• Mr. Attorney General.
• Mr. Solliciter General.
• Mr. Serjeant Levins.
• Mr. Serjeant Thompson.
• Mr. Serjeant Burch, and
• Mr. Bannister.

• Mr. Serjeant Pemberton.
• Mr. Serjeant Tremaine,
• Sir William Williams.
• Sir Thomas Powis.
• Mr. Serjeant Girdler.
• Sir Bartholomew Shoare.
• Mr. Iones.

Cryer, call the Defendant, Iohn Germaine, Esq

Iohn Germaine, come forth, and make your Defence, or else you wil be taken by your Default.

We appear

Cryer, Call the Jury.

Gentlemen of the Jury, answer to your Names.

• Sir Michael Hen [...]age, Knt.
• Sir Thomas Gra [...]tham, Knt.
• Sir Charles Hump [...]revel Knt
• Sir William Hill, Knt.
• Ralph Haughtry, Esq
• Robert Shesfield, Esq
• Hugh Squire, Esq
• Iohn Cu [...]gs, Esq
• Charles Prior.
• Richard Craddock.
• William Withers, Esq
• Richard Pag [...], Esq

HENRY Duke of Norfolk is Plaintiff, and Iohn Germaine, E [...] (que) is Defendant: The Record sets forth, For that he, the said Duke now [...]s, and for several Years last past, hath been, and more especiall: for the space of Four Years last past, enstated one of the Knights of the G [...]rrer, and Lord Marshal of England, and hath been of good Name, Fame, and Convers [...]tion; and hath not only gained the good Will, Esteem. Credit, and Affection of all Their Majesties Liege People, as well Neighbours, and others: But also of the King and Queen, who chose him to be one of Their Majesties Privy-Councel. The Defendant not being ignorant of the Premises, but endeavouring to grieve the said Duke; and not only to bring him into Disgrace and Con­tempt with the late King Iames the II. and his Subjects, but al­so with the King and Queen that now is, and all their Liege Subjects. The First day of August, in the Second Year of the late King Iames the Second, and divers times afterwards, the Desen­dant, without the leave of the said Duke, hath unlaw­fully kept Company with the said Dutchess; and by Lasci­vious Tricks, and Obsequious Glances, Winks and Nodds, and other Lascivious Ways and Means, and by fair Inticements and [...], committed Adultery with the said Dutchess, and caused her for to commit Adultery, and caused the said Dutchess for to absent from the s [...]id Duke; and the said Dutchess, against the Will of the said Dutchess, did detain; by reason whereof, he is not only deprived of the Society of his Wife, and of other Ad­vantages in managing his Domestick Affairs, but also he the said Duke, being so troubled and disquieted in his Mind, that he could not attend the necessary Affairs of this Realm as he ought: And this he layeth to his D [...]mage 100000 l.

The Defendant pretendeth, That he is not guilty of any thing within this Six Years.

The Plaintiff he cometh, and replyeth, and saith, That he is guilty within this Six Years.

Your Issue is to try whether he was guilty within this Six Years, before the 26th. Day of May last past.

Mr. Bannister. May it please Your Lordship, and You Gentle­men of the Jury; This is an Action brought by Henry, Duke of Norfolk, against one Iohn Germaine. The Plantiff setteth forth, That the First day of August, in the Second Year of the Reign of the late King Iames, the Desendant did by unlawful ways and means intice away his Dutchess, by which means he had not the benefit of her Society; and by his Lascivious Conversation, committed Adultery with her, and caused her to commit Adulte­ry; and this he layeth to his Damage 100000 l. If we prove he did so, we hope you will give us good Damages and Cost.

May it please your Lordship, and you Gentlemen of the Jury: This is a very Melancholly thing to be told; yet it is fit the Age we live in, may know it, so as the Offender may be punished. The Duke of Norfolk is the first Duke of England, Knight of the most noble Order of the Garter, Lord High Marshal of England, and one of the Lords of Their Majesties most Honourable Privy Councel, and he to be so abused! perhaps none sound any such Cause to come before any Court.

[Page 4] [...] a very hard thing for [...], [...] this Case is, [...]o produce strong [...]nd pregnant Evidence; but our Proof [...] are such' as I am asha­med to repeat▪ them, but desire the Witnesses may tell your Lordship, and the Gentlemen of the Jury what they know: It was not kept secret, but it was known so, as all the Kingdom did ring of it; and how the Defendant had the Dutchess frequent­ly to his House, and how they lived in Adultery we will take that method that is most plain.

My Lord, it will be necessary to give your Lordship an Account of something of the beginning of this Matter.

As to the time,

They would make this a sort of a running Ac­count.

It must be within Six Years before the 26th of May last, if they will prove any Adultery; before it is nothing.

If the Witnesses be not heard, it is impossible to tell whether it be within the Statute of Limitations.

If we hear it, and find it out of time, then when we have heard it, we can tell the Jury how it is, whether it be within the time they are to take notice of.

If they open Evidence that goeth beyond Six Years, I hope your Lordship will not su [...]er them to do that.

Here are Anticipation, Directions, and what not.

We will call Witnesses if your Lordship please. Come Rowland Owen, do you know the Dutchess of Norfolk?

Yes.

Do you know Iohn Germaine?

Yes, very well. I have seen him several times Dine and Sup at my Lord Duke's House.

Tell what Familiarity you have seen pass be­tween the Dut [...]hess and Germaine.

I was ordered by one Henry Keamer to go down to White-hall with Plate and T [...]ble-Cloath, and to go to the Blue-Posts for some things, and then to go down to W [...]e-Hall; there was a Supper to be that Night, and then I went down to White-Hall. Then when I came there at my Lord Duke's Apart­ment, I opened the Door; and afterwards going into a Room, I saw Mr. Germaine and the D [...]chess in Be [...] together, and the Dutchess pushed me out, and asked me how I durst be so imp [...] ­dent as to come in, and chid me.

Who chid you?

He saith (my Lord) the Dutchess of Norf [...]lk.

Pray when was this?

About Seven Years since.

Owen, you speak something of a Supper, and that you went down to White- [...]ale; who gave you the Key?

One Henry Keamer.

What, are you a Street Porter?

I am Usher of the Hall.

You are Servant to the Duke, are you not.

Yes.

Was this at Supper that Night?

I cannot tell.

You carried down Plates.

Yes.

Now I ask you; This you say was Seven Years ago, who did you tell it to?

To the House-Keeper.

What was she?

One Mrs. Webb.

Did you tell no body else?

No, indeed, I will not lye.

We will call another Witness, Margaret Ellwood,

Do you know the Dutches of Norfolk?

Yes, my Lord.

Do you know Iohn Germ [...]ne?

Yes, my Lord, I did about Seven Years since▪ but I do not know whether I know him now.

Pray tell my Lord and the Jury what you know.

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.

Tell how you saw her.

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.

Was Germaine's Breeches down?

His Breeches was down, and his Hat and Sword lay upon the Table.

What posture was the Dutchess in?

I saw her bare Knee.

Was she lying down?

Yes, and the Saturday after I did see Mr. Ger­maine come, and he went to Bed to her.

How do you know that?

I opened the first Door, and looked through the Key hole of the other Door, and saw them go to Bed.

How do you know he was in Bed with her?

Why, I saw them; for there was a Wax Candle in the Chamber, and I could see them easily.

What time was this you saw them in bed, had they no Courtai [...]?

Yes, my Lord, they had, and th [...]ugh they were drawn of both sides the bed; they left them open at the foot:

Did you ever pretend this before?

Yes, I did.

Did you ever Swear this before?

Yes, my Lord, I did in the Parliament House.

You have lived in several places since, did you ne­ver [...]ell any bodies Servants?

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.

Do you know any thing else?

I was making my Lady's Bed, with one Anne Bur­t [...], and I found Mr Germaine's Handkerchief and Ruffles in the Bed all at one time.

Do you remember any Shirt and Waste-coat that were found?

Yes.

Did you find his Handkercheif and Ruffles in my Ladies Bed?

Yes.

Did you never see him come down S [...]airs?

We set Traps for him [...]o [...]all over, but he never came down to fall over them.

Do you know of any thing but in the first year of King Iames?

No, not I.

We will call another Witness, Mrs. Benskyn. I thin [...] Mrs. Benskyn you are married.

Yes.

What is your Christian Name?

Anne.

Pray tell my Lord, and the Jury, what you know?

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 [Page 5] 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. Ge [...]main had been there, and they said no, for they had been there all the while, and if he came [...]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.

How came you to take notice of the Ruffiles, and Handkerchief?

Why, Mrs Kniveton, said, it was a mans Ruffles.

How long was this since? in 1685? Had there not been an Appeal?

Yes, there was.

Was there any thing remarkable in the Bed?

The Bed was stain'd.

What is your Name now? Benskin?

Yes.

What is your other Name?

Burton.

Was you ever Marry'd?

Sir, You know I could have no other Name, if I was not Marry'd.

You have Liv'd in several Places?

I Liv'd with my Lord of Clare, and my Lord Aires.

Did Germaine go by any other Name, than he goeth by now?

Not as I know of.

We will call another Witness, one Th [...]mar Hudson.

Tho. Hudson, Do you know the Dutehess of Norfolk, and Mr. Germaine?

Yes.

Pray, what you observe betwixt the Dutchess of Norfolk and Germaine?

Sir, I was a [...] 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 of the Captains asked, If Mr. Germaine lay ther [...]? I told him, No. Now, his Man, as I heard after, had brought Germaine a Shir [...] and Waste-Coat [...]r For, as soon as his Man was gone, we found the Waste-Coat and soul Shirt: And that same Day the Datchess treat­ed the Queen at Windsor?

When war this?

It was in 1685.

Was this in the Year 1685?

Yes, it was so; for I thok it down in my Book.

Did yhu swear all this before the House of Lords?

Yes; but only the Day of the Month I could not well remember then; [...] Ire [...]shed my Memo [...]y since:

We will call Mrs. Hastings and Elizabeth Knave.

Mrs. Frances Hastings, Do you know the Dutchess of Norfolk, or Mr. Germaine.

I know nothing of them, but only the lay at my House.

Did you know Mr. Germaine?

I saw him but once.

Did you ever see Mr. Germaine lye at your House?

Yes.

When.

The Pirst Year of King Iames's Reign.

How long?

A whole Summer:

We will call another Witness, one Elizabeth Knave.

Elizabeth Knave, Did you ever Live with Mrs. Hastings?

Yes.

How long?

A whole Summer.

Did you ever see the Dutchess of Norfolk?

Never.

Did you ever see the Dutchess and Mr. Germaine to­gether?

No, but that Mr. Germaine's Servant said, It was the Dutchess of Norfolk, that was with Mr. Germaine: And as she and I was making the Bed, I found an Handkerchief, m [...]rkt with an M, and a Coronet.

In whose Bed was this?

Why? ir was in Mr. Germaine's Bed.

How long since?

In the First Year of King Iames's R [...]ign.

Woman, Did you find the Handkerchief?

Yes, my Lord.

What Mark had it?

An M, and a Coronet.

You see, how far we are gone?

All without the Statute.

We shall shew to your Lordship, and to the Gentle­men of the Jury, That my Lady Dutchess went by the Name of my Lady Bateman, and Mr. Germaine went by the Name of her Brother; and he did take an House at Fox-Hall, beyond the Water; the Man's Name was Scriber: And she liv'd in that Place for Three Quarters of a Year, and more; and then Mr. Germaine came constantly to her; And it was known after, to be the Dutchess of Norfolk, though she wens by another Name, and her Servant Henry Keamer also: This Keam [...]r was he, that the First Witness, gave him a Key to the Chambers at White-Hall.

Pray do you know oue M. Germaine?

Yes, Sir.

Pray did he come to take any House of you?

Yes, Sir.

How long since?

Above Two years since.

Who did he take it for?

He told me for a couple of Ladies that came from Holland; As he told me.

Pray by what Name went they?

One went by the Name of Mrs. Brian, another by the Name of Madam Bateman,

Did you know any Gent. called Mr, Germain, that lived near the Cock-Pit.

Indeed Sir, I know not where he lives. I have seen one walking in the Garden that went bv the Name of my Lady Bate­mans Brother.

Where is your House?

At Fox Hall.

Who paid you the Rent?

One half y [...]ar (my Lord) was paid by my L [...] ­dy Bateman.

What [...]ervants had she?

She had one that went by the Name of Goodman.

We will call another Witness.

Thomas Lloyd.

Do you know the Lady Bateman, and Mr. Iohn Germaine?

Yes Sir.

How often have you seen Mr. John Germaine at Fox Hall?

Often.

Who was the Lady Bateman?

The Dutchess of Norfolk.

How do you know that?

Because I have seen her coming out of the House of Lords and they said it was the Dutchess of N [...]rfolk.

Are yo [...] sure o- that?

Yes Sir.

What is he?

I know not, but I heard after, his Name was Heaven, but when he w [...]ited of the Lady Bateman, he went by the Name of Goodm [...]n. About Michaelmas last was 12 months; it was I Sir, Mr. Germaine, that Summer was walking with the Lady Bateman.

You say you saw Mr. Germain, walking that Summer, with the Lady Bat [...]maine. What Summer was that that?

Why, Summer was a twelve month?

Are you sure it was within 2, 3, or 4 Years.

Yes, that I am sure of.

Was it the beginning or the ending of S [...]mmer.

It was about the height of Summer.

We will call another VVitness, one Robert Henningway [...]

Where do you live?

At Fox-hall.

Do you know one that went by the name of the Lady Bateman.

Yes, Sir.

Do you know how it was?

The Dutchess of Norfolk.

Do you know the Dutchess of Norfolk if you saw her?

Yes.

And are you sure that she that went by the name of the Lady Bateman, is the Dutchejs of Norfolk.

Yes.

Do you know one Mr. Goodman, that waited upon the Lady Bateman.

Yes.

VVas that his right name.

No, his name was K [...]amer.

VVhere did you see her?

Near her Fathers House, my Lord Peterboroughes.

VVhy, how did you know she was the Dutchess of Norfolk.

VVhy, all that ever I knew▪ said she was so?

VVhere did you see the Dutchess of Norfolk?

I have seen her in the House, and out of the House.

VVhat Occasions had you to observe her;

He was a Guardian imployed there.

VVe wi [...]l call another witness Andrew Anderson.

Do you know the Dutchess of Norfolk.

Never otherwise, but by the name of the Lady Bateman

Do you know a Lady that went by the name of the La­dy Bateman

Yes.

Do you know one Mr Germain

I never saw him, but he went by the name of my Lad [...]es Brother, I have carried him o [...]t times by water to Fox▪ Hall.

Have you carried that Gentleman that lives next door to the Cock▪ Pi [...], by mater to Fox-Hall.

Yes.

By what name did he go by.

By the the name of my Ladies Brother.

VVhat is his name, or by what name doth he go by Nor.

You know very well.

Have you c [...]rried any wood from Fox-Hall to the Cock-Pit.

Yes.

From who.

From my Lady Bateman.

When did you carry him by Water? And where did you take him up?

Sometimes (my Lord) from the Stairs in Channel Roe, sometimes at one place, and sometimes at another.

My Lord, he saith he carried from Fox▪Hall some Wood, and it came over, and it was carried to the Cock▪Pit.

When you see him then, by what Name did he go by.

I never knew him then but by the Name of my Ladies Brother.

What Name goeth he by now.

All that knoweth his Name, knows it to be Ger­maine.

Did you know one that went by the Name of Good­man, that lived at Foz Hall with his Lady Bateman.

Yes.

What is right Name?

I knew not but what was his right Name then, but now I hear his right Name in Keamer.

When you did carry him by VVater, where did you carry him?

My Lord, sometime to one place, and sometimes to another, as I am commanded, I must observe.

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.

Mr. Bradbury, Pray where do you live?

I live next Door to Mr. Germaine's.

VVhere is that?

By the Park VVall, next Door to the Cook-Pit.

Pray tell my Lord, and the Gentlemen of the Jury how it was was.

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 Doo [...] 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.

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.

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; a [...]d I was saying▪ to some of the House, thr [...] it was a very fine B [...]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 [...]ere▪ se [...] ­ling the Nation; and then they said, That Bed was for the Dutchess of Norfolk.

We will call another Witness.

Richard Owen, do you know Mr. Germaine at the Cock-Pit?

Yes.

What Company have you seen with him?

I saw a Lady in a Mask I may say a hundred times.

How often?

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.

Pray, Iane Wadsworth, come and tell my Lord and the Jury what you know. Speak out, Do you know Mr. Ger­maine?

Yes.

Where liveth he?

In Park-street, near the Royal Cock Pit.

Hove you ever seen the Dutchess of Norfolk at Mr. Ger­maine's House?

Yes.

Upon what account.

I living next door, going in for a Pint Po [...], 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 [...]hen, and she had a Night-Gown on, and Flanders. Lace, but in Night Linning.

VVas she undressed?

Undressed a [...] one may think, she might have a Petticoat on.

VVhat occasion had you to go there?

For a Pint Pot my Lord, and going up, I saw the Dutchess of Northfolk going from one [...]oom to another: And my Lord, another time I saw the Dutchess of Northfolk and Mr. Germain in a Coach together.

VVhen was that?

It was in March last, and I saw the Coachman, I asked him who it was tha [...] 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.

Have you ever seen Mr. Germain, at the Dutchess house

Yes, I did disguise my self, and followed him to see where he would go, and I did see him go into the Dutch [...]ss house [...] tha Mill-Bank.

VVhen was this?

In May last.

What time a Day?

About (my Lord) 9 a Clock at Night.

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?

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.

Do you know my Lady Dutchess well?

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.

Ann Read, do you know M ^r. Germain's House?

Yes:

Where is it?

By the Cock Pit.

Do you know him?

Yes.

What Company have you seen go there?

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.

Did you see her with her Mask off?

I saw her with her Mask off, and saw her sate down at Germain's House, and the Door was immediately opened

Did you know the Dutchess before?

Yes, my Lord.

Did you see her before this Time?

Yes, my Lord.

What Time a Day was this?

Betwixt two and three a Clock.

You say you saw her with her Mask off, and sate down at Germain's House, and the Door was immediately opened.

Yes.

Now we will call another Witness, one Thomas Foster.

Thomas Foster, do you know the Dutchess of Norfolk?

Yes.

How did you come to know her?

I drove her often in a Coach with M ^r. Germain.

How long since?

About this Time four Years.

Where did you use to carry them?

Some time into Lombard-Street, and some-time to one place, and some-time to another; and once I looked back, and saw them with their Heads together.

Are you sure it was the Dutchess of Northfolk?

Y [...]s, Sir, I knew her before she was M [...]rried, and I knew her after.

Did you see them?

Yes.

Was their Heads la [...]d together.

Ye [...].

When you was in the Coac [...], you say you saw them?

Yes.

Did you look back to see them?

Yes, my Lord, and their Heads were laid to­gether.

Where do you live now?

With the D [...]e of Nothfolk.

We will call another Witness, one M ^r. Bowtel. Pray, do you know M ^r. Germain?

Yes, Sir.

Do you know the Dutchess of Northfolk?

Yes, Sir.

Have you seen her?

Yes, at M ^r. Germain's House.

Was it the Dutchess of Northfolk?

Ye [...],

Did you know her [...]?

Yes, Sir.

Had you full Sight of her?

Yes, Sir.

What Apparel was she in?

In Man's Apparel.

How long have you known the Dutchess of Northfolk.

This 8 or 10 Ye [...]rs.

Do you believe it was the Dutchess of North­folk?

I do very believ [...] it.

Do you take it upon your Oath?

I do verily believe it: The Dutchess being in a Chair, the Maid came running after her with an Hand-Basket.

When was this?

In April last.

Are you sure it was the Dutchess's Maid?

She gave in Evalence as so, in the House of Lords.

What is her Name?

Frances Knight.

What? Did you observe a Hand-Basket in her Hand?

I suppose, there was Cloaths; for I saw the top of a Wallcoat hang out.

We have brought this down so far.

Why, this is not within the Statute. I must direct the I [...]y.

We have told you, when it began. We will cal another Witness, [...]e Mary I.

Do you know M ^r. Germain?

Yes, Sir.

Do you know where he lives?

Yes, at the Royal Cock-Pit in Park-Street.

Did you ever see the Dutchess of Norfolk in your Life-time?

I cannot tell, whether I did or not; for I do not know her; so I cannot tell, when I do see her.

They have called about 19 Witnesses; for the first five Years we pass them, for they did not speak one Word of any thing, since 1686. And for the other, they have not proved any one Act, in the T [...]e of the Declaration, betwixt M ^r. Germain, and the Dutchess of [...]. They have not proved any thing that hath any tendency in that, which Iare Wadsworth saith; and what is that which she saith? Why, she being a Woman that sold Ale, she had let a Pint-Pot go to Mr. Germain's House, so she went for it, and the Dutch Woman that lived there, directed her to go up the Stairs for this Pint-Pot; she Swea [...], that she then saw the Dutchess of Northfolk, and she had a Petticoat on. And this is the Evidence that she hathgiven; she doth not pretend that Mr. Germain was in the House, or in Company with the Dutchess; and she appeareth to be a Stranger in the House, and she must run up Stairs. As for her [...], she is one of the Vil [...]t of Women; she would say something in March or May la [...]; there is no Act pro­ved by her, and she is a vile and incredible Witness; we shall call Witnesses to shew it.

My Lord, we will pr [...]e ii; and as for this Woman Wadsworth, we will not only call the Person she spoke to of this, that will contradict her self and tell what she did say; but also to her Credit and Reputation; so that now, my Lord, I believe upon the whole matter, we cannot do the D [...] of Norfolke [...]e Honour, th [...]n to acq [...]t the [...], for it will be [...] Honour to the Duke of Norfolk to have the Defendant acq [...], than satisfaction to [...] by gi [...]ing him any D [...]mage wh [...]ver.

We will call a Witness o [...]e Grace Co [...] Do you know Iane Wadsworth?

Yes Sir.

Pray t [...]ll my Lord and the Jury, what Discourse you, and I [...] Wadsworth have had together.

I will, She aad I had some talk together, and she then said I could do them no good, for I am mistaken.

When did she tell you? this sitting the Parliament.

Yes▪ She came in and said I can do them no good, [...] in [...] Hand; said she I can do them no good, for said she, I did go into M ^r. Germaines House and thought I had seen the Dutchess of Norfolk but now I am mistaken.

You are a near Neighbour to her.

Yes, Sir.

What is her Reputation?

I cannot say any thing to her Reputation?

Who was by?

There was another Woman.

I had a Subp [...]na, and as I was going to M ^r. Germaines House, there was oue of his Servants; I had like to have been then knocked down: And there was one Hall, what said he, are you to be a Wittness? What will you Swear? and another I deserv'd to be at Bridewell.

Who was it that told you that you deserv'd to be at Bridewell?

Hosea his Chairman. And, my Lord, it is not a Fortnight since I was robbed: And it is not a Fortnight since there came in Persons and threatned and said what they would do to me: And it is n▪ot Two Months since that a Per­son or two did beat me, and liked to have knocked me down, and they ran into this Womans House.

You are asked if those Persons that had liked to have knocked Mrs. Wadsworth down did not run into Mrs Cooks House.

Yes.

The Question is, Whether what they Swear was true.

She said she was chancing to go for a Pint Pot to Mr. Germains, and going up stairs for it, said she I thought I had seen the Dutchess of Norfylk then there; but I see it was not she: And one Hosea G [...]ly asked if she was sure of what she said was true, she said she would not say it for the World.

What Trade are you?

A Joyner.

Are you not imploy'd by Mr. Germain.

Yes.

How long since?

Why ever since King William was crown'd.

Have you been ever since imploy'd by him?

No by times I have been.

Upon your Oath, Who did you hear this Lady was that us'd to come to Germains House?

By the Oath you have taken, Did you not hear it was reported it was the Dutchess of Norfolk?

Yes, Sir.

Did not you whisper daily in the Ear, and say that you believed her to be the Dutchess of Norfolk?

I cannot remember.

Was that Woman in such a Condition as she saith the was?

No, I think that she was in as good a Conditionhe [...] [...]s she is now.

That could not be, she was sain to be car­rie▪ in a Chair.

We will call one [...].

Tell my Lord and the Jury, what you heard Foster the Duke [...] Norfolk's Coachman say of of Mr. Germain.

Why he said that Mr. Germain had done very ill in turning him of in Ireland, and he would be reveng'd of him.

My Lord, Mr. Hall and I was speaking somthing of the Duke and Dutchess of Norfolk. then I said [...]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.

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 [Page 9] 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.

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.

We will call Alexander Harman; Did you ever see that Woman, Iane Wadsworth, in Mr. Germaine's House?

No Sir.

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.

We will call another Witness.

What did you hear this Woman, Iane Wads­worth say?

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.

Did she complain that she was beaten and abused?

Not as I know of.

She and others were examined in the Lords House, and the Lords would not believe them.

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.

We will call another Witness, Francis Knight Francis Knight, was you ever at Germaine's House.

No my Lord.

The Woman said, she talked with you there.

She will not say it to my face.

Did you ever carry a Letter from the Dutchess of Nor­folk to Mr. Germaine, or to any Person in his House?

No my Lord.

Mr. Bowtel saith, That he saw the Dutchess and this Maid.

Was not you there in the Summer.

Never.

Never carried a Basket.

Never.

Did you never go with a Chair?

No:

Call Mr. Bowtel again.

Mr. Bowtel, Is this the Maid that had the Basket of Cloaths.

As I supposed to be Cloaths.

Did she come out of the House when the Chair came.

She followed it presently, and then I was near her and knew her Face.

Is this the Dutchess's Servant.

Yes Sir, she was the Dutchess's Servant. I saw her then.

When was this.

In April last.

Was you upon your Oath in Germaine's House, in April last?

I broke my Leg then.

Was you, in April last, in Mr. Germaine's House.

Was this in open day.

Sun was about half an hour high.

We will call another Witness, one Mrs. Pennington. Do you know one Iane Wadsworth, was the your Servant?

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 mu [...]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 D [...]fference was betwixt the Duke and the Dutchess, for they said, she was a grievous Wit­ness against the Dutchess.

Upon this, Mrs. Bobs [...]n, my Lord of Peterborough's Servant, sent to me.

Then I came to be a Witness,

Mrs. Pennington, How came she to you first of all?

She was recommended to me first; and she being minded to go away soon after she came, I said, Iane, if you will go, go; and then I observing when she went away, hee Cloaths about her to be trussed up; I walked after her into Danes-yard, I said to her, Iane, What have you in your Coats? and there I found my Linnen.

We will ca [...] another Witness, Mrs. Pennington's Maid.

I saw all the Linnen that my Mistress took from her as she said.

Did you see any?

Maid. Yes.

Whose was it?

Maid. My Mistress.

She told you so.

Maid. Yes.

We will call the Defendants Man William How.

How long was your Master in Fland [...]s?

A M [...]th.

Was you and your Master with the King in Ireland.

Yes, we went with him, and came back again with him.

It's said, he was at Fox-Hall, about three Years since.

We was out of the Kingdom four Months.

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.

My Lord, about the m [...]ddle of December last, my Lord Duke was pleased to send for me to come to him, and so I came to Mr. Negroe's, and he brought the Duke of Norfolk into his own Room to me; said he to me, there are some Trea­ties betwixt me and my Wife, Sir Robert Clayton, and Sir Robert H [...]ward are concerned in them.

There is one thing, that I find my Wife is setting up to have a great Equipage, this I do not like: I hear, said he, she is about to have a Coach, Horses, and two or three Footmen. And this is not all, said he, there is Castle-R [...]sing, that my Wife hath a Pre­tention to, and of Bestoe-B [...]lling, now if she will part with her Pretentions in them, I shall take it well, and we may be recon­ciled. I know Drayton is a seat that She hath a kindness for: Pray tell my Wife of it, and let her consider of it; if she be willing to comply with me in this, I shall take it well: And, said he, I am told, if I bring a Bill of Divorce into the House of Lords, it would take effect. And so I went from the Duke of Norfolk to the Dutchess, and told her what the Duke said; and my Lord of Peterborough hearing of it, he was angry that I went to the Duke.

Did you acquaint the Dutchess, That if she would parr with her Pretentions in Castle-Rising and Billingal, all things might be reconciled.

I did,

The Bill of Divorce was lodged in the House of Lords, in Ianuary then following.

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.

My Lord, we will call some Witnesses to Mrs. Wads­worth's Reputation, because they speak against it. Mr. Dugly, Do you know Mrs. Wadsworth?

Yes.

Pray, What Reputation is she of.

Very good Reputation.

Was she ever upon the Parish?

Never in her days.

Mr Prince, pray do you know Mrs. Wadsworth.

Yes Sir.

What is her Occupation.

A Pains-taking Woman.

What Reputation is she of.

Good Reputation.

My Lord, I would not live with Mrs. Penning­ton any longer, for she kept a disorderly House.

One of the Iur [...]. Pray, What is that she saith?

She saith, that Mrs. Pennington, with whom she lived, kept a disorderly House.

My Lord, I kept House, and paid 60 l. a Year, for the Bear-Inn, and my Lord, my Husband, lay sick a great while, and he having a M [...]nd to go into the Country, for his Health, I had 15 s. of the Church-Wardens and Overseers, and that was all that ever I had.

We will call another Witness, Mr. Em [...]y Argus. Pray how long have you known Mrs. Wadsworth?

Many Years.

What Reputation was she of?

She was always accounted a Honest, Laborious, Pains-taking Woman.

Whether, did she keep the Bear-Inn?

She did.

Whas she ever kept at the Parish Charge?

No.

Was she ever in the Poors Book?

We have produced Three Substantial People, that all say, that she always was accounted an Honest, Labo­rious Woman.

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.

This Court saith we have not proved the Dutchess to go beyond Sea. We will call a Witness, Mr. Negroe

Pray did the Dutchess go over with the Duke beyond Sea? The Duke came back, did the Dutchess come with him?

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.

What Time was it that you heard she came back?

In 89.

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.

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.

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.

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.

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.

Have you done?

Yes, Sir.

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, oft­times: 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, [Page 12] they bring one Candy that should say, That she heard Iane Wadsworth say, that she thought at the first it was the Dutchess of Norfolk, but she was mi­staken.

Then they call some more Witnesses, that is Mrs. Pennington, that was her Mistress twelve Years ago, and she saith, That she pretended to be sick a while after she had been with her, and so going away, she seeing her Cloaths tuck'd up, she seeing what was the matter she had some of her Linnen, she said she lived with her not above a Fortnight, and they parted; she said she was indigent and poor, and her Maid saith the same.

And then they bring another Witness against one Foster, the Coach-man; telling him of what he had said against Mr. Germaine; he said he was got to be Drunk, and when a Man is Drunk, he will say any thing.

Then, as to Mr. Bowtell, whereas he salth he saw the Dutchess in Man's Apparel at Germaine's House, and the M [...]id was there, and the Maid co­meth and saith, that she was not there; that she was ill, and her Leg was bro [...]k, rnd denieth that ever the Dutchess was there, or that she saw her in a Chair, or in Man's Apparel.

Now for Ann Read, no Evidence at all against her Testimony, and she is very Positive of what was done in May last.

They have called one Mr. Welborne, who saith that the Duke sent for him, and after some Dis­course spake to him about Bestow-Billing, and Castle Rising; and he saith the Duke sent to him to have the Dutchess to know, if she would comply with him, he did not question, but to prosecute a Bill of Divorce in the House of Lords with Effect.

They tell you indeed, of Foster that Germain had turn'd him out of his Service, and that he should say he would be reveng'd of him; but he denyed that.

And then the Dutchess Letter in 87. was read: I cannot see what Inference you can make of it, but that the Duke had no design of shewing any Unkindness, you have heard the Letter read, and you may make your In­ference, as you will.

Then, as to Mrs. Wadsworth, they have brought some Persons to speak to her Repu­tation; and they tell you, She is is an indu­strious Woman, and of fair Conversation, and rented an House of Threescore Pounds a Year▪ And as to what they alleadged, that she was kept by the Parish; no such thing was: but her Husband being sick, and about going into the Country, the Church-Wardens helped him with about Sixteen Shillings. But she neve [...] was in the Poors-Rates, or in the Poors Book.

And then as to Mrs. Pennington, what sh [...] saith against her, she answereth this, Tha [...] why she did Live no longer with her, she saith▪ Her Mistress kept a disorderly House.

The Question will be, What was Betwix [...] the Dutchess, and the Defendant, within these Six Years; if you are satisfy'd, that there hath been any such Lascivious Conversation.

For, if so be, that it was only before the Six Years, To what purpose their meeting a [...] Fox-Hall, and taking Lodgings at Fox-Hall and to what purpose the Dutchess came to Ger­maine's House so?

So that, it is left to You, Gentlemen, to con­sider, If there hath been any unlawful Con­versation, and Lascivious Intercourse, betwee [...] the Dutchess, and the Defendant, within these Six Years? If so, You are to find for the Plaintiff; If not, You are find for the Defendant.

The next Morning, being Friday, the Iur [...] came with their Verdict to the King's Bench Barr; and being asked, If they were agreed [...] their Verdict? They said, Yes: And being a [...] ­ked, Who should say for them? They said, The [...] Fore-man: And being asked, Whether th [...] found for the Plaintiff, or Defendant? The said, For the Plaintiff: And being asked, Wh [...] Damage or Cost? They said, One Hundr [...] Marks Damages, with Cost of Court.