<!DOCTYPE ETS PUBLIC "-//UMDLPS//DTD EEBOPROOF 2.0//EN">
<ETS>
<TEMPHEAD>
<REVDESCR>
<CHANGE>
<DATE>2010-10-28</DATE>
<RESPSTMT>
<NAME>Olivia Bottum</NAME>
<RESP>MURP</RESP>
</RESPSTMT>
<ITEM>Did text and markup review.</ITEM>
</CHANGE>
</REVDESCR>
</TEMPHEAD>
<EEBO>
<IDG S="marc" R="UM" ID="B10237">
<STC T="W">v478</STC>
<BIBNO T="oclc">[ocm]80925048</BIBNO>
<VID>192144</VID>
</IDG>
<TEXT LANG="eng">
<FRONT>
<DIV1 TYPE="title page">
<PB REF="1" MS="y">
<P>A VINDICATION Of her GRACE <HI>Mary Dutche&s;s of Norfolk.</HI> Being a true Account of the PROCEEDINGS BEFORE THE Hou&s;e of Lords, (From <HI>Jan.</HI> 7^t^h^. 1691. to <HI>Febr.</HI> 17^t^h^. following) Upon his GRACE The DUKE of <HI>Norfolk</HI>'s BILL, ENTITULED, <HI>An Act to Di&s;&s;olve the MARRIAGE,</HI> &amp;c. OCCASIONED, By &s;everal Libellous PAMPHLETS lately Publi&s;hed, and Di&s;per&s;ed, under the &s;ame Pretence and Title.</P>
<P><HI>Publi&s;hed by the Direction of her Grace the Dutche&s;s of</HI> Norfolk,</P>
<P><HI>The Second EDITION Corrected.</HI></P>
<P><HI>LONDON <GAP DESC="illegible" RESP="pdcc" EXTENT="1 span"></HI></P>
</DIV1>
<DIV1 TYPE="preface">
<PB REF="2">
<PB REF="2">
<HEAD>The PREFACE.</HEAD>
<P>THere have been lately printed, and made publick, Two &s;candalous Pamphlets; the one under the Title of [<HI>The Proceedings before the Hou&s;e of Lords, between the Duke and Dutche&s;s of</HI> Norfolk:] The other is called [<HI>The farther Depo|&s;itions and Proceedings in the Hou&s;e of Lords, in the Affair of the Duke and Dutche&s;s of</HI> Norfolk; <HI>with the Bill of Divorce.</HI>] Now the&s;e Two Papers are &s;o far from a faithful Narrative of the &s;aid Proceedings, that what with confounding the Order of the Tran&s;action, and di&s;gui&s;ing the Truth of Things, by indu&s;trious Omi&s;&s;ious, gro&s;s Imperfections, and wilful Mi&s;takes. This pretended Account has made it ab&s;olutely nece&s;&s;ary, even for the &s;ake of common Ju&s;tice, to &s;et the World right in the Story: To which end the entire Series of this Affair is here &s;et forth, from Point to Point, ju&s;t as it pa&s;&s;ed before their Lord&s;hips, and &s;tands upon their Journal; with &s;uch Notes upon the Evidence on both &s;ides as the Nature of the Ca&s;e requires, and as the rea&s;on of it will fairly bear.</P>
<P>The Reader will ob&s;erve here, upon this Relation, that the two Principal Witne&s;&s;es produced a|gain&s;t the Dutche&s;s of <HI>Norfolk,</HI> are <HI>Row. Owen</HI> and <HI>Marg. Elwood,</HI> for they Swear po&s;itively to the &s;tre&s;s of the Que&s;tion, whereas all the re&s;t is but Circum&s;tantial and made u&s;e of only for Aggravation, Prejudice, and Clamour: So that upon invalidating their Te&s;timony, the main Cau&s;e falls effectually to the Ground, &s;aving only the unavoidable Misfortune of many an Innocent Per&s;on that &s;uffers under the Impo&s;&s;ibility of proving a Negative; there being no Pence again&s;t uncharitable Pre&s;umptions. Now taking this for granted, (as it is not to be demed) the Reader is only de&s;ired to lay &s;eriou&s;ly to Hear the Improbability of the Fact that is &s;worn again&s;t the Dutche&s;s, in &s;ome Ca&s;es, and the utter Impo&s;<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">|bility of it to be true in others: The Tampering and Practice that has been u&s;ed, the Incon&s;i&s;tency of the Witne&s;&s;es with them&s;elves, their Character, and Credit, <HI>&amp;c.</HI> (one of them, <HI>Ann Burton,</HI> being trapt in a fal&s;e Oath, out of her own Mouth, upon the very place of Examination.)</P>
<P>The Reader will al&s;o take notice, that of <HI>26 Witne&s;&s;es</HI> produced in Favour of the Duke, one half of them are <HI>Principals,</HI> and the other only <HI>Seconds. Peter Scriber, Andrew Ander&s;on, Robert Hemming, John Reynolds,</HI> and <HI>Margaret Fo&s;ter,</HI> are Five of the former Number; but &s;peaking little or nothing to the Merits of the Que&s;tion, it was not thought worth the while to offer Exceptions to their Te&s;timony; though to the other Eight, that is to &s;ay, <HI>Owen, Elwood, Hud&s;on, Burton, Varel&s;t, Tho. Fo&s;ter, Lloyd</HI> and <HI>Wad&s;worth,</HI> there were &s;everal Witne&s;&s;es on the behalf of the Dut|che&s;s to invalidate their Credit, <HI>(viz.)</HI> Two to the Fir&s;t, 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 la&s;t. It is very remarkable al&s;o, after all the&s;e Exceptions to every one of the Duke's principal Witne&s;&s;es, that the Te|&s;timony of the Dutche&s;&s;es Witne&s;&s;es pa&s;&s;ed current without any contradiction, &s;aving only that <HI>Henry Dagley</HI> and <HI>John Hoskins</HI> were examined again&s;t the Credit of <HI>John Hall,</HI> in the Ca&s;e of <HI>Jane Wad&s;worth</HI> (leaving four Witne&s;&s;es more in the &s;ame Ca&s;e untouch'd;) and <HI>Edith Sawbridge,</HI> again&s;t the Te&s;timony of Mrs. <HI>Judith Stourton,</HI> which Depo&s;itions the Reader will find to be of little or no moment, as to the matter in hand. This puts it pa&s;t Di&s;pute, that they had nothing more to &s;ay again&s;t the Witne&s;&s;es for the Dutche&s;s, but &s;topt at the&s;e Three for want of farther Pretence. The Re&s;ult in &s;hort is this, That all the material Witne&s;&s;es to the Charge are Impeached, and the Evidence on the other &s;ide &s;tands &V;ntainted. To &s;ay nothing of the unan&s;werable Rea&s;ons that prevailed with
<PB REF="3">the Lords finally to Reject the Bill, e&s;pecially con&s;idering the Solemnity of the Proceedings: For <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> Cau&s;e was kept up on from the 7th. of <HI>January</HI> to the 17th. of <HI>February</HI> following. All the Lords <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> and about the Town being &s;ummon'd, by an Order of the Hou&s;e bearing date <HI>Die Veneris Feb. 1<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">. 1691.</HI> to attend at Twelve of the Clock on the <HI>Tue&s;day</HI> following. And the Officers that &s;ummone<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"> them to give an Account of what Lords they &s;ummoned; pur&s;uant to which Order their Lord&s;hips met according to the Appointment: and after &s;ome previous Debates, Adjourned till the next Day, when the Depo&s;itions on both &s;ides were read at the Table by the Clerk, as will be &s;een more at large upon the following Journal. And after a long and &s;olemn Debate, The Que&s;tion being put, <HI>Whe|ther the Bill, intituled, An Act to Di&s;&s;olve the Marriage of</HI> Henry <HI>Duke of</HI> Norfolk, <HI>Ear Mar&s;hal of</HI> England, <HI>with the Lady</HI> Mary Mordant, <HI>and to enable the &s;aid Duke to Marry again, &s;hall be read a &s;econd time.</HI> It was re&s;olved in the Negative.</P>
</DIV1>
<DIV1 TYPE="to the reader">
<HEAD>ADVERTISEMENT.</HEAD>
<P>THis Account of the Proceedings before the Hou&s;e of Lords by the Duke of <HI>Norfolk</HI> again&s;t the Dutche&s;s, with her Defence, was de&s;ign'd to have been Publi&s;hed &s;oon after the Deter|mination of the Cau&s;e in <HI>February, 1691.</HI> But that there might be no Offence given to the Duke, It was thought advi&s;able to &s;u&s;pend it.</P>
<P>But &s;ince that, albeit the Dutche&s;s did take &s;uch care not to give the Duke any manner o<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> Offence; yet he thought fit to bring his Action again&s;t Mr. <HI>Jermaine</HI> (in hopes of a new Founda|tion to pro&s;ecute the Dutche&s;s) and did obtain a Verdict in the Court of King's Bench in <HI>November</HI> la&s;t, and a <HI>100</HI> Marks Damages: In which Action the Dutche&s;s was no Party, nor could any De|fence be made for her there.</P>
<P>Now in this Cau&s;e, the Witne&s;&s;es produced by the Duke were the &s;ame that were examined before the Lords when the Bill was fir&s;t Rejected, and the Dutche&s;s Acquitted, and particularly <HI>Owen, Elwood, Burton,</HI> and <HI>Hud&s;on,</HI> who &s;pake to Matters in <HI>1685.</HI> But the mo&s;t Material of the Dutche&s;&s;es Witne&s;&s;es, who could have confronted them, were not produced at the Tryal; becau&s;e tho&s;e Witne&s;&s;es of the Duke did &s;peak of things not in I&s;&s;ue, and therefore tho&s;e of the Dutche&s;&s;es <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ere thought unnece&s;&s;ary in that Cau&s;e, &s;peaking to things out of that time to which the Duke <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ad confin'd him&s;elf by his own Declaration: And though there were two or three new Witne&s;&s;e<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">roduc'd by the Duke at the Tryal, yet nothing of Fact pretended to be was proved. And though it was impo&s;&s;ible to &s;peak any thing to the Di&s;credit of tho&s;e Witne&s;&s;es then, yet by Enquiry &s;ince&punc; they are found to be of no better Reputation than the fir&s;t, (as in due time may appear.) And particularly as to <HI>Bowtell</HI> (to &s;ay no more at pre&s;ent) he &s;tands upon the Journal of the Hou&s;<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> of Commons to have given an untrue Information again&s;t Captain <HI>Motley,</HI> and upon it was Or dered to be taken into Cu&s;tody, who afterwards petition'd to be di&s;charg'd, and being brought t<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> the Bar, and owni<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">g his Fault, had a Reprimand by the Speaker, and at length di&s;charged paying his Fees.</P>
<P>Now upon the Reputation of this Verdict, though the Dutche&s;s was no Party, nor her Witne&s;&s;es ex|amined as afore&s;aid, yet the Duke was plea&s;ed to offer a new Bill to the Lords the 22th of <HI>Decemb<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"></HI> la&s;t, for <HI>Di&s;&s;olving the Marriage,</HI> &amp;c. But the Dehate for Receiving or not Receiving it u<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> Adjourn'd to the 29th following, and from thence to the 31th, and from thence to the &s;econd <HI>January,</HI> when after a long and &s;erious Debate, The Bill was again Rejected: So that now it <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> not be thought Impertinent for this true Account to appear to the World.</P>
</DIV1>
</FRONT>
<BODY>
<DIV1 TYPE="vindication">
<PB N="1" REF="3">
<HEAD>A Vindication of her Grace MARY Dutche&s;s of <HI>NORFOLK,</HI> &amp;c.</HEAD>
<DIV2 TYPE="proceedings">
<P>THE 7th. of <HI>January</HI> the &s;aid Bill was lodg'd in the Hou&s;e of Lords.</P>
<P>The 8th. of <HI>January</HI> the Dutche&s;s of <HI>Norfolk,</HI> having received Intimation, that the Duke of <HI>Norfolk</HI> was this Day offering a Bill to the Hou&s;e of Lords, for Di&s;&s;olving the Marriage between them, and that the &s;ame was under De<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">at<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> bef<GAP DESC="illegible" RESP="pdcc" EXTENT="3 letters"> their Lord&s;hips; She was advi&s;ed to pre&s;ent the following Petition.</P>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="petition">
<HEAD>To the Right Honourable the Lords Spiritual and Temporal in Parliament a&s;&s;embled,</HEAD>
<HEAD TYPE="sub">The Humble Petition of <HI>Mary</HI> Dutche&s;s of <HI>Norfolk.</HI></HEAD>
<OPENER>Sheweth,</OPENER>
<P>THat your Petitioner being informed, that the Duke of <HI>Norfolk</HI> is at this time offering a Bill to your Lord|&s;hips, for Di&s;&s;olving the Marriage between him and your Pe|titioner,</P>
<CLOSER><SIGNED>Your Petitioner Humbly prays &s;he may be heard by Your Lord&s;hips, before &s;uch Bill be received. And Your Petitioner will ever pray, <HI>&amp;c. M. Norfolk.</HI></SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<P>Upon which Petition their Lord&s;hips were plea&s;ed to make the following Order, <HI>(viz.)</HI></P>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="order">
<HEAD>Die Vineris <HI>8</HI> Januarii, <HI>1691.</HI></HEAD>
<P>A Bill having been offered to this Hou&s;e, on the behalf of the Duke of <HI>Norfolk,</HI> to di&s;&s;olve the Marriage be|tween the &s;aid Duke and his Dutche&s;s; It was ordered by the Lords Spiritual and Temporal in Parliament a&s;&s;embled, that Her Grace &s;hall have notice thereof, and may be heard, by her Coun&s;el, at the Bar of this Hou&s;e, on <HI>Tue&s;day</HI> next at 12 of the Clock; what &s;he hath to object again&s;t the re|ceiving the &s;aid Bill; at which time the &s;aid Duke may al&s;o be heard by his Coun&s;el, for the &s;aid Bill, if he &s;hall think fit.</P>
<CLOSER><SIGNED><HI>Matth. John&s;on,</HI> Cler' Parlimentor'.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
</DIV2>
<DIV2 TYPE="proceedings">
<HEAD>Die Martis <HI>12</HI> Januarii, <HI>1691.</HI></HEAD>
<P>AFter hearing Coun&s;el this day, at the Bar, what they could object for her Grace the Dutche&s;s of <HI>Norfolk,</HI> again&s;t the receiving of a Bill offered by his Grace the Duke of <HI>Norfolk,</HI> to di&s;&s;olve the Marriage between him and his Dutche&s;s: As al&s;o the Coun&s;el of his Grace the Duke of <HI>Norfolk</HI> for receiving the &s;aid Bill. And after Con&s;ideration of what was offered by Coun&s;el, on either &s;ide, and a long Debate thereupon:</P>
<P>This Que&s;tion was put.</P>
<P><HI>Whether the Duke of</HI> Norfolk's <HI>Bill &s;hould be received?</HI> It was Re&s;olved in the Affirmative.</P>
<P>Which Bill is as followeth.</P>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="bill">
<HEAD>An Act to Di&s;&s;olve the Marriage of <HI>Henry</HI> Duke of <HI>Norfolk,</HI> Earl Mar&s;hal of <HI>England,</HI> with the Lady <HI>Mary Mordant,</HI> and to enable the &s;aid Duke to Marry again.</HEAD>
<P>FOra&s;much as <HI>Henry</HI> Duke of <HI>Norfolk,</HI> and Earl Mar&s;hal of <HI>England,</HI> having been Married to the Lady <HI>Mary Mordant,</HI> hath made full proof that his &s;aid Wife is guilty of, and hath committed Adultery on her part: And for|a&s;much as the &s;aid <HI>Henry</HI> Duke of <HI>Norfolk</HI> hath no I&s;&s;ue, nor can have any probable expectation of Po&s;terity to &s;ucceed him in his Honours, Dignities and E&s;tate, unle&s;s the &s;aid Marriage be declared void, by Authority of Parliament, and the &s;aid Duke be enabled to Marry any other Woman. The King and Queens Mo&s;t Excellent Maje&s;ties, upon the Hum|ble Petition of the &s;aid <HI>Henry</HI> Duke of <HI>Norfolk,</HI> having ta|ken the Premi&s;es into their Royal Con&s;ideration, for divers weighty Rea&s;ons, are plea&s;ed that it be Enacted; And be it Enacted, by the King and Queens Mo&s;t Excellent Maje&s;ties, and by and with the Advice and Con&s;ent of the Lords Spi|ritual and Temporal, and Commons, in this pre&s;ent Parlia|ment a&s;&s;embled, and by the Authority of the &s;ame, That the &s;aid Marriage between the &s;aid <HI>Henry</HI> Duke of <HI>Norfolk,</HI> and the &s;aid Lady <HI>Mary</HI> his Wife, &s;hall from henceforth be
<PB N="2" REF="4">null and void; and is by Authority of this pre&s;ent Parlia|ment Declared, Adjudged, and Enacted to be null, and void, to all Intents, Con&s;tructions, and Purpo&s;es, what&s;oe|ver. And that it &s;hall and may be lawful to, and for the &s;aid <HI>Henry</HI> Duke of <HI>Norfolk,</HI> at any time, or times, hereaf|ter, to Contract Matrimony, and to Marry (as well in the Life-time of the &s;aid Lady <HI>Mary,</HI> as if &s;he were naturally dead) with any other Woman, or Women, with whom he might lawfully Marry, in ca&s;e the &s;aid Lady <HI>Mary</HI> was not living: And that &s;uch Matrimony, when had and celebrated, &s;hall be a good, ju&s;t, and lawful Marriage, and &s;o &s;hall be adjudged, deemed and taken, to all Intents, Con&s;tructions, and Purpo&s;es. And that all and every Children, and Child; born in &s;uch Matrimony, &s;hall be deemed, adjudged and taken, to be born in lawful Wedlock, and to be Legitimate and Inheritable, and &s;hall Inherit the &s;aid Dukedom of <HI>Nor|folk,</HI> Office of Earl Mar&s;hal of <HI>England,</HI> and all other Earl|doms, Dignities, Baronies, Honours, and Titles of Honour, Lands, Tenements, and other Hereditaments, from, and by, their Fathers, Mothers, and other Ance&s;tors, in like manner and form, as any other Child, or Children, born in lawful Matrimony, &s;hall or may inherit, or be inheritable, accor|ding to the Cour&s;e of Inheritances u&s;ed 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 Cu&s;toms of this Kingdom. And be it far|ther Enacted, That the &s;aid <HI>Henry</HI> Duke of <HI>Norfolk</HI> &s;hall he Intituled to be Tenant, by Courte&s;ie, of the Lands and Inheritance of &s;uch Wife, whom he &s;hall hereafter marry: And &s;uch Wife as he &s;hall &s;o marry, &s;hall be Intitled to a Dower of the Lands and Tenements of the &s;aid <HI>Henry</HI> Duke of <HI>Norfolk,</HI> and of &s;uch E&s;tate whereof &s;he &s;hall be Dowable, as any other Husband, or Wife, may, or might claim, have, or enjoy: And the Child, or Children, born in &s;uch Mar|riage &s;hall, and may, derive and make Title, by De&s;cent or otherwi&s;e, to, and from any their Ance&s;tors, as any other Child, or Children may do, any Law, Statute, Re&s;traint, Prohibition, Ordinance, Canon, Con&s;titution, Pre&s;cription or Cu&s;tom, had, made, exerci&s;ed, or u&s;ed to the contrary of the Premi&s;&s;es, or any of them, in any wi&s;e notwith|&s;tanding. And be it further Enacted, by the Authority afore&s;aid, That the &s;aid Lady <HI>Mary</HI> &s;hall 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 Here|ditaments of the &s;aid Duke. And that all Conveyances, Join|tures, Settlements, Limitations and Creations of U&s;es and Tru&s;ts, of, into, or out of, any Honours, Mannors, Lands or Hereditaments, at any time heretofore made by the &s;aid Duke, or any of his &s;aid Ance&s;tors, or Tru&s;tees, unto, or upon, or for the u&s;e or benefit of the &s;aid Lady <HI>Mary,</HI> or any the I&s;&s;ue of her Body, or for rai&s;ing, di&s;charging, or counter|&s;ecuring any the Mannors, Lands or Hereditaments of the &s;aid Lady <HI>Mary,</HI> or any of her Ance&s;tors, &s;hall be from hence|forth utterly void, and of none effect: And all and every the &s;aid Honours, Mannors, Lands or Hereditaments of the &s;aid Duke, or any of his Ance&s;tors, or Tru&s;tees, &s;hall from henceforth remain, and be to, and for, the u&s;e and benefit of the &s;aid Duke, and &s;uch other Per&s;on, or Per&s;ons, and for &s;uch E&s;tates and Intere&s;ts, and in &s;uch manner and form, as if the &s;aid Lady <HI>Mary</HI> was now naturally dead, without any I&s;&s;ue of her Body. And al&s;o, That all Limitations and Creations, of any U&s;e, E&s;tate, Power or Tru&s;t, made by any of the Ance&s;tors of the &s;aid Lady <HI>Mary,</HI> unto, or for the u&s;e or benefit of the &s;aid Duke, his Heirs or A&s;&s;igns, out of any the Mannors, Lands or Hereditaments, of any of the Ance|&s;tors of the &s;aid Lady <HI>Mary,</HI> &s;hall be from henceforth void and of none effect.</P>
</DIV1>
</BODY>
</TEXT></Q>
</DIV2>
<DIV2 TYPE="proceedings">
<HEAD>13 <HI>Januarii,</HI> 1691.</HEAD>
<P>THE Duke of <HI>Norfolk</HI>'s Bill afore&s;aid, having been ye|&s;terday received and read. The Dutche&s;s of <HI>Norfolk</HI> pre&s;ented the following Petition to Their Lord&s;hips this Day.</P>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="petition">
<HEAD>To the Right Honourable the Lords Spiritual and Tem|poral in Parliament a&s;&s;embled,</HEAD>
<HEAD TYPE="sub">The Humble Petition of <HI>Mary</HI> Dutche&s;s of <HI>Norfolk,</HI></HEAD>
<OPENER>Sheweth,</OPENER>
<P>THat your Petitioner being Married to the Duke of <HI>Nor|folk</HI> fourteen Years and upwards, never had, or receiv|ed, from her Husband, any Intimation of a Mi&s;demeanor, on her part, again&s;t him; which, joined to her Innocency of the Crime mentioned in the Bill, makes this Proceeding before your Lord&s;hips very &s;urprizing to her: Her Per&s;on, E&s;tate, and Honour, which is more dear to her than her Life, being now brought in que&s;tion.</P>
<P>Your Petitioner humbly prays &s;he may have a Copy of the particular Charge again&s;t her, with the Names of the Witne&s;&s;es, and rea&s;onable time al|lowed her to an&s;wer the &s;ame, before any farther Proceedings upon the Bill.</P>
<CLOSER><SIGNED>Mary Norfolk.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<P>Upon which Petition the following Order was made.</P>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="petition">
<HEAD>Die Mercurii <HI>13</HI> Januarii, <HI>1691.</HI></HEAD>
<P>UPon reading the Petition of <HI>Mary</HI> Dutche&s;s of <HI>Norfolk,</HI> It is Ordered by the Lords Spiritual and Temporal in Parliament a&s;&s;embled, That Sir <HI>Richard Reynes,</HI> Sir <HI>Charles Hedges,</HI> and Dr. <HI>Oxenden,</HI> do attend this Hou&s;e to Morrow at ten of the Clock in the Forenoon.</P>
<CLOSER><SIGNED><HI>Matth. John&s;on,</HI> Cler' Parliamentor'.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
</DIV2>
<DIV2 TYPE="proceedings">
<HEAD>14 <HI>Januarii,</HI> 1691. After having heard the Civil Law|yers, the following Order was made.</HEAD>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="order">
<HEAD>Die Jovis <HI>14</HI> Januarii, <HI>1691.</HI></HEAD>
<P>AFter hearing this day the Civil Lawyers, pur&s;uant to the Order Ye&s;terday, upon reading the Dutche&s;s of <HI>Norfolk</HI>'s Petition, It is Ordered by the Lords Spiritual and Temporal in Parliament a&s;&s;embled, That his Grace the Duke of <HI>Norfolk</HI> &s;hall being in the Charge again&s;t his
<PB N="3" REF="4">Dutche&s;s, and particularly to the Per&s;on, Time and Place, by <HI>Saturday</HI> next, at twelve of the Clock.</P>
<CLOSER><SIGNED><HI>Matth. John&s;on,</HI> Cler' Parliamentor'.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
</DIV2>
<DIV2 TYPE="proceedings">
<HEAD>16 <HI>Januarii,</HI> 1691.</HEAD>
<P>This Day the Duke of <HI>Norfolk</HI> brought in the following Charge again&s;t his Dutche&s;s.</P>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="charge">
<HEAD>The Charge which <HI>Henry</HI> Duke of <HI>Norfolk,</HI> Earl Mar|&s;hal of <HI>England,</HI> doth exhibit again&s;t his Wife <HI>Mary</HI> Dutche&s;s of <HI>Norfolk,</HI> before the Lords Spiritual and Temporal in Parliament a&s;&s;embled, pur&s;uant to their Lord&s;hips Order of the 14th. of <HI>January, 1691.</HI> is for the Crime of Adultery.</HEAD>
<P>THE Per&s;on charg'd to commit the &s;aid Crime with the &s;aid Dutche&s;s is <HI>John Jermaine,</HI> of the Pari&s;h of <HI>S. Mar|garet's,</HI> in the Liberty of <HI>We&s;tmin&s;ter.</HI></P>
<P>The Times when the &s;aid Crime was committed, were be|tween the Months of <HI>June</HI> and <HI>December,</HI> 1685. and &s;everal times &s;ince.</P>
<P>The Places where the &s;aid Crime was committed, are at <HI>Whitehall, Wind&s;or,</HI> and within the Pari&s;hes of S. <HI>Margaret</HI>'s <HI>We&s;tmin&s;ter,</HI> S. <HI>Martin</HI>'s in the Fields, S. <HI>James</HI>'s, S. <HI>Ann</HI>'s within the Liberty of <HI>We&s;tmin&s;ter:</HI> And in the Pari&s;h of <HI>Lam|beth,</HI> in the County of <HI>Surrey.</HI></P>
<CLOSER><SIGNED><HI>Norfolk,</HI> and Mar&s;hal.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<P>Upon which the following Order was made.</P>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="order">
<HEAD>Die Sabbati, <HI>16</HI> Januarii, <HI>1691.</HI></HEAD>
<P>UPon reading this Day the Charge which <HI>Henry</HI> Duke of <HI>Norfolk,</HI> Earl Mar&s;hal of <HI>England,</HI> hath exhibited again&s;t his Wife, <HI>Mary</HI> Dutche&s;s of <HI>Norfolk,</HI> for the Crime of Adultery. It is Ordered, by the Lords Spiritual and Tempo|ral in Parliament a&s;&s;embled, That her Grace the Dutche&s;s of <HI>Norfolk</HI> do attend this Hou&s;e on <HI>Monday</HI> next, or &s;ome Per&s;on on her behalf, then to receive a Copy of the Charge again&s;t her.</P>
<CLOSER><SIGNED><HI>Matth. John&s;on,</HI> Cler' Parliamentor'.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
</DIV2>
<DIV2 TYPE="proceedings">
<HEAD>19 <HI>Januarii,</HI> 1691.</HEAD>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="answer">
<HEAD>The An&s;wer of <HI>Mary</HI> Dutche&s;s of <HI>Norfolk,</HI> to the Charge exhibited again&s;t her by the Duke of <HI>Norfolk,</HI> before the Lords Spiritual and Temporal in Parliament a&s;&s;em|bled.</HEAD>
<P>THis Re&s;pondent is advi&s;ed, that the Charge exhibited by the Duke of <HI>Norfolk,</HI> into this Honourable Hou&s;e again&s;t her, as to Time and Place, is too general, and is not pur|&s;uant, nor doth an&s;wer the end of your Lord&s;hips Order of the 14th. in&s;tant, made upon the humble Petition of this Re&s;pondent. Wherefore &s;he doth humbly hope, and pray, your Lord&s;hips will not oblige her to make any further An&s;wer, till the Duke &s;hall bring in a particular, and certain Charge, as to Time, and Place, again&s;t her.</P>
<P>And this Re&s;pondent doth the rather humbly in&s;i&s;t, That your Lord&s;hips would plea&s;e to require the Duke to be par|ticular, and certain, in the&s;e material Circum&s;tances of his Charge again&s;t her; for that it appears, by his own &s;hew|ing therein, that the &s;uppo&s;ed Crimes objected to her, and alledged to be committed, were above &s;ix Years before the Bill was offered to this Honourable Hou&s;e: during mo&s;t of which time, at the advice, and by the approbation of the Duke, was, and continued beyond the Seas, to ea&s;e him in his Charge, and Part; He frequently declaring, that when he &s;hould be more ea&s;ie in his Fortune, they &s;hould live together.</P>
<CLOSER><SIGNED>M. Norfolk.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<P>Upon which An&s;wer the following Order was made. And the Duke's Second Charge delivered in the &s;ame Day.</P>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="order">
<HEAD>Die Martis, <HI>19</HI> Januarii, <HI>1691.</HI></HEAD>
<P>IT is Ordered by the Lords Spiritual and Temporal in Par|liament a&s;&s;embled, That her Grace the Dutche&s;s of <HI>Nor|folk</HI> &s;hall have a Copy of the Duke's Charge delivered this day again&s;t her: And that &s;he, or Sir <HI>Thomas Pinfold,</HI> do at|tend this Hou&s;e, to Morrow at 11 of the Clock in the Fore|noon, to an&s;wer to the &s;aid Charge.</P>
<CLOSER><SIGNED><HI>Matth. John&s;on,</HI> Cler' Parliamentor'.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<P>Which Copy is as followeth.</P>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="charge">
<HEAD>The Charge which <HI>Henry</HI> Duke of <HI>Norfolk,</HI> Earl Mar&s;hal of <HI>England,</HI> doth exhibit again&s;t his Wife <HI>Mary</HI> Dutche&s;s of <HI>Norfolk,</HI> before the Lords Spiri|tual and Temporal in Parliament a&s;&s;embled, pur&s;uant to Their Lord&s;hips Order of the 14th of <HI>January, 1691,</HI> is for the Crime of Adultery.</HEAD>
<P>THE Per&s;on charged to commit the &s;aid Crime with the &s;aid Dutche&s;s, is one <HI>John Jermaine,</HI> of the Pari&s;h of St. <HI>Margaret</HI>'s <HI>We&s;tmin&s;ter.</HI></P>
<P>The Times, and Places, when the &s;aid Crime was com|mitted, were at <HI>Whitehall,</HI> in the Months of <HI>June, July, Augu&s;t,</HI> &s;ome, or one of them, in the Year 1685. At <HI>Wind&s;er</HI> in the Months of <HI>July, Augu&s;t,</HI> or <HI>September,</HI> &s;ome, or one of them, in the &s;aid Year 1685. In the Pari&s;h of St. <HI>Margaret</HI>'s <HI>We&s;tmin&s;ter, March, April, May, June,</HI> &s;ome, or one of them, in the Year of our Lord 1690. And in the &s;aid Pari&s;h of St. <HI>Margaret</HI>'s <HI>We&s;tmin&s;ter,</HI> in the Months of <HI>July</HI> or <HI>Augu&s;t</HI> 1690. In the Pari&s;h of <HI>Lambeth,</HI> in the County of <HI>Surrey,</HI> in the Months of <HI>May, June, July, Augu&s;t;</HI> &s;ome, or one of them, in the Year 1691.</P>
<CLOSER><SIGNED><HI>Norfolk,</HI> and Mar&s;hal.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<P>Upon which, the next Day <HI>(viz.)</HI> the 20th of <HI>January,</HI> 1691, the Dutche&s;s of <HI>Norfolk</HI> pre&s;ented the following Pe|tition.</P>
<Q><PB N="4" REF="5">
<TEXT LANG="eng">
<BODY>
<DIV1 TYPE="petition">
<HEAD>To the Right Honourable the Lords Spiritual and Tem|poral in Parliament a&s;&s;embled,</HEAD>
<HEAD TYPE="sub">The Humble Petition of <HI>Mary</HI> Dutche&s;s of <HI>Norfolk.</HI></HEAD>
<OPENER>Sheweth,</OPENER>
<P>THat your Petitioner was &s;erved with an Order of this Honourable Hou&s;e, late la&s;t Night, to attend your Lord&s;hips this Day, by Eleven of the Clock, either in Per|&s;on, or by Sir <HI>Thomas Pinfold,</HI> to an&s;wer to a new Charge brought in again&s;t her, by her Husband the Duke of <HI>Nor|folk.</HI></P>
<P>Your Petitioner is advi&s;ed, That, for her ju&s;t Defence, it is nece&s;&s;ary to alledge in her An&s;wer &s;everal &s;pecial Matters relating both to the Duke and her &s;elf.</P>
<P>That in this &s;hort time appointed by Your Lord&s;hips, your Petitioner finds it impo&s;&s;ible to in&s;truct Coun&s;el, to prepare &s;uch an An&s;wer as &s;he is advi&s;ed is nece&s;&s;ary to put in.</P>
<P>Wherefore Your Petitioner Humbly prays Your Lord|&s;hips, &s;he may have convenient time to put in her An&s;wer to the &s;aid Charge.</P>
<P>And Your Petitioner will ever pray, <HI>&amp;c.</HI></P>
<CLOSER><SIGNED>M. Norfolk.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<P>Upon which the following Order was made.</P>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="order">
<HEAD>Die Mercurii <HI>20</HI> Januarii, <HI>1691.</HI></HEAD>
<P>UPon reading the Petition of <HI>Mary</HI> Dutche&s;s of <HI>Norfolk,</HI> praying that She may have convenient time for an&s;wer|ing to the Charge put in again&s;t her, by his Grace the Duke of <HI>Norfolk,</HI> Ye&s;terday. It is Ordered by the Lords Spiri|tual and Temporal in Parliament a&s;&s;embled, That her Grace the Dutche&s;s of <HI>Norfolk</HI> &s;hall peremptorily an&s;wer, by her Self, or Proctor, to the &s;aid Charge, to Morrow at Eleven of the Clock in the Forenoon.</P>
<CLOSER><SIGNED><HI>Matth. John&s;on,</HI> Cler' Parliamentor'.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<P>Accordingly, <HI>January</HI> the 21&s;t.</P>
<P>The Dutche&s;s of <HI>Norfolk</HI> delivered in the following An&s;wer.</P>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="answer">
<P>I <HI>Mary</HI> Dutche&s;s of <HI>Norfolk,</HI> under Prote&s;tation, That the pretended Charge of Adultery given again&s;t me, in the Honourable Hou&s;e of Peers, was, and is, general, in&s;uffi|cient, and &s;uch as, I humbly conceive, I am not bound by Law to give an&s;wer unto. Yet knowing my own Innocency, and that I am not guilty of the pretended Crime, this Prote|&s;tation being Sacred to me, I &s;hall, and do, under the Matters and Qualifications hereafter mentioned, an&s;wer, and &s;ay, hereby affirming, That having been marryed to his Grace the Duke of <HI>Norfolk,</HI> for near 15 Years, he never did (till this pretended Charge given again&s;t me) in the lea&s;t pretend, or intimate, unto me, that I had ever injured his Bed; but did always treat me with great Kindne&s;s and Re&s;pect. And about the Year 1685, at his reque&s;t, and de&s;ire, I did go with him from <HI>London</HI> to <HI>France,</HI> and there continued with him for &s;ome time; where his Grace, being under an Indi&s;po&s;ition and continuing &s;o for &s;ome time, He &s;hewed &s;uch Affection to me, and put &s;o great Tru&s;t and Confidence in me, that all &s;uch things that were admini&s;tred to him, in order to his Re|covery, 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 Occa&s;ions requi|red him to go for <HI>England,</HI> but he would return to me in <HI>France</HI> within &s;ome &s;hort time, and bring Me home to <HI>Eng|land;</HI> and at his parting with Me, he &s;hewed great Affection to Me, and in great Pa&s;&s;ion of Love, with Tears in his Eyes, &s;aid, He had Ten Thou&s;and Pardons to ask Me, de&s;iring my Patience, and that I &s;hould return into <HI>England</HI> to him in &s;ome &s;hort time. And after his Grace's return into <HI>England,</HI> he having notice from me, that my Lodgings was inconvenient, and de&s;iring his leave to change the &s;ame, He wrote me word very <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ffectionately, that God forbid he &s;hould con&s;train me to any Inconveniency, and left me to my Liberty therein. And before his parting with me, in <HI>France,</HI> as a Te&s;timony of his Love and Aff<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ction to me, He ordered 400 <ABBR><HI>l.</HI></ABBR> yearly to be paid unto me, out of his own E&s;tate, by Quarterly Pay|ments, over and above the &s;eparate Maintenance &s;ettled upon me, by my Father, upon my Marriage with him. And that after his Arrival in <HI>England,</HI> he made &s;everal Vi&s;its to my Mother, the Counte&s;s of <HI>Peterborow;</HI> and with great Ob&s;er|vance, and Re&s;pect, ask'd her Ble&s;&s;ing, and told her, he had left me well, and &s;afe, in <HI>France;</HI> and &s;aid, that his own Debts were pre&s;&s;ing upon him; but if her Daughter (mean my Self) would con&s;ent that the Mannor of <HI>Drayton,</HI> and other places, &s;hould be &s;ettled upon him, and his Heirs, he &s;hould thereby be made a happy Man. And I coming into <HI>England,</HI> his Grace having put off Hou&s;e-keeping, and dwelling in the Counte&s;s of <HI>Peterborow</HI>'s Lodgings, in St. <HI>James</HI>'s, for about 2 Years; and I &s;uing him for Alimony (the &s;aid 400 <ABBR><HI>l.</HI></ABBR> a Year not being paid unto me) He did not, during that Suit, object any Crime again&s;t me, which had been proper for him to have done, to avoid Alimony, if I had been guilty. And I, the &s;aid <HI>Mary</HI> Dutche&s;s of <HI>Norfolk,</HI> being at <HI>Drayton</HI> in <HI>Northampton|&s;hire,</HI> his Grace did write very affectionately to me. And that Di&s;turbances happening in tho&s;e parts, in <HI>Nov.</HI> 1688, I left <HI>Drayton;</HI> and, with the con&s;ent of the Duke, went beyond Seas, and there continued till &s;ent for by my Father and Mo|ther, and then returned; which was in or about <HI>Octob.</HI> 1691. with the Duke's con&s;ent. And then Applications being made to me by the Duke my Hu<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">band, to join with him in the Sale of <HI>Ca&s;tle-Ri&s;ing,</HI> and other E&s;tates: But I being advi&s;ed this mu&s;t be injurious to me, could not joyn therein, which I hum|bly apprehend to be the true Cau&s;e and Occa&s;ion of this pro|ceeding again&s;t my Honour, on the Duke my Husband's part.</P>
<P>And I the &s;aid <HI>Mary</HI> Dutche&s;s of <HI>Norfolk,</HI> adhering to my Prote&s;tation of my Innocency, and denying that I am guilty of the pretended Crime charged again&s;t me, and being un|willing to Impeach my Husband of any Crime what&s;oever; yet being advi&s;ed, That, by the Laws of the Land, a Husband &s;uing a Divorce for the Adultery of his Wife, he ought not to obtain any Sentence of Divorce, if he be proved Guilty of the &s;ame.</P>
<P><PB N="5" REF="5">
Wherefore this Re&s;pondent doth aver, and is ready to prove, that the Duke her Husband was, and is guilty of Adultery, and hath continued in the Cour&s;e of Adultery for the&s;e ten Years la&s;t pa&s;t, and doth &s;o continue.</P>
<P><HI>My Lords.</HI></P>
<P>IT is my Misfortune to be thus accu&s;ed; I had rather &s;tand charch'd for High-Trea&s;on before your Lord&s;hips, than with this ignominious Crime. In the Charge for High-Trea&s;on, the manner of Tryals, and the ways of Proceedings, are known; &s;o is the Puni&s;hment in this Ca&s;e again&s;t me.</P>
<P>Your Lord&s;hips are now creating new ways of Proceeding again&s;t me, and a new Law to puni&s;h me; and this for a Crime &s;uppos'd, and alledg'd to be committed &s;even Years pa&s;t, in another Reign, after publick Indemnities in the Se&s;&s;ions of Parliaments, many Sittings of Parliaments, and Di&s;&s;olutions of others, without mentioning this Crime again&s;t me. My Coun&s;els are to &s;eek how to advi&s;e my Defence in the Pro|ceeding, being altogether &s;trange, and without Pre&s;ident, or Example.</P>
<P>I find my Pro&s;ecution now to be very violent, and my Pro|ceeding to be very &s;wift upon me, having had but one Night to prepare my An&s;wer 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 again&s;t me. I hope (being thus accu&s;ed) I may, without Vanity and Vain-Glory, &s;ay, what is well known, That I am not only the Duke of <HI>Norfolk</HI>'s Wife, but al&s;o born and de&s;cended from Parents and Ance&s;tors of the Ancient Nobility; That your Lord&s;hip's Ance&s;tors, and my Ance&s;tors, who &s;at in this Hou&s;e, knew no &s;uch Proceed|ing: It is with regret that I bring this An&s;wer for my Self, and again&s;t my Husband; but it being my Defence, I hope you will excu&s;e me.</P>
<P>And if your Lord&s;hips &s;hall, in your great Wi&s;dom, pro|ceed farther in this matter, I hope, and do mo&s;t heartily pray, that I may hereafter have convenient time to make my Proofs, and full Defence; and then I doubt not of your Lord&s;hip's Ju&s;tice to me, as well as for my Husband, who Sits and Votes with your Lord&s;hips.</P>
<CLOSER><SIGNED>M. Norfolk.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<P>Upon the delivering the &s;aid An&s;wer, the next Day the fol|lowing Order was made.</P>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="order">
<HEAD>Die Veneris, <HI>22</HI> Januarii, <HI>1691.</HI></HEAD>
<P>IT is Ordered by the Lords Spiritual and Temporal in Par|liament a&s;&s;embled, That His Grace the Duke of <HI>Norfolk</HI> &s;hall produce his Witne&s;&s;es, to Morrow at Ten of the Clock in the Forenoon to be &s;worn. And that her Grace the Dutche&s;s of <HI>Norfolk</HI> do attend this Hou&s;e, by her &s;elf, or Proctor, at the &s;ame time; and may have Orders for Witne&s;&s;es if &s;he plea&s;es.</P>
<CLOSER><SIGNED><HI>Matth. John&s;on,</HI> Cler' Parliamentor'.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<P>Accordingly, 23 <HI>Januarii,</HI> 1691, the Duke's Witne&s;&s;es were produced; and who&s;e Names are as followeth.</P>
<LIST>
<ITEM><HI>Margaret Ellwood</HI></ITEM>
<ITEM><HI>Ann Burton</HI></ITEM>
<ITEM><HI>Rowland Owen</HI></ITEM>
<ITEM><HI>Thomas Hud&s;on</HI></ITEM>
<ITEM><HI>Simon Varel&s;t</HI></ITEM>
<ITEM><HI>Peter Scriber</HI></ITEM>
<ITEM><HI>John Reynolds</HI></ITEM>
<ITEM><HI>Thomas Lloyd</HI></ITEM>
<ITEM><HI>Andrew Ander&s;on</HI></ITEM>
<ITEM><HI>Thomas Fo&s;ter</HI></ITEM>
<ITEM><HI>Margaret Fo&s;ter</HI></ITEM>
<ITEM><HI>Jane Wad&s;worth</HI></ITEM>
<ITEM><HI>Mary Boyle</HI></ITEM>
<ITEM><HI>Rice Jones</HI></ITEM>
<ITEM><HI>Ann Jones</HI></ITEM>
<ITEM><HI>John Hoskins</HI></ITEM>
<ITEM><HI>John Hall</HI></ITEM>
<ITEM><HI>Mary Hall</HI></ITEM>
<ITEM><HI>William Barly</HI></ITEM>
<ITEM><HI>John Wood</HI></ITEM>
<ITEM><HI>Richard Owen</HI></ITEM>
<ITEM><HI>Henry Dagley</HI></ITEM>
<ITEM><HI>William Miles</HI></ITEM>
<ITEM><HI>John Colvin.</HI></ITEM>
</LIST>
<P>After the&s;e &s;everal Witne&s;&s;es were produc'd, on behalf <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> the Duke of <HI>Norfolk,</HI> and had given in their &s;everal Places <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> Aboad, <HI>&amp;c.</HI> The following Oath was admini&s;tred to them.</P>
<Q><P><HI>YO&V; &s;hall true An&s;wer make to all &s;uch Que&s;tions as &s;h<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"> be asked you by this Honourable Hou&s;e, in relation to t<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"> Charge of Adultery, brought in by the Duke of</HI> Norfolk, <HI>again&s;<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> the Dutche&s;s of</HI> Norfolk, <HI>with</HI> John Germaine; <HI>you &s;hall declar<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> your whole Knowledge of this Matter, and &s;hall &s;peak the Truth the whole Truth, and nothing but the Truth, as well upon the matter you &s;hall be examined on behalf of his Grace the Duke of</HI> Norfolk, <HI>as upon &s;uch Interrogatories as &s;hall be exhibited on behalf of the Dutche&s;s of</HI> Norfolk, <HI>without Favour or Affection to either Party.</HI></P>
<P>So help you God, and by the Contents of this Book.</P></Q>
<P>After the Oath admini&s;tred, as afore&s;aid, the following O|der was made.</P>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="order">
<HEAD>Die Sabbati, <HI>23</HI> Januarii, <HI>1691.</HI></HEAD>
<P>IT is Ordered by the Lords Spiritual and Temporal in Par<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">|ment a&s;&s;embled, That the Dutche&s;s of <HI>Norfolk</HI>'s Proctor &s;h<GAP DESC="illegible" RESP="pdcc" EXTENT="3 letters"> have a Copy of what was taken upon Swearing the Duke of <HI>Nor|folk</HI>'s Witne&s;&s;es at the Bar; and that the Duke's Witne&s;&s;es &s;h<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"> give in their Evidence at the Bar, on <HI>Tue&s;day</HI> next, at Ten of th<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"> Clock in the Forenoon: and that the Dutche&s;s of <HI>Norfolk,</HI> <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> her &s;elf, Proctor and Council, &s;hall attend, together with <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> Duke's Proctor and Council, at the &s;ame time.</P>
<CLOSER><SIGNED><HI>Matth. John&s;on,</HI> Cler' Parliament</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<P>After Examination of Witne&s;&s;es on behalf of the Duke, <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> following Order was made.</P>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="order">
<HEAD>Die Martis, <HI>26</HI> Januarii, <HI>1691.</HI></HEAD>
<P>AFter hearing this day, the Witne&s;&s;es on the behalf of <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> Grace the Duke of <HI>Norfolk;</HI> it is Ordered by the Lo<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"> Spiritual and Temporal in Parliament a&s;&s;embled, That <HI>Fri<GAP DESC="illegible" RESP="pdcc" EXTENT="3 letters"></HI> next, at Ten of the Clock in the Forenoon, &s;hall be, an<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"> hereby appointed, for her Grace the Dutche&s;s of <HI>Norfolk</HI> <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> make her Defence, by her Proctor, or Council; and that <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> Grace the Duke of <HI>Norfolk</HI>'s Council and Proctor be then <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> &s;ent, and the Witne&s;&s;es who this day delivered their Eviden <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> or Oaths, on his Grace's behalf: And that the Dutche&s;s ma<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> have an Order for &s;uch Witne&s;&s;es, as &s;he &s;hall think fit to ma<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> u&s;e of, on her Grace's behalf.</P>
<CLOSER><SIGNED><HI>Matth. John&s;on,</HI> Cler' Parliament</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<P><PB N="6" REF="6">
Upon which Order, the Dutche&s;s was advi&s;ed to pre&s;ent the <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ollowing Petition.</P>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="petition">
<HEAD>To the Right Honourable the Lords Spiritual and Temporal in Parliament a&s;&s;embled.</HEAD>
<HEAD TYPE="sub">The Humble Petition of <HI>Mary</HI> Dutche&s;s of <HI>Norfolk.</HI></HEAD>
<OPENER>Sheweth,</OPENER>
<P>THat &s;ince the Examination of Witne&s;&s;es before your Lord|&s;hips, again&s;t your Petitioner, upon <HI>Tue&s;day</HI> la&s;t, the ut|mo&s;t Endeavour and Diligence hath been u&s;ed, to prepare for <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">er Defence again&s;t the time appointed by your Lord&s;hips.</P>
<P>That your Petitioner is very much concerned, that, for the <GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">ce&s;&s;ary Defence of her &s;elf, &s;he &s;hould be forced to lie under <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">he Charge &s;worn again&s;t her, one moment beyond the time <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">iven her by your Lord&s;hips.</P>
<P>But, upon a Con&s;ultation with her Council and Sollicitor, <GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">&s;t Night, &s;he is advi&s;ed, that it is ab&s;olutely nece&s;&s;ary for her <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> Addre&s;s to your Lord&s;hips for Time, till <HI>Monday</HI> next, to <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ring in her Defence, &s;ome of her mo&s;t material Witne&s;&s;es be|<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">g remote from <HI>London;</HI> and though &s;he has &s;ent for them, and <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">&s;ed all means po&s;&s;ible to get them ready by the time appointed, <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> cannot be able to have them here before <HI>Monday</HI> next.</P>
<P>Wherefore Your Petitioner humbly prays your Lord|&s;hips (it being a Ca&s;e of the highe&s;t Concern, and utmo&s;t Importance, to your Petitioner) to give her Time, till <HI>Monday</HI> next, to bring in her Defence.</P>
<CLOSER><SIGNED>And your Petitioner &s;hall ever pray, <HI>&amp;c. M. Norfolk.</HI></SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<P>Upon which Petition, the following Order was made.</P>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="order">
<HEAD>Die Veneris, <HI>29</HI> Januarii, <HI>1691.</HI></HEAD>
<P>WHereas this Day was appointed for her Grace the Dutche&s;s of <HI>Forfolk</HI> to make her Defence; upon reading the Pe|tition of her Grace the Dutche&s;s of <HI>Norfolk,</HI> praying (it being a Ca&s;e of the highe&s;t Concern, and utmo&s;t Importance to her) to give her time, till <HI>Monday</HI> next, to bring in her Defence; after hearing her Council at the Bar, and upon Oath made, that &s;ome of the Dutche&s;s's material Witne&s;&s;es are out of Town, It is Ordered by the Lords Spiritual and Temporal in Parliament a&s;&s;embled, That her Grace the Dutche&s;s of <HI>Norfolk</HI> hath hereby Time given her for making her Defence, until <HI>Monday</HI> the Fir&s;t Day of <HI>February</HI> next, at Eleven of the Clock in the Forenoon.</P>
<CLOSER><SIGNED><HI>Matth. John&s;on,</HI> Cler' Parliamentor'.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<P>Accordingly, the Dutche&s;s of <HI>Norfolk</HI> began her Defence: And the following Order was made.</P>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="order">
<HEAD>Die Lunae, <HI>1.</HI> Februarii, <HI>1691.</HI></HEAD>
<P>IT is Ordered by the Lords Spiritual and Temporal, in Parlia|ment a&s;&s;embled, That on <HI>Wedne&s;day</HI> next, at Eleven of the <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ock in the Forenoon, the Hou&s;e &s;hall proceed in hearing the Dutche&s;s of <HI>Norfolk</HI>'s Evidence; and that all the Witne&s;&s;es that have been &s;worn on either Side, do then attend the Hou&s;e.</P>
<CLOSER><SIGNED><HI>Matth. John&s;on,</HI> Cler' Parliamentor'.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<P>Which they did; and the following Order was made.</P>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="order">
<HEAD>Die Mercurii, <HI>3</HI> Februarii, <HI>1691.</HI></HEAD>
<P>AFter having this Day heard &s;everal Witne&s;&s;es on behalf of her Grace the Dutche&s;s of <HI>Norfolk,</HI> as al&s;o for his Grace the Duke of <HI>Norfolk,</HI> It is Ordered by the Lords Spiritual and Temporal, in Parliament a&s;&s;embled, That her Grace the Dutche&s;s of <HI>Norfolk</HI>'s Council &s;hall proceed in her Grace's De|fence, on <HI>Saturday</HI> next, at Twelve of the Clock.</P>
<CLOSER><SIGNED><HI>Matth. John&s;on,</HI> Cler' Parliamentor'.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<P>They proceeded accordingly; and the following Order was made.</P>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="order">
<HEAD>Die Sabbati, <HI>6</HI> Februarii, <HI>1691.</HI></HEAD>
<P>AFter having this Day heard &s;everal Witne&s;&s;es on the behalf of the Dutche&s;s of <HI>Norfolk,</HI> It is Ordered by the Lords Spiritual and Temporal in Parliament a&s;&s;embled, That the Council for his Grace the Duke of <HI>Norfolk</HI> &s;hall proceed to examine Witne&s;&s;es on <HI>Tue&s;day</HI> next, at Twelve of the Clock.</P>
<CLOSER><SIGNED><HI>Matth. John&s;on,</HI> Cler' Parliamentor'.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<P>Which accordingly they did; and the following Order was made.</P>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="order">
<HEAD>Die Martis, <HI>9</HI> Februarii, <HI>1691.</HI></HEAD>
<P>AFter hearing &s;ome Witne&s;&s;es this Day, on the behalf of his Grace the Duke of <HI>Norfolk,</HI> It is Ordered by the Lords Spiritual and Temporal, in Parliament a&s;&s;embled, That the Council for his Grace the Duke of <HI>Norfolk,</HI> as al&s;o the Council for her Grace the Dutche&s;s of <HI>Norfolk,</HI> &s;hall be heard on <HI>Thur&s;day</HI> next, at Twelve of the Clock, to &s;um up the Evi|dence on either &s;ide; and that Mrs. <HI>Sawbridge</HI> and Mrs. <HI>Stour|ton</HI> do then attend, to be heard.</P>
<CLOSER><SIGNED><HI>Matth. John&s;on,</HI> Cler' Parliamentor'.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<P>The Council attended accordingly, but not heard; and their Lord&s;hips were plea&s;ed to make the following Order.</P>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="order">
<HEAD>Die Jovis, <HI>11</HI> Februarii, <HI>1691.</HI></HEAD>
<P>IT is Ordered by the Lords Spiritual and Temporal, in Parl<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">|ment a&s;&s;embled, That the Council for his Grace the Duke of <HI>Norfolk,</HI> as al&s;o the Council for her Grace the Dutche&s;s of <HI>Norfolk,</HI> &s;hall be heard to Morrow, at One of the Clock in the Afternoon, to &s;um up the Evidence on either &s;ide; and that Mrs. <HI>Sawbridge</HI> and Mrs. <HI>Stourton</HI> do then attend to be heard.</P>
<CLOSER><SIGNED><HI>Matth. John&s;on,</HI> Cler' Parliamentor'.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<P><PB N="7" REF="6">
After Evidence &s;ummed up, this following Order was made.</P>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="order">
<HEAD>Die Veneris, <HI>12</HI> Februarii, <HI>1691.</HI></HEAD>
<P>AFter hearing this Day the Coun&s;el, and a Civilian, for his Grace the Duke of <HI>Norfolk;</HI> and al&s;o Coun&s;el, and a Civil Lawyer, for her Grace the Dutche&s;s of <HI>Norfolk,</HI> who &s;um|med up the Evidence for their Graces &s;everally, It is Ordered by the Lords Spiritual and Temporal, in Parliament a&s;&s;embled, That on <HI>Tue&s;day</HI> next, at Twelve of the Clock, this Hou&s;e &s;hall proceed on the debate of this Bu&s;ine&s;s; and that then no other Bu&s;ine&s;s what&s;oever &s;hall intervene: And that all the Lords in and about the Town &s;hall be &s;ummonned then to attend; and that the Officers that &s;ummon them give the Hou&s;e an account of what Lords they &s;ummon</P>
<CLOSER><SIGNED><HI>Matth. John&s;on,</HI> Cler' Parliamentor'.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<P>The Matter was accordingly entred upon; and after &s;ome previous Debates by their Lord&s;hips, they were plea&s;ed to ap|journ till the next Day, when they proceeded, <HI>(viz.)</HI></P>
</DIV2>
<DIV2 TYPE="proceedings">
<HEAD>Die Mercurii, <HI>17</HI> Februarii, <HI>1691.</HI></HEAD>
<P>THe Depo&s;itions taken at &s;everal Times before, on the be|half of his Grace the Duke of <HI>Norfolk,</HI> as al&s;o tho&s;e ta|ken on the behalf of her Grace the Dutche&s;s of <HI>Norfolk,</HI> were read at the Table, by the Clerk.</P>
<P>After long Debate thereon, The Que&s;tion was put.</P>
<P><HI>Whether the Bill Entituled,</HI> An Act to Di&s;&s;olve the Mar|riage of <HI>Henry</HI> Duke of <HI>Norfolk,</HI> Earl Mar&s;hal of <HI>England,</HI> with the Lady <HI>Mary Mordant,</HI> and to enable the &s;aid Duke to Marry again, <HI>Shall be Read a Second Time?</HI></P>
<P>It was Re&s;olved in the Negative,</P>
<CLOSER><SIGNED><HI>Matth. John&s;on,</HI> Cler' Parliamentor'.</SIGNED></CLOSER>
</DIV2>
</DIV1>
<DIV1 TYPE="proceedings">
<HEAD>The <HI>Proceedings</HI> of the <HI>LORDS</HI> upon the <HI>Evidence.</HI></HEAD>
<DIV2 TYPE="testimony">
<HEAD><HI>Rowland Owen</HI> Examined on the behalf of the Duke of <HI>Norfolk,</HI> again&s;t the Dutche&s;s of <HI>Norfolk.</HI></HEAD>
<P><HI>ROwland Owen</HI> &s;aith that Mr. <HI>Keyner,</HI> about Six Years &s;ince, being the Duke of <HI>Norfolk</HI>'s Butler, ordered him to carry the things out; the Lodgings being open, he &s;aw Mr. <HI>Germaine</HI> in Bed with the Dut|che&s;s of <HI>Norfolk,</HI> the Dutche&s;s leap'd out of the Bed, and put on a Morning Gown, and <HI>Germaine</HI> hid him&s;elf in Bed; this was between five and &s;ix a Clock in the Evening, a|bout a Fortnight before <HI>Bartholomew</HI> Day; he did not tell the Duke: he is &s;ure it was <HI>Germaine;</HI> he &s;aw him often, twice or thrice a day; the outward door of the Lodg|nigs was &s;hut, but he opened it with a Key he had,</P>
<P><HI>Rowland Owen</HI> examined a &s;econd time, &s;aith he never ha<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> the Key of the Lodgings but once, that Mr. <HI>Keymer</HI> g<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">v<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> him the Key, when he went as (as he told him) to th<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> Blew Po&s;ts in the <HI>Haymarket,</HI> to be&s;peak the Dutche&s;s's Sup|per; he &s;aith he &s;aw not <HI>Francis Knight</HI> then in the Lodgings nor any other Woman but the Dutche&s;s of <HI>Norfolk;</HI> he &s;aith h<GAP DESC="illegible" RESP="pdcc" EXTENT="3 letters"> hath &s;een <HI>Keymer</HI> often open the outward Door of the Lodg|ings, when he hath been by, without calling <HI>Francis Knight</HI> <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> he &s;aith that he him&s;elf opened the fir&s;t Door with the Key; the Second Door was not clo&s;e &s;hut, and the third Door was o|pen: he &s;aith two of the Doors are &s;treight forward, and the third turns a little on the right Hand; he &s;aith he was gon<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> in at the third Door when the Dutche&s;s leapt out of Bed.</P>
<DIV3 TYPE="testimony of witnesses">
<HEAD>Witne&s;&s;es produced to the Credit of <HI>Rowland Owen.</HI></HEAD>
<P><HI>EDward Silve&s;ter</HI> &s;aith he hath known <HI>Rowland Owen</HI> three or four Years, and he hath tru&s;ted him in Bu&s;ine&s;s, and he hath ever been very faithful; he hath tru&s;ted him in Stores to the King, and he might have imbezell'd, but ever found him hone&s;t; and he hath had three or four Thou&s;and Pounds worth of Goods that he might have imbezell'd, and hath had opportunities of doing ill things, but never did: he hath tru&s;t|ed him with every thing he hath; he hath had more than 20 <ABBR><HI>l.</HI></ABBR> imbezell'd by others, but he never imbezell'd a half penny: H<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> knows not well who recommended him to him; he hath a<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"> hundred Men now, and he knows not that three of them wer<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> recommended: He hath tru&s;ted him with Goods an hundre<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> and an hunded times that he might have imbezell'd; and othe<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> that he hath &s;o tru&s;ted have cozened him, and he hath l<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"> 20 <ABBR><HI>l.</HI></ABBR> in a Months time by them; He works at our wo<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"> and that better than twenty that he hath had, and he's <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> Porter; he &s;aith he knows not Mr. <HI>Negus,</HI> nor was not <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> quainted with him till Ye&s;terday.</P>
<P><HI>John Jones</HI> &s;aith he hath known <HI>Rowland Owen</HI> above th<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> Years, and that he's a very hone&s;t Man, and that he ever for him faithful; that he lodged in his Hou&s;e, and that he m<GAP DESC="illegible" RESP="pdcc" EXTENT="3 letters"> have done him injuries if he would, and he hath been <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> ployed el&s;e where, and he never heard ill of him; he beli<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"> he's a Man of a better Principle than to take a fal&s;e Oath</P>
<P><HI>Thomas Cooke</HI> &s;aith that he hath known <HI>Rowland O<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"></HI> five Years, and knows not but that he's an hone&s;t Man, <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> &s;aith that he maintains his Family by his Labour; he i<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> 01 Neighbour, and never heard him taxed with any Mi&s;demean<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"></P>
</DIV3>
<DIV3 TYPE="testimony of witnesses">
<HEAD>Witne&s;&s;es Sworn on behalf of the Dutche&s;s, for inv<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> dating the Te&s;timony of <HI>Rowland Owen. (v<GAP DESC="illegible" RESP="pdcc" EXTENT="3 letters"></HI></HEAD>
<P><HI>FRancis Knight</HI> &s;aith &s;he knows <HI>Rowland Owen,</HI> as he <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> a Fellow-Servant in the Duke of <HI>Norfolk</HI>'s Hou&s;e; <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> hath known him a Year, he was running Porter, to carry Co<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"> and Wood; he was not tru&s;ted with any Keys; &s;he <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> tru&s;ted with the Keys to the Lodgings, and &s;he always k<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"> the Key to the outward Door to the Lodgings, and there <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> no other Key; and &s;he never delivered it to any Body, <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> &s;ometimes left it with the Lady <HI>Peterborough</HI>'s Hou&s;e-ke<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"> &s;he never let this <HI>Owen</HI> have that Key, or any other Key t<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">
<PB N="8" REF="7"><GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">odgings, it was below her to do it; he never went into the <GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">ner Rooms, no farther than the Steps to the Outward Room; <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">e's a pityful beggerly Fellow; he laid the Stewar'ds Cloath, <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">nd had no other Livelyhood; &s;he lived with my Lady &s;ix <GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">ars and upwards, and all the while had the Key to the out|ward Door; &s;he &s;aith you mu&s;t fir&s;t come into the Room cal|<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ed the Footmens waiting Room, then into the Dining Room, <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">hen into the Bed-Chamber; the Doors are &s;ideways: &s;he made the Dutche&s;s's Bed con&s;tantly; &s;he lock'd the Door, and <GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">ept the Key in her pocket; &s;he had the Key of the Rooms <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ill the Counte&s;s of <HI>We&s;tmoreland</HI> had the Lodgings, which was <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ill the Duke and Dutche&s;s left them, which was ten or twelve days before <HI>Bartholomewtide,</HI> &s;ix Years ago,</P>
<P><HI>Henry Kemer</HI> &s;aith that he knew <HI>Rowland Owen</HI> Street-Por|<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">er; he &s;aith that he (this witne&s;s) could never get into the Lodgings, but when he had the Key from <HI>Francis Knight;</HI> he &s;aith <HI>Owen</HI> never came into the Lodgings, but had a Key to a Hou&s;e where the empty Bottles were, which was without the Lodgings; and he him&s;elf could not get into the Lodgings but by <HI>Frances Knight;</HI> he never had the Key in his own Po&s;|<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">e&s;&s;ion; he never &s;aw <HI>Owen</HI> farther than the Pa&s;&s;age-Room; he &s;aith that the Doors are not oppo&s;ite to one another; he &s;aith <HI>Francis Knight</HI> never gave him the Key; he always found her there to open the Doors, or in the Room; he never had <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ny Key that would open the Lodgings: <HI>Owen</HI> never told him <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">hat he caught the Dutche&s;s in the manner as is &s;aid; he knows <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ot of any Livelyhood he had, be&s;ide laying the Steward's Cloath: <HI>Owen</HI> had Wages from the Duke, and lodg'd at the <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">uke's Hou&s;e in St. <HI>James</HI>'s; he &s;ent Bottles, Pewter-Plates, Forks and Spoons, Bread, and Linnen &s;ometimes by him, from the Duke's Hou&s;e to the Lodgings in <HI>White-hall:</HI> When he was not there to receive them him&s;elf, he gave him directions to deliver them to <HI>Francis Knight,</HI> or gave him the Key of the Cupboard. Being ask'd whether he hath ever gone by another Name than <HI>Keymer,</HI> de de&s;ired to be excu&s;ed, and re|fu&s;ed to an&s;wer; he refu&s;ed al&s;o to an&s;wer whether he had known any Lady go by the name of <HI>Bateman:</HI> Afterwards he &s;aid he did know one to do &s;o; he &s;aith &s;he went by the Name of the Dutche&s;s of <HI>Norfolk;</HI> he &s;aith it was the Dutche&s;s of <HI>Norfolk</HI> that went by the Name of <HI>Bateman,</HI> and &s;he went &s;o he believes for a Year; it was at <HI>Lambeth,</HI> but he knows not at who&s;e Hou&s;e there; he never &s;aw <HI>Germaine</HI> there; it was a Year, or half a Year &s;ince, he knows not certainly; the Hou&s;e is called by the Name of <HI>Scriber</HI>'s Hou&s;e, a Dyer; he never &s;aw Mr. <HI>Germaine</HI> at <HI>Scriber</HI>'s with the Lady <HI>Bate|man;</HI> he &s;aith he him&s;elf went by the Name of <HI>Goodman</HI> when he lived with this Lady <HI>Bateman;</HI> he &s;aith that he knows not that <HI>Germaine</HI> was ever at <HI>Lambeth,</HI> by that name or any o|ther; he &s;aith he never paid any Rent for the Hou&s;e at <HI>Lam|beth,</HI> nor knows that <HI>Germaine</HI> paid any for it; but he &s;aith he was a Servant to the Dutche&s;s at <HI>Lambeth,</HI> but knows not what Office he was in, but &s;he paid him his Wages.</P>
<P><HI>Henry Keymer,</HI> examined to what <HI>Rowland Owen</HI> &s;aid at his &s;econd Examination, &s;aith he never gave him the Key of the Lodgings, and &s;aith he never had the Key of the Lodgings.</P>
</DIV3>
<DIV3 TYPE="observations">
<HEAD>Ob&s;ervations upon the foregoing Evidence.</HEAD>
<P><GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">E<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">er in the fir&s;t place to con&s;ider, and compare the Evi|dence on both &s;ides Secondly, to examine the Credit of the Witne&s;&s;es, Thirdly. The rea&s;onable Probability of the Mat|ters Sworn, according to the common Cour&s;e and Practice of the World.</P>
<P><HI>Owen</HI> Swears' That being &s;ent by <HI>Henry Keymer,</HI> the Duke's Butler, to carry the things out, and the Lodgings being open, he &s;aw Mr. <HI>Germaine</HI> and the Dutche&s;s in Bed; and to counte|nance the Story, he &s;ays that two of the Doors are &s;treight for|ward, giving to under&s;tand that the Doors being open and one agin&s;t another, a body may &s;ee the Bed out of the fir&s;t Room intot the hird; that <HI>Keymer</HI> gave him the Key of the outward Door and upon the unlocking of it he made this Di&s;covery.</P>
<P><HI>Frances Knight</HI> encounters this Evidence with a Depo&s;ition, that &s;he kept the Key of the outward Door, her &s;elf, and deli|vered it to no body, but now and then to my Lady <HI>Peterbo|row</HI>'s Hou&s;e-keeper: That <HI>Owen</HI> never went into any of the Inner Rooms, and that the Doors are &s;ideways.</P>
<P><HI>Henry Keymer</HI> &s;aith al&s;o, that he him&s;elf could not get into the Lodgings, but by <HI>Frances Knight;</HI> that he never gave <HI>Owen</HI> the Key; nor ever had it in his Po&s;&s;e&s;&s;ion; that he never &s;aw <HI>Owen</HI> beyond the Pa&s;&s;age-Room; nay that <HI>Frances Knight</HI> never gave him the Key, but that he &s;till went to her to open the Door, and that he never had any Key to the Lodgings; that whenever he &s;ent <HI>Owen</HI> with Plates, Spoons, and the like, from Duke's Hou&s;e to the Lodgings in <HI>Whitehall,</HI> he was either there him&s;elf to receive them, or directed <HI>Owen</HI> to deliver them to <HI>Francis Knight&punc;</HI></P>
<P>Now if the&s;e two Witne&s;&s;s &s;peak Truth, <HI>Owen</HI> was never in the inner Rooms at all; he never had the Key of the outward Door, and the Doors are not &s;treight forward as <HI>Owen</HI> Swears they are, which is a Matter of Fact ea&s;ily cleared.</P>
<P>As to the Credit of <HI>Rowland Owen, Edward Silve&s;ter, John Jones,</HI> and <HI>Edward Cook</HI> are produced in his Favour. The fir&s;t &s;wears he never knew him &s;teal or cozen, as if the ca&s;e were Pilfery. The &s;econd that <HI>Owen</HI> might have done him wrong, and did not, and thence infers that he would not take a Fal&s;e Oath. The third, that he knows nothing to the contrary of his being an hone&s;t Man. So that here are three Surmi&s;es for the Reputation of <HI>Owen,</HI> which are ju&s;t nothing to the purpo&s;e, on the one hand: and two point blank Proofs, upon Oath, again&s;t him on the other; and not one Syllable all this while to di&s;|parage the Te&s;timony of either <HI>Knight</HI> or <HI>Keymer;</HI> though there are &s;everal pinching Pa&s;&s;ages in the Evidence, that, if they were fal&s;e, might be detected by Hundreds of Witne&s;&s;es. And for an In&s;tance of <HI>Keymer</HI>'s Tenderne&s;s of an Oath, he has own'd &s;ome things, upon the clo&s;e of his Examination, to the &s;eeming Prejudice of the Dutche&s;s her &s;elf. This is meant of their going by borrowed Names: but as things &s;tood at that time with many Per&s;ons of Honour, under her Grace's Circum&s;tance, it was no Scandal to conceal either their Names or their Aboads. But as to the true Rea&s;on of the Dutche&s;s's Retirement and living in a manner &s;o <HI>Incognito;</HI> The Earl of <HI>Peterborow</HI> falling de&s;perately &s;ick in the <HI>Tower,</HI> her Grace came over upon it, from beyond the Seas, to be within di&s;tance in ca&s;e the Sickne&s;s &s;hould have proved Mortal. <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">he Dutche&s;s had at that time nothing to live upon, but an Exhibition from her Father, and one half of that was made o|ver too for the Payment of her Debts; &s;o that not being in condition to appear an&s;werable to her Quality, &s;he thought
<PB REF="7"><GAP DESC="illegible" RESP="pdcc" EXTENT="1 span"> honour, Prudence and Ju&s;tice to retrench her Expences, which &s;he could not better do than by &s;uch a Retreat.</P>
<P>It is in the next place to be ob&s;erved, how <HI>Owen</HI> interferes with him&s;elf; the Lodgings, he &s;ays, being open, he &s;aw Mr. <HI>Germaine</HI> in Bed with the Dutche&s;s of <HI>Norfolk,</HI> the Dutche&s;s leap'd out of the Bed, <HI>&amp;c.</HI> This mu&s;t naturally be under&s;tood upon the opening of the fir&s;t Door; and, to the end it &s;hould be taken &s;o, he &s;ays, that the two fir&s;t doors were &s;treight forward, and that the third turns a little. Now if &s;o, how could he &s;ee the Bed out of the fir&s;t Room into the third? And then he forgets him&s;elf again, in &s;aying that the &s;econd door was not clo&s;e &s;hut, and the third open; &s;o that he has now doubled the difficulty: there was no &s;eeing into the Bed-Cham|ber, both becau&s;e the &s;econd door was almo&s;t clo&s;e, and be|cau&s;e the third was &s;ideways. It is to be noted al&s;o, that the Bed &s;tands quite out of &s;ight of the Bed chamber door, which is &s;ufficient of it &s;elf alone to overthrow <HI>Owen</HI>'s Te&s;timony. But upon &s;econd thoughts, he takes him&s;elf tripping, and in|&s;tead of mending the Matter makes it wor&s;e; it comes into his Head by this time, that there was no &s;eeing them in Bed out of the fir&s;t Room, and &s;o 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 Dutche&s;s leap'd out of her Bed. Now to take the Tale his own way, can any Body imagine that <HI>Owen</HI> &s;hould unlock the outward door, lay down his Lumber, pa&s;s the&s;e two Rooms into the third, the Dutche&s;s and Mr. <HI>Germaine</HI> both awake too, and all this Noi&s;e not give them the Alarm?</P>
<P>To come now to the Probability of the thing, <HI>Keymer</HI> gave him the Key, he &s;ays, only for once it &s;eems, for he ne|ver had it either before or &s;ince. 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, &s;hould have the Dutche&s;s's Bed-chamber laid open to him? And &s;o for the Morning-Gown, and <HI>Germaine</HI>'s hiding him|&s;elf in the Bed, had they no other Cloaths or Garments lying by them, that <HI>Owen</HI> &s;hould have the luck to &s;ee ju&s;t this and nothing el&s;e. But his Le&s;&s;on was to &s;wear <HI>Nudus cum Nuda,</HI> and <HI>Solus cum Sola,</HI> to bring the Proofs up to the &s;traitne&s;s of the Law, and that was the part he had to play. Or, to take the Ca&s;e yet another way. If <HI>Owen</HI> had &s;een them out of the fir&s;t Room, can any Body think he would have ventur'd after that into the Bed-chamber? Or, if he did not &s;ee them in the fir&s;t Room, what had he to do in the other Room at all? But over and above all the re&s;t, 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 Con&s;cience if he does not look upon it as an Impo&s;ture, without a Pre&s;ident from the Creation to this day.</P>
</DIV3>
</DIV2>
<DIV2 TYPE="testimony">
<HEAD><HI>Margaret Ellwood</HI> Examined on the Behalf of the Duke of <HI>Norfolk,</HI> again&s;t the Dutche&s;s.</HEAD>
<P><HI>MArgaret Ellwood</HI> &s;aith &s;he had a Company to &s;ee the Lodgings at <HI>Wind&s;or,</HI> in the Fir&s;t Year of King <HI>James</HI>'s Reign, about three or four of the Clock in the Afternoon; a Woman told her that my Lady was not there, but &s;he opening the door &s;aw my Lady upon the Stools in an ill po&s;ture; Mr. <HI>Ger|maine</HI>'s Britches were down; he pull'd them up, an<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> Hand on his Sword, &s;aying, <HI>God Dam you for a Whore, <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> have you the impudence to come here?</HI> My Lady bid him ki<GAP DESC="illegible" RESP="pdcc" EXTENT="3 letters"> me down. He &s;cattered &s;ome Concerns. that is, Man's Natu<GAP DESC="illegible" RESP="pdcc" EXTENT="3 letters"> on the Boards: She &s;aw no Nakedne&s;s but her Knee, or a li<GAP DESC="illegible" RESP="pdcc" EXTENT="3 letters"> above. Another time after &s;he found <HI>Germaine</HI>'s Handk<GAP DESC="illegible" RESP="pdcc" EXTENT="3 letters"> chief and Ruffles in my Lady's Bed; my Lady's Woman <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> there was <HI>Germaine</HI>'s Name upon them. Another time, <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> &s;aw Mr. <HI>Cornwal</HI> let Mr. <HI>Germaine</HI> out of my Lady's Clo&s;e <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> She &s;aw <HI>Germaine</HI>'s Legs within hers when &s;he came the fir<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"> time into the Room, and his Breeches were about his Heel<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"> The fir&s;t time was in <HI>Bartholomew-Fair</HI> time. Mrs. <HI>Knifet<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"></HI> told her it was <HI>Germaine</HI>'s Linnen.</P>
<DIV3 TYPE="testimony of witnesses">
<HEAD>Witne&s;&s;es produced to the Credit of <HI>Marg. Ellwood.</HI></HEAD>
<P>CAptain <HI>Charles Potts</HI> &s;aith, he hath known <HI>Margaret Ell+wood</HI> &s;ix or &s;even Years, and that &s;he was Servant to the Duke of <HI>Norfolk,</HI> and that &s;he behaved her &s;elf well and pru|dently there; her Husband was a Soldier in his Company, and was, as he hath heard, a Shoomaker.</P>
<P><HI>John Faucet</HI> &s;aith, He knew <HI>Margaret Ellwood,</HI> while &s;he was the Duke of <HI>Norfolk</HI>'s Servant about two or three Years: He never heard any Scandal or Di&s;grace of the Woman, but that &s;he carried her &s;elf civilly: He knows not whether &s;he kept an Ale-hou&s;e in <HI>Wind&s;or.</HI></P>
<P><HI>Lawrence Parnell</HI> &s;aith, he knows <HI>Margaret Ellwood;</HI> &s;h<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> lived in his Hou&s;e in <HI>Brook-Market,</HI> next <HI>Ea&s;ter</HI> will be tw<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> Years: He knows nothing ami&s;s of her; &s;he took care f<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"> her Living; he never knew her keep ill Hours; &s;he took <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> Room in his Hou&s;e, &s;ome of the Rent is behind, he thin<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> thirty two Shillings, her Husband and the Woman gave hi<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> a Bond for it.</P>
</DIV3>
<DIV3 TYPE="testimony of witnesses">
<HEAD>Witne&s;&s;es Sworn on the behalf of the Dutche&s;s, f<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"> invalidating the Te&s;timony of <HI>Margaret Ellwoo<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"></HI></HEAD>
<P><HI>MIchael Haddon</HI> &s;aith, he hath been acquainted with <HI>M<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">+garet Ellwood</HI> four, five, &s;ix or &s;even Years. When <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> fir&s;t knew her, her Husband was a Soldier in the Duke's Co<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">+pany, and &s;he was, as he hath heard, an Under Hou&s;e-keep<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"> He believes &s;he was turned out of the Duke's Service. <GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">+terwards &s;he &s;old Drink in a Hou&s;e of his at <HI>Wind&s;or,</HI> and we<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"> away in his Debt by Night, without paying him; &s;he took <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> Goods with her; this was in 1689.</P>
<P><HI>Joyce Heath</HI> &s;aith, &s;he knows <HI>Margaret Ellwood;</HI> &s;he liv<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"> in a Cellar of hers, and in a back Hou&s;e of hers, but not <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> the &s;ame time, three Quarters of a Year in <HI>Brook-Market,</HI> <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">+bout <HI>Michaelmas</HI> lo&s;t; &s;he paid the Landlady but Eleve<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> Shillings Six Pence. Her Cour&s;e of Life was not good; &s;h<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"> was in an inferiour Condition; her Husband was a Cobler in <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> Stall, and &s;he had five Children.</P>
<P><HI>Mary Tervis</HI> &s;aith, &s;he hath but a &s;lender Acquaintance with <HI>Margaret Ellwood;</HI> but the &s;aid <HI>Ellwood</HI> &s;ent to borrow a Scarf of her the <HI>Sunday</HI> after <HI>Chri&s;tmas</HI> la&s;t, and &s;aith, that going the next Day for her Scarf, &s;he the &s;aid <HI>Ellwood</HI> de&s;ired it for a longer time, for it might be 5 <ABBR><HI>l.</HI></ABBR> in her way, for &s;he was
<PB REF="8"><GAP DESC="illegible" RESP="pdcc" EXTENT="1 span"> Witne&s;s for the Duke of <HI>Norfolk,</HI> who was to be divorc'd <GAP DESC="illegible" RESP="pdcc" EXTENT="3 letters">m his Dutche&s;s; and that the Duke &s;ent his Chariot for her. <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">old her, there could be no Separation in Marriage, except <GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">ultery could be proved: And that I could not think it rea|<GAP DESC="illegible" RESP="pdcc" EXTENT="3 letters">able to believe, that &s;o mean a Servant&punc; as &s;he could be a <GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">ectator to &s;o ill an Action as that was. She &s;aid, &s;he thought <GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">e could do the Duke no Kindne&s;s in going; for &s;he never <GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">w other harm by the Dutche&s;s, than that &s;he &s;aw Gentlemen <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ome to and fro to the Hou&s;e: But the Duke had &s;ent for her, <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">nd &s;he mu&s;t go.</P>
<P><HI>Mary Jones</HI> &s;aith, She knows <HI>Margaret Ellwood;</HI> who &s;he <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">eard &s;ay, the Lady Dutche&s;s &s;ent for her a little before <HI>Chri&s;t|ma&s;s</HI> la&s;t, and &s;aid, <HI>Margaret,</HI> I de&s;ire you to &s;peak the truth; <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> would not have you di&s;oblige my Lord in the lea&s;t. <HI>Marga|ret Ellwood</HI> &s;aid, &s;he never knew no harm by her Grace. The Dutche&s;s demanded the Keys of her, and &s;he gave them her; and the Dutche&s;s gave them to her the &s;aid <HI>Ellwood</HI> again, the next Morning. The di&s;cour&s;e was a few days before <HI>Chri&s;t|ma&s;s</HI> la&s;t.</P>
<P><HI>Ann Ro&s;s</HI> &s;aith, She knows <HI>Margaret Ellwood;</HI> who came to her Hou&s;e, and told her, about two Months &s;ince, that the Duke of <HI>Norfolk</HI> &s;ent for her to witne&s;s; for there would be a Divorce between the Duke and Dutche&s;s: And I asking her what &s;he could &s;ay? She an&s;wered, &s;he could &s;ay but little, but that &s;he knew no ill by the Dutche&s;s; but that &s;he was a good generous &s;pirited Lady, and &s;he never knew any ill Action by her in her Life. I bid her have a care what &s;he went about, for that would do the Duke but little kindne&s;s. The Dutche&s;s, <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">he &s;aid, called for the Keys of her Lodgings, but gave her them back next Morning. She &s;aith, That la&s;t Week &s;he went to her to demand a Debt; and &s;he promi&s;ed to come and pay it her: She &s;aith, &s;he went to the Porter, at the Duke's, to ask for her; but the Porter &s;aid, &s;he was not within; but meeting with her Child there, &s;he &s;aid, &s;he was within; and brought her, the Witne&s;s, to her, in the Duke's Hou&s;e; and &s;he made her very welcom, and &s;ent her Husband with her, the Witne&s;s, to &s;ee her Children's Lodging, in the <HI>Green-Meu&s;e,</HI> near the Duke's Hou&s;e. She &s;aith, <HI>Ellwood</HI>'s Husband told her, upon asking how the Cau&s;e went, that his Wife was to have 30 <HI><ABBR>l.</ABBR> per Annum</HI> &s;etled on her, and to go to <HI>Wind&s;or</HI> to live, and to have the &s;hewing the Ca&s;tle. She &s;aith, that upon her going to &s;ee the Children, and commending their Lodgings, that <HI>Ell|wood</HI>'s Maid, or Woman, told her, they paid 4 <ABBR><HI>s.</HI></ABBR> a Week for their Lodging She &s;aith, the Children were well cloathed, with good Frocks and Top knots, and they u&s;ed to be ragged; and that her Husband u&s;ed to allow her but &s;ix Pence a day for h<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">r and her Children. She &s;aith, that <HI>Margaret Ellwood</HI> told her, &s;he had been with the Dutche&s;s; and that her Grace bid her do nothing to di&s;oblige her Lord, but &s;peak the Truth.</P>
<P><HI>Mary Ro&s;s</HI> &s;aith, She knows <HI>Margaret Ellwood:</HI> She &s;aith, &s;he heard <HI>Ellwood</HI>'s Husband &s;ay, that the Duke of <HI>Norfolk</HI> had taken care of his Wife and Children, and &s;etled 30 <HI><ABBR>l.</ABBR> per Annum</HI> on them, and her Habitation was to be at <HI>Wind&s;or-Ca&s;tle;</HI> and &s;aid, that my Lord Duke would be divorced, for he was to have a great Fortune of Twenty Thou&s;and Pounds a Year. This Di&s;cour&s;e was the la&s;t Week, and her Father was pre&s;ent, and her Mother was ju&s;t gone out.</P>
</DIV3>
<DIV3 TYPE="observations">
<HEAD>Ob&s;ervations upon the foregoing Evidence.</HEAD>
<P>Here is a foul and a &s;u&s;picious. Story in this Depo&s;ition of <HI>Margaret Ellwood,</HI> wherein &s;he &s;tands &s;ingly upon the Credit of her own Te&s;timony, without any Colour, or Corroborating Evidence to &s;upport it: Only Captain <HI>Charles Potts, John Faucet,</HI> and <HI>Lawrence Parnell,</HI> are produced to &s;peak to her per&s;onal Reputation. The fir&s;t &s;ays, &s;he behaved her &s;elf well and prudently in the Duke's Hou&s;e; the Second and Third, that they knew no ill by her.</P>
<P>There were produced on the behalf of the Dutche&s;s, and to invalidate the Te&s;timony of <HI>Margaret Ellwood,</HI> the&s;e &s;ix Wit|ne&s;&s;es, <HI>Michael Haddon, Joyce Heath, Mary Trevis, Mary Jones, Ann Ro&s;s,</HI> and <HI>Mary Ro&s;s. Mary Trevis, Mary Jones,</HI> and <HI>Ann Ro&s;s,</HI> do all depo&s;e, that about <HI>Chri&s;tma&s;s</HI> la&s;t, &s;peak|ing of the Dutche&s;s and Mr. <HI>Germaine, Margaret Ellwood</HI> told each of the&s;e Witne&s;&s;es re&s;pectively, that &s;he never &s;aw or knew any thing of ill by the &s;aid Dutche&s;s; and yet <HI>Ellwood</HI>'s Accu&s;a|tion bears date in the fir&s;t Year of King <HI>James. Mary Trevis</HI> &s;wears farther, that upon the next <HI>Sunday</HI> after <HI>Chri&s;tma&s;s</HI> la&s;t, <HI>Ellwood</HI> told her, upon borrowing a Scarf of her, that it might be 5 <ABBR><HI>l.</HI></ABBR> in her way; for the Duke was to be divorced from his Dutche&s;s, and he had &s;ent his Chariot for her, and &s;he was to be a Witne&s;s. <HI>Ann Ro&s;s</HI> &s;peaks al&s;o to the &s;ame effect, how <HI>Ellwood</HI> told her there would be a Divorce, and the Duke had &s;ent for her to be a Witne&s;s: And likewi&s;e &s;aith, that <HI>Ellwood</HI>'s Husband told her, that his Wife was to have 30 <HI><ABBR>l.</ABBR> per Annum</HI> &s;etled upon her, and live at <HI>Wind&s;or,</HI> and have the &s;hewing of the Ca&s;tle. <HI>Mary Ro&s;s</HI> &s;peaks to the &s;ame purpo&s;e al&s;o, with the Witne&s;s above, as to what <HI>Ellwood</HI>'s Husband &s;aid of <HI>Wind|&s;or,</HI> the Settlement, and the Divorce; adding al&s;o, that the Duke was to have a great Fortune, (according to the common Rumour then about the Town:) <HI>Mary Ro&s;s</HI>'s Father was by, and heard all this: It was about a Week before the date of this Information, that this Di&s;cour&s;e had pa&s;&s;ed.</P>
<P>Nay, the Dutche&s;s was &s;o clear in the matter, that &s;he &s;ent for <HI>Ellwood</HI> a little before <HI>Chri&s;tma&s;s</HI> la&s;t, and bid her &s;peak the truth; as <HI>Ellwood</HI> her &s;elf owned to <HI>Mary Jones</HI> and <HI>Ann Ro&s;s.</HI></P>
<P>To come now to the Quality and Credit of <HI>Margaret Ell|wood. Haddon</HI> &s;ays, &s;he was his Tenant to an Ale-hou&s;e in <HI>Wind&s;or,</HI> in 1689, carry'd off her Goods by Night, and went away in his Debt.</P>
<P><HI>Heath</HI> &s;aith, &s;he lived in a Cellar, led an ill Cour&s;e of Life, her Husband was a Cobler in a Stall.</P>
<P><HI>Ann Ro&s;s</HI> &s;ays, that &s;he had five Children, and that &s;he had but Six Pence a Day Maintenance for her &s;elf and them.</P>
<P>This was her Condition till near <HI>Chri&s;tma&s;s</HI> la&s;t, when all on a &s;udden, as <HI>Ann Ro&s;s</HI> depo&s;es, &s;he was taken into the Duke's Hou&s;e, 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 vi&s;ible means of doing all this. But, in fine, the Change was not wrought by Miracle, and leans much toward the D<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">&s;cour&s;e before-mentioned, that <HI>Ann</HI> and <HI>Mary Ro&s;s</HI> had with <HI>Ellwood</HI>'s Husband.</P>
<P>The Que&s;tion, at la&s;t, is briefly this: Whether is to be be|lieved, a Woman under &s;o many &s;candalous Circum&s;tances, and one that &s;wears for her &s;elf too; or &s;ix Witne&s;&s;es again&s;t her of &s;o unque&s;tionable Probity, that not &s;o much as one of them could be impeached by the other Party?</P>
<P><PB REF="8">
To pa&s;s now to the palpable unlikelyhood of the Story barely in it &s;elf: <HI>Ellwood</HI> was carrying Company, &s;he &s;ays, to &s;ee the Lodgings at <HI>Wind&s;or;</HI> and opening the Door, &s;he &s;aw and heard, as in her Depo&s;ition. How came it now, that none of this Company &s;hould be produc'd, or &s;o much as nam'd, to &s;econd <HI>Ellwood?</HI> For 'tis to be pre&s;um'd, they mu&s;t needs hear and &s;ee what pa&s;s'd upon this Adventure, as much as &s;he her &s;elf did; or if &s;he had but nam'd the Woman, who, &s;he &s;ays, told her my Lady was not there, it might have &s;erv'd as a Collateral Inducement, for the giving of &s;ome &s;ort of Credit to it. But in a Matter of this Importance, to have &s;o many Witne&s;&s;es within reach of being found out, and none to appear, looks very ill on their part, that were &s;o much concern'd to produce them: And &s;o for <HI>Germain</HI>'s threatning her, and the Dutche&s;s's bidding him kick her down; no People in their right Wits, but would have try'd to &s;top her Mouth with fair Words, and a good Bribe, in &s;uch a Ca&s;e as this, rather than provoke her by Menaces and ill Language, to run open Mouth to the Duke with the Story, in Revenge, when &s;he had the Dutche&s;s's Ho|nour and E&s;tate &s;o ab&s;olutely at her Mercy.</P>
<P>As to the bu&s;ine&s;s of Mr. <HI>Germain</HI>'s Handkerchief and Ruf|fles, and his being let out of the Clo&s;et, the Contrivance is all of the &s;ame piece with the re&s;t; for why were not the Per&s;ons nam'd in her Depo&s;ition, produc'd to prove the Particulars therein mention'd, as well as <HI>Ellwood</HI>'s? It is mo&s;t certain, that the Pro&s;ecutors could ea&s;ily have done it, and that it was properly their Bu&s;ine&s;s and Intere&s;t &s;o to do; for what &s;ignifies <HI>Ellwood</HI>'s &s;ingle Te&s;timony, under her Circum&s;tances, without Corroborating Proofs? She tells us a Tale, of Company to &s;ee the Lodgings, a Woman that told her &s;o and &s;o, and another Woman and a Gentleman that &s;aid and did this and that; and yet not one Creature at la&s;t to &s;econd her Depo&s;ition, nor any pretence of an Exception to the Evidence on the other &s;ide.</P>
</DIV3>
</DIV2>
<DIV2 TYPE="testimony">
<HEAD><HI>Thomas Hud&s;on</HI> Examined, on behalf of the Duke of <HI>Norfolk,</HI> again&s;t the Dutche&s;s.</HEAD>
<P><HI>THomas Hud&s;on</HI> &s;aith, That the Duke of <HI>Norfolk</HI> being at <HI>Port&s;mouth,</HI> he was Butler at <HI>Wind&s;or,</HI> when <HI>Germaine,</HI> and the Dutche&s;s, and <HI>Cornwall</HI> went to play; <HI>Germaine</HI> &s;ent his Footman for clean Linnen, which he brought the next Morning. Mrs. <HI>Gwin</HI> &s;aid to the Dutche&s;s, The Dog would have lain with me; but &s;he would not lay the Dog where the Deer laid, for &s;he knew the Lady Dutche&s;s would accept of him; after that, he &s;aw a Shirt and Wa&s;tcoat in the Clo&s;et, which my Lady's Woman and <HI>Ann Burton</HI> took away. My Lord being ab&s;ent we murmured among our &s;elves, that my Lord was wrong'd. I told my Lord: Whereupon my Ma&s;ter <HI>Cragg</HI> had me to my Lord <HI>Peterborough</HI>'s Lodging, and threaten'd me, that he would prefer me to his Brother <HI>Richards,</HI> who turn'd me off in <HI>Germany.</HI> This was, as he thinks, in <HI>December</HI> or <HI>September,</HI> 1685. Mrs. <HI>Gwin</HI> &s;poke this in the <HI>Green Room;</HI> and he was in a Clo&s;et hard by, and the Door open, and &s;o heard it.</P>
<DIV3 TYPE="testimony of witnesses">
<HEAD>Witne&s;s &s;worn on the behalf of the Dutche&s;s, for in|validating the Te&s;timony of <HI>Thomas Hud&s;on.</HI></HEAD>
<P><HI>WIlliam Purcha&s;e</HI> &s;aith, That he knows <HI>Thomas Hud&s;on;</HI> who, he &s;ays, was never Butler to the Duke of <HI>Norfolk,</HI> either at <HI>Wind&s;or,</HI> or any other place: He, the <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> was Under-Butler him&s;elf; <HI>Keymer</HI> was Butler <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> and the Witne&s;s was Under Butler. He &s;aith, <HI>Hud&s;on</HI> <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> on the Gentleman of the Hor&s;e, and the Steward; he <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> the Duke's Servant, nor waited at the Table, that he know <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> he was never &s;uffer'd to come into the Room when the <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> or Dutche&s;s was at Play. He &s;aith, He, the Witne&s;s, was at <HI>Wind&s;or</HI> at the time when the Duke of <HI>Norfolk</HI> was at <HI>Po<GAP DESC="illegible" RESP="pdcc" EXTENT="3 letters">|mouth;</HI> but he was &s;ent to <HI>Drayton,</HI> in <HI>Northampton&s;hire,</HI> <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> was then the Duke's Servant, as Under-Butler; he knows <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> where <HI>Keymer</HI> was; he &s;aith he is now Servant to the Lord <HI><GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">|terborough.</HI></P>
<P>Col. <HI>Jacob Richards</HI> &s;aith, That he knows <HI>Thomas Hud&s;o<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"></HI> he was his Servant; he was recommended to him by Mr. <HI>Crag<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"></HI> he was his Footman; he believes he was in his Service fo<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"> Months; he parted with him, becau&s;e he found him a tricki<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"> Fellow: He told him, his Brother <HI>Cragg</HI> was to be kill'd <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> one <HI>Curry,</HI> and another Iri&s;hman: He, the Witne&s;s, writ to <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> Brother <HI>Cragg,</HI> and he advis'd the Witne&s;s to part with hi<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> for he did not think him fit to be tru&s;ted in his Travels; whe<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> upon he paid him his Wages, and gave him Money to bear <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> Charges to <HI>England,</HI> and &s;ent a Trunk by him. One Mr. <HI>N<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">|gus</HI> travell'd with the Witne&s;s; and his Father who then a<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"> now lives with the Duke of <HI>Norfolk,</HI> writ to us, That he d<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"> not think it fit for us to keep &s;uch a Servant, for he was a dang<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">|rous Fellow, or to that effect. <HI>Hud&s;on</HI> never own'd any thi<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"> of the Adultery to the Witne&s;s, but po&s;itively declar'd to hi<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"> he knew nothing of it: This was in <HI>January,</HI> 1685. <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> &s;aith, that <HI>Cragg</HI> writ him Word, That <HI>Hud&s;on</HI> mu&s;t needs <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> a Tricking Knave. He negligently told the Witne&s;s this of <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> Adultery; Curio&s;ity made him ask it of him; for he had <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> with the Duke and Dutche&s;s, and it was natural for him, <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> Witne&s;s, to ask &s;uch a Que&s;tion. He &s;aith, he believes <HI>Hu<GAP DESC="illegible" RESP="pdcc" EXTENT="4 letters"></HI> &s;aw &s;ome of his Letters: He &s;aith, there were Printed Pa<GAP DESC="illegible" RESP="pdcc" EXTENT="4 letters"> in the Trunk he &s;ent, but nothing of any con&s;iderable va<GAP DESC="illegible" RESP="pdcc" EXTENT="3 letters"> He &s;aith, <HI>Hud&s;on</HI> never cheated him of any thing that he k<GAP DESC="illegible" RESP="pdcc" EXTENT="4 letters"> of; he hath tru&s;ted him with a 100 <ABBR><HI>l.</HI></ABBR> at a time: The T<GAP DESC="illegible" RESP="pdcc" EXTENT="4 letters"> was deliver'd in <HI>England,</HI> and he believes he knew <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> was in it: He &s;aith, that asking <HI>Hud&s;on</HI> whether he knew <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> thing of the Adultery charg'd on the Dutche&s;s of <HI>Nor<GAP DESC="illegible" RESP="pdcc" EXTENT="4 letters"> Hud&s;on</HI> &s;aid, he knew nothing of it: He, the Witne&s;s told <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> that it was &s;aid, that it was he that had betray'd the Dutc<GAP DESC="illegible" RESP="pdcc" EXTENT="4 letters"> <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> He &s;aid it was a fal&s;e Accu&s;ation, for he knew nothing of <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"></P>
</DIV3>
<DIV3 TYPE="observations">
<HEAD>Ob&s;ervations upon the foregoing Evidence.</HEAD>
<P><HI>H&V;d&s;on</HI> &s;wears him&s;elf the Duke's Butler at <HI>Wi<GAP DESC="illegible" RESP="pdcc" EXTENT="5 letters"> William Purcha&s;e</HI> &s;wears that <HI>Hud&s;on</HI> was never <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> Duke's Butler.</P>
<P><HI>Hud&s;on</HI> &s;ays, that they went to Play, and that he <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> heard Mrs. <HI>Gwin</HI> out of a Clo&s;et, &s;aying as in the Evid<GAP DESC="illegible" RESP="pdcc" EXTENT="3 letters"> Mrs. <HI>Gwin</HI> is a dead Witne&s;s, and <HI>Hud&s;on</HI> but a Clo&s;et <GAP DESC="illegible" RESP="pdcc" EXTENT="4 letters">|ne&s;s, which is little better. Now <HI>Purcha&s;e</HI> &s;ays again, T<GAP DESC="illegible" RESP="pdcc" EXTENT="3 letters"> <HI>Hud&s;on</HI> was never &s;uffer'd to come into the Room where <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> Duke or Dutche&s;s was at Play.</P>
<P><HI>Hud&s;on</HI> &s;ays likewi&s;e, That the Servants murmured amo<GAP DESC="illegible" RESP="pdcc" EXTENT="4 letters"> them&s;elves, That my Lord was wrong'd, and that he told <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> Lord of it. Colonel <HI>Jacob Richards</HI> depo&s;es, That he him<GAP DESC="illegible" RESP="pdcc" EXTENT="4 letters">
<PB REF="9"><GAP DESC="illegible" RESP="pdcc" EXTENT="1 span"> <GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">ng of a Noi&s;e of the Adultery; <HI>Hud&s;on</HI> made An&s;wer, <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> it was a fal&s;e Accu&s;ation, and he knew nothing of it.</P>
<P><GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ow as to <HI>Hud&s;on</HI>'s Credit, he was Colonel <HI>Richard</HI>'s Foot|<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">; who turn'd him off, as a Tricking Fellow, and not fit <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">e tru&s;ted. Mr. <HI>Negus,</HI> the Duke's Servant, both then and <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word">, was of the &s;ame Opinion too; and advi&s;ed, by Letter, <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> putting of him away, as a dangerous Fellow.</P>
<P>This Story, of Mr. <HI>Germain</HI>'s &s;ending his Man for clean Lin|<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"> over Night, and the bringing it next Morning, has little <GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">t, even &s;uppo&s;ing the Fact to be true. Fir&s;t, The Order <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">is given bare-fac'd, and con&s;equently no My&s;tery in it. Se|<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">ndly, There was a Set Company at Play, and that was not <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> opportunity for a Love-Intreague. Thirdly, it is no new <GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">ng for People to Sit-up all Night at Play, and change their <GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">nnen next Morning, without any offence to Hone&s;ty, or <GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">ood Manners, where they may have a Privacy &s;o to do it. And <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> my Lady's Woman, and <HI>Ann Burton,</HI> took away the Shirt <GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">d Wa&s;tcoat, as he &s;ays they did, there's no great hurt in that <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">either; tho' it's much to have Three &s;uch Confidents to &s;uch Secret, an Under-Footman privy to the Intreague of <HI>Ger|<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">ain</HI>'s Man going and coming, and raking in the Womens Clo|<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">, among the Linnen.</P>
<P>But &s;till the only proper Witne&s;&s;es are kept behind the Cur|<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">n. <HI>Ann Burton</HI> indeed is produced, and we &s;hall &s;ee what <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">nd of Evidence &s;he proves her &s;elf in the next place.</P>
</DIV3>
</DIV2>
<DIV2 TYPE="testimony">
<HEAD><HI><GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">nn Burton</HI> Examin'd, on the behalf of the Duke of <HI>Norfolk,</HI> again&s;t the Dutche&s;s.</HEAD>
<P><HI>ANN B&V;RTON</HI> &s;aith, &s;he was a Servant to the Duke and Dutche&s;s of <HI>Norfolk.</HI> When the Duke was gone to <HI>Port&s;mouth,</HI> &s;he was at <HI>Wind&s;or</HI> when my Lady went to <HI>Lon|don</HI> with <HI>Germaine.</HI> When my Lady came home, after Sup|per, &s;he was in great ha&s;te to go to bed; when &s;he was undre&s;t, <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">he &s;aid &s;he would lock us out, becau&s;e &s;he would not be di|&s;turb'd before Eleven a Clock the next Morning, tho' the King <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">nd Queen &s;hould come. <HI>Hud&s;on</HI> told her <HI>Germaine</HI> was &s;till in the Hou&s;e; 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 <HI>Germaine</HI>'s Man came with his Linnen, he &s;aid his Ma&s;ter was there. My Lady order'd a Fire to be made in my Lord's Room; where when &s;he was come, Mrs. <HI>Nelly Gwin</HI> came in, and ask'd her how &s;he lik'd her Night's Re&s;t? And being ask'd for <HI>Germaine,</HI> &s;he &s;aid &s;he knew nothing of him. My Lady complaining of her Hair being out of order, <HI>Nelly</HI> an&s;wer'd, It was a hot Night with her, enough to put her Hair out of Powder and Curl too. Quickly after <HI>Cornwall</HI> came in and asked for <HI>Germaine;</HI> and my Lady &s;aying &s;he knew nothing of him, <HI>Nelly Gwin</HI> &s;aid, I que&s;tion not but he will come out by and by like a drownded Rat. With that, while I was cleaning the Dining Room, Mrs. <HI>Knifton</HI> called me, and &s;hewed me in a Clo&s;et <HI>Germaine</HI>'s Shirt and Wa&s;tcoat; and afterwards making my Lady's Bed, &s;aw there were Two Prints where Two had laid. The Shirt and Wa&s;tcoat were &s;ent by the Duke to the Lord <HI>Peterborough;</HI> &s;he &s;aith &s;he is a &s;ingle Woman, and was never married. This was about <HI>Bartholomewtide</HI> Six Years &s;ince; &s;he &s;uppo&s;eth the Bed was Stain'd both by a Man and a Woman.</P>
<DIV3 TYPE="testimony of witnesses">
<HEAD>Witne&s;&s;es Sworn on the behalf of the Dutche&s;s for the invalidating the Te&s;timony of <HI>Ann Burton.</HI></HEAD>
<P><HI>ANn Burton</HI> again&s;t her &s;elf; upon &s;eeing &s;everal Witne&s;|&s;es comes in, to prove her to be a Married Woman, (tho' &s;he had &s;worn the contrary) was call'd to the Bar of the Lords, and there &s;aith, &s;he was not Married when &s;he was at <HI>Wind&s;or,</HI> &s;ince that &s;he hath been Married. <HI>Ann Burton</HI> was her Maiden Name, her Husband's Name was <HI>Benskin.</HI></P>
<P><HI>Su&s;an Wheat-Croft</HI> &s;aith, that &s;he knows <HI>Ann Burton,</HI> and that &s;he Lodged in her Hou&s;e Sixteen Weeks, with her Hus|band <HI>Robert Benskin,</HI> and &s;he &s;aid &s;he &s;hould have a parcel of Mony to be a Witne&s;s for the Duke of <HI>Norfolk</HI> again&s;t his Dutche&s;s; this was about <HI>March</HI> two Years &s;ince; her Husband &s;aid he &s;hould have a Commi&s;&s;ion from the Duke of <HI>Norfolk,</HI> and he &s;hould have a great deal more from him, for his Wife is to be a material Witne&s;s again&s;t his Dutche&s;s. They did nor pay her, the Witne&s;s, when they went away, nor &s;ince, they owed her Seven Pounds Fifteen Shillings; &s;he hath been &s;eeking after them, and could not find them; &s;he left a Trunk with Rags in it, and went away privately, carrying away her Good's by Parcels.</P>
<P><HI>Mary Sheriff</HI> &s;aith, that &s;he lives next Door to <HI>Warwick-Hou&s;e</HI> in <HI>Holbourn,</HI> and hath kept Hou&s;e there near Seven Years, and hath known <HI>Ann Burton</HI> two Years; &s;he lived with my Lord <HI>Clare;</HI> while &s;he was there a Soldier, courted her; they u&s;ed to come every day for a Fortnight or three Weeks to her Hou&s;e to drink; &s;he ow'd her about 3 <ABBR><HI>l.</HI></ABBR> &s;he hath told her &s;everal times &s;ince, that &s;he was to be a Witne&s;s, for the Duke of <HI>Norfolk</HI> again&s;t his Duche&s;s, and &s;he was to have Mony for &s;peaking: She heard Mrs. <HI>Tod</HI> bid her always keep in a Story, and &s;he would do well. She, the Witne&s;s heard them talk of 30 or 40 <ABBR><HI>l.</HI></ABBR> Mrs. <HI>Burton</HI> &s;hould get by be|ing a Witne&s;s; &s;he is not paid the 3 <ABBR><HI>l.</HI></ABBR> nor knows not whether &s;he &s;hall be paid; but la&s;t Winter &s;he found her in <HI>Henrietta|&s;treet,</HI> and &s;he de&s;ired her, the Witne&s;s, not to take notice of her Name, nor what &s;he &s;aid to her, for &s;he, the Witne&s;s, &s;hould have her Mony in a &s;hort time, when the Tryal was over; &s;he told her the &s;ame a little before that, when &s;he lived at Major <HI>Wildman</HI>'s; &s;he takes it to be in this Winter was Twelve month; &s;he thinks it was the Duke of <HI>Norfolk</HI>'s Tryal; &s;he, the Witne&s;s, keeps a Coffee-hou&s;e, called <HI>Joe</HI>'s Coffee Hou&s;e.</P>
<P><HI>William Purcha&s;e</HI> &s;aith, that he knows <HI>Ann Burton;</HI> &s;he declared to him about a Year and a half after the Dutche&s;s was charged with lying with <HI>Germaine,</HI> that &s;he knew nothing of it, and that the Dutche&s;s was wrong'd as much as ever any Woman was, and that &s;he hoped to &s;ee tho&s;e puni&s;hed that were the Cau&s;e of the Accu&s;ation: He &s;aith, he went to &s;ee her as a Fellow-Servant, and he was not &s;ent by any one; and going to drink together, they fell into this Di&s;cour&s;e: He hath talk'd of this matter &s;everal Times (particularly to Mr. <HI>Wel|borne</HI>) &s;ince this Bu&s;ine&s;s was &s;poken of, having heard &s;he was to be a Witne&s;s again&s;t the Dutche&s;s.</P>
</DIV3>
<DIV3 TYPE="observations">
<PB N="13" REF="9">
<HEAD>Ob&s;ervations upon the foregoing Evidence.</HEAD>
<P><HI>ANN Burton</HI> has the Story over again of the Shirt and Wa&s;tcoat, and of Mrs. <HI>Gwyn</HI>'s Di&s;cour&s;e, to which e|nough is &s;aid already, and more needs not be &s;aid upon the Evidence of a Per&s;on &s;o manife&s;tly for&s;worn. In her fir&s;t Oath, &s;he &s;wears her &s;elf a &s;ingle Woman, and that &s;he was never married; but upon Witne&s;&s;es appearing to prove the contrary, &s;he was called to the Bar again, and own'd her &s;elf to be Married, and that her Husbands Name was <HI>Benskin.</HI></P>
<P>This <HI>Ann Burton</HI> had been a Lodger &s;ixteen Weeks to <HI>Su&s;an Wheatcroft,</HI> as appears by <HI>Wheatcroft</HI>'s Depo&s;ition; &s;he con|veyed her Goods privately out of the Hou&s;e by Parcels, and &s;lipt away &s;even pound fifteen Shillings in her Debt; &s;he told <HI>Wheatcroft</HI> that &s;he was to be a Witne&s;s again&s;t the Dutche&s;s, and that &s;he &s;hould have Money; her Husband &s;aying al&s;o, that his Wife was to be a material Witne&s;s again&s;t the Dutche&s;s, and he him&s;elf &s;hould have a Commi&s;&s;ion, and more than that too.</P>
<P><HI>Mary Sheriff</HI> &s;ays, that pre&s;&s;ing <HI>Ann Burton</HI> for three Pound &s;he owed her; her An&s;wer was, that &s;he was to be a Witne&s;s for the Duke again&s;t the Dutche&s;s, and that in a &s;hort time &s;he &s;hould have Money, and then &s;he would pay her.</P>
<P><HI>William Purcha&s;e</HI> &s;wears, that about a Year and half after the Report concerning the Dutche&s;s and Mr. <HI>Germaine, Ann Burton</HI> told him, the Dutche&s;s was wrong'd, and &s;he hoped to &s;ee her Accu&s;ers puni&s;hed: and that he him&s;elf hath often &s;poke of this pa&s;&s;age to &s;everal, and particularly to Mr. <HI>Welborne.</HI> Take notice, that the&s;e Depo&s;itions for the Dutche&s;s, as well as the former, have pa&s;&s;ed without any contradiction: That <HI>Germaine</HI>'s Man is neither produced, nor named; the Linnen (if any) brought as openly as it was &s;ent for. No Mrs. <HI>Knifton</HI> appears, and the whole Depo&s;ition re&s;ts upon the credit of a for&s;worn Woman.</P>
</DIV3>
</DIV2>
<DIV2 TYPE="testimony">
<HEAD><HI>Simon Varel&s;t</HI> examined on the behalf of the Duke of <HI>Norfolk,</HI> again&s;t the Dutche&s;s.</HEAD>
<P><HI>SImon Varel&s;t</HI> &s;aith, that he was at <HI>Wind&s;or,</HI> to draw the Dutche&s;s of <HI>Norfolk</HI>'s Picture, about &s;ix Years &s;ince, and had the Duke's Clo&s;et to put the Pictures in; when he had done and had been at home two or three days, <HI>Ger|maine</HI> came to him much concern'd, and &s;aid, you can do the Dutche&s;s an extraordinary kindne&s;s, and you will oblige the Lord and Lady <HI>Peterborow</HI> in the highe&s;t degree; then he &s;hew|ed me a Letter of the Dutche&s;s to me, and read it to me, be|fore that he told me there was a Shirt and Wa&s;tcoat, and they are known to be his; he &s;aid, I de&s;ire you to &s;ave the Dutche&s;s's Honour, I de&s;ire that you will be &s;o much a Gentleman as to own them to be yours, and that you left them there; I an|&s;wered, I was much concern'd there &s;hould be &s;uch a trouble, but I de&s;ired to be excu&s;ed, I could not do it without prejudice. He told me, the Lord and Lady <HI>Peterborow</HI> had di&s;cour&s;ed the Duke of <HI>Norfolk</HI> upon it, and if it were but my Linnen, their <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">i&s;cour&s;e had wrought &s;o much upon him, that if there came <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ny Evidence to a&s;&s;i&s;t him, he would leave off the pur&s;uit; I <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">efu&s;ed &s;till, he offered me a Pur&s;e of Gold, and told me I <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">hould make my Fortune by it; but I refu&s;ing, Mr. <HI>Germaine</HI> <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">vent away very much di&s;contented; my Wife being in the next Room, overheard the di&s;cour&s;e between <HI>Germaine</HI> and me, a<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"> told it, and &s;poke of it, or el&s;e I had not been here now.</P>
<DIV3 TYPE="testimony">
<HEAD><HI>John Rothmell,</HI> Sworn a Witne&s;s on the behalf of the Dutche&s;s of <HI>Norfolk,</HI> for Invalidating the Te&s;timony of <HI>Simon Varel&s;t.</HI></HEAD>
<P><HI>JOhn Rothmell</HI> &s;aith, that he lives in <HI>Crown Court</HI> in <HI>Covent-Garden,</HI> and is a <HI>Taylor:</HI> He &s;aith, he knows <HI>Simon Varelst,</HI> and that he, the Witne&s;s, marry'd his half Si&s;ter; he &s;aith, that about a quarter of a year after the bu&s;ine&s;s of the Dutche&s;s happen'd at <HI>Wind&s;or,</HI> he was at <HI>Varel&s;t</HI>'s Hou&s;e about eleven of the clock in the night, and <HI>Varel&s;t</HI> lock'd the Door, and told him, he had di&s;parag'd him by marrying his Si&s;ter, and &s;aid he would be his Death; and drew his Sword, and commanded him to &s;trip, that he might &s;la&s;h him at plea&s;ure; and the &s;aid Witne&s;s did &s;trip for fear of his Life, knowing his Frenzy; and he &s;truck the Witne&s;s above a dozen times with his Sword, and threatned &s;till to have his Life, if he, the Wit|ne&s;s did not fetch his Wife down that night, which was about Twelve a Clock, and which was about Six Weeks after &s;he lay in; and he was to bring her to be Whipt, and to bring &s;ix Rods with him; upon his, the Witne&s;&s;es Promi&s;e to do this, he let him go, and he hath not &s;een him &s;ince, but in the &s;treet. He had half a year before that been di&s;tracted for &s;ix weeks, and he, the Witne&s;s, fetch'd Dr. <HI>Teni&s;on</HI> to him once, and the Doctor came &s;everal times afterwards to him. One night in that Sickne&s;s, he got from the Woman that watch'd him, and run about two hours in his Shirt and Wa&s;tcoat, in a fro&s;ty night, and cut his Feer, and was brought home by the Watch; he &s;aith, his, the Witne&s;s's Wife, was to have been here this day, as a Witne&s;s, and was here, but not having an hour to reckon, and being ill, is gone home with her Midwife: He &s;aith, he never dur&s;t go near <HI>Varel&s;t</HI> &s;ince he abus'd him. He &s;aith, that Mrs. <HI>Varel&s;t,</HI> after &s;he came from <HI>Wind&s;or,</HI> &s;aid, that the Dutche&s;s had ill people about her, and that &s;he believ'd her to be much wrong'd, and &s;aid, &s;he could clear her about the &s;candal of the Linnen that was found; for whether it was or was not Mr. <HI>Varel&s;t</HI>'s Linnen, &s;he could do it; and &s;aid, &s;up|po&s;ing I had brought my Husbands Linnen down to be wa&s;h'd, and the Landre&s;s fetching of it, &s;he might take it up, and leave &s;ome of it behind.</P>
</DIV3>
<DIV3 TYPE="observations">
<HEAD>Ob&s;ervations on the foregoing Evidence.</HEAD>
<P>THere needs no more to the overthrowing of <HI>Varel&s;t</HI>'s Evi|dence, whatever it is, than the Te&s;timony of <HI>John Roth|mell,</HI> to prove him <HI>Non Compos;</HI> witne&s;s his Outrage upon <HI>Rothmell,</HI> the fanta&s;tical freak of &s;ending at Midnight for &s;ix Rods to whip his Si&s;ter-in law; and another fit, for a matter of &s;ix weeks, when Dr. <HI>Teni&s;on</HI> made him &s;everal Vi&s;its to com|po&s;e him, his Frenzy being &s;o violent upon him, that he broke loo&s;e from his Keepers in a fro&s;ty night, and ran up and down the &s;treets in his Shirt, till he was taken up by the Watch: This is the &s;um of <HI>Rothmell</HI>'s Te&s;timony, and not one word op|pos'd either to the Credit of the Witne&s;s, or the truth of the Depo&s;itions. But it may not be ami&s;s, after all this, yet to &s;peak a few words to the likelihood of what <HI>Varel&s;t</HI> has here depos'd.</P>
<P>Mr. <HI>Germaine</HI> came to him, he &s;ays, with a Letter from the
<PB N="14" REF="10">Dutche&s;s, which he read to him, and in the name of the Lord and Lady <HI>Peterborow,</HI> de&s;ir'd him to &s;ay, the Shirt and Wa&s;t|coat were his: but not one word all this while of the Contents of the Dutche&s;&s;es Letter. He &s;ays again, that the Shirt and Wa&s;tcoat were known to be his; now if they were known to be Mr. <HI>Germaine</HI>'s, what good could <HI>Varel&s;t</HI> do by taking the matter upon him&s;elf; when he &s;aw fair words would not do, there was a Pur&s;e of Gold offer'd him, and that would not work neither. The Dutche&s;s and Mr. <HI>Germaine</HI> were wonder|fully alter'd, &s;ure, in this ca&s;e, from what they were in the bu&s;ine&s;s of <HI>Owen</HI> and <HI>Ellwood;</HI> there was no Pur&s;e of Gold, or Dutche&s;&s;es Letter to &s;mother the matter; but on the contrary, <HI>Ellwood</HI> was threaten'd, provok'd, and defy'd, in&s;tead of cajoling her. And what was all this for at la&s;t, but only to remove a Jealou&s;ie, and mo&s;t ridiculou&s;ly, at the &s;ame time, to condemn them&s;elves by a Confe&s;&s;ion out of their own Mouths, and im|prove the Su&s;picion into a Certainty: Can any body imagine that they would not have done more to have &s;uppre&s;t <HI>Owen</HI>'s and <HI>Ellwood</HI>'s evidence, than <HI>Ann Burton</HI>'s, or <HI>Simon Varel&s;t</HI>'s; who &s;wears farther, that his Wife heard all this di&s;cour&s;e betwixt <HI>Ger|maine</HI> and him&s;elf in the next Room, and told of it. Why was &s;he not produced then, or the per&s;ons to whom &s;he told it? But <HI>Rothmell</HI> &s;wears, that Mrs. <HI>Varel&s;t</HI> &s;aid, the Dutche&s;s had ill people about her, and was much wrong'd, and that &s;he her&s;elf could clear her about the &s;candal of the Linnen; &s;o that 'tis plain, Mrs. <HI>Varel&s;t</HI> was not an Evidence for the pre&s;ent Turn.</P>
</DIV3>
</DIV2>
<DIV2 TYPE="testimony">
<HEAD><HI>Thomas Fo&s;ter</HI> Examined on the behalf of the Duke of <HI>Norfolk,</HI> again&s;t the Dutche&s;s.</HEAD>
<P><HI>THomas Fo&s;ter</HI> &s;aith, that he was Coach-man to Mr. <HI>Ger|maine,</HI> and carried the Dutche&s;s of <HI>Norfolk</HI> often, about two years &s;ince in his Coach, and brought her home, and the Foot-men have had four Half-Crowns given them; and <HI>Mar|ting</HI> a <HI>Dutch-man,</HI> his helper, called it <HI>Hu&s;h-Money;</HI> it was by right, again&s;t a Light, that he &s;aw her Face in the Coach; it was about Seven or Eight a Clock at Night about this time a hear; he hath &s;een her Face once in the day time, &s;he looking out of a Sa&s;h-Window, two Stories high, in Mr. <HI>Germaine</HI>'s Hou&s;e in <HI>Park-&s;treet;</HI> he knows her Face well enough; he hath &s;een her before, and &s;ince &s;he was Married.</P>
<DIV3 TYPE="testimony of witnesses">
<HEAD>Witne&s;&s;es Sworn on the behalf of the Dutche&s;s of <HI>Norfolk,</HI> for Invalidating the Te&s;timony of <HI>Thomas Fo&s;ter.</HI></HEAD>
<P><HI>JOhn Hall</HI> &s;aith, that he lives at the <HI>Coffin</HI> in <HI>Tuttle-&s;treet,</HI> and is a Joiner; he &s;aith, he hath known <HI>Thomas Fo&s;ter</HI> two years; and that about three weeks &s;ince, they being drink|ing together, and talking about the Duke and Dutche&s;s of <HI>Norfolk;</HI> he &s;aid, Mr. <HI>Germaine</HI> had done ill things by him, in turning him off in <HI>Ireland,</HI> and in turning him off here, and he was re&s;olv'd to be reveng'd of him.</P>
<P><HI>Ho&s;ea Grim&s;ley</HI> &s;aith, he lives with Mr. <HI>Germaine,</HI> and that he hath known <HI>Thomas Fo&s;ter</HI> above a year and three months, in Mr. <HI>Germaine</HI>'s Service; he heard him &s;ay, in the la&s;t week of <HI>December</HI> la&s;t, in Mr. <HI>Cook</HI>'s Hou&s;e, about three days before he was turn'd away, that he thought it no more &s;in to Murther his Ma&s;ter, than it was to kill a Lou&s;e; he &s;aith, he hath lived with Mr. <HI>Germaine</HI> about a year and half; and that he never &s;aw the Dutche&s;s of <HI>Norfolk</HI> with him; and that he hath ever &s;ince he came to him, lived with him in the place where he now lives; he &s;aith, he never &s;aw Mr. <HI>Germaine</HI> with a Wo|man, that was called the Lady <HI>Bateman,</HI> nor knows any &s;uch Name or Per&s;on.</P>
</DIV3>
<DIV3 TYPE="observations">
<HEAD>Ob&s;ervations upon the foregoing Evidence.</HEAD>
<P>THere is not one word in <HI>Fo&s;ter</HI>'s Evidence, true or fal&s;e, that's worth the hearing, only it is levelled upon the main, at the Dutche&s;s of <HI>Norfolk</HI> and Mr. <HI>Germaine;</HI> and <HI>John Hall</HI> gives the rea&s;on of it; for this &s;ame <HI>Fo&s;ter,</HI> he &s;ays, was Mr. <HI>Germaine</HI>'s Coach man, who he &s;aid, would turn him off, and he would be revenged of him. <HI>Ho&s;ea Grim&s;ly</HI> te|&s;tifies al&s;o, that &s;ome three days before <HI>Fo&s;ter</HI> was turned away, he &s;aid, he thought it no more &s;in to kill his Ma&s;ter, than to kill a Lou&s;e. So, that the Evidence he gives, was grounded on the malice he bore his Ma&s;ter, for turning him off.</P>
</DIV3>
</DIV2>
<DIV2 TYPE="testimony">
<HEAD><HI>Thomas Lloyd</HI> Examined on the behalf of the Duke of <HI>Norfolk,</HI> again&s;t the Dutche&s;s.</HEAD>
<P><HI>THomas Lloyd</HI> &s;aith, he knows one that went by the Name of the Lady <HI>Bateman,</HI> at her Hou&s;e at <HI>Fox-hall;</HI> one <HI>Germaine,</HI> a Wine-Merchant, took the Hou&s;e, &s;he came thither about Mid&s;ummer, 1689. She was off and on there till la&s;t Michael|mas. He hath &s;een the Per&s;on that went by the Name of the Lady <HI>Bateman;</HI> and it is the Dutche&s;s of <HI>Norfolk. Goodman</HI> was her chief Man, and his real name is <HI>Keymer.</HI> Her Brother, as was pretended, which he hath heard was Mr. <HI>Germaine,</HI> was the chief man that came there, &s;ometimes he came once or twice a Week, &s;ometimes oftner; he's certain, as the Servants &s;aid, it was Captain <HI>Germaine</HI> that came there, every body &s;aid it was he: He knows him not by his Name, but by Hear-&s;ay; if he could &s;ee him now he could tell whether it was he; he hath not &s;een him &s;ince the Lady went away; he believes <HI>Ger|maine</HI> was there every month in both the la&s;t Summers; he can|not &s;ay that <HI>Goodman</HI> was ever there, when <HI>Germaine</HI> was there he &s;aw him &s;everal times there in <HI>May, June, July,</HI> and <HI>August,</HI> 1691. <HI>Germaine</HI>'s own Hair was then pretty long: He cannot po&s;itively &s;wear he was Captain <HI>Germaine;</HI> he &s;uppo&s;es if he &s;aw him now he could know him.</P>
<DIV3 TYPE="testimony of witnesses">
<HEAD>Witne&s;&s;es &s;worn on behalf of the Dutche&s;s of <HI>Norfolk,</HI> for invalidating the Te&s;timony of <HI>Thomas Lloyd.</HI></HEAD>
<P><HI>ALexander Herman</HI> &s;aith, that he &s;erved Mr. <HI>Germaine;</HI> he hath left his Service a year and a half, about eight Weeks after he came from <HI>Ireland</HI> with the King; h<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> &s;erved him a Year and half: Mr. <HI>Germaine</HI> was in <HI>Ireland</HI> with the King, in the Summer, in the Year 1690. He went to <HI>Ire|land</HI> two days before the King that Summer, he continued there four Months: he believes he went the la&s;t of <HI>May,</HI> or the fir&s;<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> of <HI>June;</HI> he came back with the King. He the Witne&s;s &s;erve<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> him all that while in <HI>Ireland,</HI> and &s;aw him every Hour an<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> every Day, and never &s;tirr'd from him; he came from <HI>Ireland</HI> in the &s;ame Ship with the Lord <HI>Villers,</HI> the Earl of <HI>Manche&s;t<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"></HI> and Mr. <HI>Felton;</HI> and he went to <HI>Ireland</HI> in the <HI>Monmouth</HI> Yard with the Envoys of <HI>Holland</HI> and <HI>Brandenburgh,</HI> and the Mar|que&s;s <HI>Mompavillon:</HI> He &s;aith Mr. <HI>Germaine</HI> was at <HI>Bru&s;&s;els May</HI> la&s;t, he &s;aw him there, and &s;poke with him there <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word">
<PB N="15" REF="10"><GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">aw the Lord <HI>Villers</HI> and the Lord <HI>Lumley</HI> there with him; he lodged in the &s;ame Tavern there with him, for four Days, and &s;aw him not after: He the Witne&s;s, coming then for <HI>England,</HI> left him there. He never knew him wear his own Hair; his own Hair is dark brown: He never knew him ap|pear abroad without a Wigg; his Hair is about half a Finger long; he wore a fair Perriwigg. He &s;aith he, the Witne&s;s, was quarter'd in a little Tent behind him in <HI>Ireland;</HI> he could not &s;tir but he heard him; he &s;aith that four weeks after he &s;aw him in <HI>Bru&s;&s;els,</HI> he &s;aw him walking in St. <HI>James</HI>'s Park.</P>
<P><HI>Anthony Moree</HI> &s;aith, he was Barber to Mr. <HI>Germaine;</HI> the fir&s;t time he &s;haved him was about five or &s;ix years &s;ince; his own Hair is brown; he &s;haved his head very often; he &s;ha|ved him before he went to <HI>Holland,</HI> and &s;ince he came home; he never &s;aw his Hair long enough to cover his Ears; nor &s;aw he him ever wear his own Hair, but a Perriwigg: he &s;haved him for a year and half before and &s;ince he went for <HI>Ireland;</HI> he &s;haved him always at his own hou&s;e near the Park: he or his man &s;haved him ever &s;ince he came from <HI>Hol|land</HI> to this day: he or his man &s;haved him the night before the King went for <HI>Holland:</HI> he &s;aith that Mr. <HI>Germaine;</HI> when he went away, &s;aid it would be a Month or two before he &s;hould come back, but he knows not how long it was: This was at his Hou&s;e next door to the Cock-pit; he &s;haved him general|ly &s;ince the King came into <HI>England.</HI> he &s;aith the Campaign was almo&s;t done when he fir&s;t &s;haved him, after he came from <HI>Flanders.</HI></P>
</DIV3>
<DIV3 TYPE="observations">
<HEAD>Ob&s;ervations upon the foregoing Evidence.</HEAD>
<P><HI>LLoyd</HI>'s Depo&s;ition is nothing at all to the purpo&s;e, or if it were never &s;o pertinent, the Fal&s;ities in it are &s;ufficient to &s;poil it; for in truth his Evidence, as to Mr. <HI>Germaine</HI>'s being at <HI>Fox Hall,</HI> is only grounded upon Hear-&s;ay and Report: And yet he ventures to &s;wear him to be there every Month in both the la&s;t Summers; and particularly, that he was &s;everal times there in <HI>May, June, July,</HI> and <HI>Augu&s;t,</HI> 1690. Whereas <HI>Alexander Herman</HI> &s;wears, that Mr. <HI>Germaine</HI> went to <HI>Ireland</HI> in the Summer 1690, on the la&s;t of <HI>May,</HI> or on the fir&s;t of <HI>June,</HI> where he &s;tay'd about four Months, and that him&s;elf &s;aw and &s;erv'd him there; and &s;ays farther, that he was at <HI>Bru&s;&s;els</HI> in <HI>May</HI> la&s;t. <HI>Anthony Moree</HI> &s;ays al&s;o, being Barber to Mr. <HI>Germaine,</HI> that he went beyond Seas, and the Campaign was almo&s;t over when he fir&s;t &s;haved him after he came back from <HI>Flanders,</HI> which is a flat Contradiction to <HI>Lloyd</HI>'s Evi|dence.</P>
</DIV3>
</DIV2>
<DIV2 TYPE="testimony of witnesses">
<HEAD><HI>The next Witne&s;&s;es produced by the Duke of</HI> Norfolk, <HI>were</HI> Peter Scriber, Andrew Ander&s;on, Robert Hemming, John Reynolds, <HI>and</HI> Margaret Fo&s;ter.</HEAD>
<P><HI>PEter Scriber</HI> &s;aith that he let an Hou&s;e, at <HI>Fox Hall,</HI> to Mr. <HI>Daniel Germaine,</HI> Mid-Summer was two years, <HI>(viz)</HI> 1689, at Twenty four Pound <HI>per Annum.</HI> He told him that <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">wo Ladies that were to come from <HI>Holland</HI> were to live there; one was Mrs. <HI>Bryan,</HI> the other the Lady <HI>Bateman;</HI> they <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ent by the Name of <HI>Daniel Germaine</HI>'s and Captain <HI>Germaine</HI>'s Si&s;ters. The Ladies came to the Hou&s;e about ten days after <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">t was let; one <HI>Goodman,</HI> that attended them, was off and on there all the time that the Lady <HI>Bateman</HI> lived there, which was off and on till <HI>September</HI> la&s;t. This <HI>Goodman</HI> is the &s;ame Man that was heard here the other day, as <HI>Henry Keymer</HI> he remembers nor, nor can be po&s;itive that he hath &s;een Cap|tain <HI>Germaine</HI> there at any time, he cannot &s;ay he knows him; he hath not &s;een him in &s;even or eight years. He &s;aith, he, the Witne&s;s, is generally ab&s;ent in the Day-time; <HI>Goodman</HI> he &s;aith came off and on to the Lady <HI>Bateman</HI>'s from the time &s;he came thither till the time &s;he went away.</P>
<P><HI>Andrew Ander&s;on</HI> &s;aith, he knew one that went by the Name of the Lady <HI>Bateman</HI> a year and half ago, at <HI>Fox-Hall,</HI> from la&s;t Spring was Twelve-months till near la&s;t <HI>Michaelmas,</HI> but hath not &s;een her &s;ince; he knew one that went by the Name of <HI>Goodman</HI> that u&s;ed the Hou&s;e; and that <HI>Goodman</HI> is <HI>Keymer;</HI> he knew a Geatleman that lived by the <HI>Cock-pit,</HI> that went by the Name of my Lady <HI>Bateman</HI>'s Brother, which he u&s;ed to take into his Boat at <HI>Channel-Row,</HI> and carry to Mr. <HI>Scriber</HI>'s Hou&s;e at <HI>Fox-hall.</HI> He carried him &s;everal times back|wards and forwards; &s;ince mid-&s;ummer he hath carr ed him twice; he u&s;ed to carry him to the back Stairs of <HI>Scriber</HI>'s Hou&s;e: The &s;ame day he fetched him, in the Forenoon, from the Parliament-Stairs, or <HI>Channel-Row,</HI> he carried him back in the Afternoon; he had a light Wigg. He, the Witne&s;s, hath carried Wood from <HI>Scriber</HI>'s Hou&s;e, from the Per&s;on that went by the Name of the Lady <HI>Bateman,</HI> to the Hou&s;e by the <HI>Cock-Pit;</HI> one <HI>Nicola</HI> u&s;ed to receive it into Carts, at the <HI>Wool-Stable:</HI> This <HI>Nicola</HI> was, he &s;uppo&s;es, Servant to the Gentleman that lives in that Hou&s;e on the other &s;ide the <HI>Cock Pit;</HI> he hath been at the Door but never in the Hou&s;e; he &s;aith he bought the Wood of the Bargemen, by the Per&s;ons Order that was called the Lady <HI>Bateman.</HI></P>
<P><HI>Robert Hemming</HI> &s;aith, he knew one that lived near the Dye|hou&s;e in <HI>Fox-hall,</HI> that went by the Name of Lady <HI>Bateman;</HI> he &s;aith, he was Gardner to the Hou&s;e near two Years &s;ince, after <HI>Mid&s;ummer</HI> next will be three Years; he knows not the Lady otherwi&s;e than by the name of Lady <HI>Bateman;</HI> he hath &s;een Gentlemen come there, but he knows not their Names; he knew her Servant <HI>Goodman;</HI> Mr <HI>Knolles,</HI> that waited on the La|dy, and was chief Gardner, paid him his wages; he knew <HI>Good|man</HI> by no other Name.</P>
<P><HI>John Reynolds</HI> &s;aith, that he &s;aw the Lady that went by the name of Madam <HI>Bateman</HI> &s;everal times walking in her Garden, living conceal'd; that is, &s;he lived privately, and had but little Conver&s;ation among&s;t her Neighbors. The &s;ixth of <HI>November</HI> la&s;t, being invited to dine at a Friends at <HI>We&s;tminster,</HI> he met between the Lord <HI>Peterborough</HI>'s and the Ferry, a Lady whom he believed was the &s;ame Lady <HI>Bateman;</HI> and becau&s;e he would not be under a mi&s;take, he enquir'd of one that followed her, and he told him, it was the Dutche&s;s of <HI>Norfolk;</HI> his bu&s;ine&s;s is at the next door to <HI>Scriber</HI>'s hou&s;e; he hath &s;een a Gentleman walk with the Lady in the Garden, that his, the Witne&s;&s;es Ser|vants have told him, was Mr. <HI>Germaine,</HI> he hath known the La|dy live in that place above two Years and half. He knew <HI>Good|man,</HI> that lived there, who now goes by the Name of <HI>Keymer.</HI></P>
<P><HI>Margaret Fo&s;ter</HI> &s;aith, &s;he knows one <HI>Nichola,</HI> he's Mr. <HI>Ger|maine</HI>'s Gentleman, that lives next hou&s;e to the <HI>Cock-pit.</HI> Mr <HI>Ger|maine</HI> hath lived there two Years; her Husband was his Coach|man; it's the <HI>Royal Cock pit</HI> in <HI>Park-&s;treet,</HI> or <HI>Cartret-street;</HI> Mr. <HI>Germaine</HI> &s;ent for her on <HI>Sunday</HI> Fortnight, to enquire for her Husband, who, he told her, was a Witne&s;s again&s;t him; and his Brother (who was pre&s;ent) told her, that his Brother did not &s;end for her to bribe her, but to tell her Husband he &s;hould not for&s;wear him&s;elf, for there was a Pillory.</P>
<DIV3 TYPE="observations">
<PB N="16" REF="11">
<HEAD><HI>Ob&s;ervations upon the Depo&s;itions of</HI> Peter Scriber, An|drew Ander&s;on, Robert Hemming, John Rey|nolds, <HI>and</HI> Margaret Fo&s;ter.</HEAD>
<P>THe&s;e Te&s;timonies are all Foreign to the Charge again&s;t the Dutche&s;s; her Graces being at <HI>Fox-hall,</HI> and the going under borrowed Names, is all acknowledged, and the Rea&s;ons already given; be&s;ides the mi&s;takes in them are &s;o few and trivial, that it is not worth the while to detect them.</P>
</DIV3>
</DIV2>
<DIV2 TYPE="testimony">
<HEAD><HI>Jane Wad&s;worth</HI> Examined on the behalf of the Duke of <HI>Norfolk,</HI> again&s;t the Dutche&s;s.</HEAD>
<P><HI>JAne Wad&s;worth</HI> &s;aith, that &s;he &s;old drink, and going into Mr. <HI>Germane</HI>'s Hou&s;e, a little before the King went into <HI>Ireland,</HI> for a Pint Pot, &s;he &s;aw a <HI>Dutch</HI> Woman, who bid her go up Stairs for it; and going up for it, &s;he met the Dutch|e&s;s of <HI>Norfolk</HI> in a Night-Gown, one &s;ide lapt over the other &s;ide-with <HI>Flanders</HI>-lac'd Night-Cloaths on her Head, without a Hood on: About two Hours after, <HI>Herman,</HI> Footman to <HI>Germaine,</HI> came into her Hou&s;e and &s;he &s;aying to him, you have got the Dutch|e&s;s of <HI>Norfolk</HI> at your Hou&s;e, he &s;aid, no Dutche&s;s of <HI>Norfolk:</HI> I &s;aid it was &s;he, for I had &s;een her &s;ome Hundreds of times: He &s;aid, it was his Ma&s;ter's Lady, and his Ma&s;ter's Dutche&s;s, no Dutche&s;s of <HI>Norfolk;</HI> why &s;hould not my Ma&s;ter have a Dutche&s;s as well at the Duke of <HI>Norfolk?</HI> She hath known Mr. <HI>Germaine</HI> three Years next <HI>Mid&s;ummer,</HI> having lived there &s;o long. <HI>Herman</HI> enquiring where I &s;aw her, I &s;aid upon the Stairs: he told me, I &s;hould not have gone up the Stairs; I told him, the <HI>Dutch</HI>-Woman bid me go up, It was about Eleven a Clock in the day time that &s;he &s;aw her: He bid me &s;ay no more of it, for if his Ma&s;ter knew it, he would kill the <HI>Dutch</HI>-woman. She &s;aw Wel&s;h <HI>Frank,</HI> about two Months &s;ince, deliver a Letter to Mr. <HI>Germaine,</HI> and &s;he hath &s;een her go to the Hou&s;e often; &s;he hath known the Dutche&s;s ever &s;ince, and before &s;he was married.</P>
<P><HI>Frances Knight</HI> (examined before for the Dutche&s;s) being called in, the Witne&s;s &s;aith, this is the Woman that was called <HI>Wel&s;h Frank,</HI> whom &s;he hath often &s;een at Mr. <HI>Germaine</HI>'s; &s;he &s;aw her, about the time the King came home from <HI>Flanders,</HI> give another Letter to Mr. <HI>Nicola,</HI> Mr. <HI>Germaine</HI>'s Gentleman.</P>
<DIV3 TYPE="testimony of witnesses">
<HEAD>Witne&s;&s;es produced by the Duke of <HI>Norfolk,</HI> to &s;peak to the Credit of <HI>Jane Wad&s;worth.</HI></HEAD>
<P><HI>JOhn Prince</HI> &s;aith, he hath known <HI>Jane Wad&s;worth</HI> Twelve Years, to be a go<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">d hone&s;t poor Woman, and of good Re|putation to the be&s;t of his Knowledge; and that &s;he takes care to maintain her Family; he believes her to be an hone&s;t Woman, and that &s;he would not take a fal&s;e Oath; he knew her at the <HI>Hor&s;e-ferry,</HI> and in <HI>Cartret-&s;treet.</HI></P>
<P><HI>Emery Arguies</HI> &s;aith, that he hath known <HI>Jane Wad&s;worth</HI> 13 or 14 years, he never knew her but of as good Reputation as any in the Pari&s;h; &s;he is Poor, but he believes, &s;he would not take a fal&s;e Oath.</P>
<P><HI>Robert Elmes</HI> &s;aith, that he hath known <HI>Jane Wad&s;worth</HI> 12 or 13 years, he thinks her a very hone&s;t Woman, he never heard but &s;he was an hone&s;t Poor Woman, that endeavoured to live, and maintain her Family, &s;he is of good Reputation.</P>
<P><HI>Charles Read</HI> &s;aith, he hath known <HI>Jane Wad&s;worth</HI> 12 years and &s;omething better, he never knew her do an ill thing, <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> was always a careful indu&s;trious Woman; he hath known <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> married all that time, and &s;he never was a Servant in the time.</P>
<P><HI>Henry Dagley</HI> Senior &s;aith, that he hath known <HI>Jane Wad&s;worth</HI> 16 or 17 years, &s;he was always a very Civil Woman, and he ne|ver heard other by her.</P>
</DIV3>
<DIV3 TYPE="testimony of witnesses">
<HEAD>Witne&s;&s;es Sworn on the behalf of the Dutche&s;s of <HI>Nor+folk,</HI> to the Invalidating the Te&s;timony of <HI>Jane Wad<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> worth.</HI></HEAD>
<P><HI>GRace Cooke</HI> &s;aith, that &s;he knows <HI>Jane Wad&s;worth,</HI> &s;he hath lived near her Four Years; &s;he came into the Witne&s;&s;e Hou&s;e with a Paper in her Hand, and asked her, who let it, &s;aying, &s;he knew no hing of it; &s;he &s;aid, that &s;he had &s;aid that &s;he had &s;een the Dutche&s;s of <HI>Norfolk</HI> in Mr. <HI>Germaine</HI>'s Hou&s;e, but &s;he had not &s;een her a great while, and now that &s;he had &s;een her, &s;he was &s;atisfied, that it was not her; and &s;he wi&s;hed, that &s;he might burn in the Fire, and never go hom<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> to her Children, if &s;he would take her Oath of it. The Pape<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> was to warn her to this Hou&s;e; it was the fir&s;t Night the Pa|pers came out, that &s;he &s;aid this, <HI>Ho&s;ea Grim&s;ly, John Hal<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"></HI> and <HI>Margaret Coudy</HI> were pre&s;ent when &s;he &s;aid this; &s;he &s;aith, &s;he lives next Door but one to <HI>Jane Wad&s;worth.</HI></P>
<P><HI>John Hall</HI> &s;aith, that he hath known <HI>Jane Wad&s;worth</HI> above a year; about a Fort-night &s;ince &s;he came into Mrs. <HI>Gook</HI>'s, with an Order in her hand, but knew not who left it; and &s;aid, &s;he could &s;ay nothing to it, Mrs. <HI>Cooke</HI> &s;aying again, you mu&s;t &s;ay &s;omething to it, el&s;e you had not had this Order from the Hou&s;e; then &s;he &s;aid, &s;he had been at the Duke of <HI>Norfolk</HI>'s and had told the Duke, that &s;he chanced to go into Captain <HI>Germaine</HI>'s Hou&s;e for a Pint Pot, and &s;he chanced to &s;ee the Dutche&s;s of <HI>Norfolk;</HI> but &s;he &s;aid &s;he might be mi&s;taken, for &s;he had not &s;een her in &s;even years before, but &s;he had &s;een her once or twice &s;ince &s;he came out of <HI>France,</HI> and that was none of the Dutche&s;s of <HI>Norfolk</HI> which &s;he &s;aw on Captain <HI>Germaine</HI>'s Stairs; whereupon <HI>Ho&s;ea Grim&s;ly</HI> asking her, if &s;h<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> were &s;ure is was not &s;he, &s;he &s;aid, &s;he was &s;ure it was not &s;he wi&s;hing that &s;he might burn, and never go home to he Children, if &s;he would &s;wear it, for &s;he could not &s;wear it <HI>Ho&s;ea Grim&s;ly, Grace Cook,</HI> and two other Women, were pre&s;ent in <HI>Grace Cook</HI>'s Hou&s;e, when this di&s;cour&s;e happened, which was the very Night the Order came out: He &s;aith, he wrough<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> in Mr. <HI>Germaine</HI>'s Hou&s;e, he &s;aw twice or thrice Ladies ther<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> in Masks; one of the Ladies in the Mask, gave Order to tak<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> down a Partition; &s;he was reported to be Captain <HI>Germaine</HI> Si&s;ter.</P>
<P><HI>Margaret Coudy</HI> &s;aith, &s;he knows <HI>Jane Wad&s;worth,</HI> who cam<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> into Mrs. <HI>Cook</HI>'s the fir&s;t time &s;he was &s;ubpoena'd, and asked who left the Paper in her Hand for her; &s;he &s;aid, &s;he we<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"> to Mr. <HI>Germaine</HI>'s for a Pot, and &s;he thought &s;he &s;aw the Dutch|e&s;s of <HI>Norfolk</HI> there; but &s;he &s;aw her &s;ince her coming fro<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> <HI>France,</HI> and was &s;atisfied it was not her, and wi&s;hed &s;he mig<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"> never &s;ee her Children, and burn, if ever &s;he &s;aw her there.</P>
<P><HI>Alexander Herman</HI> &s;aith, that he knows <HI>Jane [Wad&s;<GAP DESC="illegible" RESP="pdcc" EXTENT="3 letters"></HI> well, he never had any Di&s;cour&s;e with her concerning <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> Dutche&s;s of <HI>Norfolks</HI> being in Mr. <HI>Germaine</HI>'s Hou&s;e; he &s;a<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> he hath drank often at <HI>Wad&s;worth</HI>'s Hou&s;e, but he never ha<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">|ny Di&s;cour&s;e with her concerning the Dutche&s;s of <HI>Norfolk,</HI> <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word">
<PB N="13" REF="11">
<GAP DESC="duplicate" EXTENT="1 page">
<PB N="14" REF="12">
<GAP DESC="duplicate" EXTENT="1 page">
<PB N="15" REF="12">
<GAP DESC="duplicate" EXTENT="1 page">
<PB N="16" REF="13">
<GAP DESC="duplicate" EXTENT="1 page">
<PB N="17" REF="13"><GAP DESC="illegible" RESP="pdcc" EXTENT="1 span"> this Woman in his Ma&s;ters Hou&s;e in all his life: He <GAP DESC="illegible" RESP="pdcc" EXTENT="1 span"> his Ma&s;ter at Table, and in his Chamber, all the <GAP DESC="illegible" RESP="pdcc" EXTENT="1 span"> of his Service, which was a Year and half; he never &s;aw <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> <GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">dy in a Mask in his Ma&s;ters Hou&s;e.</P>
<P><HI>Mary Pennington</HI> &s;aith, that &s;he knows <HI>Jane Wad&s;worth,</HI> &s;he was her Servant, but not long, for &s;he was not hone&s;t. She, the Witne&s;s, being gone out, at her return, &s;he met her going away with her, the Witne&s;s's Linnen and her Husbands, bun|dled up; this is about Eleven Years &s;ince.</P>
<P><HI>Frances Knight</HI> &s;aith, that &s;he knows not <HI>Jane Wad&s;worth,</HI> nor never di&s;cour&s;ed with her, nor never &s;aw her at <HI>Mr. Germaine</HI>'s Hou&s;e, nor did the Witne&s;s ever carry any Letters thither.</P>
</DIV3>
<DIV3 TYPE="testimony of witnesses">
<HEAD>Witne&s;&s;es examined on the behalf of the Duke of <HI>Norfolk,</HI> again&s;t the Credit of <HI>John Hall.</HI></HEAD>
<P><HI>HEnry Dagley,</HI> Jun. &s;aith, that he knows <HI>John Hall,</HI> he was a Workman at <HI>Mr. Germaine</HI>'s, when he, the Wit|ne&s;s, wrought there; and <HI>Hall</HI> hath often &s;aid to him, that he believed it was the Dutche&s;s of <HI>Norfolk</HI> that was there in the mask, and that gave him Directions in his Work there; this was at <HI>Mr. Germaine</HI>'s Hou&s;e in <HI>Park-&s;treet:</HI> He could not affirm it to be true, becau&s;e &s;he was masked, but really believ|ed it.</P>
<P><HI>John Hoskins</HI> &s;aith, that <HI>John Hall</HI> was employed by <HI>Mr. Ger|maine,</HI> and a Lady that was masked; the Lady was the fir&s;t that ever &s;hewed him his work, what he was to do: And the fir&s;t work he did was to take do<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"> <GAP DESC="illegible" RESP="pdcc" EXTENT="1 span"> talking a|mong&s;t our &s;elves, that it was the Dutc<GAP DESC="illegible" RESP="pdcc" EXTENT="3 letters"> <GAP DESC="illegible" RESP="pdcc" EXTENT="1 span">; <HI>John Hall</HI> has &s;aid that that Lady was the Dutche&s;s of <HI><GAP DESC="illegible" RESP="pdcc" EXTENT="1 word">,</HI> not that he could &s;ay &s;o of his own Knowledge, but that <GAP DESC="illegible" RESP="pdcc" EXTENT="4 letters">ath been often told it was &s;o; he &s;aith that <HI>Hall</HI> told him, the day he, the &s;aid <HI>Hall,</HI> was examined here, that if he had been ask|ed more he could have &s;aid more.</P>
</DIV3>
<DIV3 TYPE="observations">
<HEAD>Ob&s;ervations upon the foregoing Evidence.</HEAD>
<P><HI>JAne Wad&s;worth</HI> &s;wears, &s;he &s;aw the Dutche&s;s at Mr. <HI>Ger|maine</HI>'s, and what Di&s;cour&s;e &s;he had afterward with <HI>Her|man, Mr. Germaine</HI>'s Footman, and that a Dutch-woman &s;ent her up Stairs for a Pint Pot, by which Accident &s;he &s;aw the Dutche&s;s; &s;he &s;ays al&s;o, that &s;he &s;aw Wel&s;h <HI>Frank</HI> deliver a Letter to <HI>Mr. Germaine; Frances Knight</HI> being produc'd <HI>Wad&s;|worth</HI> &s;wears that's the Woman that was called Wel&s;h <HI>Frank,</HI> and that &s;he &s;aw her give another Letter once to <HI>Mr. Nichola, Mr. Germaines</HI> Gentleman; there are al&s;o four Witne&s;&s;es pro|duced for her Credit, that &s;ay they know no Ill by her.</P>
<P>But then <HI>Grace Cook</HI> on the other hand &s;wears, that <HI>Jane Wad&s;worth</HI> told her, that &s;he thought &s;he had &s;een the Dutch|e&s;s at <HI>Mr. Germaines,</HI> but was now &s;atisfied that it was not &s;he, and cur&s;ed her &s;elf, and her Children, if &s;he would take her Oath that it was the Dutches: This was upon her receiving a <HI>Subpoena,</HI> to appear and give Evidence; <HI>Ho&s;ea Grim&s;ley, John <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">all</HI> and <HI>Margaret Condy</HI> were pre&s;ent at this di&s;cour&s;e.</P>
<P><HI>John Hall</HI> &s;wears, that &s;he &s;aid that &s;he &s;aw the Dutche&s;s <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">f <HI>Norfolk</HI> at Captain <HI>Germaines,</HI> but upon a further &s;ight of <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word">, &s;he finds &s;he was mi&s;taken.</P>
<P><HI>Ho&s;ea Grim&s;ly</HI> &s;wears to the di&s;cour&s;e, the very words of <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> Cur&s;e, and the Per&s;ons that were in Company; all agree|ing with the Depo&s;itions of <HI>Grace Cook: Margaret Condy</HI> &s;wears <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> the very &s;ame Particulars.</P>
<P><HI>Alexander Herman</HI> depo&s;es, that he never &s;aw <HI>Wad&s;wo<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"></HI> his Ma&s;ters Hou&s;e, nor ever had any Di&s;cour&s;e with her <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> <GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">|cerning the Dutche&s;s; and he being a Per&s;on turned away <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> di&s;grace from his Ma&s;ter, would have made no &s;cruple to pu<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">+li&s;h any Secret of that kind, at lea&s;t to &s;wear the truth wh<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"> upon his Oath.</P>
<P><HI>Mary Pennington</HI> &s;ays, that <HI>Jane Wad&s;worth</HI> was her Ser|vant a while, but was not hone&s;t, and that &s;he had filched &s;ome of hers and her Husbands Linnen, and was going away with it.</P>
<P><HI>Frances Knight</HI> denies the Knowledge of <HI>Wad&s;worth,</HI> or any di&s;cour&s;e with her; &s;he never &s;aw her at <HI>Mr. Germaines,</HI> nor ever carried any Letters thither.</P>
<P>But here are two Witne&s;&s;es brought in now to Arraign the Credit of <HI>John Hall,</HI> which is as much as to &s;ay that they had no Exceptions to any of the re&s;t, or, which is all one, to the truth of the matter; for <HI>John Halls</HI> Evidence is by them con|firmed over and over: And what is it that the&s;e two Witne&s;&s;es have to &s;ay at la&s;t? <HI>Henry Dagler</HI> &s;ays, that he believed it was the Dutche&s;s he &s;aw at <HI>Mr. Germaine</HI>'s, but could not affirm it. And <HI>John Hoskins</HI> &s;ays, that they &s;aid it was the Dutche&s;s, but he could not &s;peak it of his own Knowledge, which amounts to no more than a bare Hear-&s;ay.</P>
</DIV3>
</DIV2>
<DIV2 TYPE="testimony of witnesses">
<HEAD>Witne&s;&s;es Sworn on the behalf of the Dutche&s;s of <HI>Norfolk,</HI> intimating a &s;eeming Reconciliation.</HEAD>
<P>MRs. <HI>Judith Stourton</HI> &s;aith, that &s;he was Servant to the Dutche&s;s of <HI>Norfolk,</HI> when the Report was of the Dutche&s;s and <HI>Mr. Germaine,</HI> which was about a week before the Duke and Dutche&s;s went to <HI>France;</HI> &s;he was askt by the Lord <HI>Peterborow</HI> in the pre&s;ence of the Duke of <HI>Nor&s;olk,</HI> in the Dukes Hou&s;e in St. <HI>James</HI>'s Square (where they &s;hut the door) as &s;he would An&s;wer it to the Face of Almighty God, if &s;he did know whether his daughter was an Adultre&s;s: Her An|&s;wer was, that as &s;he hoped to &s;ee God in Heaven, the Dutche&s;s was as Vertuous as any Woman alive, for ought &s;he knew; &s;he &s;aith, that what &s;he then &s;aid, is true; and if &s;he &s;hould pretend to &s;ay more, &s;he &s;hould wrong her: She &s;aith, that no one was pre&s;ent be&s;ides the Lord <HI>Peterborow</HI> and the Duke, when they examined her; and that &s;he &s;aw no Shirt or Wa&s;t|coat at that time; and that &s;he doth not remember, &s;he &s;aid to <HI>Mrs. Webb</HI> any thing concerning the Dutche&s;s and <HI>Mr. Ger|maine,</HI> and thinks &s;he never &s;poke with <HI>Mrs. Webb;</HI> and &s;he was not at <HI>Wind&s;or</HI> when the Duke was at <HI>Port&s;mouth;</HI> &s;he &s;aith, there was a Report of Scandals which &s;he was &s;orry for.</P>
<DIV3 TYPE="testimony of witnesses">
<HEAD><HI>Edith Sawbridge</HI> and <HI>Webb,</HI> produced on the behalf of the Duke of <HI>Norfolk,</HI> to di&s;credit the Te&s;timony of Mrs. <HI>Stourton.</HI></HEAD>
<P><HI>EDith Sawbridge</HI> &s;aith, that the <HI>Tue&s;day</HI> following, this un|happy Di&s;cour&s;e concerning the Dutche&s;s of <HI>Norfolk; Mrs. Stourton</HI> came into her Chamber, and &s;he telling her what had happen'd at <HI>Wind&s;or, Mrs. Stourton</HI> reply'd, this is nothing but what &s;he expected before now; the Witne&s;s reply'd, that if &s;he the Witne&s;s had been as near the Dutche&s;s, as the &s;aid <HI>Mrs. Stourton,</HI> &s;he would have prevented all this, to which Mrs.
<PB REF="14"><HI>Stourton</HI> an&s;wer'd would you have had me whipt at the Carts-<GAP DESC="illegible" RESP="pdcc" EXTENT="4 letters">. The di&s;cour&s;e we had was, that <HI>Mrs. Knifton</HI> told her <GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">en I came from <HI>London</HI> on <HI>Friday</HI> Night, that &s;he told me <GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">e was glad I was come, for &s;he expected her Throat to be <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">very Night, &s;ince my Lord Duke&punc; went to <HI>Port&s;mouth;</HI> I <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> her the Rea&s;on of her fear, &s;he an&s;wered, <HI>Germaine</HI> had <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> with my Lady Dutche&s;s, ever &s;ince my Lord Duke <GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">nt to <HI>Port&s;mouth;</HI> that when he came home he would hear of it, and he would kick her for a Baud; and if &s;he &s;hould tell my Lord, <HI>Germaine</HI> would cut her Throat; I bid her have a care what &s;he &s;aid, for the&s;e were dangerous words; how can you prove this? &s;he &s;aid, it was very true; the Witne&s;s asking her (Mrs. <HI>Knifton</HI>) how &s;he knew this? &s;he &s;aid, <HI>Ger|maine,</HI> in&s;tead of going home, went into the Clo&s;et: The Wit|ne&s;s cannot &s;ay, that &s;he &s;aid all this to <HI>Mrs. Stourton,</HI> but the greate&s;t part &s;he did &s;ay, <HI>Mrs. Stourton</HI> &s;aid, this was nothing but what &s;he expected before: This was the <HI>Tue&s;day</HI> after my Lord Duke came from <HI>Port&s;mouth;</HI> this was about <HI>Bartholomew|tide,</HI> in the fir&s;t year of King <HI>James</HI>'s Reign.</P>
</DIV3>
<DIV3 TYPE="testimony of witnesses">
<HEAD>Mrs. <HI>Stourton</HI> called in, to confront this <HI>Edith Saw|bride,</HI> and Examined.</HEAD>
<P>MRs. <HI>Judith Stourton</HI> &s;aith, that &s;he &s;aw <HI>Mrs. Sawbridge</HI> once in the Dukes Hou&s;e in St. <HI>James</HI>'s Square, and they talkt of the Slander of <HI>Germaine</HI> and the Dutch|e&s;s of <HI>Norfolk;</HI> &s;he &s;aith, &s;he the Witne&s;s, never heard <HI>Mrs. <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">awbridge</HI> &s;ay, that <HI>Mrs. Knifton</HI> &s;hould &s;ay, that <HI>Germaine</HI> lay with the Dutche&s;s every night at <HI>Wind&s;or;</HI> &s;he denies, that &s;he &s;aid to <HI>Mrs. Sawbridge,</HI> that &s;he expected to hear that before now; &s;he never &s;aid to Mrs. <HI>Sawbridge,</HI> Would you have me whipt at the Carts-ar&s;e; &s;he &s;aith, &s;he remembers not that <HI>Mrs. Sawbridge</HI> told her, that <HI>Mrs. Knifton</HI> &s;aid, that &s;he was afraid that her Throat would have been cut, when the Duke was at <HI>Port&s;|mouth;</HI> &s;he remembers not, that &s;he askt <HI>Mrs. Sawbridge</HI> the rea&s;on of <HI>Mrs. Kniftons</HI> fear, or that &s;he told her any thing of <HI>Mrs. Kniftons</HI> &s;aying, that <HI>Germaine</HI> had lain with my Lady eve|ry night at <HI>Wind&s;or;</HI> &s;he &s;aw <HI>Mrs. Sawbridge,</HI> and di&s;cour&s;ed with her, but &s;he cannot &s;ay what di&s;cour&s;e &s;he had with her.</P>
<P><HI>Mrs. Eliz. Camell</HI> &s;aith, that &s;he went with the Duke and Dutche&s;s of <HI>Norfolk</HI> into <HI>France;</HI> they went together very loving|ly, and parted &s;o; &s;he thinks the Duke &s;taid with her about a fortnight; the Dukes Eye was ill, and my Lady went often to him; and when &s;he did &s;o, we retired; my Lady dre&s;t his Eye, they eat and drank together every day, they did not lodge together that &s;he knows; my Lord told her at parting at the Grate in the Mona&s;tery, that he would fetch her away &s;uddenly, and they parted kindly; <HI>Mrs. Law&s;on</HI> was in the Mona&s;tery with the Dutche&s;s; the Witne&s;s continued there about &s;eventeen months; my Lord expre&s;t a great deal of kind|ne&s;s to my Lady in going, and while he was there; there were Tears on both &s;ides at parting: When my Lord and Lady were together in the Hou&s;e called <HI>L'Hotel de Terrau</HI> at <HI>Paris,</HI> we u&s;ed to withdraw, not knowing what they had to &s;ay together.</P>
<P><HI>Mr. Matthew Scott</HI> &s;aith, that he paid &s;everal Sums to the Dutche&s;s, from the Duke; in <HI>May</HI> 1688. he paid 125 <ABBR><HI>l.</HI></ABBR> for the Dutche&s;s, to <HI>Mr. Cragg;</HI> he paid 2 or 300 <ABBR><HI>l.</HI></ABBR> in <HI>France,</HI> when the Duke and Dutche&s;s were there; he cannot &s;ay, that he re|mitted any money into <HI>France,</HI> after the Duke came home; he knows not that any money <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> paid to <HI>Mr.</HI> <GAP DESC="illegible" RESP="pdcc" EXTENT="1 span"> <GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">|dy by the Dukes Order.</P>
<P><HI>Mr. Robert Welborne</HI> &s;aith, that about the middle <GAP DESC="illegible" RESP="pdcc" EXTENT="1 span"> <HI><GAP DESC="illegible" RESP="pdcc" EXTENT="4 letters">|ber</HI> la&s;t, the Duke of <HI>Norfolk</HI> &s;ent for him by <HI>Mr. S<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ot,</HI> <GAP DESC="illegible" RESP="pdcc" EXTENT="1 span"> his Grace in his Room, by the Lords Hou&s;e, which acc<GAP DESC="illegible" RESP="pdcc" EXTENT="3 letters">|ingly he did; his Grace told him, there had been &s;ome me<GAP DESC="illegible" RESP="pdcc" EXTENT="3 letters">|ges and propo&s;als, by Sir <HI>Robert Clayton,</HI> and Sir <HI>Robert H<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">war<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">&punc;</HI> but he lookt on them both to be men of great Bu&s;ine&s;s, and could not attend on &s;uch Matters, and therefore he &s;ent for him, knowing him to be willing, to do any Services between them. The fir&s;t thing his Grace de&s;ired, was to acquaint his Wife, and the Lady <HI>Peterborow,</HI> and he thinks he Named the Lord <HI>Peterborow,</HI> that he expected to be Indemnified from the Dutche&s;s's Equipage; for, &s;ays he, I hear &s;he is &s;etting up for a great Equipage, and I de&s;ire to be free from being obliged to pay for any of that; he told his Grace, that he thought he was mi&s;informed, for all the Equipage he &s;aw, was a Coach, Coach|man, two Foot-men, a pair of Hor&s;es, and two or three more Servants; but, &s;ays his Grace, I formerly paid Money for her, to one <HI>Mourton,</HI> and &s;hould be unwilling to do &s;o again; I pre|&s;ume my Lord Duke, &s;aid he, that was a Debt contracted, while your Grace and the Dutche&s;s lived together; but &s;ays his Grace, pray do you acquaint them of it, for this is what I expect.</P>
<P>Next, &s;ays his Grace, my Wife has &s;ome preten&s;ions upon <HI>Ca&s;tle-Ri&s;ing,</HI> which I could Sell without her Con&s;ent, by lo&s;ing Two Thou&s;and, or Two Thou&s;and Five Hundred Pounds; and be&s;ides, I find &s;he hath al&s;o a pretention upon <HI>Billing,</HI> which I never knew till very lately, when I was upon &s;elling of that Rever&s;ion; but, I &s;hould have been an ill man, to pretend to do that if I had known of any &s;uch Incumbrance. Therefore, I would have you tell my Wife, that if &s;he will con&s;ent to the Sale of tho&s;e E&s;tates, and make me ea&s;y in that particular; let her con&s;ider, wherein I may make her ea&s;y, and I &s;hall do it: I know &s;he was a great Lover of <HI>Drayton,</HI> and I &s;uppo&s;e is &s;o &s;till; and &s;he did once offer me a con&s;iderable Sum of Money for my Life in it; therefore let her con&s;ider of this matter, and if &s;he can propo&s;e any thing for her ea&s;e and quiet, on the&s;e Terms, I &s;hall comply with her.</P>
<P>I do not &s;ay to threaten her: But I am told, that for the Rea&s;on of there being either One and Twenty, or Two and Twenty <HI>Catholick</HI> Heirs of my Family before One <HI>Prote&s;tant</HI> One; if I would bring in a Bill of Divorce, I &s;hould obtain it on that account; he told his Grace he &s;hould be &s;orry to hear of any &s;uch thing: But in Obedience to his Grace's Commands, he would acquaint the Dutche&s;s with it; accordingly he did, the &s;ame day, and Lady <HI>Peterborow</HI> both: her Grace was very an|gry at the me&s;&s;age, e&s;pecially at that part that mentioned a Di|vorce; and he was &s;ent the next morning to Mr. <HI>Scott,</HI> to de&s;ire him to acquaint the Duke, that as he was my Lord <HI>Peterborow</HI>'s Servant, it was not fit for him to receive nor bring &s;uch me&s;&s;ages. But if his Grace had any thing to &s;ay, it was mo&s;t proper, by a Servant of his own, or to &s;end for one of hers. I carried the me&s;&s;age the next morning to <HI>Mr. Scott,</HI> and at my return home, the Dutche&s;s &s;hewed me a Letter &s;he had Writ to the Duke, to the &s;ame purpo&s;e, and which was &s;ent to his Grace, but not by him; the Dutche&s;s did declare, when he propo&s;ed the Sale of <HI>Ca&s;tle-Ri&s;ing</HI> and <HI>Billing,</HI> as the Duke had de&s;ired, that &s;he would never Con&s;ent to it. By any of this Di&s;cour&s;e it di<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> not appear to him, that the Duke &s;howed any Inclinations to live with the Dutche&s;s, nor did he under&s;tand it &s;o.</P>
</DIV3>
</DIV2>
<DIV2 TYPE="summation">
<PB REF="14">
<HEAD><GAP DESC="illegible" RESP="pdcc" EXTENT="1 span"> Judith Stour|<GAP DESC="illegible" RESP="pdcc" EXTENT="3 letters"> <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> Sawbridge, <GAP DESC="illegible" RESP="pdcc" EXTENT="5 letters">beth Camell, <HI>Mr.</HI> <GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">thew Scott, <HI>and Mr.</HI> Robert Welborne.</HEAD>
<P>THE Reader will find this Di&s;cour&s;e about Mr. <HI>Germaine</HI> and the Dutche&s;s, to be a Scandal of a matter of, Six <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ears &s;tanding; <HI>Hud&s;on,</HI> a Ca&s;t Footman, has &s;worn to the Shirt and Wa&s;tcoat, and that he immediately told my Lord of <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">t. <HI>Ann Burton</HI> &s;wears likewi&s;e (with another fal&s;e Oath be|ween her Teeth) that this Shirt and Wa&s;tecoat were &s;ent by <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">he Duke to the Lord <HI>Peterborows.</HI> It follows now to be noted, what cour&s;e has been taken from the Fir&s;t to the La&s;t, for a thorough Di&s;covering of the Truth of this matter, and how it comes to pa&s;s that the Thunder-bolt &s;hould hang in the Air, &s;o many Years, after the Breaking of the Cloud.</P>
<P>Mrs. <HI>Stourton</HI> is here upon her double Oath, fir&s;t under the Shrift of the Duke and my Lord <HI>Peterborow,</HI> who took her pri|vately and Adjured her, as ever &s;he hoped to &s;ee God in Hea|ven, to declare what &s;he knew as to the Dutche&s;s being an Adul|tre&s;s, &s;he purg'd her &s;elf upon her hopes of Salvation, that the Dutche&s;s was as Vertuous as any Woman alive for ought &s;he knew; &s;he &s;wore the &s;ame thing over again at the Bar of the Hou&s;e of Lords; and being Interrogated about the Shirt and Wa&s;tcoat before &s;poken of, &s;he &s;wore likewi&s;e, that &s;he &s;aw no Shirt or Wa&s;tcoat at that time.</P>
<P><HI>Edith Sawbridge</HI> was now produc'd again&s;t the Credit of Mrs. <HI>Judith Stourton,</HI> and lays the &s;tre&s;s of her Evidence upon what Mrs. <HI>Knifton</HI> &s;aid, which has been the very Pinch of the Que&s;tion throughout the whole Cau&s;e, and the Pro&s;ecution has &s;till been at a Fault when it came to any material Point; that is to &s;ay, only the Hear-&s;ay Witne&s;&s;es are produced, and tho&s;e that can &s;peak upon knowledge, and po&s;itively to the Fact, are withdrawn, or conceal'd, contrary to the Practice and Rea&s;on of all Judicial Proceedings.</P>
<P>Mrs. <HI>Stourton</HI> is called in again to confront <HI>Edith Sawbridge,</HI> and denies every Article in her Depo&s;ition, one by one, that is of any moment; but at the &s;ame time there appears no Excep|tion, on the other hand, to the Credit of Mrs. <HI>Stourton:</HI> Nei|ther is it to be imagined, that any woman &s;hould dare to &s;wear fal&s;e, in a Ca&s;e where two &s;uch Witne&s;&s;es &s;hould be privy to the Perjury.</P>
<P>It follows now to be noted, what Cour&s;e has been taken for a thorough Di&s;covery of this Intrigue, according to the u&s;ual Methods of Honour and Ju&s;tice. The Examination of Mrs. <HI>Stourton</HI> by the Duke and my Lord <HI>Peterborow,</HI> was as &s;olemn, &s;trict and private as the Ca&s;e requir'd; and it was while the Clamour was fre&s;h too: So that there was no time lo&s;t when they entered upon the Scrutiny. It will be &s;een in that which follows, by what degrees the Heat of this Calumny cooled, and what brought it on again.</P>
<P>The Duke and Dutche&s;s went for <HI>France</HI> together, about a Week after the Breaking out of this Clamour, and <HI>Elizabeth Camel</HI> waited upon the Dutche&s;s; who &s;wears, that they went lovingly together, and parted with Tears on both &s;ides; my Lord telling her Grace at Parting, that he would fetch her away &s;uddenly. They eat and drunk together every Day, and were frequently together in private; but &s;he cannot &s;ay they <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">odg'd together. So that thus far, in all outward Appearance, the Mi&s;under&s;tanding <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">e<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">ed in &s;ome mea&s;ure to be com<GAP DESC="illegible" RESP="pdcc" EXTENT="5 letters"></P>
<P>Mr. <HI>Scot</HI> &s;peaks only to the matter of Monies, and Accoun<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"> which is little or nothing to the purpo&s;e in this place, except on|ly as to the One Hundred Twenty and Five Pounds, menti|oned to be paid by him, for the Dutche&s;s's u&s;e; which was a Quarterly Payment out of Five Hundred Pounds <HI>per Annum,</HI> ad|judged and ordered by the High-Commi&s;&s;ion Court to be paid to her, in lieu of Almony.</P>
<P>But Mr. <HI>Robert Welborne</HI> comes to the very Merits of the Cau&s;e, and the pre&s;ent State of the Que&s;tion. He depo&s;es, that in <HI>November</HI> la&s;t the Duke &s;ent for him, and told him (among o|ther things by the by) that the Dutche&s;s had &s;ome Pretenti|ons upon <HI>Ca&s;tle-Ri&s;ing,</HI> and al&s;o upon <HI>Billing;</HI> and thereupon order'd the Witne&s;s to give her Grace to under&s;tand, that if &s;he would con&s;ent to the Sale of tho&s;e E&s;tates, and make the Duke ea&s;ie in that particular, let her but con&s;ider wherein he him&s;elf might make the Dutche&s;s ea&s;ie too, and upon tho&s;e Terms he would do it.</P>
<P>His Grace told the Witne&s;s farther, that here being One or Two and Twenty Catholick Heirs to the Family, before one Prote&s;tant Heir, if (&s;ays his Grace) I would bring a Bill of Divorce, (I do not &s;ay it to threaten her) I could obtain it on that Account. The Witne&s;s acquainted both the Dutche&s;s and the Lady <HI>Peterborow,</HI> the very &s;ame day with the &s;ub&s;tance of this me&s;&s;age, her Grace taking it very heinou&s;ly to be told of a divorce; and the next day the Dutche&s;s &s;hewed the Witne&s;s a Letter &s;he wrote to the Duke upon this Occa&s;ion; declaring, that for <HI>Castle-Ri&s;ing</HI> and <HI>Billing,</HI> &s;he would never part with them.</P>
<P>It appears from hence, that upon the Examination of <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">rs. <HI>Stourton,</HI> and o<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">her nece&s;&s;ary Enquiries into the ground of this Scandal, the violence of the fir&s;t Impre&s;&s;ion was &s;o far taken off, that according to the Evidence of <HI>Elizabeth Camel,</HI> m<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> Lord was plea&s;ed to treat the Dutche&s;s with all In&s;tances of Tender|ne&s;s and Re&s;pect, both upon their pa&s;&s;age into <HI>France,</HI> and upon the Places there, tho&s;e of the Bed only excepted. In this &s;tate matters have continued &s;ome five or &s;ix Years now, wi<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">hout any Speech or Thought of a Divorce, that ever the Dutche&s;s heard of till Mid-<HI>November</HI> la&s;t, in a me&s;&s;age by Mr. <HI>Wellborne</HI> from the Duke, and that was but upon a certain condition nei|ther, however it was improved afterwards into a Bi<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">l, that up|on the &s;eventh of <HI>January</HI> following was formally brought into the Lords Hou&s;e.</P>
<P>The Reader will need no other Light to a true under&s;tanding of the &s;trait her Grace was in, upon this Surprize, and the di&s;|advantages &s;he was expo&s;ed to, than what he has here before him, in the Order of the Journal it &s;elf: Where he will find the Dutche&s;s &s;o &s;canted for time to produce Witne&s;&s;es, and prepare her defence, that it was a wonderful Pro idence &s;he &s;hould do &s;o much as &s;he did. Though in the mean while, her Grace has lo&s;t the benefit of &s;everal con&s;iderable Witne&s;&s;es, for want of time to find them out, and bring them together. Now as for Mr. <HI>Wellborne</HI>'s Depo&s;ition, it carries the Countenance rather of a Treaty than an Accu&s;ation; the Duke's part is only a calm de|liberate di&s;cour&s;e, con&s;ulting the Reciprocal Ea&s;e both of him&s;elf and of the Dutche&s;s. Terms are propo&s;ed and promi&s;ed, and not one Word or Glance of Reproach from one end to the other of it. Mr. <HI>Welborne</HI> (upon the Duke's asking him, at the Lords Bar, if by his di&s;cour&s;e he under&s;tood an Inclination to live with the Dutche&s;s) 'tis true, did not gather from his words, as if he had any thought of living with her; the only hard thing &s;ai<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">&punc;
<PB N="20" REF="15"><GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">s t<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">a<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> about his Catholick Heirs, <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">hich &s;eem'd to turn the <GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">&s;e of Adultery into a Ca&s;e of Religion. Let any Creature judge now, whether the Dutche&s;s dur&s;t to have &s;tood it out thus, if &s;he had been guilty of &s;o foul a Crime, when &s;he might have been &s;afe and free, as appears by the Propo&s;al, upon Terms &s;o much more ea&s;y.</P>
<P>To make a &s;hort Summary now of the Whole, a Word fir&s;t to the Character and Quality of the Witne&s;&s;es.</P>
<P>There is <HI>Owen,</HI> a Street-Porter, brought in as a Witne&s;s to the Privacies of the Dutche&s;s's Bed-Chamber, be&s;ides &s;everal un|an&s;werable Exceptions to the Particulars of his Evidence. There is <HI>Ellwood,</HI> a Cobler's Wife, and a Jilting little Slut, that's as palpably detected of Fal&s;ity, as the other. <HI>Hud&s;on,</HI> a poor Ro|guy, Tricking Footman, that was turned off for his ill Bahavi|or. <HI>Burton,</HI> a beggerly Wench, that cheated her Landlady, and for&s;wore her &s;elf in this Cau&s;e at the Lords Bar: <HI>Varelst,</HI> a Pain|ter, and by Intervals, a Madman: <HI>Fo&s;ter,</HI> a Coachman that was turn'd off by his Ma&s;ter, and &s;wore to be reveng'd of him. <HI>Lloyd,</HI> under &s;everal manife&s;t mi&s;takes, but nothing to the main Cau&s;e. <HI>Scriber, Ander&s;on, Hemming, Reynolds,</HI> and <HI>Margaret Fo&s;ter,</HI> &s;ay not one word to the purpo&s;e: <HI>Wad&s;worth,</HI> a pilfering Servant, that robb'd her Mi&s;tre&s;s, and her Evidence mo&s;t notoriou&s;ly ex|pos'd.</P>
<P>Now, <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> the&s;e <GAP DESC="illegible" RESP="pdcc" EXTENT="1 span"> of their own Cre<GAP DESC="illegible" RESP="pdcc" EXTENT="3 letters"> <GAP DESC="illegible" RESP="pdcc" EXTENT="1 span"> <GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">ny'd to have a fa<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"> <GAP DESC="illegible" RESP="pdcc" EXTENT="1 span"> very extraordinary, <GAP DESC="illegible" RESP="pdcc" EXTENT="1 span"> their Depo&s;ition<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> <GAP DESC="illegible" RESP="pdcc" EXTENT="1 span"> the Pro&s;ecutors <GAP DESC="illegible" RESP="pdcc" EXTENT="1 span"> &s;econd the &s;wear<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ng <GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">idence: Tho' it is &s;ufficiently <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> they could have &s;ound them if they would have ve<GAP DESC="illegible" RESP="pdcc" EXTENT="4 letters"> <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> Cau&s;e upon that &s;tre&s;s. It is to be con&s;idered once m<GAP DESC="illegible" RESP="pdcc" EXTENT="3 letters"> <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> a difference there has been, betwixt the demeanour of the <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> &s;ide and the other, towards the Evidence. What Promi<GAP DESC="illegible" RESP="pdcc" EXTENT="3 letters"> <GAP DESC="illegible" RESP="pdcc" EXTENT="4 letters">|teries, and engaging Obligations on the one hand, and not <GAP DESC="illegible" RESP="pdcc" EXTENT="1 span"> as one word or deed, directly or indirectly, that looked like <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> <GAP DESC="illegible" RESP="pdcc" EXTENT="3 letters">|ctice or Prepo&s;&s;e&s;&s;ion on the other part of the Dutche&s;.</P>
<P>Let this be taken in the &s;ofte&s;t &s;en&s;e, for it is a great <GAP DESC="illegible" RESP="pdcc" EXTENT="6 letters">|tune, when officious In&s;truments that, are foreward to <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> Scandals, meet with ea&s;ie and good natur'd Di&s;po&s;ition<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">&punc; that are too open perhaps to receive them. This <GAP DESC="illegible" RESP="pdcc" EXTENT="1 span"> in &s;ame mea&s;ure, to remove the prejudice of tho&s;e that <GAP DESC="illegible" RESP="pdcc" EXTENT="1 span"> willfully Deaf and Blind; and for the re&s;t, it is left to <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> and Providence to bring the Truth to light in its du<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> and to vindicate the Cau&s;e of the Innocent and Oppre&s;&s;ed.</P>
<TRAILER>FINIS.</TRAILER>
</DIV2>
</DIV1>
<DIV1 TYPE="advert for face powder">
<HEAD>ADVERTISEMENT.</HEAD>
<P>THat famous <HI>Powder,</HI> called <HI>Arcanum Magnum,</HI> formerly prepared by the Learned <HI>Riverius,</HI> P<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">+&s;ician Regent to the <HI>French</HI> King, and approved by mo&s;t Per&s;ons of Quality in <HI>Chri&s;tendom,</HI> <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> pre&s;erving and beautifying the <HI>Face;</HI> it takes away all Heat Pimples, Sun-burnt, and M<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">+phew. In &s;hort, it adds more <HI>Lu&s;tre</HI> and <HI>Beauty,</HI> than any <HI>Powder</HI> or Wa&s;h known, as many Per&s;on<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> Quality can te&s;tifie, who daily u&s;e it with the greate&s;t Approbation; it is prepared only by <HI>J. H.</HI> Do<GAP DESC="illegible" RESP="pdcc" EXTENT="3 letters"> in Phy&s;ick, in <HI>Great Knight Riders-&s;treet,</HI> near <HI>Doctors Commons gate,</HI> a <HI>Blew Ball</HI> being over the Do<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"> where it may be had for 2 <ABBR><HI>s.</HI></ABBR> 6 <ABBR><HI>d.</HI></ABBR> the Paper, with Directions for the U&s;e.</P>
</DIV1>
</BODY>
</TEXT>
</EEBO>
</ETS>
