Rowland Owen Examined on the behalf of the Duke of Norfolk, against the Dutchess of Norfolk.

ROwland Owen saith, that Mr. Reyner, about Six Years since, being the Duke of Norfolk's Butler, ordered him to carry the things out; the Lodgings being open, he saw Mr. Germaine in Bed with the Dutchess of Norfolk, the Dutchess leap'd out of the Bed, and put on a Morning Gown, and Germaine hid himself in Bed; this was between five and six a Clock in the Evening, about a Fortnight before Bartholomew Day; he did not tell the Duke: he is sure it was Germaine; he saw him often, twice or thrice a day; the outward Door of the Lodgings was shut, but he opened it with a Key he had.

Rowland Owen examined a second time, saith he never had the Key of the Lodgings but once, that Mr. Reyner gave him the Key, when he went (as he told him) to the Blew Posts in the Hay-Market, to bespeak the Dutchess's Supper; he saith he saw not Frances Knight then in the Lodgings, nor any other Woman but the Dutchess of Norfolk; he saith he hath seen Reyner often open the outward Door of the Lordgings, when he hath been by, without calling Frances Knight: he saith that he himself opened the first Door with the Key, the second Door was not close shut, and the third Door was open: he saith two of the Doors are streight forward, and the third turns a little on the right Hand; he saith he was gone in at the third Door when the Dutchess leapt out of Bed.

Witnesses produced to the Credit of Rowland Owen.

EDward Silvester saith he hath known Rowland Owen three or four Years, and he hath trusted him in Business, and he hath ever been very faith­ful; he hath trusted him in Stores to the King, and he might have imbezell'd, but ever found him honest; and he hath had three or four Thousand Pounds worth of Goods that he might have imbezell'd, and hath had opportunities of doing ill things, but never did: he hath trusted him with every thing he hath; he hath had more than 20 l. imbezell'd by others, but he never imbezell'd a half-penny: He knows not well who recommended him to him; he hath an hundred Men now, and he knows not that three of them were recom­mended: He hath trusted him with Goods an hundred and an hundred [Page 15] times that he might have imbezell'd; and others that he hath so trusted have cozened him, and he hath lost 20 l. in a Months time by them; He works at our work, and that better than twenty that he hath had, and he's no Porter; he saith he knows not Mr. Negus, nor was not acquainted with him till Yesterday.

John Jones saith he hath known Rowland Owen above three Years, and that he's a very honest Man, and that he ever found him faithful; that he lodged in his House, and that he might have done him Injuries if he would, and he hath been employed elsewhere, and he never heard ill of him; he believes he's a Man of a better Principle than to take a false Oath.

Thomas Cooke saith that he hath known Rowland Owen five years, and knows not but that he's an honest Man, and saith that he maintains his Family by his Labour; he is his Neighbour, and never heard him taxed with any Mis­demeanor.

Witnesses Sworn on behalf of the Dutchess, for invalidating the Testimony of Rowland Owen. (viz.)

FRances Knight saith she knows Rowland Owen, as he was a Fellow-Servant in the Duke of Norfolk's House, she hath known him a Year, he was running Porter, to carry up Coals and Wood; he was not trusted with any Keys; she was trusted with the Keys to the Lodgings, and she always kept the Key to the outward Door to the Lodgings, and there was no other Key; and she never delivered it to any Body, but sometimes left it with the Lady Peterborow's House-keeper; she never let this Owen have that Key or any other Key to the Lodgings, it was below her to do it; he never went into the Inner Rooms no farther than the Steps to the Outward Room; he's a pitty­ful beggarly Fellow; he laid the Steward's Cloath, and had no other Lively­hood; she lived with my Lady six Years and upwards, and all the while had the Key to the outward Door; she saith you must first come into the Room cal­led the Footmens-waiting Room, then into the Dining-Room, then into the Bed-Chamber; the Doors are sideways: she made the Dutchess's Bed con­stantly; she lock'd the Door, and kept the Key in her Pocket; she had the Key of the Rooms till the Countess of Westmorland had the Lodgings, which was till the Duke and Dutchess left them, which was ten or twelve days be­fore Bartholomewtide, six Years ago.

Henry Reyner saith that he knew Rowland Owen Street-Porter; he saith that he (this Witness) could never get into the Lodgings, but when he had the Key from Frances Knight; he saith Owen never came into the Lodgings, but had a Key to a House where the empty Bottles were, which was without the Lodgings: and he himself could not get into the Lodgings but by Frances Knight; he never had the Key in his own Possession; he never saw Owen farther than the Passage-Room; he saith that the Doors are not opposite to one ano­ther; he saith Frances Knight never gave him the Key; he always found her there to open the Doors, or in the Room; he never had any Key that would open the Lodgings; Owen never told him that he caught the Dutchess in the manner as is said; he knows not of any Livelyhood he had, besides laying the Steward's [Page 16] Cloath: Owen had Wages from the Duke, and lodg'd at the Duke's House in St. James's, he sent Bottles, Pewter-Plates, Forks and Spoons, Bread, and Linnen sometimes by him, from the Duke's House to the Lodgings in White hall: When he was not there to receive them himself, he gave him directions to deliver them to Frances Knight, or gave him the Key of the Cupboard. Be­ing ask'd whether he hath ever gone by another Name than Reyner, he desi­red to be excused, and refused to answer; he refused also to answer whether he had known any Lady go by the Name of Bateman: afterwards he said he did know one to do so; he saith she went by the Name of the Dutchess of Norfolk; he saith it was the Dutchess of Norfolk that went by the Name of Bateman, and she went so he believes for a Year; it was at Lambeth, but he knows not at whose House there; he never saw Germaine there; it was a Year or half a Year since, he knows not certainly; the House is called by the Name of Scriber's House, a Dyer; he never saw Mr. Germaine at Scriber's with the Lady Bateman; he saith he himself went by the Name of Goodman when he lived with this Lady Bateman; he saith that he knows not that Ger­maine was ever at Lambeth, by that Name or any other; he saith he never paid any Rent for the House at Lambeth, nor knows that Germaine paid any for it; but he saith he was a Servant to the Dutchess at Lambeth, but knows not what Office he was in, but she paid him his Wages.

Henry Reyner, examined to what Rowland Owen said at his second Examina­tion, saith he never gave him the Key of the Lodgings, and saith he never had the Key of the Lodgings.

Observations upon the foregoing Evidence.

WE are in the first place to consider, and compare the Evidence on both sides. Secondly, To examine the Credit of the Witnesses. Thirldly, The reasonable Probability of the Matters Sworn, according to the common Course and Practice of the World.

Owen Swears, That being sent by Henry Reyner, the Duke's Butler, to carry the things out, and the Lodgings being open, he saw Mr. Germaine and the Dutchess in Bed; and to countenance the Story, he says that two of the Doors are streight forward, giving to understand that the Doors being open, and one against another, a body may see the Bed out of the first Room into the third; that Reyner gave him the Key of the outward Door, and upon the un­locking of it he made this Discovery.

Frances Knight encounters this Evidence with a Deposition, that she kept the Key of the outward Door her self, and delivered it to no body, but now and then to my Lady Peterborow's House-keeper; That Owen never went into any of the Inner Rooms, and that the Doors are sideways.

Henry Reyner saith also, that he himself could not get into the Lodgings, but by Frances Knight, that he never gave Owen the Key, nor ever had it in his Possession; that he never saw Owen beyond the Passage-Room, nay that Frances Knight never gave him the Key, but that he still went to her to open the Door, and that he never had any Key to the Lodgings; that whenever [Page 21] he sent Owen with Plates, Spoons, and the like, from the Duke's House to the Lodgings in Whitehall; he was either there himself to receive them, or directed Owen to deliver them to Frances Knight.

Now if these two Witnesses speak Truth, Owen was never in the inner Rooms at all; he never had the Key of the outward Door, and the Doors are not streight forward as Owen Swears they are, which is a Matter of Fact easily cleared.

As to the Credit of Rowland Owen: Edward Silvester, John Jones, and Ed­ward Cook are produced in his Favour. The first swears he never knew him steal or cozen, as if the case were Pilfery. The second that Owen might have done him wrong, and did not, and thence infers that he would not take a False Oath. The third, that he knows nothing to the contrary of his being an honest Man. So that here are three Surmises for the Reputation of Owen, which are just nothing to the purpose, on the one hand: and two point blank Proofs, upon Oath, against him on the other; and not one Sillable all this while to disparage the Testimony of either Knight or Keymer; though there are several pinching Passages in the Evidence, that, if they were false, might be detected by Hundreds of Witnesses. And for an Instance of Keymer's Tenderness of an Oath, he has own'd some things, upon the close of his Examination, to the seeming Prejudice of the Dutchess her self. This is meant of their going by borrowed Names; but as things stood at that time with many Persons of Honour, under her Grace's Circumstances, it was no Scandal to conceal either their Names or their Abodes. But as to the true Reason of the Dutchess's Retirement and living in a manner so Incognito. The Earl of Peterborow falling desperately sick in the Tower, her Grace came over upon it, from beyond the Seas, to be within distance in case the Sickness should have proved Mortal. The Dutchess had at that time nothing to live upon but an Exhibition from her Father, and one half of that was made over too for the Payment of her Debts; so that not being in condition to appear answerable to her Quality, she thought her self bound in Honour, Prudence and Justice to retrench her Expences, which she could not better do than by such a Retreat.

It is in the next place to be observed, how Owen interferes with himself; the Lodgings, he says, being open, he saw Mr. Germaine in Bed with the Dutchess of Norfolk, the Dutchess leap'd out of the Bed, &c. This must naturally be understood to have been upon the opening of the first Door; and to the end it should be taken so, he says that the two first Doors were streight forward, and that the third turns a little. Now if so, how could he see the Bed out of the first Room into the third? And then he forgets himself again, in saying that the second Door was not close shut, and the third open; so that he has now doubled the Difficulty: there was no seeing into the Bed-Chamber, both because the second Door was almost close, and because the third was sideways. It is to be noted also, that the Bed stands quite out of sight of the Bed-Chamber Door, which is sufficient of it self alone to over­throw Owen's Testimony. But upon second Thoughts, he takes himself trip­ping, and instead of mending the Matter makes it worse; it comes into his Head by this time, that there was no seeing them in Bed out of the first Room, and so thinks to help it out with a Flam at the wrong end of his Infor­mation, that indeed he was in at the third Door when the Dutchess leap'd out of her Bed. Now to take the Tale his own way, can any body imagine that Owen should unlock the outward Door, lay down his Lumber, pass these [Page 22] two Rooms into the third, the Dutchess and Mr. Germaine both awake too, and all this Noise not give them the Allarm.

To come now to the Probability of the thing. Keymer gave him the Key, he says, only for once it seems, for he never had it either before or since. Has not this the Face now of a Contrivance calculated for a particular turn? Is it not highly improbable again, that a pittyful drudging Fellow that earn'd his Bread, by doing Porters work for the Family, should have the Dutchess's Bed-Chamber laid open to him? And so for the Morning-Gown, and Ger­maine's hiding himself in the Bed, had they no other Cloaths or Garments ly­ing by them? that Owen should have the luck to see just this and nothing else. But his Lesson was to swear Nudus cum Nudâ, and Solus cum Solâ, to bring the Proof up to the straitness of the Law, and that was the part he had to play. Or, to take the Case yet another way. If Owen had seen them out of the first Room, can any Body think he would have ventur'd after that into the Bed-Chamber? or, if he did not see them in the first Room, what had he to do in the other Room at all? But over and above all the rest, for an Amour of this Quality, to be carryed on thus in the Face of the Sun, the Doors and the Curtains open; let any Man ask his own Conscience if he does not look upon it as an Imposture, without a President from the Creation to this Day.

Margaret Ellwood examined on the behalf of the Duke of Norfolk, against the Dutchess.

MArgaret Ellwood saith she had a Company to see the Lodgings at Windsor, in the First Year of King James's Reign, about three or four of the Clock in the Afternoon; a Woman told her that my Lady was not there, but she opening the Door saw my Lady upon the Stools in an ill posture, Mr. Ger­maine's Britches were down; he pull'd them up, and laid his Hand on his Sword, saying, God Dam' you for a Whore, how have you the impudence to come here? My Lady bid him kick me down; he scattered some Concerns, that is Man's Nature on the Boards; she saw no Nakedness but her Knee, or a little above. Another time after, she found Germaine's Handkerchief and Ruffles in my Lady's Bed; my Lady's Woman said there was Germaine's Name upon them. Another time, she saw Mr. Cornwal let Mr. Germaine out of my Lady's Closet: She saw Germaine's Legs within hers when she came the first time in­to the Room, and his Breeches were about his Heels. The first time was in Bartholomew-Fair time; Mrs. Knifeton told her it was Germaine's Linnen.

Witnesses produced to the Credit of Margaret Ellwood.

CAptain Charles Potts saith, he hath known Margaret Ellwood six or seven Years, and that she was Servant to the Duke of Norfolk, and that she behaved her self well and prudently there; her Husband was a Soldier in his Company, and was as he hath heard a Shoomaker.

John Faucet saith, he knew Margaret Ellwood, while she was the Duke of Norfolk's Servant about two or three Years; he never heard any Scandal or Disgrace of the Woman, but that she carried her self civilly; he knows not whether she kept an Ale-House in Windsor.

[Page 23] Lawrence Purcell saith, he knows Margaret Ellwood; she lived in his House in Brook-Market, next Easter will be two Years: He knows nothing amiss of her; she took care for her Living; he never knew her keep ill Hours; she took a Room in his House, some of the Rent is behind, he thinks thirty two Shil­lings, her Husband and the Woman gave him a Bond for it.

Witnesses sworn on the behalf of the Dutchess, for invalidating the Testimony of Margaret Ellwood.

MIchael Haddon saith, he hath been acquainted with Margaret Ellwood, four, five, six, or seven Years. When he first knew her, her Husband was a Soldier in the Duke's Company, and she was, as he hath heard, an un­der House-keeper; he believes she was turned out of the Duke's Service; af­terwards she sold Drink, in a House of his at Windsor, and went away in his Debt by Night, without paying him; she took her Goods with her; this was in 1689.

Joyce Heath saith, she knows Margaret Ellwood; she lived in a Cellar of hers, and in a back House of hers, but not at the same time, three quarters of a Year, in Brook-Market, about Michaelmass last; she paid the Landlady but eleven Shillings six Pence: Her Course of Life was not good; she was in an inferiour Condition, her Husband was a Cobler in a Stall, and she had five Children.

Mary Tervis saith, she hath but a slender Acquaintance with Margaret Ell­wood; but the said Ellwood sent to borrow a Scarf of her the Sunday after Christmas last; and saith, that going the next day for her Scarf, she the said Ellwood desired it for a longer time, for it might be 5 l. in her way, for she was to be a Witness for the Duke of Norfolk, who was to be Divorced from his Dutchess, and that the Duke sent his Charriot for her: I told her there could be no separation in Marriage, except Adultery could be proved; and that I could not think it reasonable to believe that so mean a Servant as she could be a Spectator to so ill an Action as that was; she said she thought she could do the Duke no Kindness in going, for she never saw other harm by the Dutchess, than that she saw Gentlemen come to and fro to the House: but the Duke had sent for her, and she must go.

Mary Jones saith, she knows Margaret Ellwood, who she heard say, the Lady Dutchess sent for her a little before Christmas last, and said, Margaret, I de­sire you to speak the Truth, I would not have you disoblige my Lord in the least. Margaret Ellwood said, she never knew no harm by her Grace. The Dutchess demanded the Keys of her, and she gave them her; and the Dutch­ess gave them to her the said Ellwood, again the next Morning; the Discourse was a few Days before Christmas last.

Ann Ross saith, she knows Margaret Ellwood, who came to her House and told her, about two Months since, that the Duke of Norfolk sent for her to Witness, for there would be a Divorce between the Duke and Dutchess: and I asking her what she could say, she answered she could say little, but that she knew no Ill by the Dutchess; but that she was a good generous Spirited Lady, and she never knew any ill Action by her in her Life; I bid her have a care what she went about, for that would do the Duke but little Kindness. The Dutchess, she said, called for the Keys of her Lodgings, but gave her them back next Morning; she saith, that last Week she went to her to demand a Debt, [Page 24] and she promised to come and pay it her; she saith, she went to the Porter, at the Duke's, to ask for her; but the Porter said she was not within: but meeting with her Child there, she said she was within, and brought her, the Witness, to her in the Duke's House; and she made her very welcome, and sent her Husband with her, the Witness, to see her Childrens Lodging in the Green-Mews, near the Duke's House; she saith, Ellwood's Husband told her, upon asking how the Cause went, that his Wife was to have 30 l. per Annum setled on her, and to go to Windsor to live, and to have the shewing the Castle; she saith, that upon her going to see the Children, and commend­ing their Lodgings, that Ellwood's Maid, or Woman, told her they paid 4 s. a Week for the Lodging; She saith the Children were well cloathed, with good Frocks and Top-knots, and they used to be ragged, and that her Husband used to allow her but six Pence a Day for her and her Children; she saith that Margaret Ellwood told her she had been with the Dutchess; and that her Grace bid her do nothing to disoblige her Lord, but speak the Truth.

Mary Ross saith, she knows Margaret Ellwood, she saith, she heard Ellwood's Husband say, that the Duke of Norfolk had taken care of his Wife and Children, and settled thirty Pound per Annum on them, and her Habi­tation was to be at Windsor-Castle, and said that my Lord Duke would be Divorced, for he was to have a great Fortune of twenty thousand Pounds a Year: This Discouse was the last Week, and her Father was present, and her Mother was just gone out.

Observations upon the foregoing Evidence.

Here's a foul and a suspicious Story in this Deposition of Margaret Ellwood, wherein she stands singly upon the Credit of her own Testimony, without any colour or coroborating Evidence to support it: Only Capt. Charles Potts, John Faucet, and Lawrence Parnell, are produced to speak to her personal Re­putation. The first says, she behaved her self well and prudently in the Duke's House; the second and third, that they knew no Ill by her.

There were produced on the behalf of the Dutchess, and to invalidate the Testimony of Margaret Ellwood, these six Witnesses, Michael Haddon, Joyce Heath, Mary Trevis, Mary Jones, Ann Ross and Mary Ross. Mary Trevis, Mary Jones, and Ann Ross, do all depose, that about Christmas last, speaking of the Dutchess, and Mr. Germaine; Margaret Ellwood told each of these Witnesses respectively, that she never saw or knew any thing of Ill by the said Dutch­ess; and yet Ellwood's Accusation bears date in the first Year of King James. Mary Trevis swears farther, that upon the next Sunday after Christmas last, Ellwood told her, upon borrowing a Scarf of her, that it might be 5 l. in her way, for the Duke was to be Divorced from the Dutchess, and he had sent his Chariot for her, and she was to be a Witness. Ann Ross speaks also to the same effect, how Ellwood told her there would be a Divorce, and the Duke had sent for her to be a Witness; and likewise saith, that Ellwood's Husband told her, that his Wife was to have 30 l. per Annum setled upon her, and live at Windsor, and have the shewing of the Castle. Mary Ross speaks to the same purpose also, with the Witness above, as to what Ellwood's Husband said of Windsor, the Settlement, and the Divorce; adding also, that the Duke was to have a great Fortune (according to the common rumour then about the Town); Mary Ross's Father was by, and heard all this: It was about a Week before the date Information that Discourse had passed.

[Page 25] Nay, the Dutchess was so clear in the matter, that she sent for Ellwood a little before Christmas last, and bid her speak the Truth; as Ellwood her self own'd to Mary Jones and Ann Ross.

To come now to the Quality and Credit of Margaret Ellwood. Haddon says she was his Tenant to an Ale-house in Windsor in 1689, carry'd off her Goods by Night, and went away in his Debt.

Heath saith she liv'd in a Cellar, led an ill course of Life; her Husband was a Cobler in a Stall.

Ann Ross says that she had five Children, and that she had but Six Pence a Day Maintenance for her self and them.

This was her Condition till near Christmas last, when all on a sudden, as Ann Ross deposes, she was taken into the Duke's House, the Children new Cloath'd, and trickt up with good Frocks and Top-Knots (which were till then all in Rags) Lodgings provided for them at Four Shillings a Week, and a Maid to look to them, and no visible means of doing all this. But, in fine, the Change was not wrought by Miracle, and leans much toward the Dis­course before mention'd, that Ann and Mary Ross had with Ellwood's Hus­band.

The Question, at last, is briefly this; Whether is to be believ'd, a Wo­man under so many scandalous Circumstances, and one that Swears for her self too; or Six Witnesses against her of so unquestionable Probity, that not so much as one of them could be impeach'd by the other Party?

To pass now to the palpable unlikely hood of the Story barely in it self; Ellwood was carrying Company, she says, to see the Lodgings at Windsor, and opening the Door, she saw and heard, as in her Deposition. How came it now, that none of this Company should be produc'd, or so much as nam'd to second Ellwood, for 'tis to be presum'd, they must needs hear and see what pass'd upon this Adventure, as much as she her self did; or if she had but nam'd the Woman, who, she says, told her my Lady was not there, it might have serv'd as a Collateral Inducement, for the giving of some sort of Credit to it. But in a Matter of this Importance, to have so many Witnes­ses within reach of being found out, and none to appear, looks very ill on their part, that were so much concern'd to produce them: And so for Ger­maine's threatning her, and the Dutchesses bidding him kick her down; no People in their right Wits, but would have try'd to stop her Mouth, with fair Words and a good Bribe in such a Case as this, rather than provoke her by Menaces and ill Language, to run open Mouth to the Duke with the Story, in Revenge, when she had the Dutchesses Honour and Estate so ab­solutely at her Mercy.

As to the business of Mr. Germaine's Handkerchief and Ruffles, and his being let out of the Closet, the Contrivance is all of the same piece with the rest; for why were not the persons nam'd in her Deposition, produc'd to prove the Par­ticulars therein mention'd, as well as Ellwood's? It is most certain, that the Prosecutors could easily have done it, and that it was properly their Business and Interest so to do; for what signifies Ellwood's single Testimony, under her Circumstances, without Coroborating Proofs? She tells us a tale of Com­pany to see the Lodgings, a Woman that told her so and so, and another Woman and a Gentleman that said, and did this and that, and yet not one Creature at last to second her Deposition, nor any pretence of an Exception to the Evidence on the other side.

Tho. Hudson Examined on the behalf of the Duke of Norfolk against the Dutchess.

THomas Hudson saith, That the Duke of Norfolk being at Portsmouth, he was Butler at Windsor, when Germaine, and the Dutchess, and Cornwall went to play; Germaine sent his Footman for clean Linen, which he brought the next Morning; Mrs. Gwin said to the Dutchess, The Dog would have lain with me, but she would not lay the Dog where the Deer laid, for she knew my Lady Dutchess would accept of him; after that he saw a Shirt and a Wascoat in the Closet, which my Ladies Woman and Ann Burton took away. My Lord being absent, we murmured amongst our selves, that my Lord was wrong'd; I told my Lord, whereupon my Master Cragg had me to my Lord Peterborough's Lodging, and threaten'd me, that he would prefer me to his Brother Richards, who turn'd me off in Germany. This was, he thinks, in December or September 1685: Mrs. Gwin spoke this in the Green Room, and he was in a Closet hard by, and the Door open, and so heard it.

Witnesses sworn on the behalf of the Dutchess, for Invalidating the Testimony of Thomas Hudson.

WIlliam Purchase saith, That he knows Thomas Hudson, who, he says, was never Butler to the Duke of Norfolk, either at Windsor, or any other place; He, the Witness, was Under-Butler himself, Keymer was Butler in 1685, and the Witness was Under-Butler. He saith, Hudson waited on the Gentleman of the Horse, and the Steward; he was not the Duke's Servant, nor waited at the Table that he knows of; he was never suffer'd to come into the Room when the Duke or Dutchess was at Play. He saith, he, the Witness, was not at Windsor at the time when the Duke of Norfolk was at Portsmouth, but he was sent to Drayton in Northampton shire, and was then the Dukes Servant as Under-Butler; he knows not that Keymer was, he saith he is now Servant to the Lord Peter borough.

Col. Jacob Richards saith, That he knows Tho. Hudson, he was his Servant, he was recommended to him by Mr. Cragg, he was his Footman; he be­lieves he was in his Service four Months, he parted with him because he found him a tricking Fellow; he told him his Brother Cragg was to be kill'd by one Curry and another Irishman: He, the Witness writ to his Brother Cragg, and he advis'd the Witness to part with him, for he did not think him fit to be trusted in his Travels; whereupon he paid him his Wages, and gave him Money to bear his Charges to England, and sent a Trunk by him. One Mr. Negus travell'd with the Witness and his Father, who then and now lives with the Duke of Norfolk, writ to us, that he did not think it fit for us to keep such a Servant, for he was a dangerous Fellow, or to that effect. Hud­son never own'd any thing of the Adultery to the Witness, but positively de­clar'd to him he knew nothing of it: This was in January 1685. He saith, that Cragg writ him word, that Hudson must needs be a Tricking Knave. He negligently told the Witness this of the Adultery; Curiosity made him ask it of him, for he had liv'd with the Duke and Dutchess, and it was natural [Page 27] for him, the Witness, to ask such a Question. He saith, he believes Hudson saw some of his Letters: He saith, there were printed Papers in the Trunk he sent, but nothing of any considerable value. He saith, Hudson never cheated him of any thing that he knows of; he hath trusted him with a 100 l. at a time: The Trunk was deliver'd in England, and he believes, he knew what was in it: He saith, that asking Hudson whether he knew any thing of the Adultery charg'd on the Dutchess of Norfolk? Hudson said, he knew no­thing of it: He, the Witness, told him, that it was said, that it was he that had betray'd the Dutchess; he said it was a false Accusation, for he knew nothing of it.

Observations upon the foregoing Evidence.

HUdson swears himself the Duke's Butler at Windsor. William Purchase, swears that Hudson was never the Duke's Butler.

Hudson says, that they went to Play, and that he overheard Mrs. Gwin out of a Closet, saying as in the Evidence. Mrs. Gwin is a dead Witness, and Hudson but a Closet Witness, which is little better; now Purchase says again, that Hudson was never suffered to come into the Room where the Duke or Dutchess were at Play.

Hudson says likewise, that the Servants murmur'd amongst themselves, that my Lord was wrong'd, and that he told my Lord of it. Colonel Jacob Rich­ards Deposes that he himself telling Hudson of a Talk, that he had betray'd the Dutchess, and speaking of a Noise of the Adultery; Hudson made An­swer, that it was a false Accusation, and he knew nothing of it.

Now as to Hudson's Credit, he was Colonel Richards's Footman, who turn'd him off as a Tricking Fellow, and not fit to be trusted. Mr. Negus the Duke's Servant, both then and now, was of the same Opinion too, and advised by Letter the putting of him away, as a dangerous Fel­low.

This Story of Mr. Germain's sending his man for clean Linnen over Night, and the bringing it next Morning, has little in it, even supposing the Fact to be true; First the Order was given bare fac'd, and Consequently no Mystery in it. Secondly, there was a Set Company at Play, and that was not an opportuni­ty for a Love-Intreague. Thirdly, it is no new thing for People to Sit up all Night at Play, and change their Linnen next Morning, without any offence to Honesty, or good Manners, where they may have a Privacy so to do it. And if my Lady's Woman and Ann Burton took away the Shirt and Wastcoat, as he says they did, there's no great hurt in that neither; tho' it's much to have three such Confidents to such a Secret, an under Foot-man Privy to the Intreague of Germain's Man going and comeing, and raking in the Wo­mens Closet among the Linnen.

But still the only Proper Witnesses are kept behind the Curtain. Ann Burton indeed is produced, and we shall see what kind of Evidence she proves her self in the next Place.

Ann Burton examined on the behalf of the Duke of Norfolk a­gainst the Dutchess.

ANN Burton saith, she was Servant to the Duke and Dutchess of Nor­folk. When the Duke was gone to Portsmouth, she was at Windsor, when my Lady went to London with Germain When my Lady came home, after Sup­per she was in great hast to go to Bed, when she was undrest, she said she would Lock us out, because she would not be disturb'd before Eleven a Clock the next Morning, tho' the King and Queen should come. Hudson told her Germain was still in the House, whereupon we laid Chairs on the back Stairs, that we might hear him if he came down, the Chairs were not removed the next Morning; when Germain's Man came with Linnen, he said his Master was there. My Lady ordered a Fire to be made in my Lord's Room, where when she was come, Mrs. Nelly Gwyn came in and asked her how she liked her Nights. Rest? And being asked for Germain, she said she knew nothing of him. My Lady complaining of her Hair being out of order, Nelly answered it was a hot Night with her, enough to put her Hair out of Powder and Curl too. Quickly after Cornwall came in and asked for Germain, and my Lady saying she knew nothing of him, Nelly Gwyn said, I question not but he will come out by and by like a drownded Rat; with that while I was cleaning the Dining Room, Mrs. Knifton called me, and shewed me in a Closet Germain's Shirt and Wastcoat, and afterwards makeing my Lady's Bed, saw there were Two Prints where Two had laid. The Shirt and Wastcoat were sent by the Duke to the Lord Petterborow's, she saith she is a single Woman and was never Married, this was about Bartholomewtide Six Years since, she sup­poseth the Bed was Stained both by a Man and Woman.

Witnesses sworn on the behalf of the Dutchess for the invalidating the Testimony of Ann Burton.

ANN Burton, against her self; upon seeing several Witnesses come in, to prove her to be a Married Woman, (tho' she had sworn the contrary) was call'd to the Bar of the Lords, and there saith, she was not Married when she was at Windsor, since that she hath been Married. Ann Burton was her Maiden Name, her Husband's Name is Benskin.

Susan Wheat-Croft saith, that she knows Ann Burton, and that she Lodged in her House Sixteen Weeks, with her Husband Robert Benskin, and she said she should have a parcel of Money to be a Witness for the Duke of Nor­folk against his Dutchess, this was about March Two Years since, her Husband said he should have a Commission from the Duke of Norfolk, and he should have a great deal more from him, for his Wife is to be a material Witness against his Dutchess. They did not pay her the Witness, when they went away, nor since, they owed her Seven Pounds Fifteen Shillings; she hath been seeking after them, and could not find them; she left a Trunk with Rags in it, and went away Privately, carrying away her Goods by Parcels.

[Page 29] Mary Sheriff saith, that she lives next Door to Warwick-House in Holbourn, and hath kept House there near seven Years, and hath known Ann Burton two Years; she lived with my Lord Clare, while she was there, a Soldier courted her, they used to come every day for a Fortnight or three Weeks to her House to drink, she ow'd her about 3 l. she hath told her several times since, that she was to be a Witness for the Duke of Norfolk against his Dutch­ess, and she was to have Money for speaking; she heard Mrs. Tod bid her al­ways keep in a Story, and she would do well; she, the Witness, heard them talk of 30 or 40 l. Mrs. Burton should get by being a Witness; she is not paid the 3 l. nor knows not whether she shall be paid; but last Winter she found her in Henrietta-street, and she desired her, the Witness, not to take notice of her Name, nor what she said to her, for she, the Witness, should have her Money in a short time, when the Tryal was over; she told her the same a little before that, when she lived at Major Wildman's; she takes it, to be in this Winter was Twelve-Month; she thinks it was the Duke of Norfolk's Tryal; she, the Witness, keeps a Coffee-House, call'd Joe's Coffee-House.

William Purchase saith, that he knows Ann Burton, she declared to him a­bout a Year and a half after the Dutchess was charged with lying with Mr. Germaine, that she knew nothing of it, and that the Dutchess was wrong'd as much as ever any Woman was, and that she hoped to see those punished that were the Cause of the Accusation: He saith, he went to see her as a Fel­low-Servant, and he was not sent by any one, and going to drink together they fell into this Discourse: He hath talk'd of this Matter several Times (particularly to Mr. Welborne) since this Business was spoken of, having heard she was to be a Witness against the Dutchess.

Observations upon the foregoing Evidence.

ANN Burton has the Story over again of the Shirt and Wastcoat, and of Mrs. Gwyn's Discourse, to which enough is said already, and more needs not be said upon the Evidence of a Person so manifestly forsworn. In her first Oath, she swears her self a single Woman, and that she was never Married; but upon Witnesses appearing to prove the contrary, she was cal­led to the Bar again, and own'd her self to be Married, and that her Hus­band's Name was Benskin.

This Ann Burton had been a Lodger sixteen Weeks to Susan Wheatcroft, as appears by Wheatcroft's Deposition; she conveyed her Goods privately out of the House by Parcels, and slipt away seven Pound fifteen Shillings in her Debt; she told Wheatcroft that she was to be a Witness against the Dutchess, and that she should have Money; her Husband saying also, that his Wife was to be a material Witness against the Dutchess, and he himself should have a Commission, and more than that too.

Mary Sheriff says, that pressing Ann Burton for three Pound that she ow'd her; her Answer was, that she was to be a Witness for the Duke against the Dutchess, and that in a short time she should have Money, and then she would pay her.

William Purchase swears, that about a Year and half after the Report con­cerning the Dutchess and Mr. Germaine, Ann Burton told him, the Dutchess was wrong'd, and she hop'd to see her Accusers punished: and that he himself hath often spoke of this Passage to several, and particularly to Mr. Welborne. Take [Page 30] notice, that these Depositions for the Dutchess, as well as the former, have passed without any contradiction: That Germaine's Man is neither produced nor named; the Linnen (if any) brought as openly as it was sent for. No Mrs. Knifton appears, and the whole Deposition rests upon the Credit of a for­sworn Woman.

Simon Varelst examined on the behalf of the Duke of Norfolk, against the Dutchess.

SImon Varelst saith, that he was at Windsor, to draw the Dutchess of Nor­folk's Picture, about six Years since, and had the Duke's Closet to put the Pictures in; when he had done and had been at home two or three Days▪ when Germaine came to him much concern'd, and said, you can do the Dutchess an extraordinary Kindness, and will oblige the Lord and Lady Peterborow in the highest degree; then he shewed me a Letter of the Dutchess to me, and read it to me, before that he told me there was a Shirt and Wastcoat, and they are known to be his; he said, I desire you to save the Dutchess's Honour, I desire that you will be so much a Gentleman as to own them to be yours, and that you left them there; I answered, I was much concern'd there should be such a Trouble, but I desired to be excused, I could not do it without Pre­judice: He told me the Lord and Lady Peterborow had discoursed the Duke of Norfolk upon it, and if it were but my Linnen, their Discourse had wrought so much upon him, that if there came any Evidence to assist him, he would leave of the Pursuit; I refused still, he offered me a Purse of Gold, and told me I should make my Fortune by it; but I still refusing, Mr. Germaine went away very much discontented; my Wife being in the next Room, overheard the Discourse between Germaine and me, and told it, and spoke of it, or else I had not been here now.

John Rothmell Sworn a Witness on the behalf of the Dutchess of Norfolk, for Invalidating the Testimony of Simon Varelst.

JOhn Rotmell saith, that he lives in Crown-Court in Covent-Garden, and is a Taylor: He saith, he knows Simon Varelst, and that he, the Witness, Marry'd his half Sister; he saith, that about a quarter of a Year after the business of the Dutchess happen'd at Windsor, he was at Varelst's House about Eleven of the Clock in the Night, and Varelst lock'd the Door, and told him, he had disparag'd him by Marrying his Sister, and said, he would be his Death, and drew his Sword, and Commanded him to strip, that he might slash him at his pleasure; and the said Witness did strip for fear of his Life, knowing his Frenzy; and he struck the Witness above a dozen times with his Sword, and threatned still to have his Life, if he, the Witness did not fetch his Wife down that Night, which was about Twelve a Clock, and which was about Six Weeks after she lay in; and he was to bring her to be Whipt, and to bring Six Rods with him; upon his, the Witnesses Promise to do this, he let him go, and he hath not seen him since, but in the Street. He had half a Year before that been Distracted for Six Weeks, and he, the Witness, fetch'd Dr. Tenison to him once, and the Doctor came several times afterwards to him. One Night in that Sickness, he got from the Woman that watch'd him, and run about two hours in his Shirt and Wascoat, in a Frosty Night, and cut his Feet, and was brought home by the Watch; he [Page 31] saith, his, the Witness's Wife, was to have been here this day, as a Witness, and was here, but having not an hour to reckon, and being ill, is gone home with her Midwise: He saith, he never durst go near Varelst since he abus'd him. He saith, that Mrs. Varelst, after she came from Windsor, said, that the Dutchess had ill People about her, and that she believ'd her to be much wrong'd, and said, she could clear her about the Scandal of the Linnen that was found; for whether it was or was not Mr. Varelst's Linnen, she could do it; and said, supposing I had brought my Husband's Linnen down to be wash'd, and the Landress fetching of it, she might take it up and leave some of it behind.

Observations upon the foregoing Evidence.

THere needs no more to the overthrowing of Varelst's Evidence, what­ever it is, than the Testimony of John Rothmell, to prove him Non Compos; witness his Outrage upon Rothmell, the fantastical freek of sending at Midnight for six Rods to whip his Sister-in-law; and another fit, for a mat­ter of six Weeks, when Dr. Tenison made him several Visits to compose him, his Frenzy being so violent upon him, that he broke loose from his Keepers in a Frosty Night, and ran up and down the Streets in his Shirt, till he was taken up by the Watch. This is the sum of Rothmell's Testimony, and not one word oppos'd either to the Credit of the Witness, or the truth of the De­positions. But it may not be amiss, after all this, yet to speak a few words to the likelyhood of what Varelst has here depos'd.

Mr. Germaine came to him, he says, with a Letter from the Dutchess, which he read to him, and in the name of the Lord and Lady Peterborow, de­sir'd him to say, the Shirt and Wascoat were his; but not one word all this while of the Contents of the Dutchess's Letter. He says again, that the Shirt and Wascoat were known to be his; now if they were known to be Mr. Germaine's, what good could Varelst do by taking the matter upon him­self; when he saw fair words would not do, there was a Purse of Gold of­fer'd him, and that would not work neither. The Dutchess and Mr. Ger­maine were wonderfully alter'd, sure, in this Case, from what they were in the business of Owen and Ellwood; there was no Purse of Gold or Dutchesses Letter to smother the matter, but on the contrary, Ellwood was threaten'd, provok'd, and defy'd, instead of cajoling her. And what was all this for at last, but only to remove a Jealousie, and most ridiculously, at the same time, to condemn themselves by a Confession out of their own Mouths, and im­prove the Suspicion into a Certainty▪ Can any Body imagine that they would not have done more to have supprest Owen's and Ellwood's Evidence, than Ann Burton's, or Simon Varelst's, who swears farther, that his Wife heard all this Discourse betwixt Germaine and himself in the next Room, and told of it. Why was she not produced then, or the Persons to whom she told it? But Rothmell swears, that Mrs. Varelst said, the Dutchess had ill People about her, and was much wrong'd, and that she her self could clear her about the scandal of the Linnen; so that 'tis plain, Mrs. Varelst was not an Evidence for the present Turn.

Thomas Foster Examined on the behalf of the Duke of Norfolk, against the Dutchess.

THomas Foster saith, that he was Coach-man to Mr. Germaine, and carryed the Dutchess of Norfolk often, about two Years since in his Coach, and brought her Home, and the Foot-men have had four half Crowns given them; and Marting a Dutch-man, his helper, called it Bush-Money; it was by Night, against a Light, that he saw her Face in the Coach; it was about Seven or Eight of the Clock at Night about this time a Year; he hath seen her Face once in the day time, she looking out of a Sash-Window, two stories high, in Mr. Germaine's House in Park-Street; he knows her Face well enough; he hath seen her before, and since she was Marryed.

Witnesses Sworn on the behalf of the Dutchess of Norfolk, for In­validating the Testimony of Thomas Foster.

JOhn Hall saith, that he Lives at the Coffin in Tuttle-street, and is a Joiner; he saith, he hath known Thomas Foster two Years; and that about three Weeks since, they being Drinking together, and talking, concerning the Duke and Dutchess of Norfolk; he said, Mr. Germaine had done ill things by him, in turning him off in Ireland, and in turning him off here, and he was resolv'd to be reveng'd of him.

Hosea Grimsley saith, he Lives with Mr. Germaine, and that he hath known Thomas Foster above a Year and three Months, in Mr. Germaine's Service; he heard him say, in the last Week of December last, in Mr. Cook's House, about three days before he was turn'd away; that he thought it no more Sin to Murther his Master, than it was to kill a Louse; he saith, he hath lived with Mr. Germaine about a Year and half; and that he never saw the Dutchess of Norfolk with him; and that he hath ever since he came to him, lived with him in the place where he now lives; he saith, he never saw Mr. Germaine with a Woman, that was called the Lady Bateman, nor knows any such Name or Person.

Observations upon the foregoing Evidence.

THere is not one word in Foster's Evidence, true or false, that's worth the hearing, only it is levelled upon the main, at the Dutchess and Mr. Germaine; and John Hall gives the Reason of it; for this same Foster, he says, was Mr. Germaine's Coach-man, who he said, would turn him off, and he would be reveng'd of him. Hosea Grimsley Testifies also, that some three days before Foster was turn'd away, he said, he thought it no more Sin to Kill his Master, than to Kill a Louse. So, that the Evidence he gives, was grounded on the Malice he bore his Master, for turning him off.

Thomas Lloyd Examined on the behalf of the Duke of Norfolk, against the Dutchess.

THomas Lloyd saith, he knows one that went by the Name of the Lady Bateman, at her House at Fox-Hall; one Germaine, a Wine-Merchant, took the House, she came thither about Midsummer, 1689. She was off and on [Page 33] there till last Michaelmas. He hath seen the Person that went by the Name of the Lady Bateman; and it is the Dutchess of Norfolk. Goodman was her chief Man, and his real name is Keymer. Her Brother, as was pretended, which he hath heard was Mr. Germaine, was the chief Man that came there, sometimes he came once or twice a Week, sometimes oftner; he's certain, as the Ser­vants said, it was Captain Germaine that came there, every body said it was he: He knows him not by his Name, but by Hear-say; if he could see him now he could tell whether it was he; he hath not seen him since the Lady went away; he believes Germaine was there every Month in both the last Summers; he cannot say that Goodman was ever there when Germaine was there; he saw him several times there in May, June, July, and August, 1691. Germaine's own Hair was then pretty long: He cannot positively swear he was Captain Germaine; he supposes if he saw him now he could know him.

Witnesses Sworn on behalf of the Dutchess of Norfolk, for inva­lidating the Testimony of Thomas Lloyd.

Alexander Herman saith, that he served Mr. Germaine; he hath left his Service a Year and a half, about eight Weeks after he came from Ireland with the King; he served him a Year and half: Mr. Germaine was in Ireland with the King, in the Summer, in the Year 1690. He went to Ireland two Days before the King that Summer, he continued there four Months: he believes he went the last of May or the first of June; he came back with the King. He the Witness served him all that while in Ireland, and saw him every Hour and every Day, and never stirr'd from him; he came from Ireland in the same Ship with the Lord Villers, the Earl of Manchester, and Mr. Felton; and he went to Ireland in the Monmouth Yatch, with the Envoys of Holland and Bran­denburgh, and the Marquess Mompavillon: He saith Mr. Germaine was at Brus­sels in May last, he saw him there, and spoke with him there; he saw the Lord Villers and the Lord Lumley there with him; he lodg'd in the same Tavern there with him, for four Days, and saw him not after: He the Wit­ness, coming then for England, left him there. He never knew him wear his own Hair; his own Hair is dark brown: He never knew him appear abroad without a Wigg; his Hair is about half a Finger long; he wore a fair Perriwigg: He saith he, the Witness, was quarter'd in a little Tent behind him in Ireland; he could not stir but he heard him; h'e saith that four Weeks after he saw him in Brussels, he saw him walking in St. James's Park.

Anthony Morée saith, he was Barber to Mr. Germaine; the first time he shaved him was about five or six Years since; his own Hair is brown; he shaved his Head very often; he shaved him before he went to Holland, and since he came home; he never saw his Hair long enough to cover his Ears; nor saw he him ever wear his own Hair, but a Periwigg: He shaved him for a Year and half before and since he went for Ireland: He shaved him always at his own House near the Park: He or his Man shaved him ever since he came from Holland to this Day: He or his Man shaved him the Night before the King went for Holland: He saith that Mr. Germaine, when he went away, said it would be a Month or two before he should come back, but he knows not how long it was: This was at his House next door to the Cock-pit; he shaved him generally since the King came into England: He saith the Cam­paign was almost done when he first shaved him, after he came from Flanders.

Observations upon the foregoing Evidence.

LLoyd's Deposition is nothing at all to the purpose, or if it were never so pertinent, the Falsities in it are sufficient to spoil it; for in Truth his Evidence, as to Mr. Germaine's being at Fox-Hall, is only grounded upon Hear-say and Report: And yet he ventures to swear him to be there every Month in both the last Summers; and particularly, that he was several times there in May, June, July, and August, 1691. Whereas Alexander Her­man swears, that Mr. Germaine went to Ireland in the Summer 1690, on the last of May, or the first of June, where he stay'd about four Months, and that himself saw and serv'd him there; and says farther, that he was at Brus­sels in May last. Anthony Morée says also, being Barber to Mr. Germaine, that he went beyond Seas, and the Campaign was almost over when he first shaved him after he came back from Flanders, which is a flat Contradiction to Lloyd's Evidence.

The next Witnesses produced by the Duke of Norfolk, were Peter Scri­ber, Andrew Anderson, Robert Hemming, John Reynolds and Margaret Foster.

PEter Scriber saith, that he let an House, at Fox-Hall, to Mr. Daniel Germaine, Mid-Summer was two Years, (viz.) 1689, at Twenty four Pound per Annum. He told him that two Ladies that were to come from Holland were to live there; one was Mrs. Bryan, the other the Lady Bate­man; they went by the Name of Daniel Germaine's and Captain Germaine's Sisters. The Ladies came to the House about ten Days after it was Let; one Goodman, that attended them, was off and on there all the Time that the Lady Bateman lived there, which was off and on till September last: This Goodman is the same Man that was heard here the other day, as Henry Keymer he remembers not, nor can be positive that he hath seen Captain Germaine there at any time; he cannot say he knows him; he hath not seen him seven or eight Years. He saith, he, the Witness, is generally absent in the Day-time; Goodman he saith came off and on to the Lady Bateman's, from the time she came thither till the time she went away.

Andrew Anderson saith, he knew one that went by the Name of the Lady Bateman a Year and half ago, at Fox-Hall, from last Spring was Twelve-months till near last Michaelmas, but hath not seen her since; he knew one that went by the Name of Goodman that used the House; and that Goodman is Keymer; He knew a Gentleman that lived by the Cock-Pit, that went by the Name of my Lady's Brother, which he used to take into his Boat at Channel-Row, and carry to Mr. Scriber's House at Fox-Hall. He carried him several times backwards and forwards; since Mid-Summer he hath carried him twice; he used to carry him to the back Stairs of Scriber's House: The same day he fetch'd him, in the Forenoon, from the Parliament-Stairs, or Channel-Row▪ he carried him back in the Afternoon; he had a light Wigg. He, the Witness, hath carried Wood from Scriber's House, from the Person that went by the Name of the Lady Bateman, to the House by the Cock-Pit; one Nicola used to receive it into Carts, at the Wool-Stable: This Nicola was, he supposes, Servant to the Gentleman that lives in that House on the other side the Cock-Pit; he hath been at the Door but never in the House; [Page 35] he saith he bought the Wood of the Bargemen, by the Person's Order that was call'd the Lady Bateman.

Robert Hemming saith, he knew one that liv'd near the Dye house in Fox-hall, that went by the Name of Lady Bateman; he saith▪ he was Gardner to the House near two Years since, after Midsumer next will be three Years; he knows not the Lady otherwise than by the name of Lady Bateman; he hath seen Gentlemen come there, but he knows not their Names; he knew her Servant Goodman; Mr. Knolles, that waited on the Lady, and was chief Gardner, paid him his Wages; he knew Goodman by no other Name.

John Reynolds saith, that he saw the Lady that went by the Name of Ma­dam Bateman several times walking in her Garden, living conceal'd; that is, she lived privately, and had but little Conversation amongst her Neigh­bours. The sixth of November last, being invited to dine at a Friends at Westminster, he met between the Lord Peterborough's and the Ferry, a Lady whom he believ'd was the same Lady Bateman; and because he would not be under a mistake, he enquir'd of one that follow'd her, and he told him, it was the Dutchess of Norfolk; his business is at the next Door to Scriber's House; he hath seen a Gentleman walk with the Lady in the Garden, that his, the Witnesses Servants have told him, was Mr. Germaine, he hath known the Lady live in that place above two Years and half. He knew Goodman, that liv'd there, who now goes by the Name of Keymer.

Margaret Foster saith, she knows one Nicola, he's Mr. Germaine's Gen­tleman, that lives next House to the Cock-pit. Mr. Germaine hath liv'd there two Years; her Husband was his Coach-man; it's the Royal Cock-pit in Park-street, or Cartret-street; Mr. Germaine sent for her on Sunday Fortnight, to enquire for her Husband, who, he told her, was a Witness against him; and his Brother (who was present) told her, that his Brother did not send for her to bribe her, but to tell her Husband he should not forswear himself, for there was a Pillory.

Observations upon the Depositions of Peter Scriber, Andrew Ander­son, Robert Hemming, John Reynolds, and Margaret Foster.

THese Testimonies are all Forreign to the Charge against the Dutchess; her Graces being at Fox-hall, and the going under borrow'd Names, is all acknowledg'd, and the Reasons already given; besides the mistakes in them are so few and trivial, that it is not worth the while to detect them.

Jane Wadsworth Examined on the behalf of the Duke of Norfolk against the Dutchess.

JAne Wadsworth saith, that she sold Drink, and going into Mr. Germaine's House, a little before the King went into Ireland, for a Pint Pot, she saw a Dutch Woman, who bid her go up Stairs for it; and going up for it, she met the Dutchess of Norfolk in a Night-Gown, one side lapt over the other side, with Flanders-lac'd Night-Cloaths on her Head, without a Hood on: About two Hours after, Herman, Footman to Germaine, came into her House, and she saying to him, you have got the Dutchess of Norfolk at your House, he said no Dutchess of Norfolk: I said it was she, for I had seen her some Hun­dreds of times: He said, it was his Master's Lady▪ and his Master's Dutchess, no Dutchess of Norfolk; why should not my Master have a Dutchess as well as [Page 36] the Duke of Norfolk? She hath known Mr. Germaine three Years next Mid­summer, having liv'd there so long. Herman enquiring where I saw her, I said, upon the Stairs; he told me, I should not have gone up the Stairs; I told him, the Dutch-Woman bid me go up: It was about Eleven a Clock in the Day time that she saw her: He bid me say no more of it, for if his Ma­ster knew it, he would kill the Dutch-Woman. She saw Welsh Frank, about two Months since, deliver a Letter to Mr. Germaine, and she hath seen her go to the House often; she hath known the Dutchess ever since, and before she was married.

Frances Knight (examin'd before for the Duchess) being called in, the Wit­ness saith, this is the Woman that was call'd Welsh Frank, whom she hath often seen at Mr. Germaine's; she saw her, about the time the King came home from Flanders, give another Letter to Mr. Nicola, Mr. Germaine's Gen­tleman.

Witnesses produced by the Duke of Norfolk, to speak to the Credit of Jane Wadsworth.

JOhn Prince saith, he hath known Jane Wadsworth Twelve Years, to be a good honest poor Woman, and of good Reputation to the best of his Knowledge; and that she takes care to maintain her Family; he believes her to be an honest Woman, and that she would not take a false Oath; he knew her at the Horse-Ferry, and in Cartret-Street.

Emery Arguies saith, that he hath known Jane Wadsworth▪ 13 or 14 years, he never knew her but of as good Reputation as any in the Parish; she is Poor, but he believes, she would not take a false Oath.

Robert Elmes saith, that he hath known Jane Wadsworth▪ 12 or 13, years, he thinks her a very honest Woman, he never heard but she was an honest Poor Woman, that endeavoured to live and maintain her Family, she is of good Reputation.

Charles Read saith, he hath known Jane Wadsworth, 12 years, and some­thing better, he never knew her do an ill thing, but she was always a care­ful industrious Woman; he hath known her Married all that time, and she never was a Servant in that time.

Henry Dagley Senior, saith, that he hath known Jane VVadsworth, 16 or 17 years, she was allways a very Civil Woman, and he never heard other by her.

Witnesses Sworn on the behalf of the Dutchess of Norfolk, to the Invalidating the Testimony of Jane Wadsworth.

GRace Cooke saith, that she knows Jane Wadsworth, she hath liv'd near her Four Years; she came into the Witnesses House with a Paper in her Hand, and ask'd her, who left it, saying, she knew nothing of it; she said, that she had said, that she had seen the Dutchess of Norfolk in Mr. Germaine's House, but she had not seen her a great while, and now that she had seen her, she was satisfied, that it Was nor her; and she wish'd, that she might burn in the Fire, and never go home to her Children, if she would take her Oath of it. The Paper was to warn her to this House; it was the first Night the Papers came out, that she said this, Hosea Grimsley, John Hall, and Mar­garet Coudy were present when she said this; she saith, she lives next Door but one to Jane Wadsworth.

[Page 37] John Hall saith, that he hath known Jane Wadsworth above a Year; a­bout a Fort-night since she came into Mrs. Cook's, with an Order in her Hand, but knew not who left it; and said, she could say nothing to it, Mr. Cooke saying again, you must say something to it, else you had not had this Order from the House; then she said, she had been at the Duke of Norfolk's, and had told the Duke, that she had chanc'd to go into Captain Germaine's House for a Pint Pot, and she chanc'd to see the Dutchess of Norfolk; but she said she might be mistaken, for she had not seen her in Seven Years before, but she had seen her once or twice since; she came out of France, and that was none of the Dutchess of Norfolk which she saw on Captain Germain's Stairs; whereupon Hosea Grimsley asking her, if she were sure it was not she, she said, she was sure it was not; she wishing that she might burn, and never go home to her Children, if she would swear it, for she could not swear it: Hosea Grimsley, Grace Cooke, and two other Women, were present in Grace Cooke's House, when this Discourse happen'd, which was the very Night the Order came out: He saith, he wrought in Mr. Germaine's House, he saw twice or thrice Ladies there in Masks; one of the Ladies in the Mask, gave Order to take down a Petition; she was reported to be Cap­tain Germaine's Sister.

Margaret Coudy saith, she knows Jane Wadsworth, who came into Mrs. Cooke's the first time she was Suppoena'd, and ask'd, who left the Paper in her Hand for her; she said, she went to Mr. Germaine's for a Pot, and she thought she saw the Dutchess of Norfolk there; but she saw her since her com­ing from France, and was satisfy'd it was not her, and wish'd she might never see her Children, and burn, if ever she saw her there.

Alexander Herman saith, that he knows Jane Wadsworth well, he never had any Discourse with her concerning the Dutchess of Norfolk's being in Mr. Germain's House; he saith, he hath drank often at Wadsworth's House, but he never had any Discourse with her concerning the Dutchess of Norfolk, nor never saw this Woman in his Masters House in all his life: He waited on his Master at Table, and in his Chamber, all the time of his Service, which was a Year and half; he never saw a Lady in a Mask in his Master's House.

Mary Pennington saith, that she knows Jane Wadsworth, she was her Ser­vant, but not long, for she was not honest. She, the Witness, being gone out, at her return, she met her going away with her, the Witness's Linnen and her Husbands bundled up; this is about Eleven Years since.

Frances Knight saith, that she knows not Jane Wadsworth, nor never dis­cours'd with her, nor never saw her at Mr. Germaine's House, nor did the Wit­ness ever carry any Letters thither.

Witnesses examined on the behalf of the Duke of Norfolk, against the Credit of John Hall.

HEnry Dagley, Jun. saith, that he knows John Hall, he was a Work­man at Mr. Germaine's when he, the Witness, wrought there; and Hall hath often said to him, that he believed it was the Dutchess of Norfolk that was there in the Mask, and that gave him Directions in his Work there; this was at Mr. Germaine's House in Park street: He could not affirm it to be true, because she was Mask'd, but really believed it.

John Hoskins saith, that John Hall was employed by Mr. Germaine, and a Lady that was Mask'd; the Lady was the first that ever shewed him his [Page 38] work, what he was to do: And the first work he did was to take down a Petition, we talking amongst our selves, that it was the Dutchess of Norfolk; John Hall has said that that Lady was the Dutchess of Norfolk, not that he could say so of his own Knowledge, but that he hath been often told it was so; He saith that Hall told him, the Day he, the said Hall, was examined here, that if he had been ask'd more he could have said more.

Observations upon the foregoing Evidence.

JAne Wadsworth swears, she saw the Dutchess at Mr. Germaine's, and what Discourse she had afterward with Herman, Mr. Germaine's Footman, and that a Dutch-Woman sent her up Stairs for a Pint Pot, by which Accident she saw the Dutchess; she says also, that she saw Welsh Frank deliver a Let­ter to Mr. Germaine; Frances Knight being produc'd, Wadsworth swears that's the Woman that was call'd Welsh Frank, and that she saw her give another Letter once to Mr. Nichola, Mr. Germaine's Gentleman; there are also four Witnesses produc'd for her Credit, that say they know no Ill by her.

But then Grace Cook on the other hand swears, that Jane Wadsworth told her, that she thought she had seen the Dutchess at Mr. Germaine's, but was now satisfied that it was not she, and Cursed her self, and her Children, if she would take her Oath that it was the Dutchess: This was upon her receiving a Subpoena, to appear and give Evidence; Hosea Grimsley, John Hall and Mar­garet Condy were present at this Discourse.

John Hall swears, that she said that she saw the Dutchess of Norfolk at Captain Germaine's, but upon a farther sight of her, she finds she was mista­ken.

Hosea Grimsly swears to the Discourse, the very words of the Curse, and the Persons that were in Company; all agreeing with the Deposition of Grace Cook: Margaret Condy swears to the very same Particulars.

Alexander Herman deposes, that he never saw Wadsworth in his Master's House, nor ever had any Discourse with her concerning the Dutchess; and he being a Person turn'd away in Disgrace from his Master, would have made no Scruple to publish any Secret of that kind, at least to swear the Truth, when upon his Oath.

Mary Pennington says, that Jane Wadsworth was her Servant a while, but was not honest, and that she had filched some of hers and her Husband's Lin­nen, and was going away with it.

Frances Knight denies the Knowledg of Wadsworth, or any Discourse with her; she never saw her at Mr. Germaine's, nor ever carried any Letters thi­ther.

But here are two Witnesses brought in now to Arraign the Credit of John Hall, which is as much as to say that they had no Exceptions to any of the rest, or which is all one, to the Truth of the Matter; for John Hall's Evi­dence is by them confirm'd over and over: And what is it that these two Witnesses have to say at last? Henry Dagley says, that he believed it was the Dutchess he saw at Mr. Germaine's, but could not affirm it. And John Hos­kins says, that they said it was the Dutchess, but he could not speak it of his own Knowledg, which amounts to no more than a bare Hear-say.

Witnesses Sworn on the behalf of the Dutchess of Norfolk, Inti­mating a seeming Reconciliation.

MRs. Judith Stourton saith, that she was Servant to the Dutchess of Norfolk, when the Report was of the Dutchess and Mr. Germaine, which was about a week before the Duke and Dutchess went to France; she was askt by the Lord Peterborow in the Presence of the Duke of Norfolk, in the Duke's House in St. Jame's Square (where they shut the door) as she would Answer it to Face of Almighty God, if she did know whether his Daughter was an Adultress: Her Answer was, that as she hop'd to see God in Heaven, the Dutchess was as Virtuous as any Woman alive, for ought she knew; she saith, that what she then said, is true; and if she should pretend to say more, she should wrong her: She saith, that no one was present, be­sides the Lord Peterborow and the Duke, when they Examined her; and that she saw no Shirt or Wast-coat at that time; and that she doth not re­member, she said to Mrs. Webb any thing concerning the Dutchess and Mr. Germaine, and thinks she never spoke with Mrs. Webb; and she was not at Windsor when the Duke was at Poresmouth; she saith, there was a Re­port of Scandals which she was sorry for.

Edith Sawbridge and Webb, produced on the behalf of the Duke of Norfolk, to discredit the Testimony of Mrs. Stourton.

EDith Sawbridge saith, that the Tuesday following, this unhappy Discourse concerning the Dutchess of Norfolk; Mrs Stourton came into her Chamber, and she telling her what had happen'd at Windsor, Mrs. Stourton reply'd, this is nothing but what she expected before now; the Witness re­ply'd, that if she the Witness had been as near the Dutchess, as the said Mrs. Stourton, she would have prevented all this, to which Mrs. Stourton answered, would you have had me whipt at the Carts-arss. The Discourse we had was, that Mrs. Knifton told her, when I came from London on Friday Night, that she told me she was glad I was come, for she expected her Throat to be cut every Night, since my Lord Duke went to Portsmouth; I askt her the Reason of her fear, she answer'd, Germaine had lay'd with my Lady Dutch­ess, ever since my Lord Duke went to Portsmouth; that when he came Home he would hear of it, and he would kick her for a Bawd; and if she should tell my Lord, Germaine would cut her Throat; I bid her have a care what she said, for these were dangerous words; how can you prove this? she said, it was very true; the Witness asking her (Mrs. Knifton) how she knew this; she said, Germaine, instead of going home, went into the Closet: The Witness cannot say, that she said all this to Mrs. Stourton, but the greatest part she did say, Mrs. Stourton said, this was nothing but what she expected before: This was the Tuesday after my Lord Duke came from Portsmouth, this was about Bartholomew-tide, in the first Year of King Jame's Reign.

Mrs. Stourton called in, to Confront this Edith Sawbridge, and Examined.

MRs. Judith Stourton saith, that she saw Mrs. Sawbridge once in the Duke's House in St. James's Square, and they talkt of the Slander of Germaine and the Dutchess of Norfolk; she saith, she the Witness, never heard [Page 40] Mrs. Sawbridge say, that Mrs. Knifton, should say, that Germaine lay'd with the Dutchess every Night at Windsor; she denies, that she said to Mrs. Sawbridge, that she expected to hear that before now; she never said to Mrs. Sawbridge, would you have had me whipt at the Carts-arse, she saith, she remembers not, that Mrs. Sawbridge told her, that Mrs. Knifton said, that she was afraid that her Throat would have been cut, when the Duke was at Portsmouth; she remembers not, that she askt Mrs. Sawbridge the Reason of Mrs. Knifton's fear, or that she told her any thing of Mrs. Knifton, saying, that Mr. Germaine had lay'd with my Lady every Night at Windsor, she saw Mrs. Sawbridge, and discoursed with her, but she cannot say what Discourse she had with her.

Mrs. Eliz. Camell saith, that she went with the Duke and Dutchess of Norfolk into France; they went together very Lovingly, and parted so, she thinks the Duke staid with her about a fortnight; the Duke's Eye was ill, and my Lady went often to him; and when she did so, we retired; my Lady drest his Eye, they eat and drank together every day, they did not Lodge together that she knows; my Lord, told her at parting at the Grate in the Monastery, that he would fetch her away suddenly, and they parted kindly, Mrs. Lawson was in the Monastery with the Dutchess; the Witness continued there, about seventeen Months; my Lord, exprest a great deal of Kindness to my Lady in going, and while he was there; there were Tears on both sides at parting; when my Lord and Lady were together in the House, call'd L'Hotel de Ierrau, at Paris, we used to withdraw, not knowing what they had to say together.

Mr. Matthew Scott saith, that he paid several Sums to the Dutchess, from the Duke; in May 1688. he paid 125 l. for the Dutchess, to Mr. Cragg; he paid 2 or 300 l. into France, when the Duke and Dutchess were there; he cannot say, that he remitted any Money into France, after the Duke came home; he knows not that any Money was paid to Mr. Morton for my Lady, by the Duke's Order.

Mr. Robert Welborne saith, that about the middle of November last, the Duke of Norfolk sent for him by Mr. Scot, to meet his Grace in his Room, by the Lords House, which accordingly he did; his Grace told him, there had been some Messages and Proposals, by Sir Robert Clayton and Sir Robert Howard, but he lookt on them both, to be Men of great Business, and could not attend on such Matters, and therefore he sent for him, knowing him to be willing, to do any Services between them. The first thing his Grace de­sired, was to acquaint his Wife, and the Lady Peterborow, and he thinks he Named the Lord Peterborow, that he expected to be Indemnified from the Dutchess's Equipage; for, says he, I hear she is setting up for a great Equi­page, and I desire to be free from being obliged to pay for any of that; he told his Grace, that he thought he was misinform'd, for all the Equipage he saw, was a Coach, Coach-man, two Foot-men, a pair of Horses, and two or three more Servants; but, says his Grace, I formerly paid Money for her, to one Mourton, and should be unwilling to do so again; I presume my Lord Duke, said he, that was a Debt contracted, while your Grace and the Dutchess lived together; but says his Grace, pray do you acquaint them of it, for this is what I expect.

Next, says his Grace, my Wife has some pretentions upon Castle-Rising, which I could Sell without her Consent, by losing Two Thousand, or Two Thou­sand Five Hundred Pounds; and besides, I find she hath also a pretention upon [Page 41] Billing, which I never knew till very lately, when I was upon Selling of that Re­version; but, I should have been an ill man, to pretend to do that if I had known of any such Incumbrance. Therefore, I would have you tell my Wife, that if she will consent to the Sale of those Estates and make me easy in that par­ticular; let her consider, wherein I may make her easy, and I shall do it: I know she was a great Lover of Drayton, and I suppose is so still; and she did once offer me a considerable Sum of Money for my Life in it; therefore let her consider of this Matter, and if she can propose any thing for her ease and quiet, on these Terms, I shall comply with her.

I do not say it to threaten her: But I am told, that for the Reason of there being either One and Twenty, or Two and Twenty Catholick Heirs of my Family before One Protestant One; if I would bring in a Bill of Divorce, I should obtain it on that account; he told his Grace he should be sorry to hear of any such thing: But in Obedience to his Grace's Commands, he would acquaint the Dutchess with it; accordingly he did, the same day, and Lady Peterborow both; her Grace was very Grace was very angry at the Mes­sage, especially at that part that mentioned a Divorce; and he was sent the next Morning to Mr. Scott, to desire him to acquaint the Duke, that as he was my Lord Peterborow's Servant, it was not fit for him to receive nor bring such Messages. But if his Grace had any thing to say, it was most proper, by a Servant of his own, or to send for one of hers. I carried the Message the next Morning to Mr. Scott, and at my return Home, the Dutchess shewed me a Letter she had Writ to the Duke, to the same purpose, and which was sent to his Grace, but not by him; the Dutchess did declare, when he proposed the Sale of Castle-Rising and Billing, as the Duke had de­sired, that she would never Consent to it. By any of this Discourse it did not appear to him, that the Duke showed any Inclinations to live with the Dutches, nor did he understand it so,

Observations upon the Depositions of Mrs. Judith Stourton, Edith Sawbridge, Elizabeth Camell, Mr. Mathew Scott and Mr. Robert Welborne.

THE Reader, will find this Discourse about Mr. Germaine and the Dutchess, to be a Scandal of a matter of Six Years standing; Hudson, a Cast Foot­man, has sworn to the Shirt and Wastcoat, and that he immediately told my Lord of it. Ann Burton swears likewise (with another false Oath between her Teeth) that this Shirt and Wastecoat were sent by the Duke to the Lord Peterborows. It follows now to be noted, what course has been taken from the First to the Last, for a thorough Discovering of the Truth of this Matter, and now it comes to pass that the Thunder-Bolt should hang in the Air, so many Years, after the Breaking of the Cloud.

Mrs. Stourton is here upon her double Oath, first under the Shrift of the Duke and my Lord Peterborow, who took her privately and Adjured her, as ever she hoped to see God in Heaven, to declare what she knew as to the Dutchess being an Adultress, she purg'd her self upon her hopes of Salvation, that the Dutchess was as Vertuous as any Woman alive for ought she knew; she swore the same thing over again at the Bar of the House of Lords; and be­ing Internogate about the Shirt and Wastcoat before spoken of, she swore like­wise, that she saw no Shirt or Wastcoat at that time.

[Page 42] Edith Sawbridge was now produc'd against the Credit of Mrs. Judith Stour­ton, and lays the stress of her Evidence upon what Mrs. Kniffton said, which has been the very Pinch of the Question throughout the whole Cause, and the Prosecution has still been at a Fault when it came to any material Point; that is to say, only the Hear-say Witnesses are produced, and those that can speak upon Knowledge, and positively to the Fact, are withdrawn, or con­ceal'd, contrary to the Practice and Reason of all Judicial Proceedings.

Mrs. Stourton is called in again to confront Edith Sawbridge, and denies every Article in her Deposition, one by one, that is of any moment; but at the same time there appears no Exception, on the other hand, to the Credit of Mrs. Stourton: Neither is it to be imagin'd, that any Woman should dare to swear false, in a Case where two such Witnesses should be privy to the Perjury.

It follows now to be noted, what Course has been taken for a thorough Discovery of this Intrigue, according to the usual Methods of Honour and Justice. The Examination of Mrs. Stourton by the Duke and my Lord Pe­terborow, was as solemn, strict and private as the Case required; and it was while the Clamour was fresh too: So that there was no Time lost when they enter'd upon the Scrutiny. It will be seen in that which follows, by what degrees the Heat of this Calumny cool'd, and what brought it on again.

The Duke and Dutchess went for France together, about a Week after the Breaking out of this Clamour, and Elizabeth Camel waited upon the Dutchess; who swears, that they went lovingly together, and parted with Tears on both sides; my Lord telling her Grace at Parting, that he would fetch her away suddenly. They eat and drunk together every Day, and were fre­quently together in private; but she cannot say they lodg'd together. So that thus far, in all outward Appearance, the Mis-understanding seem'd in some measure to be composed.

Mrs. Scot speaks only to the matter of Monies, and Accounts, which is little or nothing to the purpose in this place, except only as to the One Hundred Twenty and Five Pounds, mentioned to be pay'd by him, for the Dutchess's use; which was a Quarterly Payment out of Five Hundred Pounds per An­num, adjudged and ordered by the High-Commission Court to be pay'd to her, in lieu of Alimony.

But Mr. Robert Wellborne comes to the very Merits of the Cause, and the present State of the Question. He deposes, that in November last the Duke sent for him, and told him (among other things by the by) that the Dutchess had some Pretentions upon Castle-Rising, and also upon Billing; and thereupon order'd the Witness to give her Grace to understand, that if she would consent to the Sale of those Estates, and make the Duke easie in that particular, let her but consider wherein he himself might make the Dutchess easie too, and upon those Terms he would do it.

His Grace told the Witness farther, that there being One or Two and Twenty Catholick Heirs to the Family, before one Protestant Heir, if (says his Grace) I would bring a Bill of Divorce, (I do not say it to threaten her) I could obtain it on that Account. The Witness acquainted both the Dutchess and the Lady Peterborow, the very same Day, with the substance of this Message, her Grace taking it very heinously to be told of a Divorce; and the next Day the Dutchess shewed the Witness a Letter she wrote to the Duke upon this Occasion; declaring, that for Castle-Rising and Billing, she would never part with them.

[Page 43] It appears from hence, that upon the Examination of Mrs. Stourton, and other necessary Enquiries into the grounds of this Scandal, the violence of the first Impression was so far taken off, that according to the Evidence of Elizabeth Camel, my Lord was pleased to treat the Dutchess with all Instan­ces of Tenderness and Respect, both upon their Passage into France, and up­on the Places there, those of the Bed only excepted. In this state Matters have continued some five or six Years now, without any Speech or Thought of a Divorce, that ever the Dutchess heard of till Mid-November last, in a Message by Mr. Welborne from the Duke, and that was but upon a certain Condition neither, however it was improved afterwards into a Bill, that up­on the seventh of January following was formally brought into the Lords House.

The Reader will need no other Light to a true understanding of the Strait her Grace was in, upon this Surprize, and the Disadvantages she was exposed to, than what he has here before him, in the Order of the Journal it self: Where he will find the Dutchess so scanted for time to produce Witnesses, and prepare her Defence, that it was a wonderful Providence she should do so much as she did. Though in the mean while, her Grace has lost the benefit of several considerable Witnesses, for want of time to find them out, and bring them together. Now as for Mr. Welborne's Deposition, it carries the Countenance rather of a Treaty than an Accusation; the Duke's part is only a calm delibe­rate Discourse, consulting the Reciprocal Ease both of himself and of the Dutch­ess. Terms are proposed and promised, and not one Word or Glance of Re­proach from one end to the other of it. Mr. Welborne (upon the Duke's asking him, at the Lord's Bar, if by his Discourse he understood an Inclina­tion to live with the Dutchess) 'tis true, did not gather from his Words, as if he had any thought of living with her; the only hard thing said, was that about his Catholick Heirs, which seem'd to turn the Case of Adultery into a Case of Religion. Let any Creature judge now, whether the Dutchess durst to have stood it out thus, if she had been guilty of so foul a Crime, when she might have been safe and free, as appears by the Proposal, upon Terms so much more easy.

To make a short Summary now of the Whole, a Word first to the Chara­cter and Quality of the Witnesses.

There is Owen, a Street-Porter, brought in as a Witness to the Privacies of the Dutchess's Bed-Chamber, besides several unanswerable Exceptions to the Particulars of his Evidence. There is Ellwood, a Coblers Wife, and a Gilt­ing little Slut, that's as palpably detected of Falsity, as the other. Hudson, a poor Roguy, Tricking Footman, that was turn'd off for his ill Behaviour. Burton, a beggerly Wench, that cheated her Landlady, and forswore her self in this Cause at the Lords Bar: Varelst, a Painter, and by Intervals, a Mad­man: Foster, a Coachman that was turn'd off by his Master, and swore to be reveng'd of him. Lloyd, under several manifest mistakes, but nothing to the main Cause. Scriber, Anderson, Hemming, Reynolds, and Margaret Fo­ster, say not one word to the purpose: Wadsworth, a pilfering Servant, that robb'd her Mistress, and her Evidence most notoriously expos'd.

Now, as these Witnesses are of very little value upon the Stock of their own Credit, so the Witnesses against them cannot be deny'd to have a fair Reputation, on the other hand. And it is very extraordinary, that after the naming of so many Persons in their Depositions, that said, or did, or heard [Page 44] or saw this▪ or that; the Prosecutors have not brought in so much as one Creature to second the Swearing Evidence: Tho' it is sufficiently known, they could have found them if they would have ventur'd the Cause upon that stress. It is to be consider'd once more, what a difference there has been, betwixt the Demeanour of the one side and the other, towards the Evidence. What Promises, Flatteries, and engaging Obligations on the one hand, and not so much as one Word or Deed, directly or indirectly, that look'd like a Pra­ctice or a Prepossession on the other part of the Dutchess.

Let this be taken in the softest sense, for it is a great Misfortune, when officious Instruments that are foreward'd to broach Scandals, meet with easie and good natur'd Dispositions, that are too open perhaps to receive them. This may serve in some measure, perhaps, to remove the Evidence of those that are not wilfully Deaf and Blind; and for the rest, it is left to Time and Providence to bring the Truth to light in its due season, and to vindicate the Cause of the Innocent and Oppressed.