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A40626 The full trial between Henry, Duke of Norfolk, plaintiff, and John Germaine, defendant at the Kings-Bench Barr at Westminster on Thursday, Novemb. xxiiii, in Michaelmas-term, 1693. Norfolk, Henry Howard, Duke of, 1655-1701.; Germain, John, Sir, 1650-1718.; England and Wales. Court of King's Bench. 1693 (1693) Wing F2377A; ESTC R35697 20,995 14

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THE FULL TRIAL BETWEEN Henry Duke of Norfolk PLAINTIFF AND John Germaine Esquire DEFENDANT AT THE Kings-Bench Barr at Westminster On Thursday Novemb. xxiiii in Michaelmas-Term 1693. LONDON Printed in the Year 1693. THE TRYAL c Councel for the Plaintiff Mr. Attorney General Mr. Solliciter General Mr. Serjeant Levins Mr. Serjeant Thompson Mr. Serjeant Burch and Mr. Bannister Councel for the Defendant Mr. Serjeant Pemberton Mr. Serjeant Tremaine Sir William Williams Sir Thomas Powis Mr. Serjeant Girdler Sir Bartholomew Shoare Mr. Iones Secondary Cryer call the Defendant Iohn Germaine Esq Cryer Iohn Germaine come forth and make your Defence or else you wil be taken by your Default Councel We appear Secondary Cryer Call the Jury Cryer Gentlemen of the Jury answer to your Names Sir Michael Hen●…age Knt. Sir Thomas Gra●…tham Knt. Sir Charles Hump●…revel Knt Sir William Hill Knt. Ralph Haughtry Esq Robert Shesfield Esq Hugh Squire Esq Iohn Cu●…gs Esq Charles Prior. Richard Craddock William Withers Esq Richard Pag●… Esq Clerk of the Papers HENRY Duke of Norfolk is Plaintiff and Iohn Germaine E●…que is Defendant The Record sets forth For that he the said Duke now●…s and for several Years last past hath been and more especiall for the space of Four Years last past enstated one of the Knights of the G●…rrer and Lord Marshal of England and hath been of good Name Fame and Convers●…tion and hath not only gained the good Will Esteem Credit and Affection of all Their Majesties Liege People as well Neighbours and others But also of the King and Queen who chose him to be one of Their Majesties Privy-Councel The Defendant not being ignorant of the Premises but endeavouring to grieve the said Duke and not only to bring him into Disgrace and Contempt with the late King Iames the II. and his Subjects but also with the King and Queen that now is and all their Liege Subjects The First day of August in the Second Year of the late King Iames the Second and divers times afterwards the Desendant without the leave of the said Duke hath unlawfully kept Company with the said Dutchess and by Lascivious Tricks and Obsequious Glances Winks and Nodds and other Lascivious Ways and Means and by fair Inticements and 〈◊〉 committed Adultery with the said Dutchess and caused her for to commit Adultery and caused the said Dutchess for to absent from the s●…id Duke and the said Dutchess against the Will of the said Dutchess did detain by reason whereof he is not only deprived of the Society of his Wife and of other Advantages in managing his Domestick Affairs but also he the said Duke being so troubled and disquieted in his Mind that he could not attend the necessary Affairs of this Realm as he ought And this he layeth to his D●…mage 100000 l. The Defendant pretendeth That he is not guilty of any thing within this Six Years The Plaintiff he cometh and replyeth and saith That he is guilty within this Six Years Your Issue is to try whether he was guilty within this Six Years before the 26th Day of May last past Mr. Bannister May it please Your Lordship and You Gentlemen of the Jury This is an Action brought by Henry Duke of Norfolk against one Iohn Germaine The Plantiff setteth forth That the First day of August in the Second Year of the Reign of the late King Iames the Desendant did by unlawful ways and means intice away his Dutchess by which means he had not the benefit of her Society and by his Lascivious Conversation committed Adultery with her and caused her to commit Adultery and this he layeth to his Damage 100000 l. If we prove he did so we hope you will give us good Damages and Cost May it please your Lordship and you Gentlemen of the Jury This is a very Melancholly 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 of England 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 Councel and he to be so abused perhaps none sound any such Cause to come before any Court 〈◊〉 〈◊〉 a very hard thing for 〈◊〉 〈◊〉 this Case is ●…o produce strong ●…nd pregnant Evidence but our Proof●… are such ' as I am ashamed to repeat them but desire the Witnesses may tell your Lordship 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 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. I. As to the time Serj. Tremaine They would make this a sort of a running Account Sir Will. 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. I. If the Witnesses be not heard it is impossible to tell whether it be within the Statute of Limitations Mr. Ius 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 they are to take notice of If they open Evidence that goeth beyond Six Years I hope your Lordship will not su●…er them to do that Mr. Serj. Thompson Here are Anticipation Directions and what not Attorn Gen. We will call Witnesses if your Lordship please Come Rowland Owen do you know the Dutchess of Norfolk Rowland Owen Yes Attorn Gen. Do you know Iohn Germaine Rowl Owen Yes very well I have seen him several times Dine and Sup at my Lord Duke's House Attorn Gen. Tell what Familiarity you have seen pass between the Dut●…hess and Germaine Rowl Owen I was ordered by one Henry Keamer to go down to White-hall with Plate and T●…ble-Cloath and to go to the Blue-Posts for some things and then to go down to W●…e-Hall there was a Supper to be that Night and then I went down to White-Hall Then when I came there at my Lord Duke's Apartment I opened the Door and afterwards going into a Room I saw Mr. Germaine and the D●…chess in Be●… together and the Dutchess pushed me out and asked me how I durst be so imp●…dent as to come in and chid me Lord Ch Iust. Who chid you Attorn Gen. He saith my Lord the Dutchess of Norf●…lk Serj. Tremaine Pray when was this Rowl Owen About Seven Years since Serj. Tremaine Owen you speak something of a Supper and that you went down to White-●…ale who gave you the Key Rowl Owen One Henry Keamer Sir T. Powis What are you a Street Porter Rowl Owen I am Usher of the Hall Attorn Gen. You are Servant to the Duke are you