THE PROCEEDINGS Before the House of Lords, Between the Duke and Duchess OF NORFOLK, etc.   

His GRACE the Duke of Norfolk's CHARGE Against the DUCHESS, BEFORE THE House of Lords, AND THE Duchess' Answer. With the Depositions at large, of the Witnesses that were Examined on both Sides.  
LONDON, Printed in the Year, 1692.   

The Charge which Henry Duke of Norfolk, Earl Marshal of England, doth Exhibit against his Wife Mary, Duchess of Norfolk, before the Lords Spiritual and Temporal, in Parliament Assembled, (pursuant to their Lordship's Order of the 14th of January, 1691.) Is for the Crime of Adultery.  
THE Person Charged to commit the said Crime with the said Duchess, is one German of the Parish of St. Margaret's Westminster. The Times and Places where the said Crime was committed, were at White-Hall, in the Months of June, July, and August, some or one of them in the Year 1685. At Windsor in the Months of July, August, or September, some or one of them in the said Year, 1685. In the Parish of St. Margaret's Westminster, March, April, May, June, some or one of them in the Year of our Lord 1690. And in the said Parish of St. Margaret's Westminister, in the Months of July, or August 1690. In the Parish of Lambeth, in the County of Surry, in the Months of May, June, July, August, some or one of them in the Year 1691.  
Served by Thomas Bowen, 19 January, before Six of the Clock. Norfolk & Marshal.   

THE DEPOSITIONS OF THE DUKE'S Witnesses That were Examined.  
ROwland Owen saith, that Mr. Reymer about Six Years since, being the Duke of Norfolk's Butler, ordered him to carry the things out, the Lodgings being open, he saw Mr. german in Bed with the Duchess of Norfolk; the Duchess leapt out of the Bed, and put on a Morning Gown, and German hid himself in Bed, this was between five and six of the Clock in the Evening, about a fortnight before Bartholomew-Day; he did not tell the Duke, he is sure it was German, he saw him often, twice or thrice a day, the outward door of the Lodgings were shut, but he opened it with a Key he had.  
MArgaret Ellwood saith, she had a Company to see the Lodgings at Windsor, in the first Year of King James, about three or four of the Clock in the Afternoon, a Woman told her my Lady was not there, but she opening the door, saw my Lady upon the Stools in an ill Posture, Mr. Germaine's Breeches were down, he pulled them up, and laid his hand on his Sword, saying, God Damn you for a Whore, how have you the Impudence to come here? my Lady bid him kick me down, he scattered some concerns, that is, Man's Nature on the Board's. She saw no Nakedness but her Knee, or a little above; another time after, she found Germaine's Handkerchief and Ruffles in my Lady's Bed; my Lady's Woman said, there was Germain's Name upon them. Another time she saw Mr. Cornwall let Mr. German out of my Lady's Closet; She saw Germains Legs within hers when she came the first time into the Room, and his Breeches were about his heels: The first time was in Bartholomew-Fair time, Mrs. Knifton told her, it was Germains Linen.  
THOMAS Hudson saith, That the Duke of Norfolk being at Portsmouth, he was Butler at Windsor, when German, the Duchess, and Cornwall went to Play, German sent his Footman for clean Linen, which he brought next Morning. Mrs. Gwyn said to the Duchess, the Dog would have lain with me, but she would not lie with the Dog where the Deer laid, for she knew my Lady Duchess would accept of him; after that, he saw a Shirt and Waistcoat in the Closet, which my Lady's Woman, and Ann Burton took away. My Lord being absent, we murmured amongst ourselves, that my Lord was wronged, I told my Lord, whereupon my Master Cragg had me to Lord Peterborough's Lodgings, and threatened me, that he would prefer me to his Brother Richards, who turned me off in Germany; this was he thinks in December or September, 1685 Mrs. Gwyn spoke this in the Green-Room, and he was in a Closet hard by, and the Door open, and so heard it.  
AND Burton saith, She was Servant to the Duke and Duchess of Norfolk, when the Duke was gone to Portsmouth, she was at Windsor; and my Lady went to London with German, when my Lady came home, after Supper, she was in great haste to go to Bed, when she was Undressed, she said she would Lock us out, because she would not be disturbed before Eleven a Clock the next Morning, though the King or Queen should come: Hudson told her, German was still in the House, whereupon we laid Chairs on the Back-stairs, that we might hear him if he came down; the Chairs were not removed next Morning, when Germains Man came with the Linen, he said, his Master was there. My Lady ordered a Fire to be made in my Lord's Room, where, when she was come, Mrs. Nelly Gwynn came in, and asked her, how she liked her Night's Rest, and being asked for German, she said, she knew nothing of him. My Lady complaining of her Hair being out of Order, Nelly answered, it was a hot Night with her, enough to put her Hair out of Powder and Curl too: Presently after Cornwell came in and asked for German, and my Lady saying, she knew nothing of him, Nelly Gwynn said, I question not but he will come out by and by like a drowned Rat; with that whilst I was cleaning the Dining Room, Mrs. Kifton called me, and showed me in the Closet, Germans Shirt and Waistcoat; and afterwards, making my Lady's Bed, saw there were two Prints had laid, the Shirt and Waistcoat were sent by the Duke to the Lord Peterboroug, she saith she is a single Woman, and was never Married, this was about Bartholomewtide about six Years since, she supposes the Bed was stained both by a Man and Woman.  
SImon Varelst saith, that he was at Windsor to draw the Duchess of Norfolk's Picture about six Years since, and had the Duke's Closet to put his Pictures in; when he had done, and had been at home two or three days, German came to him much concerned, and said, you can do the Duchess an extraordinary kindness, & will oblige the Lord and Lady Peterborough in the highest degree; then he showed me a Letter from the Duchess to me, and read it to me, before that he told me there was a Shirt and Waiscoat, and they are known to be his. He said, I desire you to save the Duchess Honour, I desire that you will be so much a Gentleman, as to own them to be yours, and that you left them there. I answered, I was much concerned there should be such a trouble, but I desired to be excused, I could not do it without prejudice. He told me, the Lord and Lady Peterborough had discoursed the Duke of Norfolk upon it, and if it were but my Linen, their discourse had wrought so much on him, that if there came but any Evidence to assist them, he would leave off the Pursuit: I refusing still, he offered me a Purse of Gold, and told me, I should have my Fortune by it, but I still refusing Mr. German, he went away very much discontented, my own Wife being in the next Room, overheard the discourse between German and me, and told it, and spoke of it, else I had not been here now.  
THOMAS Foster saith, that he was Coachman to Mr. German, and carried the Duchess of Norfolk often, about two Years since in his Coach, and brought her home, and the Footmen have had four Half-Crowns given them, and Martin a Dutchman his helper, called it Hush-Money. It was by Night against a Light, that he saw her Face in the Coach, it was about Seven or Eight of the Clock at Night, about this Time a Year he hath seen her Face once in the Daytime, she looking out of a Sash-Window two Stories high in Germain's House in Park-Street, he knows her Face well enough; he hath seen her before, and since she was Married.  
EDieth Sawbridge saith, that the Tuesday following, this unhappy Discourse concerning the Duchess of Norfolk, Mrs. Sturton came into her Chamber, and she telling her what had happened at Windsor, Mrs. Sturton replied, this was nothing but what she expected before now; the Witness replied, that if she the Witness had been as near the Duchess as the said Mrs. Sturton, she would have prevented all this, to which Mrs. Sturton said, would you have had me whipped at the Carts-Arss; The Discourse we had, was, that Mrs. Knifton told her, when I came from London, on Friday Night, that she told me she was glad I was come, for she expected her Throat to be cut every Night since my Lord Duke went to Fortsmouth, I asked her the Reason of her Fear, she answered, german had said with my Lady Duchess ever since my Lord Duke went to Portsmouth, that when he came Home, he would hear of it, and he would kick her for a Bawd; and if she should tell my Lord, german would cut her Throat: I bid her have a Care what she said, for these were dangerous Words, how can you prove this, she said, it was very true, the Witness ask her (Mrs. Knifton) how she knew this, she said, german instead of going Home, went into the Closet; The Witness cannot say that she said all this to Mrs. Sturton, but the greatest Part she did say; Mrs. Sturton said, this was nothing but what she expected before, this was the Tuesday after my Lord Duke came from Portsmouth; This was about Bartholomewtide, in the First Year of King James' Reign.   

Her Grace the Duchess of Norfolk's Answer to the Lords in Parliament, against a Divorce.  
I MARY, Duchess of Norfolk, under Protestation, that the pretended Charge of Adultery against me▪ in the Honourable House of Peers, was and is generally Insufficient, and such as I humbly conceive, I am not bound by Law to give answer unto; yet knowing my own Innocency, and that I am not guilty of the pretended Crimes, (this Protestation being showed to me) I shall and do under the Matters and Qualifications hereafter Mentioned, answer, and say, hereby affirming that having been married to his Grace the Duke of Norfolk for near Fifteen Years, he never did (till the pretended Charge given against me) in the least pretend or intimate unto me that I had injured his Bed, but did always Treat me with great Kindness and respect: About the Year 1685, at his Request and Desire, I did go with him from London to France, and there continued with him some Time, where his Grace being under an Indisposition, and continuing so for some Time, he showed so great Affection to me, and put so great Trust and Confidence in me, that all such things as were administered to him, in Order to his Recovery, he did not, none would receive any of them, but what came from my Hands, and did with great Care attend him; and being recovered, he told me, his Occasions required him to go for England, but he would return to me in France in some short Time, and bring me home for England; and at his parting with me, he showed great Affection to me, with Tears in his Eyes, said, he had a Thousand Pardons to ask me, desiring my Patience, and that I should return into England to him in some short Time; and after his Grace's return into England, he having Notice from me, that my Lodgings was inconvenient, and desiring his Leave to change the same, he wrote me Word, very affectionately, that God forbid he should constrain me to any Inconveniency, and left me to my Liberty therein; before his Parting with me in France, as a Testimony of his Love and Affection to me, he ordered 400 Pounds Yearly to be paid me out of his own Estate, by Quarterly Payment, over and above the separate Maintenance settled upon me by my Father, upon my Marriage with him, and that after his Arrival in England, he made several Visits to my Mother, the Countess of Peterborough, and with great Observance and Respect, asked her Blessing, and told her, that he had left me well and safe in France, and then said, his own Debts were pressing upon him, that if her Daughter (meaning myself,) would consent that the Manor of Drayton and other Estates should be settled on him, and his Heirs, he should thereby be made a happy Man; and I coming into England, his Grace having put off House-keeping and dwelling in the Countess of Peterboroughs Lodgings in St. James' for about Two Years; and in Suing him for Alimony, the said Four Hundred a Year not being paid unto me, he did not during that Suit, object any Crime against me, which had been proper for him to have done to avoid any Alimony, if I had been guilty; and I the said Mary, Duchess of Norfolk, being at Drayton in Northamptonshire, his Grace did write very Affectionately unto me, and that Disturbances happening in Northamptonshire, and those Parts in November 1688, I left Drayton, and with the Consent of the Duke, went beyond Seas, and there continued until sent for by my Father and Mother, and then returned to England, which was in or about Octob. 1691. with the Duke's consent, and then application being made to me, by the Duke my Husband, to join with him in the Sale of Castle-Rising, and other Estate, I being advised that would be injurious to me, would not join therein, which I humbly apprehend to be the true Cause and occasion of this proceeding against my Honour, on the Duke my Husband's part.  
And I the said Mary, Duchess of Norfolk, adhering to my Protestation of my Innocence, and denying that I am guilty of the pretended Crime charged against me, and being unwilling to Impeach my Husband of any Crime whatsoever, yet being advised, that by the Laws of the Land, a Husband Suing a Divorce for the Adultery of his Wife, he ought not to obtain any sentence of Divorce if he be proved guilty of the same.  
Wherefore, the Respondent doth aver, and is ready to prove, that the Duke her Husband, was, and is guilty of the Adultery, and hath continued in the course of Adultery for this Ten years' last passed, and doth so continue.  

My Lords,  
IT is Misfortune and Dishonour enough to be thus Accused, I had rather stand charged for High-Treason before your Lordships, than with this Ignominious Crime: in the Charge for High-Treason, the manner of Trials, the ways of Proceedings are known, so is the Punishment in this Case against me.  
Your Lordships are now creating New ways of Proceeding against me, and a New Law to Punish me, and this for a Crime supposed, and alleged, and to be committed near Seven years passed in another Reign after public Indemnity in the Session of Parliament; many sit of the Parliament, and dissolution of others, without mentioning this Crime against me: My Councils are to seek how to Advise my Defence in the Proceeding, being altogether strange and without Precedent or Example.  
I find my Prosecution now to be very violent, and the Proceeding very swift upon me, having had but one night to prepare my Answer to this general Charge. I do in this place publicly 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 charged against me: I hope (being thus accused) I may without Vanity, and Vainglory, say, what is well known, that I am not only the Lord Duke of Norfolk's Wife, but also Born and Descended from Parents and Ancestors of the Ancient Nobility; and that your Lordship's Ancestors, and my Ancestors, who Sat in this House, knew no such Proceeding, it is with regret that I bring this Answer for myself and against my Husband, being my Defence, I hope you will excuse me.  
And if your Lordships shall in your great Wisdom proceed farther in this Matter, I hope, and do most humbly Pray, that I may hereafter have convenient time to make my Proofs, and full Defence, and then I doubt not of your Lordship's Justice for as much as for my Husband, who sits and Votes with your Lordships.  
Marry Norfolk.    

The Depositions of the Witnesses on the behalf of Her Grace the Duchess of Norfolk.  
ALexander Herman, saith, that he served Mr. German, he hath left his service a year and a half, about eight Weeks after he came from Ireland with the King; He served him a Year and a half, Mr. German was in Ireland with the King, in the Summer, in the Year 1690. He went to Ireland two days before the King that Summer, he continued there Four Months, he believes he went the last of May, or the last of June; He came back with the King, he the Witness served him all that time in Ireland, and saw him every hour and every day, and never stirred from him from Ireland he came in the same Ship with the Lord Villiers the Earl of Manchester and Mr. Felton, and he went to Ireland in the Monmouth Yatch with the Envoys of Holland and Brandenburg, and the Marquis Mampevillion; He saith, Mr. german was at Brussels in Flanders in May last, he saw him there, and speak with him there, he saw the Lord Villiers and the Lord Lumley there with him, he Lodged with him in the same Tavern, there with him for four days, and saw him not after; He the Witness coming then for England left him there; He never known him wear his own Hair, his own Hair is dark Brown, he never knew him appear abroad without a Wigg, his Hair is about half a Finger long, he wore a Fair Wigg, he saith, he the Witness was Quartered in a place behind him in Ireland, he could not stir but he heard him; he saith, that Four Weeks after he saw him in Brussels, he saw him walking in St. James' Park▪  
ANthony Moor saith, he was Barber to Mr. German, the first time he shawed him was five or six Years since, his own Hair is Brown, he shaved his head very often, he shaved him before he went to Holland, and since he came home, he never saw his Hair long enough to cover his Ears, nor saw him ever wear his own Hair but a Periwigg, he shaved him for a Year and a half before, and since he went for Ireland, he shaved him always at his house near the Park, he or his man shaved him ever since he came from Holland to this day, he or his man shaved him the night before the King went for Holland; he saith, that Mr. German when he went away, said it would be a Month or two before he should come back, but he knew not how long it was. This was at his house next door to the Cockpitt, he shaved him Yearly since the King came into England, he saith, the Campaigne was almost done when he first shaved him after he came from Flanders.  
GRace Cook says, that she knows Jane Wadsworth, she hath lived near her Four Years, she came into the Witnesses house with a paper in her hand, and asked her who left it, saying, she knew nothing of it; She said, that she had said, that she had seen the Duchess of Norfolk in Master Germans House, but she had not seen her a great while, and now that she had seen her, she was satisfied that it was not her, and she wished that she might burn in the Fire, and never go home to her Children, if she would take her Oath of it: The Paper was to warn her to this house, it was the first night that the Papers came out that she said this, Hosea Grimes, John Hall and Margaret, were present when she said this, she saith, she lives next door but one to Jane Wadsworth.  
JOhn Hall saith, that he hath known Jane Wadsworth above a year, about a Fortnight since she came into Mrs. Cooks with an Order in her hand, but knew not who left it, and said she could say nothing to it, Mrs. Cook saying again, you must say something to it, else you had not had this Order from the House; then she said she had been at the Duke of Norfolk's and had told the Duke that she had chanced to go into Captain Germanies for a Pint Pott, and she said she chanced to see the Duchess of Norfolk, but she said she might be mistaken, for she had not seen her in seven Years before, but she had seen her once or twice since she came from France, and that was none of the Duchess of Norfolk which she saw in Captain Germanies Stairs, whereupon Hosea Grimsley ask her if she was sure it was not she, she said she was sure it was not she, wishing that she might Burn and never go home to her Children if she would Swear it, for she could not swear it. Hosea Grimsley, Grace Cook, and two other women were present in Grace Cooks house when this discourse happened, which was the very night the Order came out, he saith, he wrought in Mr. Germanies' house, he saw twice or thrice Ladies there in Masks, one of the Ladies in the Mask gave Orders to take down a partition, she was reported to be Captain Germans Sister.  
MArgaret Coney saith, that she knows Jane Wadswort●▪ who come into Mrs. Cooks the first time she was Subpenaed, and asked her who left the Paper in her hand for her, she went to Mr. Germain●s for a Pot, she thought she saw the Duchess of Norfolk there, but she saw her since her coming from France, and she was well satisfied it was not her, and wished she might neversee her Children, and Burn if ever she saw her there.  
ALexander Herman saith, that he knoweth Jane Wadsworth well, he never had any Discourse with her concerning the Duchess of Norfolk's, being in Mr. Germans house, he saith, he hath drunk often at Wadworths' house, but he never had any Discourse with her concerning the Duchess of Norfolk, nor never saw this Woman in his Master's house in all his life, he waited on his Master at Table, and in his Chamber all the time of his service, which was a Year and a half, he never saw a Lady in a Mask in his Master's house.  
Marry Pennington saith that she knows Jane Wadsworth, she was her Servant, but not long, for she was not honest, she the Witness being gone out, at her return, she met her going away with her the Witnesses Linen and her Husbands Bundled up, this was about a 11 Years since.  
FRances Knight saith, that she knoweth not Jane Wadsworth, nor never Discoursed with her, nor never saw her at Master Germans house, nor did the Witness ever carry any Letters thither.  
JVdith Stourton saith, that she was Servant to the Duchess of Norfolk when the Report was of the Duchess and Mr. german, which was about a week before the Duke and Duchess went to France, she was asked by the Lord Peterborough in the presence of the Duke of Norfolk in the Duke's house in St. James' Square (where they shut the Door) as she would answer it before Almighty God, if she did not know whether his Daughter was an Adulteress? Her answer was, as she hoped to see God in Heaven, the Duchess was as Virtuous as any woman alive, for aught I know, she saith, that what she then said is true, and if she should pretend to say any other, she should wrong herself, she saith, that no one was present beside the Lord Peterborough and the Duke, when they Examined her, and that she saw no Shirt or Waistcoat at that time, and that she doth not Remember that she said to Mrs. Webb any thing concerning the Duchess and Mr. German, and thinks she never spoke with Mrs. Webb, and she was not at Windsor when the Duke was at Portsmouth, she saith, there was a Report of Scandals which she was sorry for.  
ELizabeth Camel saith, that she went with the Duke and Duchess of Norfolk into France, they went together very lovingly, and parted so, she thinks the Duke stayed with her about a fortnight, the Duke's Eye was ill, and my Lady went often to him, and when she did so we retired, my Lady dressed his Eye, they Eat and Drank together every day, they did not Lodge together that she knows: My Lord told her at parting at the Grate in the Monastery, that he would fetch her away suddenly, and they parted kindly, Mrs. Lawson was in the Monastery with the Duchess; The Witness continued there about 13 Months, my Lord Expressed a great deal of kindness to my Lady in going, and while he was there, there were Tears on both sides at parting; when my Lord and Lady were together in the house called, Loten de Tarran at Paris, we used to withdraw, not knowing what they had to say together.  
MAtthew Scot saith, that he hath paid several Sums to the Duchess from the Duke in May 88, he paid 125 l. for the Duchess to Mr. Cray, he paid 2 or 300 l. into France when the Duke and Duchess was there, he cannot say he remitted any Money into France after the Duke came home, he knows not that any Money was paid to Mr. Morton for my Lady by the Duke's Order.  
MRs. Judith Stourton (Examined before on the Duchess behalf) saith that she saw Mrs. Sawbridge once in the Duke's house in St. James' Square, and they talk of the Scandal of Mr. german and the Duchess of Norfolk; She saith, she the Witness never heard Mrs. Sawbridge say that Mrs. Knifton should say, that Mr. german laid with the Duchess every night at Windsor, she denys that she said to Mrs. Sawbridge that she expected to hear of that before now, she never said to Mrs. Sawbridge, would you have had me whipped at the Cart's Arse, she saith, she remembers not that Mrs. Sawbridge told her that Mrs. Knifton said, that she was afraid that her Throat would have been cut when the Duke was at Portsmouth, she Remembers not that she asked Mrs. Sawbridge the Reason of Mrs. Kniftons' fear, or that she told her any thing of Mrs. Kniftons' saying, that Mr. german laid with my Lady every night at Windsor, she saw Mrs. Sawbridge and Discoursed with her, but she cannot say what Discouse she had with her.  
FINIS.