of the Clock in the Forenoon Matth. Johnson Cler ' Parliamentor ' 14 Januarii 1691. After having heard the Civil Lawyers the following Order was made Die Jovis 14 Januarii 1691. AFter hearing this day the Civil Lawyers pursuant to the Order Yesterday upon reading the Dutchess of Norfolk's Petition It is Ordered by the Lords Spiritual and Temporal in Parliament assembled That his Grace the Duke of Norfolk shall bring in the Charge against his Dutchess and particularly to the Person Time and Place by Saturday next at 12 of the Clock Matth. Johnson Cler ' Parliamentor ' 16 Januarii 1691. This Day the Duke of Norfolk brought in the following Charge against his Dutchess The Charge which Henry Duke of Norfolk Earl Marshal of England doth exhibit against his Wife Mary Dutchess of Norfolk before the Lords Spiritual and Temporal in Parliament assembled pursuant to their Lordships Order of the 14th of January 1691 is for the Crime of Adultery THe Person charg'd to commit the said Crime with the said Dutchess is John Germaine of the Parish of St. Margaret's in the Liberty of Westminster The Times when the said Crime was committed were between the Months of June and December 1685 and several times since The Places where the said Crime was committed are at Whitehal Windsor and within the Parishes of St. Margaret's Westminster St. Martin's in the Fields St. James's St. Ann's within the Liberty of Westminster And in the Parish of Lambeth in the County of Surrey Norfolk and Marshal Upon which the following Order was made Die Sabbati 16 Januarii 1691. UPon reading this day the Charge which Henry Duke of Norfolk Earl Marshal of England hath exhibited against his Wife Mary Dutchess of Norfolk for the Crime of Adultery It is Ordered by the Lords Spiritual and Temporal in Parliament assembled That her Grace the Dutchess of Norfolk do attend this House on Monday next or some Person on her behalf then to receive a Copy of the Charge against her Matth. Johnson Cler ' Parliamentor ' 19 Januarii 1691. The Answer of Mary Dutchess of Norfolk to the Charge exhibited against her by the Duke of Norfolk before the Lords Spiritual and Temporal in Parliament assembled THis Respondent is advised that the Charge exhibited by the Duke of Norfolk into this Honourable House against her as to Time and Place is too general and is not pursuant nor doth answer the end of your Lordships Order of the 14th Instant made upon the humble Petition of this Respondent Wherefore she doth humbly hope and pray your Lordships will not oblige her to make any further Answer till the Duke shall bring in a particular and certain Charge as to Time and Place against her And this Respondent doth the rather humbly insist That your Lordships would please to require the Duke to be particular and certain in these material Circumstances of his Charge against her for that it appears by his own shewing therein that the supposed Crimes objected to her and alledged to be committed were above 6 Years before the Bill was offered to this Honourable House during most of which time at the advice and by the approbation of the Duke was and continued beyond the Seas to ease him in his Charge and Part He frequently declaring that when he should be more easy in his Fortune they should live together M. Norfolk Upon which Answer the following Order was made And the Duke's Second Charge delivered in the same Day Die Martis 19 Januarii 1691. IT is Ordered by the Lords Spiritual and Temporal in Parliament assembled That her Grace the Dutchess of Norfolk shall have a Copy of the Duke's Charge delivered this day against her And that she or Sir Thomas Pinfold do attend this House to Morrow at 11 of the Clock in the Forenoon to answer to the said Charge Matth. Johnson Cler ' Parliamentor ' Which Copy is as followeth The Charge which Henry Duke of Norfolk Earl Marshal of England doth exhibit against his Wife Mary Dutchess of Norfolk before the Lords Spiritual and Temporal in Parliament assembled pursuant to Their Lordships Order of the 14th of January 1691 is for the Crime of Adultery THe Person charged to commit the said Crime with the said Dutchess is one John Germaine of the Parish of St. Margaret's Westminster The Times and Places when the said Crime was committed were at Whitehall in the Months of June July August some or one of them in the Year 1685. At Windsor in the Months of July August or September some or one of them in the said Year 1685. In the Parish of St. Margaret's Westminster March April May June some or one of them in the Year of our Lord 1690. And in the said Parish of St. Margaret's Westminster in the Months of July or August 1690. In the Parish of Lambeth in the County of Surrey in the Months of May June July August some or one of them in the Year 1691. Norfolk and Marshal Upon which the next Day viz. the 20th of January 1691 the Dutchess of Norfolk presented the following Petition To the Right Honourable the Lords Spiritual and Temporal in Parliament assembled The Humble Petition of Mary Dutchess of Norfolk Sheweth THat your Petitioner was served with an Order of this Honourable House late last Night to attend your Lordships this Day by Eleven of the Clock either in Person or by Sir Thomas Pinfold to answer to a new Charge brought in against her by her Husband the Duke of Norfolk Your Petitioner is advised That for her just Defence it is necessary to alledge in her Answer several special Matters relating both to the Duke and her self That in this short time appointed by Your Lordships your Petitioner finds it impossible to instruct Counsel to prepare such an Answer as she is advised is necessary to put in Wherefore Your Petitioner Humbly prays Your Lordships she may have convenient time to put in her Answer to the said Charge And Your Petitioner will ever pray c. M. Norfolk Upon which the following Order was made Die Mercurii 20 Januarii 1691. UPon reading the Petition of Mary Dutchess of Norfolk praying that She may have convenient time for answering to the Charge put in against her by his Grace the Duke of Norfolk Yesterday It is Ordered by the Lords Spiritual and Temporal in Parliament assembled That her Grace the Dutchess of Norfolk shall peremptorily answer by her Self or Proctor to the said Charge to Morrow at Eleven of the Clock in the Forenoon Matth. Johnson Cler ' Parliamentor ' Accordingly January the 21st The Dutchess of Norfolk delivered in the following Answer I Mary Dutchess of Norfolk under Protestation That the pretended Charge of Adultery given against me in the Honourable House of Peers was and is general insufficient and such as I humbly conceive I am not bound by Law to give answer unto Yet knowing my own Innocency and that I am not guilty of the pretended Crime this Protestation being Sacred to me
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 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 LONDON Printed in the Year MDCXCII THE PREFACE THere have been lately printed and made publick Two scandalous Pamphlets the one under the Title of The Proceedings before the House of Lords between the Duke and Dutchess of Norfolk The other is called The farther Depositions and Proceeddings in the House of Lords in the Affair of the Duke and Dutchess of Norfolk with the Bill of Divorce Now these two Papers are so far from a faithful Narrative of the said Proceedings that what with confounding the Order of the Transaction and disguising the Truth of Things by industrious Omissions gross Imperfections and wilfal Mistakes This pretended Account has made it absolutely necessary even for the sake of common Justice to set the World right in the Story To which end the entire Series of this Affair is here set forth from Point to Point just as it passed before their Lordships and stands upon their Journal with such Notes upon the Evidence on both sides as the Nature of the Case requires and as the Reason of it will fairly bear The Reader will observe here upon this Relation that the two Principal Witnesses produced against the Dutchess of Norfolk are Rowland Owen and Margaret Ellwood for they swear positively to the stress of the Question whereas all the rest is but Circumstantial and made use of only for Aggravation Prejudice and Clamour So that upon invalidating their Testimony the main Cause falls effectually to the Ground saving only the unavoidable Misfortune of many an Innocent Person that suffers under the Impossibility of proving a Negative there being no Fence against uncharitable Presumptions Now taking this for granted as it is not to be denied the Reader is only desired to lay seriously to Heart the Impossibility of the Fact that is sworn against the Dutchess in some Cases and the utter impossibility of it to be true in others The Tampering and Practice that has been used the Inconsistency of the Witnesses with themselves their Character and Credit c. one of them Ann Burton being trapt in a false Oath out of her own Mouth upon the very place of Examination The Reader will also take notice that of Twenty Six Witnesses produced in Favour of the Duke one half of them are Principals and the other only Seconds Peter Scriber Andrew Anderson Robert Hemming John Reynolds and Margaret Foster are five of the former Number but speaking little or nothing to the Merits of the Question it was not thought worth the while to offer Exceptions to their Testimony though to the other Eight that is to say Owen Ellwood Hudson Burton Varelst Tho. Foster Lloyd and Wadsworth there were several Witnesses on the behalf of the Dutchess to invalidate their Credit viz. Two to the First Six to the Second Two to the Third Four to the Fourth One to the Fifth Two to the Sixth Two to the Seventh and Six to the Last It is very remarkable also after all these Exceptions to every one of the Duke 's principal Witnesses that the Testimony of the Dutchess's Witnesses passed current without any contradiction saving only that Henry Daggley and John Hoskins were examined against the Credit of John Hall in the Case of Jane Wadsworth leaving four Witnesses more in the same Case untouch'd and Edith Sawbridge against the Testimony of Mrs. Judith Stourton which Depositions the Reader will find to be of little or no moment as to the matter in hand This puts it past Dispute that they had nothing more to say against the Witnesses for the Dutchess but stopt at these three for want of farther Pretence The Result in short is this that all the material Witnesses to the Charge are Impeached and the Evidence on the other side stands untainted To say nothing of the unanswerable Reasons that prevailed with the Lords finally to reject the Bill especially considering the Solemnity of the Proceedings For the Cause was kept on from the 7th of January to the 17th of February following All the Lords in and about the Town being summon'd by an Order of the House bearing Date Die Veneris Feb. 12. 1691. to attend at Twelve of the Clock on the Tuesday following And the Officers that summoned them to give an Account of what Lords they summoned pursuant to which Order their Lordships met according to the Appointment and after some previous Debates Adjourned till the next Day when the Depositions on both sides were read at the Table by the Clerk as will be seen more at large upon the following Journal And after a long and solemn Debate The Question being put Whether the Bill entituled An Act to Dissolve the Marriage of Henry Duke of Norfolk Earl Marshal of England with the Lady Mary Mordant and to enable the said Duke to Marry again shall be read a second time It was Resolved in the Negative A True ACCOUNT of the Proceedings before the House of Lords from January the 7th 1691 to the 17th of February following between the Duke and Dutchess of Norfolk upon the Duke's Bill Entituled An Act to Dissolve the Marriage c. The 7th of January the said Bill was lodg'd in the House of Lords The 8th of January THE Dutchess of Norfolk having received Intimation that the Duke of Norfolk was this Day offering a Bill to the House of Lords for Dissolving the Marriage between them and that the same was under Debate before their Lordships She was advised to present the following Petition To the Right Honourable the Lords Spiritual and Temporal in Parliament assembled The Humble Petition of Mary Dutchess of Norfolk Sheweth THat your Petitioner being informed that the Duke of Norfolk is at this time offering a Bill to your Lordships for Dissolving the Marriage between him and your Petitioner Your Petitioner Humbly prays she may be heard by Your Lordships before such Bill be received And Your Petitioner will ever pray c. M. Norfolk Upon which Petition their Lordships were pleased to make the following Order viz. Die Veneris 8 Januarii 1691. A Bill having been offered to this House on the behalf of the Duke of Norfolk to dissolve the Marriage between the said Duke and his Dutchess It was ordered by the Lords Spiritual and Temporal in Parliament assembled that Her Grace shall have notice thereof and may be heard by her Counsel at the Bar of this House on Tuesday next at 12 of the Clock what she hath to object against the receiving the said Bill at which time the said Duke may also be heard by his Counsel for the said Bill if he shall think fit Matth. Johnson Cler ' Parlimentor ' Die Martis 12 Januarii 1691. AFter hearing Counsel this day at
the Bar what they could object for her Grace the Dutchess of Norfolk against the receiving of a Bill offered by his Grace the Duke of Norfolk to dissolve the Marriage between him and his Dutchess As also the Counsel of his Grace the Duke of Norfolk for receiving the said Bill And after Consideration of what was offered by Counsel on either side and a long Debate thereupon This Question was put Whether the Duke of Norfolk ' s Bill should be received It was Resolved in the Affirmative Which Bill is as followeth An Act to Dissolve the Marriage of Henry Duke of Norfolk Earl Marshal of England with the Lady Mary Mordant and to enable the said Duke to Marry again FOrasmuch as Henry Duke of Norfolk and Earl Marshal of England having been Married to the Lady Mary Mordant hath made full proof that his said Wife is guilty of and hath committed Adultery on her part And forasmuch as the said Henry Duke of Norfolk hath no Issue nor can have any probable expectation of Posterity to succeed him in his Honours Dignities and Estate unless the said Marriage be declared void by Authority of Parliament and the said Duke be enabled to Marry any other Woman The King and Queens Most Excellent Majesties upon the Humble Petition of the said Henry Duke of Norfolk having taken the Premises into their Royal Consideration for divers weighty Reasons are pleased that it be Enacted And be it Enacted by the King and Queens Most Excellent Majesties and by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same That the said Marriage between the said Henry Duke of Norfolk and the said Lady Mary his Wife shall from henceforth be null and void and is by Authority of this present Parliament Declared Adjudged and Enacted to be null and void to all Intents Constructions and Purposes whatsoever And that it shall and may be lawful to and for the said Henry Duke of Norfolk at any time or times hereafter to Contract Matrimony and to Marry as well in the Life-time of the said Lady Mary as if she were naturally dead with any other Woman or Women with whom he might lawfully marry in case the said Lady Mary was not living And that such Matrimony when had and celebrated shall be a good just and lawful Marriage and so shall be adjudged deemed and taken to all Intents Constructions and Purposes And that all and every Children and Child born in such Matrimony shall be deemed adjudged and taken to be born in lawful Wedlock and to be Legitimate and Inheritable and shall inherit the said Dukedome of Norfolk Office of Earl Marshal of England and all other Earldoms Dignities Baronies Honours and Titles of Honour Lands Tenements and other Hereditaments from and by their Fathers Mothers and other Ancestors in like manner and form as any other Child or Children born in lawful Matrimony shall or may inherit or be inheritable according to the Course of Inheritances used in this Realm And to have and enjoy all Priviledges Preheminencies Benefits Advantages Claims and Demands as any other Child or Children born in lawful Wedlock may have or claim by the Laws or Customs of this Kingdom And be it farther Enacted That the said Henry Duke of Norfolk shall be Intituled to be Tenant by Courtesy of the Lands and Inheritance of such Wife whom he shall hereafter marry And such Wife as he shall so marry shall be Intitled to a Dower of the Lands and Tenements of the said Henry Duke of Norfolk and of such Estate whereof she shall be Dowable as any other Husband or Wife may or might claim have or enjoy And the Child or Children born in such Marriage shall and may derive and make Title by Descent or otherwise to and from any their Ancestors as any other Child or Children may do any Law Statute Restraint Prohibition Ordinance Canon Constitution Prescription or Custom had made exercised or used to the contrary of the Premisses or any of them in any wise notwithstanding And be it further Enacted by the Authority aforesaid That the said Lady Mary shall be and is hereby barred and excluded of and from all Dower and Thirds and of and from all Right and Title of Dower and Thirds unto or out of any the Honours Mannors Lands or Hereditaments of the said Duke And that all Conveyances Jointures Settlements Limitations and Creations of Uses and Trusts of into or out of any Honours Mannors Lands or Hereditaments at any time heretofore made by the said Duke or any of his said Ancestors or Trustees unto or upon or for the use or benefit of the said Lady Mary or any the Issue of her Body or for raising discharging or counter-securing any the Mannors Lands or Hereditaments of the said Lady Mary or any of her Ancestors shall be from henceforth utterly void and of none effect And all and every the said Honours Mannors Lands or Hereditaments of the said Duke or any of his Ancestors or Trustees shall from henceforth remain and be to and for the use and benefit of the said Duke and such other Person or Persons and for such Estates and Interests and in such manner and form as if the said Lady Mary was now naturally dead without any Issue of her Body And also That all Limitations and Creations of any Use Estate Power or Trust made by any of the Ancestors of the said Lady Mary unto or for the use or benefit of the said Duke his Heirs or Assigns out of any the Mannors Lands or Hereditaments of any of the Ancestors of the said Lady Mary shall be from henceforth void and of none effect 13 Januarii 1691. THe Duke of Norfolk's Bill aforesaid having been yesterday received and read The Dutchess of Norfolk presented the following Petition to Their Lordships this Day To the Right Honourable the Lords Spiritual and Temporal in Parliament assembled The Humble Petition of Mary Dutchess of Norfolk Sheweth THat your Petitioner being Married to the Duke of Norfolk 14 Years and upwards never had or received from her Husband any Intimation of a Misdemeanor on her part against him which joined to her Innocency of the Crime mentioned in the Bill makes this Proceeding before your Lordships very surprizing to her Her Person Estate and Honour which is more dear to her than her Life being now brought in question Your Petitioner humbly prays she may have a Copy of the particular Charge against her with the Names of the Witnesses and reasonable time allowed her to answer the same before any farther Proceedings upon the Bill Mary Norfolk Upon which Petition the following Order was made Die Mercurii 13 Januarii 1691. UPon reading the Petition of Mary Dutchess of Norfolk It is Ordered by the Lords Spiritual and Temporal in Parliament assembled That Sir Richard Reynes Sir Charles Hedges and Dr. Oxenden do attend this House to Morrow at ten
a Civil Lawyer for her Grace the Dutchess of Norfolk who summed up the Evidence for their Graces severally It is Ordered by the Lords Spiritual and Temporal in Parliament assembled That on Tuesday next at Twelve of the Clock this House shall proceed in the debate of this Business and that then no other Business whatsoever shall intervene And that all the Lords in and about the Town shall be summoned then to attend and that the Officers that summon them give the House an account of what Lords they summon Matth. Johnson Cler ' Parliamentor ' The Matter was accordingly entered upon and after some previous Debates by their Lordships they were pleased to adjourn till the next Day when they proceeded viz. Die Mercurii 17 Februarii 1691. THe Deposition taken at several Times before on the behalf of his Grace the Duke of Norfolk as also those taken on the behalf of her Grace the Dutchess of Norfolk were read at the Table by the Clerk After long Debate thereon The Question was put Whether the Bill Entituled An Act of Dissolve the Marriage of Henry Duke of Norfolk Earl Marshal of England with the Lady Mary Mordant and to enable the said Duke to Marry again shall be Read a Second Time It was Resolved in the Negative Matth. Johnson Cler ' Parliamentor ' The Proceedings of the LORDS upon the Evidence Rowland Owen Examined on the behalf of the Duke of Norfolk against the Dutchess of Norfolk ROwland Owen saith that Mr. Reyner about Six Years since being the Duke of Norfolk's Butler ordered him to carry the things out the Lodgings being open he saw Mr. Germaine in Bed with the Dutchess of Norfolk the Dutchess leap'd out of the Bed and put on a Morning Gown and Germaine hid himself in Bed this was between five and six a Clock in the Evening about a Fortnight before Bartholomew Day he did not tell the Duke he is sure it was Germaine he saw him often twice or thrice a day the outward Door of the Lodgings was shut but he opened it with a Key he had Rowland Owen examined a second time saith he never had the Key of the Lodgings but once that Mr. Reyner gave him the Key when he went as he told him to the Blew Posts in the Hay-Market to bespeak the Dutchess's Supper he saith he saw not Frances Knight then in the Lodgings nor any other Woman but the Dutchess of Norfolk he saith he hath seen Reyner often open the outward Door of the Lordgings when he hath been by without calling Frances Knight he saith that he himself opened the first Door with the Key the second Door was not close shut and the third Door was open he saith two of the Doors are streight forward and the third turns a little on the right Hand he saith he was gone in at the third Door when the Dutchess leapt out of Bed Witnesses produced to the Credit of Rowland Owen EDward Silvester saith he hath known Rowland Owen three or four Years and he hath trusted him in Business and he hath ever been very faithful he hath trusted him in Stores to the King and he might have imbezell'd but ever found him honest and he hath had three or four Thousand Pounds worth of Goods that he might have imbezell'd and hath had opportunities of doing ill things but never did he hath trusted him with every thing he hath he hath had more than 20 l. imbezell'd by others but he never imbezell'd a half-penny He knows not well who recommended him to him he hath an hundred Men now and he knows not that three of them were recommended He hath trusted him with Goods an hundred and an hundred times that he might have imbezell'd and others that he hath so trusted have cozened him and he hath lost 20 l. in a Months time by them He works at our work and that better than twenty that he hath had and he 's no Porter he saith he knows not Mr. Negus nor was not acquainted with him till Yesterday John Jones saith he hath known Rowland Owen above three Years and that he 's a very honest Man and that he ever found him faithful that he lodged in his House and that he might have done him Injuries if he would and he hath been employed elsewhere and he never heard ill of him he believes he 's a Man of a better Principle than to take a false Oath Thomas Cooke saith that he hath known Rowland Owen five years and knows not but that he 's an honest Man and saith that he maintains his Family by his Labour he is his Neighbour and never heard him taxed with any Misdemeanor Witnesses Sworn on behalf of the Dutchess for invalidating the Testimony of Rowland Owen viz. FRances Knight saith she knows Rowland Owen as he was a Fellow-Servant in the Duke of Norfolk's House she hath known him a Year he was running Porter to carry up Coals and Wood he was not trusted with any Keys she was trusted with the Keys to the Lodgings and she always kept the Key to the outward Door to the Lodgings and there was no other Key and she never delivered it to any Body but sometimes left it with the Lady Peterborow's House-keeper she never let this Owen have that Key or any other Key to the Lodgings it was below her to do it he never went into the Inner Rooms no farther than the Steps to the Outward Room he 's a pittyful beggarly Fellow he laid the Steward's Cloath and had no other Livelyhood she lived with my Lady six Years and upwards and all the while had the Key to the outward Door she saith you must first come into the Room called the Footmens-waiting Room then into the Dining-Room then into the Bed-Chamber the Doors are sideways she made the Dutchess's Bed constantly she lock'd the Door and kept the Key in her Pocket she had the Key of the Rooms till the Countess of Westmorland had the Lodgings which was till the Duke and Dutchess left them which was ten or twelve days before Bartholomewtide six Years ago Henry Reyner saith that he knew Rowland Owen Street-Porter he saith that he this Witness could never get into the Lodgings but when he had the Key from Frances Knight he saith Owen never came into the Lodgings but had a Key to a House where the empty Bottles were which was without the Lodgings and he himself could not get into the Lodgings but by Frances Knight he never had the Key in his own Possession he never saw Owen farther than the Passage-Room he saith that the Doors are not opposite to one another he saith Frances Knight never gave him the Key he always found her there to open the Doors or in the Room he never had any Key that would open the Lodgings Owen never told him that he caught the Dutchess in the manner as is said he knows not of any Livelyhood he had besides laying the Steward's Cloath Owen had Wages from the Duke
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
Witnesses were produc'd on behalf of the Duke of Norfolk and had given in their several Places of aboad c. The following Oath was administred to them YOu shall true Answer make to all such Questions as shall be asked you by this Honourable House in relation to the Charge of Adultery brought in by the Duke of Norfolk against the Dutchess of Norfolk with John Germaine you shall declare your whole Knowledge of this matter and shall speak the Truth the whole Truth and nothing but the Truth as well upon the matter you shall be examined on behalf of his Grace the Duke of Norfolk as upon such Interogatories as shall be exhibited on behalf of the Dutchess of Norfolk without Favour or Affection to either Party So help you God and by the Contents of this Book After the Oath administred as aforesaid the following Order was made Die Sabbati 23 Januarii 1691. IT is Ordered by the Lords Spiritual and Temporal in Parliament assembled That the Dutchess of Norfolk's Proctor shall have a Copy of what was taken upon Swearing the Duke of Norfolk's Witnesses at the Bar and that the Duke's Witnesses shall give in their Evidence at the Bar on Tuesday next at Ten of the Clock in the Forenoon and that the Dutchess of Norfolk by her Self Proctor and Counsel shall attend together with the Duke's Proctor and Counsel at the same time Matth. Johnson Cler ' Parliamentor ' After Examination of Witnesses on behalf of the Duke the following Order was made Die Martis 26 Januarii 1691. AFter hearing this day the Witnesses on the behalf of his Grace the Duke of Norfolk It is Ordered by the Lords Spiritual and Temporal in Parliament assembled That Friday next at Ten of the Clock in the Forenoon shall be and is hereby appointed for her Grace the Dutchess of Norfolk to make her Defence by her Proctor or Counsel and that his Grace the Duke of Norfolk's Counsel and Proctor be then present and the Witnesses who this day delivered their Evidence or Oaths on his Grace's behalf And that the Dutchess may have an Order for such Witnesses as she shall think fit to make use of on her Grace's behalf Matth. Johnson Cler ' Parliamentor ' Upon which Order the Dutchess was advised to present the following Petition To the Right Honourable the Lords Spiritual and Temporal in Parliament assembled The Humble Petition of Mary Dutchess of Norfolk Sheweth THat since the Examination of Witnesses before your Lordships against your Petitioner upon Tuesday last the utmost endeavour and diligence hath been used to prepare for her Defence against the time appointed by your Lordships That your Petitioner is very much concerned that for the necessary Defence of her self she should be forced to lie under the Charge sworn against her one moment beyond the time given her by your Lordships But upon a Consultation with her Counsel and Solicitor last Night she is advised that it is absolutely necessary for her to Address to your Lordships for time till Monday next to bring in her Defence some of her most material Witnesses being remote from London and though she has sent for them and used all means possible to get them ready by the time appointed she cannot be able to have them here before Monday next Wherefore Your Petitioner humbly prays your Lordships it being a Case of the highest concern and utmost importance to your Petioner to give her time till Monday next to bring in her Defence And Your Petitioner shall ever pray c. M. Norfolk Upon which Petition the following Order was made Die Veneris 29 Januarii 1691. WHereas this day was appointed for her Grace the Dutchess of Norfolk to make her Defence upon reading the Petition of her Grace the Dutchess of Norfolk praying it being a case of the highest concern and utmost importance to her to give her time till Monday next to bring in her Defence after hearing her Counsel at the Bar and upon Oath made that some of the Duthess's Material Witnesses are out of Town It is Ordered by the Lords Spiritual and Temporal in Parliament assembled That her Grace the Dutchess of Norfolk hath hereby time given her for making her Defence until Monday the First Day of February next at Eleven of the Clock in the Forenoon Matth. Johnson Cler ' Parliamentor ' Accordingly the Dutchess of Norfolk began her Defence and the following Order was made Die Lunae 1 Februarii 1691. IT is Ordered by the Lords Spiritual and Temporal in Parliament assembled That on Wednesday next at Eleven of the Clock in the Forenoon the House shall proceed in hearing the Dutchess of Norfolk's Evidence and that all the Witnesses that have been sworn on either side do then attend the House Matth. Johnson Cler ' Parliamentor ' Which they did and the following Order was made Die Mercurii 3 Februarii 1691. AFter having this Day heard several Witnesses on behalf of her Grace the Dutchess of Norfolk as also for his Grace the Duke of Norfolk It is Ordered by the Lords Spiritual and Temporal in Parliament assembled That her Grace the Dutchess of Norfolk's Counsel shall proceed in her Grace's Defence on Saturday next at Twelve of the Clock Matth. Johnson Cler ' Parliamentor ' They proceeded accordingly and the following Order was made Die Sabbati 6 Februarii 1691. AFter having this day heard several Witnesses on the behalf of the Dutchess of Norfolk It is Ordered by the Lords Spiritual and Temporal in Parliament assembled That the Council for his Grace the Duke of Norfolk shall proceed to examine Witnesses on Tuesday next at Twelve of the Clock Matth. Johnson Cler ' Parliamentor ' Which accordingly they did and the following Order was made Die Martis 9 Februarii 1691. AFter hearing some Witnesses this Day on the behalf of his Grace the Duke of Norfolk It is Ordered by the Lords Spiritual and Temporal in Parliament assembled That the Counsel for his Grace the Duke of Norfolk as also the Counsel for her Grace the Dutchess of Norfolk shall be heard on Thursday next at Twelve of the Clock to sum up the Evidence on either side and that Mrs. Sawbridge and Mrs. Stourton do then attend to be heard Matth. Johnson Cler ' Parliamentor ' The Counsel attended accordingly but not heard and their Lordships were pleased to make the following Order Die Jovis 11 Februarii 1691. IT is Ordered by the Lords Spiritual and Temporal in Parliament assembled That the Counsel for his Grace the Duke of Norfolk as also the Counsel for her Grace the Dutchess of Norfolk shall be heard to Morrow at one of the Clock in the Afternoon to sum up the Evidence on either side and that Mrs. Sawbridge and Mrs. Stourton do then attend to be heard Matth. Johnson Cler ' Parliamentor ' After Evidence summed up this following Order was made Die Veneris 12 Februarii 1691. AFter hearing this Day the Counsel and a Civilian for his Grace the Duke of Norfolk and also Counsel and
the third the Dutchess and Mr. Germaine both awake too and all this Noise not give them the Allarm To come now to the Probability of the thing Keymer gave him the Key he says only for once it seems for he never had it either before or since Has not this the Face now of a Contrivance calculated for a particular turn Is it not highly improbable again that a pittyful drudging Fellow that earn'd his Bread by doing Porters work for the Family should have the Dutchess's Bed-Chamber laid open to him And so for the Morning-Gown and Germaine's hiding himself in the Bed had they no other Cloaths or Garments lying by them that Owen should have the luck to see just this and nothing else But his Lesson was to swear Nudus cum Nudâ and Solus cum Solâ to bring the Proof up to the straitness of the Law and that was the part he had to play Or to take the Case yet another way If Owen had seen them out of the first Room can any Body think he would have ventur'd after that into the Bed-Chamber or if he did not see them in the first Room what had he to do in the other Room at all But over and above all the rest for an Amour of this Quality to be carryed on thus in the Face of the Sun the Doors and the Curtains open let any Man ask his own Conscience if he does not look upon it as an Imposture without a President from the Creation to this Day Margaret Ellwood examined on the behalf of the Duke of Norfolk against the Dutchess MArgaret Ellwood saith she had a Company to see the Lodgings at Windsor in the First Year of King James's Reign about three or four of the Clock in the Afternoon a Woman told her that my Lady was not there but she opening the Door saw my Lady upon the Stools in an ill posture Mr. Germaine's Britches were down he pull'd them up and laid his Hand on his Sword saying God Dam ' you for a Whore how have you the impudence to come here My Lady bid him kick me down he scattered some Concerns that is Man's Nature on the Boards she saw no Nakedness but her Knee or a little above Another time after she found Germaine's Handkerchief and Ruffles in my Lady's Bed my Lady's Woman said there was Germaine's Name upon them Another time she saw Mr. Cornwal let Mr. Germaine out of my Lady's Closet She saw Germaine's Legs within hers when she came the first time into the Room and his Breeches were about his Heels The first time was in Bartholomew-Fair time Mrs. Knifeton told her it was Germaine's Linnen Witnesses produced to the Credit of Margaret Ellwood CAptain Charles Potts saith he hath known Margaret Ellwood six or seven Years and that she was Servant to the Duke of Norfolk and that she behaved her self well and prudently there her Husband was a Soldier in his Company and was as he hath heard a Shoomaker John Faucet saith he knew Margaret Ellwood while she was the Duke of Norfolk's Servant about two or three Years he never heard any Scandal or Disgrace of the Woman but that she carried her self civilly he knows not whether she kept an Ale-House in Windsor Lawrence Purcell saith he knows Margaret Ellwood she lived in his House in Brook-Market next Easter will be two Years He knows nothing amiss of her she took care for her Living he never knew her keep ill Hours she took a Room in his House some of the Rent is behind he thinks thirty two Shillings her Husband and the Woman gave him a Bond for it Witnesses sworn on the behalf of the Dutchess for invalidating the Testimony of Margaret Ellwood MIchael Haddon saith he hath been acquainted with Margaret Ellwood four five six or seven Years When he first knew her her Husband was a Soldier in the Duke's Company and she was as he hath heard an under House-keeper he believes she was turned out of the Duke's Service afterwards she sold Drink in a House of his at Windsor and went away in his Debt by Night without paying him she took her Goods with her this was in 1689. Joyce Heath saith she knows Margaret Ellwood she lived in a Cellar of hers and in a back House of hers but not at the same time three quarters of a Year in Brook-Market about Michaelmass last she paid the Landlady but eleven Shillings six Pence Her Course of Life was not good she was in an inferiour Condition her Husband was a Cobler in a Stall and she had five Children Mary Tervis saith she hath but a slender Acquaintance with Margaret Ellwood but the said Ellwood sent to borrow a Scarf of her the Sunday after Christmas last and saith that going the next day for her Scarf she the said Ellwood desired it for a longer time for it might be 5 l. in her way for she was to be a Witness for the Duke of Norfolk who was to be Divorced from his Dutchess and that the Duke sent his Charriot for her I told her there could be no separation in Marriage except Adultery could be proved and that I could not think it reasonable to believe that so mean a Servant as she could be a Spectator to so ill an Action as that was she said she thought she could do the Duke no Kindness in going for she never saw other harm by the Dutchess than that she saw Gentlemen come to and fro to the House but the Duke had sent for her and she must go Mary Jones saith she knows Margaret Ellwood who she heard say the Lady Dutchess sent for her a little before Christmas last and said Margaret I desire you to speak the Truth I would not have you disoblige my Lord in the least Margaret Ellwood said she never knew no harm by her Grace The Dutchess demanded the Keys of her and she gave them her and the Dutchess gave them to her the said Ellwood again the next Morning the Discourse was a few Days before Christmas last Ann Ross saith she knows Margaret Ellwood who came to her House and told her about two Months since that the Duke of Norfolk sent for her to Witness for there would be a Divorce between the Duke and Dutchess and I asking her what she could say she answered she could say little but that she knew no Ill by the Dutchess but that she was a good generous Spirited Lady and she never knew any ill Action by her in her Life I bid her have a care what she went about for that would do the Duke but little Kindness The Dutchess she said called for the Keys of her Lodgings but gave her them back next Morning she saith that last Week she went to her to demand a Debt and she promised to come and pay it her she saith she went to the Porter at the Duke's to ask for her but the Porter said she was not within but meeting with her Child there she said
she was within and brought her the Witness to her in the Duke's House and she made her very welcome and sent her Husband with her the Witness to see her Childrens Lodging in the Green-Mews near the Duke's House she saith Ellwood's Husband told her upon asking how the Cause went that his Wife was to have 30 l. per Annum setled on her and to go to Windsor to live and to have the shewing the Castle she saith that upon her going to see the Children and commending their Lodgings that Ellwood's Maid or Woman told her they paid 4 s. a Week for the Lodging She saith the Children were well cloathed with good Frocks and Top-knots and they used to be ragged and that her Husband used to allow her but six Pence a Day for her and her Children she saith that Margaret Ellwood told her she had been with the Dutchess and that her Grace bid her do nothing to disoblige her Lord but speak the Truth Mary Ross saith she knows Margaret Ellwood she saith she heard Ellwood's Husband say that the Duke of Norfolk had taken care of his Wife and Children and settled thirty Pound per Annum on them and her Habitation was to be at Windsor-Castle and said that my Lord Duke would be Divorced for he was to have a great Fortune of twenty thousand Pounds a Year This Discouse was the last Week and her Father was present and her Mother was just gone out Observations upon the foregoing Evidence Here 's a foul and a suspicious Story in this Deposition of Margaret Ellwood wherein she stands singly upon the Credit of her own Testimony without any colour or coroborating Evidence to support it Only Capt. Charles Potts John Faucet and Lawrence Parnell are produced to speak to her personal Reputation The first says she behaved her self well and prudently in the Duke's House the second and third that they knew no Ill by her There were produced on the behalf of the Dutchess and to invalidate the Testimony of Margaret Ellwood these six Witnesses Michael Haddon Joyce Heath Mary Trevis Mary Jones Ann Ross and Mary Ross Mary Trevis Mary Jones and Ann Ross do all depose that about Christmas last speaking of the Dutchess and Mr. Germaine Margaret Ellwood told each of these Witnesses respectively that she never saw or knew any thing of Ill by the said Dutchess and yet Ellwood's Accusation bears date in the first Year of King James Mary Trevis swears farther that upon the next Sunday after Christmas last Ellwood told her upon borrowing a Scarf of her that it might be 5 l. in her way for the Duke was to be Divorced from the Dutchess and he had sent his Chariot for her and she was to be a Witness Ann Ross speaks also to the same effect how Ellwood told her there would be a Divorce and the Duke had sent for her to be a Witness and likewise saith that Ellwood's Husband told her that his Wife was to have 30 l. per Annum setled upon her and live at Windsor and have the shewing of the Castle Mary Ross speaks to the same purpose also with the Witness above as to what Ellwood's Husband said of Windsor the Settlement and the Divorce adding also that the Duke was to have a great Fortune according to the common rumour then about the Town Mary Ross's Father was by and heard all this It was about a Week before the date Information that Discourse had passed Nay the Dutchess was so clear in the matter that she sent for Ellwood a little before Christmas last and bid her speak the Truth as Ellwood her self own'd to Mary Jones and Ann Ross To come now to the Quality and Credit of Margaret Ellwood Haddon says she was his Tenant to an Ale-house in Windsor in 1689 carry'd off her Goods by Night and went away in his Debt Heath saith she liv'd in a Cellar led an ill course of Life her Husband was a Cobler in a Stall Ann Ross says that she had five Children and that she had but Six Pence a Day Maintenance for her self and them This was her Condition till near Christmas last when all on a sudden as Ann Ross deposes she was taken into the Duke's House the Children new Cloath'd and trickt up with good Frocks and Top-Knots which were till then all in Rags Lodgings provided for them at Four Shillings a Week and a Maid to look to them and no visible means of doing all this But in fine the Change was not wrought by Miracle and leans much toward the Discourse before mention'd that Ann and Mary Ross had with Ellwood's Husband The Question at last is briefly this Whether is to be believ'd a Woman under so many scandalous Circumstances and one that Swears for her self too or Six Witnesses against her of so unquestionable Probity that not so much as one of them could be impeach'd by the other Party To pass now to the palpable unlikely hood of the Story barely in it self Ellwood was carrying Company she says to see the Lodgings at Windsor and opening the Door she saw and heard as in her Deposition How came it now that none of this Company should be produc'd or so much as nam'd to second Ellwood for 't is to be presum'd they must needs hear and see what pass'd upon this Adventure as much as she her self did or if she had but nam'd the Woman who she says told her my Lady was not there it might have serv'd as a Collateral Inducement for the giving of some sort of Credit to it But in a Matter of this Importance to have so many Witnesses within reach of being found out and none to appear looks very ill on their part that were so much concern'd to produce them And so for Germaine's threatning her and the Dutchesses bidding him kick her down no People in their right Wits but would have try'd to stop her Mouth with fair Words and a good Bribe in such a Case as this rather than provoke her by Menaces and ill Language to run open Mouth to the Duke with the Story in Revenge when she had the Dutchesses Honour and Estate so absolutely at her Mercy As to the business of Mr. Germaine's Handkerchief and Ruffles and his being let out of the Closet the Contrivance is all of the same piece with the rest for why were not the persons nam'd in her Deposition produc'd to prove the Particulars therein mention'd as well as Ellwood's It is most certain that the Prosecutors could easily have done it and that it was properly their Business and Interest so to do for what signifies Ellwood's single Testimony under her Circumstances without Coroborating Proofs She tells us a tale of Company to see the Lodgings a Woman that told her so and so and another Woman and a Gentleman that said and did this and that and yet not one Creature at last to second her Deposition nor any pretence of an Exception to the Evidence on the other side Tho.
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
Mrs. Nelly Gwyn came in and asked her how she liked her Nights Rest And being asked for Germain she said she knew nothing of him My Lady complaining of her Hair being out of order Nelly answered it was a hot Night with her enough to put her Hair out of Powder and Curl too Quickly after Cornwall came in and asked for Germain and my Lady saying she knew nothing of him Nelly Gwyn said I question not but he will come out by and by like a drownded Rat with that while I was cleaning the Dining Room Mrs. Knifton called me and shewed me in a Closet Germain's Shirt and Wastcoat and afterwards makeing my Lady's Bed saw there were Two Prints where Two had laid The Shirt and Wastcoat were sent by the Duke to the Lord Petterborow's she saith she is a single Woman and was never Married this was about Bartholomewtide Six Years since she supposeth the Bed was Stained both by a Man and Woman Witnesses sworn on the behalf of the Dutchess for the invalidating the Testimony of Ann Burton ANN Burton against her self upon seeing several Witnesses come in to prove her to be a Married Woman tho' she had sworn the contrary was call'd to the Bar of the Lords and there saith she was not Married when she was at Windsor since that she hath been Married Ann Burton was her Maiden Name her Husband's Name is Benskin Susan Wheat-Croft saith that she knows Ann Burton and that she Lodged in her House Sixteen Weeks with her Husband Robert Benskin and she said she should have a parcel of Money to be a Witness for the Duke of Norfolk against his Dutchess this was about March Two Years since her Husband said he should have a Commission from the Duke of Norfolk and he should have a great deal more from him for his Wife is to be a material Witness against his Dutchess They did not pay her the Witness when they went away nor since they owed her Seven Pounds Fifteen Shillings she hath been seeking after them and could not find them she left a Trunk with Rags in it and went away Privately carrying away her Goods by Parcels Mary Sheriff saith that she lives next Door to Warwick-House in Holbourn and hath kept House there near seven Years and hath known Ann Burton two Years she lived with my Lord Clare while she was there a Soldier courted her they used to come every day for a Fortnight or three Weeks to her House to drink she ow'd her about 3 l. she hath told her several times since that she was to be a Witness for the Duke of Norfolk against his Dutchess and she was to have Money for speaking she heard Mrs. Tod bid her always keep in a Story and she would do well she the Witness heard them talk of 30 or 40 l. Mrs. Burton should get by being a Witness she is not paid the 3 l. nor knows not whether she shall be paid but last Winter she found her in Henrietta-street and she desired her the Witness not to take notice of her Name nor what she said to her for she the Witness should have her Money in a short time when the Tryal was over she told her the same a little before that when she lived at Major Wildman's she takes it to be in this Winter was Twelve-Month she thinks it was the Duke of Norfolk's Tryal she the Witness keeps a Coffee-House call'd Joe's Coffee-House William Purchase saith that he knows Ann Burton she declared to him about a Year and a half after the Dutchess was charged with lying with Mr. Germaine that she knew nothing of it and that the Dutchess was wrong'd as much as ever any Woman was and that she hoped to see those punished that were the Cause of the Accusation He saith he went to see her as a Fellow-Servant and he was not sent by any one and going to drink together they fell into this Discourse He hath talk'd of this Matter several Times particularly to Mr. Welborne since this Business was spoken of having heard she was to be a Witness against the Dutchess Observations upon the foregoing Evidence ANN Burton has the Story over again of the Shirt and Wastcoat and of Mrs. Gwyn's Discourse to which enough is said already and more needs not be said upon the Evidence of a Person so manifestly forsworn In her first Oath she swears her self a single Woman and that she was never Married but upon Witnesses appearing to prove the contrary she was called to the Bar again and own'd her self to be Married and that her Husband's Name was Benskin This Ann Burton had been a Lodger sixteen Weeks to Susan Wheatcroft as appears by Wheatcroft's Deposition she conveyed her Goods privately out of the House by Parcels and slipt away seven Pound fifteen Shillings in her Debt she told Wheatcroft that she was to be a Witness against the Dutchess and that she should have Money her Husband saying also that his Wife was to be a material Witness against the Dutchess and he himself should have a Commission and more than that too Mary Sheriff says that pressing Ann Burton for three Pound that she ow'd her her Answer was that she was to be a Witness for the Duke against the Dutchess and that in a short time she should have Money and then she would pay her William Purchase swears that about a Year and half after the Report concerning the Dutchess and Mr. Germaine Ann Burton told him the Dutchess was wrong'd and she hop'd to see her Accusers punished and that he himself hath often spoke of this Passage to several and particularly to Mr. Welborne Take notice that these Depositions for the Dutchess as well as the former have passed without any contradiction That Germaine's Man is neither produced nor named the Linnen if any brought as openly as it was sent for No Mrs. Knifton appears and the whole Deposition rests upon the Credit of a forsworn Woman Simon Varelst examined on the behalf of the Duke of Norfolk against the Dutchess SImon Varelst saith that he was at Windsor to draw the Dutchess of Norfolk's Picture about six Years since and had the Duke's Closet to put the Pictures in when he had done and had been at home two or three Days when Germaine came to him much concern'd and said you can do the Dutchess an extraordinary Kindness and will oblige the Lord and Lady Peterborow in the highest degree then he shewed me a Letter of the Dutchess to me and read it to me before that he told me there was a Shirt and Wastcoat and they are known to be his he said I desire you to save the Dutchess's Honour I desire that you will be so much a Gentleman as to own them to be yours and that you left them there I answered I was much concern'd there should be such a Trouble but I desired to be excused I could not do it without Prejudice He told me the Lord and Lady Peterborow had discoursed
at Mr. Germaine's nor ever carried any Letters thither But here are two Witnesses brought in now to Arraign the Credit of John Hall which is as much as to say that they had no Exceptions to any of the rest or which is all one to the Truth of the Matter for John Hall's Evidence is by them confirm'd over and over And what is it that these two Witnesses have to say at last Henry Dagley says that he believed it was the Dutchess he saw at Mr. Germaine's but could not affirm it And John Hoskins says that they said it was the Dutchess but he could not speak it of his own Knowledg which amounts to no more than a bare Hear-say Witnesses Sworn on the behalf of the Dutchess of Norfolk Intimating a seeming Reconciliation MRs. Judith Stourton saith that she was Servant to the Dutchess of Norfolk when the Report was of the Dutchess and Mr. Germaine which was about a week before the Duke and Dutchess went to France she was askt by the Lord Peterborow in the Presence of the Duke of Norfolk in the Duke's House in St. Jame's Square where they shut the door as she would Answer it to Face of Almighty God if she did know whether his Daughter was an Adultress Her Answer was that as she hop'd to see God in Heaven the Dutchess was as Virtuous as any Woman alive for ought she knew she saith that what she then said is true and if she should pretend to say more she should wrong her She saith that no one was present besides the Lord Peterborow and the Duke when they Examined her and that she saw no Shirt or Wast-coat at that time and that she doth not remember she said to Mrs. Webb any thing concerning the Dutchess and Mr. Germaine and thinks she never spoke with Mrs. Webb and she was not at Windsor when the Duke was at Poresmouth she saith there was a Report of Scandals which she was sorry for Edith Sawbridge and Webb produced on the behalf of the Duke of Norfolk to discredit the Testimony of Mrs. Stourton EDith Sawbridge saith that the Tuesday following this unhappy Discourse concerning the Dutchess of Norfolk Mrs Stourton came into her Chamber and she telling her what had happen'd at Windsor Mrs. Stourton reply'd this is nothing but what she expected before now the Witness reply'd that if she the Witness had been as near the Dutchess as the said Mrs. Stourton she would have prevented all this to which Mrs. Stourton answered would you have had me whipt at the Carts-arss The Discourse we had was that Mrs. Knifton told her when I came from London on Friday Night that she told me she was glad I was come for she expected her Throat to be cut every Night since my Lord Duke went to Portsmouth I askt her the Reason of her fear she answer'd Germaine had lay'd with my Lady Dutchess ever since my Lord Duke went to Portsmouth that when he came Home he would hear of it and he would kick her for a Bawd and if she should tell my Lord Germaine would cut her Throat I bid her have a care what she said for these were dangerous words how can you prove this she said it was very true the Witness asking her Mrs. Knifton how she knew this she said Germaine instead of going home went into the Closet The Witness cannot say that she said all this to Mrs. Stourton but the greatest part she did say Mrs. Stourton said this was nothing but what she expected before This was the Tuesday after my Lord Duke came from Portsmouth this was about Bartholomew-tide in the first Year of King Jame's Reign Mrs. Stourton called in to Confront this Edith Sawbridge and Examined MRs. Judith Stourton saith that she saw Mrs. Sawbridge once in the Duke's House in St. James's Square and they talkt of the Slander of Germaine and the Dutchess of Norfolk she saith she the Witness never heard Mrs. Sawbridge say that Mrs. Knifton should say that Germaine lay'd with the Dutchess every Night at Windsor she denies that she said to Mrs. Sawbridge that she expected to hear that before now she never said to Mrs. Sawbridge would you have had me whipt at the Carts-arse she saith she remembers not that Mrs. Sawbridge told her that Mrs. Knifton said that she was afraid that her Throat would have been cut when the Duke was at Portsmouth she remembers not that she askt Mrs. Sawbridge the Reason of Mrs. Knifton's fear or that she told her any thing of Mrs. Knifton saying that Mr. Germaine had lay'd with my Lady every Night at Windsor she saw Mrs. Sawbridge and discoursed with her but she cannot say what Discourse she had with her Mrs. Eliz. Camell saith that she went with the Duke and Dutchess of Norfolk into France they went together very Lovingly and parted so she thinks the Duke staid with her about a fortnight the Duke's Eye was ill and my Lady went often to him and when she did so we retired my Lady drest his Eye they eat and drank together every day they did not Lodge together that she knows my Lord told her at parting at the Grate in the Monastery that he would fetch her away suddenly and they parted kindly Mrs. Lawson was in the Monastery with the Dutchess the Witness continued there about seventeen Months my Lord exprest a great deal of Kindness to my Lady in going and while he was there there were Tears on both sides at parting when my Lord and Lady were together in the House call'd L'Hotel de Ierrau at Paris we used to withdraw not knowing what they had to say together Mr. Matthew Scott saith that he paid several Sums to the Dutchess from the Duke in May 1688. he paid 125 l. for the Dutchess to Mr. Cragg he paid 2 or 300 l. into France when the Duke and Dutchess were there he cannot say that he remitted any Money into France after the Duke came home he knows not that any Money was paid to Mr. Morton for my Lady by the Duke's Order Mr. Robert Welborne saith that about the middle of November last the Duke of Norfolk sent for him by Mr. Scot to meet his Grace in his Room by the Lords House which accordingly he did his Grace told him there had been some Messages and Proposals by Sir Robert Clayton and Sir Robert Howard but he lookt on them both to be Men of great Business and could not attend on such Matters and therefore he sent for him knowing him to be willing to do any Services between them The first thing his Grace desired was to acquaint his Wife and the Lady Peterborow and he thinks he Named the Lord Peterborow that he expected to be Indemnified from the Dutchess's Equipage for says he I hear she is setting up for a great Equipage and I desire to be free from being obliged to pay for any of that he told his Grace that he thought he was misinform'd for all the Equipage he saw
was a Coach Coach-man two Foot-men a pair of Horses and two or three more Servants but says his Grace I formerly paid Money for her to one Mourton and should be unwilling to do so again I presume my Lord Duke said he that was a Debt contracted while your Grace and the Dutchess lived together but says his Grace pray do you acquaint them of it for this is what I expect Next says his Grace my Wife has some pretentions upon Castle-Rising which I could Sell without her Consent by losing Two Thousand or Two Thousand Five Hundred Pounds and besides I find she hath also a pretention upon Billing which I never knew till very lately when I was upon Selling of that Reversion but I should have been an ill man to pretend to do that if I had known of any such Incumbrance Therefore I would have you tell my Wife that if she will consent to the Sale of those Estates and make me easy in that particular let her consider wherein I may make her easy and I shall do it I know she was a great Lover of Drayton and I suppose is so still and she did once offer me a considerable Sum of Money for my Life in it therefore let her consider of this Matter and if she can propose any thing for her ease and quiet on these Terms I shall comply with her I do not say it to threaten her But I am told that for the Reason of there being either One and Twenty or Two and Twenty Catholick Heirs of my Family before One Protestant One if I would bring in a Bill of Divorce I should obtain it on that account he told his Grace he should be sorry to hear of any such thing But in Obedience to his Grace's Commands he would acquaint the Dutchess with it accordingly he did the same day and Lady Peterborow both her Grace was very Grace was very angry at the Message especially at that part that mentioned a Divorce and he was sent the next Morning to Mr. Scott to desire him to acquaint the Duke that as he was my Lord Peterborow's Servant it was not fit for him to receive nor bring such Messages But if his Grace had any thing to say it was most proper by a Servant of his own or to send for one of hers I carried the Message the next Morning to Mr. Scott and at my return Home the Dutchess shewed me a Letter she had Writ to the Duke to the same purpose and which was sent to his Grace but not by him the Dutchess did declare when he proposed the Sale of Castle-Rising and Billing as the Duke had desired that she would never Consent to it By any of this Discourse it did not appear to him that the Duke showed any Inclinations to live with the Dutches nor did he understand it so Observations upon the Depositions of Mrs. Judith Stourton Edith Sawbridge Elizabeth Camell Mr. Mathew Scott and Mr. Robert Welborne THE Reader will find this Discourse about Mr. Germaine and the Dutchess to be a Scandal of a matter of Six Years standing Hudson a Cast Footman has sworn to the Shirt and Wastcoat and that he immediately told my Lord of it Ann Burton swears likewise with another false Oath between her Teeth that this Shirt and Wastecoat were sent by the Duke to the Lord Peterborows It follows now to be noted what course has been taken from the First to the Last for a thorough Discovering of the Truth of this Matter and now it comes to pass that the Thunder-Bolt should hang in the Air so many Years after the Breaking of the Cloud Mrs. Stourton is here upon her double Oath first under the Shrift of the Duke and my Lord Peterborow who took her privately and Adjured her as ever she hoped to see God in Heaven to declare what she knew as to the Dutchess being an Adultress she purg'd her self upon her hopes of Salvation that the Dutchess was as Vertuous as any Woman alive for ought she knew she swore the same thing over again at the Bar of the House of Lords and being Internogate about the Shirt and Wastcoat before spoken of she swore likewise that she saw no Shirt or Wastcoat at that time Edith Sawbridge was now produc'd against the Credit of Mrs. Judith Stourton and lays the stress of her Evidence upon what Mrs. Kniffton said which has been the very Pinch of the Question throughout the whole Cause and the Prosecution has still been at a Fault when it came to any material Point that is to say only the Hear-say Witnesses are produced and those that can speak upon Knowledge and positively to the Fact are withdrawn or conceal'd contrary to the Practice and Reason of all Judicial Proceedings Mrs. Stourton is called in again to confront Edith Sawbridge and denies every Article in her Deposition one by one that is of any moment but at the same time there appears no Exception on the other hand to the Credit of Mrs. Stourton Neither is it to be imagin'd that any Woman should dare to swear false in a Case where two such Witnesses should be privy to the Perjury It follows now to be noted what Course has been taken for a thorough Discovery of this Intrigue according to the usual Methods of Honour and Justice The Examination of Mrs. Stourton by the Duke and my Lord Peterborow was as solemn strict and private as the Case required and it was while the Clamour was fresh too So that there was no Time lost when they enter'd upon the Scrutiny It will be seen in that which follows by what degrees the Heat of this Calumny cool'd and what brought it on again The Duke and Dutchess went for France together about a Week after the Breaking out of this Clamour and Elizabeth Camel waited upon the Dutchess who swears that they went lovingly together and parted with Tears on both sides my Lord telling her Grace at Parting that he would fetch her away suddenly They eat and drunk together every Day and were frequently together in private but she cannot say they lodg'd together So that thus far in all outward Appearance the Mis-understanding seem'd in some measure to be composed Mrs. Scot speaks only to the matter of Monies and Accounts which is little or nothing to the purpose in this place except only as to the One Hundred Twenty and Five Pounds mentioned to be pay'd by him for the Dutchess's use which was a Quarterly Payment out of Five Hundred Pounds per Annum adjudged and ordered by the High-Commission Court to be pay'd to her in lieu of Alimony But Mr. Robert Wellborne comes to the very Merits of the Cause and the present State of the Question He deposes that in November last the Duke sent for him and told him among other things by the by that the Dutchess had some Pretentions upon Castle-Rising and also upon Billing and thereupon order'd the Witness to give her Grace to understand that if she
would consent to the Sale of those Estates and make the Duke easie in that particular let her but consider wherein he himself might make the Dutchess easie too and upon those Terms he would do it His Grace told the Witness farther that there being One or Two and Twenty Catholick Heirs to the Family before one Protestant Heir if says his Grace I would bring a Bill of Divorce I do not say it to threaten her I could obtain it on that Account The Witness acquainted both the Dutchess and the Lady Peterborow the very same Day with the substance of this Message her Grace taking it very heinously to be told of a Divorce and the next Day the Dutchess shewed the Witness a Letter she wrote to the Duke upon this Occasion declaring that for Castle-Rising and Billing she would never part with them It appears from hence that upon the Examination of Mrs. Stourton and other necessary Enquiries into the grounds of this Scandal the violence of the first Impression was so far taken off that according to the Evidence of Elizabeth Camel my Lord was pleased to treat the Dutchess with all Instances of Tenderness and Respect both upon their Passage into France and upon the Places there those of the Bed only excepted In this state Matters have continued some five or six Years now without any Speech or Thought of a Divorce that ever the Dutchess heard of till Mid November last in a Message by Mr. Welborne from the Duke and that was but upon a certain Condition neither however it was improved afterwards into a Bill that upon the seventh of January following was formally brought into the Lords House The Reader will need no other Light to a true understanding of the Strait her Grace was in upon this Surprize and the Disadvantages she was exposed to than what he has here before him in the Order of the Journal it self Where he will find the Dutchess so scanted for time to produce Witnesses and prepare her Defence that it was a wonderful Providence she should do so much as she did Though in the mean while her Grace has lost the benefit of several considerable Witnesses for want of time to find them out and bring them together Now as for Mr. Welborne's Deposition it carries the Countenance rather of a Treaty than an Accusation the Duke's part is only a calm deliberate Discourse consulting the Reciprocal Ease both of himself and of the Dutchess Terms are proposed and promised and not one Word or Glance of Reproach from one end to the other of it Mr. Welborne upon the Duke's asking him at the Lord's Bar if by his Discourse he understood an Inclination to live with the Dutchess 't is true did not gather from his Words as if he had any thought of living with her the only hard thing said was that about his Catholick Heirs which seem'd to turn the Case of Adultery into a Case of Religion Let any Creature judge now whether the Dutchess durst to have stood it out thus if she had been guilty of so foul a Crime when she might have been safe and free as appears by the Proposal upon Terms so much more easy To make a short Summary now of the Whole a Word first to the Character and Quality of the Witnesses There is Owen a Street-Porter brought in as a Witness to the Privacies of the Dutchess's Bed-Chamber besides several unanswerable Exceptions to the Particulars of his Evidence There is Ellwood a Coblers Wife and a Gilting little Slut that 's as palpably detected of Falsity as the other Hudson a poor Roguy Tricking Footman that was turn'd off for his ill Behaviour Burton a beggerly Wench that cheated her Landlady and forswore her self in this Cause at the Lords Bar Varelst a Painter and by Intervals a Mad-man Foster a Coachman that was turn'd off by his Master and swore to be reveng'd of him Lloyd under several manifest mistakes but nothing to the main Cause Scriber Anderson Hemming Reynolds and Margaret Foster say not one word to the purpose Wadsworth a pilfering Servant that robb'd her Mistress and her Evidence most notoriously expos'd Now as these Witnesses are of very little value upon the Stock of their own Credit so the Witnesses against them cannot be deny'd to have a fair Reputation on the other hand And it is very extraordinary that after the naming of so many Persons in their Depositions that said or did or heard or saw this or that the Prosecutors have not brought in so much as one Creature to second the Swearing Evidence Tho' it is sufficiently known they could have found them if they would have ventur'd the Cause upon that stress It is to be consider'd once more what a difference there has been betwixt the Demeanour of the one side and the other towards the Evidence What Promises Flatteries and engaging Obligations on the one hand and not so much as one Word or Deed directly or indirectly that look'd like a Practice or a Prepossession on the other part of the Dutchess Let this be taken in the softest sense for it is a great Misfortune when officious Instruments that are foreward'd to broach Scandals meet with easie and good natur'd Dispositions that are too open perhaps to receive them This may serve in some measure perhaps to remove the Evidence of those that are not wilfully Deaf and Blind and for the rest it is left to Time and Providence to bring the Truth to light in its due season and to vindicate the Cause of the Innocent and Oppressed FINIS