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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
grace_n	lord_n	sir_n	william_n	9,182	5	9.4998	5	true

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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

The Dutchess being in a Chair the Maid came running out of Jermaines House after her with a Handbasket Att. Gen. When was this Mr. Bow In April last L. C. J. Are you sure it was the Dutchesses Maid Mr. Bow She gave in Evidence as so in the House of Lords Att. Gen. What is her Name Mr. Bow Frances Knight and she had a Handbasket in her hand Att. Gen. What did you observe in the Handbasket in her hand Mr. Bow I suppose there was Clothes for I saw the Tip of a Coat or Gow● hang out Att. Gen. We have brought this down so far L. C. J. Why All is not within the Statute I must direct the Jury Att. Gen. We have told you when it began First we will call another Witness Serj. Thompson Mary Hall Do you know Mr. Jermaine Mary Hall Yes Sir Serj. Thompson Do you know where he lives Mary Yes At the Royal Cock-pit in Park-street Serj. Thompson Did you ever see the Dutchess of Norfolk in your Life-time Mary I cannot tell whether I did or not for I do not know her so I cannot tell when I do see her Sir Will. Williams They have called about 19 Witnesses for the first 5 we pass them for they did not speak one word of any thing since 86 And for the other they have not proved any one Act in the time of the Declaration betwixt Mr. Jermaine and the Dutchess of Norfolk They have not proved any thing that hath any tendency to it They have not given any manner of Evidence 〈◊〉 there be any thing that hath any Tendency it is that which Jane Wodsworth saith And what is that which she saith why she being a Woman that Sold Ale she had let a Pint Pot go to Mr. Jermaines House so she went for it and the Dutch Woman that lived there directed her to go up the Stairs for the Pint Pot. She Sweareth that she saw the Dutchess of Norfolk and she had a Petticoat on and this is the Evidence that she hath given She doth not pretend that Mr. Jermaine was in the House or in Company with the Dutchess and she appeareth to be a Stranger in the House and yet she must Run up Stairs As for her Reputation she is one of the vilest of Women She would say something in March or May last there is no Act proved by her And she is a vile and Incredible Witness we shall Call Witnesses to shew it Sir Thomas Powis My Lord we will prove And for this Woman Wodsworth we will not onely Call the Person she speak to of this that will Contradict her and tell what she did say but go to her Credit and Reputation So that now my Lord I believe upon the whole Matter we cannot do the Duke of Norfolk more Honour than to acquit the Defendant for it will be more Honour to the Duke of Norfolk to have the Defendant Acquitted than Satisfaction to him by giving him any Dammages whatso Sir W. Williams We will call a Witness one Grace Cooke Do you know Jane Wadsworth Grace Cooke Yes Sir Sir W. Williams Tell my Lord and the Jury what Discourse you and Jane Wadsworth have had together Grace I will she and I had some talk together And she then said I could do them no good for I was mistaken Sir W. Williams When did she tell you this Sitting the Parliament Grace Yes She came in and said I can do them no good For said she I did go into Mr. Jermaine's House and thought I had seen the Dutchess of Norfolk but now I see I am mistaken Sir W. Williams You are a near Neighbour to her Grace Yes Sir Sir W. Williams What is her Reputation Grace I cannot say any thing to her Reputation Sir W. W. Who was by Grace There was another Woman Jane Wadsworth I had a Sub-poena and as I was going to Jermaine's House there was one of his Servants and I had like to have been knock'd down And there was one Hall What said he you are to go to be a Witness What you will swear that the Dutchess lay with Jermaine And another said I deserved to be at Bridewell L. C. J. Who was it that told you that you deserved to be at Bridewell Jane Wadsworth Hosea his Foot-man My Lord it was not a Fortnight since I was robbed And it is not a Fortnight since there came in Persons and threatned and said what they would do to me It is not two Months since that a Person or two did beat me and had like to have knock'd me down And they ran into this Womans House Grace Cook 's Serj. Thompson You are asked if those Persons that had like to have knock'd Mrs. Wadsworth down did not run into Mrs. Cook 's House Witness Yes Serj. Tremaine The Question is Whether what she swore was true Witness She said she was chanceing to go for a Pint-pot to Mr. Jermaine's House and going up the stairs for it I thought I had seen the Dutchess of Norfolk then there but I see it was not she And one Hosea Grimsley asked if she was sure of what she said was true she said she would not say it for the World Attor Gen. What Trade are you Hall A Joyner Att. Gen. Are not you imployed by Mr. Jermaine Hall Yes Att. Gen. How long since Hall Why ever since King William was Crowned Att. Gen. Have you been ever since imployed by him Hall No by times I have been Att. Gen. Upon your Oath Who did you hear this Lady was that used to come to Jermaine's House Serj. Levings By the Oath you have taken Did not you hear it was reported it was the Dutchess of Norfolk Hall Yes Sir Serj. Birch Did you not whisper daily in the Ear and say That you believed her to be the Dutchess of Norfolk Hall I cannot remember Serj. Pemberton Was that Woman in such a Condition as she saith she was Hall No I think that ●he was in as good Condition as she is now Serj. Thompson That could not be she was fain to be carried in a Chair to the House of Lords Serj. Tremain We will call one Hall Tell my Lord and the Jury what you heard Foster the Duke of Norfolk's Coachman say of Mr. Jermaine Hall Why he said Mr. Jermaine had done very ill in turning him off in Ireland and he would be revenged of him Tho. Foster My Lord Mr. Hall and I were speaking something of the Duke and Dutchess of Norfolk Then I said to him that Mr. Jermaine had done very ill by me in turning me off in Ireland but I did not say I would be revenged of him I chanceing to go to Spring Garden I saw Thomas Foster carrying Water to the Horses that were in the Stable and after he and I had spoke to one another What said he will not you make me drink this Morning I told him I did not care if I did and so we went to drink Now said I to him Thomas are

bare Knee and he Att. Gen. Was she lying down Marg. Elwood Yes and the Saturday after I did see Mr. Jermaine come in and he laid his Hat on the Table and unbottoned himself and went to Bed to her L. C. J. How do you know that Marg. Elwood I opened the Drawing-room Door and looked through the Key-hole of the other Door where they was and saw them go to Bed L. C. J. How do you know he was in Bed with her Marg. Elwood Why I saw them for there was a Wax-Candle in the Chamber and I could see them easily L. C. J. What time was this you say you saw them in bed had they no Curtains Marg. Elwood Yes my Lord they had tho' they were drawn on both sides the Bed they left them open at the foot Did you ever pretend this before Marg. Elwood Yes I did Did you ever swear this before Marg. Elwood Yes my Lord in the Parliament I did Sir Tho. Powis You have lived in several places since did you never tell any bodies Servant M. Elwood To no body but Mrs. Web And my Lady gave Orders next Morning that I should be put away but she heard no more of it but I staid Att. Gen. Do you know any thing else Marg. Elwood I was making my Lady's Bed with one Ann Burton and I found Mr. Jermain's Handkerchief and Ruffles in the Bed at one time Att. Gen. Do you remember any Shirt and Wastcoat that was found Marg. Elwood Yes L. C. J. Did you find his Handkerchief and Ruffles in my Lady's Bed Marg. Elwood Yes L. C. J. Did you never see him come down Stairs Marg. Elwood No my Lord. L. C. J. It is very much you never saw him come down Stairs M. Elw We set Traps for him to fall over but he never came down to fall over them Serj. Tremaine Do you know of any thing but in the first Year of King James Marg. Elwood No my Lord not I. Att. Gen. We will call another Witness Mrs. Benskin I think Mrs. Benskin you are married Mrs. Benskin Yes Att. Gen. What is your Christian Name Mrs. Bens Ann. Att. Gen. Pray tell my Lord and the Jury what you know Mrs. Bens My Lord I was House-maid and Servant to the Dutchess in the first Year of King James's Reign about Bartholomew-tide my Lady Dutchess went to London with Jermaine Nell Gwynn and some others and we did not expect them to come home that Night but she did and after they went to Supper after that they went to Cards and then my Lady Dutchess had a great mind to go to Bed and desired us to make her a Fire and so we did and my Lady went to Bed and said Tho' the King and Queen should send for me I would not rise till Eleven a Clock to Morrow-morning So the Candles were put out and two Footmen stood to wait because Mr. Jermaine used to be generous to the Servants and they waited till Two a Clock in the Morning I asked them whether Mr. Jermain had come down and they said No for they had been there all the while and if he came he could not go for they said we have laid Chairs and Stools in the way that if he come he might fall over them and the next Morning I saw a Man with a Paper-Box in his hand and he asked me for Mr. Jermain's Chamber or Lodgings I told him I knew none he had there My Lord the next day my Lady Dutchess ordered me to make her a Fire and Mrs. Kniveton was Combing her Head and Nell Guynn came in and said Good Morrow to your Grace how did you rest last Night She said Well Then Col. Cornwal came in and said to my Lady Dutchess How doth Mr. Jermain do And she said Why do you ask me And Col. Cornwal said He did not lye at Home last Night Then Nell Gwynn said We shall see him come out by and by like a drowned Mouse And so I went to make my Lady Dutchess's Bed and found a Handkerchief and Ruffles And Mrs. Kniveton came and said Come hither and I will shew you a sight and when I came there lay a Shirt and Wastcoat and I took them away because it was a place where any body as they came might see them And my Lord Duke was not in Town Att. Gen. How came you to take notice of the Ruffles and Handkerchief Ann Bens Why Mrs. Kniveton said it was a Man's Ruffles Sir Tho. Powis How long was this since in 85 had there not been an Appeal Ann Bens Yes there was Serj. Birch Was there any thing remarkable in the Bed Ann Bens The Bed was stained Sir Tho. Powis What is your Name now Benskin Ann Bens Yes Sir Tho. Powis What was your other Name Ann. Bens Burton Sir Tho. Powis Was you ever married Ann Bens Sir you know I could have no other Name if I were not married Sir Tho. Powis You have lived in several places Ann Bens I have lived with my Lord of Clare and my Lord Ferres Serj. Birch Did Jermain go by any other Name than he goeth by now Ann Bens Not as I know of Att. Gen. We will call another Witness Thomas Hudson Do you know the Dutchess of Norfolk and Mr. Jermain Tho. Hudson Yes Att. Gen. Pray what did you observe betwixt the Dutchess of Norfolk and Germain Tho. Hudson Sir I was a Servant to Mr. Scroggs that was the Dutchess's Steward and so he going away upon other business I was left Butler at Windsor so there came two Captains to play at Cards and one Captain asked if Mr. Jermain was there I told him No. Now his Man as I heard after had brought Jermain a Shirt and Wastcoat for as soon as his Man was gone we found the Wastcoat and foul Shirt And the same day the Dutchess treated the Queen at Windsor When was this Tho. Hudson It was in the Year 1685. Sir Tho. Powis Was this in the Year 1685. Tho. Hudson Yes it was so for I took it down in my Book Mr. Jones Did you swear all this before the House of Lords Tho. Hudson Yes but only the Day of the Month I could not well remember then but I refreshed my memory since Serj. Thomp We will call Mrs. Hastings and Elizabeth Knave Mrs. Frances Hastings do you know the Dutchess of Norfolk or Mr. Jermain Mrs. Hastings I knew nothing of them but that they lay at my House Att. Gen. Did you know Mr. Jermain Mrs. Hastings I saw him but once Att. Gen. Did you ever see Mr. Jermain lye at your House Mrs. Hastings Yes Att. Gen. When Mrs. Hastings The first Year of King James's Reign Att. Gen. How long Mrs. Hastings A whole Summer Att. Gen. We will call another Witness Elizabeth Knave Did you ever live with Mrs. Hastings Eliz. Knave Yes Att. Gen. How long Eliz. Knave A whole Summer Att. Gen. Did you ever see the Dutchess of Norfolk Eliz. Knave Never Att. Gen. Did you ever