The TRYAL between Henry Duke of Norfolk, Plaintiff, and John Jermaine, Defendant, in an Action of Trespass on the Case, at the Court of King's-Bench at Westminster, Novemb. 24. 1692.
THE Declaration was in Trinity-Term, the Fourth of William and Mary, King and Queen. To which the Defendant pleaded, Not Guilty within six Years. And it is replied, That it is within six Years; whereupon Issue was joined, and a Jury of 24 Knights and Esquires being returned, 12 did appear at the Bar, and were sworn, Viz.
- Sir Michael Heneage of St. Andrew's-Holborn.
- Sir Thomas Grantham of Sunbury.
- Sir Charles Humfrevill of Westminster.
- Sir William Hill of Teddington.
- Ralph Hawtry of Buxship, Esquire.
- Robert Sheffield of Kensington, Esquire.
- John Pagett of Drayton, Esquire.
- Hugh Squire of Westminster, Esquire.
- John Coggs of St. Clement Danes, Goldsmith.
- Charles Pryor of High-gate, Esquire.
- Richard Craddock of Hornsey, Esquire; And
- William Withers of Cripplegate, Esquire.
After the Jury were sworn, the Council for his Grace the Duke opened the Cause, which were as followeth, Viz.
- Mr. Attorney-General,
- Mr. Solicitor-General,
- Serjeant Thompson,
- Serjeant Levings,
- Serjeant Birch; And Councellor Banister.
The Defendant's Council were,
- Serjeant Pemberton,
- Sir William Williams,
- Sir Thomas Powis,
- Serjeant Tremaine,
- Sir Bartholomew Shore,
- Mr. Jones; And Mr. Dolbin.
May it please your Lordship, and you Gentlemen of the Jury, this is an Action brought by Henry, Duke of Norfolk, against one John Jermaine: The Plaintiff sets forth, That the First of April, in the Second Year of the Reign of the late King James, the Defendant did, by unlawful Ways and Means, Intice away his Dutchess, by which means he had not the benefit of her Society; and, by lascivious Conversation, committed Adultery with her, and caused her to commit Adultry: And this he layeth to his Dammage 100000 l.
If we prove, that he did do so, we hope you will give us good Dammages and Costs.
May it please your Lordship, and you Gentlemen of the [Page 4] Jury, this is a very melancholy 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 in England; Enstalled 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 Council: And he to be abused, perhaps none found any such Cause to come before any Court. It is a hard thing, as this Case is, for us to produce strong and pregnant Evidence: But our Proofs are such, as I am ashamed to repeat them; but desire the Witnesses may tell your Lordships, 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: My Lord, 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 Witness be not heard, it is impossible to tell whether it be within the Statute of Limitation.
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; and they are to take notice, if they open Evidence that goeth beyond six Years, I hope your Lordship will not suffer them to do that.
Here are Anticipations, Directions, and what not.
We will call our Witnesses, if your Lordship please.
Come, Rowland Owen, Do you know the Dutchess of Norfolk?
Yes.
Do you know John Jermaine?
Yes, very well.
Pray tell my Lord and the Gentlemen of the Jury what you know of him.
I have seen him several times Dine and Sup at my Lord Duke's house.
Tell what Familiarities you have seen pass between the Dutchess and Jermaine.
I was ordered by one Henry Keymer, to go down to Whitehall with Plates and Tablecloth, and he would go to the Blew Posts for some things, and there was a Supper to be that Night; then to go down to Whitehall: Then I came there at my Lord Duke's Apartment; I opened the Door and afterwards going into a Room, I saw Mr. Jermaine and the Dutchess in Bed together; and the Dutchess pushed me out, and asked me how I durst be so impudent as to come in, and chid me.
Who chid you?
He saith, my Lord, the Dutchess of Norfolk.
Pray when was this?
About 7 Years since.
Owen, you speak of something of a Supper, and that you went down to White-hall; Who gave you the Key?
One Henry Keymer.
What are you a Street-Porter?
I was Usher of the Hall.
You were Servant to the Duke, were you not?
Yes.
Were they at Supper that Night?
I cannot tell.
You carried down Plates?
Yes.
This you say was 7 Years ago; Who did you tell it to?
To the House-keeper.
Who was she?
One Mrs. Webb.
Did you tell no body else?
No indeed, I will not lye.
We will call another Witness.
Margaret Elwood, Do you know the Dutchess of Norfolk?
Yes, my Lord.
Do you know John Germaine?
Yes, my Lord, about 7 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 proper Affairs, and I being called down, I saw my Lady and Jermain; and I saw my Lady in an ill posture upon the Stools, and my Lady said to Jermaine, Kick her.
Tell how you saw her.
Why, when I saw her, I saw her bare Knee, and Jermaine was near to her; and then I came away, she being angry, and so he came from her.
Was his 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, and he——
Was she lying down?
Yes; and the Saturday after I did see Mr. Jermaine come in, and he laid his Hat on the Table, and unbottoned himself and went to Bed to her.
How do you know that?
I opened the Drawing-room Door, and looked through the Keyhole of the other Door where they was, 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 say you saw them in bed; had they no Curtains?
Yes, my Lord, they had; tho' they were drawn on 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, in the Parliament I did.
You have lived in several places since; did you never tell any bodies Servant?
To no body but Mrs. Web: And my Lady gave Orders next Morning, that I should be put away; but she heard no more of it: but I staid.
Do you know any thing else?
I was making my Lady's Bed, with one Ann Burton, and I found Mr. Jermain's Handkerchief and Ruffles in the Bed, at one time.
Do you remember any Shirt and Wastcoat that was found.
Yes.
Did you find his Handkerchief and Ruffles in my Lady's Bed?
Yes.
Did you never see him come down Stairs?
No, my Lord.
It is very much you never saw him come down Stairs.
We set Traps for him to fall over, but he never came down to fall over them.
Do you know of any thing, but in the first Year of King James?
No, my Lord, not I.
We will call another Witness, Mrs. Benskin. I think, Mrs. Benskin, you are married.
Yes.
What is your Christian Name?
Ann.
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 James's Reign; about Bartholomew-tide my Lady Dutchess went to London with Jermaine, Nell Gwynn, and some others, and we did not expect them to come home that Night, but she did, and after they went to Supper; after that they went to Cards; and then 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, Tho' 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 Footmen stood to wait, because Mr. Jermaine used to be generous to the Servants; and they waited till Two a Clock in the Morning: I asked them whether Mr. Jermain had come down? and they said, No, for they had been there all the while; and if he came, he could not go, for, they said, we have laid Chairs and Stools in the way, that if he come, 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. Jermain's Chamber 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, and Mrs. Kniveton was Combing her Head, and Nell Guynn came in, and said, Good Morrow, to your Grace; how did you rest last Night? She said, Well. Then Col. Cornwal came in, and said to my Lady Dutchess, How doth Mr. Jermain do? And she said, Why do you ask me? And Col. Cornwal said, He did not lye at Home last Night. Then Nell Gwynn said, We shall see him come out by and by like a drowned Mouse. And so I went to make my Lady Dutchess's Bed, and found a Handkerchief and Ruffles. And Mrs. Kniveton 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 where any body, as they came, might see them. And my Lord Duke was not in Town.
How came you to take notice of the Ruffles and Handkerchief?
Why Mrs. Kniveton said it was a Man's Ruffles.
How long was this since, in 85? had there not been an Appeal?
Yes, there was.
Was there any thing remarkable in the Bed.
The Bed was stained?
What is your Name now, Benskin?
Yes.
What was your other Name?
Burton.
Was you ever married?
Sir, you know I could have no other Name, if I were not married.
You have lived in several places.
I have lived with my Lord of Clare, and my Lord Ferres.
Did Jermain go by any other Name than he goeth by now?
Not as I know of.
We will call another Witness. Thomas Hudson, Do you know the Dutchess of Norfolk, and Mr. Jermain?
Yes.
Pray what did you observe betwixt the Dutchess of Norfolk and Germain?
Sir, I was a Servant to Mr. Scroggs, that was the Dutchess's Steward, and so he going away upon other business, I was left Butler at Windsor; so [Page 7] there came two Captains to play at Cards, and one Captain asked if Mr. Jermain was there? I told him, No. Now his Man, as I heard after, had brought Jermain a Shirt and Wastcoat; for, as soon as his Man was gone, we found the Wastcoat and foul Shirt: And the same day the Dutchess treated the Queen at Windsor.
——When was this?
It was in the Year 1685.
Was this in the Year 1685.
Yes, it was so, for I took it down in my Book.
Did you swear all this before the House of Lords.
Yes, but only the Day of the Month I could not well remember then; but I refreshed my memory since.
We will call Mrs. Hastings and Elizabeth Knave. Mrs. Frances Hastings do you know the Dutchess of Norfolk or Mr. Jermain?
I knew nothing of them, but that they lay at my House.
Did you know Mr. Jermain?
I saw him but once.
Did you ever see Mr. Jermain lye at your House?
Yes.
When?
The first Year of King James's Reign.
How long?
A whole Summer.
We will call another Witness. 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 of Norfolk and Mr. Jermain together?
No, but Mr. Jermain's Servant said it was the Dutchess of Norfolk that was with Mr. Jermain; and as he and I was making the Bed, I found a Handchief, marked with an M and a Coronet.
In whose Bed was this?
Why it was in Mr. Jermain's Bed.
——How long since?
In the first Year of King James's Reign.
Woman, did you find the Handkerchief?
Yes, my Lord.
What Mark had it.
An M and Coronet.
You see how far we are gone.
All without the Statute.
We shall shew you, that my Lady Dutchess went by the Name of my Lady Bateman, and Mr. Jermain went by the Name of her Brother; and he did take a House at Fox-hall, beyond the Water; the Man's Name was Scriber; and she lived in that place for three quarters of a Year and more; and then Mr. Jermain came constantly to her; and it was known to be the Dutchess of Norfolk tho' she went by another Name, and her Servant, Henry Keymer, also; this Keymer was he, that the first Witness swore gave him a Key to her Chamber at White-hall.
Peter Scriber, Pray do you know one Mr. Jermain?
Yes, Sir.
Pray did he come to take any House of you?
Yes, Sir.
How long since?
About 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.
By what Name went they?
One Mrs. Bryan, another's Name was Madam Bateman.
Did you know any Gentleman, called Mr. Jermain, that lived near the Cock-pit?
Indeed, Sir, I know not where he lived, I have seen one walk in the Garden, that went by the Name of the Lady Bateman's Brother.
Where is your House?
At Fox-hall.
Who paid you the Rent?
One Half-year, my Lord, was paid by my Lady Bateman.
What Servants 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. Jermain?
Yes, Sir.
How often have you seen Mr. John Jermain at Fox-hall?
Often.
Who was this 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 Norfolk.
Are you sure of that?
Yes, Sir.
Did you know one Goodman?
Yes, Sir.
What is he?
I know not, but I heard after his Name was Keymer; but when he waited on the Lady Bateman, he went by the Name of Goodman; about Michaelmas last was Twelve-month I saw Mr. Jermain that Summer was walking with the Lady Bateman.
You say you saw Mr. Jermain walking that Summer with the Lady Bateman; what Summer was that?
Yes, that Summer was Twelve-month.
Are you sure it was within two or three Years.
Yes that I am, sure it was.
Was it the beginning or ending of Summer?
It was about the heighth of Summer.
We will call other Witnesses, one Robert Hemingway; where do you live?
At Fox-hall.
Do you know one that went by the Name of the Lady Bateman?
Yes.
And you are sure that she went by the Name of the Lady Bateman; is she Dutchess of Norfolk?
Yes.
Do you know one Goodman, that waited upon the Lady Bateman?
Yes.
Was that his right Name?
No his name was Keymer
Where did you see her?
Near her Fathers House my Lord of Peterboroughs.
Why, How did you know this was the Dutchess of Norfolk?
Why, all that ever I knew said she was so.
Where did you see the Dutchess of Norfolk?
I have seen her in the House, and out of the House of the L. Peterboroughs.
What occasion had you to observe her?
I have seen her at her Fathers House by the Mill-bank.
He was a Gardner imployed there. We will 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. Jermaine.
I never knew his Name, but he went by the name of my Ladies Brother. I have carried him oft-times by water to Fox-hall.
Have you carried that Gentleman that lived next door to the Cock-pit by Water to Fox-hall?
Yes.
By what name did he go by?
By the Name of my Ladies Brother.
What is his Name? or what Name doth he go by now?
You know very well.
Have you carried any Wood from Fox-hall to the Cock-pit?
Yes.
From whence?
From my Lady Bateman.
When you did carry him by Water where did you take him up?
Sometimes, my Lord, at Channel-Row, 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 saw 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 now by?
Jermaine: All that know his Name, know it to be Jermaine.
Did you know one that went by the Name of Goodman that lived at Fox-hall with this Lady Bateman
I knew not but that was his Right Name then, but now I hear his Right Name is Keymer.
When you did carry him by Water, where did you carry him?
My Lord sometimes to one place and sometimes to another as I am Commanded. I must observe.
We will prove that the Dutchess hath been several times with Jermaine at the Cock-pit, and that Jermaine hath gotten a private Door into the Cock-pit Yard, and so into the Park for which he pays 40 s. per Annum.
Mr. Bradbury, Where do you live?
I live next Door to Mr. Jermaines.
Where is that?
By the Park Wall next Door to the Cock-pit.
Tell my Lord, and the Gent. of the Jury, how it was.
Why, Mr. Jermaine had no way where he must go into the Park, so he spake 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. [Page 10] and about a year after he sent a Workman to me that he might make a Door out into the Park, and I did agree with him for a Buck or 40 s. in Money, which he pleased; and so a Door was made, but since he hath gotten a Door himself into the Park.
John Dagley, Pray give an Accompt of what you know of the Dutchess of Norfolk, and Mr. Jermain.
I was at work there, and I saw a Gentlewoman going to and fro, up and down Stairs, and I asked, who that was, and I was told it was the Dutchess of Norfolk.—here was a brave curious Bed, and I was saying to some of the House, that it was a very fine Bed, and asking what it might be worth, they said it cost 700 l. And I was then just Marryed, said I, (I have a mind to bring my Wife hither, and give her a Flurt upon it;) and we laid all our Heads together as if we were setling the Nation, and then they said, that Bed was for the Dutchess of Norfolk, and I saw a Person there, who they said was the Dutchess of Norfolk.
Richard Owen Do you know Mr. Jermain at the Cockpit?
Yes.
What Company have you seen with him?
Why, I saw a Lady in a Mask I may say 100 times.
How often?
I may say 100 times in a Mask looking about, another time I saw my Lord Duke of Norfolk walking among the rees in the Park, and this Lady looking out of the Window towards him in Mr. Jermain's House: this I have seen, I speak what I know.
Jane Wadsworth, Come tell my Lord and the Jury what you know, speak out, Do you know Mr. Jermaine?
Yes.
Where liveth he?
In Park-street, near the Royal Cockpit.
Have you ever seen the Dutchess of Norfolk at Jermain's House?
Yes.
Upon what occasion?
I living next Door going in for a Pint-Pot with the Dutch-Woman that belonged to the House, and asked her for it, she said, there's never a Pint-Pot there, it was above Stairs, and bade me go up and fetch it, and so I did; and I met the Dutchess of Norfolk there, she had a Night-Gown on, and Flanders-Lace, but in Night-Linning.
Was she undressed?
Undressed as one may think, She might have a Petticote on.
What occasion had you to go there?
For a Pint-Pot (My Lord) and going up, I saw the Dutchess of Norfolk going from one Room to another, (and My Lord:) Another time I saw the Dutchess of Norfolk and Mr. Jermain in a Coach together.
When was that?
It was in March last, and I saw the Coach-man, I asked him, Who it was that he sat down out of the Coach, and he said an Honest Gentleman that gave him wo Shillings for the Carrying him from the Horseferry.
Have you ever seen Mr. Jermain at the Dutchess House?
I did disguise my self, and followed him to see where he would go, and I did see him go into the Dutchesses House at the Millbank.
When was this?
In May last.
What time a day?
My Lord, At 9 a Clock at Night.
When you say 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 Harman, 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 Dutchwoman.
Do you know my Lady Dutchess well?
Yes My Lord, I know her well, she had Flaunders Horses stood in my Stable, when I kept the Bear-Inn, and she came often to see them, I know her very well.
Ann Read, Do you know Mr. Jermain's House?
Yes.
Where is it?
By the Cockpit.
Do you know him?
Yes.
What Company have you seen go there?
In April last I saw a Chair go by, and some Persons said, That was the Dutchess of Norfolk, 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 set down at Jermain's House, and go in a Doors, the Door being immediately opened for her.
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 2 and 3 a Clock.
You say you saw her with her Mask off, and set down at Jermain's House, and the Door was immediately opened?
Yes (my Lord?)
Now we will call another Witness, One 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 Mr. Jermain.
How long since?
About this time 4 years.
Where did you use to carry them?
Sometimes into Lombard-street, sometimes to one place, and sometimes to another, and I looked back, and saw them with their Heads laid together.
Are you sure it was the Dutchess of Norfolk?
Yes Sir, I knew her before she was Marryed, and I knew her after.
Did you see them with their Heads together?
Yes.
When you was in the Coach-Box, 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 Duke of Norfolk.
We will call another Witness. Mr. Bowtel, Pray do you know Mr. Jermain.
Yes.
Do you know the Dutchess of Norfolk?
Yes Sir.
Have you seen her?
Yes, I saw her come out of Mr. Jermain's House in a Chair in St. James's Park.
Was it the Dutchess of Norfolk?
Yes.
Did you know her before?
Yes Sir.
Had you full sight of her?
Yes Sir.
What Apparel was she in?
In Mans Apparel, a Blew Coat and Perruke.
How long have you known the Dutchess of Norfolk?
This 8 or 10 Years.
Do you believe it was the Dutchess of Norfolk?
I do verily believe it.
Do you take it upon your Oath?
I do verily believe it: The Dutchess being in a Chair, the Maid came running out of Jermaines House after her with a Handbasket.
When was this?
In April last.
Are you sure it was the Dutchesses Maid?
She gave in Evidence as so in the House of Lords.
What is her Name?
Frances Knight, and she had a Handbasket in her hand.
What did you observe in the Handbasket in her hand?
I suppose there was Clothes, for I saw the Tip of a Coat or Gow [...] hang out.
We have brought this down so far.
Why, All is not within the Statute—I must direct the Jury.
We have told you when it began. First we will call another Witness.
Mary Hall, Do you know Mr. Jermaine?
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 5 we pass them, for they did not speak one word of any thing since 86: And for the other they have not proved any one Act in the time of the Declaration betwixt Mr. Jermaine and the Dutchess of Norfolk. They have not proved any thing that hath any tendency to it. They have not given any manner of Evidence;— [...] there be any thing that hath any Tendency, it is that which Jane Wodsworth 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. Jermaines House, so she went for it; and the Dutch Woman that lived there, directed her to go up the Stairs for the Pint Pot. She Sweareth that she saw the Dutchess of Norfolk, and she had a Petticoat on; and this is the Evidence that she hath given. She doth not pretend that Mr. Jermaine was in the House or in Company with the Dutchess, and she appeareth to be a Stranger in the House, and yet she must Run up Stairs. As for her Reputation, she is one of the vilest of Women. She would say something in March or May last, 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 prove.
And for this Woman Wodsworth, we will not onely Call the Person she speak to of this, that will Contradict her, and tell what she did say; but go to her Credit and Reputation. So that now, my Lord, I believe upon the whole Matter, we cannot do the Duke of Norfolk more Honour, than to acquit the Defendant, for it will be more Honour to the Duke of Norfolk to have the Defendant Acquitted, than Satisfaction to him by giving him any Dammages whatso▪
We will call a Witness, one Grace Cooke. Do you know Jane Wadsworth?
Yes Sir.
Tell my Lord and the Jury what Discourse you and Jane Wadsworth have had together.
I will; she and I had some talk together: And she then said, I could do them no good, for I was mistaken.
When did she tell you this? Sitting the Parliament?
Yes: She came in and said, I can do them no good: For said she, I did go into Mr. Jermaine's House, and thought I had seen the Dutchess of Norfolk; but now I see 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 Sub-poena, and as I was going to Jermaine's House, there was one of his Servants; and I had like to have been knock'd down. And there was one Hall; What, said he, you are to go to be a Witness? What, you will swear that the Dutchess lay with Jermaine? And another said, I deserved to be at Bridewell.
Who was it that told you that you deserved to be at Bridewell?
Hosea his Foot-man. My Lord, it was 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. It is not two Months since, that a Person or two did beat me, and had like to have knock'd me down. And they ran into this Womans House (Grace Cook's.)
You are asked if those Persons that had like to have knock'd Mrs. Wadsworth down, did not run into Mrs. Cook's House?
Yes.
The Question is, Whether what she swore was true?
She said she was chanceing to go for a Pint-pot to Mr. Jermaine's House, and going up the stairs for it, I thought I had seen the Dutchess of Norfolk then there, but I see it was not she: And one Hosea Grimsley 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 not you imployed by Mr. Jermaine?
Yes.
How long since?
Why, ever since King William was Crowned.
Have you been ever since imployed by him?
No; by times I have been.
Upon your Oath; Who did you hear this Lady was, that used to come to Jermaine's House?
By the Oath you have taken; Did not you hear it was reported, it was the Dutchess of Norfolk?
Yes, Sir.
Did you not 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 she was?
No; I think that [...]he was in as good Condition as she is now.
That could not be, she was fain to be carried in a Chair to the House of Lords.
We will call one Hall. Tell my Lord and the Jury what you heard Foster the Duke of Norfolk's Coachman say of Mr. Jermaine.
Why, he said Mr. Jermaine had done very ill in turning him off in Ireland, and he would be revenged of him.
My Lord, Mr. Hall and I were speaking something of the Duke and Dutchess of Norfolk: Then I said to him, that Mr. Jermaine had done very ill by me, in turning me off in Ireland, but I did not say I would be revenged of him. I chanceing to go to Spring Garden, I saw Thomas Foster carrying Water to the Horses that were 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 in good a Master, that would give you Mony when you wanted it, are not you sorry for it? Yes, but it is too late: But the Devil I think had possessed me, And he said he was gotten Drunk, and when a Man is Drunk he will say any thing. And, said he, I remember not a word I said: And, said he, I hope my Master will pardon me: And he said that some were promised good Imployments in the Duke's Service, but none had gotten any but one, and that is the House-keeper: And he said, Better be a House-keeper in Hell.
Did he say he had wronged Mr. Jermaine?
Yes he did, and said he was Drunk.
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 Jane Wadsworth in Mr. Jermaine'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 I had seen the Dutchess of Norfolk at Jermaine's House: I told him I wanted a Pint Pot that I had lent to Jermaine's House: And going thither, asking the Dutchwoman for it, she bad 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 know it, he would have killed the Dutch-woman.
We will call another Witness. Margaret Condy, What did you hear this Woman Jane Wadsworth say?
She came to M. Cook's with a Paper in her hand; (and said she) I thought I had seen the Dutchess of Norfolk at Mr. Jermaine's House; but now she said she is better satisfied, that she never did see her there.
Did she complain she was beaten and bruised?
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 inable them to make a Law; we must now hear what the Witnesses say.
We will call another Witness. Francis Knight, Pray was you ever at Mr. Jermaine's House?
No, my Lord.
The Woman said she talked with you there.
She will not say so to my Face.
Did you ever carry a Letter from the Dutchess to Mr. Jermaines, or to any person in his House?
No, my Lord.
Mr. Bowtell saith, that he saw the Dutchess and this Maid.
Was not you there in the Summer?
Never.
Never carried a Basket?
Never.
Did you ever go with a Chair?
No.
Call Mr. Bowtell again. Is this the Maid that had the Basket of Clothes?
Yes, I supposed them to be Clothes.
Did she come out of the House when the Chair came?
The Chair came first out, and she followed it presently, and then I was near her, and knew her Face.
Is this the Dutchesses Servant?
Yes Sir, 'tis the same that followed the Chair. She was the Dutchesses Servant, I saw her then.
When was this?
In April last.
F. Knight was you not (upon your Oath) in Jermaines House in April last?
I broke my Leg then.
How long ago was it you broke your Leg▪
It was two years.
Was you in April last in Jermaines House?
No Sir.
Was this in open day?
Sun was about half an hour high.
We will call another Witness, one Mary Penington. Do you know one Jane Wadsworth; was she your Servant?
She was, and 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 go and look upon my Maid, and he did so, and came to me and said: Your Maid may be sullen, but she is not sick; and coming to her, I found her sullen: And afterwards I met her out of my House (said I) Jane 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 were Ill: I saw her muffled, and her Coats trussed up; I walked after her, and (said I) Jane whither art thou a going? and bad her let me see what she had in her Coats, and I thought it was good to have Witness: I spake to one, and (said I) Gaffer Hall come hither, do you take notice that this Linnen is all mine. A good while after, I saw this Jane Wadsworth standing at Mr. Birds (said I) she was my Servant several years ago; and my Lord, this hapned when the difference was betwixt the Duke and the Dutchess, for they said she was a grievous Witness against the Dutchess. Upon this Mr. Tobson, my Lord Peterborough's Servant sent for me. Then I came to be a Witness.
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) Jane if you will go, go: And then I [Page 16] observing when she went away, her Clothes to be trussed up, I walked after her into Deans-yard; I said to her, Jane what have you in your Coats? and there I found my Linnen.
We will call another Witness, Mrs. Peningtons Maid.
I saw the Linnen that my Mrs. took from her, as she said.
Did you see any?
Yes.
We will call the Defendants Man William. How long was your Master in Flanders?
A Month.
Was you and your Master with the King in Ireland?
Yes, we went with him, and came back again with him.
Its said, he was at Fox-Hall about three years since.
We were out of the Kingdom four Months.
There is no material Evidence but what this Woman is. Now we will call another Witness. Mr. Welburne, Pray tell my Lord and the Jury what Discourse you have had with the Duke of Norfolk concerning his Dutchess.
My Lord, about the middle of December last, my Lord Duke was pleased to send for me to come to him; and so I came to Mr. Negus, and he carried me into the Duke of Norfolk's own Room. Said he, there are some Treaties betwixt me and my Wife, Sir Robert Clayton and Sir Robert Howard 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, there is Castle Rising that my Wife hath a pretension to, and Billing: Now if she will part with her pretensions in them, I shall take it well, and it may be for our good, 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. 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 part with her pretensions in Castle Rising and Billing, all things might be reconciled.
I did.
The Bill of Divorce was lodged in the House of Lords in January following. There is one thing my Lord, that the Duke said that I had forgotten; he did speak of 2500 l. or some such thing, he could make of Castle Rising and Billing.
My Lord, we will call some Witnesses as to Mrs. Wadsworth's Reputation, because they speak against it. Mr. Dagley Senior, 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?
Of good Reputation.
My Lord, I would not live with Penington any longer, for she kept a disorderly House.
Pray what is that she saith?
She saith, Mrs. Penington 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 mind to go into the Country for his Health, I had 15 s. of the Church-Wardens or Overseers; and that was all that ever I had.
We will call another Witness, one Emry Argus. Pray how long have you known Mrs. Wadsworth?
Many years.
What Reputation was she of?
She was always accounted an honest laborious pains-taking Woman.
Whether did she keep the Bear-Inn?
She did.
Was she ever kept at the Parish Charge?
No.
Was she ever in the Poors-Book?
No.
We have proved by three substantial People, who all say, that she was always accounted an honest laborious Woman.
Do you observe what you have proved? You have proved no Lascivious Conversation; because you speak of that in the opening of the Evidence. You have not proved any Lascivious Conversation within this 6 years.
The Court saith, that we have not proved the Dutchess to go beyond Sea. We will call a Witness, Mr. Negus. Pray did the Dutchess go over with the Duke? The Duke came back, did the Dutchess come with him?
The Dutchess 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 Alimony.
This Cause hath been in the House of Lords. The Question whether they believed, 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 your Lordship pleases, this is the use we make in giving in Evidence some things before, to shew the Fact within the six years, their frequent meeting in a lascivious manner; and we make use of that before the 6th year, to explain what use we make of it in matters done within the six years.
I do Appeal to your Lordship, and all that hear me, whether within this 6 years they have proved any Lascivious Action, or any indecent 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 6 years, and no Proof within the 6 years to Charge him to inflict such a Crime; if they had carried it down, as to have proved Acts within this 6 years, I should have said they had done something
Have you done?
You understand very well the Nature of this Action, and the Record hath been opened to you, which was to this effect:
That the Defendant the Ist day of April, in the 2d year of King James, did entice away the Plaintiffs Dutchess, whereby he had not the benefir 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; what hath been before, is not now to be taken notice of. But the Plaintiffs Council hath given in Evidence of some Acts before, which is not for any Damage as they expect before, but to Explain some Actions that have 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 Whitehall, and he saith, That he went into the Lodgings there, and then he did see the Dutchess and Jermaine in Bed together.
Then there is another Witness proves it at another time and place, that is Margaret Elwood, and she telleth you in what manner she found the Dutchess and Jermaine, and Jermaine 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 Curtain at the Beds-Feet was actually open, and she saw them in Bed together, and found Jermains Hankerchief and Ruffles in my Ladies Bed.
The next Witness is one Ann Benskin, and she saith, They were in expectation of him one Night at Windsor: They stay'd 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 89. and they tell you of a Lodging at Fox-hall, at one Scribers House, for a Couple of Ladies, one went by the Name of Bateman, and the other Bryan; during that time, the Man of the House knew nothing of one that went by the Name of Mr. Jermaine, but of my Ladies Brother, he had been seen walking in the Garden: They tell you, they have seen the Lady that went by the name of the Lady Bateman, and that very Lady 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 Batemans 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 Batemans order to the Cock-pit: And there is no manner of question but Mr. Jermaine'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 Jermaine'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 bad her go up stairs for it; which she did, and [Page 19] then she saw the Dutchess of Norfolk undressed in a Morning-Gown; she said she very well knew her, she had seen her very 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, she did see Mr. Jermaine go to the Millbank, she was sure it was him, and she did think he would go there, and thereupon she dodged him from that very place.
She said she 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 had carried the Dutchess of Norfolk and Mr. Jermaine often times, and one time he driving them, looking back, he saw Mr. Jermaine and the Dutchess of Norfolk lying with their Heads together. Then cometh Bowtell, and he telleth you, that in April last he saw the Dutchess of Norfolk come out of Jermaine's House in a Chair, and she was the Dutchess, and in Mans Apparel: And he said there was an old Maid had a Handbasket with some Cloaths, as he believed, she followed the Chair: And this was the Servant of the Dutchess of Norfolk.
Now, Gentlemen, these are the Witnesses that prove to you, the Issue in the time mentioned.
Now, Gentlemen, they have called some to discredit these, they began with Jane Wadsworth; they bring one Condy that should say, that she heard Jane 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. Penington that was her Mistress twelve Years ago, and she said 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 so she parted; she saith she was Indigent and Poor, and her Maid saith the same.
And then they bring another Witness against one Foster the Coachman, telling him of what he had said against Mr. Jermaine, he said he was gotten Drunk, and when a Man is Drunk he will say any thing.
Then as to Bowtell, whereas he saith he saw the Dutchess in Mans Apparel come out of Mr. Jermaine's House, and the Maid was there, and the Maid cometh and saith, that she was not there, she was ill and her Leg was broke, and denieth that ever the Dutchess was there, or that she saw her in a Chair, or in Mans Appa [...]
Now for Anne [...]d, no Evidence at all is against her Testimony, and she is very positive of what was done in May last.
They have called one Wellborne, who saith that the Duke sent for him, and after some other Discourse, spoke to him about Billing and Castle-Rising, and he saith the Duke sent to him, to have the Dutchess to know, if she would not Comply with him, he did not question but to prosecute a Bill of Divorce in the House of Lords with Effect. They tell indeed of Foster that Jermaine had turned him out of his Service, that he should say he would be revenged on him, but he denied that.
And then the Dutchesses Letter in 87. was read: I cannot see what Inference you can make of it, but that the Duke had no design of shewing an 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 an Industrious Woman and of fair Conversation, and Rented a House of 60 l. per Annum; as to what they [Page 20] alledged she was kept by the Parish, no such thing, but her Husband being Sick, and about going into the Country, the Church-wardens helped him with about 16 s. That she was never in the Poors Rates, or in the Poors Books. And then as to Mrs. Penington, what she saith against her, she answereth this, that why she did live no longer with her, she saith, her Mistress kept a disorderly House.
The question will be, what was betwixt the Dutchess and the Defendant within six Years; if you are satisfied that there hath been any such Lascivious Conversation. For if so be that it was only before the six Years, to what purpose was their meeting at Fox-Hall, and taking a House at Fox-Hall, and to what purpose the Dutchess came to Jermaine's House? So that it is left to you Gentlemen to consider, if there hath been unlawful Conversation, and Lascivious Intercourse between the Dutchess and the Defendant within this six Years; if so, you are to find for the Plaintiff; but if not, you are to find for the Defendant.
The next Morning the Jury brought in their Verdict into Court, and being asked whether they found for the Plaintiff or Defendant, said, for the Plaintiff.
Being asked what Damages, they said One Hundred Marks Damages with Costs of Court.
Upon which they had a severe Reprimand from the Court, for giving so small and Scandalous a Fine.