
the
like
trust
from
the
Dutchess
.
Keemer
,
though
very
unwillingly
,
some
years
since
confessed
his
living
with
the
Dutchess
at
Foxhall
,
where
he
pretended
she
was
obliged
to
conceal
herself
for
Debt
:
and
what
share
Susannah
had
in
the
secret
was
unknown
,
till
Nicola
appeared
:
Nicola
coming
into
England
some
time
since
,
in
expectation
of
a
Service
,
express'd
his
readiness
to
discover
what
he
knew
,
and
to
endeavour
to
bring
with
him
the
Dutch
Maid
.
Eleanor
Vanness
.
Exam
.
22.
Feb.
1699.
She
proves
,
that
for
two
Months
the
first
Summer
after
the
King
came
for
England
,
Sir
John
Germain
and
the
Dutchess
lived
together
as
Man
and
Wife
,
and
were
seen
in
Bed
together
by
her
,
Mr
Bryan
,
and
his
Wife
,
Sir
John's
Sister
:
and
that
Nicholas
Hauseur
,
Sir
John's
Valet
de
Chambre
,
used
to
be
assisting
to
him
;
as
the
Dutchess's
Woman
,
Susannah
Barrington
,
was
to
her
,
at
going
to
Bed
,
and
rising
.
She
proves
the
like
Conversation
at
Foxhall
,
and
the
Dutchess's
House
at
the
Millbank
,
till
the
Duke's
first
Bill
for
a
Divorce
was
depending
;
within
which
time
Nicholas
Hauseur
,
by
Sir
John's
Order
,
carried
away
her
,
and
Susannah
Barrington
,
with
intention
of
going
for
Holland
,
to
prevent
their
being
examined
to
what
they
knew
;
but
the
Wind
proving
contrary
,
they
could
not
go
till
the
Bill
was
rejected
,
and
then
Sir
John
fetch'd
back
Susannah
,
who
was
most
useful
to
the
Dutchess
;
but
Hauseur
went
for
Holland
with
Ellen
.
He
confirms
Ellen's
Evidence
in
every
particular
;
and
besides
the
Persons
mentioned
by
Ellen
,
as
privy
to
Sir
John's
lying
with
the
Dutchess
,
names
Sir
John's
Brother
Daniel
.
Nicholas
Nicholas
Hauseur
.
having
beeen
found
very
trusty
,
his
Master
sent
for
him
to
return
to
his
Service
;
and
gave
him
the
opportunity
of
proving
the
continuance
of
the
same
Adulterous
Conversation
at
several
Times
and
Places
,
from
the
Summer
1692.
to
the
26th
of
April
1696.
He
swears
he
had
after
his
return
to
Sir
John's
Service
,
seen
them
in
Bed
together
at
Sir
John's
House
,
at
the
Cockpit
,
and
at
the
Dutchess's
Houses
at
Millbank
,
and
where
she
now
lives
;
and
used
to
be
let
into
the
Dutchess's
Apartment
by
Susannah
Barrington
,
or
Keemer
.
Nor
can
any
man
,
who
shall
read
the
ample
Testimonials
given
Mr
Hauseur
by
Sir
John
;
by
the
last
of
which
it
appears
that
he
served
him
faithfully
as
his
Steward
,
reasonably
question
Hauseur's
Credit
.
Another
who
had
been
advanced
by
Sir
John
from
his
Footman
to
Mr
Hauseur's
place
,
and
from
thence
to
a
good
Office
in
the
Excise
,
William
Bayly
.
very
unwillingly
confirmed
the
Testimony
of
Hauseur
and
the
Dutch
Maid
,
not
only
as
to
the
time
of
their
going
from
the
Service
of
Sir
John
and
the
Dutchess
;
but
though
being
no
Foreigner
he
could
not
so
easily
be
sent
away
to
prevent
discovery
,
and
therefore
was
not
let
so
far
into
the
Secret
as
Hauseur
and
the
Dutch
Maid
;
yet
he
swears
the
Dutchess
used
to
come
mask'd
to
his
Masters
House
;
that
he
has
gone
with
him
as
far
as
the
Horseferry
towards
her
House
at
the
Millbank
;
that
then
his
Master
sometimes
lay
out
all
Night
,
and
the
next
morning
he
has
carried
Linnen
and
Cloathes
for
his
Master
to
Keemer's
House
,
or
Keemer
has
fetched
them
from
him
:
And
this
he
proves
to
have
been
since
the
rejecting
the
former
Bill
,
and
about
Five
Years
since
,
when
he
was
succeeded
by
Hauseur
,
as
before
he
had
succeeded
Hauseur
.
Two
other
Foreigners
,
La
Fountain
,
who
had
lived
with
Sir
John
,
and
was
Served
with
Summons
at
the
Dutchess's
House
at
Drayton
;
and
Hugonee
,
who
ran
away
from
the
Lord
Haversham's
since
Summons
was
taken
out
against
him
,
seem
to
have
had
the
same
Trust
that
Hauseur
had
:
for
both
declared
,
That
nothing
should
oblige
them
to
betray
their
Master's
Secrets
:
One
said
,
No
Court
could
dispense
with
his
Oath
of
Secrecy
:
and
both
declared
they
would
immediately
go
beyond
Sea
.
Summons
have
been
taken
our
for
Mr
Brian
and
his
Wife
,
and
Sir
John
Germain's
Brother
(
who
are
,
or
lately
were
in
Town
)
to
confess
or
deny
what
Nichola
and
Ellen
appeal
to
them
for
;
and
it
cannot
be
imagined
that
Sir
John
should
chuse
the
Honour
of
being
thought
to
have
to
do
with
a
Dutchess
,
before
the
clearing
her
and
himself
from
the
Imputation
,
by
bringing
his
Relations
to
disprove
the
charge
,
if
what
is
sworn
to
be
within
their
knowledge
is
false
.
And
if
Sir
John's
Vanity
should
prevail
with
him
,
at
least
it
is
to
be
presumed
that
his
Relations
would
be
more
just
to
him
and
the
Lady
,
than
to
suffer
any
thing
to
pass
against
them
,
which
they
could
with
Truth
and
Justice
prevent
.
But
since
none
of
them
appear
,
the
World
will
belie●e
their
absenting
more
than
a
thousand
Witnesses
,
in
confirmation
of
what
Mr
Hauseur
,
Ellen
and
Baily
,
have
sworn
.
Whose
Evidence
not
only
stands
untouch'd
by
any
thing
offered
by
the
Dutchess's
Witnesses
,
but
is
plainly
confirm'd
by
them
in
the
principal
parts
.
This
being
the
nature
of
the
proofs
,
't
is
observable
,
1.
That
there
never
yet
was
any
Case
of
this
kind
,
where
the
Evidence
was
not
liable
to
greater
objections
than
can
be
made
to
this
.
Though
in
the
latest
Case
of
this
kind
,
there
was
full
Conviction
of
the
Ladies
having
Children
while
she
lived
separate
from
her
Husband
,
and
the
presumption
was
very
violent
whose
the
Children
were
;
yet
this
was
but
presumption
,
and
that
was
weakned
by
the
presumption
in
Law
that
they
were
the
Husbands
;
especially
.
since
there
was
no
direct
proof
of
the
Lovers
ever
lying
with
her
.
2.
Tho
in
that
case
,
by
reason
of
the
interval
of
Parliament
,
and
fear
of
the
deaths
of
Witnesses
,
a
Suit
was
begun
in
Doctors
Commons
,
't
was
taken
from
thence
while
the
Suit
was
depending
;
therefore
that
was
rather
an
Objection
against
proceeding
in
Parliament
than
an
Argument
for
it
.
3.
In
that
Case
,
several
Witnesses
were
examined
at
the
Bars
of
both
Houses
who
had
not
been
examined
at
Doctors
Commons
,
nor
any
notice
given
of
their
Names
before
their
examination
.
4.
It
appears
by
that
Case
,
and
the
present
,
that
the
examinations
in
Parliament
are
more
solemn
and
certain
than
those
of
the
Spiritual
Court
;
which
depend
too
much
upon
the
honesty
of
the
Register
,
of
his
Deputy
.
5.
Before
that
Case
,
Parliaments
have
either
broken
through
the
Rules
which
bind
the
Spiritual
Court
,
as
in
the
case
of
the
Duke
of
Norfolk
,
1
Eliz
.
1
Eliz
.
n
.
31.
where
the
Parliament
ratified
the
Marriage
,
as
lawful
according
to
Gods
Law
;
tho
protracted
and
letted
,
by
reason
of
certain
Decrees
and
Canons
of
the
Popes
Law
;
2.
&
3
,
W.
M.
or
else
have
dissolv'd
a
Marriage
where
there
had
been
no
application
to
Doctors
Commons
,
as
in
the
case
of
Mrs
Wharton
,
who
had
been
married
to
Mr
Cambel
;
and
yet
there
had
been
no
examination
of
Witnesses
,
but
what
had
been
before
the
two
Houses
.
37.
H.
8.
So
long
before
,
in
the
Case
of
Sir
Ralph
Sadler
,
upon
proof
before
the
two
Houses
that
the
Lady
Sadler's
former
Husband
had
deserted
her
,
and
disappeared
for
Four
Years
before
she
Married
Sir
Ralph
,
the
Parliament
Legitimated
her
Children
by
Sir
Ralph
.
Whereas
some
Object
against
the
passing
the
Bill
,
as
if
it
would
countenance
a
Jurisdiction
in
the
House
of
Lords
to
examine
to
such
matters
,
in
the
first
Instance
or
Originally
;
the
Objection
would
be
the
same
if
it
had
begun
,
as
it
might
,
in
the
House
of
Commons
;
but
in
truth
would
be
of
equal
force
against
most
private
,
and
several
publick
Acts
,
occasioned
by
the
examination
of
Witnesses
,
or
Notoriety
of
Fact
.
Since
therefore
the
Duke
has
so
long
,
and
so
often
in
vain
endeavoured
to
be
freed
from
a
Lady
,
publickly
famed
and
proved
to
have
lived
with
Sir
John
Germain
,
as
his
Wife
;
the
Duke's
former
disappointments
cannot
but
be
powerful
Arguments
for
his
speedy
obtaining
that
Justice
which
the
Spiritual
Court
cannot
give
him
,
their
power
reaching
no
further
than
to
that
liberty
of
living
as
she
list
,
some
years
since
settled
by
Articles
:
But
as
none
of
less
Art
and
Oratory
than
her
Councel
could
have
turned
this
into
a
Licence
to
commit
Adultery
,
if
she
list
,
or
a
Pardon
afterwards
;
had
there
not
been
evidence
of
her
acting
according
to
such
Construction
,
the
Duke
would
have
hoped
she
had
repented
of
the
former
Injuries
he
had
received
from
her
;
but
now
hopes
she
shall
not
longer
continue
to
bear
the
Name
of
his
Wife
,
and
put
him
in
danger
of
being
succeeded
by
Sir
John
Germain's
Issue
,
or
deprive
him
of
the
expectation
of
leaving
his
Honours
,
Offices
,
and
Estate
,
to
a
Protestant
Heir
.
Bishop
COZENS's
Argument
,
Proving
,
That
Adultery
works
a
Dissolution
of
the
Marriage
.
Being
the
Substance
of
several
of
Bishop
Cozens
his
Speeches
in
the
House
of
Lords
,
upon
the
Debate
of
the
Lord
Ross's
Case
.
Taken
from
Original
Papers
writ
in
the
Bishop's
own
Hand
.
THe
Question
is
indefinitely
to
be
spoken
of
,
Whether
a
Man
being
divorced
from
his
Wife
,
who
hath
committed
Adultery
,
and
is
convicted
of
it
,
may
Marry
himself
to
another
Wife
or
no
,
during
the
Life
of
her
which
is
divorced
.
The
place
in
St
Matthew
the
5th
,
repeated
again
St
Matthew
the
19th
,
has
great
perspicuity
:
If
it
be
not
lawful
for
any
man
to
put
away
his
Wife
,
and
Marry
again
,
except
it
be
in
the
Case
of
Fornication
,
(
for
the
displacing
the
Words
,
by
putting
the
Exception
before
the
Marriage
,
cannot
alter
the
Sense
)
;
then
à
contrario
,
it
must
of
necessity
follow
,
That
if
the
Wife
be
put
away
for
Fornication
,
the
Husband
by
the
tenor
of
Christ's
Words
is
left
free
to
Marry
again
;
which
Freedom
is
not
allowed
to
the
Adulteress
herself
,
nor
any
man
else
that
shall
Marry
her
.
St
Mark
and
St
Luke
have
been
opposed
to
St
Matthew
;
and
it
has
been
said
,
that
Christs
words
in
St
Matthew
did
not
properly
belong
to
Christ's
Disciples
,
or
the
Christian
Church
,
as
the
words
in
St
Mark
and
St
Luke
,
which
are
absolute
,
do
;
which
is
a
Saying
that
neither
I
,
nor
,
I
think
,
no
body
else
ever
heard
of
before
:
For
Christ's
Sermon
in
the
Mount
was
spoken
to
his
Disciples
,
and
especially
belonged
to
Christians
.
't
is
clear
they
are
spoken
to
his
Disciples
;
for
he
says
to
them
,
that
they
are
the
Salt
of
the
Earth
,
and
the
Light
of
the
World
;
and
that
they
are
blessed
,
when
they
suffer
persecution
for
his
Name's
sake
;
which
no
man
will
say
or
apply
to
the
Jews
.
't
is
true
,
that
in
the
19th
Chapter
of
St
Matthew
,
Christ
answers
the
Scribes
and
Pharisees
,
who
came
to
tempt
him
with
their
Question
,
Whether
it
was
lawful
for
a
man
to
put
away
his
wife
for
any
cause
,
as
they
said
Moses
had
permitted
them
to
do
.
But
the
Answer
that
Christ
gave
them
,
That
ir
was
not
lawful
,
but
only
in
the
case
of
Adultery
,
for
men
to
put
awny
their
wives
,
and
marry
another
,
was
a
Rule
which
concerned
all
Christians
to
observe
for
ever
after
;
and
for
that
reason
was
recorded
by
St
Matthew
.
The
words
in
St
Mark
and
St
Luke
are
not
to
be
taken
absolutely
,
but
to
be
supplied
and
understood
by
his
words
in
St
Matthew
,
as
in
many
other
cases
is
clear
,
viz.
the
Thief
upon
the
Cross
,
Baptism
in
the
name
of
the
Father
,
Son
and
Holy
Ghost
,
&c.
whereof
many
instances
may
be
brought
,
as
the
destruction
of
Niniveh
,
&c.
But
for
Christ's
words
,
the
Exception
confirms
the
Rule
,
and
infers
a
Concession
,
that
in
the
Case
of
Fornication
,
the
putting
away
one
Wife
,
and
Marrying
another
is
allowed
.
It
is
alike
with
divers
other
his
Exceptions
,
which
are
found
in
Scipture
:
For
brevity
,
I
will
instance
in
this
one
(
viz.
)
Except
ye
repent
,
ye
shall
all
likewise
perish
.
Upon
which
Text
,
if
I
or
any
Bishop
else
where
to
Preach
,
I
believe
we
should
not
discharge
our
Duty
,
unless
we
should
tell
the
People
,
That
if
by
the
Grace
of
God
they
did
repent
,
they
should
not
perish
.
The
exception
here
,
{αβγδ}
,
nisii
,
unless
,
is
parallel
with
the
1
Kings
3.18
.
None
were
in
the
house
,
except
we
twain
;
they
Two
therefore
were
,
others
were
not
.
Such
Exceptions
proceeding
from
natural
Equity
,
are
tacitly
implied
in
Laws
,
tho
pronounced
in
general
terms
.
But
as
to
the
Exception
here
,
the
Words
are
not
capable
of
any
other
Sense
than
as
I
have
observed
;
for
except
that
Restraint
be
referred
to
Marrying
again
,
the
Sense
would
run
thus
,
Whosoever
puts
away
his
Wife
commits
Adultery
;
which
stands
not
with
Truth
or
Reason
;
since
it
is
not
the
Dismission
that
is
Adulterous
,
but
the
Marriage
of
another
.
It
is
,
therefore
,
the
plain
drift
of
our
Saviour
to
teach
the
Pharisee
,
that
the
Marriage
of
a
Second
Wife
after
a
dismission
of
a
former
,
upon
any
other
cause
,
except
for
fornication
,
is
no
less
than
Adultery
;
thereby
inferring
,
That
upon
a
Just
Dismission
for
Fornication
,
a
second
Marriage
cannot
be
branded
with
Adultery
.
Besides
,
the
Pharisee's
Question
[
Is
it
lawful
for
a
man
to
put
away
his
wife
for
every
cause
]
was
not
without
a
plain
implication
of
Liberty
to
matry
another
,
which
our
Saviour
well
knowing
,
gives
a
full
Answer
,
as
well
to
what
he
meant
,
as
what
be
said
;
which
had
not
been
perfectly
satisfactory
,
if
he
had
only
determined
that
one
part
concerning
Dismission
,
and
not
the
other
concerning
Marriage
,
which
Clause
if
Two
Evangelists
express
not
,
yet
it
must
be
fetch'd
necessa●ily
from
the
Third
;
since
it
is
a
sure
and
irrefragable
Rule
,
That
all
Four
Evangelists
make
up
one
perfect
Gospel
.
The
Rhemists
and
Colledge
of
Doway
urge
for
the
Popish
Doctrine
,
Rom.
7.2
.
The
woman
which
hath
an
husband
,
is
bound
by
the
law
to
her
husband
as
long
as
he
liveth
;
but
1.
This
place
is
to
be
Expounded
by
Christs
Words
.
2.
St
Paul
hath
no
occasion
here
to
speak
of
Divorce
,
but
of
Marriage
whole
and
sound
,
as
it
stands
by
Gods
Ordinance
.
3.
He
speaks
of
a
Woman
who
is
under
an
Husband
;
so
is
not
she
that
is
divorced
from
him
.
4.
St
Paul
useth
this
to
his
purpose
of
the
Law
being
dead
,
to
which
we
are
not
bound
.
Nor
is
their
Doctrine
more
favoured
by
1
Cor
.
7.10
.
Let
not
the
woman
depart
;
as
being
in
her
Choice
whether
she
would
depart
or
not
:
but
in
the
case
of
Fornication
she
was
to
depart
,
or
rather
be
put
away
,
whether
she
would
or
not
.
The
Bond
of
Marriage
is
to
be
enquired
into
,
what
it
properly
is
.
Being
a
Conjugal
Promise
Solemnly
made
between
a
Man
and
his
Wife
,
That
each
of
them
will
live
together
according
to
Gods
Holy
Ordinance
,
notwithstanding
Poverty
or
Infirmity
,
or
such
other
things
as
may
happen
during
their
Lives
.
Separation
from
Bed
and
Board
,
which
is
part
of
their
promise
so
to
live
together
,
doth
plainly
break
that
part
of
the
Bond
whereby
they
are
tied
to
live
together
both
as
to
Bed
and
Board
.
The
distinction
betwixt
Bed
and
Board
and
the
Bond
,
is
new
,
never
mentioned
in
the
Scripture
,
and
unknown
in
the
Antient
Church
;
devised
only
by
the
Canonists
and
the
Schoolmen
in
the
Latin
Church
(
for
the
Greek
Church
knows
it
not
)
to
serve
the
Pope's
turn
the
better
,
till
he
got
it
established
in
the
Council
of
Trent
,
at
which
time
,
and
never
before
,
he
laid
his
Anathema
upon
all
them
that
were
of
another
Mind
;
forbidding
all
men
to
marry
,
and
not
to
make
any
use
of
Christ's
Concession
.
Bed
and
Board
,
or
Cohabitation
,
belong
to
the
Essence
and
Substance
of
Matrimony
;
which
made
Erasmus
and
Bishop
Hall
say
,
That
the
distinction
of
those
two
from
the
Bond
,
is
meerly
Chimerical
and
Fancy
.
The
promise
of
Constancy
and
mutual
Forbearance
,
if
it
hinders
Divorce
as
to
the
Bond
,
hinders
it
also
as
to
bed
and
board
;
and
because
the
same
bed
,
and
the
same
table
were
promised
in
the
Marriage
Contract
;
but
the
promise
does
not
extend
even
to
Tolerating
Adultery
,
or
Malicious
Desertion
;
which
,
according
to
God's
Ordinance
,
Dissolves
the
Marriage
.
Our
Saviour
speaks
of
Divorces
Instituted
by
the
Mosaical
Law
;
but
they
were
no
other
than
Divorces
from
the
Bond
.
The
Form
of
the
Bill
of
Divorce
,
among
the
Jews
was
this
,
Be
Expelled
from
me
,
and
free
for
any
body
else
.
To
give
the
bill
of
Divorce
,
is
from
the
Hebrew
Root
{αβγδ}
which
is
to
break
,
or
cut
off
the
Marriage
.
With
this
agree
the
ancient
Canons
,
Councils
,
and
Fathers
of
the
Church
.
Concil
.
Neocaesar
.
&
Elib
.
forbid
the
retaining
an
Adulterous
Wife
.
Concil
.
Eliber
.
Aurelian
.
&
Arelatens
.
give
Liberty
in
such
Case
to
marry
again
Clemens's
Constitution
,
Tertullian
,
St
Basil
in
his
Canons
,
approved
by
a
General
Council
,
are
for
Marrying
again
.
Concil
.
Venet
.
If
they
marry
in
any
other
Case
than
Fornication
,
they
are
to
be
Excommunicated
,
and
not
otherwise
.
Concil
.
Wormat
.
gives
Liberty
to
the
Innocent
Party
to
Marry
after
Divorce
.
Concil
.
Lateran
.
gives
leave
for
the
Innocent
Party
after
a
Year
to
marry
again
.
Concil
.
Lateran
.
If
any
one
take
another
Wife
while
a
Suit
is
depending
,
and
afterwards
there
be
a
Divorce
between
him
and
the
first
,
he
may
remain
with
the
Second
.
Lactantius
,
St
Hierom
and
Epiphanius
,
are
for
allowance
of
Marriage
after
Divorce
.
Chrysostom
,
Hom.
19.
1
Cor
.
7.
says
,
That
the
Marriage
is
dissolved
by
adultery
;
and
that
the
husband
,
after
he
hath
put
her
away
,
is
no
longer
her
husband
.
Theophylact
on
the
16th
of
St.
Luke
says
,
That
St
Luke
must
be
interpreted
by
St
Matthew
.
St
Hillary
is
for
marrying
again
,
as
Dr
Fulk
saith
upon
St
Matthew
the
7th
.
The
Eastern
Bishops
,
in
the
Council
of
Florence
,
are
for
marrying
again
.
Justin
Martyr
speaks
of
a
Christian
Woman's
giving
a
bill
of
Divorce
to
a
dissolute
Husband
,
without
finding
any
fault
with
it
.
St
Ambrose
says
,
a
man
may
marry
again
,
if
he
put
away
an
adulterous
Wife
;
Theodoret
said
of
a
Wife
who
violated
the
Laws
of
Marriage
;
Therefore
our
Lord
requires
the
Bond
or
Tye
of
Marriage
to
be
dissolved
.
All
the
Greek
Church
to
this
day
allow
it
.
Erasmus
,
Cajetan
,
and
other
Papists
:
The
Civil
Law
,
and
the
Laws
of
the
Emperor
are
clear
for
it
:
And
the
Constitutions
of
our
own
Church
of
England
,
in
the
time
of
H.
8.
E.
6.
and
Queen
Eliz
.
The
Practice
of
the
English
Church
:
In
the
Stat.
1
Jac
.
c
.
11.
against
Second
Marriages
,
Divorces
are
excepted
;
and
in
Canon
107.
't
is
provided
they
shall
not
marry
again
;
but
it
is
not
said
such
Marriages
are
void
,
only
the
Caution
is
forfeited
:
Neither
doth
the
Canon
speak
of
such
Separations
,
wherein
the
Bond
itself
is
broken
,
as
't
is
by
Fornication
.
Even
the
Canon
Law
allows
marrying
again
,
in
case
a
Woman
seek
her
Husband's
life
,
and
in
case
of
a
Bond-woman
.
Gratian
says
,
in
the
Cause
of
Adultery
Lawful
Marriages
ought
not
to
be
denied
.
In
the
case
of
an
incurable
Leprosy
,
it
was
the
Advice
of
St
Gregory
to
Austin
the
Monk
.
That
he
that
could
not
contain
,
should
rather
marry
.
Bellarmin
owns
,
that
the
Bond
of
the
Marriage
of
Infidels
is
dissolvable
;
but
the
Marriage
of
the
Faithful
and
of
Infidels
is
of
the
same
nature
:
and
Justinian
,
a
Jesuit
,
confesses
,
that
it
is
simply
lawful
for
the
innocent
party
to
marry
again
.
And
the
Roman
Doctors
allow
a
dissolution
of
the
Bond
of
Marriage
,
if
the
parties
should
,
after
consummation
,
transfer
themselves
into
a
Friery
or
Nunnery
.
The
Canons
which
in
the
case
of
Adultery
prohibit
Marrying
in
the
life
time
of
the
guilty
person
,
are
contrary
to
2
Acts
of
Parliament
made
25
H.
8.
and
3
&
4
E.
6
,
Ref
.
Leg
.
Eccles
.
Tit
.
de
Adulteriis
&
Divortiis
.
wherein
no
Canons
are
allowed
that
be
any
way
repugnant
to
the
Laws
of
God
,
or
the
Scripture
,
the
King's
Prerogative
Royal
,
and
the
Statutes
of
this
Land
,
32
persons
were
to
review
the
Canon-Law
,
in
which
Review
,
drawn
up
by
Archbishop
Cranmer
,
the
Innocent
person
is
permitted
to
marry
again
,
according
to
Christ's
Law
and
Concession
.
We
have
examples
of
such
Marriages
in
H.
4.
of
France
,
H.
8.
of
England
,
Lord
Mountjoy
,
Lord
Rich
,
Bishop
Thornborough
,
and
divers
others
.
And
it
is
observable
,
That
in
the
Case
of
the
Marquis
of
Northampton
,
5
E.
6.
who
had
been
divorced
for
his
Lady's
Adultery
,
and
married
another
before
any
Act
of
Parliament
made
concerning
it
,
an
Act
which
passed
afterwards
(
only
two
Spiritual
and
two
Temporal
Lords
dissenting
)
declares
he
had
been
at
liberty
by
the
Laws
of
God
to
marry
,
and
did
lawfully
marry
another
;
where
the
Act
manifestly
supposes
,
that
whatever
had
obtained
for
Law
till
that
time
,
was
void
,
as
being
contrary
to
God's
Law
.
The
most
considerable
Men
of
the
Reform'd
Churches
both
at
home
and
abroad
are
of
this
opinion
:
Grotius
quotes
Tertullian
,
in
whose
time
it
was
lawful
for
the
innocent
party
to
Marry
.
Lancelot
Inst.
Jur
.
Can
.
acknowledges
that
Divorce
is
a
dissolution
of
the
Marriage
.
Selden
,
who
is
not
likely
to
contradict
the
Laws
of
this
Kingdom
,
maintaineth
,
That
Marriage
after
Divorce
is
to
be
allowed
;
and
in
that
particular
,
Dr
Hammond
doth
not
contradict
him
,
but
is
clearly
for
it
.
The
Opinion
of
Amesius
deserves
to
be
set
down
at
large
:
Marriage
,
says
he
,
cannot
be
dissolved
by
men
at
their
pleasure
;
and
for
that
reason
,
as
it
is
considered
simply
and
absolutely
,
it
is
rightly
said
to
be
indissolvable
;
because
Marriage
is
not
only
a
Civil
,
but
a
Divine
Conjunction
;
and
is
also
of
that
nature
,
that
it
cannot
be
dissolved
without
detriment
to
either
Party
:
Yet
it
is
not
so
indissolvable
,
but
it
may
be
dissolved
for
a
Cause
which
God
approves
as
just
;
for
the
Indissolvability
was
not
instituted
for
a
punishment
,
but
for
the
Comfort
of
innocent
persons
;
and
it
admits
an
exception
,
wherein
God
ceases
to
conjoyn
.
By
Adultery
two
are
made
not
to
remain
one
Flesh
:
hence
it
is
,
that
a
Contagious
disease
is
not
a
cause
of
dissolving
Marriage
.
By
Adultery
the
very
Essence
of
the
Contract
is
directly
violated
;
but
the
Contract
ceasing
,
the
Bond
depending
on
the
Contract
necessarily
ceases
.
It
is
against
all
reason
,
that
all
Matrimonial
Duties
should
be
for
ever
taken
away
,
yet
the
Bond
or
Obligation
to
those
duties
should
continue
.
The
words
of
our
Lord
,
Matth
.
5.32
.
and
19.9
.
have
no
distinction
or
limitation
of
the
putting
away
,
but
simply
and
absolutely
approve
of
putting
away
;
therefore
they
approve
of
putting
away
,
not
partial
,
or
to
a
particular
purpose
,
from
Bed
and
Board
,
but
Total
.
None
are
against
the
Reformed
Divines
,
but
Dr
Howson
,
Mr
Bunny
,
and
Dr
Prideaux
.
Dr
Howson
was
a
professed
Adversary
to
Dr
Raynolds
,
who
was
a
great
Maintainer
of
the
Church
of
England
against
all
the
points
of
Popery
,
and
particularly
in
this
.
Dr.
Taylor
,
Bishop
Hall
,
Dr
Fulk
,
are
for
second
Marriages
;
no
Authors
against
them
but
the
Council
of
Trent
,
and
those
of
the
Church
of
Rome
;
whose
Credit
is
only
saved
by
those
of
our
Church
who
agree
with
them
.
Upon
the
difference
of
Explication
between
St
Ambrose
,
Origen
,
and
St
Austin
,
a
new
kind
of
Divorce
has
been
thought
of
,
from
Bed
and
Board
;
but
this
Divorce
,
or
Name
of
a
Divorce
,
was
unknown
to
the
Jews
and
Ancient
Christians
.
I
said
so
much
before
,
at
the
first
and
second
reading
of
this
Bill
,
that
I
was
in
good
hopes
to
have
had
no
further
occasion
given
me
of
answering
any
Objections
against
it
now
;
but
seeing
divers
new
Arguments
have
been
studied
and
framed
against
it
since
that
time
,
I
shall
now
endeavour
to
satisfy
and
clear
them
all
.
1.
The
First
Argument
against
it
is
,
That
the
separation
from
Bed
and
Board
doth
not
dissolve
the
Bond
of
Marriage
.
To
which
I
must
Reply
,
as
I
did
before
,
That
this
is
a
distinction
without
a
difference
;
newly
invented
by
the
Canonists
and
Schoolmen
,
and
never
heard
of
either
in
the
Old
or
New
Testament
,
nor
in
the
times
of
the
Antient
Fathers
,
who
accounted
the
Separation
from
Bed
and
Board
,
to
be
the
Dissolution
of
the
Bond
itself
.
2.
That
first
Institution
of
Marriage
,
that
they
may
be
one
Flesh
,
is
by
Adultery
dissolved
,
when
the
Adultress
makes
her self
one
Flesh
with
another
Man
;
and
thereby
dissolves
the
first
Bond
of
her
Marriage
.
3.
The
Objection
,
that
if
the
Bond
be
dissolved
,
and
afterwards
,
if
the
Man
or
Woman
be
reconciled
,
they
must
be
Married
over
again
,
is
no
necessary
Consequence
,
no
more
than
't
is
in
a
Person
baptized
,
who
may
break
his
Covenant
,
and
renounce
his
Baptism
;
and
yet
upon
true
Repentance
be
received
into
Gods
Favour
by
virtue
of
the
first
Covenant
,
without
any
new
Baptism
.
Suppose
a
Witch
,
who
they
say
makes
a
Compact
with
the
Devil
,
to
renounce
her
Baptism
;
should
afterwards
,
by
the
Grace
of
God
,
seriously
and
truly
Repent
herself
of
the
wickedness
;
I
do
not
believe
that
any
body
would
take
upon
him
to
baptize
her
again
:
and
if
a
Priest
should
renounce
his
Orders
,
and
turn
Turk
,
and
yet
afterwards
repent
him
,
and
return
into
the
Church
,
he
need
not
be
re-ordained
a
second
time
.
The
case
will
be
the
same
in
Marriage
.
4.
I
said
heretofore
,
That
the
Roman
Doctors
allowed
this
Dissolution
of
the
Bond
when
the
Man
and
Wife
,
even
after
the
consummation
of
Marriage
,
wou'd
transfer
themselves
into
a
Friery
,
or
a
Nunnery
:
but
because
it
hath
been
since
doubted
,
that
no
Authority
can
be
shewed
for
this
particular
,
I
shall
here
shew
it
●t
of
the
old
Constitutions
of
the
Church
of
England
.
And
in
the
Case
of
Religion
,
that
is
the
true
understanding
,
that
,
to
wit
,
either
of
them
betaking
themselves
to
Religion
before
Carnal
Knowledge
,
Prov.
Will
.
Lindewode
,
sive
Const
.
Ang.
fol.
94.
Ver
.
nul
.
latenus
Separentur
.
the
Bond
of
the
Marriage
be
dissolved
:
but
if
both
enter
into
Religion
,
and
make
solemn
Profession
,
then
such
Marriage
is
dissolved
,
even
as
to
the
Bond
.
5.
It
hath
also
been
said
,
that
if
the
Bill
pass
,
it
will
pass
against
the
Church
of
England
:
which
,
I
confess
,
I
do
not
understand
:
for
the
Church
of
England
is
within
the
Kingdom
of
England
;
and
if
the
Laws
of
this
Kingdom
be
for
the
Bill
,
and
have
declared
it
by
the
Assent
of
the
King
,
Lords
,
and
Commons
,
as
in
the
Case
of
the
Marquis
of
Northampton
,
was
heretofore
declared
in
the
time
of
King
Edward
the
6th
.
That
by
the
Laws
of
God
the
Innocent
Party
was
at
liberty
to
Marry
again
.
Certainly
the
Spiritual
Lords
,
as
well
as
the
Temporal
and
Commons
,
are
bound
to
admit
it
;
and
I
know
not
why
they
should
be
called
the
Church
of
England
,
that
joyn
with
the
Council
of
Trent
,
and
plead
so
much
to
uphold
it
,
rather
than
others
that
joyn
with
all
the
Reformed
Churches
,
and
plead
against
that
Canon
of
the
Church
of
Rome
,
which
hath
laid
an
Anathema
upon
us
,
if
we
do
not
agree
with
them
.
As
to
the
supposed
inconveniencies
that
will
follow
upon
marrying
again
.
1.
More
inconveniencies
will
follow
if
they
be
forbidden
to
Marry
again
.
2.
The
Father
would
be
in
an
uncertainty
of
the
Children
,
if
he
should
retain
the
Adulteress
.
3.
There
would
be
danger
of
poisoning
or
killing
one
another
,
if
no
second
Marriage
were
allowed
.
4.
Where
the
Parties
should
consent
to
new
Marriages
for
their
own
Lusts
,
the
Magistrates
have
power
to
over-rule
such
practices
.
5.
If
they
be
kept
altogether
by
Divorce
from
Marrying
,
it
would
occasion
the
Innocent
Party
to
sin
.
A
little
before
the
main
question
about
passing
the
Duke's
Bill
,
the
Dutchesses
Agents
handed
about
this
Paper
,
among
such
as
they
thought
to
be
her
Friends
.
THE
CASE
of
Mary
,
Dutchess
of
Norfolk
.
UPon
the
Marriage
of
the
Dutchess
with
the
now
Duke
of
Norfolk
,
in
the
year
1677
,
her
Father
the
late
Earl
of
Peterborough
,
paid
as
part
of
her
Portion
10000
l.
and
Settled
on
that
Marriage
Lands
of
near
1000
l.
per
annum
,
the
Remainder
of
which
on
Failure
of
Issue
was
limited
to
the
now
Duke
and
his
Heirs
for
ever
;
and
the
Earl
after
his
and
his
Lady's
death
secured
to
the
Duke
the
Forfeiture
of
Drayton
,
worth
10000
l.
more
,
and
the
Duke
receiv'd
also
by
Agreement
1000
l.
per
annum
for
Twenty
years
out
of
the
Earls
Estate
;
besides
very
rich
Jewels
,
Plate
,
and
other
things
of
great
value
,
which
the
Dutchess
brought
with
her
into
the
Duke's
Family
:
And
great
Debts
having
been
contracted
,
for
the
support
of
the
Duke's
Honour
and
his
Service
,
while
he
cohabited
with
the
Dutchess
,
she
hath
since
his
Separation
from
her
paid
them
out
of
her
own
Estate
.
That
by
the
evil
and
malicious
insinuations
of
the
Dutchess's
enemies
,
the
Duke
was
prevailed
on
to
carry
her
,
then
a
Protestant
,
into
France
,
and
to
put
her
into
a
Monastery
(
where
she
could
not
be
admitted
without
changing
her
Religion
)
and
l●ft
her
there
,
on
great
assurances
of
sending
for
her
home
in
a
short
time
,
and
so
parted
with
great
expressions
of
kindness
.
That
a
considerable
time
after
,
by
the
Dukes
consent
,
she
returned
into
England
,
and
lived
retiredly
at
Drayton
in
Northamptonshire
;
and
at
the
time
of
the
Revolution
she
again
retir'd
to
France
,
where
,
she
continued
till
she
heard
of
her
Fathers's
Imprisonment
in
the
Tower
,
and
then
came
back
to
England
,
and
lived
privately
till
her
Father
obtained
his
Liberty
,
when
she
came
home
to
him
.
That
the
8th
of
January
,
1691.
the
Duke
was
prevailed
on
by
the
instigation
of
her
Enemies
,
to
exhibit
a
Bill
in
the
House
of
Peers
,
to
the
same
effect
with
the
Bill
now
depending
,
and
divers
Witnesses
were
examined
on
both
sides
,
after
which
and
a
long
solemn
debate
and
due
consideration
had
by
their
Lordships
of
the
Witnesses
,
and
what
was
Sworn
by
them
,
the
17th
of
February
,
they
were
pleased
to
reject
the
Bill
without
a
second
reading
.
Notwithstanding
which
the
Duke
was
again
prevailed
on
the
22th
of
December
,
1692.
to
exhibit
a
Second
Bill
in
the
House
of
Peers
,
to
the
same
effect
with
his
First
,
which
after
several
debates
,
was
the
2d
of
January
following
again
rejected
.
Sometime
after
this
,
and
for
accommodating
all
differences
between
them
,
Proposals
were
made
to
the
Dutchess
,
which
after
long
agitation
,
on
28th
of
April
,
1694.
were
reduced
into
writing
,
and
executed
by
the
Duke
and
Dutchess
:
The
preamble
of
which
Articles
is
in
the
words
following
.
Whereas
diverse
Controversies
,
Debates
,
Demands
,
and
Suits
of
several
natures
have
for
some
time
since
been
agitated
,
and
continued
between
the
said
Duke
and
the
said
Dutchess
his
Wife
,
&c.
unto
all
which
it
is
at
last
held
fitting
(
it
being
conducible
to
their
respective
quiets
and
ease
)
to
have
an
end
put
,
and
the
like
for
the
future
prevented
.
It
is
therefore
hereby
and
by
the
Parties
to
these
presents
declared
and
agreed
in
manner
following
;
Whereby
the
Dutchess
convey'd
to
the
Duke's
use
the
Mannor
of
Castle
Rising
,
&c.
And
also
the
said
Dutchess
and
her
Trustees
assigned
their
Interest
in
a
considerable
part
of
the
Mannor
of
Sheffield
in
Yorkshire
to
the
use
of
the
said
Duke
.
So
that
by
these
Articles
,
and
that
Deed
executed
thereupon
,
the
Duke
had
his
then
desired
Advantages
.
That
after
the
execution
of
these
Articles
,
the
Dutchess
sent
for
one
Mr
Negus
the
Dukes
principal
Gentleman
,
and
expressed
herself
very
sensible
of
the
misfortunes
of
the
Duke
and
her
self
,
and
desired
Mr
Negus
to
tell
the
Duke
,
that
she
would
avoid
all
Company
that
should
give
him
any
offence
,
and
that
she
would
not
so
much
as
pay
a
Visit
,
but
where
he
liked
;
which
Mr
Negus
lately
testified
before
the
Lords
,
and
that
he
acquainted
the
Duke
with
it
,
as
also
that
she
had
several
times
told
him
,
if
she
Dyed
first
,
she
would
leave
the
Duke
her
Estate
.
That
notwithstanding
the
said
Agreements
,
whereby
the
Duke
and
Dutchess
agreed
to
live
Separately
,
yet
without
his
signifying
any
Dissatisfaction
to
or
with
the
Dutchess
,
and
without
any
manner
of
Notice
,
or
previous
proceeding
in
the
common
and
ordinary
Course
of
Justice
,
but
by
taking
from
her
that
Legal
Tryal
in
the
Ecclesiastical
Court
,
which
by
the
Laws
of
this
Realm
she
is
intituled
unto
,
he
did
on
the
16th
day
of
February
last
exhibit
in
the
House
of
Peers
the
Bill
now
depending
for
Dissolving
the
Dukes
Marriage
with
the
Dutchess
,
and
for
enabling
him
to
Marry
again
.
Upon
which
the
proceedings
were
so
very
quick
,
two
Foreigners
(
a
French
Foot-man
and
a
Dutch
Cook
maid
)
lately
brought
from
beyond
Sea
,
being
forthwith
examined
against
her
,
charging
her
with
Facts
supposed
to
be
committed
many
years
since
,
and
long
before
the
date
of
the
said
Agreement
,
and
on
which
the
two
former
Bills
were
founded
,
that
it
was
impossible
for
her
to
make
her
Defence
as
she
might
have
done
,
if
the
proceedings
had
been
against
her
according
to
the
known
Laws
of
this
Land
.
The
Dutchess
thought
herself
under
a
necessity
of
complying
with
all
the
Orders
of
the
House
of
Peers
,
and
accordingly
as
well
as
she
could
,
made
her
Defence
,
tho
less
than
a
weeks
time
was
allowed
her
for
doing
it
,
and
upon
examining
the
Evidence
of
the
Dukes
Witnesses
,
many
contradictions
appeared
,
some
whereof
follow
,
as
doth
appear
by
the
depositions
taken
in
Writing
,
and
now
remaining
in
the
House
of
Peers
.
For
Hauseur
the
Footman
swears
the
Dutchess
was
at
the
Cock-Pit
,
when
and
before
he
came
to
live
with
Sir
John
Germaine
,
and
that
he
continued
there
fifteen
days
after
,
and
that
after
the
Dutchess
left
the
Cock-pit
she
went
to
Fox
hall
.
Vanness
the
Cook-maid
swears
Hauseur
came
to
Sir
John
when
the
Dutchess
was
at
Foxhall
.
Hauseur
swears
that
8th
Feb.
92
he
left
Sir
Johns
service
,
when
the
Tryal
was
between
the
Duke
and
Dutchess
in
Parliament
,
and
afterlived
privately
six
or
eight
weeks
,
till
he
and
Vanness
could
get
for
Holland
,
and
arrived
there
in
Easter
following
.
And
yet
in
another
place
he
swore
he
desired
leave
to
go
,
and
afterwards
that
he
also
went
for
Holland
as
soon
as
the
wind
was
fair
.
But
note
,
all
the
Evidence
was
closed
and
ordered
to
be
summed
up
the
9th
of
February
,
so
that
he
need
not
afterwards
to
have
gone
.
And
whereas
he
insinuates
that
he
and
Vanness
were
secreted
and
kept
from
being
Witnesses
:
Note
,
it
doth
no
where
appear
,
that
either
he
or
Vanness
were
ever
thought
on
for
Witnesses
.
Hauseur
swears
he
returned
again
to
Sir
John
in
Summer
92
,
being
often
sent
to
by
Sir
John
.
Whereas
Bayly
an
other
of
the
Dukes
Witnesses
,
swears
he
did
not
return
again
to
Sir
John
in
two
years
after
he
went
away
,
Bayly
the
witness
being
all
that
time
and
three
years
before
,
a
Servant
in
the
House
.
Note
also
,
that
this
very
Summer
92
,
to
wit
,
in
Easter
Term
,
the
Duke
brought
his
Action
against
Sir
John
,
which
was
tried
Michaelmas
Term
92
,
at
which
time
it
had
been
more
likely
,
if
Sir
John
had
believed
he
could
have
done
him
any
harm
,
he
should
have
kept
him
in
Holland
,
rather
than
have
sent
for
him
over
,
especially
considering
that
this
fellow
afterwards
swears
Sir
John
swore
in
a
rage
this
fellow
would
betray
him
.
Hauseur
being
asked
who
sent
for
Vanness
over
,
He
answered
,
that
after
he
had
promised
the
Duke
and
Lord
Howard
,
to
speak
the
truth
of
what
he
knew
,
they
desired
him
if
he
met
Vanness
to
desire
her
to
come
over
,
and
speak
the
truth
of
what
she
knew
.
And
being
ask'd
how
long
after
he
met
Vanness
,
answer'd
about
12
months
since
.
And
being
ask'd
when
was
the
first
time
he
spoke
to
her
,
about
her
coming
over
to
speak
the
truth
,
answered
,
't
is
about
a
year
since
.
And
being
asked
how
long
it
was
since
they
resolved
to
come
over
,
answer'd
,
12
months
.
Vanness
being
asked
whether
she
was
not
sent
for
from
Holland
to
be
a
witness
,
Answered
,
she
knew
nothing
of
it
,
till
eight
or
nine
weeks
ago
.
Van●ess
Swears
she
was
sent
away
on
account
of
the
Tryal
.
Whereas
Peacock
,
Hawkesworth
,
and
Knight
,
three
Servants
of
the
Dutchess
,
Swore
the
Dutchess
turn'd
her
away
before
the
Tyral
,
for
keeping
company
with
Dutch
Souldiers
,
and
they
do
Swear
a
new
Cook
maid
there
before
the
Tryal
.
Hauseur
Swears
he
had
a
Key
of
the
door
going
into
the
Park
,
and
could
come
in
when
he
would
,
And
yet
owns
,
he
knew
but
two
of
the
Servants
,
one
whereof
is
long
since
dead
.
And
also
the
Dutchesses
Servants
swear
they
never
heard
any
body
had
a
Key
,
and
that
if
any
Key
had
been
,
they
must
have
known
of
it
;
they
also
prove
the
Shutting
up
,
Bolting
and
Chaining
the
door
every
night
,
and
Opening
it
every
morning
,
and
but
one
of
the
Servants
remembers
ever
to
have
seen
him
at
the
door
,
and
then
he
rung
the
Bell
,
but
came
only
to
see
a
Country
woman
of
his
,
and
to
carry
Letters
to
Holland
,
and
brought
answer
back
to
her
,
but
was
not
admitted
beyond
the
passage
.
Hauseur
and
Vanness
Swear
they
saw
the
Dutchess
and
Sir
John
in
Bed
together
at
Millbank
.
The
Dutchesses
Woman
swore
she
has
put
the
Dutchess
to
Bed
,
and
taken
her
up
every
night
and
morning
several
years
,
and
never
saw
him
in
the
House
.
And
two
others
swear
they
were
constantly
in
waiting
night
and
morning
,
and
positively
deny
any
knowledge
of
any
such
thing
,
and
say
they
never
saw
Hauseur
there
,
and
that
Vanness
was
never
admitted
up
stairs
,
she
was
so
dirty
a
creature
,
much
less
to
dress
or
undress
the
Dutchess
,
as
she
pretended
often
to
have
done
.
Vanness
swears
she
could
not
tell
the
places
she
has
been
at
these
six
weeks
last
past
.
Whereas
Mr
May
,
and
two
other
of
the
Dukes
servants
,
Swear
she
has
been
fourteen
days
in
the
Dukes
own
house
,
with
the
full
liberty
of
the
House
.
Vanness
being
asked
whether
she
ever
told
any
body
of
the
occasion
of
her
going
away
,
she
swore
yes
,
she
told
it
to
a
great
many
in
Holland
,
and
not
here
.
Yet
being
afterwards
asked
whether
she
ever
discovered
that
she
was
sent
out
of
the
way
,
she
swore
directly
no
.
These
are
some
of
the
many
plain
Contradictions
and
Disproofs
of
these
Evidences
;
besides
the
great
improbability
in
their
own
nature
,
in
several
things
sworn
.
But
it
is
also
to
be
noted
,
that
Hauseur
left
Sir
John's
service
in
a
disgust
,
and
so
it
is
proved
by
Baily
another
of
the
Dukes
Witnesses
,
and
that
what
Hauseur
swore
could
be
nothing
but
Spight
and
Malice
.
Yea
,
it
is
proved
on
the
Dutchesses
part
,
that
he
swore
he
would
find
a
way
to
be
revenged
of
him
,
and
that
perhaps
it
might
not
be
long
first
;
and
Mr
Strange
,
Mrs.
Pitts
,
and
her
two
Maids
,
who
could
have
deposed
very
materially
for
the
Dutchess
refused
to
appear
,
tho
often
summoned
;
being
persons
not
in
the
Dutchesses
Interest
or
Power
.
This
Hauseur
has
been
out
of
place
ever
since
he
left
Sir
John's
service
,
April
96.
and
is
so
still
,
as
he
Swears
And
so
in
consequence
likely
to
be
necessitous
.
Note
also
,
that
Hauseur
swears
Sir
John
gave
him
seven
Guineas
to
pay
the
charges
of
himself
,
Vanness
and
another
,
which
were
ordered
to
be
kept
private
,
till
they
could
be
shipp'd
off
,
and
also
for
their
passage
into
Holland
,
which
was
in
time
from
the
8th
of
Feb.
92.
till
Easter
.
Which
does
not
look
like
a
Bribe
for
a
secret
of
this
nature
,
being
hardly
sufficient
to
maintain
three
people
,
and
pay
their
Lodgings
,
for
two
months
.
Hauseur
would
be
thought
a
mighty
Confident
,
so
as
to
have
a
Key
to
the
Dutchesses
house
,
to
come
in
and
go
out
when
he
pleased
;
and
yet
,
as
well
acquainted
as
he
pretended
to
be
with
the
House
,
and
the
Dutchesses
Bed-chamber
,
he
could
not
tell
on
what
Floor
it
was
,
nor
what
Furniture
it
had
;
nor
whether
Wainscotted
or
Hanged
.
And
when
he
was
asked
,
which
way
the
Windows
of
the
Bed
chamber
looked
,
he
trifled
in
that
Question
,
and
concluded
he
could
see
the
Water
,
but
was
affraid
to
go
near
the
Window
for
fear
of
being
discovered
,
and
yet
had
no
scruple
of
coming
into
the
house
with
his
Key
at
any
time
.
These
things
being
observed
,
it
must
be
consider'd
,
that
the
Facts
now
in
effect
charg'd
against
the
Dutchess
,
are
suggested
to
be
done
many
years
since
,
and
were
debated
and
considered
before
the
Peers
,
before
the
rejection
of
the
two
first
Bills
,
and
long
before
the
agreement
for
putting
an
end
to
all
Controversies
and
Debates
.
Now
't
is
very
hard
to
put
the
Dutchess
to
account
again
,
for
those
very
Facts
,
considering
that
after
eight
or
nine
years
,
many
people
are
dead
,
others
dispersed
,
and
not
in
a
little
time
to
be
found
out
.
and
circumstances
of
times
and
places
(
which
in
the
nature
of
all
these
Cases
is
almost
all
that
is
left
to
discover
a
Falsity
)
forgot
.
The
Dutchess
is
also
under
the
unavoidable
necessity
of
proving
a
Negative
against
downright
Swearing
,
and
that
without
any
matter
Introductory
,
and
also
by
two
mean
Servants
,
the
one
turned
out
of
her
place
for
keeping
company
with
Foot
Souldiers
,
and
the
other
leaving
his
place
in
disgust
,
because
he
could
not
have
the
Play
Money
.
Masters
are
already
too
much
in
the
power
of
their
Servants
,
and
if
they
charge
their
Masters
with
Adultery
,
Felony
,
and
even
Treason
,
it
is
not
easily
in
the
power
of
the
Master
to
defend
himself
against
downright
Swearing
;
Servants
having
those
opportunities
of
the
knowledge
of
times
and
places
and
company
,
which
cannot
be
denied
or
avoided
,
and
which
others
have
not
,
whereupon
they
may
frame
and
build
false
Evidence
,
and
many
times
are
of
ill
Principles
and
desperate
Fortunes
,
and
of
tempers
very
Revengeful
,
so
that
whoever
turns
away
a
Servant
,
he
is
in
his
power
for
his
Estate
,
Honour
,
and
even
Life
itself
.
And
therefore
for
the
safety
and
freedom
of
Families
,
in
other
Countries
they
are
not
permitted
to
be
Evidence
against
their
Masters
in
any
matter
criminal
whatsoever
.
Note
also
,
that
the
Dutchess
thinks
she
as
an
English
Subjects
has
by
Magna
Carta
the
same
right
to
a
Tryal
in
the
legal
and
ordinary
was
of
Justice
,
as
the
rest
of
the
Kings
Subjects
,
especially
considering
that
there
never
yet
was
in
England
one
Precedent
,
of
a
Bill
exhibited
in
Parliament
to
dissolve
a
Marriage
at
the
first
instance
,
without
any
previous
proceedings
in
the
Ecclesiastical
Courts
;
(
which
in
these
Cases
is
the
Law
of
the
Land
)
and
not
above
five
or
six
Bills
,
in
above
600
years
,
ever
passed
to
dissolve
Marriages
,
or
make
Second
Marriages
good
,
even
after
there
had
been
a
Divorce
in
the
Spiritual
Courts
,
and
those
Bills
too
in
Cases
generally
where
the
Husbands
were
without
any
recrimination
.
No
Impediment
appears
why
the
Duke
should
not
have
endeavoured
a
Divorce
at
Law
,
before
he
had
attempted
a
Bill
to
dissolve
the
Marriage
.
For
any
Application
to
the
Legislature
for
tryal
of
matters
of
private
right
is
improper
,
because
there
are
proper
Judicatures
,
that
give
that
remedy
the
Law
allows
.
To
ask
any
thing
of
the
Legislature
,
in
private
Causes
between
party
and
party
,
beyond
what
the
known
Laws
in
force
give
,
seems
to
be
improper
,
because
,
1.
It
is
to
make
a
Law
in
one
persons
case
,
which
is
not
the
Law
in
anothers
.
2.
It
is
to
retrospect
actions
,
and
after
the
Fact
to
augment
or
alter
the
Penalty
.
Our
Laws
are
certain
and
known
,
that
persons
may
conform
their
actions
to
them
.
3.
The
Courts
and
Forms
of
Law
are
equally
the
Subjects
right
with
the
Law
,
and
the
application
to
the
Legislature
,
takes
away
all
that
right
of
Form
and
Charging
,
whereas
a
certainty
in
time
to
answer
,
and
exceptions
to
witnesses
,
and
other
Legal
defences
of
the
Fact
,
cannot
be
denied
the
meanest
Subject
.
The
consequence
that
short
and
summary
ways
of
proceedings
may
have
on
the
Settlements
of
Estates
and
Families
,
may
be
very
dangerous
,
and
tho
the
Duke
of
Norfolk's
Bill
passed
the
House
of
Peers
,
yet
a
great
number
of
the
Peers
both
Spiritual
and
Temporal
,
entred
their
protest
against
its
passing
,
and
their
reasons
for
it
.
It
ought
to
be
no
prejudice
to
the
Dutchess
,
that
the
next
Heir
presumptive
to
the
Duke
doth
not
as
yet
appear
to
be
a
Protestant
,
because
when
a
Bill
which
hath
lately
passed
both
Houses
is
become
a
Law
,
it
is
not
likely
that
noble
Family
will
be
without
a
Protestant
at
the
head
of
it
.
If
any
of
the
witnesses
formerly
examined
on
the
Bill
in
1691.
be
now
again
produced
,
it
is
humbly
apprehended
,
that
as
the
validity
of
their
testimony
they
then
gave
was
totally
overthrown
,
by
a
greater
number
of
witnesses
,
so
it
will
be
again
,
tho
under
the
disadvantage
of
the
great
distance
of
time
.
Martis
19.
die
Martij
,
1699.
The
Reading
the
Bill
,
for
dissolving
the
Marriage
of
the
Duke
of
Norfolk
,
the
second
time
,
and
hearing
Council
as
well
on
behalf
of
the
Dutchess
against
the
Bill
,
as
on
behalf
of
the
Duke
for
the
Bill
,
being
the
Order
of
the
Day
,
before
the
Council
was
called
in
,
to
prevent
the
Inconvenience
of
People
crouding
into
the
House
,
the
House
made
an
Order
,
That
none
but
the
Council
,
Sollicitors
,
and
Parties
should
be
called
in
,
and
that
the
Witnesses
should
have
notice
to
attend
without
,
ready
to
be
called
in
,
if
the
House
should
think
fit
.
It
was
also
intimated
,
That
if
the
Duke
and
Dutchess
did
think
fit
to
come
into
the
House
,
they
should
be
accommodated
with
Chairs
,
that
being
a
respect
shewed
to
the
Nobility
when
they
come
into
the
House
.
And
then
the
Council
,
and
Sollicitors
,
and
Parties
of
both
sides
were
called
in
:
And
first
the
Bill
was
read
to
them
.
And
then
the
Lady
Dutchess's
Petition
was
read
.
The
Council
that
appeared
,
were
-
Sir
Thomas
Powys
,
for
the
Dutchess
.
-
Mr.
Dod
,
for
the
Dutchess
.
-
Dr.
Pinfold
,
for
the
Dutchess
.
-
Mr.
Serj
.
Wright
,
for
the
Duke
.
-
Mr.
Northey
,
for
the
Duke
.
-
Mr.
Alwood
,
for
the
Duke
.
-
Dr.
Oldish
,
for
the
Duke
.
And
Mr.
Speaker
then
spake
to
this
effect
:
Mr.
Speaker
,
You
are
there
,
I
see
,
Councel
on
both
sides
.
The
House
have
ordered
,
That
my
Lady
Dutchess
should
be
heard
according
to
the
Prayer
of
her
Petition
;
and
my
Lord
Duke
had
likewise
an
Order
to
be
heard
to
make
good
his
Bill
.
I
think
the
Petitioner
is
to
be
heard
first
,
to
make
good
the
Allegations
of
her
Petition
;
and
when
the
House
have
heard
you
both
,
as
to
that
,
they
will
consider
whether
they
will
proceed
to
hear
the
Alligations
of
the
Bill
made
out
.
Sir
Thomas
Powys
,
Mr.
Speaker
,
with
your
favour
,
Sir
,
I
am
of
Councel
with
the
Petitioner
,
the
Dutchess
of
Norfolk
,
against
this
Bill
that
is
now
before
you
,
and
I
believe
I
may
say
with
some
assurance
,
that
this
Bill
,
in
the
manner
as
it
is
now
brought
before
you
,
is
the
first
that
ever
was
attempted
in
this
Honourable
House
.
It
's
,
Sir
,
true
,
that
several
years
ago
this
Bill
,
or
another
of
the
same
Nature
,
was
attempted
twice
in
the
other
House
,
and
as
often
rejected
;
but
't
is
as
true
,
at
last
it
does
come
from
thence
hither
,
but
not
without
a
Protestation
there
;
and
I
humbly
hope
you
will
take
notice
that
this
is
a
Bill
of
Divorce
in
Parliament
,
in
the
first
Instance
,
without
a
previous
Prosecution
to
examine
the
Fact
in
any
of
the
Ordinary
Courts
,
that
have
Authority
in
these
Matters
.
It
is
a
Bill
not
only
to
Divorce
the
Dutchess
upon
a
very
short
warning
,
who
hath
been
a
Wife
twenty
three
Years
,
but
to
render
her
Infamous
to
all
Posterity
by
Act
of
Parliament
,
which
I
accompt
to
be
the
greatest
Misfortune
possible
to
befal
any
Person
;
and
at
the
same
time
it
takes
from
her
the
legal
Tryal
of
the
Fact
whereof
she
is
accused
,
and
which
she
hath
a
right
to
by
the
Law
of
the
Land
,
sure
as
much
as
the
meanest
Subject
;
and
which
we
don't
apprehend
she
has
in
any
wise
forfeited
,
nor
is
there
any
reason
assigned
,
why
his
Grace
has
not
been
pleased
to
proceed
in
the
Ordinary
Course
.
I
hope
,
Sir
,
you
will
take
notice
also
,
that
this
is
in
truth
,
nothing
but
a
Suit
between
Party
and
Party
.
't
is
meerly
a
Cause
Matrimonial
between
Husband
and
Wife
,
began
originally
in
the
House
of
Peers
,
and
as
hitherto
the
beginning
of
Causes
between
Party
and
Party
,
in
that
House
hath
been
strongly
opposed
,
so
I
hope
it
will
be
thought
reasonable
to
do
so
always
,
because
it
deprives
the
Subject
of
that
Legal
Defence
due
to
him
by
the
Law
of
the
Land
.
If
this
was
always
complained
of
,
when
the
Proceedings
were
in
a
Judicial
way
,
surely
't
is
a
great
deal
worse
to
begin
there
a
private
Cause
between
Party
and
Party
in
the
Legislative
way
.
I
can
see
no
manner
of
difference
with
respect
to
the
loss
of
those
great
Advantages
the
Party
is
intituled
to
,
only
this
seems
rather
to
be
the
most
against
reason
.
Sir
,
this
is
a
summary
Proceeding
with
a
Witness
.
It
began
but
the
16.
of
February
,
and
but
a
Weeks
time
was
given
to
the
Party
accused
of
so
high
a
Crime
,
and
of
so
great
consequence
to
the
Party
accused
,
to
be
heard
to
it
;
and
tho
perhaps
we
may
with
reason
enough
find
fault
with
the
tedious
proceedings
in
some
Courts
,
where
Appeals
and
Writs
of
Error
are
justly
due
,
as
where
Property
is
well
fixed
,
it
must
needs
be
reasonable
.
I
say
,
from
various
Causes
,
though
Suits
in
the
Ordinary
Courts
are
very
tedious
,
yet
I
am
sure
a
Summary
way
of
proceeding
without
due
warning
,
or
any
certain
way
of
making
Defence
by
any
known
rules
,
and
without
Oath
,
as
here
without
Appeal
,
without
any
possibility
of
retrieving
the
matter
again
,
with
great
submission
,
and
if
this
must
be
for
all
that
one
has
in
the
World
,
such
a
Summary
way
is
a
very
terrible
thing
.
I
would
be
glad
any
one
would
make
it
his
own
Case
,
and
think
with
themselves
how
they
should
like
it
,
if
their
Life
,
Estate
,
and
all
they
had
,
were
put
upon
such
a
Summary
way
of
proceeding
.
't
is
true
,
in
some
Kingdoms
where
the
Government
is
Arbitrary
,
the
Proceedings
are
summarily
,
and
most
commonly
they
go
together
;
and
if
we
were
in
a
place
where
the
Judges
were
infallible
,
and
there
were
no
False
Witnesses
,
and
Truth
could
be
discovered
at
an
instant
,
a
Summary
way
would
be
best
;
but
since
Men
are
fallible
,
since
there
is
Passion
and
Partiality
in
the
World
,
since
oftentimes
there
is
notorious
Detections
of
Perjury
,
and
several
things
are
difficult
to
be
disclosed
,
and
require
a
reasonable
time
for
examining
into
Facts
;
from
thence
it
is
that
there
are
settled
Courses
for
determining
all
Questions
in
England
between
Party
and
Party
;
and
there
are
known
Rules
and
good
Methods
,
for
the
relieving
against
any
ill
Judgment
that
is
given
.
Whatever
you
may
think
of
this
particular
Case
of
the
Dutchess
of
Norfolk
;
the
Example
is
of
mighty
consequence
to
all
Parents
,
that
perhaps
make
hard
shift
to
give
their
Daughters
considerable
Portions
,
and
may
think
they
have
married
them
well
,
and
made
Provision
for
them
and
their
Children
.
I
say
it
will
be
hard
,
if
their
Daughters
should
be
sent
home
to
them
upon
a
Fortnights
warning
,
and
that
Witnesses
should
be
examined
against
them
,
without
their
having
notice
so
much
as
of
the
places
of
their
Abode
.
And
a
thing
should
be
determined
before
the
Witnesses
can
be
well
known
,
and
it
must
be
agreed
to
be
of
great
Consequence
to
all
Collateral
Heirs
,
if
Marriages
are
so
easily
and
suddenly
set
aside
for
want
of
Issue
,
which
I
find
to
be
one
of
the
Causes
assigned
for
this
Bill
,
and
that
it
may
be
in
a
Summary
way
,
perhaps
,
before
they
can
well
hear
of
it
.
I
am
sure
,
this
is
a
matter
of
too
great
Temptation
to
be
put
upon
Men
that
may
grow
weary
of
their
Wives
,
and
desire
a
better
Fortune
,
or
desire
Change
,
or
may
be
moved
by
a
thousand
Reasons
we
can't
think
off
,
to
revive
old
Quarrels
,
and
think
of
things
long
since
passed
,
if
you
will
set
such
a
Precedent
of
Divorcing
in
such
a
Summary
way
.
This
is
sure
of
infinite
concern
to
us
in
higher
matters
.
A
Bill
of
Divorce
of
a
Woman
in
Parliament
,
without
a
Legal
Tryal
,
is
just
the
same
thing
as
a
Bill
of
Attainder
against
a
Man
for
Treason
;
the
one
forfeits
the
Estate
,
corrupts
the
Blood
,
and
takes
away
his
Life
,
and
the
other
does
very
little
less
:
For
I
find
according
to
the
Bill
,
't
is
to
forfeit
her
Joynture
,
to
defame
her
Person
,
corrupt
her
Reputation
;
and
though
it
leave
her
Life
,
it
is
left
with
Infamy
,
which
is
worse
than
Death
,
and
in
a
Case
of
this
high
moment
,
sure
you
will
be
careful
how
you
alter
the
course
of
Trials
.
I
beseech
you
,
Sir
,
will
not
the
reason
be
the
same
,
that
a
Bill
of
Attainder
may
be
brought
against
a
Man
,
and
that
Witnesses
against
him
may
be
fetched
from
beyond
Sea
,
which
he
had
formerly
discharged
from
his
Service
,
and
put
the
other
side
to
prove
what
is
always
very
difficult
,
the
Negative
,
to
make
his
Defence
,
which
must
needs
require
a
reasonable
time
for
the
making
out
of
Circumstances
,
and
laying
Evidence
together
;
where
will
be
the
difference
between
proceeding
against
a
Man
for
his
Life
without
a
Tryal
,
and
proceeding
against
a
Woman
for
her
Joynture
,
where
her
Name
,
Family
,
and
Reputation
,
is
concern'd
,
and
perhaps
her
Children
,
the
ligitimacy
of
whom
must
come
in
question
;
and
in
a
Case
,
where
the
Person
by
no
behaviour
of
hers
hath
forfeited
such
a
Tryal
,
nor
the
Person
that
Prosecutes
this
Bill
,
can't
shew
,
that
he
hath
been
obstructed
in
his
proceeding
in
the
ordinary
way
.
I
need
not
take
notice
of
what
every
body
knows
,
that
we
have
a
happy
Constitution
,
if
we
can
keep
it
,
every
Man
can
call
his
Wife
his
own
,
and
his
Estate
his
own
,
because
it
can't
be
taken
away
,
but
by
Legal
Tryal
;
but
if
you
will
go
into
these
extraordinary
resorts
,
when
the
Courts
and
the
Law
is
open
,
without
any
previous
Preparations
for
that
Matter
,
by
having
a
fair
Examination
,
that
the
Party
can't
say
there
is
a
surprize
,
I
know
not
where
it
will
end
;
and
though
in
one
case
it
may
be
desirable
that
there
should
be
an
extraordinary
Relief
;
but
will
this
go
no
farther
?
Can
any
body
say
that
?
That
which
we
find
in
Magna
Charta
is
not
to
be
forgot
,
where
there
is
so
much
care
in
the
several
instances
of
it
for
the
preserving
of
Property
,
and
the
Right
of
Tryals
,
Quod
nullus
destruatur
,
nec
super
eum
ibimus
,
nec
super
eum
mittemus
,
nisi
per
legale
judicium
parium
suorum
vel
per
legem
terrae
.
Why
,
in
this
Case
the
Ecclesiastical
Law
,
is
Lex
Terrae
.
And
if
that
be
to
be
taken
away
without
any
Reason
,
why
may
not
the
Law
in
any
other
Case
.
We
have
perhaps
in
time
of
great
Emergency
and
Publick
difficulties
,
had
some
extraordinary
Laws
grounded
on
Extraordinary
Reasons
,
but
now
we
are
in
a
time
of
settled
Peace
,
when
there
may
be
a
just
determination
according
to
the
Law
of
the
Land
,
I
can't
see
any
reason
for
this
proceeding
,
no
not
in
this
particular
case
.
I
would
Sir
with
your
favour
,
take
notice
of
those
few
Instances
of
this
kind
,
that
have
been
in
England
by
Act
of
Parliament
,
and
in
what
manner
they
have
proceeded
.
There
have
not
passed
hardly
Six
in
Six
hundred
years
,
I
think
I
may
challenge
them
on
the
other
side
to
shew
so
great
a
number
,
but
those
I
have
I
shall
quote
:
But
they
Proceed
d
in
another
manner
than
this
had
done
.
't
is
true
,
where
Persons
have
had
a
fair
Tryal
in
a
proper
Court
,
and
Witnesses
have
been
Examined
,
and
Sentence
final
been
pronounced
,
and
where
the
party
as
to
the
fact
hath
been
concluded
according
to
the
Law
of
the
Land
,
when
all
this
hath
passed
,
some
Instances
there
have
been
,
that
afterwards
an
Act
of
Parliament
has
passed
to
strengthen
the
Sentence
,
and
to
carry
it
farther
than
the
Ecclesiastical
Courts
will
allow
,
even
to
the
dissolving
the
Marriage
,
and
Enabling
the
Innocent
Person
to
Marry
again
,
but
you
will
find
all
those
Acts
are
founded
and
built
upon
the
Sentence
in
those
Courts
,
and
recite
those
Sentences
as
a
great
inducement
to
the
passing
of
those
Acts
,
and
I
crave
leave
just
to
take
notice
of
those
.
The
first
we
find
,
is
that
made
in
the
Case
of
the
Marquess
of
Northampton
,
which
was
in
5
E.
6.
He
was
Married
to
a
Daughter
of
the
Earl
of
Essex
,
and
she
Eloped
from
him
,
and
was
prosecuted
in
the
Ecclesiastical
Courts
,
and
there
was
Sentence
against
her
of
Divorce
.
The
Marquess
from
hence
took
upon
him
to
Marry
a
Daughter
of
the
Lord
Cobham
,
and
after
Four
Years
Marriage
of
her
he
obtained
an
Act
of
Parliament
to
ratify
the
Second
Marriage
,
which
Act
recites
a
settlement
of
Divorce
in
the
Ecclesiastical
Court
.
This
took
its
rise
from
Examination
according
to
Law
,
and
that
Act
of
Parliament
is
grounded
upon
it
,
and
recites
it
as
a
previous
matter
necessary
to
induce
that
Act.
The
next
that
follow's
was
the
famous
Case
of
the
Lord
Ross
,
afterwards
Earl
of
Rutland
,
though
there
perhaps
was
as
great
a
notoriety
of
Fact
as
can
be
pretended
in
this
Case
,
and
he
did
not
stand
impeached
of
any
immodest
behaviour
,
but
even
in
that
case
the
Divorce
by
the
Act
,
followed
a
Divorce
in
the
Ecclesiastical
Court
,
and
that
passed
with
such
Difficulty
that
it
was
Four
Years
in
hand
,
it
began
in
Sixty
Six
,
and
was
not
passed
till
Seventy
.
I
have
a
Copy
of
it
;
and
it
says
that
forasmuch
as
Mannors
commonly
call'd
L.
Ross
.
And
it
proceeds
thereupon
to
Enable
him
to
Marry
again
,
but
this
Sir
could
not
be
but
by
two
Acts
of
Parliament
,
besides
the
Sentence
in
the
Ecclesiastical
Court
,
for
he
first
got
that
Court
to
declare
the
Children
illegimate
,
and
then
in
the
year
(
70
)
the
Parliament
passed
this
Act.
I
know
of
no
other
till
we
come
to
a
case
that
happened
within
our
Memory
,
't
is
the
Case
of
a
Person
of
great
worth
,
and
I
hope
it
will
give
no
offence
when
I
cite
the
Precedent
.
It
was
the
Case
of
Mr.
Lukenor
,
who
had
been
grosly
abused
by
his
Wife
,
by
Elopement
and
open
Adultery
,
but
the
Act
he
obtained
went
no
farther
than
to
disable
the
Children
born
while
she
lived
in
open
Adultery
,
and
that
Act
recites
a
Sentence
of
Divorce
,
I
have
the
Copy
of
it
,
and
I
crave
leave
I
may
read
a
few
lines
of
it
,
It
recites
that
Mr.
Lukenors
Wife
had
Eloped
from
her
Husband
.
There
was
indeed
a
famous
case
not
long
agoe
of
a
Lady
that
was
taken
away
by
Force
,
and
pretended
to
be
Married
,
and
an
Act
of
Parliament
came
afterwards
to
declare
that
Marriage
Null
and
Void
,
but
even
there
was
a
proceeding
at
Law
with
a
Witness
.
The
Person
that
had
been
concerned
,
was
actually
Indicted
and
Executed
,
it
was
not
there
to
make
a
Divorce
,
and
so
it
had
been
a
Vain
thing
to
have
gone
into
the
Spiritual
Court
,
where
there
was
no
Marriage
,
for
it
was
only
a
Law
after
the
Fact
Declaratory
by
way
of
Caution
,
to
give
the
more
satisfaction
that
that
Marriage
was
Null
and
Void
.
Sir
,
the
last
I
know
of
(
and
it
may
be
proper
for
you
to
observe
how
quick
these
People
come
after
it
)
was
that
of
a
Noble
Earl
,
that
did
obtain
last
Parliament
,
an
Act
for
Divorcing
him
and
his
Lady
.
It
is
the
Case
of
the
Earl
of
Macclesfield
,
but
in
that
Case
it
will
be
proper
to
take
notice
to
you
,
that
there
were
previous
proceedings
in
the
Ecclesiastical
Court
,
there
was
a
Libell
exhibited
against
her
,
a
charge
upon
her
,
and
Witnesses
examined
,
and
she
had
a
fair
Opportunity
of
making
her
Defence
,
there
was
a
Regular
and
a
long
Proceeding
against
her
,
and
a
Prosecution
of
her
,
in
order
to
a
Sentence
of
Excommunication
,
and
then
there
came
the
Earls
Petition
into
the
House
of
Peers
,
setting
forth
that
there
had
been
such
a
Proceeding
as
this
,
and
that
she
stood
in
contempt
,
having
been
Prosecuted
as
far
as
that
Court
could
go
,
after
an
Examination
of
Winesses
,
in
all
the
Cases
I
have
heard
of
a
Divorce
by
Act
of
Parliament
,
there
have
been
Proceedings
in
the
Ecclesiastical
Court
,
this
was
the
way
of
former
times
,
but
now
we
are
beginning
where
the
matter
ought
to
End.
And
now
the
first
Application
is
to
that
place
,
wherein
all
these
Instances
(
as
I
think
it
ought
to
be
)
was
the
last
resort
.
't
is
true
this
Method
may
not
please
the
Duke
,
for
we
know
his
Grace
is
in
hast
,
and
for
cutting
the
knot
a
sunder
,
at
once
by
the
Legislative
Power
,
but
I
hope
upon
these
Precedents
,
you
will
think
it
more
reasonable
it
should
be
at
first
untyed
,
or
at
least
Loosen'd
by
a
Judicial
Proceeding
.
If
you
will
,
I
do
not
see
how
in
Justice
the
Parliament
can
deny
the
like
Remedy
the
next
Sessions
to
any
other
that
may
be
in
the
like
case
,
it
may
be
in
worse
,
for
here
is
no
pretence
of
any
Spurious
Issue
;
can
the
Parliament
of
England
,
whence
we
take
our
measures
of
Justice
,
deny
the
like
remedy
in
Justice
to
any
others
that
are
in
the
like
Case
?
What
is
it
that
guards
you
from
an
infinite
application
of
this
Nature
,
but
requiring
Persons
to
take
the
ordinary
course
first
,
and
to
come
round
about
to
the
Parliament
,
as
the
last
Remedy
,
to
carry
the
Sentence
perhaps
farther
than
the
Ecclesastical
Court
can
do
,
but
if
Persons
may
come
up
directly
hither
,
I
am
apt
to
think
your
Lobby
will
be
crowded
with
Petitioners
of
this
nature
the
next
Sessions
,
though
the
Sessions
now
are
long
and
frequent
,
this
single
business
may
be
so
great
as
to
obstruct
all
other
business
,
I
am
sure
a
Committee
for
Adultery
would
have
a
full
Employment
.
Let
it
be
consider'd
how
strange
it
would
be
if
some
Poor
Man
upon
this
precedent
,
shall
come
and
make
Application
,
and
tell
you
he
stands
in
need
of
such
a
Bill
from
the
condition
of
his
Family
,
that
his
Wife
Plunders
his
House
,
sells
his
Goods
,
and
lives
in
Adultery
,
and
pray
this
matter
may
be
examined
in
a
Summary
way
,
because
he
is
not
able
to
go
through
the
costly
course
of
Ecclesiastical
Courts
,
and
be
favoured
with
a
Divorce
;
would
not
this
Poor
Mans
Case
seem
to
have
the
like
Justice
,
or
possibly
more
,
and
yet
if
such
a
mean
Man
should
come
with
such
a
Petition
,
perhaps
it
would
look
strange
,
and
yet
in
Justice
there
is
no
respect
of
Persons
,
the
Law
in
England
is
Unum
pondus
&
una
mensura
,
and
if
this
should
be
done
in
the
Case
of
a
great
and
Rich
Man
,
and
not
for
a
Poor
Man
,
they
may
say
what
hath
been
said
by
some
,
That
our
Laws
are
like
the
Spiders
web
,
which
only
holds
the
Lesser
Insects
.
Shall
those
that
expect
the
best
Fortunes
and
greatest
Advantage
by
Marriage
,
not
undergoe
the
bad
Fortune
of
Marriage
too
?
I
am
sure
if
this
be
so
,
it
's
a
Privilege
of
Peerage
,
never
thought
of
before
.
You
may
see
Sir
by
this
Bill
how
Precedents
grow
upon
you
;
at
first
in
the
Case
of
the
Marquess
of
Northampton
,
it
was
hard
to
get
an
Act
after
a
Divorce
:
So
it
was
in
the
Case
of
my
Lord
Rose
;
the
last
Sessions
,
in
the
Case
of
the
Earl
of
Macclesfield
it
went
farther
there
,
because
there
had
been
a
previous
proceeding
in
the
Ecclesiastical
Court
,
and
his
Lady
had
Obstructed
that
Sentence
,
that
Act
passed
before
Sentence
,
but
now
we
are
come
to
have
it
done
without
so
much
as
a
Tryal
to
get
a
Divorce
in
the
Ecclesiastical
Courts
,
to
have
all
passed
at
once
in
a
Summary
way
,
it
will
be
but
to
Petition
the
Parliament
,
and
all
shall
be
determined
without
a
possibility
of
being
reheard
.
I
know
nothing
can
be
said
on
the
other
side
with
good
reason
(
unless
that
which
I
heard
in
another
place
)
why
they
should
not
go
to
the
Ecclesiastical
Court
,
which
is
that
those
Courts
cannot
Divorce
a
Vinculo
Matrimony
,
therefore
it
would
have
been
a
vain
thing
;
this
may
be
a
good
Reason
for
them
to
come
to
you
afterwards
,
but
't
is
no
Reason
for
them
to
come
here
at
first
,
unless
they
will
say
at
the
same
time
,
that
every
thing
ought
to
be
begun
in
Parliament
,
because
't
is
possible
every
thing
may
be
brought
to
the
House
of
Peers
at
last
,
will
they
say
that
all
Ejectments
ought
to
be
begun
Originally
in
the
House
of
Peers
,
because
after
the
Parties
have
been
at
great
charge
and
trouble
in
the
Courts
below
,
they
may
be
brought
thither
by
Writ
of
Error
at
the
last
.
This
would
have
been
a
good
Expedient
,
in
a
cause
lately
where
a
Deed
was
Tryed
over
and
over
,
if
the
Persons
concerned
in
so
many
Verdicts
,
had
once
thought
of
having
begun
in
Parliament
to
have
had
it
settled
,
whether
it
was
a
just
Deed
or
no
,
if
this
be
the
rule
,
it
would
be
well
it
were
known
,
and
made
to
be
the
Law
of
the
Kingdom
,
for
that
Law
will
be
always
reckoned
heard
which
is
made
in
one
Case
,
if
it
may
not
be
had
in
another
,
the
Law
of
England
does
go
throughout
,
and
if
it
be
Law
for
one
't
is
for
another
:
I
have
but
one
thing
more
to
lay
before
you
,
and
that
seems
worthy
of
your
consideration
,
besides
all
that
I
have
said
.
You
observe
the
Bill
is
General
without
Restraint
,
of
Time
and
Place
,
or
Description
,
or
Circumstances
relating
to
the
Fact
;
now
,
Sir
,
I
must
take
leave
to
acquaint
you
,
that
so
long
agoe
as
April
,
1694.
his
Grace
the
Duke
,
who
complains
of
this
matter
,
as
if
some
new
misfortune
had
befallen
him
,
having
made
former
Complaints
and
Attempts
for
obtaining
what
he
now
desires
,
did
at
last
in
April
,
1694.
not
suddenly
,
but
by
Advice
of
Council
,
with
his
Friends
about
him
,
after
a
long
time
of
agitation
come
to
Articles
with
his
Wife
the
Dutchess
,
of
which
I
crave
leave
only
to
Read
the
Preamble
.
The
Articles
are
between
his
Grace
the
Duke
of
Norfolk
,
and
the
Earl
of
Peterborough
,
and
recites
.
—
It
is
therefore
determined
by
the
Parties
,
and
agreed
as
followeth
,
and
thereupon
the
Articles
proceed
to
settle
every
thing
between
the
Duke
and
Dutchess
,
Vide
her
printed
Case
ut
infra
.
to
his
own
Satisfaction
,
and
according
to
his
own
Desire
;
His
Grace
hath
Reaped
the
benefit
of
those
Articles
,
by
having
received
a
great
Sum
of
Money
,
and
the
Dutchess
parted
with
her
Interest
in
that
great
and
Noble
Mannor
of
Sheffeild
,
his
Grace
hath
had
all
that
he
on
his
part
was
to
have
,
and
hath
Executed
abundance
of
Deeds
pursuant
to
this
agreement
:
Now
if
after
all
this
there
be
a
Prospect
of
farther
Advantage
by
another
Marriage
,
that
will
not
move
you
to
give
him
a
liberty
for
a
departure
from
so
Solemn
Agreement
,
in
what
a
Condition
are
People
that
have
Purchased
their
Peace
as
the
Dutchess
has
,
if
they
may
have
Liberty
to
go
back
beyond
this
,
for
the
Bill
has
no
stint
;
surely
all
Reconciliation
,
between
Men
and
their
Wives
,
and
all
Acts
towards
them
,
and
all
Acts
of
kindness
are
to
be
favoured
,
and
matters
of
a
Divorce
are
of
an
odious
Nature
,
and
not
to
be
Encouraged
after
such
composure
of
Differences
and
Reconciliation
.
We
have
Instances
of
some
that
have
taken
their
Wives
again
,
and
lived
Comfortably
afterwards
;
surely
it
shall
not
be
in
their
power
to
go
back
and
say
,
Pray
let
us
be
Divorced
.
't
is
contrary
to
the
use
of
all
Acts
of
Pardon
,
what
is
the
End
of
all
Acts
of
Parliament
,
of
General
Pardon
,
and
all
Statutes
of
Limitation
,
but
to
ease
People
in
such
a
Case
,
for
't
is
impossible
that
any
person
can
be
able
to
Defend
their
Actions
,
Nine
or
Ten
Years
agoe
,
they
can't
keep
their
Witnesses
alive
,
and
therefore
the
Law
hath
often
limited
a
time
,
beyond
which
Persons
shall
not
go
back
,
and
this
we
think
the
Duke
hath
done
by
Articles
,
and
surely
they
are
Conclusive
both
before
God
and
Man
.
I
shall
say
no
more
,
but
that
I
don't
apprehend
the
Nation
will
be
in
any
great
Danger
.
If
the
Duke
do
betwixt
this
and
the
next
Session
,
proceed
in
the
ordinary
Course
,
and
prepare
matters
against
another
Session
,
I
am
sure
't
is
of
Great
consequence
;
no
Man
can
deny
,
but
we
have
a
good
constitution
,
but
if
it
is
in
the
Case
of
a
particular
Person
,
to
be
broken
,
such
a
breach
in
this
Constitution
may
not
be
very
easily
recover'd
.
I
hope
this
Cause
that
is
precipitated
here
out
of
time
,
and
before
those
Preparations
were
made
,
that
have
been
in
all
others
Cases
,
shall
be
remitted
to
its
proper
place
,
where
her
Grace
will
give
the
Duke
a
Meeting
,
if
they
be
not
before
that
reconciled
.
Mr.
Dodd
.
Mr.
Speaker
.
I
desire
the
favour
of
a
word
of
the
same
side
.
These
Bills
are
not
common
,
I
think
there
are
not
above
three
Instances
to
be
found
in
the
Records
of
this
Kingdom
.
This
Bill
is
to
Dissolve
a
Marriage
after
Twenty
three
Years
continuance
,
and
that
not
upon
so
many
Days
Notice
,
as
there
have
been
Years
of
the
Marriage
,
for
to
serve
the
particular
purposes
of
one
Person
,
't
is
a
Law
after
the
s●pposed
Fact
committed
,
the
Law
should
go
first
,
and
the
Fact
follow
,
it
is
not
a
General
Law
,
for
all
the
People
of
England
,
as
such
it
would
have
another
Consideration
,
there
is
no
occasion
for
particular
Law
,
't
is
a
Bill
from
the
Lords
,
and
in
a
little
time
for
what
I
know
,
the
Lords
will
prescribe
to
it
,
there
is
not
one
of
these
Bills
for
a
Commoner
,
unless
in
my
Lord
Ross's
Case
,
who
was
of
a
Noble
Family
.
't
is
not
pretended
by
this
Bill
,
that
the
Dutchess
hath
had
any
Spurious
Issue
,
though
that
was
the
Circumstances
of
one
of
the
Bills
that
did
pass
,
and
that
was
a
Material
Circumstance
in
the
Case
,
and
that
is
not
alledged
here
.
These
Bills
are
not
to
be
made
use
off
,
but
upon
extraordinary
occasions
,
and
the
utmost
extremity
,
and
till
then
I
hope
such
Bills
shall
not
be
made
use
off
,
and
we
think
the
Proceeding
upon
this
Bill
,
in
this
Case
will
appear
much
harder
;
for
't
is
the
first
Instance
of
this
Nature
,
when
there
has
been
no
Proceeding
in
any
Court
whatsoever
,
to
convict
the
Dutchess
of
this
Offence
,
no
citation
all
this
while
in
the
Ecclesiastical
Courts
,
where
the
Dutchess
might
have
an
Opportunity
to
make
her
Defence
.
If
those
Courts
have
Jurisdiction
in
any
one
thing
,
't
is
in
Case
of
Matrimony
,
if
this
was
brought
into
those
Courts
,
the
Dutchess
would
be
allowed
to
make
her
Defence
,
not
only
by
way
of
Recrimination
,
but
Examination
of
Witnesses
;
a
Commission
might
be
had
to
Examine
Witnesses
beyond
Sea
,
if
she
had
any
Witnesses
there
,
or
in
the
Country
;
she
might
appeal
to
a
Superiour
Court
,
and
thence
to
the
Delegates
;
these
are
all
proper
Defences
that
the
Law
allows
,
that
there
may
be
no
surprize
upon
the
Party
;
and
if
injured
,
he
may
be
righted
in
another
place
;
these
Proceedings
we
think
are
necessary
to
go
before
a
Bill
of
this
Nature
,
for
then
the
Fact
would
be
plain
,
and
if
the
Dutchess
had
been
convicted
in
this
manner
,
as
to
the
Fact
we
must
not
have
opened
our
Mouths
against
it
.
By
the
same
Reason
that
a
Bill
is
brought
to
Dissolve
this
Marriage
,
in
a
little
time
you
may
have
a
Bill
to
marry
People
.
Be
it
enacted
for
such
and
such
Reasons
,
such
Persons
shall
be
married
,
this
would
be
a
much
readier
way
in
Case
of
Contracts
,
than
any
Proceedings
in
the
Ecclesiastical
Courts
.
And
though
they
may
say
the
Law
of
England
takes
notice
of
Contracts
of
Matrimony
,
as
well
as
any
other
Acts
,
that
is
,
no
Answer
;
for
the
Fact
is
,
whether
there
is
any
Contract
of
Matrimony
,
or
no
;
and
so
't
is
here
,
Whether
my
Lady
is
guilty
of
the
Crimes
charged
here
in
the
Bill
,
and
for
this
she
ought
to
have
a
proper
Tryal
,
and
ought
to
be
called
to
an
Account
in
the
ordinary
Methods
of
Law
,
and
then
it
might
be
proper
to
carry
the
Sentence
farther
than
those
Courts
can
.
I
hope
you
will
be
very
tender
of
making
a
new
precedent
,
and
I
do
not
know
of
any
Bill
before
this
to
convict
a
Woman
of
a
supposed
Crime
;
then
this
is
the
first
Bill
of
this
Nature
,
and
you
will
consider
,
whether
you
will
make
a
precedent
of
it
(
or
no
)
though
this
before
you
is
the
Case
of
a
Great
and
Honourable
Person
,
yet
your
Justice
will
be
the
same
,
if
it
should
happen
that
any
other
Man
in
the
Kingdom
should
be
in
the
same
Circumstances
,
and
willing
to
slip
over
all
Tryals
,
whereby
the
Person
accused
might
have
an
opportunity
of
making
her
just
Defence
,
as
is
the
Case
of
this
Noble
Lady
,
who
is
hurried
on
after
twenty
three
years
Marriage
to
a
Determination
,
in
as
many
Days
in
this
extraordinary
manner
.
I
hope
therefore
you
will
not
proceed
in
a
Bill
of
this
extraordinary
Nature
,
of
which
there
is
not
one
instance
to
be
given
,
where
you
have
begun
to
examine
a
supposed
Crime
,
but
you
have
always
left
it
to
the
Determination
of
the
Law
in
the
ordinary
Course
,
and
we
think
it
ought
the
rather
to
be
so
in
this
Case
,
because
't
is
not
pretended
by
the
Bill
,
that
there
is
any
stop
put
to
their
proceedings
there
;
there
is
no
absence
of
Witnesses
,
no
incapacity
,
but
his
Grace
may
proceed
there
to
convict
this
Lady
of
the
Crime
he
supposes
her
guilty
of
,
and
she
will
there
have
her
just
Defence
,
and
till
then
there
is
no
Crime
for
you
to
judge
upon
;
and
I
hope
you
will
think
fit
to
Reject
this
Bill
.
Dr.
Pinfold
,
Mr.
Speaker
,
I
desire
to
speak
a
few
words
as
to
the
Ecclesiastical
Law
,
which
is
a
part
of
the
Law
of
England
,
as
much
as
any
other
,
for
our
Law
does
not
receive
Majus
&
Minus
;
and
the
Ecclesiastical
Courts
have
been
settled
for
several
Ages
,
and
are
governed
by
such
Rules
,
which
every
Subject
hath
a
Right
to
.
Sir
,
This
Bill
is
to
Dissolve
the
Bond
of
Marriage
,
and
to
give
leave
to
Marry
again
;
and
I
crave
leave
to
shew
the
House
what
our
Ecclesiastical
Constitutions
are
in
that
Case
,
and
how
tender
they
have
been
in
that
Point
,
and
how
those
Constitutions
are
grounded
upon
the
Cannons
and
Decrees
of
Councils
.
The
Cases
where
the
Bond
of
Marriage
is
to
be
dissolved
,
are
but
few
,
and
they
arise
before
Marriage
;
't
is
in
the
case
of
the
Precontract
,
or
Nonage
,
or
Consanguinity
,
and
there
the
Bond
is
broken
by
the
Sentence
of
the
Judge
,
and
the
Person
hath
liberty
to
Marry
again
;
but
for
what
comes
afterwards
,
whether
it
be
the
Case
of
Adultery
,
or
any
thing
else
,
the
Law
Ecclesiastical
,
which
as
I
said
before
,
is
part
of
the
Law
of
England
,
hath
been
very
careful
not
to
Dissolve
the
Marriage
.
The
48th
Canon
says
,
If
any
Lay-man
shall
put
away
his
Wife
,
and
marry
another
,
he
shall
be
excommunicated
;
That
was
the
Sense
of
those
early
Days
,
and
sure
they
did
not
think
it
an
indifferent
matter
,
because
they
punished
it
with
so
heavy
a
Punishment
.
So
it
was
in
the
Council
of
Arles
,
314.
and
there
it
was
decreed
,
that
if
a
Man
took
his
Wife
in
Adultery
,
he
should
be
forbidden
to
Marry
:
There
,
what
was
to
be
done
?
Counsel
should
be
given
him
not
to
Marry
while
she
lived
,
though
she
was
an
Adultress
.
And
in
the
Council
,
402.
the
Neapolitan
,
Evangelical
,
Apostolical
Council
,
it
was
decreed
,
That
if
a
Man
was
divorced
from
his
Wife
,
or
a
Wife
from
her
Husband
,
there
they
were
not
to
Marry
,
but
should
remain
unmarried
,
or
be
reconciled
.
And
in
the
African
Council
,
Canon
102.
there
it
was
provided
,
That
they
who
were
divorced
,
whether
it
was
a
Husband
from
his
Wife
,
or
Wife
from
her
Husband
,
they
should
remain
unmarried
.
This
was
the
Sence
of
the
Ancient
Canons
and
Councils
,
and
this
is
received
into
our
Ecclesiastical
Constitution
.
In
the
15.
Year
of
the
Reign
of
Queen
Elizabeth
,
in
the
Chapter
of
Divorces
,
't
is
said
,
That
upon
a
Sentence
of
Divorce
,
there
must
be
an
Admonition
,
and
a
Prohibition
,
that
the
Party
shall
not
Marry
again
.
And
in
the
Year
1602.
in
the
beginning
of
King
James's
Reign
,
there
was
a
farther
Provision
made
to
keep
them
from
being
married
again
,
and
that
was
this
,
That
they
should
give
Bond
and
Security
they
should
not
Marry
again
,
this
is
certainly
our
Ecclesiastical
Constitution
,
and
grounded
on
the
Sense
of
the
Ancient
Canons
.
Now
it
remains
to
shew
some
Advantage
this
would
have
had
,
if
she
had
had
the
Tryal
,
which
of
common
Right
is
due
to
the
meanest
Subject
,
she
would
have
had
the
advantage
of
Challenges
,
which
she
can't
have
here
,
for
here
the
Evidence
must
drop
from
the
Witnesses
Mouths
,
who
are
Foreigners
,
and
have
been
long
absent
;
there
they
must
give
an
Account
of
themselves
,
which
here
hath
not
been
done
by
any
body
.
This
Lady
might
have
given
her
Exceptions
to
those
Witnesses
,
and
had
a
Commission
into
Holland
,
to
have
examined
how
these
Witnesses
have
behaved
themselves
,
and
whether
these
Persons
were
to
be
believed
and
credited
;
here
she
would
likewise
have
liberty
to
give
an
Account
how
this
Design
began
.
I
do
now
speak
with
respect
to
the
Duke
,
but
I
do
say
it
does
seem
to
have
began
a
year
and
a
half
ago
.
She
would
likewise
have
had
the
advantage
of
a
thorough
Reconciliation
;
and
here
are
some
Deeds
in
(
94.
)
between
the
Duke
and
the
Dutchess
,
which
I
hope
,
if
the
House
will
take
an
account
of
,
will
have
its
due
effect
;
she
would
likewise
have
had
the
advantage
of
an
Appeal
,
the
common
Right
of
the
Subject
,
and
grounded
upon
good
Reason
;
and
in
case
there
hath
been
a
neglect
in
the
first
Instances
,
the
Party
may
be
righted
in
another
place
.
By
this
Bill
she
is
debarr'd
of
the
advantage
of
Recrimination
,
to
which
she
hath
a
Right
,
for
the
Text
Law
is
—
And
the
Text
Law
,
de
Divortiis
,
is
the
same
,
were
the
Charge
most
true
,
which
we
do
not
admit
;
yet
if
she
can
prove
the
same
thing
against
her
Husband
,
the
fault
of
one
must
be
set
against
the
fault
of
another
,
and
he
can't
have
the
advantage
of
his
Prayer
.
I
shall
repeat
only
one
thing
more
,
and
that
is
the
Case
quoted
already
of
the
Earl
of
Macclesfield
,
but
in
that
Case
the
Lady
withdrew
her self
five
or
six
days
before
Sentence
;
yet
there
the
Lady
Macclesfield
had
all
her
Defences
,
and
even
her
Recriminations
,
and
had
a
time
to
prove
it
;
there
was
Publication
,
and
a
day
set
down
for
Sentence
,
but
she
spun
out
the
time
till
the
Parliament
was
ready
to
rise
,
and
then
my
Lord's
Friends
advised
him
to
begin
in
Parliament
;
and
when
the
Lords
were
acquainted
of
my
Lady
Macclesfield's
standing
in
contempt
of
the
Court
,
and
she
was
prosecuted
so
far
,
that
she
was
almost
ready
to
go
to
Prison
for
her
Contempt
,
then
the
House
of
Lords
did
think
fit
to
receive
my
Lord
Macclesfield's
Bill
,
and
not
before
;
but
before
my
Lord
Macclesfield
brought
his
Bill
in
Parliament
,
there
was
nothing
remained
to
be
done
in
the
Ecclesiastical
Courts
,
but
Sentence
.
And
I
hope
for
all
these
Reasons
you
will
not
proceed
upon
this
Bill
.
Mr.
Serg
.
Wright
.
Mr.
Speaker
,
I
am
of
Councel
for
the
Duke
of
Norfolk
,
who
is
your
Suppliant
for
this
Bill
,
for
redress
against
the
highest
Injury
that
can
be
offered
;
the
Rights
of
his
Marriage
Bed
have
been
Invaded
,
and
he
comes
for
that
Relief
here
,
which
no
other
Court
can
afford
him
;
for
the
Learned
Doctor
on
the
otherside
,
tells
you
plainly
from
the
Canon
Law
,
that
there
can
be
no
Divorce
;
a
Vinculo
Matrimoni
in
their
Courts
,
now
to
send
us
to
a
Court
for
Relief
,
that
they
tell
us
before
hand
can
give
us
none
,
is
in
effect
to
tell
us
we
shall
have
none
at
all
.
The
Bill
is
founded
upon
the
Suggestions
contained
in
the
first
Three
or
Four
lines
in
the
Bill
,
that
the
Dutchess
of
Norfolk
,
hath
for
divers
Years
lived
in
Separation
from
the
Duke
her
Husband
,
and
hath
had
unlawful
Familiarity
,
and
Adultrous
Conversation
with
Sir
John
Germain
,
and
is
Guilty
of
Adultery
on
her
part
,
and
hath
broken
the
Bond
of
Matrimony
;
these
are
the
Reasons
for
which
the
Duke
desires
this
Bill
may
pass
;
't
is
for
the
Adulterous
Conversation
of
the
Dutchess
,
not
for
one
single
Act
,
but
a
continual
Series
of
the
like
Acts
for
many
Years
;
for
we
shall
not
give
only
one
single
Act
or
Instance
in
Evidence
,
but
prove
this
Conversation
for
several
Years
,
beginning
in
Eighty
Seven
,
and
carry'd
on
to
the
latter
end
of
Ninety
Five
.
It
hath
been
objected
that
this
is
the
first
Instance
,
of
a
Divorce
,
the
first
Bill
of
this
kind
,
where
there
has
been
no
Proceedings
in
the
Spiritual
Court
;
that
't
is
the
first
Bill
of
this
kind
,
we
deny
,
but
that
there
have
been
no
Proceedings
in
the
Spiritual
Court
we
own
,
for
the
Earl
of
Macclesfield's
,
was
the
same
to
all
intents
and
purposes
,
as
this
is
;
for
though
't
is
true
,
they
had
been
in
the
Spiritual
Court
,
yet
't
is
as
true
,
they
came
here
into
Parliament
,
before
any
Sentence
in
the
Spiritual
Court
;
now
to
what
Purpose
is
it
to
go
into
the
Spiritual
Court
,
and
not
to
stay
for
the
Determination
of
that
Court
;
if
the
Judgment
of
that
Court
is
to
have
any
weight
,
in
the
Case
of
the
Earl
of
Macclesfield
,
't
is
true
,
they
had
been
there
and
Examined
Witnesses
on
one
side
,
with
all
precipitation
,
yet
would
they
not
stay
for
a
Sentence
there
,
but
quitted
their
own
Proceedings
,
and
came
to
the
Parliament
,
now
I
do
take
it
that
they
had
better
never
been
there
,
than
to
have
come
away
before
Sentence
,
for
when
they
were
in
the
Spiritual
Court
,
and
were
proceeding
there
,
to
leave
that
Court
,
shewed
rather
a
mistrust
of
their
own
Case
.
But
it
was
no
objection
in
that
Case
,
that
it
was
taking
it
away
from
the
Jurisdiction
of
the
Spiritual
Court
.
We
don't
come
to
you
for
any
thing
the
Spiritual
Court
can
grant
us
,
for
that
Court
goes
no
farther
if
the
Fact
be
proved
,
then
to
make
a
Separation
à
mensâ
&
thoro
but
the
bonds
of
Marriage
is
to
be
continued
still
;
now
with
Submission
,
this
is
to
punish
the
Innocent
,
instead
of
the
Guilty
;
what
would
the
Dutchess
desire
more
,
than
to
be
separated
from
the
Bed
and
Board
of
her
Husband
,
to
be
left
free
to
accompany
Sr.
John
Germain
,
but
we
go
further
,
for
we
come
to
the
Parliament
to
Dissolve
this
Marriage
,
for
that
which
is
allowed
by
several
Learned
Writers
,
to
be
a
Justifiable
Reason
for
so
doing
,
for
Adultery
committed
by
the
Wife
,
't
is
Expresly
that
a
Man
shall
not
put
away
his
Wife
,
except
in
Case
of
Fornication
,
this
Text
plainly
allows
,
that
in
Case
of
Fornication
,
a
Man
might
put
away
his
Wife
,
but
the
Popish
Canons
the
Doctor
has
named
,
have
put
a
construction
upon
it
,
say
they
,
you
shall
put
her
away
,
but
how
?
She
shall
be
removed
from
your
Bed
and
Table
,
but
you
shall
not
Marry
another
.
Then
they
say
,
there
is
no
precedent
of
a
Bill
of
this
kind
,
but
there
hath
been
a
previous
prosecution
in
the
Spiritual
Courts
;
I
agree
the
Marquess
of
Northampton's
Case
,
that
that
Act
does
recite
the
proceedings
in
the
Spiritual
Court
,
But
that
Case
is
stronger
than
this
,
for
there
the
Marquess
of
Northampton
had
Married
even
in
the
Teeth
of
their
Canon
Law
,
and
comes
afterwards
an
Act
of
Parliament
to
make
this
Marriage
good
,
and
there
the
Divorce
was
no
ingredient
upon
the
passing
of
the
Bill
:
But
the
Parliament
Enacted
the
Marriage
to
be
Lawful
.
In
my
Lord
Ross's
Case
,
there
is
no
mention
of
any
Divorce
.
I
Appeal
to
the
Journals
of
your
own
House
,
for
that
;
but
notwithstanding
the
Divorce
,
the
whole
matter
was
examined
over
again
,
Witnesses
were
examined
both
in
the
House
of
Lords
,
and
here
upon
the
first
Bill
which
was
brought
,
which
was
to
Illegitimate
,
and
Bastardize
the
Children
,
and
the
Witnesses
proved
,
that
my
Lord
Ross
and
his
Lady
,
had
not
laid
together
for
a
long
time
,
and
that
she
had
kept
Company
with
others
,
so
that
the
Parliament
did
not
found
the
Bill
upon
what
had
been
done
upon
the
Divorce
.
I
appeal
to
your
own
memory
,
that
in
the
Earl
of
Macclesfield's
Case
,
there
was
no
use
at
all
on
that
side
,
the
Bill
was
brought
,
that
there
had
been
proceedings
in
the
Spiritual
Court
,
nor
is
any
such
thing
recited
in
the
Bill
,
but
only
an
Express
down
right
charge
of
Adultery
;
nor
was
it
proper
for
them
to
have
mentioned
any
proceedings
in
the
Spiritual
Court
,
since
they
waved
that
Prosecution
,
but
we
on
the
other
side
insisted
on
it
,
as
a
Reason
why
the
Parliament
should
not
proceed
in
it
,
it
being
to
take
upon
them
an
Original
Jurisdiction
,
but
we
were
then
answered
by
a
Learned
Gentleman
against
this
Bill
,
that
it
was
in
vain
to
go
there
,
for
they
could
not
give
the
Remedy
that
might
reasonably
be
expected
.
I
beg
the
favour
to
mention
a
Case
or
two
,
where
Divorces
have
been
in
Parliament
,
and
there
have
been
no
Proceedings
in
the
Spiritual
Court
,
one
of
them
was
the
Case
of
Mrs.
Knight
,
who
was
Married
infra
annos
Nubiles
,
to
Mr.
Goodwin
.
Every
one
knows
that
a
Marriage
,
infra
annos
Nubiles
is
a
good
Marriage
,
and
if
the
Woman
be
above
Nine
years
Old
,
she
shall
be
Endowed
,
and
yet
notwithstanding
,
for
some
Irregular
proceedings
with
out
going
into
the
Spiritual
Court
,
they
came
into
Parliament
,
and
a
Bill
was
passed
by
which
this
Marriage
was
dissolved
,
and
I
think
't
is
expresly
Enacted
,
That
she
shall
not
Marry
till
such
an
Age
.
This
goes
farther
,
for
here
I
am
sure
the
Doctor
would
have
complained
,
and
told
you
,
if
there
had
been
Reason
to
dissolve
the
Marriage
,
they
could
have
done
as
great
a
Feat
in
the
Spiritual
Court
,
that
they
could
have
Examined
Witnesses
upon
Oath
,
and
could
have
told
you
whether
there
was
proper
Evidence
,
yet
the
Parliament
without
any
regard
to
what
they
could
do
,
would
assert
their
own
Jurisdiction
.
The
Case
of
Mr.
Wharton
was
mentioned
on
the
other
side
,
and
therefore
I
need
not
say
any
thing
to
it
.
There
was
nothing
of
Divorce
nor
needed
any
.
They
say
,
this
Bill
begins
where
it
is
proper
for
matters
of
this
nature
to
end
,
and
that
after
we
have
taken
a
turn
into
the
Spiritual
Court
,
and
travelled
Three
or
Four
Years
there
,
then
it
will
be
fit
for
the
Judgment
of
Parliament
.
I
would
know
if
they
had
been
Seven
Years
in
that
Court
(
and
perhaps
if
we
come
there
,
we
shall
not
get
out
sooner
)
to
what
use
the
Examination
of
that
Court
would
be
.
This
House
I
presume
,
would
not
let
those
Despositions
be
Read
here
,
Especially
if
the
Witnesses
to
these
Facts
were
Living
.
They
say
this
is
a
very
Summary
way
of
Proceeding
,
it
may
be
to
quick
for
the
Dutchess
,
but
you
may
be
pleas'd
to
consider
,
that
there
was
a
Bill
brought
into
the
other
House
some
years
ago
and
rejected
;
upon
what
terms
that
will
rest
upon
us
,
to
shew
you
by
and
by
.
But
the
matter
was
,
the
Witnesses
that
proved
the
Fact
,
were
sent
out
of
the
way
by
the
Dutchess
,
and
Sir
John
Jermain
,
when
things
were
under
an
Examination
,
and
we
hope
a
matter
of
this
Nature
never
shall
not
be
baffled
by
keeping
the
Evidence
out
of
the
way
.
We
told
them
long
ago
,
who
the
Witnesses
were
,
they
were
the
Dutchess's
Servants
,
such
as
they
thought
fit
to
intrust
.
They
say
this
Bill
deprives
the
Dutchess
of
her
Tryal
,
I
hope
no
Body
thinks
the
Parliament
will
pass
a
Bill
,
without
due
examination
of
Witnesses
,
and
Legal
proof
of
the
Fact
,
if
so
,
what
matter
is
it
,
whether
the
Proof
be
made
before
the
Parliament
,
or
some
Inferiour
Court
,
if
the
Dutchess
be
guilty
of
this
Crime
,
we
come
here
for
a
Relief
,
which
the
Spiritual
Court
,
the
Doctors
tell
you
can't
give
us
,
since
the
Dutchess
hath
broke
the
Bond
of
Mattrimony
,
we
come
to
you
to
Disolve
that
Marriage
,
and
I
hope
we
shall
have
it
.
The
Doctor
hath
insisted
on
one
thing
that
I
think
is
very
extraordinary
,
He
tells
you
by
the
Rules
of
their
Law
,
if
the
Woman
can
Reimminate
,
and
prove
her
Husband
guilty
,
in
such
a
Case
,
they
must
set
the
fault
of
one
,
against
the
fault
of
the
other
.
I
wish
the
Doctor
could
have
told
you
the
offence
had
been
Equal
,
that
the
Injury
to
Families
had
been
Equal
,
a
Man
by
his
Folly
of
this
kind
,
brings
no
spurious
Issue
to
Inherit
the
Lands
of
his
Wife
,
but
the
Woman
deprives
her
Husband
of
any
ligitimate
Issue
,
for
when
she
converses
in
this
Manner
with
another
Man
,
the
Issue
may
be
equally
lookt
upon
to
be
that
Man's
if
not
more
,
and
this
Lady
hath
kept
this
Conversation
ever
since
the
Year
Sixeeen
Hundred
Eighty
Seven
,
and
left
the
Duke
.
One
thing
is
farther
Objected
,
and
they
Insist
upon
certain
Articles
of
Agreement
in
Ninety
Four
,
and
they
Read
to
you
the
Preamble
of
them
,
why
Sir
,
the
Articles
if
they
come
to
be
read
through
,
I
am
sure
it
wont
amount
to
what
they
pretend
,
it
does
not
amount
to
this
,
that
the
Dutchess
might
use
her
Body
as
she
pleased
,
there
is
no
Agreement
that
she
should
live
after
her
own
pleasure
,
Indeed
she
was
to
have
the
use
of
her
Houshold
Goods
,
and
Servants
,
and
Live
where
she
pleased
,
but
that
will
not
justifie
her
in
her
way
of
Living
.
Then
to
tell
you
,
these
are
matters
of
a
long
standing
,
they
are
so
,
and
of
a
long
continuance
,
for
if
my
instructions
prove
true
,
we
shall
prove
this
Scene
of
Adultry
for
matter
of
Eight
Years
Successively
,
and
that
by
Servants
that
were
privy
to
the
Intregues
,
who
were
sent
away
to
Holland
,
but
no
sooner
was
the
Bill
bafled
,
but
the
Man
was
sent
for
again
,
and
the
same
Conversation
continued
that
was
between
the
Dutchess
and
Sir
John
Germain
before
he
left
England
.
The
same
was
continued
after
he
came
back
to
his
Service
in
(
1691
)
.
only
they
were
something
more
cautious
,
and
People
were
not
admitted
so
familiarly
,
to
see
them
in
Bed
together
in
(
1692.
)
and
so
it
continued
till
1695.
They
mentioned
the
Statute
of
Limitations
,
which
was
to
put
an
end
to
frivilous
and
vexatious
Actions
;
but
how
they
can
apply
it
to
this
Case
,
I
can't
see
,
because
a
Man
shall
not
bring
frivilous
and
vexatious
Actions
after
a
long
distance
of
time
,
therefore
a
Man
shall
not
complain
when
he
hath
received
the
greatest
Injury
that
can
be
done
to
Mankind
.
Sir
,
They
are
kind
to
us
again
,
in
recommending
it
to
the
Duke
,
to
go
into
the
Spiritual
Court
,
till
next
Sessions
,
but
we
think
we
are
in
a
proper
Method
here
,
for
that
Relief
which
the
Spiritual
Court
cannot
grant
;
and
since
we
have
so
good
Reason
to
come
here
,
if
we
prove
the
Fact
,
I
hope
this
High
Court
will
not
send
away
a
Complaint
of
this
nature
,
without
such
Relief
as
is
sutable
.
Mr.
Northey
,
Sir
,
I
am
of
the
same
side
,
I
would
beg
leave
to
say
this
,
as
to
what
the
Council
have
said
in
relation
to
the
Evidence
,
That
there
were
three
Witnesses
examined
upon
Oath
,
in
the
House
of
Peers
,
before
the
Bill
did
pass
there
,
and
I
believe
they
are
aware
of
that
,
and
that
when
you
hear
our
Witnesses
,
there
will
be
no
Answer
to
be
given
on
their
side
;
and
indeed
the
Witnesses
they
brought
,
were
so
far
from
contradicting
our
Witnesses
,
that
they
did
really
confirm
them
.
But
that
is
not
the
Case
now
,
what
our
Evidence
is
,
or
whether
it
be
fit
for
you
to
believe
them
,
that
will
be
when
you
have
heard
them
,
and
for
the
matter
of
the
time
,
that
you
can't
take
notice
of
neither
,
till
you
hear
our
Evidence
.
But
this
I
may
say
,
we
shall
bring
a
Man
that
will
speak
to
within
four
or
five
Years
.
But
the
matter
they
apply
themselves
to
,
which
is
material
,
is
,
Whether
it
is
proper
for
you
to
proceed
upon
this
Bill
,
that
is
,
to
give
such
a
Relief
as
we
desire
by
dissolving
this
Marriage
.
And
in
the
next
place
,
Whether
this
be
a
proper
time
to
ask
this
Favour
.
For
the
first
,
the
Learned
Doctor
tells
you
,
't
is
not
proper
at
any
time
to
do
it
,
for
he
would
have
the
Canon-Law
govern
here
,
as
it
does
in
their
Courts
.
But
the
Council
on
the
other
side
,
have
cited
you
several
Precedents
where
it
hath
been
done
.
In
the
Case
of
the
Marquess
of
Northampton
,
the
Second
Marriage
was
contrary
to
the
Canon-Law
,
and
yet
that
Marriage
was
confirmed
according
to
God's
Law
.
And
this
Bill
is
to
relieve
against
the
Canon-Law
.
Now
,
whether
we
are
here
in
a
proper
time
,
Sir
Thomas
Powys
has
said
a
great
many
things
,
which
may
be
proper
to
many
other
purposes
.
One
Argument
was
,
because
the
Witnesses
can't
be
upon
Oath
,
but
that
we
know
will
not
prevail
in
in
this
place
.
In
the
next
place
they
except
,
because
this
Proceeding
is
in
a
Summary
way
.
I
would
know
of
them
,
Whether
there
is
not
the
same
Objection
to
all
Proceedings
before
a
Jury
,
That
they
have
no
notice
what
Witnesses
will
be
produced
.
Then
in
the
next
place
they
bring
a
great
Argument
from
the
Recital
of
some
of
these
Bills
,
That
there
have
been
before
a
Sentence
in
the
Ecclesiastical
Courts
.
Now
,
't
is
true
,
they
have
been
so
in
some
of
those
Cases
;
but
I
beg
leave
to
observe
,
That
in
the
Case
of
the
Marquess
of
Northampton
,
the
Bill
was
not
to
confirm
the
Sentence
,
or
to
enable
them
to
Marry
,
but
to
deliver
them
out
of
the
hands
of
the
Ecclesiastical
Courts
,
who
said
it
was
not
Lawful
in
that
Case
to
Marry
,
for
they
were
married
before
.
I
beg
leave
to
say
,
That
in
the
Case
of
my
Lord
Macclesfield
,
there
was
no
notice
in
the
Bill
that
came
down
to
you
,
of
any
Proceedings
in
the
Ecclesiastical
Courts
.
And
I
take
this
to
be
the
Reason
,
because
there
was
no
Sentence
,
though
where
there
was
a
Sentence
,
they
had
good
reason
to
take
notice
of
it
.
And
I
think
there
is
as
much
certainty
,
and
as
good
ground
to
proceed
on
this
Bill
,
as
in
the
other
Case
,
for
the
Witnesses
have
been
already
examined
in
the
House
of
Lords
.
In
the
Case
of
my
Lord
Ross
,
there
was
no
regard
to
the
Determination
of
the
Ecclesiastical
Courts
,
as
a
Guide
to
the
Parliament
;
and
it
was
looked
upon
as
of
no
consequence
,
for
the
Witnesses
were
examined
again
.
't
is
true
,
when
we
came
before
you
without
such
a
Proceeding
,
we
came
under
this
disadvantage
,
you
will
be
sure
to
expect
a
plainer
and
fuller
Proof
,
but
for
that
we
will
undertake
to
make
the
Fact
so
plain
,
that
they
can't
give
the
least
pretence
of
Answer
to
it
.
We
are
here
asking
that
,
we
can't
have
any
where
else
.
Their
great
Design
is
delay
,
and
that
we
have
learnt
from
the
Civilian
,
who
tells
you
their
Methods
are
very
grave
and
deliberate
,
and
that
they
may
have
a
Commission
to
examine
Witnesses
beyond
Sea
,
and
that
is
to
enquire
how
their
own
Servants
have
lived
beyond
Sea
.
As
to
what
Sir
Thomas
Powys
would
have
,
that
is
,
that
we
should
go
into
the
Spiritual
Court
,
and
apply
our selves
again
here
next
Sessions
:
I
do
not
think
the
Legislature
will
send
us
back
to
ask
that
in
the
Spiritual
Court
,
which
both
have
submitted
to
;
for
after
the
Duke
had
miscarried
in
the
Relief
he
sought
by
another
Bill
,
by
the
Dutchess's
sending
the
Witnesses
out
of
the
way
.
Why
,
truly
,
after
that
,
to
prevent
any
Prosecution
in
the
Spiritual
Court
,
the
Dutchess
submitted
to
a
Separation
by
Articles
,
and
that
was
all
the
Duke
could
have
pretended
to
by
the
Ecclesiastical
Law
;
we
follow
her
upon
that
,
and
come
to
enforce
that
Separation
.
And
to
make
it
effectual
,
and
for
that
which
we
humbly
hope
will
be
thought
but
Justice
to
the
Duke
,
that
is
,
to
be
delivered
from
this
Wise
,
and
to
have
liberty
to
marry
again
;
we
think
there
is
no
occasion
for
delay
,
and
that
no
body
can
be
hurt
by
a
Precedent
that
carries
Relief
in
this
nature
,
and
deliver
us
from
a
Law
which
in
the
days
of
Popery
was
put
upon
us
.
Upon
the
whole
Matter
,
I
hope
you
will
think
that
we
are
here
very
properly
for
Relief
,
and
that
we
shall
have
the
favour
to
call
our
Witnesses
.
Dr.
Oldish
,
Sir
,
The
great
Objection
against
the
passing
of
this
Bill
,
was
,
because
Witnesses
had
not
been
examined
in
the
proper
Court
.
't
is
very
true
,
generally
speaking
in
Cases
it
ought
to
be
so
,
but
here
is
a
very
great
Exception
to
that
Rule
,
and
which
I
think
can't
admit
of
an
Answer
,
and
that
is
the
notoriety
of
the
Fact
,
and
in
that
Case
they
begin
with
Execution
.
And
if
that
be
so
,
I
think
there
never
was
a
clearer
Demonstration
in
the
World
,
for
when
formerly
the
Dutchess
came
to
give
in
her
Answer
in
the
House
of
Lords
,
to
the
Charge
against
her
,
she
did
declare
,
That
in
the
Year
83.
or
thereabouts
,
she
went
out
of
England
,
and
tarried
three
Years
,
and
returned
about
the
time
of
the
Revolution
.
And
it
does
plainly
appear
there
beyond
all
question
,
That
she
was
at
Lambeth
,
and
went
under
the
Name
of
the
Lady
Beckman
,
and
was
attended
by
one
Kemer
,
who
went
then
by
the
Name
of
Goodman
.
Besides
this
,
there
are
Witnesses
that
speak
to
particular
Facts
.
Now
,
I
say
,
here
is
that
which
amounts
to
Demonstration
,
and
where
there
is
a
Notoriety
of
Fact
,
that
is
,
an
Exception
out
of
the
General
Rule
,
and
't
is
proper
to
begin
with
Execution
.
There
is
an
Exception
to
the
General
Councils
and
Canons
that
have
been
mentioned
,
That
there
shall
not
be
a
Divorce
,
à
Vinculo
.
Sir
,
I
say
,
it
was
an
Ecclesiastical
Constitution
,
which
was
against
the
Law
of
God
,
and
t
is
demonstrably
so
,
for
where
our
Saviour
says
,
That
a
Man
shall
not
put
away
his
Wife
,
except
in
Case
of
Fornication
;
it
is
plain
,
that
in
Case
of
Fornication
he
may
.
There
is
another
thing
insisted
on
;
and
that
is
,
that
there
was
a
Reconciliation
between
the
Duke
and
his
Dutchess
.
't
is
true
,
a
Reconciliation
should
drown
all
things
before
that
time
,
but
when
the
Law
takes
notice
in
Case
of
a
Relapse
,
that
does
recrudescere
,
it
rubs
upon
the
old
Sore
;
and
then
that
which
was
before
laid
a
sleep
is
brought
again
upon
the
Stage
,
and
will
return
with
greater
Vengeance
.
And
we
have
plain
Proof
of
her
living
in
the
same
manner
since
,
as
before
.
But
they
would
insinuate
to
you
that
in
case
there
was
a
Tryal
in
the
Ecclesiastical
Court
,
there
might
be
a
Recrimination
,
but
there
must
be
a
Compensation
,
which
can't
be
thought
in
this
Case
;
for
I
think
in
this
Case
,
under
favour
,
there
is
no
Comparison
.
I
don
't
think
they
are
Paria
,
for
't
is
impossible
for
the
Husband
to
do
that
Injury
as
the
Wife
may
,
for
she
may
bring
a
Bastard
into
the
Family
,
and
then
the
Estate
does
not
go
according
to
the
Law
of
God
and
Nature
,
for
every
body
desires
his
own
Blood
should
succeed
him
.
Sir
Tho
.
Powys
,
Sir
,
I
shall
say
but
very
little
.
But
Three
or
Four
things
have
been
mentioned
on
the
other
side
;
which
they
offer
as
if
they
conceived
them
to
have
great
Weight
,
and
yet
they
seem
to
me
as
very
capable
of
being
answer'd
;
and
I
crave
your
favour
to
do
it
.
They
have
gone
much
upon
the
Proofs
,
that
they
are
ready
to
make
,
and
I
think
not
very
properly
,
because
we
speak
against
their
proceeding
upon
this
Bill
;
but
I
am
sure
it
turns
upon
them
,
for
according
to
their
own
shewing
,
they
are
very
well
prepared
to
proceed
in
a
Regular
Course
,
for
they
have
their
Witnesses
ready
,
and
nothing
does
obstruct
them
.
Mr.
Serg
.
Wright
mentioned
a
thing
,
which
I
must
confess
,
I
was
surprised
in
;
for
when
I
told
him
he
could
not
find
any
Precedent
of
such
a
Bill
as
this
,
without
a
previous
proceeding
in
the
Spiritual
Court
;
Mr.
Serg
.
Wright
said
it
was
quite
otherwise
;
and
to
shew
you
it
was
so
,
he
cited
Two
Cases
,
Where
there
was
no
Marriage
;
now
I
always
understood
,
a
Divorce
must
be
in
any
Case
where
there
was
a
Marriage
,
for
the
Case
of
Mr.
Knights
,
that
was
very
lately
;
That
was
the
Case
of
an
Infant
,
who
they
pretended
to
have
Married
,
infra
Annos
nubiles
,
and
therefore
says
he
,
the
declaring
of
that
Marriage
to
be
be
Null
and
Void
by
Act
of
Parliament
,
was
a
Divorce
.
The
other
,
was
he
Case
of
Mrs.
Wharton
,
which
was
no
Marriage
neither
,
for
Marriage
must
be
by
consent
,
and
that
was
a
Force
;
and
that
he
fancies
to
be
a
Case
,
where
there
was
a
Divorce
too
,
without
proceeding
in
the
Spiritual
Court
,
and
yet
of
his
own
Shewing
it
was
no
Marriage
.
Another
thing
I
am
much
more
surprised
at
,
we
insisted
,
that
they
would
not
shew
an
Act
for
making
a
Divorce
,
without
giving
the
party
an
Opportunity
to
make
a
Defence
,
and
the
Doctor
says
in
Common
Cases
it
ought
to
be
so
;
and
they
cited
the
Case
of
the
Earl
of
Macclesfield
we
first
mentioned
,
and
the
Doctor
told
you
the
progress
it
had
,
and
that
there
was
a
full
and
regular
proceeding
,
of
great
length
of
time
;
and
that
my
Lady
Macclesfield
had
all
her
Witnesses
examined
,
and
my
Lord
prosecuted
her
to
an
excommunication
,
which
is
in
effect
a
Sentence
,
for
it
is
in
our
Law
,
as
in
Case
of
Outlawry
;
This
he
calls
a
Precedent
wherein
they
proceeded
to
get
an
Act
of
Parliament
,
without
a
previous
proceeding
in
the
Spiritual
Court
.
He
tells
you
in
the
next
place
,
that
notwithstanding
the
Divorce
in
the
Case
of
my
Lord
Ross
,
the
Parliament
did
examine
Witnesses
,
't
is
true
,
they
did
,
for
I
don't
think
they
will
so
entirely
pin
their
Faith
upon
those
proceedings
,
as
to
have
no
other
satisfaction
.
But
will
he
therefore
say
they
took
no
notice
of
it
,
when
't
is
the
foundation
and
ground
of
the
Bill
.
He
tells
you
in
the
next
place
,
that
the
Crime
does
not
seem
equal
between
the
one
and
the
other
,
and
so
in
some
sort
,
they
redicule
the
Doctors
notion
of
Recrimination
,
But
I
apprehend
the
Doctor
is
right
in
it
,
for
it
would
be
hard
if
a
man
should
Marry
a
Young
Woman
,
and
give
her
an
ill
example
in
his
own
Family
(
I
do
not
say
't
is
this
Case
)
and
bring
her
acquanted
with
loose
and
ill
Company
,
and
by
his
example
or
provocation
,
lead
her
into
the
same
Offence
;
would
that
Man
deserve
to
be
Rewarded
with
a
new
Wife
,
and
another
portion
,
because
his
first
Wife
,
had
only
followed
his
Example
.
They
say
the
Offence
is
not
equal
,
because
the
Man
brings
no
Children
into
the
Family
.
I
doubt
it
happens
oftentimes
to
them
that
go
abroad
,
that
they
bring
home
that
to
their
Wives
,
which
stick
longer
by
them
then
their
Children
.
Then
to
come
and
say
,
the
Articles
can't
be
of
any
use
to
us
at
all
;
and
to
imagine
that
we
use
the
Articles
,
so
that
the
Dutchess
might
be
at
perfect
liberty
to
live
in
Adultery
,
I
wonder
how
that
Conceit
hath
followed
him
hither
;
when
we
told
him
we
had
not
such
a
thought
as
to
live
in
Adultery
,
but
they
do
direct
her
to
live
separate
,
and
so
we
used
them
,
as
an
answer
to
that
part
;
we
used
them
likewise
as
an
Act
of
Total
oblivion
and
remission
,
of
any
thing
beyond
that
time
,
and
I
hope
to
such
purposes
,
they
shall
be
thought
Sacred
.
Now
,
I
beseech
you
,
Sir
,
on
the
whole
matter
,
have
they
on
the
other
side
,
said
one
thing
,
but
what
does
totally
tend
to
bring
all
cases
of
Adultery
immediately
before
you
?
Have
they
distinguished
this
Case
from
the
Case
of
any
other
person
?
And
then
if
they
have
not
,
I
do
not
see
from
henceforward
,
that
any
but
Fools
will
go
to
the
Ecclesiastical
Courts
for
relief
;
For
,
says
the
Serjeant
,
they
cannot
give
them
a
final
relief
,
and
enable
any
person
to
marry
again
;
and
therefore
let
no
body
think
to
go
there
again
;
but
here
is
a
relief
to
be
had
worth
a
man's
having
.
But
I
hope
,
we
shall
have
the
benefit
of
the
Law
,
as
it
is
,
till
you
think
fit
to
alter
it
;
and
then
you
will
erect
some
Judicature
,
where
people
may
have
their
trial
.
Now
therefore
the
argument
goes
too
far
,
or
it
argues
nothing
at
all
,
because
if
there
be
any
thing
in
it
,
it
goes
to
take
away
the
proceedings
of
those
Courts
totally
.
But
though
those
Courts
cannot
do
all
that
these
Gentlemen
desire
,
they
can
do
what
is
very
proper
to
be
done
.
They
can
examine
Witnesses
,
and
pronounce
Sentence
;
and
give
the
party
a
full
opportunity
of
knowing
the
Accusation
and
Accusers
;
and
then
the
Cases
we
have
mentioned
have
had
the
aid
of
an
Act
of
Parliament
.
Sir
,
We
have
spent
a
great
deal
of
your
time
already
:
I
hope
,
since
you
see
what
use
they
make
of
the
last
Precedent
of
my
Lord
Macclesfield
,
where
he
did
proceed
to
an
Excommunication
.
Now
from
thence
they
argue
,
that
you
should
proceed
originally
in
this
Case
.
When
is
the
time
to
make
a
stand
,
but
in
the
first
Case
?
And
then
no
man
can
complain
of
any
injury
:
If
you
grant
this
to
my
Lord
,
I
think
,
in
justice
,
you
cannot
deny
it
to
any
other
that
stands
in
need
of
it
.
I
believe
there
never
was
the
like
before
,
and
therefore
,
I
hope
,
you
will
put
a
stop
to
it
here
.
Mr.
Dodd
.
The
Gentlemen
on
the
other
side
have
told
you
,
that
our
Saviour
hath
said
,
That
no
man
should
put
away
his
Wife
,
except
for
fornication
.
't
is
true
,
the
Text
is
so
,
but
he
cannot
shew
you
any
Text
wherein
our
Saviour
says
,
That
the
man
may
marry
again
,
though
he
might
put
his
Wife
away
.
Another
thing
was
said
,
as
to
the
proceeding
in
the
Ecclesiastical
Courts
.
Dr.
Oldish
says
,
There
is
to
be
nothing
but
Execution
,
where
there
is
a
Notoriety
of
fact
.
And
here
the
fact
is
notorious
;
and
therefore
you
may
come
up
to
order
Execution
;
but
that
is
a
strange
Doctrine
to
our
English
Constitution
.
Would
they
hang
one
first
and
try
him
afterwards
?
that
would
make
work
.
Let
the
fact
be
never
so
notorious
,
yet
't
is
the
right
of
all
the
people
of
England
to
have
a
legal
tryal
:
and
I
hope
you
will
not
interpose
,
till
there
hath
been
a
regular
tryal
in
another
place
.
Then
Sir
Thomas
Powis
offered
to
produce
the
Articles
,
but
they
were
admitted
.
Lunae
25.
die
Martii
,
1700.
The
House
resolved
themselves
into
a
Committee
of
the
whole
House
to
consider
of
the
Duke
of
Norfolk's
Bill
.
Sir
Rowland
Gwynne
took
the
Chair
of
the
Committee
of
the
whole
House
.
And
the
Council
and
Sollicitors
were
called
in
,
and
the
Bill
read
to
them
.
And
then
Mr.
Northey
,
of
Council
with
the
Duke
,
opened
the
Evidence
thus
.
Mr.
Northey
.
I
Am
of
Council
for
the
Duke
of
Norfolk
.
I
shall
not
trouble
you
now
(
because
I
think
it
not
fit
)
to
say
any
thing
for
the
Bill
,
for
that
you
have
approved
of
by
Commitment
of
the
Bill
;
and
declared
it
to
be
a
reasonable
and
just
relief
against
the
Dutchess
for
the
Adultery
charged
in
the
Bill
.
I
shall
not
spend
any
of
your
time
in
aggravating
the
crime
of
Adultery
.
But
that
which
is
incumbent
on
his
Graces
Counsel
now
,
is
to
lay
before
you
the
proofs
of
the
fact
suggested
in
the
Bill
.
And
the
facts
to
be
proved
are
the
introduction
of
the
Bill
,
That
the
Dutchess
has
lived
for
divers
years
in
Separation
from
the
Duke
,
and
had
unlawfull
familiarity
,
and
adulterous
Conversation
with
Sir
John
Germain
;
and
for
that
fact
we
will
call
our
Witnesses
.
And
our
evidence
will
make
this
out
to
you
,
as
plain
as
't
is
possible
to
expect
a
matter
of
this
nature
to
be
proved
.
However
,
I
think
they
have
managed
things
in
that
manner
as
we
shall
be
able
to
give
as
plain
a
proof
of
these
facts
as
might
be
expected
of
those
acts
which
are
in
their
own
nature
most
publick
.
However
in
the
nature
of
the
thing
,
there
were
but
a
few
persons
to
be
entrusted
with
it
,
and
those
were
generally
Servants
who
had
attendance
on
the
Dutchesses
person
.
We
shall
produce
you
Servants
both
of
the
Dutchess
,
and
Sir
John
Germain
.
And
I
hope
it
cannot
be
an
Objection
,
That
they
are
Servants
,
for
to
object
to
them
,
for
that
reason
,
is
to
say
,
You
shall
prove
the
fact
,
but
you
shall
have
no
Witnesses
,
for
these
are
facts
that
cannot
be
proved
but
by
such
as
were
concerned
with
the
Dutchess
.
For
our
Evidence
it
will
fall
out
to
be
this
,
The
Duke
and
Dutchess
were
married
in
the
year
1677
,
and
they
lived
together
till
about
the
year
1685
:
And
then
the
Duke
having
some
account
of
her
conversation
of
this
nature
,
they
did
part
,
and
afterwards
she
came
to
live
openly
with
Sir
John
Germain
;
for
in
May
1689
,
the
Witnesses
will
give
you
an
account
,
that
for
two
Months
together
she
lodged
with
Sir
John
Germain
at
the
Cockpit
.
And
they
lived
there
as
Man
and
Wife
,
as
the
Witnesses
phrase
it
.
During
the
time
they
lived
there
,
there
was
a
near
Relation
of
Sir
John
Germain's
,
Mr.
Daniel
Germain
his
Brother
,
and
Mrs.
Briana
his
Sister
,
did
frequently
come
to
the
house
;
and
two
of
the
Witnesses
were
frequently
in
the
room
while
they
were
a-bed
together
.
After
two
Month's
time
,
the
Dutchess
thought
fit
to
be
a
little
more
private
,
and
it
was
given
out
she
was
gone
to
France
,
but
in
truth
she
removed
to
Fox-hall
to
a
house
that
was
taken
by
Sir
John
Germain's
Brother
,
and
went
by
the
name
of
my
Lady
Beckman
.
And
she
lived
there
two
years
successively
:
and
Sir
John
Germain
came
there
frequently
once
or
twice
in
a
week
,
and
lay
there
a-nights
.
During
that
time
we
have
two
Witnesses
,
that
did
attend
the
Dutchess
,
as
well
as
at
the
Cock-pit
:
one
of
them
is
Ellena
Vanesse
,
who
was
hired
by
Sir
John
Germain's
Sister
,
and
lived
with
the
Dutchess
at
the
Cock-pit
two
Months
.
We
have
a
second
Witness
,
one
Hosieur
,
who
was
with
Sir
John
Germain
at
the
Cock-pit
15
days
before
the
Dutchess
went
to
Fox-hall
;
and
afterwards
he
went
to
Fox-hall
,
when
she
removed
there
,
and
stayed
with
her
all
the
two
years
.
These
are
both
Foreigners
,
and
Dutch
people
;
and
it
was
reasonable
enough
to
expect
foreign
Witnesses
,
when
an
English
Dutchess
had
a
foreign
Gallant
.
They
are
such
as
he
thought
fit
to
entrust
about
her
.
After
she
had
lived
two
years
at
Fox-hall
(
this
brings
her
to
the
year
1691
)
she
removed
home
again
to
her
house
at
Milbank
;
and
there
Sir
John
Germain
and
she
were
frequently
together
,
and
have
been
seen
a-bed
together
.
This
brings
us
to
the
time
when
the
Duke
having
an
account
,
that
she
had
this
conversation
with
Sir
John
Germain
,
brought
a
Bill
into
the
House
of
Peers
for
a
Divorce
;
but
it
happen'd
,
that
the
Dutchess
,
and
Sir
John
Germain
,
to
avoid
the
condemnation
,
kept
the
Witnesses
out
of
the
way
;
and
afterwards
caused
them
to
be
sent
into
Holland
.
The
Woman
stayed
abroad
till
about
3
Months
ago
,
but
the
Man
returned
before
into
Sir
John
Germain's
Service
;
and
he
will
give
you
an
account
of
what
observations
he
made
there
,
for
the
familiarity
continued
between
them
then
.
He
was
admitted
into
the
room
where
they
used
to
be
;
and
he
will
give
you
an
account
,
how
he
hath
seen
them
frequently
together
.
And
he
brings
it
down
to
within
the
year
1695.
We
have
another
Witness
,
one
William
Bayley
,
who
likewise
was
a
Servant
to
Sir
John
Germain
,
and
came
into
his
place
when
Hosieur
went
beyond
Sea
.
He
is
an
unwilling
Witness
,
because
he
hath
been
preferred
by
Sir
John
Germain
;
but
when
he
was
upon
his
Oath
in
the
other
House
,
he
did
give
an
account
,
that
while
he
continued
in
Sir
John
Germain's
Service
,
notwithstanding
this
publick
reproach
in
1695
and
1696
,
she
frequently
came
to
Sir
John
Germain's
house
,
with
one
Kemer
,
whom
she
had
great
confidence
in
:
and
one
Susanna
Barrington
,
I
think
yet
in
the
Dutchesses
Service
.
And
this
Mr.
Bayley
will
give
you
an
account
,
that
his
Master
was
often
from
home
;
and
when
he
was
so
,
he
used
to
carry
his
Linnen
to
this
Kemer
,
who
was
the
Dutchesses
Servant
;
or
this
Kemer
would
come
to
him
for
it
:
and
this
will
bring
it
down
to
1696.
There
are
several
Witnesses
to
confirm
this
,
but
we
think
with
Submission
,
after
the
Dutchess
had
been
so
accused
in
the
House
of
Lords
of
such
a
familiarity
,
any
evidence
of
a
Conversation
between
them
afterwards
,
is
as
much
as
a
thousand
Witnesses
,
for
no
Woman
that
valued
her
reputation
,
having
been
accused
as
she
was
,
would
have
had
any
Conversation
with
Sir
John
Germain
afterwards
.
But
we
don't
want
circumstances
to
support
the
evidence
of
fact
.
We
have
as
plain
evidence
in
this
case
,
as
can
be
expected
in
a
case
of
this
nature
:
we
will
spend
no
more
of
your
time
,
but
beg
leave
to
call
our
Witnesses
.
Mr.
Atwood
.
Sir
Rowland
Gwynne
,
please
to
favour
me
a
few
words
on
the
same
side
;
I
shall
not
mis-spend
the
time
of
the
Committee
in
repeating
any
thing
said
by
Mr.
Northey
;
I
shall
only
observe
,
that
the
Witnesses
,
Hosieur
and
Vanesse
say
,
That
Susanna
Barrington
was
privy
to
this
adulterous
Conversation
.
And
this
Susanna
Barrington
has
withdrawn
her self
since
the
Bill
was
depending
in
the
House
of
Lords
.
't
is
further
proved
,
That
Mr.
Daniel
Germain
and
Mr.
Brian's
Wife
were
in
England
lately
,
and
that
these
were
privy
to
the
same
Conversation
.
Then
the
Witnesses
were
called
in
,
one
by
one
,
and
Interpreters
allowed
.
The
Witnesses
that
were
examined
before
the
Committee
of
the
Commons
were
Ellena
Vanesse
,
Nicholas
Hosieur
,
William
Bayley
,
and
Ann
Read
.
But
all
,
except
Ann
Read
,
were
examined
in
the
House
of
Lord's
,
and
their
evidence
there
being
at
large
set
forth
,
the
Reader
is
referred
to
the
same
.
The
evidence
of
Ann
Read
is
as
follows
.
Ann
Read
being
ask'd
,
Whether
she
had
ever
seen
the
Dutchess
go
to
Sir
John
Germain's
house
,
and
when
,
says
,
That
about
April
1692
(
which
was
soon
after
the
Duke's
Bill
had
been
rejected
in
the
House
of
Lords
)
she
saw
the
Dutchess
of
Norfolk
go
in
a
Chair
to
Sir
John's
house
,
that
the
door
was
immediately
opened
upon
her
Chair's
being
set
down
,
and
she
went
into
the
house
with
her
Mask
off
.
She
being
ask'd
,
Whether
she
had
seen
Sir
John
come
to
the
Dutchesses
house
,
and
when
;
Says
,
she
,
within
a
twelve-month
last
past
,
or
thereabouts
,
followed
him
to
the
Dutchesses
house
about
3
of
the
Clock
in
the
Afternoon
,
and
that
she
did
not
see
him
come
out
.
After
the
Witnesses
were
examined
on
the
part
of
the
Duke
of
Norfolk
for
the
Bill
,
Sir
Thomas
Powis
of
Council
with
the
Dutchess
of
Norfolk
,
being
called
upon
to
make
defence
,
spake
to
this
effect
.
Sir
Thomas
Powys
.
I
am
at
a
loss
,
Sir
,
and
under
some
kind
of
a
surprize
,
because
as
far
as
I
apprehend
,
you
call
upon
us
to
make
our
defence
.
I
hope
in
a
case
of
such
moment
as
this
is
(
and
it
may
be
there
cannot
be
greater
)
and
since
you
are
pleased
to
take
this
case
out
of
the
usual
way
of
tryals
,
and
to
try
it
in
the
first
instance
,
you
will
be
pleased
,
that
we
should
be
fairly
and
regularly
heard
.
And
since
it
was
not
allowed
us
upon
our
being
heard
against
the
Bill
,
that
we
should
have
a
time
to
make
our
defence
.
Now
we
have
heard
what
the
Witnesses
swear
,
we
shall
desire
but
a
short
time
,
no
more
than
what
is
absolutely
necessary
to
make
our
defence
.
This
hath
spent
us
6
hours
already
;
and
I
am
sure
the
Witnesses
that
have
been
examined
,
have
given
such
variety
of
Answers
,
that
it
doth
afford
a
great
deal
to
be
said
to
it
.
We
have
likewise
a
good
many
Witnesses
to
be
examined
;
but
I
am
far
from
proposing
any
thing
to
delay
it
.
We
had
a
weeks
time
allowed
us
in
the
House
of
Lords
,
but
that
is
no
rule
for
you
,
and
we
don't
expect
it
here
.
But
even
while
we
are
at
this
Barr
,
a
person
from
a
very
worthy
Member
gives
us
intelligence
,
upon
sight
of
this
Cook-maid
,
of
a
matter
that
will
defame
her
;
and
he
will
be
ready
to
make
it
out
,
that
she
was
turned
away
for
being
a
common
Thief
in
Holland
:
and
therefore
,
Sir
,
you
see
how
time
is
necessary
in
point
of
Accidents
that
do
happen
;
and
I
cannot
make
our
defence
now
.
Thereupon
the
Council
withdrew
;
and
the
Committee
having
considered
of
the
desire
of
the
Council
for
the
Dutchess
to
have
time
allowed
them
to
make
their
defence
,
were
of
opinion
,
That
the
Council
should
proceed
then
to
make
their
defence
;
and
Candles
were
ordered
to
be
brought
in
.
And
the
Council
being
called
in
again
,
Sir
Rowland
Gwynne
being
in
the
Chair
of
the
Committee
,
acquainted
them
with
the
determination
of
the
Committee
.
Then
Sir
Thomas
Powys
observed
upon
the
Evidence
that
had
been
given
;
and
insisted
,
that
the
Evidence
given
before
the
Committee
of
Commons
,
did
differ
from
the
evidence
given
by
them
upon
Oath
in
the
House
of
Lords
;
and
offer'd
to
produce
the
Examination
of
the
said
Witnesses
upon
Oath
in
the
House
of
Lords
.
And
an
Objection
being
made
,
that
such
Examination
ought
not
to
be
read
in
that
case
,
as
Evidence
before
this
Committee
;
the
Council
withdrew
,
and
the
Committee
considered
of
the
said
Objection
,
and
were
of
opinion
,
that
the
said
depositions
should
not
be
read
.
And
Council
being
called
in
again
,
were
acquainted
with
it
,
and
that
if
they
had
any
Witnesses
,
viva
voce
,
to
encounter
their
evidence
,
they
might
produce
them
.
Sir
Thomas
Powys
.
Sir
,
By
this
Resolution
,
my
Client
is
deprived
of
that
defence
I
thought
I
could
have
made
for
her
,
but
I
submit
to
the
pleasure
of
the
Committee
.
Mr.
Atwood
.
The
Examinations
in
the
House
of
Lords
were
so
lately
,
that
't
is
an
easie
thing
for
the
Sollicitors
,
who
were
by
,
to
give
an
account
of
a
contrariety
in
the
evidence
,
if
there
were
any
.
A
Member
.
Whether
you
have
any
other
evidence
to
offer
,
but
as
to
this
point
?
Sir
Tho
.
Powys
.
All
our
evidence
would
tend
to
contradict
these
Witnesses
;
and
if
the
reading
of
those
Depositions
won't
be
allowed
,
we
must
abide
your
pleasure
,
and
submit
it
to
you
.
Mr.
Dodd
.
We
submit
it
to
you
;
our
Witnesses
were
in
concurrence
with
that
sort
of
evidence
.
Sir
Rowland
Gwynne
.
There
are
several
persons
named
,
who
are
persons
of
Credit
and
good
Reputation
,
Mr.
Brian
and
his
Lady
,
Mr.
Daniel
Germain
and
his
Sister
;
these
would
be
Witnesses
of
Credit
,
against
those
that
are
you
say
not
of
Credit
.
Council
.
We
have
summoned
them
,
and
Mrs.
Pitt
,
and
done
all
that
we
could
on
our
side
to
get
them
here
.
And
I
hope
you
won't
prejudge
our
case
,
to
say
they
are
in
our
interest
;
that
is
to
determine
the
question
.
We
have
likewise
summoned
Mrs.
Pitt
and
her
two
maids
,
and
whether
they
will
appear
or
not
,
that
we
cannot
tell
,
but
this
we
are
ready
to
make
out
to
you
.
Mr.
Atwood
.
Susanna
Barrington
the
Dutchesses
Woman
,
privy
to
the
whole
conversation
,
is
proved
to
have
been
with
her
since
the
Bill
was
brought
into
the
House
of
Lords
.
A
Member
.
Whether
he
has
one
living
Witness
to
produce
,
that
he
can
make
good
his
defence
by
?
Sir
Tho
.
Powys
.
Sir
,
if
you
expect
an
answer
from
me
,
I
am
assured
,
that
we
have
Witnesses
,
but
if
I
cannot
bring
those
people
against
themselves
;
if
I
cannot
bring
Nichola
against
Nichola
,
I
despair
of
doing
any
good
,
if
I
bring
a
1000
other
Witnesses
against
him
.
And
therefore
,
I
pray
this
favour
of
you
;
That
since
't
is
your
pleasure
,
that
this
evidence
be
not
allowed
,
you
will
not
make
a
bad
construction
of
it
,
that
I
do
not
proceed
to
make
a
defence
to
this
Bill
,
for
I
cannot
truly
do
it
,
unless
I
had
some
other
Instructions
from
my
Client
,
but
shall
defeat
her
expectation
to
proceed
upon
the
other
part
of
the
case
,
since
what
we
built
upon
with
good
Authority
,
as
we
thought
,
is
not
thought
fit
to
be
admitted
.
Sir
Rowland
Gwynne
.
Sir
,
you
are
at
liberty
to
go
on
,
if
you
have
any
thing
more
to
say
,
than
that
you
cannot
proceed
without
further
directions
from
your
Client
.
A
Member
.
Whether
they
have
any
thing
to
offer
in
the
defence
of
the
Dutchess
upon
the
crime
she
is
charged
with
;
for
I
believe
't
is
a
new
thing
for
the
Council
,
when
their
Client
is
charged
with
a
crime
,
to
say
,
they
cannot
defend
her
,
unless
they
go
,
and
ask
,
whether
they
shall
defend
her
or
no
?
If
they
have
any
thing
to
say
in
her
defence
,
we
shall
be
ready
to
hear
it
.
Sir
Rowland
Gwynne
.
Sir
Thomas
Powys
,
have
you
any
thing
more
to
say
?
Sir
Tho
.
Powys
.
I
cannot
but
repeat
what
I
have
already
said
,
That
I
would
be
glad
to
make
the
best
defence
this
case
may
bear
:
and
I
may
say
,
I
have
defended
it
twice
with
very
good
success
,
and
this
is
a
third
time
:
and
I
would
make
the
best
defence
this
case
would
bear
now
.
And
I
must
own
to
you
,
that
the
course
of
our
evidence
,
we
did
propose
to
our selves
is
so
far
broke
,
by
the
first
determination
you
were
pleased
to
make
,
that
I
cannot
venture
upon
the
rest
of
the
defence
,
if
so
be
your
pleasure
be
not
to
admit
of
this
matter
.
Sir
Rowland
Gwynne
.
You
may
by
any
Sollicitors
or
Agents
,
that
were
present
when
these
Witnesses
were
examined
in
the
House
of
Lords
,
prove
what
they
swore
there
.
Mr.
Dodd
.
We
apprehend
you
have
already
determined
the
matter
,
and
we
cannot
now
meddle
with
it
;
but
if
I
apprehend
it
a-right
from
the
Chair
,
it
is
your
Opinion
,
that
we
may
produce
the
Sollicitors
and
Agents
to
give
an
account
of
what
was
sworn
in
the
House
of
Lords
.
Now
we
are
under
this
disability
by
your
determination
,
That
we
relying
upon
what
you
have
determined
against
us
,
are
not
prepared
with
our
Sollicitors
or
others
to
give
evidence
of
that
matter
;
but
in
a
little
time
they
will
be
able
to
give
you
an
account
of
what
was
then
sworn
.
Mr.
Atwood
.
It
seems
they
want
to
be
taught
their
Lesson
.
And
then
the
Council
withdrew
,
and
the
Committee
proceeded
upon
the
Bill
,
Clause
by
Clause
,
and
went
through
it
,
and
ordered
the
same
to
be
reported
.
FINIS
.