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A94886
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A True account of the proceedings before the House of Lords (from Jan. 7, 1691 to Feb. 17 following) between the Duke and Dutchess of Norfolk, upon the the duke's bill entituled An act to dissolve the marriage, &c. occasioned by two libellous pamphlets lately published, and dispersed under the same pretence and title.
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1692
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Wing T2393A; ESTC R42600
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43,859
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44
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Hudson Examined on the behalf of the Duke of Norfolk against the Dutchess THomas Hudson saith That the Duke of Norfolk being at Portsmouth he was Butler at Windsor when Germaine and the Dutchess and Cornwall went to play Germaine sent his Footman for clean Linen which he brought the next Morning Mrs. Gwin said to the Dutchess The Dog would have lain with me but she would not lay the Dog where the Deer laid for she knew my Lady Dutchess would accept of him after that he saw a Shirt and a Wascoat 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 my Lord Peterborough's Lodging and threaten'd me that he would prefer me to his Brother Richards who turn'd me off in Germany This was he thinks in December or September 1685 Mrs. Gwin spoke this in the Green Room and he was in a Closet hard by and the Door open and so heard it Witnesses sworn on the behalf of the Dutchess for Invalidating the Testimony of Thomas Hudson WIlliam Purchase saith That he knows Thomas Hudson who he says was never Butler to the Duke of Norfolk either at Windsor or any other place He the Witness was Under-Butler himself Keymer was Butler in 1685 and the Witness was Under-Butler He saith Hudson waited on the Gentleman of the Horse and the Steward he was not the Duke's Servant nor waited at the Table that he knows of he was never suffer'd to come into the Room when the Duke or Dutchess was at Play He saith he the Witness was not at Windsor at the time when the Duke of Norfolk was at Portsmouth but he was sent to Drayton in Northampton shire and was then the Dukes Servant as Under-Butler he knows not that Keymer was he saith he is now Servant to the Lord Peter borough Col. Jacob Richards saith That he knows Tho. Hudson he was his Servant he was recommended to him by Mr. Cragg he was his Footman he believes he was in his Service four Months he parted with him because he found him a tricking Fellow he told him his Brother Cragg was to be kill'd by one Curry and another Irishman He the Witness writ to his Brother Cragg and he advis'd the Witness to part with him for he did not think him fit to be trusted in his Travels whereupon he paid him his Wages and gave him Money to bear his Charges to England and sent a Trunk by him One Mr. Negus travell'd with the Witness and his Father who then and now lives with the Duke of Norfolk writ to us that he did not think it fit for us to keep such a Servant for he was a dangerous Fellow or to that effect Hudson never own'd any thing of the Adultery to the Witness but positively declar'd to him he knew nothing of it This was in January 1685. He saith that Cragg writ him word that Hudson must needs be a Tricking Knave He negligently told the Witness this of the Adultery Curiosity made him ask it of him for he had liv'd with the Duke and Dutchess and it was natural for him the Witness to ask such a Question He saith he believes Hudson saw some of his Letters He saith there were printed Papers in the Trunk he sent but nothing of any considerable value He saith Hudson never cheated him of any thing that he knows of he hath trusted him with a 100 l. at a time The Trunk was deliver'd in England and he believes he knew what was in it He saith that asking Hudson whether he knew any thing of the Adultery charg'd on the Dutchess of Norfolk Hudson said he knew nothing of it He the Witness told him that it was said that it was he that had betray'd the Dutchess he said it was a false Accusation for he knew nothing of it Observations upon the foregoing Evidence HUdson swears himself the Duke's Butler at Windsor William Purchase swears that Hudson was never the Duke's Butler Hudson says that they went to Play and that he overheard Mrs. Gwin out of a Closet saying as in the Evidence Mrs. Gwin is a dead Witness and Hudson but a Closet Witness which is little better now Purchase says again that Hudson was never suffered to come into the Room where the Duke or Dutchess were at Play Hudson says likewise that the Servants murmur'd amongst themselves that my Lord was wrong'd and that he told my Lord of it Colonel Jacob Richards Deposes that he himself telling Hudson of a Talk that he had betray'd the Dutchess and speaking of a Noise of the Adultery Hudson made Answer that it was a false Accusation and he knew nothing of it Now as to Hudson's Credit he was Colonel Richards's Footman who turn'd him off as a Tricking Fellow and not fit to be trusted Mr. Negus the Duke's Servant both then and now was of the same Opinion too and advised by Letter the putting of him away as a dangerous Fellow This Story of Mr. Germain's sending his man for clean Linnen over Night and the bringing it next Morning has little in it even supposing the Fact to be true First the Order was given bare fac'd and Consequently no Mystery in it Secondly there was a Set Company at Play and that was not an opportunity for a Love-Intreague Thirdly it is no new thing for People to Sit up all Night at Play and change their Linnen next Morning without any offence to Honesty or good Manners where they may have a Privacy so to do it And if my Lady's Woman and Ann Burton took away the Shirt and Wastcoat as he says they did there 's no great hurt in that neither tho' it 's much to have three such Confidents to such a Secret an under Foot-man Privy to the Intreague of Germain's Man going and comeing and raking in the Womens Closet among the Linnen But still the only Proper Witnesses are kept behind the Curtain Ann Burton indeed is produced and we shall see what kind of Evidence she proves her self in the next Place Ann Burton examined on the behalf of the Duke of Norfolk against the Dutchess ANN Burton saith she was Servant to the Duke and Dutchess of Norfolk When the Duke was gone to Portsmouth she was at Windsor when my Lady went to London with Germain When my Lady came home after Supper she was in great hast to go to Bed when she was undrest she said she would Lock us out because she would not be disturb'd before Eleven a Clock the next Morning tho' the King and Queen should come Hudson told her Germain 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 the next Morning when Germain's Man came with Linnen he said his Master was there My Lady ordered a Fire to be made in my Lord's Room where when she was come
I shall and do under the Matters and Qualifications hereafter mentioned answer and say hereby affirming That having been marryed to his Grace the Duke of Norfolk for near 15 Years he never did till this pretended Charge given against me in the least pretend or intimate unto me that I had ever 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 puâ— so great Trust and Confidence in me that all such things that were administred 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 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 Inconveniency 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 400 l. yearly to be paid unto 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 Peterborow and with great Observance and Respect ask'd her Blessing and told her he had left me well and safe in France and said that his own Debts were pressing upon him but if her Daughter meaning my Self would consent that the Mannor of Drayton and other places should be setled upon 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 Peterborow's Lodgings in St. James's for about two Years and I suing him for Alimony the said 400 l. 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 Alimony if I had been guilty And I the said Mary Dutchess of Norfolk being at Drayton in Northamptonshire his Grace did write very affectionately to me And that Disturbances happening in 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 which was in or about October 1691 with the Duke's consent And then Applications being made to me by the Duke my Husband to join with him in the Sale of Castle-Rising and other Estates But I being advised this must be injurious to me could not joyn 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 Norfolk 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 my Misfortune to be thus accused I had rather stand charg'd for High-Treason before your Lordships than with this Ignominious Crime In the Charge for High-Treason the manner of Tryals and the ways of Proceedings 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 suppos'd and alledg'd to be committed seven Years past in another Reign after publick Indemnities in the Sessions of Parliaments many Sittings of Parliaments and Dissolutions of others without mentioning this Crime against me My Counsels are to seek how to advise my Defence in the Proceeding being altogether strange and without President or Example I find my Prosecution now to be very violent and my Proceeding to be very swift upon me having had but one Night to prepare my Answer to this General Charge I do in this Place publickly declare I am Innocent of what is objected to me and am not guilty of defiling my Husband's Bed I am not guilty of the Crime charg'd against me I hope being thus accused I may without Vanity and Vain-Glory say what is well known That I am not only the Duke of Norfolk's Wife but also Born and Descended from Parents and Ancestors of the Ancient Nobility That your Lordships Ancestors and my Ancestors who sat in this House knew no such Proceeding it is with regret that I bring this Answer for my Self and against my Husband but it being my Defence I hope you will excuse me And if your Lordships shall in your great Wisdom proceed farther in this matter I hope and do most heartily pray that I may hereafter have convenient time to make my Proofs and full Defence and then I doubt not of your Lordships Justice to me as well as for my Husband who Sits and Votes with your Lordships M. Norfolk Upon the delivering the said Answer the next Day the following Order was made Die Veneris 22 Januarii 1691. IT is Ordered by the Lords Spiritual and Temporal in Parliament assembled That his Grace the Duke of Norfolk shall produce his Witnesses to Morrow at Ten of the Clock in the Forenoon to be sworn And that her Grace the Dutchess of Norfolk do attend this House by her Self or Proctor at the same time and may have Orders for Witnesses if she pleases Matth. Johnson Cler ' Parlimentor ' Accordingly 23 January 1691 the Duke's Witnesses were produced and whose Names are as followeth Margaret Ellwood Ann Burton Rowland Owen Thomas Hudson Simon Varelst Peter Scriber John Reynolds Thomas Lloyd Andrew Anderson Thomas Foster Margaret Foster Jane Wadsworth Mary Boyle Rice Jones Ann Jones John Hoskins John Hall Mary Hall William Baily John Wood Richard Owen Henry Dagley William Miles John Colvin After these several