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B10237 A Vindication of Her Grace, Mary Dutchess of Norfolk. Being a true account of the proceedings before the House of Lords, (from Jan. 7th. 1691. to Febr. 17th. following) upon His Grace the Duke of Norfolk's bill, entituled, An act to dissolve the marriage, &c. occasioned, by several libellous pamphlets lately published, and dispersed, under the same pretence and title. / [Publis]hed by the direction of Her Grace the Dutchess of Norfolk. Norfolk, Mary Howard, Duchess of, 1659?-1705.; Norfolk, Henry Howard, Duke of, 1655-1701.; England and Wales. Parliament. House of Lords. 1693 (1693) Wing V478; ESTC R186015 45,346 28

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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 ●ock 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 Council 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 Council for his Grace the Duke of Norfolk as also the Council 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 Council 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 Parl●●ment assembled That the Council for his Grace the Duke of Norfolk as also the Council 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 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 on 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 summonned 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 entred upon and after some previous Debates by their Lordships they were pleased to apjourn till the next Day when they proceeded viz. Die Mercurii 17 Februarii 1691. THe Depositions 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 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 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. Keyner 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 Lodgnigs was shut but he opened it with a Key he had Rowland Owen examined a second time saith he never ha● the Key of the Lodgings but once that Mr. Keymer g●v● him the Key when he went as as he told him to th● Blew Posts in the Haymarket to bespeak the Dutchess's Supper he saith he saw not Francis Knight then in the Lodgings nor any other Woman but the Dutchess of Norfolk he saith h●●● hath seen Keymer often open the outward Door of the Lodgings when he hath been by without calling Francis 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 gon● 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 H● knows not well who recommended him to him he hath a●● hundred Men now and he knows not that three of them wer● recommended He hath trusted him with Goods an hundre● and an hunded times that he might have imbezell'd and othe● that he hath so trusted have cozened him and he hath l●● 20 l. in a Months time by them He works at our wo●● and that better than twenty that he hath had and he 's 〈◊〉 Porter he saith he knows not Mr. Negus nor was not 〈◊〉 quainted with him till Yesterday John Jones saith he hath known Rowland Owen above th● Years and that he 's a very honest Man and that he ever for him faithful that he lodged in his House and that he m●●● have done him injuries if he would and he hath been 〈◊〉 ployed else where and he never heard ill of him he beli●● he 's a Man of a
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 fourteen 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 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 being in the Charge against his Dutchess and particularly to the Person Time and Place by Saturday next at twelve 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 Jermaine of the Parish of S. 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 Whitehall Windsor and within the Parishes of S. Margaret's Westminster S. Martin's in the Fields S. James's S. 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 six 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 easie 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 Jermaine of the Parish of St. Margaret's Westminster The Times and Places when the said Crime was committed were at Whitehall in the
Hudson says likewise That the Servants murmured amo●●●● themselves That my Lord was wrong'd and that he told 〈◊〉 Lord of it Colonel Jacob Richards deposes That he him●●●● 〈…〉 ●●ng of a Noise of the Adultery Hudson made Answer 〈◊〉 it was a false Accusation and he knew nothing of it ●ow as to Hudson's Credit he was Colonel Richard's Foot●● who turn'd him off as a Tricking Fellow and not fit ●e trusted Mr. Negus the Duke's Servant both then and 〈◊〉 was of the same Opinion too and advised by Letter 〈◊〉 putting of him away as a dangerous Fellow This Story of Mr. Germain's sending his Man for clean Lin●● over Night and the bringing it next Morning has little ●●t even supposing the Fact to be true First The Order ●is given bare-fac'd and consequently no Mystery in it Se●●ndly There was a Set Company at Play and that was not 〈◊〉 opportunity for a Love-Intreague Thirdly it is no new ●●ng for People to Sit-up all Night at Play and change their ●●nnen next Morning without any offence to Honesty or ●●ood Manners where they may have a Privacy so to do it And 〈◊〉 my Lady's Woman and Ann Burton took away the Shirt ●●d Wastcoat as he says they did there 's no great hurt in that ●either tho' it 's much to have Three such Confidents to such Secret an Under-Footman privy to the Intreague of Ger●●ain's Man going and coming and raking in the Womens Clo●● among the Linnen But still the only proper Witnesses are kept behind the Cur●●n Ann Burton indeed is produced and we shall see what ●nd of Evidence she proves her self in the next place ●nn Burton Examin'd on the behalf of the Duke of Norfolk against the Dutchess ANN BVRTON saith she was a 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 Germaine When my Lady came home after Supper she was in great haste to go to bed when she was undrest ●he said she would lock us out because she would not be disturb'd before Eleven a Clock the next Morning tho' the King ●nd Queen should come Hudson told her Germaine 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 Germaine's Man came with his Linnen he said his Master was there My Lady order'd a Fire to be made in my Lord's Room where when she was come Mrs. Nelly Gwin came in and ask'd her how she lik'd her Night's Rest And being ask'd for Germaine she said she knew nothing of him My Lady complaining of her Hair being out of order Nelly answer'd 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 Germaine and my Lady saying she knew nothing of him Nelly Gwin 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 Germaine's Shirt and Wastcoat and afterwards making 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 Peterborough she saith she is a single Woman and was never married This was about Bartholomewtide Six Years since she supposeth the Bed was Stain'd both by a Man and a 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 comes 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 was 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 Mony 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 nor 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 Good 's 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 Duchess and she was to have Mony 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 Mony 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 called 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 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
Purse of Gold or Dutchesses Letter to smother the matter but on the contrary Ellwood was threaten'd provok'd and defy'd instead of cajoling her And what was all this for at last but only to remove a Jealousie and most ridiculously at the same time to condemn themselves by a Confession out of their own Mouths and improve the Suspicion into a Certainty Can any body imagine that they would not have done more to have supprest Owen's and Ellwood's evidence than Ann Burton's or Simon Varelst's who swears farther that his Wife heard all this discourse betwixt Germaine and himself in the next Room and told of it Why was she not produced then or the persons to whom she told it But Rothmell swears that Mrs. Varelst said the Dutchess had ill people about her and was much wrong'd and that she herself could clear her about the scandal of the Linnen so that 't is plain Mrs. Varelst was not an Evidence for the present Turn Thomas Foster Examined on the behalf of the Duke of Norfolk against the Dutchess THomas Foster saith that he was Coach-man to Mr. Germaine and carried the Dutchess of Norfolk often about two years since in his Coach and brought her home and the Foot-men have had four Half-Crowns given them and Marting a Dutch-man his helper called it Hush-Money it was by right against a Light that he saw her Face in the Coach it was about Seven or Eight a Clock at Night about this time a hear he hath seen her Face once in the day time she looking out of a Sash-Window two Stories high in Mr. Germaine's House in Park-street he knows her Face well enough he hath seen her before and since she was Married Witnesses Sworn on the behalf of the Dutchess of Norfolk for Invalidating the Testimony of Thomas Foster JOhn Hall saith that he lives at the Coffin in Tuttle-street and is a Joiner he saith he hath known Thomas Foster two years and that about three weeks since they being drinking together and talking about the Duke and Dutchess of Norfolk he said Mr. Germaine had done ill things by him in turning him off in Ireland and in turning him off here and he was resolv'd to be reveng'd of him Hosea Grimsley saith he lives with Mr. Germaine and that he hath known Thomas Foster above a year and three months in Mr. Germaine's Service he heard him say in the last week of December last in Mr. Cook 's House about three days before he was turn'd away that he thought it no more sin to Murther his Master than it was to kill a Louse he saith he hath lived with Mr. Germaine about a year and half and that he never saw the Dutchess of Norfolk with him and that he hath ever since he came to him lived with him in the place where he now lives he saith he never saw Mr. Germaine with a Woman that was called the Lady Bateman nor knows any such Name or Person Observations upon the foregoing Evidence THere is not one word in Foster's Evidence true or false that 's worth the hearing only it is levelled upon the main at the Dutchess of Norfolk and Mr. Germaine and John Hall gives the reason of it for this same Foster he says was Mr. Germaine's Coach man who he said would turn him off and he would be revenged of him Hosea Grimsly testifies also that some three days before Foster was turned away he said he thought it no more sin to kill his Master than to kill a Louse So that the Evidence he gives was grounded on the malice he bore his Master for turning him off Thomas Lloyd Examined on the behalf of the Duke of Norfolk against the Dutchess THomas Lloyd saith he knows one that went by the Name of the Lady Bateman at her House at Fox-hall one Germaine a Wine-Merchant took the House she came thither about Midsummer 1689. She was off and on there till last Michaelmas He hath seen the Person that went by the Name of the Lady Bateman and it is the Dutchess of Norfolk Goodman was her chief Man and his real name is Keymer Her Brother as was pretended which he hath heard was Mr. Germaine was the chief man that came there sometimes he came once or twice a Week sometimes oftner he 's certain as the Servants said it was Captain Germaine that came there every body said it was he He knows him not by his Name but by Hear-say if he could see him now he could tell whether it was he he hath not seen him since the Lady went away he believes Germaine was there every month in both the last Summers he cannot say that Goodman was ever there when Germaine was there he saw him several times there in May June July and August 1691. Germaine's own Hair was then pretty long He cannot positively swear he was Captain Germaine he supposes if he saw him now he could know him Witnesses sworn on behalf of the Dutchess of Norfolk for invalidating the Testimony of Thomas Lloyd ALexander Herman saith that he served Mr. Germaine he hath left his Service a year and a half about eight Weeks after he came from Ireland with the King h● served him a Year and half Mr. Germaine was in Ireland with the King in the Summer in the Year 1690. He went to Ireland two days before the King that Summer he continued there four Months he believes he went the last of May or the firs● of June he came back with the King He the Witness serve● him all that while in Ireland and saw him every Hour an● every Day and never stirr'd from him he came from Ireland in the same Ship with the Lord Villers the Earl of Manchest●● and Mr. Felton and he went to Ireland in the Monmouth Yard with the Envoys of Holland and Brandenburgh and the Marquess Mompavillon He saith Mr. Germaine was at Brussels May last he saw him there and spoke with him there 〈◊〉 ●aw the Lord Villers and the Lord Lumley there with him he lodged in the same Tavern there with him for four Days and saw him not after He the Witness coming then for England left him there He never knew him wear his own Hair his own Hair is dark brown He never knew him appear abroad without a Wigg his Hair is about half a Finger long he wore a fair Perriwigg He saith he the Witness was quarter'd in a little Tent behind him in Ireland he could not stir but he heard him he saith that four weeks after he saw him in Brussels he saw him walking in St. James's Park Anthony Moree saith he was Barber to Mr. Germaine the first time he shaved him was about five or six years since his own Hair is brown he shaved his head very often he shaved him before he went to Holland and since he came home he never saw his Hair long enough to cover his Ears nor saw he him ever wear his own Hair but a Perriwigg he shaved him for a year and half before