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 Henâ—…age Knt. Sir Thomas Graâ—…tham Knt. Sir Charles Humpâ—…revel Knt Sir William Hill Knt. Ralph Haughtry Esq Robert Shesfield Esq Hugh Squire Esq Iohn Cuâ—…gs Esq Charles Prior. Richard Craddock William Withers Esq Richard Pagâ—… Esq Clerk of the Papers HENRY Duke of Norfolk is Plaintiff and Iohn Germaine Eâ—…que is Defendant The Record sets forth For that he the said Duke nowâ—…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 Gâ—…rrer and Lord Marshal of England and hath been of good Name Fame and Conversâ—…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 sâ—…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 Dâ—…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 â—…o produce strong â—…nd pregnant Evidence but our Proofâ—… 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 suâ—…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 Dutâ—…hess and Germaine Rowl Owen I was ordered by one Henry Keamer to go down to White-hall with Plate and Tâ—…ble-Cloath and to go to the Blue-Posts for some things and then to go down to Wâ—…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 Dâ—…chess in Beâ—… together and the Dutchess pushed me out and asked me how I durst be so impâ—…dent as to come in and chid me Lord Ch Iust. Who chid you Attorn Gen. He saith my Lord the Dutchess of Norfâ—…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-â—…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
not Rowl Owen Yes Sir T. Powis Was this at Supper that Night Rowl Owen I cannot tell Sir T. Powis You carried down Plates Rowl Owen Yes Sir T. Powis Now I ask you This you say was Seven Years ago who did you tell it to Rowl Owen To the House-Keeper Sir T. Powis What was she Rowl Owen One Mrs. Webb Sir T. Powis Did you tell no body else Rowl Owen No indeed I will not lye Attorn Gen. We will call another Witness Margaret Ellwood Do you know the Dutches of Norfolk Margaret Ellwood Yes my Lord. Attorn Gen. Do you know Iohn Germâ—…ne Mar. Ellwood Yes my Lord I did about Seven Years since but I do not know whether I know him now Attorn Gen. Pray tell my Lord and the Jury what you know Mar. Ellwood It was my Business being House-Keeper to look after my Affairs and I being called down upon some Business I saw my Lady and Germaine together and I saw my Lady in an ill posture upon the Stool and my Lady said to Mr. Germaine kick her Serj Thompson Tell how you saw her Mar. Ellwood Why when I saw her I saw her bare Knee and Germaine was near to her and then I came away she being angry I came from her Serj Thompson Was Germaine's Breeches down Mar. Ellwood His Breeches was down and his Hat and Sword lay upon the Table Attorn Gen. What posture was the Dutchess in Mar. Ellwood I saw her bare Knee Attorn Gen. Was she lying down Mar. Ellwood Yes and the Saturday after I did see Mr. Germaine come and he went to Bed to her L. Ch. Ius How do you know that Mar Ellwood I opened the first Door and looked through the Key hole of the other Door and saw them go to Bed L. Ch. Ius How do you know he was in Bed with her Mar. Ellwood Why I saw them for there was a Wax Candle in the Chamber and I could see them easily L. C. I. What time was this you saw them in bed had they no Courtaiâ—… Marg. Ellwood Yes my Lord they had and thâ—…ugh they were drawn of both sides the bed they left them open at the foot L. C. Ius Did you ever pretend this before Marg. â—…llwood Yes I did L C. I. Did you ever Swear this before M Ellwood Yes my Lord I did in the Parliament House Sir T. Powis You have lived in several places since did you never â—…ell any bodies Servants M. Ell. To no body but to Mrs. Webb and my Lady next morning gave orders that I should be put away but she heard no more of it and I staid Attorn Gen. Do you know any thing else Mar. Elwood I was making my Lady's Bed with one Anne Burtâ—… and I found Mr Germaine's Handkerchief and Ruffles in the Bed all at one time Att. Gen. Do you remember any Shirt and Waste-coat that were found Mar. Ellwood Yes L. Ch. Iu. Did you find his Handkercheif and Ruffles in my Ladies Bed Mar. Ellwood Yes L. C. I. Did you never see him come down Sâ—…airs Mar. Ellwood We set Traps for him â—…o â—…all over but he never came down to fall over them Serj. Tremaine Do you know of any thing but in the first year of King Iames Mar. Ellwood No not I. Att. Gen. We will call another Witness Mrs. Benskyn I thinâ—… Mrs. Benskyn you are married Mrs. Benskâ—…n Yes Att. Gen. What is your Christian Name Mrs Bensâ—…yn Anne Att. Gen Pray tell my Lord and the Jury what you know Anne Benâ—…kyn My Lord I was House-Maid and Servant to the Dutchess in the first Year of King Iames's Reign about Barthotholomew-Tide my Lady Dutches went to London with Germaine Nell Gwin and some others and we did not expect them to come home that night but she did and after they went to Supper and after that they went to Cards and after that my Lady Dutchess had a great mind to go to bed and desired us to make her a fire and so we did and my Lady went to bed and said she thought the King and Queen should send for me I would not rise till Eleven a Clock to morrow morning so the Candles were put out and two Foot men stood to wait Because Mr. Germain he used to be Generous to the Servants and they waited till two a Clock in the morning and I asked them next morning if Mr. Geâ—…main had been there and they said no for they had been there all the while and if he came â—…e could not go for they said we have laid Chairs and Stools in the way that if he came he might fall over them and the next morning I saw a man with a Paper-Box in his hand and he asked me for Mr. Germains Chambers or Lodgings I told him I knew none he had there My Lord The next day my Lady Dutchess ordered me to make her a fire which coming to do Mrs. Kniveton was Combing of her head and Nell Guin came in and said Good morrow to your Grace how did you rest last night she said well and one Coll. Cornwell came in and said to my Lady Dutchess how doth Mr. Germain do And she said why do you ask me and Coll. Cornwall said he did not lye at home last night then Nell Guin said we shall see him come out by and by like a drowned Mouse and so I went to make my Lady Dutchess Bed and found a Handkerchief and Ruffles And Mrs. Kniveson came and said come hither and I will shew you a sight and when I came there lay a Shirt and Wastcoat and I took them away because it was a place that any body as they came might see them and my Lord Duke was not in Town Attor Gen. How came you to take notice of the Ruffiles and Handkerchief An. Benskyn Why Mrs Kniveton said it was a mans Ruffles Sir Tho. Powis How long was this since in 1685 Had there not been an Appeal Anne Benskin Yes there was Serj. Burch Was there any thing remarkable in the Bed Anne Benskin The Bed was stain'd Sir Tho. Powis What is your Name now Benskin Anne Benskin Yes Sir Tho. Powis What is your other Name Anne Banskin Burton Sr Tho. Powis Was you ever Marry'd Anne Benskir Sir You know I could have no other Name if I was not Marry'd Sir Tho. Powis You have Liv'd in several Places Anne Benskin I Liv'd with my Lord of Clare and my Lord Aires Serj. Burch Did Germaine go by any other Name than he goeth by now Anne Benskin Not as I know of Aâ—…t Gen. We will call another Witness one Thâ—…mar Hudson Att. Gen. Tho. Hudson Do you know the Dutehess of Norfolk and Mr. Germaine Tho. Hudson Yes Att. Gen. Pray what you observe betwixt the Dutchess of Norfolk and Germaine Tho. Hudsâ—…n Sir I was aâ—… Servant to Mr. Scroggs who was the Dutchess's Steward and so he going away on other Business I was left Butler at Windsor so there came two Captais to play at Cards and one
any wood from Fox-Hall to the Cock-Pit A. Anderson Yes Att. Gen. From who Andrew Anderson From my Lady Bateman L. C. Ius When did you carry him by Water And where did you take him up Andrew Anderson Sometimes my Lord from the Stairs in Channel Roe sometimes at one place and sometimes at another Attorn Gen. My Lord he saith he carried from Fox Hall some Wood and it came over and it was carried to the Cock Pit L. C. Ius When you see him then by what Name did he go by And. Anderson I never knew him then but by the Name of my Ladies Brother L. C. Ius What Name goeth he by now And. Anderson All that knoweth his Name knows it to be Germaine Attorn Gen. Did you know one that went by the Name of Goodman that lived at Foz Hall with his Lady Bateman And. Anderson Yes Attorn Gen. What is right Name And. Anderson I knew not but what was his right Name then but now I hear his right Name in Keamer L. Ch. Ius When you did carry him by VVater where did you carry him And. Anderson My Lord sometime to one place and sometimes to another as I am commanded I must observe Attorn Gen. VVe will prove that the Dutchess hath been sevral times privately with Germaine at the Cock-Pit and that Germaiee hath gotten a private Door into the Park for which he paid 40 s. to Mr. Bradbury Attorn Gen. Mr. Bradbury Pray where do you live Mr. Bradbury I live next Door to Mr. Germaine's Attorn Gen. VVhere is that Mr. Bradbury By the Park VVall next Door to the Cook-Pit Att. Gen. Pray tell my Lord and the Gentlemen of the Jury how it was was Mr. Hen. Bradbury My Lord Mr. Germaine had no way near as might go into the Park so he spoke to my Man that he might have a Priviledge to go through my Door into the Park so I ordered my Man to give him or his Servants Passage and about a Year after he sent a VVorkman to me that he might make a Dooâ—… out into the Park and I did agree with him for a Buck or 40 s. which he pleased And so a Door was made But since he hath gotten a Door himself into the Park Att. Gen. We will call another Witness one Iohn Dagly Iohn Dagly pray give an account of what you know of the Dutchess of Norfolk and Mr. Germaine Iohn Dagly I was at work there and I saw a Gentlewoman going to and fro up-stairs and down-stairs I asked who that was and I was told it was the Dutchess of Norfolk There was a brave curious Bed aâ—…d I was saying to some of the House thrâ—… it was a very fine Bâ—…d And asking what it might be worth they said it cost 700 l. And I was then just maoried I said I have a good mind to bring my Wife hither and give her a Flurt upon it And we then laid all our Heads together as if we â—…ere seâ—…ling the Nation and then they said That Bed was for the Dutchess of Norfolk Att. Gen We will call another Witness Serj. Burch Richard Owen do you know Mr. Germaine at the Cock-Pit Rich. Owen Yes Att. Gen. What Company have you seen with him Rich. Owen I saw a Lady in a Mask I may say a hundred times Att. Gen. How often Rich. Owen I may say a hundred times in a Mask walking about Another time I saw my Lord Duke of Norfo'k walking amongst the Trees in the Park and this Lady looking out of the Window towards him in Mr Germaine's House This I have seen I speak what I know Att. Gen. Pray Iane Wadsworth come and tell my Lord and the Jury what you know Speak out Do you know Mr. Germaine Jane Wadsworth Yes Att. Gen. Where liveth he Jane Wadsworth In Park-street near the Royal Cock Pit Att. Gen. Hove you ever seen the Dutchess of Norfolk at Mr. Germaine's House Iane VVadsworth Yes Att. Gen. Upon what account Iane VVadsworth I living next door going in for a Pint Poâ—… met a Dutchwoman that belonged to the House and asked her for it she said there was never a Pint-Pot there it was above Stairs and bad me go up and fetch it and so I did and I met the Dutchess of Norfolk â—…hen and she had a Night-Gown on and Flanders Lace but in Night Linning Att. Gen. VVas she undressed Iane Wadsvvorth Undressed aâ—… one may think she might have a Petticoat on L. C. I VVhat occasion had you to go there J. VVadvvorth For a Pint Pot my Lord and going up I saw the Dutchess of Northfolk going from one â—…oom to another And my Lord another time I saw the Dutchess of Northfolk and Mr. Germain in a Coach together Att. Gen. VVhen was that J. VVadsvvorth It was in March last and I saw the Coachman I asked him who it was thaâ—… he sat down out of the Coach and he said an honest Gentleman that gave him 2 s. for the carrying him from the Hor k-Ferry Att. Gen Have you ever seen Mr. Germain at the Dutchess house J. VVahsvvorth Yes I did disguise my self and followed him to see where he would go and I did see him go into the Dutchâ—…ss house 〈◊〉 tha Mill-Bank Att. Gen. VVhen was this J. VVadsvvorth In May last Lord Ch. Iust. What time a Day Ia. Woodsworth About my Lord 9 a Clock at Night Sir Thomas Powess When you went for the Pint Pot did you ever say any thing to any Body of it that you had seen the Dutchess of Norfolk Ia. Wadsworth Yes To one Hurman that I had seen the Dutchess of Norfolk How said he if my Master had seen you to go up stairs he would have killed the Dutch Woman Lord Ch. Ivst. Do you know my Lady Dutchess well Ia. Wadsworth Yes my Lord I know her well she had Flanders Horses stood in my Stable when I kept the Bear Inn and she came often to see them I knew her very well We will call another Witness one Ann Read Serjeant Burch Ann Read do you know Mr. Germain's House Ann Read Yes Serjeant Burch Where is it Ann Read By the Cock Pit Serjeant Bâ—…nch Do you know him Ann Read Yes Serjeant Burch What Company have you seen go there Ann Read In April last I saw a Chair go by and some said it was the Dutchess of Northfolk and so I went and saw her in the Chair twice Serjeant Burch Did you see her with her Mask off Ann Read I saw her with her Mask off and saw her sate down at Germain's House and the Door was immediately opened Lord Ch. Iust. Did you know the Dutchess before Ann Read Yes my Lord. Lord Ch. Iust. Did you see her before this Time Ann Read Yes my Lord. Lord Ch. Iust. What Time a Day was this Ann Read Betwixt two and three a Clock Att. General You say you saw her with her Mask off and sate down at Germain's House and the Door was immediately opened Ann Read Yes Att.
Trade are you Wit A Joyner Att. General Are you not imploy'd by Mr. Germain Wit Yes Attor Gen. How long since Wit Why ever since King William was crown'd Att. Gen. Have you been ever since imploy'd by him Wit No by times I have been Att. Gen. Upon your Oath Who did you hear this Lady was that us'd to come to Germains House Serj. Levins By the Oath you have taken Did you not hear it was reported it was the Dutchess of Norfolk Wit Yes Sir Serj. Bâ—…rch Did not you whisper daily in the Ear and say that you believed her to be the Dutchess of Norfolk Wit I cannot remember Serj. Pemberton Was that Woman in such a Condition as she saith the was Wit No I think that she was in as good a Conditionheâ—…â—…s she is now Serj. Thompson That could not be she was sain to be carrie in a Chair Serj. Pemberton We will call one 〈◊〉 Tell my Lord and the Jury what you heard Foster the Duke 〈◊〉 Norfolk's Coachman say of of Mr. Germain Hall Why he said that Mr. Germain had done very ill in turning him of in Ireland and he would be reveng'd of him Tho. Foster My Lord Mr. Hall and I was speaking somthing of the Duke and Dutchess of Norfolk then I said â—…o him that Mr. Germain had done very ill by me in turning me of in Ireland but I did not say I would be reveng'd of him Wit I chancing to go to Spring-Garden I saw Thomas Forster carrying Water to the Horses that was in the Stable and after he and I had spoke to one another What said he will not you make me drink this Morning I told him I did not care if I did and so we went to drink now said I to him Thomas are not you a fine Fellow to abuse so good a Master that would give you Mony when you wanted it are not you sorry for it I am saith he but it is too late but the Devil I think had possessed me and he said he was got to be drunk and when one is drunk he will say any thing said he I remember not a word I said and said he I hope my Master will pardon me and he said that some was promised good Imployments in the Dukes Service but none had gotten any but one and that is House-Keeper and he said it was better to be a House-Keeper in Hell Did he say he had wronged Mr. Germain Yes he did and said he was druuk L. C. I. He was not drunk when he was in the House of Lords He said he was sorry that he had wronged his Master and he hoped that he would pardon him Serg. Tremaine We will call Alexander Harman Did you ever see that Woman Iane Wadsworth in Mr. Germaine's House Alex. Harman No Sir I. Wadsworth Pray my Lord give me leave and I will tell you how it was Alexander Harman came into my House and I told him That I had seen the Dutchess of Norfolk at Germaine's House I told him I wanted a Pint Pot that I had lent to Mr. Germaine's House and going thither asking the Dutchwoman for it they bid me go up the stairs for it and so I did and then I saw the Dutchess of Norfolk said he to me You should not have gone up the Stairs for it for if my Master should have known it he would have killed the Dutchwoman Sir Will. Williams We will call another Witness Margaret Candy What did you hear this Woman Iane Wadsworth say Margaret Candy She came to Mrs. Cooks with a Paper in her hand and said she I thought I had seen the Dutchess of Norfolk at Mr. Germaine ' s House but now she said she is better satisfied that she never did see her there Sir W. Williams Did she complain that she was beaten and abused Margaret Candy Not as I know of Serg. Pemberton She and others were examined in the Lords House and the Lords would not believe them L. C. I. We do not know what the Lords did believe or disbelieve they were examined so far forth as to enable them to make a Law we must now hear what the Witnesses say Sir W. Williams We will call another Witness Francis Knight Francis Knight was you ever at Germaine's House Fr. Knight No my Lord. L. C. I. The Woman said she talked with you there Fr. Knight She will not say it to my face L. C. I. Did you ever carry a Letter from the Dutchess of Norfolk to Mr. Germaine or to any Person in his House Fr. Knight No my Lord. L. C. I. Mr. Bowtel saith That he saw the Dutchess and this Maid Was not you there in the Summer Fr. Knight Never L. C. I. Never carried a Basket Fr. Knight Never L. C. I. Did you never go with a Chair Fr. Knight No L. C. I. Call Mr. Bowtel again Att. Gen. Mr. Bowtel Is this the Maid that had the Basket of Cloaths Mr. Bowel As I supposed to be Cloaths Att. Gen. Did she come out of the House when the Chair came Mr. Bowtel She followed it presently and then I was near her and knew her Face Att. Gen. Is this the Dutchess's Servant Mr. Bowtel Yes Sir she was the Dutchess's Servant I saw her then Att. Gen. When was this Mr. Bowtel In April last Att. Gen. Was you upon your Oath in Germaine's House in April last Fr. Knight I broke my Leg then Sir W. Williams Was you in April last in Mr. Germaine's House Sir T. Pewis Was this in open day Mr. Bowtel Sun was about half an hour high Sir T. Powis We will call another Witness one Mrs. Pennington Do you know one Iane Wadsworth was the your Servant Mrs. Pennington She was a while she pretended to be Sick and as I was informed afterwards she was not for there was a Man that gave Physick and I bad him to go and look upon my Maid and he did so and came and said your Maid may be sullen but she is not Sick and coming to her I sound her sullen and afterwards I met her out of my House said I Iane What do you do here she made some excuse and said she was not well I told her I would take care of her and how that they did not deserve Servants that would not take care of them when they was Ill I saw her muâ—…ed and her Coats trussed up I walked after her and said Iane Whither art thou going and bid her let me see what she had in her Coats and I thought it was good to have a Witness I spoke to one said I Gaffer Hall come hither do you take notice that this Linnen is all mine A good while atter I saw this Iane Wadsworth standing at Mr. Bird's said I she was my Servant several Years ago and my Lord this happened when the Dâ—…fference was betwixt the Duke and the Dutchess for they said she was a grievous Witness against the Dutchess Upon this Mrs. Bobsâ—…n my Lord of Peterborough's Servant sent to
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 caâ—… 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 Flandâ—…s W. Hâ—… A Mâ—…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 mâ—…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 Hâ—…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-Râ—…sing that my Wife hath a Pretention to and of Bestoe-Bâ—…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. Dâ—…gly Yes Att. Gen. Pray What Reputation is she of Mr. Dugly Very good Reputation Att. Gen. Was she ever upon the Parish Mr. Daâ—…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 Iurâ—… 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 Mâ—…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. Emâ—…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 Mâ—…id was there and the Maid cometh and saith that she was not there that she was ill and her Leg was broâ—…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 neveâ—… was in the Poors-Rates or in the Poors Book And then as to Mrs. Pennington what shâ—… saith against her she answereth this Thaâ—… why she did Live no longer with her she saith Her Mistress kept a disorderly House The Question will be What was Betwixâ—… 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 aâ—… 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 betweeâ—… 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 Iurâ—… came with their Verdict to the King's Bench Barr and being asked If they were agreed 〈◊〉 their Verdict They said Yes And being aâ—…ked Who should say for them They said Theâ—… Fore-man And being asked Whether thâ—… found for the Plaintiff or Defendant The said For the Plaintiff And being asked Whâ—… Damage or Cost They said One Hundrâ—… Marks Damages with Cost of Court FINIS