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A52398 His Grace the Duke of Norfolk's charge against the Dutchess before the House of Lords, and the Dutchesses answer with the depositions at large of the witnesses that were examined on both sides. Norfolk, Henry Howard, Duke of, 1655-1701.; Norfolk, Mary Howard, Duchess of, 1659?-1705. 1692 (1692) Wing N1231; ESTC R28732 9,282 24

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THE PROCEEDINGS Before the House of Lords Between the Duke and Dutchess OF NORFOLK c. His GRACE the Duke of Norfolk's CHARGE Against the DUTCHESS BEFORE THE House of Lords AND THE Dutchesses Answer With the Depositions at large of the Witnesses that were Examined on both Sides LONDON Printed in the Year 1692. The Charge which Henry Duke of Norfolk Earl Marshal of England doth Exhibit against his Wife Mary Dutchess of Norfolk before the Lords Spiritual and Temporal in Parliament Assembled pursuant to their Lordships Order of the 14th of January 1691. Is for the Crime of Adultery THE Person Charged to commit the said Crime with the said Dutchess is one Germaine of the Parish of St. Margarets Westminster The Times and Places where the said Crime was committed were at White-Hall in the Months of June July and August some or one of them in the Year 1685. At Windsor in the Months of July August or September some or one of them in the said Year 1685. In the Parish of St. Margarets Westminster March April May June some or one of them in the Year of our Lord 1690. And in the said Parish of St. Margarets Westminister in the Months of July or August 1690. In the Parish of Lambeth in the County of Surry in the Months of May June July August some or one of them in the Year 1691. Served by Thomas Bowen 19 January before Six of the Clock Norfolk Marshal THE DEPOSITIONS OF THE DUKES Witnesses That were Examined ROwland Owen saith that Mr. Reymer about Six Years since being the Duke of Norfolks Butler ordered him to carry the things out the Lodgings being open he saw Mr. Germain in Bed with the Dutchess of Norfolk the Dutchess leapt out of the Bed and put on a Morning Gown and German hid himself in Bed this was between five and six of the Clock in the Evening about a fortnight before Bartholomew-Day he did not tell the Duke he is sure it was Germaine he saw him often twice or thrice a day the outward door of the Lodgings were shut but he opened it with a Key he had MArgaret Ellwood saith she had a Company to see the Lodgings at Windsor in the first Year of King James about three or four of the Clock in the Afternoon a Woman told her my Lady was not there but she opening the door saw my Lady upon the Stools in an ill Posture Mr. Germaine's Breeches were down he pulled them up and laid his hand on his Sword saying God Damn you for a Whore how have you the Impudence to come here my Lady bid him kick me down he scattered some concerns that is Mans Nature on the Boards She saw no Nakedness but her Knee or a little above another time after she found Germaine's Handkerchief and Ruffles in my Ladies Bed my Ladies Woman said there was Germain's Name upon them Another time she saw Mr. Cornwall let Mr. Germaine out of my Ladies Closet She saw Germains Leggs within hers when she came the first time into the Room and his Breeches were about his heels The first time was in Bartholomew-Fair time Mrs. Knifton told her it was Germains Linnen THOMAS Hudson saith That the Duke of Norfolk being at Portsmouth he was Butler at Windsor when Germaine the Dutchess and Cornwall went to Play Germaine sent his Footman for clean Linnen which he brought next Morning Mrs. Gwyn said to the Dutchess the Dogg would have layn with me but she would not lye with the Dogg where the Deer lay'd for she knew my Lady Dutchess would accept of him after that he saw a Shirt and Wastecoat in the Closet which my Ladies Woman and Ann Burton took away My Lord being absent we murmured amongst our Selves that my Lord was wrong'd I told my Lord whereupon my Master Cragg had me to Lord Peterborough's Lodgings and threatned me that he would prefer me to his Brother Richards who turned me off in Germany this was he thinks in December or September 1685 Mrs. Gwyn spoke this in the Green-Room and he was in a Closet hard by and the Door open and so heard it ANN Burton saith She was Servant to the Duke and Dutchess of Norfolk when the Duke was gone to Portsmouth she was at Windsor and my Lady went to London with Germaine when my Lady came home after Supper she was in great haste to go to Bed when she was Undrest she said she would Lock us out because she would not be disturbed before Eleven a Clock the next Morning though the King or Queen should come Hudson told her Germaine was still in the House whereupon we laid Chairs on the Back-stairs that we might hear him if he came down the Chairs were not removed next Morning when Germains Man came with the Linnen he said his Master was there My Lady ordered a Fire to be made in my Lords Room where when she was come Mrs. Nelly Gwynn came in and asked her how she liked her Nights Rest and being asked for Germaine she said she knew nothing of him My Lady complaining of her Hair being out of Order Nelly answered it was a hot Night with her enough to put her Hair out of Powder and Curl too Presently after Cornwell came in and ask'd for Germaine and my Lady saying she knew nothing of him Nelly Gwynn said I question not but he will come out by and by like a drowned Ratt with that whilst I was cleaning the Dining Room Mrs. Kifton called me and shewed me in the Closet Germaines Shirt and Wastcoat and afterwards making my Ladies Bed saw there were two Prints had laid the Shirt and Wastcoat were sent by the Duke to the Lord Peterboroug she saith she is a single Woman and was never Marryed this was about Bartholomew-Tide about six Years since she supposes the Bed was stained both by a Man and Woman SImon Varelst saith that he was at Windsor to draw the Dutchess of Norfolks Picture about six Years since and had the Dukes Closet to put his Pictures in when he had done and had been at home two or three days German came to him much concerned and said you can do the Dutchess an extraordinary kindness will oblige the Lord and Lady Peterborough in the highest degree then he shewed me a Letter from the Dutchess to me and read it to me before that he told me there was a Shirt and Waiscoat and they are known to be his He said I desire you to save the Dutchess Honour I desire that you will be so much a Gentleman as to own them to be yours and that you left them there I answered I was much concerned there should be such a trouble but I desired to be excused I could not do it without prejudice He told me the Lord and Lady Peterborough had discoursed the Duke of Norfolk upon it and if it were but my Linnen their discourse had wrought so much on him that if there came but any Evidence to assist them he would
leave off the Pursuit I refusing still he offered me a Purse of Gold and told me I should have my Fortune by it but I still refusing Mr. Germaine he went away very much discontented my own Wife being in the next Room over-heard the discourse between Germaine and me and told it and spoke of it else I had not been here now THOMAS Foster saith that he was Coachman to Mr. Germaine and carried the Dutchess of Norfolk often about two Years since in his Coach and brought her home and the Footmen have had four Half-Crowns given them and Martin a Dutchman his helper called it Hush-Money It was by Night against a Light that he saw her Face in the Coach it was about Seven or Eight of the Clock at Night about this Time a Year he hath seen her Face once in the Day-time she looking out of a Sash-Window two Stories high in Germain's House in Park-Street he knows her Face well enough he hath seen her before and since she was Married EDieth Sawbridge saith that the Tuesday following this unhappy Discourse concerning the Dutchess of Norfolk Mrs. Sturton came into her Chamber and she telling her what had happened at Windsor Mrs. Sturton replied this was nothing but what she expected before now the Witness replied that if she the Witness had been as near the Dutchess as the said Mrs. Sturton she would have prevented all this to which Mrs. Sturton said would you have had me whipt at the Carts-Arss The Discourse we had was that Mrs. Knifton told her when I came from London on Fryday Night that she told me she was glad I was come for she expected her Throat to be cut every Night since my Lord Duke went to Fortsmouth I askt her the Reason of her Fear she answered Germain had said with my Lady Dutchess ever since my Lord Duke went to Portsmouth that when he came Home he would hear of it and he would kick her for a Bawd and if she should tell my Lord Germain would cut her Throat I bid her have a Care what she said for these were dangerous Words how can you prove this she said it was very true the Witness asking her Mrs. Knifton how she knew this she said Germain instead of going Home went into the Closet The Witness cannot say that she said all this to Mrs. Sturton but the greatest Part she did say Mrs. Sturton said this was nothing but what she expected before this was the Tuesday after my Lord Duke came from Portsmouth This was about Bartholomew-Tide in the First Year of King James's Reign Her Grace the Dutchess of Norfolks Answer to the Lords in Parliament against a Divorce I MARY Dutchess of Norfolk under Protestation that the pretendid Charge of Adultery against me in the Honourable House of Peers was and is generally 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 Crimes this Protestation being shewed 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 Norfolk for near Fifteen Years he never did till the pretended Charge given against me in the least pretend or intimate unto me that I had injured his Bed but did always Treat me with great Kindness and respect About the Year 1685 at his Request and Desire I did go with him from London to France and there continued with him some Time where his Grace being under an Indisposition and continuing so for some Time he shewed so great Affection to me and put so great Trust and Confidence in me that all such things as were administred to him in Order to his Recovery he did not non would receive any of them but what came from my Hands and 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 in some short Time and bring me home for England and at his parting with me he shewed great Affection to me with Tears in his Eyes said he had a Thousand Pardons to ask me desiring my Patience and that I should return into England to him in some short Time and after his Graces return into England he having Notice from me that my Lodgings 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 Incon●eniency and left me to my Liberty therein before his Parting with me in France as a Testimony of his Love and Affection to me he ordered 400 Pounds Yearly to be paid me out of his own Estate by Quarterly Payment over and above the seperate 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 his own Debts were pressing upon him that if her Daughter meaning my Self would consent that the Mannor of Drayton and other Estates should be settled on him and his Heirs he should thereby be made a happy Man and I coming into England his Grace having put off House-keeping and dwelling in the Countess of Peterboroughs Lodgings in St. James's for about Two Years and in Suing him for Alimony the said Four Hundred 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 Norfolk being at Drayton in Northampton-Shire his Grace did write very Affectionately unto me and that Disturbances happening in Northampton-Shire and those Parts in November 1688 I left Drayton and with the Consent of the Duke went beyond Seas and there continued until sent for by my Father and Mother and then returned to England which was in or about Octob. 1691. with the Dukes consent and then application being made to me by the Duke my Husband to joyn with him in the Sale of Castle-Rising and other Estate I being advised that would be injurious to me would not joyn therein which I humbly apprehend to be the true Cause and occasion of this proceeding against my Honour on the Duke my Husbands part And I the said Mary Dutchess of Norfolk adhering to my Protestation of my Innocense 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 Suing 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 the Respondent doth aver and is ready