House of Lords Journal Volume 15: 23 January 1692

DIE Sabbati, 23 Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Shadwell Water Works Bill.

The Earl of Westmerland reported the Bill, intituled, "An Act for incorporating the Proprietors of the Waterworks, 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," with some Amendments.

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

Vaughan's Bill.

The Earl of Westmerland reported the Bill, intituled, "An Act for the 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 Esquire, deceased," as sit to pass, without any Amendments.

And the Bill is ordered to be engrossed.

Sadler's Bill.

The Earl of Bridgewater reported the Bill, intituled; "An Act to enable Sir Edwine Sadleir Baronet to sell Lands, to pay his Debts," with some Amendments.

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

Northcote versus Northcote.

Upon reading the Petition of William Northcote Esquire; praying, "That he may be at Liberty to alter his Appeal, by inserting these Words ["the said Dame Elizabeth Northcote"]:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said William Northcote may amend his Appeal, as desired.

Fraudulent Devises Bill.

Hodie 2^a vice lecta est Billa, intiuled, "An Act for Relief of Creditors, against fraudulent Devises."

ORDERED, To be committed to a Committee of the whole House, on Friday next; and that the Lord Chief Justice Holt, Justice Nevill, and Baron Powell, do then attend.

Public Accompts for examining, &c. Bill.

Then the House was adjourned during Pleasure, and put into a Committee, upon the Bill, intituled, "An additional Act for appointing and enabling Commissioners to examine, take, and state, the Public Accompts of the Kingdom."

And, after some Time spent therein, the House was resumed.

And the Lord Cornwallis reported, "That the Committee had gone through the Bill; and that they had made some Amendments therein; and one particularly, which is, the Addition of Four Commissioners to be added to the Bill, that are Commoners, and not of the House of Commons; and they being added, the Quorum to be Six that shall act; and the Committee desires the House will appoint a Day for all the Lords to bring in Four Names in a Paper, to be put into a Balloting Box, of such Persons as they shall think fit to be Commissioners in the said Bill, according to the Method used the last Session in this Case."

To which the House agreed, and ordered as followeth:

Commissioners for examining Public Accompts, to be balloted for.

"It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Tuesday next, at Eleven of the Clock in the Forenoon, shall be, and is hereby, appointed for all the Lords to bring in Four Names of Persons in a Paper, to be put into a Balloting Box, to be Commissioners in the Bill, intituled, "An additional Act for appointing and enabling Commissioners to examine, take, and state, the Public Accompts of the Kingdom; and that all the Lords be summoned then to attend."

The House being moved, "That the Duke of Norfolke's Witnesses might be sworn;" a Debate arose, concerning the Form of the Oath to be given them at the Bar.

Which, upon Debate, was agreed to as followeth; (videlicet,)

Oath to be tendered to the D. of Norfolk's Witnesses.

"You shall true Answer make to all such Questions as shall be asked you by this Honourable House, in relation to the Charge of Adultery brought in by the Duke of Norfolke against the Dutchess of Norfolke with John Germaine: You shall declare your whole Knowledge of this Matter; and shall speak the Truth, the whole Truth, and nothing but the Truth, as well upon the Matter as you shall be examined on Behalf of his Grace the Duke of Norfolke, as upon such Interrogatories as shall be exhibited on Behalf of the Dutchess of Norfolke, without Favour or Affection to either Party. So help you God, and by the Contents of this Book."

Margaret Elwood called in.

Then Margaret Elwood, the First Witness, being called in, and the Dutchess of Norfolke's Proctor also; he offered a Protestation, as is usual in the Spiritual Courts, which was read, as followeth; videlicet,

Francklyn, the Dutchess's Proctor, Protestation.

"Illustrissimi Domini,

"Ego Samuel Francklyn Armiger, Procurator Prænobilis et Honorandæ Feminæ Mariæ Dominæ Ducissæ Norfolciæ, humiliter peto, quod si contigerit aliquos Testes produci ex Parte Prænobilis et Honorandi Viri Henrici Ducis Norfolciæ, coram Dominationibus vestris, contra dictam Dominam Ducissam, super Propositis et Objectis contra eam; tales Testes, prius jurati et admissi quam fuerint, declarent eorum respectiva Nomina et Cognomina, et Qualitatem et Titulum quæ sibi (fn. 1) assumit, Loca eorum Habitationis particularia, et quamdiu in eisdem habitarunt; et ut talis Declaratio in Scriptis reducatur, et mihi tradatur."

And being allowed; the Proctor asked her several Questions concerning her last Abode; and whether single or married; and who she lived with and where, and such like Questions: Which done, she was sworn.

And then the Dutchess's Proctor offered another Protestation, which he read, as followeth:

Another Protestation.

"Illustrissimi Domini,

"Ego, Procurator Dominæ Mariæ Ducissæ Norfolciæ antedictus, dissentio Productione Testium hujusmodi, et protestor de Nullitate ejusdem, et de dicendo contra hujusmodi Testes, et eorum Dicta et Depositiones ac Personas, si et quatenus deposuerint contra Intentionem Dominæ meæ et peto quod reddant veras Causas Scientiarum suarum, in singulis eorum Dictis et Depositionibus; alioquin protestor de Nullitate ejusdem: Et peto Terminum competentem mihi assignari, ad ministrandum Interrogatoria contra hujusmodi Testes; et ut omnes Testes in dicta Causa examinandi, secundum Usum et (fn. 2) Praxim in Curiis Ecclesiasticis usitatam, separatim, secrete, et sigillatim, in Scriptis examinentur."

Duke of Norfolk's Witnesses, Margaret Elwood.

"Margaret Elwood, Wife of James Elwood, married above Twenty-one Years; lives in St. Clement's Parish, in Balding's Gardens; is an Housekeeper; her Husband a Shoemaker, but keeps no Shop, lives by his Trade; lived in the Round Tower at Windsor above Six Years before she came to St. Clement's Parish."

Anne Burton.

"Anne Burton, a Maid, lives in Chancery Lane, with a Relation; is Servant to the Lord Ferrers, and subpæna'd upon this Business; hath been here about a Month; hath lived with the Lord Ferrers about a Year; lived with the Lord Devon Two Years and a Half; and about Six Years since lived with the Duke of Norfolke almost a Year; is now at Mr. Sadler's (her Relation) at her own Charge; she lives by her Service."

Rowland Owen.

"Rowland Owen lives by Red Lyon Streete, at White Chappell; hath lived there Five Years; is an Housekeeper, hath been so Five Years; hath been married above Five Years; is a Labouring Man; served the Duke of Norfolke Four Years, and received Wages as a Servant from his Grace."

Thomas Hudson.

"Thomas Hudson, a married Man, hath been so above Four Years; lives at Richell, near Yorke; hath done so Four Years; before that, lived with the Duke of Norfolke, and received Wages from his Grace; is a Butcher by Trade, and sometimes grazeth, but writes himself Butcher."

Simon Verelst.

"Simon Verelst, Gentleman, lives in Fleet-streete, hath done so Three Years; lodges at Mr. Cowell's, an Housekeeper; lodged before that at Mr. Slaughter's in Fleetstreete; never lived with the Duke of Norfolke; waited on his Grace as a Picture-drawer, and drew his Lady's Picture; received no Money from the Duke in any respect."

Peter Scriber.

"Peter Scriber is a Batchelor; lives now at Foxhall, hath lived there above Thirteen Years; is a Dyer, is no Housekeeper, is a Master; was never Servant to the Duke of Norfolke."

John Reynolds.

"John Reynolds is a Gentleman; manages Mr. Wayman's Marble Trade at Foxball; is a Lodger, lodges at Mr. Moore's a Brewer, hath done so near half a Year; lodged before at Mr. Vanderhelfe's about Seven Years; was never Servant to the Duke of Norfolke."

Thomas Lloyd.

"Thomas Lloyd is a Widower; lives at Foxhall, hath lived at Lambeth above Twenty Years; is a Dyer; is a Lodger over-against The Vine at Foxhall; hath been an Housekeeper, is now a Servant to Mr. Peter Scriber a Scarlet Dyer, and hath been so about Six Years."

Andrew Anderson.

"Andrew Anderson is a married Man; lives at Foxhall, hath lived there about Twenty-nine Years, hath been an Housekeeper Eighteen Years; is a Waterman; never lived with the Duke of Norfolke."

Thomas Foster.

"Thomas Foster is a married Man, hath been so Eleven Years; lives in Chapel Streete, Westminster; is a Coachman; is a Lodger in The Mewes, hath been there Nine Days; he serves nobody; lives on his own Money, he carries it in his Pocket; he never served the Duke of Norfolke, nor doth he now serve him; he hath no Dependance on the Duke of Norfolke; he hath served the Lord Devon, the Lord Cholmondley, and Mr. Germaine in the last Place."

Margaret Foster.

"Margaret Foster, a married Woman, hath been married near Twelve Years; lives in Chappell Streete, Westminster; her Husband lives now at a Lodging near The Mewes, with a Gentleman that promises to help him to a Place; her Husband is a Coachman, (she is a Lodger), was Coachman to Mr. Germain."

Jane Wadsworth.

"Jane Wadsworth, Wife to John Wadsworth, hath been married to him about Twelve Years; lives at The Queen's Head near The New Cockpitt in Carteret Streete, hath lived there Four Years; lived at The Beare Inne at The Horse-Ferry in Westminster Six Years; her Husband is an Horse-courser and an Housekeeper."

Mary Boyle.

"Mary Boyle is married to John Boyle; he is a Factor in Barbadoes; she hath been married Seven Years; her Husband hath been gone Six Years; she lives at her Father's in Carteret Streete, Westminster; she lived One Year with Madam Williams, and came from her above a Year since; her Father's Name is Walter Rosse, a Chirurgeon."

Rice Jones.

"Rice Jones is a married Man; lives in Carteret Streete, Westminster, at Jones's Coffee-house, is Master of the House, hath lived there above Four Years; is a Soldier, and hath been so almost Two Years."

Anne Jones.

"Anne Jones is a married Woman, hath been married to Rice Jones about Twelve Years; lives in Carteret Streete, hath done so about Four Years; keeps a Coffee-house; her Husband is a Soldier."

John Hoskins.

"John Hoskins hath been married about Fourteen Years; lives in Orchard Streete, Westm'r; is a Lodger at one Saunders's, and hath been so about Four Years; is a Bricklayer, and lives by that Trade."

John Hall.

"John Hall is a married Man, hath been so Two Years; is a Joiner, lives at The Coffin in Tuttle Streete, keeps a Shop, hath lived there a Year and a Half; lived before that in The Graville Pitts at Sohoe; is an Housekeeper."

Mary Hall.

"Mary Hall is a single Woman; lives with Mrs. Pryor, in Channell Row, hath lived with her a Year as a Servant; lived before that with Captain Germaine near Half a Year; before that, lived with Mr. East, a Goldsmith, at Temple Barr."

William Bayly.

"William Bayly is a single Man; lives with Mr. Germain at this Time, hath done so near Three Years, as Footman; he is an Irishman."

John Wood.

"John Wood is a married Man; lives in Conduit Court in Long Acre, hath done so a Twelvemonth; lived before that, One and Twenty Years, in Sohoe; is a Lodger, formerly an Housekeper; his Landlord is a Baker, at the uppermost House in the Court, his Name is Monney; he himself is a Joiner."

Richard Owen.

"Richard Owen is a married Man; lives in Carteret Street Westminster, is a Lodger at Mr. Johnson's, hath been so Half a Year; before that, lodged Half a Year at The Gun in Tutle Streete; he waits at The Cockpitt as a Servant, and goes on Errands for Gentlemen for Cocks; he writes himself Labourer."

Henry Dagley.

"Henry Dagley is a married Man, hath been so about a Year and Half; lives in Stable Yard, Westminster, was born there; lives with his Father, a Bricklayer; he maintains himself; writes himself Bricklayer."

William Miles.

"William Miles is a married Man, hath been so Eight Years; lives at The Two White Posts in Suffolke Streete, hath done so Half a Year; is an Housekeeper; is a Woman's Taylor."

John Colvin.

"John Colvin is a married Man, hath been so for Six Years; lives in Duke's Court near St. Martin's Church, hath lived there Nine Years; hath been Six Years an Housekeeper; exerciseth the Trade of a Man's Taylor, and writes himself Taylor."

The Witnesses being sworn;

The Dutchess of Norfolke's Proctor prayed, "That he might have a Copy of what the Witnesses answered upon the Questions asked them at the Bar, before they were sworn, as taken by the Clerk."

And withdrew.

Then a Debate arose, concerning the translating of the last Protestation delivered by the Proctor in Latin into English.

And, after some Time spent therein,

This Question was put,

"Whether the Protestation shall be translated into English, by Mr. Francklyn the Dutchess's Proctor, before any further Step shall be made in this Business?"

It was Resolved in the Affirmative.

And, after Debate,

The Protestation was carried out to the Proctor; and being translated, it was read, as followeth; videlicet,

Francklyn's last Protestation translated.

"Illustrious Lords,

"I, Procurator of the Lady Mary Dutchess of Norfolke, dissent to the Production of these Witnesses, and protest of the Nullity of the same; objecting against the Witnesses, their Sayings, Depositions, and Persons, and so far as they shall depose against the Intention of my Lady; and do pray that they may render true Causes in their several Depositions: Otherwise I protest of the Nullity thereof, and desire a competent Time to be assigned, to administer Interrogatories to the said Witnesses; and that all the Witnesses in that Cause to be examined may be examined, separately, secretly, and apart, in Writing, according to the Use and Practice used in the Ecclesiastical Courts."

Which being read, the following Order was made:

"It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Dutchess of Norfolke's Proctor shall have a Copy of what was taken upon swearing the Duke of Norfolke's Witnesses at the Bar; and that the Duke's Witnesses shall give in their Evidence, at the Bar, on Tuesday next, at Ten of the Clock in the Forenoon; and that the Dutchess of Norfolke, by herself, Proctor, and Counsel, shall attend, together with the Duke's Proctor and Counsel, at the same Time."

Felton's Claim to the Barony of Walden.

ORDERED, That Mrs. Felton's Petition to the Barony of Walden shall be heard on Thursday next, at Ten of the Clock in the Forenoon; as also the King's Counsel, and Counsel for the Earl of Suffolke, the Lady Essex Griffin, and the Heralds, to attend.

Adjourn.

Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, (videlicet,) 25^um diem instantis Januarii, hora decima Aurora, Dominis sic decernentibus.