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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
lord_n	bill_n	house_n	pass_v	12,480	5	7.4741	4	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

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

me Then I came to be a Witness Serg. Thomps Mrs. Pennington How came she to you first of all Mrs. Penning She was recommended to me first and she being minded to go away soon after she came I said Iane if you will go go and then I observing when she went away hee Cloaths about her to be trussed up I walked after her into Danes-yard I said to her Iane What have you in your Coats and there I found my Linnen We will ca●… another Witness Mrs. Pennington's Maid Mrs. Penington ' s Maid I saw all the Linnen that my Mistress took from her as she said Att. Gen. Did you see any Mrs. Pen. Maid Yes Att. Gee Whose was it Mrs. Pen. Maid My Mistress Att. Gen. She told you so Mrs. Pen. Maid Yes Councils for the Def. We will call the Defendants Man William How How long was your Master in Fland●…s W. H●… A M●…th Council for the Def. Was you and your Master with the King in Ireland W. How Yes we went with him and came back again with him Sir W Williams It 's said he was at Fox-Hall about three Years since W. How We was out of the Kingdom four Months Sir T. Powis There is no material Witness but what this Woman is Now we will call another Witness Pray Mr. Welburne tell my Lord and the Jury what Discourse you have had with the Duke of Norfolk concerning his Dutchess Mr. Welburne My Lord about the m●…ddle of December last my Lord Duke was pleased to send for me to come to him and so I came to Mr. Negroe's and he brought the Duke of Norfolk into his own Room to me said he to me there are some Treaties betwixt me and my Wife Sir Robert Clayton and Sir Robert H●…ward are concerned in them There is one thing that I find my Wife is setting up 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 said he there is Castle-R●…sing that my Wife hath a Pretention to and of Bestoe-B●…lling now if she will part with her Pretentions in them I shall take it well 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 take it well 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. Williams Did you acquaint the Dutchess That if she would parr with her Pretentions in Castle-Rising and Billingal all things might be reconciled Mr. Welburne I did The Bill of Divorce was lodged in the House of Lords in Ianuary then following Mr. Welb. There is one thing my Lord that the Duke said that I had forgotten he did speak of 25000 l. or some such thing he could make of Castle-Rising and Bestoe-Billing Att. Gen. My Lord we will call some Witnesses to Mrs. Wadsworth's Reputation because they speak against it Mr. Dugly Do you know Mrs. Wadsworth Mr. D●…gly Yes Att. Gen. Pray What Reputation is she of Mr. Dugly Very good Reputation Att. Gen. Was she ever upon the Parish Mr. Da●…ly 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 Good Reputation Mrs. Wadsworth My Lord I would not live with Mrs. Pennington any longer for she kept a disorderly House One of the Iur●… Pray What is that she saith L. C. I. She saith that Mrs. Pennington with whom she lived kept a disorderly House I. 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 M●…nd to go into the Country for his Health I had 15 s. of the Church-Wardens and Overseers and that was all that ever I had Att. Gen. We will call another Witness Mr. Em●…y Argus Pray how long have you known Mrs. Wadsworth Mr. Argus Many Years Att. Gen. What Reputation was she of Er. Argus She was always accounted a Honest Laborious Pains-taking Woman Att. Gen. Whether did she keep the Bear-Inn Mr. Argus She did Att. Gen. Whas she ever kept at the Parish Charge Mr. Argus No. Att. Gen. Was she ever in the Poors Book Att. Gen. We have produced Three Substantial People that all say that she always was accounted an Honest Laborious Woman L. C. I. You do observe what you have proved you have proved no lascivious Conversation because you spoke of that in the Opening of the Evidence you have not proved any lascivious Conversation within this 6 Years Att. Gen. This Court saith we have not proved the Dutchess to go beyond Sea We will call a Witness Mr. Negroe Mr. Negroe Pray did the Dutchess go over with the Duke beyond Sea The Duke came back did the Dutchess come with him Mr. Negroe The Dutchess she 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 In 89. Mr. Negroe I can inform the Court if they please the Time when my Lord was sued for Allemony A Letter was then read in the Court from the Duke to the Dutchess Serj. Thompson This Cause hath been in the House of Lords The Question whether they blieved 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 Solicitor Gen. Pray my Lord if you Lordship please This is the use we make in giving in Evidence somethings before to shew the Fact within the six Years their frequent meeting in a Lascivious manner and we make use of that before the six Years to explain what use we make of it in matters done done within the six Years Serj. Tremain I do appeal to your Lordship and all that hear me whether within this six Years they have proved any Lascivious Action or any undecent 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 six Years and no Proof within the six Years to charge him to inflict such a Crime If they had carried it down as to have proved Acts within the six Years I

should have said they have done something L. C. I. Have you done Yes Sir L. C. I. GEntlemen of the Jury you understand very well the Nature of this Action and the Record has been opened to you which was to this effect That the Defendant the 2d Day of April in the 2d Year of the Late King Iames he did intice away the Plantiffs Dutchess whereby he had not the Benefit 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 Gentlemen what hath been before is not now to be taken Notice of But the Plantiffs Council hath given in Evidence of some Acts before which is not for any Damages as we exprest before but to explain some Actions that hath 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 White-Hall and he saith that he went into the Lodgings there and then he did see the Dutchess and Germain in Bed together Then there is another Witness that proves it another Time and Place That is Margaret Ellwood and she telleth you in what manner she found the Dutchess and Germain 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 Curtains at the Beds-Feet was actually open and she saw them in Bed together and found Germains Handkerchief and Ruffles in my Lady's Bed The next Witness is one Anne Benskin and she saith they were in expectation of him one Night at Windsor they stayed up till Two a Clock and laid Chairs and Stools in his way that if he came he might fall but he did not come down that time All this is about Seven Years ago and out of the time mentioned in the Declaration and then after they come and begin about the Year 1689. and they tell you of a Lodging taken at Fox Hall at one Scriber's House for a couple of Ladies one went by the name of Bateman and the other Brian during that time the Man of the House knew nothing of one that went by the name of Mr. Germaine but of my Lady's Brother he had been seen walking in the Garden They tell you they have seen that Lady that went by the name of the Lady Bateman and that very Lady was the same that was the Dutchess of Norfolk And the Waterman saith That he hath carried him often by Water and he went by the name of my Lady Bateman's Brother He hath carried him from the Stairs in Channel-Row to Fox-Hall when the Lady Bateman lodged there and hath carried Wood from Fox-Hall by the Lady Bateman's Order to the Cock-Pit and there is no manner of question but Mr. Germaine's House is at the Cock-Pit But then they come to Mrs. Wadsworth and she is a Woman that lived next Door and she had occasion to go to Germaine's House for a Pint Pot and there coming she met with a Dutch-Woman and asked her for the Pint Pot she saith she bade her go up stairs for it which she did and then she saw the Dutchess of Norfolk undressed in a Morning Gown she said she very well knew her she had seen her many times and she was sure this was the Dutchess of Norfolk She telleth you that at another time I think it was in May last that she did see Mr. Germaine go to the Mill-Bank she was sure it was him and she did think he would go there and thereupon she doged him from that very place She said she had told one Harman that she had seen the Dutchess of Norfolk How said he If my Master had seen you he would have killed the Dutch-Woman Then cometh one Foster the Coach-man and saith That about four Years since he hath carried the Dutchess of Norfolk and Mr. Germaine oft-times and one time he driving he looked back he saw Mr. Germaine and the Dutchess of Norfolk lying with their heads together Then cometh Mr. Bowtell and he telleth you That in April last he was at Mr. Germaine's House and he saw the Dutchess in Man's Apparel and he said there was an old Maid had a Hand-Basket with some Cloaths and this was the Servant of the Dutchess of Norfolk Now Gentlemen these are Witnesses that prove to you the Issue in the time mentioned Now Gentlemen they have called some to discredit these Witnesses they begin with Iane Wadsworth they bring one Candy that should say That she heard Iane Wadsworth say that she thought at the first it was the Dutchess of Norfolk but she was mistaken Then they call some more Witnesses that is Mrs. Pennington that was her Mistress twelve Years ago and she saith That she pretended to be sick a while after she had been with her and so going away she seeing her Cloaths tuck'd up she seeing what was the matter she had some of her Linnen she said she lived with her not above a Fortnight and they parted she said she was indigent and poor and her Maid saith the same And then they bring another Witness against one Foster the Coach-man telling him of what he had said against Mr. Germaine he said he was got to be Drunk and when a Man is Drunk he will say any thing Then as to Mr. Bowtell whereas he salth he saw the Dutchess in Man's Apparel at Germaine's House and the M●…id was there and the Maid cometh and saith that she was not there that she was ill and her Leg was bro●…k rnd denieth that ever the Dutchess was there or that she saw her in a Chair or in Man's Apparel Now for Ann Read no Evidence at all against her Testimony and she is very Positive of what was done in May last They have called one Mr. Welborne who saith that the Duke sent for him and after some Discourse spake to him about Bestow-Billing and Castle Rising and he saith the Duke sent to him to have the Dutchess to know if she would comply with him he did not question but to prosecute a Bill of Divorce in the House of Lords with Effect They tell you indeed of Foster that Germain had turn'd him out of his Service and that he should say he would be reveng'd of him but he denyed that And then the Dutchess Letter in 87. was read I cannot see what Inference you can make of it but that the Duke had no design of shewing any Unkindness you have heard the Letter read and you may make your Inference as you will Then as to Mrs. Wadsworth they have brought some Persons to speak to her Reputation and they tell you She is is an industrious Woman and of fair Conversation and rented an House of Threescore Pounds a Year And as to what they alleadged that she was kept by the Parish no such thing was but her Husband being sick and about going into the Country the Church-Wardens helped him with about Sixteen Shillings But she neve●… was in the Poors-Rates or in the Poors Book And then as to Mrs. Pennington what sh●… saith against her she answereth this Tha●… why she did Live no longer with her she saith Her Mistress kept a disorderly House The Question will be What was Betwix●… the Dutchess and the Defendant within these Six Years if you are satisfy'd that there hath been any such Lascivious Conversation For if so be that it was only before the Six Years To what purpose their meeting a●… Fox-Hall and taking Lodgings at Fox-Hall and to what purpose the Dutchess came to Germaine's House so So that it is left to You Gentlemen to consider If there hath been any unlawful Conversation and Lascivious Intercourse betwee●… the Dutchess and the Defendant within these Six Years If so You are to find for the Plaintiff If not You are find for the Defendant The next Morning being Friday the Iur●… came with their Verdict to the King's Bench Barr and being asked If they were agreed 〈◊〉 their Verdict They said Yes And being a●…ked Who should say for them They said The●… Fore-man And being asked Whether th●… found for the Plaintiff or Defendant The said For the Plaintiff And being asked Wh●… Damage or Cost They said One Hundr●… Marks Damages with Cost of Court FINIS