Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	duke_n	lord_n	norfolk_n	3,322	5	11.7583	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A63167	The tryal between Henry Duke of Norfolk, plaintiff, and John Jermaine defendant in an action of trespass on the case at the court of Kings-Bench at Westminster, on the 24th of November, 1692.	Norfolk, Henry Howard, Duke of, 1655-1701, plaintiff.; Germain, John, Sir, 1650-1718, defendant.; England and Wales. Court of King's Bench.	1692 (1692)	Wing T2173; ESTC R12624	20,022	22

THE TRYAL BETWEEN Henry Duke of Norfolk PLAINTIFF AND JOHN JERMAINE DEFENDANT IN AN Action of Trespass on the Case AT THE ●●urt of KINGS-BENCH at Westminster on the 24th of November 1692. By the Direction of his Grace the Duke of NORFOLK LONDON Printed by H. Hills and are to be Sold by the Booksellers of London and Westminster 1692. The TRYAL between Henry Duke of Norfolk Plaintiff and John Jermaine Defendant in an Action of Trespass on the Case at the Court of King's-Bench at Westminster Novemb. 24. 1692. THE Declaration was in Trinity-Term the Fourth of William and Mary King and Queen To which the Defendant pleaded Not Guilty within six Years And it is replied That it is within six Years whereupon Issue was joined and a Jury of 24 Knights and Esquires being returned 12 did appear at the Bar and were sworn Viz. Sir Michael Heneage of St. Andrew's-Holborn Sir Thomas Grantham of Sunbury Sir Charles Humfrevill of Westminster Sir William Hill of Teddington Ralph Hawtry of Buxship Esquire Robert Sheffield of Kensington Esquire John Pagett of Drayton Esquire Hugh Squire of Westminster Esquire John Coggs of St. Clement Danes Goldsmith Charles Pryor of High-gate Esquire Richard Craddock of Hornsey Esquire And William Withers of Cripplegate Esquire After the Jury were sworn the Council for his Grace the Duke opened the Cause which were as followeth Viz. Mr. Attorney-General Mr. Solicitor-General Serjeant Thompson Serjeant Levings Serjeant Birch And Councellor Banister The Defendant's Council were Serjeant Pemberton Sir William Williams Sir Thomas Powis Serjeant Tremaine Sir Bartholomew Shore Mr. Jones And Mr. Dolbin Mr. Banister May it please your Lordship and you Gentlemen of the Jury this is an Action brought by Henry Duke of Norfolk against one John Jermaine The Plaintiff sets forth That the First of April in the Second Year of the Reign of the late King James the Defendant did by unlawful Ways and Means Intice away his Dutchess by which means he had not the benefit of her Society and by lascivious Conversation committed Adultery with her and caused her to commit Adultry And this he layeth to his Dammage 100000 l. If we prove that he did do so we hope you will give us good Dammages and Costs Mr. Att. Gen. May it please your Lordship and you Gentlemen of the Jury this is a very melancholy thing to be told yet it is fit the Age we live in may know it so as the Offender may be punished The Duke of Norfolk is the first Duke in England Enstalled Knight of the most Noble Order of the Garter Lord High Marshal of England and one of the Lords of Their Majesties most honourable Privy Council And he to be abused perhaps none found any such Cause to come before any Court. It is a hard thing as this Case is for us to produce strong and pregnant Evidence But our Proofs are such as I am ashamed to repeat them but desire the Witnesses may tell your Lordships and the Gentlemen of the Jury what they know It was not kept secret but it was known so as all the Kingdom did ring of it and how the Defendant had the Dutchess frequently to his House and how they lived in Adultery My Lord we will take that Method that is most plain Att. Gen. My Lord it will be necessary to give your Lordship an Account of something of the beginning of this Matter L. C. J. As to the Time Serj Tremaine They would make this a sort of a running Account Sir W. Williams It must be within six Years before the 26th of May last if they will prove any Adultery before it is nothing L. C. J. If the Witness be not heard it is impossible to tell whether it be within the Statute of Limitation Mr. Just. Eyres If we hear it and find it out of time then when we have heard it we can tell the Jury how it is whether it be within the time and they are to take notice if they open Evidence that goeth beyond six Years I hope your Lordship will not suffer them to do that Mr. Serj. Thompson Here are Anticipations Directions and what not Att. Gen. We will call our Witnesses if your Lordship please Come Rowland Owen Do you know the Dutchess of Norfolk Rowland Owen Yes Att. Gen. Do you know John Jermaine Rowl Owen Yes very well Att. Gen. Pray tell my Lord and the Gentlemen of the Jury what you know of him R. Owen I have seen him several times Dine and Sup at my Lord Duke's house Att. Gen. Tell what Familiarities you have seen pass between the Dutchess and Jermaine Rowl Owen I was ordered by one Henry Keymer to go down to Whitehall with Plates and Tablecloth and he would go to the Blew Posts for some things and there was a Supper to be that Night then to go down to Whitehall Then I came there at my Lord Duke's Apartment I opened the Door and afterwards going into a Room I saw Mr. Jermaine and the Dutchess in Bed together and the Dutchess pushed me out and asked me how I durst be so impudent as to come in and chid me L. C. J. Who chid you Att. Gen. He saith my Lord the Dutchess of Norfolk Mr. Serj. Tremaine Pray when was this Rowl Owen About 7 Years since Mr. Serj. Tremaine Owen you speak of something of a Supper and that you went down to White-hall Who gave you the Key Rowl Owen One Henry Keymer Sir Tho. Powis What are you a Street-Porter Rowl Owen I was Usher of the Hall Att. Gen. You were Servant to the Duke were you not R. Owen Yes Sir Tho. Powis Were they at Supper that Night Rowl Owen I cannot tell Sir Tho. Powis You carried down Plates Rowl Owen Yes Sir Tho. Powis This you say was 7 Years ago Who did you tell it to Rowl Owen To the House-keeper Sir Tho. Powis Who was she Rowl Owen One Mrs. Webb Sir Tho. Powis Did you tell no body else Rowl Owen No indeed I will not lye Att. Gen. We will call another Witness Margaret Elwood Do you know the Dutchess of Norfolk Marg. Elwood Yes my Lord. Att. Gen. Do you know John Germaine Marg. Elwood Yes my Lord about 7 Years since but I do not know whether I know him now Att. Gen. Pray tell my Lord and the Jury what you know Marg. Elwood It was my business being House-keeper to look after my proper Affairs and I being called down I saw my Lady and Jermain and I saw my Lady in an ill posture upon the Stools and my Lady said to Jermaine Kick her Mr. Serj. Thompson Tell how you saw her Marg. Elwood Why when I saw her I saw her bare Knee and Jermaine was near to her and then I came away she being angry and so he came from her Court Was his Breeches down Marg. Elwood His Breeches was down and his Hat and Sword lay upon the Table Att. Gen. What Posture was the Dutchess in Marg. Elwood I saw her

to have a great Equipage this I do not like I hear said he she is about to have a Coach Horses and two or three Footmen And this is not all there is Castle Rising that my Wife hath a pretension to and Billing Now if she will part with her pretensions in them I shall take it well and it may be for our good and we may be reconciled I know Drayton is a Seat that she hath a kindness for Pray tell my Wife of it and let her consider of it if she be willing to comply with me in this I shall And said he I am told if I bring a Bill of Divorce into the House of Lords it would take effect And so I went from the Duke of Norfolk to the Dutchess and told her what the Duke said And my Lord of Peterborough hearing of it he was angry that I went to the Duke Sir W. W. Did you acquaint the Dutchess that if she would part with her pretensions in Castle Rising and Billing all things might be reconciled Mr. Welburne I did The Bill of Divorce was lodged in the House of Lords in January following There is one thing my Lord that the Duke said that I had forgotten he did speak of 2500 l. or some such thing he could make of Castle Rising and Billing Att. Gen. My Lord we will call some Witnesses as to Mrs. Wadsworth's Reputation because they speak against it Mr. Dagley Senior Do you know Mrs. Wadsworth Mr. Dag Yes Att. Gen. Pray what Reputation is she of Mr. Dag Very good Reputation Att. Gen. Was she ever upon the Parish Mr. Dagley Never in her days Att. Gen. Mr. Prince Pray do you know Mrs. Wadsworth Mr. Prince Yes Sir Att. Gen. What is her Occupation Mr. Prince A pains-taking Woman Att. Gen. What Reputation is she of Mr. Prince Of good Reputation Wadsworth My Lord I would not live with Penington any longer for she kept a disorderly House One of the Jury Pray what is that she saith L. C. J. She saith Mrs. Penington with whom she lived kept a disorderly House Jane Wadsworth My Lord I kept House and paid 60 l. a year for the Bear-Inn and my Lord my Husband lay sick a great while and he having a mind to go into the Country for his Health I had 15 s. of the Church-Wardens or Overseers and that was all that ever I had Att. Gen. We will call another Witness one Emry Argus Pray how long have you known Mrs. Wadsworth Mr. Argus Many years Att. Gen. What Reputation was she of Em. Argus She was always accounted an honest laborious pains-taking Woman Att. Gen. Whether did she keep the Bear-Inn Argus She did Att. Gen. Was she ever kept at the Parish Charge Argus No. Att. Gen. Was she ever in the Poors-Book Argus No. Att. Gen. We have proved by three substantial People who all say that she was always accounted an honest laborious Woman L. C. J. Do you observe what you have proved You have proved no Lascivious Conversation because you speak of that in the opening of the Evidence You have not proved any Lascivious Conversation within this 6 years Att. Gen. The Court saith that we have not proved the Dutchess to go beyond Sea We will call a Witness Mr. Negus Pray did the Dutchess go over with the Duke The Duke came back did the Dutchess come with him Mr. Negus The Dutchess came over again in 86. after that she stayed in England some time And about the time of the Revolution then it was given out that she was gone over again Att. Gen. What time was it that you heard she came back Mr. Negus In 89. I can inform the Court if they please the time when my Lord was sued for Alimony A Letter was then read in Court from the Duke to the Dutchess Serj. Thompson This Cause hath been in the House of Lords The Question whether they believed or not believed was not the Question but they would have some time to make some proofs at Law Att. Gen. For as all unlawful Conversations must have a beginning it is necessary we should shew something of that and the Time and that doth fortifie the Evidence that is given within the time Sol. Gen. Pray my Lord if your Lordship pleases this is the use we make in giving in Evidence some things before to shew the Fact within the six years their frequent meeting in a lascivious manner and we make use of that before the 6th year to explain what use we make of it in matters done within the six years Serj. Tremain I do Appeal to your Lordship and all that hear me whether within this 6 years they have proved any Lascivious Action or any indecent Action so that this will not Charge the Defendant For if the Dutchess will come to his House when he is not at home he cannot help it All the Proof is without the 6 years and no Proof within the 6 years to Charge him to inflict such a Crime if they had carried it down as to have proved Acts within this 6 years I should have said they had done something L. C. J. Have you done Gentlemen of the Jury You understand very well the Nature of this Action and the Record hath been opened to you which was to this effect That the Defendant the Ist day of April in the 2d year of King James did entice away the Plaintiffs Dutchess whereby he had not the benefir of her Society and that he had Lascivious Conversation with her lived in Adultery with her and caused her to Commit Adultery The Defendant pleaded That he did not Commit any thing within this six years what hath been before is not now to be taken notice of But the Plaintiffs Council hath given in Evidence of some Acts before which is not for any Damage as they expect before but to Explain some Actions that have been between them For my part I must declare that these matters may be given in Evidence to Explain but they are not to be given in Evidence to any other purpose The first Witness is one Owen and he telleth you that he was sent to Whitehall and he saith That he went into the Lodgings there and then he did see the Dutchess and Jermaine in Bed together Then there is another Witness proves it at another time and place that is Margaret Elwood and she telleth you in what manner she found the Dutchess and Jermaine and Jermaine was very Angry at her and that his Hat and Sword lay upon the Table And you are told by her that looking through the Key-hole she perceived them in Bed she said the Curtain at the Beds-Feet was actually open and she saw them in Bed together and found Jermains Hankerchief and Ruffles in my Ladies Bed The next Witness is one Ann Benskin and she saith They were in expectation of him one Night at Windsor They stay'd up till Two a Clock and laid Chairs and Stools in his way that