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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

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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