A VINDICATION Of her GRACE Mary Dutchess of Norfolk. Being a true Account of the PROCEEDINGS BEFORE THE House of Lords, (From Jan. 7th. 1691. to Febr. 17th. following) Upon his GRACE The DUKE of Norfolk's BILL, ENTITULED, An Act to Dissolve the MARRIAGE, &c. OCCASIONED, By several Libellous PAMPHLETS lately Published, and Dispersed, under the same Pretence and Title.
Published by the Direction of her Grace the Dutchess of Norfolk,
The Second EDITION Corrected.
LONDON [...]
The PREFACE.
THere have been lately printed, and made publick, Two scandalous Pamphlets; the one under the Title of [The Proceedings before the House of Lords, between the Duke and Dutchess of Norfolk:] The other is called [The farther Depositions and Proceedings in the House of Lords, in the Affair of the Duke and Dutchess of Norfolk; with the Bill of Divorce.] Now these Two Papers are so far from a faithful Narrative of the said Proceedings, that what with confounding the Order of the Transaction, and disguising the Truth of Things, by industrious Omissious, gross Imperfections, and wilful Mistakes. This pretended Account has made it absolutely necessary, even for the sake of common Justice, to set the World right in the Story: To which end the entire Series of this Affair is here set forth, from Point to Point, just as it passed before their Lordships, and stands upon their Journal; with such Notes upon the Evidence on both sides as the Nature of the Case requires, and as the reason of it will fairly bear.
The Reader will observe here, upon this Relation, that the two Principal Witnesses produced against the Dutchess of Norfolk, are Row. Owen and Marg. Elwood, for they Swear positively to the stress of the Question, whereas all the rest is but Circumstantial and made use of only for Aggravation, Prejudice, and Clamour: So that upon invalidating their Testimony, the main Cause falls effectually to the Ground, saving only the unavoidable Misfortune of many an Innocent Person that suffers under the Impossibility of proving a Negative; there being no Pence against uncharitable Presumptions. Now taking this for granted, (as it is not to be demed) the Reader is only desired to lay seriously to Hear the Improbability of the Fact that is sworn against the Dutchess, in some Cases, and the utter Impos [...] bility of it to be true in others: The Tampering and Practice that has been used, the Inconsistency of the Witnesses with themselves, their Character, and Credit, &c. (one of them, Ann Burton, being trapt in a false Oath, out of her own Mouth, upon the very place of Examination.)
The Reader will also take notice, that of 26 Witnesses produced in Favour of the Duke, one half of them are Principals, and the other only Seconds. Peter Scriber, Andrew Anderson, Robert Hemming, John Reynolds, and Margaret Foster, are Five of the former Number; but speaking little or nothing to the Merits of the Question, it was not thought worth the while to offer Exceptions to their Testimony; though to the other Eight, that is to say, Owen, Elwood, Hudson, Burton, Varelst, Tho. Foster, Lloyd and Wadsworth, there were several Witnesses on the behalf of the Dutchess to invalidate their Credit, (viz.) Two to the First, Six to the Second, Two to the Third, Four to the Fourth, One to the Fifth, Two to the Sixth, Two to the Seventh, and Six to the last. It is very remarkable also, after all these Exceptions to every one of the Duke's principal Witnesses, that the Testimony of the Dutchesses Witnesses passed current without any contradiction, saving only that Henry Dagley and John Hoskins were examined against the Credit of John Hall, in the Case of Jane Wadsworth (leaving four Witnesses more in the same Case untouch'd;) and Edith Sawbridge, against the Testimony of Mrs. Judith Stourton, which Depositions the Reader will find to be of little or no moment, as to the matter in hand. This puts it past Dispute, that they had nothing more to say against the Witnesses for the Dutchess, but stopt at these Three for want of farther Pretence. The Result in short is this, That all the material Witnesses to the Charge are Impeached, and the Evidence on the other side stands Ʋntainted. To say nothing of the unanswerable Reasons that prevailed with [Page]the Lords finally to Reject the Bill, especially considering the Solemnity of the Proceedings: For [...] Cause was kept up on from the 7th. of January to the 17th. of February following. All the Lords [...] and about the Town being summon'd, by an Order of the House bearing date Die Veneris Feb. 1 [...]. 1691. to attend at Twelve of the Clock on the Tuesday following. And the Officers that summone [...] them to give an Account of what Lords they summoned; pursuant to which Order their Lordships met according to the Appointment: and after some previous Debates, Adjourned till the next Day, when the Depositions on both sides were read at the Table by the Clerk, as will be seen more at large upon the following Journal. And after a long and solemn Debate, The Question being put, Whether the Bill, intituled, An Act to Dissolve the Marriage of Henry Duke of Norfolk, Ear Marshal of England, with the Lady Mary Mordant, and to enable the said Duke to Marry again, shall be read a second time. It was resolved in the Negative.
ADVERTISEMENT.
THis Account of the Proceedings before the House of Lords by the Duke of Norfolk against the Dutchess, with her Defence, was design'd to have been Published soon after the Determination of the Cause in February, 1691. But that there might be no Offence given to the Duke, It was thought advisable to suspend it.
But since that, albeit the Dutchess did take such care not to give the Duke any manner o [...] Offence; yet he thought fit to bring his Action against Mr. Jermaine (in hopes of a new Foundation to prosecute the Dutchess) and did obtain a Verdict in the Court of King's Bench in November last, and a 100 Marks Damages: In which Action the Dutchess was no Party, nor could any Defence be made for her there.
Now in this Cause, the Witnesses produced by the Duke were the same that were examined before the Lords when the Bill was first Rejected, and the Dutchess Acquitted, and particularly Owen, Elwood, Burton, and Hudson, who spake to Matters in 1685. But the most Material of the Dutchesses Witnesses, who could have confronted them, were not produced at the Tryal; because those Witnesses of the Duke did speak of things not in Issue, and therefore those of the Dutchesses [...]ere thought unnecessary in that Cause, speaking to things out of that time to which the Duke [...]ad confin'd himself by his own Declaration: And though there were two or three new Witnesse [...] [...]roduc'd by the Duke at the Tryal, yet nothing of Fact pretended to be was proved. And though it was impossible to speak any thing to the Discredit of those Witnesses then, yet by Enquiry since▪ they are found to be of no better Reputation than the first, (as in due time may appear.) And particularly as to Bowtell (to say no more at present) he stands upon the Journal of the Hous [...] of Commons to have given an untrue Information against Captain Motley, and upon it was Or dered to be taken into Custody, who afterwards petition'd to be discharg'd, and being brought t [...] the Bar, and owni [...]g his Fault, had a Reprimand by the Speaker, and at length discharged paying his Fees.
Now upon the Reputation of this Verdict, though the Dutchess was no Party, nor her Witnesses examined as aforesaid, yet the Duke was pleased to offer a new Bill to the Lords the 22th of Decemb [...] last, for Dissolving the Marriage, &c. But the Dehate for Receiving or not Receiving it u [...] Adjourn'd to the 29th following, and from thence to the 31th, and from thence to the second January, when after a long and serious Debate, The Bill was again Rejected: So that now it [...] not be thought Impertinent for this true Account to appear to the World.
A Vindication of her Grace MARY Dutchess of NORFOLK, &c.
THE 7th. of January the said Bill was lodg'd in the House of Lords.
The 8th. of January the Dutchess of Norfolk, having received Intimation, that the Duke of Norfolk was this Day offering a Bill to the House of Lords, for Dissolving the Marriage between them, and that the same was under De [...]at [...] bef [...] their Lordships; She was advised to present the following Petition.
To the Right Honourable the Lords Spiritual and Temporal in Parliament assembled,
The Humble Petition of Mary Dutchess of Norfolk.
THat your Petitioner being informed, that the Duke of Norfolk is at this time offering a Bill to your Lordships, for Dissolving the Marriage between him and your Petitioner,
Upon which Petition their Lordships were pleased to make the following Order, (viz.)
Die Vineris 8 Januarii, 1691.
A Bill having been offered to this House, on the behalf of the Duke of Norfolk, to dissolve the Marriage between the said Duke and his Dutchess; It was ordered by the Lords Spiritual and Temporal in Parliament assembled, that Her Grace shall have notice thereof, and may be heard, by her Counsel, at the Bar of this House, on Tuesday next at 12 of the Clock; what she hath to object against the receiving the said Bill; at which time the said Duke may also be heard by his Counsel, for the said Bill, if he shall think fit.
Die Martis 12 Januarii, 1691.
AFter hearing Counsel this day, at the Bar, what they could object for her Grace the Dutchess of Norfolk, against the receiving of a Bill offered by his Grace the Duke of Norfolk, to dissolve the Marriage between him and his Dutchess: As also the Counsel of his Grace the Duke of Norfolk for receiving the said Bill. And after Consideration of what was offered by Counsel, on either side, and a long Debate thereupon:
This Question was put.
Whether the Duke of Norfolk's Bill should be received? It was Resolved in the Affirmative.
Which Bill is as followeth.
An Act to Dissolve the Marriage of Henry Duke of Norfolk, Earl Marshal of England, with the Lady Mary Mordant, and to enable the said Duke to Marry again.
FOrasmuch as Henry Duke of Norfolk, and Earl Marshal of England, having been Married to the Lady Mary Mordant, hath made full proof that his said Wife is guilty of, and hath committed Adultery on her part: And forasmuch as the said Henry Duke of Norfolk hath no Issue, nor can have any probable expectation of Posterity to succeed him in his Honours, Dignities and Estate, unless the said Marriage be declared void, by Authority of Parliament, and the said Duke be enabled to Marry any other Woman. The King and Queens Most Excellent Majesties, upon the Humble Petition of the said Henry Duke of Norfolk, having taken the Premises into their Royal Consideration, for divers weighty Reasons, are pleased that it be Enacted; And be it Enacted, by the King and Queens Most Excellent Majesties, and by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That the said Marriage between the said Henry Duke of Norfolk, and the said Lady Mary his Wife, shall from henceforth be [Page 2]null and void; and is by Authority of this present Parliament Declared, Adjudged, and Enacted to be null, and void, to all Intents, Constructions, and Purposes, whatsoever. And that it shall and may be lawful to, and for the said Henry Duke of Norfolk, at any time, or times, hereafter, to Contract Matrimony, and to Marry (as well in the Life-time of the said Lady Mary, as if she were naturally dead) with any other Woman, or Women, with whom he might lawfully Marry, in case the said Lady Mary was not living: And that such Matrimony, when had and celebrated, shall be a good, just, and lawful Marriage, and so shall be adjudged, deemed and taken, to all Intents, Constructions, and Purposes. And that all and every Children, and Child; born in such Matrimony, shall be deemed, adjudged and taken, to be born in lawful Wedlock, and to be Legitimate and Inheritable, and shall Inherit the said Dukedom of Norfolk, Office of Earl Marshal of England, and all other Earldoms, Dignities, Baronies, Honours, and Titles of Honour, Lands, Tenements, and other Hereditaments, from, and by, their Fathers, Mothers, and other Ancestors, in like manner and form, as any other Child, or Children, born in lawful Matrimony, shall or may inherit, or be inheritable, according to the Course of Inheritances used in this Realm: And to have and enjoy all Privileges, Preheminencies, Benefits, Advantages, Claims and Demands, as any other Child, or Children, born in lawful Wedlock, may have, or claim, by the Laws or Customs of this Kingdom. And be it farther Enacted, That the said Henry Duke of Norfolk shall he Intituled to be Tenant, by Courtesie, of the Lands and Inheritance of such Wife, whom he shall hereafter marry: And such Wife as he shall so marry, shall be Intitled to a Dower of the Lands and Tenements of the said Henry Duke of Norfolk, and of such Estate whereof she shall be Dowable, as any other Husband, or Wife, may, or might claim, have, or enjoy: And the Child, or Children, born in such Marriage shall, and may, derive and make Title, by Descent or otherwise, to, and from any their Ancestors, as any other Child, or Children may do, any Law, Statute, Restraint, Prohibition, Ordinance, Canon, Constitution, Prescription or Custom, had, made, exercised, or used to the contrary of the Premisses, or any of them, in any wise notwithstanding. And be it further Enacted, by the Authority aforesaid, That the said Lady Mary shall be, and is hereby barred and excluded of, and from all Dower and Thirds, and of, and from, all Right and Title of Dower, and Thirds, unto, or out of any the Honours, Mannors, Lands or Hereditaments of the said Duke. And that all Conveyances, Jointures, Settlements, Limitations and Creations of Uses and Trusts, of, into, or out of, any Honours, Mannors, Lands or Hereditaments, at any time heretofore made by the said Duke, or any of his said Ancestors, or Trustees, unto, or upon, or for the use or benefit of the said Lady Mary, or any the Issue of her Body, or for raising, discharging, or countersecuring any the Mannors, Lands or Hereditaments of the said Lady Mary, or any of her Ancestors, shall be from henceforth utterly void, and of none effect: And all and every the said Honours, Mannors, Lands or Hereditaments of the said Duke, or any of his Ancestors, or Trustees, shall from henceforth remain, and be to, and for, the use and benefit of the said Duke, and such other Person, or Persons, and for such Estates and Interests, and in such manner and form, as if the said Lady Mary was now naturally dead, without any Issue of her Body. And also, That all Limitations and Creations, of any Use, Estate, Power or Trust, made by any of the Ancestors of the said Lady Mary, unto, or for the use or benefit of the said Duke, his Heirs or Assigns, out of any the Mannors, Lands or Hereditaments, of any of the Ancestors of the said Lady Mary, shall be from henceforth void and of none effect.
13 Januarii, 1691.
THE Duke of Norfolk's Bill aforesaid, having been yesterday received and read. The Dutchess of Norfolk presented the following Petition to Their Lordships this Day.
To the Right Honourable the Lords Spiritual and Temporal in Parliament assembled,
The Humble Petition of Mary Dutchess of Norfolk,
THat your Petitioner being Married to the Duke of Norfolk fourteen Years and upwards, never had, or received, from her Husband, any Intimation of a Misdemeanor, on her part, against him; which, joined to her Innocency of the Crime mentioned in the Bill, makes this Proceeding before your Lordships very surprizing to her: Her Person, Estate, and Honour, which is more dear to her than her Life, being now brought in question.
Your Petitioner humbly prays she may have a Copy of the particular Charge against her, with the Names of the Witnesses, and reasonable time allowed her to answer the same, before any farther Proceedings upon the Bill.
Upon which Petition the following Order was made.
Die Mercurii 13 Januarii, 1691.
UPon reading the Petition of Mary Dutchess of Norfolk, It is Ordered by the Lords Spiritual and Temporal in Parliament assembled, That Sir Richard Reynes, Sir Charles Hedges, and Dr. Oxenden, do attend this House to Morrow at ten of the Clock in the Forenoon.
14 Januarii, 1691. After having heard the Civil Lawyers, the following Order was made.
Die Jovis 14 Januarii, 1691.
AFter hearing this day the Civil Lawyers, pursuant to the Order Yesterday, upon reading the Dutchess of Norfolk's Petition, It is Ordered by the Lords Spiritual and Temporal in Parliament assembled, That his Grace the Duke of Norfolk shall being in the Charge against his [Page 3]Dutchess, and particularly to the Person, Time and Place, by Saturday next, at twelve of the Clock.
16 Januarii, 1691.
This Day the Duke of Norfolk brought in the following Charge against his Dutchess.
The Charge which Henry Duke of Norfolk, Earl Marshal of England, doth exhibit against his Wife Mary Dutchess of Norfolk, before the Lords Spiritual and Temporal in Parliament assembled, pursuant to their Lordships Order of the 14th. of January, 1691. is for the Crime of Adultery.
THE Person charg'd to commit the said Crime with the said Dutchess is John Jermaine, of the Parish of S. Margaret's, in the Liberty of Westminster.
The Times when the said Crime was committed, were between the Months of June and December, 1685. and several times since.
The Places where the said Crime was committed, are at Whitehall, Windsor, and within the Parishes of S. Margaret's Westminster, S. Martin's in the Fields, S. James's, S. Ann's within the Liberty of Westminster: And in the Parish of Lambeth, in the County of Surrey.
Upon which the following Order was made.
Die Sabbati, 16 Januarii, 1691.
UPon reading this Day the Charge which Henry Duke of Norfolk, Earl Marshal of England, hath exhibited against his Wife, Mary Dutchess of Norfolk, for the Crime of Adultery. It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That her Grace the Dutchess of Norfolk do attend this House on Monday next, or some Person on her behalf, then to receive a Copy of the Charge against her.
19 Januarii, 1691.
The Answer of Mary Dutchess of Norfolk, to the Charge exhibited against her by the Duke of Norfolk, before the Lords Spiritual and Temporal in Parliament assembled.
THis Respondent is advised, that the Charge exhibited by the Duke of Norfolk, into this Honourable House against her, as to Time and Place, is too general, and is not pursuant, nor doth answer the end of your Lordships Order of the 14th. instant, made upon the humble Petition of this Respondent. Wherefore she doth humbly hope, and pray, your Lordships will not oblige her to make any further Answer, till the Duke shall bring in a particular, and certain Charge, as to Time, and Place, against her.
And this Respondent doth the rather humbly insist, That your Lordships would please to require the Duke to be particular, and certain, in these material Circumstances of his Charge against her; for that it appears, by his own shewing therein, that the supposed Crimes objected to her, and alledged to be committed, were above six Years before the Bill was offered to this Honourable House: during most of which time, at the advice, and by the approbation of the Duke, was, and continued beyond the Seas, to ease him in his Charge, and Part; He frequently declaring, that when he should be more easie in his Fortune, they should live together.
Upon which Answer the following Order was made. And the Duke's Second Charge delivered in the same Day.
Die Martis, 19 Januarii, 1691.
IT is Ordered by the Lords Spiritual and Temporal in Parliament assembled, That her Grace the Dutchess of Norfolk shall have a Copy of the Duke's Charge delivered this day against her: And that she, or Sir Thomas Pinfold, do attend this House, to Morrow at 11 of the Clock in the Forenoon, to answer to the said Charge.
Which Copy is as followeth.
The Charge which Henry Duke of Norfolk, Earl Marshal of England, doth exhibit against his Wife Mary Dutchess of Norfolk, before the Lords Spiritual and Temporal in Parliament assembled, pursuant to Their Lordships Order of the 14th of January, 1691, is for the Crime of Adultery.
THE Person charged to commit the said Crime with the said Dutchess, is one John Jermaine, of the Parish of St. Margaret's Westminster.
The Times, and Places, when the said Crime was committed, were at Whitehall, in the Months of June, July, August, some, or one of them, in the Year 1685. At Windser in the Months of July, August, or September, some, or one of them, in the said Year 1685. In the Parish of St. Margaret's Westminster, March, April, May, June, some, or one of them, in the Year of our Lord 1690. And in the said Parish of St. Margaret's Westminster, in the Months of July or August 1690. In the Parish of Lambeth, in the County of Surrey, in the Months of May, June, July, August; some, or one of them, in the Year 1691.
Upon which, the next Day (viz.) the 20th of January, 1691, the Dutchess of Norfolk presented the following Petition.
To the Right Honourable the Lords Spiritual and Temporal in Parliament assembled,
The Humble Petition of Mary Dutchess of Norfolk.
THat your Petitioner was served with an Order of this Honourable House, late last Night, to attend your Lordships this Day, by Eleven of the Clock, either in Person, or by Sir Thomas Pinfold, to answer to a new Charge brought in against her, by her Husband the Duke of Norfolk.
Your Petitioner is advised, That, for her just Defence, it is necessary to alledge in her Answer several special Matters relating both to the Duke and her self.
That in this short time appointed by Your Lordships, your Petitioner finds it impossible to instruct Counsel, to prepare such an Answer as she is advised is necessary to put in.
Wherefore Your Petitioner Humbly prays Your Lordships, she may have convenient time to put in her Answer to the said Charge.
And Your Petitioner will ever pray, &c.
Upon which the following Order was made.
Die Mercurii 20 Januarii, 1691.
UPon reading the Petition of Mary Dutchess of Norfolk, praying that She may have convenient time for answering to the Charge put in against her, by his Grace the Duke of Norfolk, Yesterday. It is Ordered by the Lords Spiritual and Temporal in Parliament assembled, That her Grace the Dutchess of Norfolk shall peremptorily answer, by her Self, or Proctor, to the said Charge, to Morrow at Eleven of the Clock in the Forenoon.
Accordingly, January the 21st.
The Dutchess of Norfolk delivered in the following Answer.
I Mary Dutchess of Norfolk, under Protestation, That the pretended Charge of Adultery given against me, in the Honourable House of Peers, was, and is, general, insufficient, and such as, I humbly conceive, I am not bound by Law to give answer unto. Yet knowing my own Innocency, and that I am not guilty of the pretended Crime, this Protestation being Sacred to me, I shall, and do, under the Matters and Qualifications hereafter mentioned, answer, and say, hereby affirming, That having been marryed to his Grace the Duke of Norfolk, for near 15 Years, he never did (till this pretended Charge given against me) in the least pretend, or intimate, unto me, that I had ever injured his Bed; but did always treat me with great Kindness and Respect. And about the Year 1685, at his request, and desire, I did go with him from London to France, and there continued with him for some time; where his Grace, being under an Indisposition and continuing so for some time, He shewed such Affection to me, and put so great Trust and Confidence in me, that all such things that were administred to him, in order to his Recovery, He did not, nor would receive any of them but what came from my Hands; and I did with great care attend him: And being recovered, He told me his Occasions required him to go for England, but he would return to me in France within some short time, and bring Me home to England; and at his parting with Me, he shewed great Affection to Me, and in great Passion of Love, with Tears in his Eyes, said, He had Ten Thousand Pardons to ask Me, desiring my Patience, and that I should return into England to him in some short time. And after his Grace's return into England, he having notice from me, that my Lodgings was inconvenient, and desiring his leave to change the same, He wrote me word very [...]ffectionately, that God forbid he should constrain me to any Inconveniency, and left me to my Liberty therein. And before his parting with me, in France, as a Testimony of his Love and Aff [...]ction to me, He ordered 400 l. yearly to be paid unto me, out of his own Estate, by Quarterly Payments, over and above the separate Maintenance settled upon me, by my Father, upon my Marriage with him. And that after his Arrival in England, he made several Visits to my Mother, the Countess of Peterborow; and with great Observance, and Respect, ask'd her Blessing, and told her, he had left me well, and safe, in France; and said, that his own Debts were pressing upon him; but if her Daughter (mean my Self) would consent that the Mannor of Drayton, and other places, should be settled upon him, and his Heirs, he should thereby be made a happy Man. And I coming into England, his Grace having put off House-keeping, and dwelling in the Countess of Peterborow's Lodgings, in St. James's, for about 2 Years; and I suing him for Alimony (the said 400 l. a Year not being paid unto me) He did not, during that Suit, object any Crime against me, which had been proper for him to have done, to avoid Alimony, if I had been guilty. And I, the said Mary Dutchess of Norfolk, being at Drayton in Northamptonshire, his Grace did write very affectionately to me. And that Disturbances happening in those parts, in Nov. 1688, I left Drayton; and, with the consent of the Duke, went beyond Seas, and there continued till sent for by my Father and Mother, and then returned; which was in or about Octob. 1691. with the Duke's consent. And then Applications being made to me by the Duke my Hu [...]band, to join with him in the Sale of Castle-Rising, and other Estates: But I being advised this must be injurious to me, could not joyn therein, which I humbly apprehend to be the true Cause and Occasion of this proceeding against my Honour, on the Duke my Husband's part.
And I the said Mary Dutchess of Norfolk, adhering to my Protestation of my Innocency, and denying that I am guilty of the pretended Crime charged against me, and being unwilling to Impeach my Husband of any Crime whatsoever; yet being advised, That, by the Laws of the Land, a Husband suing a Divorce for the Adultery of his Wife, he ought not to obtain any Sentence of Divorce, if he be proved Guilty of the same.
[Page 5] Wherefore this Respondent doth aver, and is ready to prove, that the Duke her Husband was, and is guilty of Adultery, and hath continued in the Course of Adultery for these ten Years last past, and doth so continue.
My Lords.
IT is my Misfortune to be thus accused; I had rather stand charch'd for High-Treason before your Lordships, than with this ignominious Crime. In the Charge for High-Treason, the manner of Tryals, and the ways of Proceedings, are known; so is the Punishment in this Case against me.
Your Lordships are now creating new ways of Proceeding against me, and a new Law to punish me; and this for a Crime suppos'd, and alledg'd to be committed seven Years past, in another Reign, after publick Indemnities in the Sessions of Parliaments, many Sittings of Parliaments, and Dissolutions of others, without mentioning this Crime against me. My Counsels are to seek how to advise my Defence in the Proceeding, being altogether strange, and without President, or Example.
I find my Prosecution now to be very violent, and my Proceeding to be very swift upon me, having had but one Night to prepare my Answer to this general Charge. I do in this Place publickly declare, I am innocent of what is objected to me, and am not guilty of defiling my Husband's Bed: I am not guilty of the Crime charg'd against me. I hope (being thus accused) I may, without Vanity and Vain-Glory, say, what is well known, That I am not only the Duke of Norfolk's Wife, but also born and descended from Parents and Ancestors of the Ancient Nobility; That your Lordship's Ancestors, and my Ancestors, who sat in this House, knew no such Proceeding: It is with regret that I bring this Answer for my Self, and against my Husband; but it being my Defence, I hope you will excuse me.
And if your Lordships shall, in your great Wisdom, proceed farther in this matter, I hope, and do most heartily pray, that I may hereafter have convenient time to make my Proofs, and full Defence; and then I doubt not of your Lordship's Justice to me, as well as for my Husband, who Sits and Votes with your Lordships.
Upon the delivering the said Answer, the next Day the following Order was made.
Die Veneris, 22 Januarii, 1691.
IT is Ordered by the Lords Spiritual and Temporal in Parliament assembled, That His Grace the Duke of Norfolk shall produce his Witnesses, to Morrow at Ten of the Clock in the Forenoon to be sworn. And that her Grace the Dutchess of Norfolk do attend this House, by her self, or Proctor, at the same time; and may have Orders for Witnesses if she pleases.
Accordingly, 23 Januarii, 1691, the Duke's Witnesses were produced; and whose Names are as followeth.
- Margaret Ellwood
- Ann Burton
- Rowland Owen
- Thomas Hudson
- Simon Varelst
- Peter Scriber
- John Reynolds
- Thomas Lloyd
- Andrew Anderson
- Thomas Foster
- Margaret Foster
- Jane Wadsworth
- Mary Boyle
- Rice Jones
- Ann Jones
- John Hoskins
- John Hall
- Mary Hall
- William Barly
- John Wood
- Richard Owen
- Henry Dagley
- William Miles
- John Colvin.
After these several Witnesses were produc'd, on behalf [...] the Duke of Norfolk, and had given in their several Places [...] Aboad, &c. The following Oath was administred to them.
YOƲ shall true Answer make to all such Questions as sh [...] be asked you by this Honourable House, in relation to t [...] Charge of Adultery, brought in by the Duke of Norfolk, agains [...] the Dutchess of Norfolk, with John Germaine; you shall declar [...] your whole Knowledge of this Matter, and shall speak the Truth the whole Truth, and nothing but the Truth, as well upon the matter you shall be examined on behalf of his Grace the Duke of Norfolk, as upon such Interrogatories as shall be exhibited on behalf of the Dutchess of Norfolk, without Favour or Affection to either Party.
So help you God, and by the Contents of this Book.
After the Oath administred, as aforesaid, the following Oder was made.
Die Sabbati, 23 Januarii, 1691.
IT is Ordered by the Lords Spiritual and Temporal in Par [...] ment assembled, That the Dutchess of Norfolk's Proctor sh [...] have a Copy of what was taken upon Swearing the Duke of Norfolk's Witnesses at the Bar; and that the Duke's Witnesses sh [...] give in their Evidence at the Bar, on Tuesday next, at Ten of th [...] Clock in the Forenoon: and that the Dutchess of Norfolk, [...] her self, Proctor and Council, shall attend, together with [...] Duke's Proctor and Council, at the same time.
After Examination of Witnesses on behalf of the Duke, [...] following Order was made.
Die Martis, 26 Januarii, 1691.
AFter hearing this day, the Witnesses on the behalf of [...] Grace the Duke of Norfolk; it is Ordered by the Lo [...] Spiritual and Temporal in Parliament assembled, That Fri [...] next, at Ten of the Clock in the Forenoon, shall be, an [...] hereby appointed, for her Grace the Dutchess of Norfolk [...] make her Defence, by her Proctor, or Council; and that [...] Grace the Duke of Norfolk's Council and Proctor be then [...] sent, and the Witnesses who this day delivered their Eviden [...] or Oaths, on his Grace's behalf: And that the Dutchess ma [...] have an Order for such Witnesses, as she shall think fit to ma [...] use of, on her Grace's behalf.
[Page 6] Upon which Order, the Dutchess was advised to present the [...]ollowing Petition.
To the Right Honourable the Lords Spiritual and Temporal in Parliament assembled.
The Humble Petition of Mary Dutchess of Norfolk.
THat since the Examination of Witnesses before your Lordships, against your Petitioner, upon Tuesday last, the utmost Endeavour and Diligence hath been used, to prepare for [...]er Defence against the time appointed by your Lordships.
That your Petitioner is very much concerned, that, for the [...]cessary Defence of her self, she should be forced to lie under [...]he Charge sworn against her, one moment beyond the time [...]iven her by your Lordships.
But, upon a Consultation with her Council and Sollicitor, [...]st Night, she is advised, that it is absolutely necessary for her [...] Address to your Lordships for Time, till Monday next, to [...]ring in her Defence, some of her most material Witnesses be [...]g remote from London; and though she has sent for them, and [...]sed all means possible to get them ready by the time appointed, [...] cannot be able to have them here before Monday next.
Wherefore Your Petitioner humbly prays your Lordships (it being a Case of the highest Concern, and utmost Importance, to your Petitioner) to give her Time, till Monday next, to bring in her Defence.
Upon which Petition, the following Order was made.
Die Veneris, 29 Januarii, 1691.
WHereas this Day was appointed for her Grace the Dutchess of Forfolk to make her Defence; upon reading the Petition of her Grace the Dutchess of Norfolk, praying (it being a Case of the highest Concern, and utmost Importance to her) to give her time, till Monday next, to bring in her Defence; after hearing her Council at the Bar, and upon Oath made, that some of the Dutchess's material Witnesses are out of Town, It is Ordered by the Lords Spiritual and Temporal in Parliament assembled, That her Grace the Dutchess of Norfolk hath hereby Time given her for making her Defence, until Monday the First Day of February next, at Eleven of the Clock in the Forenoon.
Accordingly, the Dutchess of Norfolk began her Defence: And the following Order was made.
Die Lunae, 1. Februarii, 1691.
IT is Ordered by the Lords Spiritual and Temporal, in Parliament assembled, That on Wednesday next, at Eleven of the [...]ock in the Forenoon, the House shall proceed in hearing the Dutchess of Norfolk's Evidence; and that all the Witnesses that have been sworn on either Side, do then attend the House.
Which they did; and the following Order was made.
Die Mercurii, 3 Februarii, 1691.
AFter having this Day heard several Witnesses on behalf of her Grace the Dutchess of Norfolk, as also for his Grace the Duke of Norfolk, It is Ordered by the Lords Spiritual and Temporal, in Parliament assembled, That her Grace the Dutchess of Norfolk's Council shall proceed in her Grace's Defence, on Saturday next, at Twelve of the Clock.
They proceeded accordingly; and the following Order was made.
Die Sabbati, 6 Februarii, 1691.
AFter having this Day heard several Witnesses on the behalf of the Dutchess of Norfolk, It is Ordered by the Lords Spiritual and Temporal in Parliament assembled, That the Council for his Grace the Duke of Norfolk shall proceed to examine Witnesses on Tuesday next, at Twelve of the Clock.
Which accordingly they did; and the following Order was made.
Die Martis, 9 Februarii, 1691.
AFter hearing some Witnesses this Day, on the behalf of his Grace the Duke of Norfolk, It is Ordered by the Lords Spiritual and Temporal, in Parliament assembled, That the Council for his Grace the Duke of Norfolk, as also the Council for her Grace the Dutchess of Norfolk, shall be heard on Thursday next, at Twelve of the Clock, to sum up the Evidence on either side; and that Mrs. Sawbridge and Mrs. Stourton do then attend, to be heard.
The Council attended accordingly, but not heard; and their Lordships were pleased to make the following Order.
Die Jovis, 11 Februarii, 1691.
IT is Ordered by the Lords Spiritual and Temporal, in Parl [...] ment assembled, That the Council for his Grace the Duke of Norfolk, as also the Council for her Grace the Dutchess of Norfolk, shall be heard to Morrow, at One of the Clock in the Afternoon, to sum up the Evidence on either side; and that Mrs. Sawbridge and Mrs. Stourton do then attend to be heard.
[Page 7] After Evidence summed up, this following Order was made.
Die Veneris, 12 Februarii, 1691.
AFter hearing this Day the Counsel, and a Civilian, for his Grace the Duke of Norfolk; and also Counsel, and a Civil Lawyer, for her Grace the Dutchess of Norfolk, who summed up the Evidence for their Graces severally, It is Ordered by the Lords Spiritual and Temporal, in Parliament assembled, That on Tuesday next, at Twelve of the Clock, this House shall proceed on the debate of this Business; and that then no other Business whatsoever shall intervene: And that all the Lords in and about the Town shall be summonned then to attend; and that the Officers that summon them give the House an account of what Lords they summon
The Matter was accordingly entred upon; and after some previous Debates by their Lordships, they were pleased to apjourn till the next Day, when they proceeded, (viz.)
Die Mercurii, 17 Februarii, 1691.
THe Depositions taken at several Times before, on the behalf of his Grace the Duke of Norfolk, as also those taken on the behalf of her Grace the Dutchess of Norfolk, were read at the Table, by the Clerk.
After long Debate thereon, The Question was put.
Whether the Bill Entituled, An Act to Dissolve the Marriage of Henry Duke of Norfolk, Earl Marshal of England, with the Lady Mary Mordant, and to enable the said Duke to Marry again, Shall be Read a Second Time?
It was Resolved in the Negative,
The Proceedings of the LORDS upon the Evidence.
Rowland Owen Examined on the behalf of the Duke of Norfolk, against the Dutchess of Norfolk.
ROwland Owen saith that Mr. Keyner, about Six Years since, being the Duke of Norfolk's Butler, ordered him to carry the things out; the Lodgings being open, he saw Mr. Germaine in Bed with the Dutchess of Norfolk, the Dutchess leap'd out of the Bed, and put on a Morning Gown, and Germaine hid himself in Bed; this was between five and six a Clock in the Evening, about a Fortnight before Bartholomew Day; he did not tell the Duke: he is sure it was Germaine; he saw him often, twice or thrice a day; the outward door of the Lodgnigs was shut, but he opened it with a Key he had,
Rowland Owen examined a second time, saith he never ha [...] the Key of the Lodgings but once, that Mr. Keymer g [...]v [...] him the Key, when he went as (as he told him) to th [...] Blew Posts in the Haymarket, to bespeak the Dutchess's Supper; he saith he saw not Francis Knight then in the Lodgings nor any other Woman but the Dutchess of Norfolk; he saith h [...] hath seen Keymer often open the outward Door of the Lodgings, when he hath been by, without calling Francis Knight [...] he saith that he himself opened the first Door with the Key; the Second Door was not close shut, and the third Door was open: he saith two of the Doors are streight forward, and the third turns a little on the right Hand; he saith he was gon [...] in at the third Door when the Dutchess leapt out of Bed.
Witnesses produced to the Credit of Rowland Owen.
EDward Silvester saith he hath known Rowland Owen three or four Years, and he hath trusted him in Business, and he hath ever been very faithful; he hath trusted him in Stores to the King, and he might have imbezell'd, but ever found him honest; and he hath had three or four Thousand Pounds worth of Goods that he might have imbezell'd, and hath had opportunities of doing ill things, but never did: he hath trusted him with every thing he hath; he hath had more than 20 l. imbezell'd by others, but he never imbezell'd a half penny: H [...] knows not well who recommended him to him; he hath a [...] hundred Men now, and he knows not that three of them wer [...] recommended: He hath trusted him with Goods an hundre [...] and an hunded times that he might have imbezell'd; and othe [...] that he hath so trusted have cozened him, and he hath l [...] 20 l. in a Months time by them; He works at our wo [...] and that better than twenty that he hath had, and he's [...] Porter; he saith he knows not Mr. Negus, nor was not [...] quainted with him till Yesterday.
John Jones saith he hath known Rowland Owen above th [...] Years, and that he's a very honest Man, and that he ever for him faithful; that he lodged in his House, and that he m [...] have done him injuries if he would, and he hath been [...] ployed else where, and he never heard ill of him; he beli [...] he's a Man of a better Principle than to take a false Oath
Thomas Cooke saith that he hath known Rowland O [...] five Years, and knows not but that he's an honest Man, [...] saith that he maintains his Family by his Labour; he i [...] 01 Neighbour, and never heard him taxed with any Misdemean [...]
Witnesses Sworn on behalf of the Dutchess, for inv [...] dating the Testimony of Rowland Owen. (v [...]
FRancis Knight saith she knows Rowland Owen, as he [...] a Fellow-Servant in the Duke of Norfolk's House; [...] hath known him a Year, he was running Porter, to carry Co [...] and Wood; he was not trusted with any Keys; she [...] trusted with the Keys to the Lodgings, and she always k [...] the Key to the outward Door to the Lodgings, and there [...] no other Key; and she never delivered it to any Body, [...] sometimes left it with the Lady Peterborough's House-ke [...] she never let this Owen have that Key, or any other Key t [...] [Page 8] [...]odgings, it was below her to do it; he never went into the [...]ner Rooms, no farther than the Steps to the Outward Room; [...]e's a pityful beggerly Fellow; he laid the Stewar'ds Cloath, [...]nd had no other Livelyhood; she lived with my Lady six [...]ars and upwards, and all the while had the Key to the outward Door; she saith you must first come into the Room cal [...]ed the Footmens waiting Room, then into the Dining Room, [...]hen into the Bed-Chamber; the Doors are sideways: she made the Dutchess's Bed constantly; she lock'd the Door, and [...]ept the Key in her pocket; she had the Key of the Rooms [...]ill the Countess of Westmoreland had the Lodgings, which was [...]ill the Duke and Dutchess left them, which was ten or twelve days before Bartholomewtide, six Years ago,
Henry Kemer saith that he knew Rowland Owen Street-Por [...]er; he saith that he (this witness) could never get into the Lodgings, but when he had the Key from Francis 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 Pos [...]ession; he never saw Owen farther than the Passage-Room; he saith that the Doors are not opposite to one another; he saith Francis Knight never gave him the Key; he always found her there to open the Doors, or in the Room; he never had [...]ny Key that would open the Lodgings: Owen never told him [...]hat he caught the Dutchess in the manner as is said; he knows [...]ot of any Livelyhood he had, beside laying the Steward's Cloath: Owen had Wages from the Duke, and lodg'd at the [...]uke'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 Francis Knight, or gave him the Key of the Cupboard. Being ask'd whether he hath ever gone by another Name than Keymer, de 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 Keymer, 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.
[...]E [...]er in the first place to consider, and compare the Evidence on both sides Secondly, to examine the Credit of the Witnesses, Thirdly. The reasonable Probability of the Matters Sworn, according to the common Course and Practice of the World.
Owen Swears' That being sent by Henry Keymer, 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 aginst another, a body may see the Bed out of the first Room intot the hird; that Keymer 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 Keymer 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 he sent Owen with Plates, Spoons, and the like, from Duke's House to the Lodgings in Whitehall, he was either there himself to receive them, or directed Owen to deliver them to Francis Knight▪
Now if these two Witnesss 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 Syllable 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 Circumstance, it was no Scandal to conceal either their Names or their Aboads. 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. [...]he 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 [Page] [...] 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 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 two Rooms into the third, the Dutchess and Mr. Germaine both awake too, and all this Noise not give them the Alarm?
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 pitiful 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 Nuda, and Solus cum Sola, to bring the Proofs 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, an [...] [...] Hand on his Sword, saying, God Dam you for a Whore, [...] have you the impudence to come here? My Lady bid him ki [...] me down. He scattered some Concerns. that is, Man's Natu [...] on the Boards: She saw no Nakedness but her Knee, or a li [...] above. Another time after she found Germaine's Handk [...] chief and Ruffles in my Lady's Bed; my Lady's Woman [...] there was Germaine's Name upon them. Another time, [...] saw Mr. Cornwal let Mr. Germaine out of my Lady's Close [...] She saw Germaine's Legs within hers when she came the fir [...] time into the Room, and his Breeches were about his Heel [...] The first time was in Bartholomew-Fair time. Mrs. Knifet [...] told her it was Germaine's Linnen.
Witnesses produced to the Credit of Marg. 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.
Lawrence Parnell saith, he knows Margaret Ellwood; sh [...] lived in his House in Brook-Market, next Easter will be tw [...] Years: He knows nothing amiss of her; she took care f [...] her Living; he never knew her keep ill Hours; she took [...] Room in his House, some of the Rent is behind, he thin [...] [...] thirty two Shillings, her Husband and the Woman gave hi [...] a Bond for it.
Witnesses Sworn on the behalf of the Dutchess, f [...] invalidating the Testimony of Margaret Ellwoo [...]
MIchael Haddon saith, he hath been acquainted with M [...] garet Ellwood four, five, six or seven Years. When [...] first knew her, her Husband was a Soldier in the Duke's Co [...] pany, and she was, as he hath heard, an Under House-keep [...] He believes she was turned out of the Duke's Service. [...] terwards she sold Drink in a House of his at Windsor, and we [...] away in his Debt by Night, without paying him; she took [...] Goods with her; this was in 1689.
Joyce Heath saith, she knows Margaret Ellwood; she liv [...] in a Cellar of hers, and in a back House of hers, but not [...] the same time, three Quarters of a Year in Brook-Market, [...] bout Michaelmas lost; she paid the Landlady but Eleve [...] Shillings Six Pence. Her Course of Life was not good; sh [...] was in an inferiour Condition; her Husband was a Cobler in [...] 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 [Page] [...] Witness for the Duke of Norfolk, who was to be divorc'd [...]m his Dutchess; and that the Duke sent his Chariot for her. [...] [...]old her, there could be no Separation in Marriage, except [...]ultery could be proved: And that I could not think it rea [...]able to believe, that so mean a Servant▪ as she could be a [...]ectator to so ill an Action as that was. She said, she thought [...]e could do the Duke no Kindness in going; for she never [...]w other harm by the Dutchess, than that she saw Gentlemen [...]ome to and fro to the House: But the Duke had sent for her, [...]nd she must go.
Mary Jones saith, She knows Margaret Ellwood; who she [...]eard say, the Lady Dutchess sent for her a little before Christmass last, and said, Margaret, I desire you to speak the truth; [...] 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 Christmass 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 but 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, [...]he 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; 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 welcom, and sent her Husband with her, the Witness, to see her Children's Lodging, in the Green-Meuse, 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 their 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 h [...]r 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 setled 30 l. 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 Discourse was the last Week, and her Father was present, and her Mother was just gone out.
Observations upon the foregoing Evidence.
Here is 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 Corroborating Evidence to support it: Only Captain 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 Christmass 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 Christmass 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 his 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 of this Information, that this Discourse had passed.
Nay, the Dutchess was so clear in the matter, that she sent for Ellwood a little before Christmass last, and bid her speak the truth; as Ellwood her self owned 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 lived 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 Christmass last, when all on a sudden, as Ann Ross deposes, she was taken into the Duke's House, the Children new cloathed, 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 D [...]scourse before-mentioned, that Ann and Mary Ross had with Ellwood's Husband.
The Question, at last, is briefly this: Whether is to be believed, 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 impeached by the other Party?
[Page] To pass now to the palpable unlikelyhood 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 Germain's threatning her, and the Dutchess's 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 Dutchess's Honour and Estate so absolutely at her Mercy.
As to the business of Mr. Germain'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 Corroborating 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.
Thomas Hudson Examined, on 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 Linnen, 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 the Lady Dutchess would accept of him; after that, he saw a Shirt and Wastcoat in the Closet, which my Lady's Woman and Ann Burton took away. My Lord being absent we murmured among 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, as 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.
Witness 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 [...] was Under-Butler himself; Keymer was Butler [...] and the Witness was Under Butler. He saith, Hudson [...] on the Gentleman of the Horse, and the Steward; he [...] the Duke's Servant, nor waited at the Table, that he know [...] he was never suffer'd to come into the Room when the [...] or Dutchess was at Play. He saith, He, the Witness, was at Windsor at the time when the Duke of Norfolk was at Po [...] mouth; but he was sent to Drayton, in Northamptonshire, [...] was then the Duke's Servant, as Under-Butler; he knows [...] where Keymer was; he saith he is now Servant to the Lord [...] terborough.
Col. Jacob Richards saith, That he knows Thomas Hudso [...] he was his Servant; he was recommended to him by Mr. Crag [...] he was his Footman; he believes he was in his Service fo [...] Months; he parted with him, because he found him a tricki [...] Fellow: He told him, his Brother Cragg was to be kill'd [...] one Curry, and another Irishman: He, the Witness, writ to [...] Brother Cragg, and he advis'd the Witness to part with hi [...] for he did not think him fit to be trusted in his Travels; whe [...] upon he paid him his Wages, and gave him Money to bear [...] Charges to England, and sent a Trunk by him. One Mr. N [...] gus travell'd with the Witness; and his Father who then a [...] now lives with the Duke of Norfolk, writ to us, That he d [...] not think it fit for us to keep such a Servant, for he was a dang [...] rous Fellow, or to that effect. Hudson never own'd any thi [...] of the Adultery to the Witness, but positively declar'd to hi [...] he knew nothing of it: This was in January, 1685. [...] saith, that Cragg writ him Word, That Hudson must needs [...] a Tricking Knave. He negligently told the Witness this of [...] Adultery; Curiosity made him ask it of him; for he had [...] with the Duke and Dutchess, and it was natural for him, [...] Witness, to ask such a Question. He saith, he believes Hu [...] saw some of his Letters: He saith, there were Printed Pa [...] in the Trunk he sent, but nothing of any considerable va [...] He saith, Hudson never cheated him of any thing that he k [...] of; he hath trusted him with a 100 l. at a time: The T [...] was deliver'd in England, and he believes he knew [...] was in it: He saith, that asking Hudson whether he knew [...] thing of the Adultery charg'd on the Dutchess of Nor [...] Hudson said, he knew nothing of it: He, the Witness told [...] that it was said, that it was he that had betray'd the Dutc [...] [...] He said it was a false Accusation, for he knew nothing of [...]
Observations upon the foregoing Evidence.
HƲdson swears himself the Duke's Butler at Wi [...] William Purchase swears that Hudson was never [...] Duke's Butler.
Hudson says, that they went to Play, and that he [...] heard Mrs. Gwin out of a Closet, saying as in the Evid [...] Mrs. Gwin is a dead Witness, and Hudson but a Closet [...] ness, which is little better. Now Purchase says again, T [...] Hudson was never suffer'd to come into the Room where [...] Duke or Dutchess was at Play.
Hudson says likewise, That the Servants murmured amo [...] themselves, That my Lord was wrong'd, and that he told [...] Lord of it. Colonel Jacob Richards deposes, That he him [...] [Page] [...] [...]ng of a Noise of the Adultery; Hudson made Answer, [...] it was a false Accusation, and he knew nothing of it.
[...]ow as to Hudson's Credit, he was Colonel Richard's Foot [...]; who turn'd him off, as a Tricking Fellow, and not fit [...]e trusted. Mr. Negus, the Duke's Servant, both then and [...], was of the same Opinion too; and advised, by Letter, [...] putting of him away, as a dangerous Fellow.
This Story, of Mr. Germain's sending his Man for clean Lin [...] over Night, and the bringing it next Morning, has little [...]t, even supposing the Fact to be true. First, The Order [...]is given bare-fac'd, and consequently no Mystery in it. Se [...]ndly, There was a Set Company at Play, and that was not [...] opportunity for a Love-Intreague. Thirdly, it is no new [...]ng for People to Sit-up all Night at Play, and change their [...]nnen next Morning, without any offence to Honesty, or [...]ood Manners, where they may have a Privacy so to do it. And [...] my Lady's Woman, and Ann Burton, took away the Shirt [...]d Wastcoat, as he says they did, there's no great hurt in that [...]either; tho' it's much to have Three such Confidents to such Secret, an Under-Footman privy to the Intreague of Ger [...]ain's Man going and coming, and raking in the Womens Clo [...], among the Linnen.
But still the only proper Witnesses are kept behind the Cur [...]n. Ann Burton indeed is produced, and we shall see what [...]nd of Evidence she proves her self in the next place.
[...]nn Burton Examin'd, on the behalf of the Duke of Norfolk, against the Dutchess.
ANN BƲRTON saith, she was a Servant to the Duke and Dutchess of Norfolk. When the Duke was gone to Portsmouth, she was at Windsor when my Lady went to London with Germaine. When my Lady came home, after Supper, she was in great haste to go to bed; when she was undrest, [...]he said she would lock us out, because she would not be disturb'd before Eleven a Clock the next Morning, tho' the King [...]nd Queen should come. Hudson told her Germaine was still in the House; whereupon we laid Chairs on the Back-Stairs, that we might hear him if he came down; the Chairs were not removed the next Morning: When Germaine's Man came with his Linnen, he said his Master was there. My Lady order'd a Fire to be made in my Lord's Room; where when she was come, Mrs. Nelly Gwin came in, and ask'd her how she lik'd her Night's Rest? And being ask'd for Germaine, she said she knew nothing of him. My Lady complaining of her Hair being out of order, Nelly answer'd, It was a hot Night with her, enough to put her Hair out of Powder and Curl too. Quickly after Cornwall came in and asked for Germaine; and my Lady saying she knew nothing of him, Nelly Gwin said, I question not but he will come out by and by like a drownded Rat. With that, while I was cleaning the Dining Room, Mrs. Knifton called me, and shewed me in a Closet Germaine's Shirt and Wastcoat; and afterwards making my Lady's Bed, saw there were Two Prints where Two had laid. The Shirt and Wastcoat were sent by the Duke to the Lord Peterborough; she saith she is a single Woman, and was never married. This was about Bartholomewtide Six Years since; she supposeth the Bed was Stain'd both by a Man and a Woman.
Witnesses Sworn on the behalf of the Dutchess for the invalidating the Testimony of Ann Burton.
ANn Burton against her self; upon seeing several Witnesses comes in, to prove her to be a Married Woman, (tho' she had sworn the contrary) was call'd to the Bar of the Lords, and there saith, she was not Married when she was at Windsor, since that she hath been Married. Ann Burton was her Maiden Name, her Husband's Name was Benskin.
Susan Wheat-Croft saith, that she knows Ann Burton, and that she Lodged in her House Sixteen Weeks, with her Husband Robert Benskin, and she said she should have a parcel of Mony to be a Witness for the Duke of Norfolk against his Dutchess; this was about March two Years since; her Husband said he should have a Commission from the Duke of Norfolk, and he should have a great deal more from him, for his Wife is to be a material Witness against his Dutchess. They did nor pay her, the Witness, when they went away, nor since, they owed her Seven Pounds Fifteen Shillings; she hath been seeking after them, and could not find them; she left a Trunk with Rags in it, and went away privately, carrying away her Good's by Parcels.
Mary Sheriff saith, that she lives next Door to Warwick-House in Holbourn, and hath kept House there near Seven Years, and hath known Ann Burton two Years; she lived with my Lord Clare; while she was there a Soldier, courted her; they used to come every day for a Fortnight or three Weeks to her House to drink; she ow'd her about 3 l. she hath told her several times since, that she was to be a Witness, for the Duke of Norfolk against his Duchess, and she was to have Mony for speaking: She heard Mrs. Tod bid her always keep in a Story, and she would do well. She, the Witness heard them talk of 30 or 40 l. Mrs. Burton should get by being a Witness; she is not paid the 3 l. nor knows not whether she shall be paid; but last Winter she found her in Henriettastreet, and she desired her, the Witness, not to take notice of her Name, nor what she said to her, for she, the Witness, should have her Mony in a short time, when the Tryal was over; she told her the same a little before that, when she lived at Major Wildman's; she takes it to be in this Winter was Twelve month; she thinks it was the Duke of Norfolk's Tryal; she, the Witness, keeps a Coffee-house, called Joe's Coffee House.
William Purchase saith, that he knows Ann Burton; she declared to him about a Year and a half after the Dutchess was charged with lying with Germaine, that she knew nothing of it, and that the Dutchess was wrong'd as much as ever any Woman was, and that she hoped to see those punished that were the Cause of the Accusation: He saith, he went to see her as a Fellow-Servant, and he was not sent by any one; and going to drink together, they fell into this Discourse: He hath talk'd of this matter several Times (particularly to Mr. Welborne) since this Business was spoken of, having heard she was to be a Witness against the Dutchess.
Observations upon the foregoing Evidence.
ANN Burton has the Story over again of the Shirt and Wastcoat, and of Mrs. Gwyn's Discourse, to which enough is said already, and more needs not be said upon the Evidence of a Person so manifestly forsworn. In her first Oath, she swears her self a single Woman, and that she was never married; but upon Witnesses appearing to prove the contrary, she was called to the Bar again, and own'd her self to be Married, and that her Husbands 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 she owed 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 hoped to see her Accusers punished: and that he himself hath often spoke of this passage to several, and particularly to Mr. Welborne. Take 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, Germaine came to him much concern'd, and said, you can do the Dutchess an extraordinary kindness, and you 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 [...]iscourse had wrought so much upon him, that if there came [...]ny Evidence to assist him, he would leave off the pursuit; I [...]efused still, he offered me a Purse of Gold, and told me I [...]hould make my Fortune by it; but I refusing, Mr. Germaine [...]vent away very much discontented; my Wife being in the next Room, overheard the discourse between Germaine and me, a [...] 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 Rothmell 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 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 Wastcoat, in a frosty night, and cut his Feer, and was brought home by the Watch; he saith, his, the Witness's Wife, was to have been here this day, as a Witness, and was here, but not having an hour to reckon, and being ill, is gone home with her Midwife: 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 Husbands Linnen down to be wash'd, and the Landress fetching of it, she might take it up, and leave some of it behind.
Observations on 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 freak 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 likelihood of what Varelst has here depos'd.
Mr. Germaine came to him, he says, with a Letter from the [Page 14]Dutchess, which he read to him, and in the name of the Lord and Lady Peterborow, desir'd him to say, the Shirt and Wastcoat were his: but not one word all this while of the Contents of the Dutchesses Letter. He says again, that the Shirt and Wastcoat 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 herself 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 carried the Dutchess of Norfolk often, about two years since in his Coach, and brought her home, and the Foot-men have had four Half-Crowns given them; and Marting a Dutch-man, his helper, called it Hush-Money; it was by right, against a Light, that he saw her Face in the Coach; it was about Seven or Eight a Clock at Night about this time a hear; he hath seen her Face once in the day time, she looking out of a Sash-Window, two Stories high, in Mr. Germaine's House in Park-street; he knows her Face well enough; he hath seen her before, and since she was Married.
Witnesses Sworn on the behalf of the Dutchess of Norfolk, for Invalidating the Testimony of Thomas Foster.
JOhn Hall saith, that he lives at the Coffin in Tuttle-street, and is a Joiner; he saith, he hath known Thomas Foster two years; and that about three weeks since, they being drinking together, and talking about the Duke and Dutchess of Norfolk; he said, Mr. Germaine had done ill things by him, in turning him off in Ireland, and in turning him off here, and he was resolv'd to be reveng'd of him.
Hosea Grimsley saith, he lives with Mr. Germaine, and that he hath known Thomas Foster above a year and three months, in Mr. Germaine's Service; he heard him say, in the last week of December last, in Mr. Cook's House, about three days before he was turn'd away, that he thought it no more sin to Murther his Master, than it was to kill a Louse; he saith, he hath lived with Mr. Germaine about a year and half; and that he never saw the Dutchess of Norfolk with him; and that he hath ever since he came to him, lived with him in the place where he now lives; he saith, he never saw Mr. Germaine with a Woman, that was called the Lady Bateman, nor knows any such Name or Person.
Observations upon the foregoing Evidence.
THere is not one word in Foster's Evidence, true or false, that's worth the hearing, only it is levelled upon the main, at the Dutchess of Norfolk and Mr. Germaine; and John Hall gives the reason of it; for this same Foster, he says, was Mr. Germaine's Coach man, who he said, would turn him off, and he would be revenged of him. Hosea Grimsly testifies also, that some three days before Foster was turned away, he said, he thought it no more sin to kill his Master, than to kill a Louse. So, that the Evidence he gives, was grounded on the malice he bore his Master, for turning him off.
Thomas Lloyd Examined on the behalf of the Duke of Norfolk, against the Dutchess.
THomas Lloyd saith, he knows one that went by the Name of the Lady Bateman, at her House at Fox-hall; one Germaine, a Wine-Merchant, took the House, she came thither about Midsummer, 1689. She was off and on there till last Michaelmas. He hath seen the Person that went by the Name of the Lady Bateman; and it is the Dutchess of Norfolk. Goodman was her chief Man, and his real name is Keymer. Her Brother, as was pretended, which he hath heard was Mr. Germaine, was the chief man that came there, sometimes he came once or twice a Week, sometimes oftner; he's certain, as the Servants said, it was Captain Germaine that came there, every body said it was he: He knows him not by his Name, but by Hear-say; if he could see him now he could tell whether it was he; he hath not seen him since the Lady went away; he believes Germaine was there every month in both the last Summers; he cannot say that Goodman was ever there, when Germaine was there he saw him several times there in May, June, July, and August, 1691. Germaine's own Hair was then pretty long: He cannot positively swear he was Captain Germaine; he supposes if he saw him now he could know him.
Witnesses sworn on behalf of the Dutchess of Norfolk, for invalidating the Testimony of Thomas Lloyd.
ALexander Herman saith, that he served Mr. Germaine; he hath left his Service a year and a half, about eight Weeks after he came from Ireland with the King; h [...] served him a Year and half: Mr. Germaine was in Ireland with the King, in the Summer, in the Year 1690. He went to Ireland two days before the King that Summer, he continued there four Months: he believes he went the last of May, or the firs [...] of June; he came back with the King. He the Witness serve [...] him all that while in Ireland, and saw him every Hour an [...] every Day, and never stirr'd from him; he came from Ireland in the same Ship with the Lord Villers, the Earl of Manchest [...] and Mr. Felton; and he went to Ireland in the Monmouth Yard with the Envoys of Holland and Brandenburgh, and the Marquess Mompavillon: He saith Mr. Germaine was at Brussels May last, he saw him there, and spoke with him there [...] [Page 15] [...]aw the Lord Villers and the Lord Lumley there with him; he lodged in the same Tavern there with him, for four Days, and saw him not after: He the Witness, coming then for England, left him there. He never knew him wear his own Hair; his own Hair is dark brown: He never knew him appear abroad without a Wigg; his Hair is about half a Finger long; he wore a fair Perriwigg. He saith he, the Witness, was quarter'd in a little Tent behind him in Ireland; he could not stir but he heard him; he saith that four weeks after he saw him in Brussels, he saw him walking in St. James's Park.
Anthony Moree saith, he was Barber to Mr. Germaine; the first time he shaved him was about five or six years since; his own Hair is brown; he shaved his head very often; he shaved him before he went to Holland, and since he came home; he never saw his Hair long enough to cover his Ears; nor saw he him ever wear his own Hair, but a Perriwigg: he shaved him for a year and half before 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, 1690. Whereas Alexander Herman swears, that Mr. Germaine went to Ireland in the Summer 1690, on the last of May, or on 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 Moree 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 [...]wo Ladies that were to come from Holland were to live there; one was Mrs. Bryan, the other the Lady Bateman; they [...]ent by the Name of Daniel Germaine's and Captain Germaine's Sisters. The Ladies came to the House about ten days after [...]t 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 nor, 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 in 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 Geatleman that lived by the Cock-pit, that went by the Name of my Lady Bateman'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 carr ed him twice; he used to carry him to the back Stairs of Scriber's House: The same day he fetched 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; he saith he bought the Wood of the Bargemen, by the Persons Order that was called the Lady Bateman.
Robert Hemming saith, he knew one that lived near the Dyehouse in Fox-hall, that went by the Name of Lady Bateman; he saith, he was Gardner to the House near two Years since, after Midsummer 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 Neighbors. 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 believed was the same Lady Bateman; and because he would not be under a mistake, he enquir'd of one that followed 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 lived there, who now goes by the Name of Keymer.
Margaret Foster saith, she knows one Nichola, he's Mr. Germaine's Gentleman, that lives next house to the Cock-pit. Mr Germaine hath lived there two Years; her Husband was his Coachman; 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 Foreign to the Charge against the Dutchess; her Graces being at Fox-hall, and the going under borrowed Names, is all acknowledged, 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. Germane'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 at the Duke of Norfolk? She hath known Mr. Germaine three Years next Midsummer, having lived 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 (examined before for the Dutchess) being called in, the Witness saith, this is the Woman that was called 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 go [...]d 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, [...] was always a careful industrious Woman; he hath known [...] married all that time, and she never was a Servant in the time.
Henry Dagley Senior saith, that he hath known Jane Wadsworth 16 or 17 years, she was always 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 Wad [...] worth.
GRace Cooke saith, that she knows Jane Wadsworth, she hath lived near her Four Years; she came into the Witnesse House with a Paper in her Hand, and asked her, who let it, saying, she knew no hing 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 not her; and she wished, that she might burn in the Fire, and never go hom [...] to her Children, if she would take her Oath of it. The Pape [...] was to warn her to this House; it was the first Night the Papers came out, that she said this, Hosea Grimsly, John Hal [...] and Margaret Coudy were present when she said this; she saith, she lives next Door but one to Jane Wadsworth.
John Hall saith, that he hath known Jane Wadsworth above a year; about a Fort-night since she came into Mrs. Gook's, with an Order in her hand, but knew not who left it; and said, she could say nothing to it, Mrs. 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 chanced to go into Captain Germaine's House for a Pint Pot, and she chanced 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 Germaine's Stairs; whereupon Hosea Grimsly asking her, if sh [...] were sure is was not she, she said, she was sure it was not she wishing that she might burn, and never go home to he Children, if she would swear it, for she could not swear it Hosea Grimsly, Grace Cook, and two other Women, were present in Grace Cook's House, when this discourse happened, which was the very Night the Order came out: He saith, he wrough [...] in Mr. Germaine's House, he saw twice or thrice Ladies ther [...] in Masks; one of the Ladies in the Mask, gave Order to tak [...] down a Partition; she was reported to be Captain Germaine Sister.
Margaret Coudy saith, she knows Jane Wadsworth, who cam [...] into Mrs. Cook's the first time she was subpoena'd, and asked who left the Paper in her Hand for her; she said, she we [...] to Mr. Germaine's for a Pot, and she thought she saw the Dutchess of Norfolk there; but she saw her since her coming fro [...] France, and was satisfied it was not her, and wished she mig [...] never see her Children, and burn, if ever she saw her there.
Alexander Herman saith, that he knows Jane [Wads [...] well, he never had any Discourse with her concerning [...] Dutchess of Norfolks being in Mr. Germaine's House; he sa [...] he hath drank often at Wadsworth's House, but he never ha [...] ny Discourse with her concerning the Dutchess of Norfolk, [...] [Page 13] [...] [Page 14] [...] [Page 15] [...] [Page 16] [...] [Page 17] [...] this Woman in his Masters House in all his life: He [...] his Master at Table, and in his Chamber, all the [...] of his Service, which was a Year and half; he never saw [...] [...]dy in a Mask in his Masters 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 discoursed 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 masked, but really believed it.
John Hoskins saith, that John Hall was employed by Mr. Germaine, and a Lady that was masked; the Lady was the first that ever shewed him his work, what he was to do: And the first work he did was to take do [...] [...] talking amongst our selves, that it was the Dutc [...] [...]; John Hall has said that that Lady was the Dutchess of [...], not that he could say so of his own Knowledge, but that [...]ath 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 asked 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 called Welsh Frank, and that she saw her give another Letter once to Mr. Nichola, Mr. Germaines Gentleman; there are also four Witnesses produced 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. Germaines, 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 Dutches: This was upon her receiving a Subpoena, to appear and give Evidence; Hosea Grimsley, John [...]all and Margaret Condy were present at this discourse.
John Hall swears, that she said that she saw the Dutchess [...]f Norfolk at Captain Germaines, but upon a further sight of [...], she finds she was mistaken.
Hosea Grimsly swears to the discourse, the very words of [...] Curse, and the Persons that were in Company; all agreeing with the Depositions of Grace Cook: Margaret Condy swears [...] the very same Particulars.
Alexander Herman deposes, that he never saw Wadswo [...] his Masters House, nor ever had any Discourse with her [...] [...] cerning the Dutchess; and he being a Person turned away [...] disgrace from his Master, would have made no scruple to pu [...] lish any Secret of that kind, at least to swear the truth wh [...] 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 Husbands Linnen, and was going away with it.
Frances Knight denies the Knowledge of Wadsworth, or any discourse with her; she never saw her at Mr. Germaines, 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 Halls Evidence is by them confirmed over and over: And what is it that these two Witnesses have to say at last? Henry Dagler 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 Knowledge, 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 Norsolk, in the Dukes House in St. James's Square (where they shut the door) as she would Answer it to the Face of Almighty God, if she did know whether his daughter was an Adultress: Her Answer was, that as she hoped to see God in Heaven, the Dutchess was as Vertuous 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 Wastcoat 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 Portsmouth; 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. [Page] Stourton answer'd would you have had me whipt at the Carts- [...]. The discourse we had was, that Mrs. Knifton told her [...]en I came from London on Friday Night, that she told me [...]e was glad I was come, for she expected her Throat to be [...] [...]very Night, since my Lord Duke▪ went to Portsmouth; I [...] her the Reason of her fear, she answered, Germaine had [...] with my Lady Dutchess, ever since my Lord Duke [...]nt to Portsmouth; that when he came home he would hear of it, and he would kick her for a Baud; 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 Bartholomewtide, in the first year of King James's Reign.
Mrs. Stourton called in, to confront this Edith Sawbride, and Examined.
MRs. Judith Stourton saith, that she saw Mrs. Sawbridge once in the Dukes 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 Mrs. [...]awbridge say, that Mrs. Knifton should say, that Germaine lay 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 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. Kniftons fear, or that she told her any thing of Mrs. Kniftons saying, that Germaine had lain 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 Dukes 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 called L'Hotel de Terrau 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. in 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 [...] paid to Mr. [...] [...] dy by the Dukes Order.
Mr. Robert Welborne saith, that about the middle [...] [...] ber last, the Duke of Norfolk sent for him by Mr. S [...]ot, [...] his Grace in his Room, by the Lords House, which acc [...] ingly he did; his Grace told him, there had been some me [...] ges and proposals, by Sir Robert Clayton, and Sir Robert H [...]war [...] ▪ 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 misinformed, for all the Equipage he saw, was a Coach, Coachman, 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 pretensions 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 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 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 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 di [...] not appear to him, that the Duke showed any Inclinations to live with the Dutchess, nor did he understand it so.
[...] Judith Stour [...] [...] Sawbridge, [...]beth Camell, Mr. [...]thew 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 [...]ears standing; Hudson, a Cast Footman, has sworn to the Shirt and Wastcoat, and that he immediately told my Lord of [...]t. Ann Burton swears likewise (with another false Oath beween her Teeth) that this Shirt and Wastecoat were sent by [...]he 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 how 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 Interrogated about the Shirt and Wastcoat before spoken of, she swore likewise, that she saw no Shirt or Wastcoat at that time.
Edith Sawbridge was now produc'd against the Credit of Mrs. Judith Stourton, and lays the stress of her Evidence upon what Mrs. Knifton 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 imagined, 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 requir'd; and it was while the Clamour was fresh too: So that there was no time lost when they entered upon the Scrutiny. It will be seen in that which follows, by what degrees the Heat of this Calumny cooled, 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 [...]odg'd together. So that thus far, in all outward Appearance, the Misunderstanding [...]e [...]ed in some measure to be com [...]
Mr. Scot speaks only to the matter of Monies, and Accoun [...] 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 paid 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 paid to her, in lieu of Almony.
But Mr. Robert Welborne 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 here 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.
It appears from hence, that upon the Examination of [...]rs. Stourton, and o [...]her necessary Enquiries into the ground of this Scandal, the violence of the first Impression was so far taken off, that according to the Evidence of Elizabeth Camel, m [...] 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, wi [...]hout any Speech or Thought of a Divorce, that ever the Dutchess heard of till Mid-November last, in a message by Mr. Wellborne from the Duke, and that was but upon a certain condition neither, however it was improved afterwards into a Bi [...]l, 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 Pro idence 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. Wellborne'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 Lords 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 sai [...] ▪ [Page 20] [...]s t [...]a [...] about his Catholick Heirs, [...]hich seem'd to turn the [...]se 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 Cobler's Wife, and a Jilting little Slut, that's as palpably detected of Falsity, as the other. Hudson, a poor Roguy, Tricking Footman, that was turned off for his ill Bahavior. 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, [...] these [...] of their own Cre [...] [...] [...]ny'd to have a fa [...] [...] very extraordinary, [...] their Deposition [...] [...] the Prosecutors [...] second the swear [...]ng [...]idence: Tho' it is sufficiently [...] they could have sound them if they would have ve [...] [...] Cause upon that stress. It is to be considered once m [...] [...] a difference there has been, betwixt the demeanour of the [...] side and the other, towards the Evidence. What Promi [...] [...] teries, and engaging Obligations on the one hand, and not [...] as one word or deed, directly or indirectly, that looked like [...] [...] ctice or Prepossession on the other part of the Dutches.
Let this be taken in the softest sense, for it is a great [...] tune, when officious Instruments that, are foreward to [...] Scandals, meet with easie and good natur'd Disposition [...] ▪ that are too open perhaps to receive them. This [...] in same measure, to remove the prejudice of those that [...] willfully Deaf and Blind; and for the rest, it is left to [...] and Providence to bring the Truth to light in its du [...] [...] and to vindicate the Cause of the Innocent and Oppressed.
ADVERTISEMENT.
THat famous Powder, called Arcanum Magnum, formerly prepared by the Learned Riverius, P [...] sician Regent to the French King, and approved by most Persons of Quality in Christendom, [...] preserving and beautifying the Face; it takes away all Heat Pimples, Sun-burnt, and M [...] phew. In short, it adds more Lustre and Beauty, than any Powder or Wash known, as many Person [...] [...] Quality can testifie, who daily use it with the greatest Approbation; it is prepared only by J. H. Do [...] in Physick, in Great Knight Riders-street, near Doctors Commons gate, a Blew Ball being over the Do [...] where it may be had for 2 s. 6 d. the Paper, with Directions for the Use.