House of Lords Journal Volume 15: 21 January 1692

DIE Jovis, 21 Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

D. of Grafton's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting certain Pieces and Parcels of Ground, in the Parishes of St. James and St. Martin's in the Feilds, late the Estate of Henry Duke of Grafton, deceased, in Trustees, to be sold."

The Question was put, "Whether this Bill shall pass?

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Sir Miles Cooke and Sir James Astrey:

To carry down the said Bill, and desire their Concurrence thereunto.

Alnage Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for transferring the Collection of the Duty of Alnage to the Custom-house; and for giving a Recompense to the Crown for the same."

Breeding Cattle, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the Encouragement of the Breeding and Feeding of Cattle."

ORDERED, To be committed to a Committee of the whole House, presently.

Then the House was adjourned during Pleasure, and put into a Committee, upon the said Bill.

The House was resumed.

And the Earl of Stamford reported, "The Committee had passed the said Bill, without Amendment."

Then,

Hodie 3^a vice lecta est Billa, intituled, "An Act for the Encouragement of the Breeding and Feeding of Cattle."

The Question was put, "Whether this Bill shall pass?

It was Resolved in the Affirmative.

Message to H. C. that the Lords have passed it.

A Message was sent to the House of Commons, by Sir Miles Cooke and Sir James Astrey:

To acquaint them, that the Lords have passed the said Bill, without any Amendment.

L. Stanhope's Bill.

The Lord Viscount Weymouth reported the Bill, intituled, "An Act for the enabling Phillip Lord Stanhope, Son and Heir Apparent of the Right Honourable Phillip Earl of Chesterfeild, together with the said Earl, to make a Jointure and Settlement upon the Marriage of the said Phillip Lord Stanhope," with some Amendments.

Which were read Twice, and agreed to; and the Bill ordered to be engrossed, with the said Amendments.

Vaughan's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for settling of certain Messuages, Mills, Lands, and Tenements, in the County of Merioneth, upon certain Trustees, to be sold or mortgaged, towards the Payment of the Debts of William Vaughan and Jenkin Vaughan Esquires, deceased."

Shadwell Water-works Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for incorporating the Proprietors of the Water-works in the Parish of St. Paul's, Shadwell, in the County of Midd'x; and for the encouraging, carrying on, and settling, the said Water-works."

ORDERED, That the Consideration of the said Two Bills be referred to the Committee to whom the Bill, intituled, "An Act to enable John Keeble Gentleman to sell certain Lands in Stow Market, in the County of Suffolke, and to settle other Lands of greater Value to the said Uses," is referred.

Whose Lordships, or any Five of them; to meet To-morrow, at Nine of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Bishop of Rochester, Leave to be absent.

Leave was given to the Bishop of Rochester, to go into the Country.

Mutiny Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the Punishment of Mutineers and Deserters, preventing false Musters, and paying the Army according to the Musters of Effective Men, and for the better paying of Quarters."

ORDERED, That the said Bill shall be committed to a Committee of the whole House, on Saturday next; and all the Lords to be summoned.

Answer from H. C.

The Messengers sent Yesterday to the House of Commons return this Answer:

That the Commons will give a Free Conference, as desired.

Public Accompts.

It is ORDERED, by the Lords Spiritual and Temporal, in Parliament assembled, That the House shall be put into a Committee, to proceed on the Answers received from the Commissioners for Public Accompts, upon the Queries sent to them upon their Observations on the Book of Accompts, on Tuesday next, at Ten of the Clock in the Forenoon, the First Business.

Messages from H. C. with Bills, and to return the Albury and N. Mymms Bill.

A Message was brought from the House of Commons, by Mr. Smith and others:

To return the Bill, intituled, "An Act for enabling Francis Moore Esquire to sell the Manor of Bayhouse, and Lands in West Thorock, in the County of Essex, and to purchase and settle other Lands in Lieu thereof;" to which they have agreed, without any Amendments.

A Message was brought from the House of Commons, by Mr. Christy and others:

To return the Bill, intituled, "An Act for enfranchising several Copyhold Lands and Tenements held of the Manor of Albury and North Mymms, in the County of Hertford;" to which they have agreed, with some Amendments.

Which were read, and agreed; and ORDERED, the Commons to be acquainted with it.

A Message was brought from the House of Commons, by Sir John Guise and others;

Who brought up a Bill, intituled, "An Act for raising the Militia of this Kingdom for the Year One Thousand Six Hundred Ninety-two, although the Month's Pay formerly advanced be not re-paid;" to which they desire their Lordships Concurrence.

Dutchess of Norfolk to come to the Table.

The House being informed, "That her Grace the Dutchess of Norfolke was at the Door, pursuant to the Order Yesterday;" it was agreed, that she should come to the Table, and have a Chair set for her.

Then, upon Debate how the Speaker should demean himself when he spake to her;

This Question was put, "Whether, when the Dutchess of Norfolke comes in, and the Speaker speaks to her, he shall stand up with his Hat off?"

It was Resolved in the Negative.

Speaker, when he addresses himself to Lords and others, to sit with his Hat on.

Whereupon it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That for the future, when the Speaker shall speak to any Lord or other Person, he shall speak to him, sitting, with his Hat on.

Dutchess of Norfolk called in.

Then the Dutchess of Norfolke was called in, and came to the Table; and the Order made Yesterday was read, for her to answer this Day.

Which done, she delivered her Answer; and said, "That was all she could prepare in so short a Time."

Then she sat down; and the Answer was read, as followeth:

Her Answer to the Duke's Charge against her.

"I Mary Dutchess of Norfolke, under Protestation that the pretended Charge of Adultery given against me in the Honourable House of Peers was and is general, insufficient, and such as (I humbly conceive) I am not bound by Law to give Answer unto; yet, knowing my own Innocency, and that I am not guilty of the pretended Crime (this Protestation being saved to me), I shall and do, under the Matters and Qualifications hereafter mentioned, answer and say; hereby affirming, That, having been married to his Grace the Duke of Norfolke for near Fifteen Years, he never did (till this pretended Charge given against me) in the least pretend or intimate to me, that I ever had injured his Bed; but did always treat me with great Kindness and Respect. And about the Year 1685, at his Request and Desire, I did go with him from London to France, and there continued with him for some Time; where, his Grace being under an Indisposition, and continuing so for some Time, he shewed such Affection to me, and put so great Trust and Confidence in me, that all such Things as were administered to him in order to his Recovery, he did not, nor would, receive any of them but what came from my Hands; and I did with great Care attend him: And being recovered, he told me, "his Occasions required him to go for England, but he would return to me in France within some short Time, and bring me Home to England;" and at his Parting with me, he shewed great Affection to me; and, in great Passion of Love, with Tears in his Eyes, said, "he had Ten Thousand Pardons to ask me; desiring my Patience; and that I should return into England to him in some short Time." And after his Grace's Return into England, he having Notice from me, that my Lodging was inconvenient, and desiring his Leave to change the same; he wrote me Word very affectionately, "that God forbid he should constrain me to any Inconvenience; and left me to my Liberty therein." And before his parting with me in France, as a Testimony of his Love and Affection to me, he ordered Four Hundred Pounds Yearly to be paid to me, out of his own Estate, by Quarterly Payments, over and above the separate Maintenance settled upon me by my Father upon my Marriage with him; and that, after his Arrival in England, he made several Visits to my Mother the Countess of Peterborough, and with great Observance and Respect asked her Blessing; and told her, "that he had left me well and safe in France;" and then said, "that his own Debts were pressing upon him; that, if her Daughter, meaning myself, would consent that the Manor of Drayton and other Estates should be settled upon him and his Heirs, he should thereby be made a happy Man." And I coming into England, his Grace having put off Housekeeping, and dwelling in the Countess of Peterborough's Lodgings in St. James' for about Two Years, and I suing him for Alimony (the said Four Hundred Pounds a Year not being paid unto me); he did not, during that Suit, object any Crime against me; which had been proper for him to have done, to avoid any Alimony, if I had been guilty. And I, the said Mary Dutchess of Norfolke, being at Drayton in Northamptonshire, his Grace did write very affectionately to me; and then, Disturbances happening in Northamptonshire and those Parts, in November 1688, I left Drayton, and, with the Consent of the Duke, went beyond Seas, and there continued till sent for by my Father and Mother; and then returned to England, which was in or about October 1691, with the Duke's Consent: And then, Application being made to me by the Duke my Husband, to join with him in the Sale of Castleriseing and other Estate; I, being advised this must be injurious to me, could not join therein; which I humbly apprehend to be the true Cause and Occasion of this Proceeding against my Honour, on the Duke my Husband's Part.

"And I the said Mary Dutchess of Norfolke adhering to my Protestation of my Innocency, and denying that I am guilty of the pretended Crime charged against me, and being unwilling to impeach my Husband of any Crime whatsoever; yet, being advised that, by the Laws of the Land, a Husband sueing a Divorce for the Adultery of his Wife, he ought not to obtain any Sentence of Divorce, if he be proved guilty of the same: Wherefore this Respondent doth aver, and is ready to prove, that the Duke her Husband was and is guilty of Adultery, and hath continued in the Course of Adultery for these Ten Years last past, and doth so continue.

"My Lords,

"It is Misfortune and Dishonour enough, to be thus accused. I had rather stand charged for High Treason before your Lordships, than with this ignominious Crime. In the Charge for High Treason, the Manner of Trial, the Ways of Proceeding, are known; so is the Punishment. In this Case against me, your Lordships are now creating new Ways of Proceeding against me, and a new Law to punish me; and this for a Crime supposed and alledged to be committed near Seven Years past, in another Reign, after Public Indemnity in this Session of Parliament, after many Sittings of this Parliament, and the Dissolution of others, without mentioning this Crime against me. My Counsel are to seek, how to advise my Defence in this Proceeding; being altogether new, and without Precedent or Example. I find my Prosecution to be now very violent, and the Proceeding very swist upon me; having had but One Night to prepare my Answer to this general Charge. I do, in this Place, publicly declare, I am innocent of what is objected to me; I am not guilty of desiling my Husband's Bed; I am not guilty of the Crime charged against me. I hope, being thus accused, I may without Vanity and Vainglory say, what is well known, that I am not only the Lord Duke of Norfolke's Wife, but also born and descended from Parents and Ancestors of the ancient Nobility; and that your Lordships Ancestors and my Ancestors, who sat in this House, knew no such Proceeding. It is with Regret that I bring in this Answer for myself, and against my Husband: Being my Defence, I hope you will excuse me. And if your Lordships shall, in your great Wisdom, proceed further in this Matter, I hope, and do most humbly pray, that I may hereafter have convenient Time to make my Proofs and full Defence; and then I doubt not of your Lordships Justice for me, as much as for my Husband, who sits and votes with your Lordships.

"Mary Norfolke."

Which being done, she withdrew.

Sir R. Raynes and Sir C. Hedges to attend.

Upon reading this Day the Answer of her Grace the Dutchess of Norfolke, to the Charge put in by his Grace the Duke of Norfolke against her:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Sir Richard Raynes and Sir Charles Hedges do attend this House To-morrow at Eleven of the Clock in the Forenoon.

Then, after Debate,

This Question was proposed, "Whether the Dutchess of Norfolke shall be summoned to attend, by herself or Proctor, To-morrow Morning?"

Then the previous Question was put,

"Whether this Question shall be now put?"

It was Resolved in the Negative.

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by Mr. Fenwick and others:

Who brought up a Bill, intituled, "An Act for Relief of Creditors, against fraudulent Devises;" to which they desire their Lordships Concurrence.

Free Conference, Trials for Treason, Bill.

The Commons being come to the Free Conference, the House was adjourned during Pleasure, and the Lords went to the Conference.

Which being ended, the House was resumed.

The Earl of Mulgrave reported, "That the Conference was attended, as directed; and delivered to the Commons what they were ordered; and the Commons said, They would acquaint their House with what they said."

Against adhering to Their Majesties Enemies, Bill.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the House shall be put into a Committee, to proceed on the Bill, intituled, "An Act against adhering to Their Majesties Enemies," To-morrow, at Ten of the Clock in the Forenoon; the First Business; and all the Judges to attend.

Public Accompts.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the House shall be put into a Committee, to proceed upon the Bill, intituled, "An additional Act for appointing and enabling Commissioners to examine, take; and state, the Public Accompts of the Kingdom," on Saturday next, at Ten of the Clock in the Forenoon.

E. of Derby's Bill.

Whereas To-morrow is appointed for hearing Counsel for and against the Earl of Derby's Bill:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Counsel on Monday next; and no other Business to intervene.

Dutchess of Richmond against the Alnage Bill.

Upon reading the Petition of Francis Dutchess Dowager of Richmond and Lenox, and others, Farmers of the ancient Duties of Subsidy and Alnage on Woollen Manufactures, under the said Dutchess and her Trustees; praying, "That they may be heard at the Bar, before the Passing of the Bill, intituled, An Act for transferring the Collection of the Duty of Alnage to the Custom-house, and for giving a Recompense to the Crown for the same:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners shall be heard, by their Counsel, against the said Bill; as also Counsel for the said Bill, and the King's Counsel, on Wednesday the Seven and Twentieth Instant, at Ten of the Clock in the Forenoon.

Tooke versus Lord Chief Baron Atkins.

Whereas Monday next is appointed for hearing of the Cause wherein Thomas Tooke is Plaintiff, and the Lord Chief Baron of Their Majesties Court of Exchequer Respondent:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel on both Sides, at the Bar, on Thursday the Twenty-eighth Instant, at Ten of the Clock in the Forenoon; and that the Service of Thomas Tooke's Clerk in the Exchequer shall be good Service, in order thereunto.

Gawdey versus Scroggs.

Whereas, Monday next is appointed for hearing the Cause wherein Anthony Gawdey is Plaintiff, and Sir Will'm Scroggs Defendant:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel on both Sides, at the Bar, on Tuesday the Second Day of February next, at Ten of the Clock in the Forenoon.

Adjourn.

Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Veneris, (videlicet), 22^um diem instantis Januarii, hora decima Aurora, Dominis sic decernentibus.