That nothing fhould oblige them to betray their Ma fters Secrets: One faid, No Court could difpenfe with his Oath of Secrecy; and both declar'd they would immediately go beyond Sea. Summons have been taken out for Mr. Brian and his Wife, and Sir John Germain's Brother (who are, or lately were in Town) to confefs or deny what Nicola and Ellen appeal to them for: And it cannot be imagin'd that Sir John fhould chufe the Honour of being thought to have to do with a Dutchefs, before the clearing her and himfelf from the Imputation, by bringing his Relations to difprove the Charge. if what is fworn to be within their knowledge is falfe. And if Sir John's vanity fhould prevail with him, at leaft it is to be prefumed, that his Relations would be more just to him and the Lady, than to fuffer any thing to pafs against them, which they could with Truth and Juftice prevent, But fince none of them appear, the World will believe their abfenting more than a thousand Witneffes, in confirmation of what Mr. Haufeur, Ellen and Bayly, have fworn. Whofe Evidence ftands untouch'd by any thing offer'd by the Dutchess's Witneffes, but is plainly confirmed by them in the principal parts. This being the nature of the Proofs, 'tis oblervable, 1. There never yet was any Cafe of this kind, where the Evidence was not liable to greater ObjeEtions than can be made to this. Tho' in the latest Cafe of that kind, there was full Conviction of the Lady's having Children while fhe lived feparate from her Husband; and the prefumption was very violent whose the Children were; yet this was but prefumption, and that was weakened by the prefumption in Law, that they were the Huf bands; efpecially fince there was no direct proot of the Lover's ever lying with her. 2. Tho' in that Cafe, by reafon of the interval of Parliament, and fear of the deaths of Witneffes, a Suic was begun in Doctors Commons, 'twas taken from thence while the Suit was depending; therefore that Dadd was 31. 2 & 3 W. M. vas rather an Objection against proceeding in Parliament than an Argument for it. 3. In that Cafe, feveral Witneffes were examined at the Bars of both Houfes, who had not been examined at Doctors Commons, nor any notice given of their Names before their Examination. 4. It appears by that Cafe, and the prefent, that the Examinations in Parliament are more folemn and certain than thofe of the Spiritual Court; which depend too much upon the Honefty of the Register, or his Deputy. 5. Before that Cafe, Parliaments have either broken through the Rules which bind the Spiritual Court, as in the Cafe of the Duke of Norfolk, Eliz. where the Parliament ratified a Marriage, as lawful according to God's Law; tho' protrac, d and letted, by reafon of certain Decrees and Canons of the Popes Law or elfe have diffolved a Marriage where there had been no application to Doctors Commons, as in the Cafe of Mrs. Wharton, who had been married to Mr. Cambel; and yet there had been no Examination of Witneffes, but what had been before the two Houses. So long before, in the Cafe of Sir Ralph Sadler, upon Proof before the two Houfes that the Lady 37. H. 8. Sadlers former Husband had deferted her, and difappeared for Four Years before he Marry'd Sir Ralphs, the Parliament Legitimated her Children by Sir Ralph. Whereas fome Object against the Paffing the Bill, as if it would countenance a Jurifdiction in the Houfe. of Lords to examine to fuch Matters, in the firft Inftance or Originally; the Objection would be the fame if it had begun, as it might, in the Houfe of Commons; but in truth, would be of equal force against molt private and feveral publick Acts, occafioned by the Examination of Witneffes, or Notoriety of Fact. Since therefore the Duke has fo long, and so often in vain endeavoured to be freed from a Lady, publickly fam'd and prov'd to have liv'd with Sir John Germain, as his Wife; the Duke's former dif appointments cannot but be powerful Arguments for his fpeedy obtaining that Juffice which the Spiritual Court cannot give him, their Power reaching no farther farther than to that liberty of living as he lift ; fame Years fince fettled by Articles: But as none of lefs Art and Oratory than her Counfel could have turn'd this into a Licenfe to commit Adultery, if he Lift, or a Pardon afterwards; had not there been Evidence of her Acting according to fuch ConftruEtion, the Duke would have hoped fhe had repented of the former Injuries he had received from her; but now hopes fhe fhall not longer continue to bear the Name of his Wife, and put him in Danger of being fucceeded by Sir John Germain's Iffue, or deprive him of the Expectation of leaving his Honours, Offices, and Eftate, to a Proteftant Heir. The CONTENTS. A. ACTS paft, page 4, 26, 47, 57, 127, 154, 165, 166, 167. 193, 238, 327, 332, 371, 375, 380 459, 511. Act for Regulating Trials in Cafes of TreaJon, p. 115. At for Limitation of the Crown; about Priviledges of Parliament. 163. Addrefs, of the Commons against the Colonels of the Army, p. 48. The King's Aufwer to it, p. 49. About the Allies, P. 50. The King's Anfwer, P. 51. About Coals, p. 51. In Favour. of the French Refugees, and the King's Answer, p. 52. Of the Parliament of England, about the Scotch India Company, p. 129. And the King's Answer, P. 131. Of the fame to the King at the breaking out of the Plot, p. 155. And the King's Answer, p. 156. Of the Commons to the King, and the King's Answer, P. 192. dreffes upon the Peace, p. 283, 284. Address of the Lords, p. 287. Of the Commons, p. 288, 322, 329, 330, 332, 371. Of the Lords, p. 372. Of the Com mons, 374, 375, 378, 413, 441. Of the Lords, p. 445. Of the Commons, P. 455. Of the Lords, P. 470. Of the Convocation, p. 472. Of the Lords, and the K's Answer, P. 475. Of the Commons against the Impeach Dddd 2 Ad ed. ed Lords, p. 480. Of the Lords in Favour of them, p regulated, 316. Agents of the Army prosecuted, p. 11. Anjou (Duke) made King of Spain, p. 465. Acknow- B. Barclay (Sir George) comes to London with 22 Bathurst (Sir Benjamin) bis Examination 19. Bills Bank of England, p. 198. Berkley (Lord) his Sea na Befieg'd by the French, p. 254. and Taken, 256. Burgundy, (D. of Married to the Princefs of Savoy, 285. Boufflers (Marfbal of) is feiz'd at Namúr p. 96. ed. C. V Alais Bombarded, p. 171. Campaign in Catalo- 100. Child (Sir Jofiah) his Examination. p. 36. Campaign on the Rhine, p. 101. 179. Collier, (Mr. Jeremy) cenfur'd by the Bishops. for Abfolving the Dying Confpirators. p. 163. Civil-Lift, p. 165. 203. 303. Commiflioners for Trade appointed, p. 173. For Ex- ecuting the Office of Lord Privy-Seal..p. 242. Com- monwealth-Party, Growth of it, p. 289: Clancarty (Earl of) apprehended. p. 335. Compeigne, French Camp there. p. 365. Campaign in Flanders, p. 61. 175. Charnock Tryed and Executed p. 161. Commiffioners for Hackney-Coaches, Proceedings against them, p. 16. Confederate Fleet at Sea, p. 498. Convocation, their Coin, the ill State of it, p. 49, 119. Remedied, p. 123. D. DArien, the Scots Settlement there, p. 401. & feq. Abandon'd 461. Declaration of K. William, to the Scotch Privy-Coun- E. Aft-India Company, (Old) Report about it. p. 17. & feq. 307. 380 442. New Eaft India-Company Erected, p. 307. 316. Ellenburg (Major-general) Exe- F. Alfe Endorsement of Exchequer Bills inquir'd into p. 31. Fleet Debates about it, p. 48. Jee Navy. Fenwick (Sir John) apprehended, p. 204. bis Cafe, P. 205. & feq. Attainted in Parliament, p. 212. De- bates about it, p. 21. He is Executed, p. 236. His Pa- per at his Execution, ibid. Further Proceedings about Forfeitures. p. 443. The King of France's Alliance with Sweden. p. 354. French Men of War taken. P. 48. Ambaffador in England. p. 341. Friend (Sir John) his Examination, p. 159. his Execution. p. 162. Funds deficient provided for. p. 197. G G. EORGE, Prince of Denmark, a Debt owing to His (Duke of) made Knight of the Garter, p. 173. H. |