IF want either of Precedent for a Parliamentary Divorce, before going through the tedious and in­effectual Methods of Docters Commons, or of Demonstration of Fact, have hitherto deprived the Duke of Norfolk of that Relief against his Wives 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 be 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 Ross'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 satisfie the most scrupulous of the Reformed Religion, but ro set the Duke's Proofs 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 prov [...]d. 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 Fox-Hall, by Sr John German'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 John's 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 Fox-hall, where he pretended she was obliged to conceal her self for Debt; and what share Susannah had in the se­cret was unknown, till Nicola appeared: Nicola coming into England sometime 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.

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 BedEleanor Vaness Exam. 22. Feb. 1699. together by her, Mr. Bryan, and his VVife, Sir John's Sister: and that Nicholas Hauseur, Sir John's Va [...]et [...]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 Fox-hall, 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, carry­ed her away, and Susannah Barrington, with intention of going for Holland, to prevent their being Exa­mined to what they knew; but the wind proving contrary, thev 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 mention'd by Ellen as privy to Sir John's lving with the Dutchess, names Sir John's Brother Daniel. Nicholas having been found very trusty, his Master sent for him to return to his Service; and gave himNicholas Hauseur. 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,William Bayly. and from thence to a good Office in the Excise, very unwillingly confirmed the Testimo­ny of Hauser 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 Houseur and the Dutch Maid; yet he swears the Dutchess used to come mask'd to his Master's House that he has gone with him as far as the Horse­ferry towards her House at the Mill-bank; that then his Master sometimes lay out all Night, and the next morning he has carried Linnen and Cloaths for his Master to Keemer's House, or Keemer has fetch'd 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 Dutchese's House at Dravton; 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 Secreey: and both declared they would immediately go beyond Sea. Summons have been taken out for Mr. Brian and his VVife, and Sir John Germain's Brother (who are, or lately were in Town) to confess [Page 4] 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 believe their absenting more than a thousand Witnesses, in confirmation of what Mr. Hauseur, Ellen and Bayly, have sworn. Whose Evidence not only stands untouch'd by any thing offered by the Dutchess's Witnesses, but is plainly con­firmed by them in the principal parts.

This being the nature of the proofs, 'tis 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 Lover's 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, 'twas 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, or his Deputy.

5. Before that Case, Parliaments have either broken through the Rules which1 Eliz n. 31. bind the Spiritual Court, as in the Case of the Duke of Norfolk, 1 Eliz. where the Parliament ratified a Marriage, as lawful according to God's Law; tho protracted and letted, by reason of certain Decrees and Canons of the Popes Law; or else have dissolved a Mar­riage where there had been no application to Doctors Commons, as in the Case of2. & 3. W. M. 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.

So long before, in the Case of Sir Ralph Sadler, upon proof before the two Houses that the Lady Sadlers former Husband had deserted her and disappeared for Four37. H 8: Years before she Marryed 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 setled by Articles: But as none of less Art and Oratory than her Counsel could have turned this into a License 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.