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<DATE>2009-01-19</DATE>
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<NAME>Megan Marion</NAME>
<RESP>MURP</RESP>
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<EEBO>
<IDG S="marc" R="UM" ID="A75778">
<STC T="W">A415</STC>
<BIBNO T="oclc">38875499</BIBNO>
<VID>152161</VID>
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<TEXT LANG="eng">
<FRONT>
<DIV1 TYPE="title page">
<PB REF="1" MS="y">
<P>AN ACCOUNT OF THE TRYAL OF <HI>Charles Bateman,</HI> Chirurgeon, FOR High-Trea&s;on, IN CONSPIRING <HI>The Death of the late King</HI> And the Subver&s;ion of the Government, <HI>&amp;c.</HI> Who was Tryed and found Guilty, at <HI>Ju&s;tice-Hall</HI> in the <HI>Old Bayly,</HI> on the 9th. of <HI>December,</HI> 1685.</P>
<P>THE TRYALS OF <HI>John Holland</HI> and <HI>William Davis,</HI> For Con&s;piring again&s;t, violently A&s;&s;aulting, and without any warrant|able Cau&s;e, Impri&s;oning <HI>William Chancey,</HI> Citizen and Mercer of <HI>London;</HI> to ex|tort a Sum of Money from him; who were Tryed and found Guilty at <HI>Ju&s;tice-Hall</HI> in the <HI>Old-Bayly,</HI> on the 10th. of <HI>December,</HI> 1685.</P>
<P>As al&s;o Tryals of <HI>John Holland, William Davis,</HI> and <HI>Agnes Wearing,</HI> for a Notorious Burglary and Felony, Committed in the Hou&s;e of <HI>Leonel Gat|ford,</HI> a Mini&s;ter in <HI>Lime-&s;treet, London,</HI> and &s;tealing Plate, Money and Rings, to the value of 300 <HI>l.</HI> who were Tryed and found Guilty, at <HI>Ju&s;tice-Hall</HI> in the <HI>Old-Bayly,</HI> on the 11th of <HI>December.</HI> 1685.</P>
<P><HI>LONDON,</HI> Printed for <HI>D. Mallet,</HI> MDCLXXXV.</P>
</DIV1>
</FRONT>
<BODY>
<DIV1 TYPE="trial account">
<DIV2 TYPE="trial">
<PB REF="2">
<PB N="1" REF="2">
<HEAD>THE TRYAL OF <HI>Charles Bateman</HI> Chirurgeon, FOR High-Trea&s;on: And <HI>John Holland, William Davis,</HI> and <HI>Agnes Wearing,</HI> for a Notori|ous Felony and Burglary.</HEAD>
<P>THE <HI>Se&s;&s;ions</HI> of Peace, <HI>Oyer</HI> and <HI>Terminer,</HI> and Goal Delivery of <HI>Newgate,</HI> for the City of <HI>London</HI> and County of <HI>Middle&s;ex;</HI> be|ginning at <HI>Ju&s;tice Hall</HI> in the <HI>Old Bayly,</HI> on the 9th. of <HI>Decem|ber,</HI> 1685. <HI>Charles Bateman,</HI> again&s;t whom, an Indictment of <HI>High-Trea&s;on</HI> had been found, for Con&s;piring the Death of the late King, <HI>&amp;c.</HI> was brought in the Cu&s;tody of the Keeper of <HI>Newgate</HI> in order to his Arraignment; and being ordered to hold up his hand, he de&s;ired that he might fir&s;t &s;ay &s;omething for him&s;elf, in order to put off his Tryal, but was told by Mr. <HI>Recorder,</HI> he mu&s;t plead before he could be heard; whereupon de&s;iring to know whether he might have the &s;ame advan|tage after his pleading as before, as to gain longer time for his Tryal, and being an&s;wered he might, he held up his hand, and then the Indict|ment was read:</P>
<P>Mr. <HI>Bateman</HI> pleaded not Guilty, and de&s;ired his Tryal might be put off, &s;aying, <HI>He was not prepared to make his Defence,</HI> and therefore prayed a longer time, &s;aying, <HI>He had been clo&s;e Pri&s;oner for the &s;pace of ten VVeeks, and was over and above very much indi&s;po&s;ed;</HI> and further alledged, <HI>he had had no Notice nor any Pannel of the</HI> Jury; as for notice of Tryal, he was an&s;wered, that it was not u&s;ual to give any in that Court, but that he ought to have expected it, and prepared for it accordingly, and as for the Pannel it was not denyed him; then he prayed a Coppy of the Indictment, but was told it could not be al|lowed; and upon his further alledging his unpreparedne&s;s and no notice of Tryal, and the like, the King's Council urged that he had opportu|nity enough to take notice of his Tryal, for that it was upon an Indict|ment of the precedent <HI>Se&s;&s;ions:</HI> Then he asked what time he might have between his Arraignment and Tryal, and was an&s;wered, as much as would &s;tand with the conveniency of the Court; and after &s;everal hours
<PB N="2" REF="3">
Re&s;pite, he a &s;econd time was brought to the Bar, and then upon his humble reque&s;t, Pen, Ink, and Paper was allowed him and his Son to a&s;&s;i&s;t him; and then were &s;worn to try the I&s;&s;ue,
<LIST>
<ITEM><HI>Richard Aley</HI> <ABBR>E&s;q</ABBR></ITEM>
<ITEM><HI>Richard Williams</HI></ITEM>
<ITEM><HI>John Cannum</HI></ITEM>
<ITEM><HI>Patrick Barret</HI></ITEM>
<ITEM><HI>John Palmer</HI></ITEM>
<ITEM><HI>James Raynor.</HI></ITEM>
<ITEM><HI>Edward Rhedi&s;h</HI></ITEM>
<ITEM><HI>George Lilburn.</HI></ITEM>
<ITEM><HI>Daniel Fouls</HI></ITEM>
<ITEM><HI>Peter Floyer</HI></ITEM>
<ITEM><HI>Lawrence Cole</HI></ITEM>
<ITEM><HI>John Cooper.</HI></ITEM>
</LIST></P>
<P>And he making no exceptions to them, then the Indictment was read.</P>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="indictment">
<HEAD>The Jurors, <HI>&amp;c.</HI></HEAD>
<P>THAT <HI>Charles Bateman,</HI> late of the Pari&s;h of St. <HI>Dun&s;tans</HI> in the <HI>We&s;t,</HI> in the Ward of Farringdon without, <HI>Lond.</HI> Chirurgeon, as a fal&s;e Traytor, again&s;t the mo&s;t Illu&s;trious and Excellent Prince, <HI>Charles</HI> the Second; late King of <HI>England, Scotland, France</HI> and <HI>Ire|land,</HI> Defender of the Faith, and his Natural Lord; not having the fear of God in his Heart, nor weighing the Duty of his Allegience; but being moved and &s;educed by the in&s;tigation of the Devil, the Cordial Love, and true Due and Natural Obedience, which a true and Faithful Subject of our late Lord the King, towards him &s;hould, and of Right, ought to bear, alto|gether withdrawing and Practi&s;ing, and with all his &s;trength, intending the Peace and common Tranquillity of this Kingdom, to di&s;quiet, and di&s;turb, and War and Rebellion again&s;t our late Lord the King, within this King|dom to flir up, move, and procure, and the Government of our late Lord the King, of this Kingdom to &s;ubvert, and our &s;aid late Lord the King, from the Stile, Title, Honour, and Kingly Name, of the Imperial Crown of this Kingdom, to depo&s;e and deprive, and our &s;aid late Lord the King, to Death and final De&s;truction to bring and put, the <HI>30th.</HI> Day of <HI>May,</HI> in the 35th Year of his Reign, and divers other days and times, as well before as after|wards, at the Pari&s;h and Ward afore&s;aid, Fal&s;ely, Maliciou&s;ly, Devili&s;hly, and Traytorou&s;ly, with divers other Rebels and Traytors to the <HI>Jurors</HI> un|kown, did Con&s;pire, Compa&s;s, imagine, and intend our &s;aid late Lord the King, then his Supream and Natural Lord; not only of his Kingly State, Title, Power, and Government of his Kingdom of <HI>England,</HI> to deprive and depo&s;e, but al&s;o our &s;aid late Lord the King, to kill, and to Death, to bring and put, and the Antient Government of this Kingdom, to change, alter, and &s;ubvert; and a mi&s;erable Slaughter among&s;t the Subjects of our &s;aid late Lord the King, to cau&s;e and procure, and In&s;urrection and Rebellion, again&s;t our &s;aid late Lord the King, to procure, and a&s;&s;i&s;t, and the &s;ame mo&s;t Wicked, Trea&s;ons and Traytorous Con&s;piracies, Compa&s;&s;ings, Imaginations and Pur|po&s;es afore&s;aid to effect, and bring to pa&s;s. He the &s;aid <HI>Charles Bateman,</HI> as a fal&s;e Traytor, then and there, (to wit) the &s;aid <HI>30th.</HI> Day of May, in the 35th. Year afore&s;aid, and divers other days and times, as well before as afterwards; at the Pari&s;h and Ward afore&s;aid, Fal&s;ely, &V;nlawfully, mo&s;t Wickedly, and Traytorou&s;ly, Did promi&s;e and undertake to the &s;aid other fal&s;e Rebells and Traytors then and there being pre&s;ent: <HI>That</HI> He the &s;aid
<PB N="3" REF="3">
<HI>Charles Bateman,</HI> would be a&s;&s;i&s;ting and aiding, in the taking and Appre|hending the Per&s;on of our &s;aid late Lord the King, and intaking and &s;eiz|ing the <HI>City</HI> of <HI>London,</HI> and the <HI>Tower</HI> of <HI>London,</HI> the <HI>Savoy,</HI> and the <HI>Royal Pallace</HI> of <HI>White-Hall,</HI> again&s;t the Duty of his Allegience, again&s;t the Peace, <HI>&amp;c.</HI> and again&s;t the form of the Statute, in this Ca&s;e made and provided, <HI>&amp;c.</HI></P>
</DIV1>
</BODY>
</TEXT></Q>
<P>Mr. <HI>Phips,</HI> Council for the King opened the Nature of it, and was &s;econded by Mr, <HI>Serjeant Selby</HI> and Mr. <HI>Charles Moloy,</HI> after which, Mr. <HI>Jo&s;ias Keeling</HI> was &s;worn, who&s;e Evidence was, that he had been at divers meetings and Con&s;ults, where the methods had been propo|&s;ed for the purpo&s;es afore&s;aid, and more particular one time with <HI>Rum|bold</HI> the <HI>Malt&s;ter,</HI> &s;ince Executed for <HI>High-Trea&s;on,</HI> and that then, three Papers were produced by <HI>Rumbold</HI> and opened, containing the Moddel of the De&s;ign, to divide the City into Twenty Parts, and to rai&s;e Five Hundred men in each Part, to be under one Chief, and Nine or Ten Su|bordinates whom he &s;hould appoint, the Names of the Lanes and Streets of each Divi&s;ion being likewi&s;e in&s;erted therein; and at that time <HI>Rum|bold</HI> propo&s;ed the Bu&s;ine&s;s of the <HI>Rye Hou&s;e,</HI> &s;aying, <HI>He had a Hou&s;e very convenient to plant men in, to &s;eize the King in his return from New-market,</HI> but that he &s;omewhat boggled about the Killing the Po&s;tillion, which had been propo&s;ed the better to &s;top the Coach, becau&s;e it look|ed too much like an Exploit in cold Blood: He further depo&s;ed, that he had been at divers other places where it had been di&s;cour&s;ed to the &s;ame effect, and that Mr. <HI>Bateman</HI> was looked upon as a Per&s;on fixing to ma|nage one Divi&s;ion in order to an In&s;urrection, to &s;eize the <HI>Tower, City,</HI> &amp;c. This being the Sum of Mr. <HI>Keeling</HI>'s Evidence; Mr. <HI>Bateman</HI> &s;aid, that what he had &s;worn, did not affect or charge any Trea&s;on upon him; and was an&s;wered by the Court that it did not, and bid the Jury take notice, that what Mr. <HI>Keeling</HI> had &s;worn, was only to the Con|&s;piracie in General, and did not affect the Pri&s;oner in particular.</P>
<P>Then <HI>Thomas Lee</HI> was &s;worn, and gave Evidence, that he being made acquainted with the De&s;ign by Mr. <HI>Goodenough, &amp;c.</HI> and how the City was to be divided into Twenty Parts and mannaged; and being asked who was a fit man to mannage one Part, he nominated Mr. <HI>Bateman,</HI> and thereupon was de&s;ired to go to him, and &s;peak with him about it as from Mr. <HI>Goodenough;</HI> and when he came to di&s;cour&s;e him about that affair, he apprehended very plainly, that he was no &s;tranger to it nor boggled to give his a&s;&s;ent, and &s;eemed much de&s;irous to &s;peak with Mr. <HI>Goodenough</HI> about it: That he likewi&s;e went one day to the late Duke of <HI>Monmouth</HI>'s Hou&s;e with Mr. <HI>Bateman;</HI> and Mr. <HI>Bateman,</HI> after he had had &s;ome Di&s;cour&s;e with one of the Duke's Servants, came to him and told him, the Duke was willing to ingage in the Bu&s;ine&s;s, and a&s;&s;ur'd him, that he had divers Hor&s;es kept in the Country, to be in a readi|ne&s;s when matters &s;hould come to Extremity; and from thence he went with him to the <HI>King</HI>'s-<HI>Head-Tavern,</HI> and there had di&s;cour&s;e to the &s;ame effect; and from thence, they came to the <HI>Devil-Tavern</HI> with|in <HI>Temple-Bar,</HI> where Mr. <HI>Bateman</HI> propo&s;ed the &s;eizing the <HI>City, Tower, Savoy, White-Hall,</HI> and the Per&s;on of the late King, and promi&s;ed not to be wanting therein. At another time, he met him at the <HI>Half-Moon Tavern</HI> in <HI>Alder&s;gate-&s;treet,</HI> where di&s;cour&s;ing about the Condition th- Con&s;pirators
<PB N="4" REF="4">
were in. As to the intended In&s;urrection, he &s;aid, <HI>If he could but &s;ee a Cloud as big as a man</HI>'s <HI>hand, he would not be wanting to Em|ploy his Intere&s;t,</HI> and that there were other Di&s;cour&s;es tending to the In|&s;urrection, but were broke off by the coming in of one <HI>John Allmeger,</HI> before whom, Mr. <HI>Bateman</HI> would not di&s;cour&s;e, becau&s;e he knew not of his coming.</P>
<P>Mr. <HI>Lee</HI> being asked the De&s;ign of that meeting, replyed it was upon the Account of carrying on the Con&s;piracie, and that Mr. <HI>Bateman</HI> had told him, that he intended to take a hou&s;e near the <HI>Tower,</HI> to place men in, in order to &s;urprize it, and that he had held divers Conferences with &s;ome Sea Captains on that affair; and that he had been with them at <HI>Coffee-Hou&s;es,</HI> &amp;c. at &s;undry other times, but there to prevent Di&s;co|very, they &s;poke of the De&s;ign at a great di&s;tance.</P>
<P>To this Evidence, Mr. <HI>Bateman</HI> objected that if he had been con&s;cous of what was laid to his Charge he was fit for <HI>Bedlam,</HI> &s;aying, <HI>He won|der'd if he had heard him &s;peak &s;uch words, he had not accu&s;ed him &s;ooner;</HI> but was an&s;wered, that Mr. <HI>Goodenough</HI> was not to be had till after the Rebellion in the <HI>We&s;t;</HI> and that <HI>Lee</HI>'s &s;ingle Te&s;timony in Ca&s;e of <HI>High-Trea&s;on</HI> in &s;o high a Nature, was not &s;ufficient.</P>
<P>Then Mr. <HI>Richard Goodenough</HI> was called, who being &s;worn, depo&s;ed that being in compaay with Mr. <HI>Bateman</HI> (to the be&s;t of his remembrance) at the <HI>Kings-Head</HI> Tavern in St. <HI>Swithings-Alley</HI> near the <HI>Royal-Exchange,</HI> and having &s;ome Di&s;cour&s;e about the intended In&s;urrection, and of <HI>Wade</HI> and others that had engaged to promote it. Mr. <HI>Bateman</HI> not on|ly <HI>approved of the De&s;ign, but promi&s;ed to u&s;e his Intere&s;t in rai&s;ing men; and not only to be a&s;&s;i&s;ting in the Divi&s;ion allotted him, but in &s;urpri&s;ing the</HI> City, Savoy, <HI>&amp;c. and in driving the Guards out of</HI> Town. To this he objected, that he was not at the <HI>Kings-Head</HI> with <HI>Goodenough,</HI> to which Mr. <HI>Goodenough</HI> replyed, <HI>He had not &s;worn po&s;&s;itive to the place, though he verily believed that was the place; but however, as to the Di&s;cour&s;e and Words then &s;poken by Mr.</HI> Bateman <HI>he was po&s;&s;itive.</HI></P>
<P>The Evidence being thus full again&s;t Mr. <HI>Bateman,</HI> and he liberty granted him to make what defence he could, he de&s;ired that Sir <HI>Robert Adams</HI> might be heard, in relation to a fal&s;e report the &s;aid Mr. <HI>Lee</HI> had rai&s;ed of Sir <HI>Robert</HI> and others, and Sir <HI>Robert</HI> being in Court, gave Evidence that there had been a report abroad &s;aid to be rai&s;ed by <HI>Mr. Lee,</HI> that he <HI>(viz.)</HI> Mr. <HI>Lee had beaten three Knights, and that Mr.</HI> Lee <HI>had came to him and asked his Pardon, acknowledging the thing in it &s;elf was altogether fal&s;e.</HI></P>
<P>To the &s;ame purpo&s;e Sir <HI>Simon Lewis</HI> was called, but appeared not.</P>
<P><HI>Ames Child</HI> being called by Mr. <HI>Bateman,</HI> to te&s;tifie his knowledge of Mr. <HI>Lee;</HI> and being asked what he could &s;ay again&s;t him, Declared, <HI>That he knew nothing to the contrary, but Mr.</HI> Lee <HI>was an hone&s;t man.</HI></P>
<P>One <HI>Baker</HI> being called by Mr. <HI>Bateman,</HI> to te&s;tifie that Mr. <HI>Lee</HI> would have &s;ubborned him again&s;t him to his prejudice, &s;ome Years &s;ince, of which he had made an <HI>Affidavit</HI> before Sir. <HI>William Turner,</HI> and the &s;aid <HI>Baker</HI> not then appearing in Court, he de&s;ired Sir <HI>William Turner</HI> to give &s;ome account of <HI>Baker</HI>'s Examination, which he &s;aid Sir <HI>William</HI> had taken, but it being above two Years &s;ince, Sir <HI>William</HI> de|clared, <HI>He could not charge his memory with any of the Particulars contain|ed therein.</HI></P>
<P><PB N="5" REF="4">Mr. <HI>Tompkins</HI> Sir <HI>William Turner</HI>'s Clerk being called, and asked what he could &s;ay concerning any Examination of <HI>Baker</HI>'s taken before Sir <HI>William,</HI> that related to <HI>Lee;</HI> he &s;aid, <HI>there was an Examination ta|ken</HI> Anno 1683. <HI>wherein Mr.</HI> Lee <HI>was mentioned; but to the be&s;t of his Remembrance it was returned before the King and Council, and he could not give any account of the Particulars.</HI></P>
<P>Then Mr. <HI>Bateman</HI> de&s;ired to know upon what Statute he was Indict|ed, and was informed by the Court, That <HI>the</HI> Trea&s;on <HI>wherewith he &s;tood charged, was Comprehended within the</HI> 25th. of Edward <HI>the</HI> 3 d. <HI>and the</HI> 13th <HI>of</HI> Car. 2. <HI>by</HI> Overt-Act; and having little more to &s;ay in his own Defence. After a favourable hearing of all he had materially to offer, and his Son having been allowed by the Court to a&s;&s;i&s;t him, in looking over his Notes, and calling his Witne&s;&s;es, by rea&s;on he through &s;ick|ne&s;s pretended him&s;elf incapable. Then the <HI>Lord Chief Ju&s;tice</HI> of the <HI>King</HI>'s-<HI>Bench</HI> Sum'd up the Evidence at large, and omitted nothing that might be for the advantage of the Pri&s;oner, whereby the matter was fairly, fully, and clearly left to the Jury; and thereupon Mr. <HI>Bateman</HI> was taken from the Bar, after which, the other Pri&s;oners being called and Tryed, and the Jury ready to go forth to con&s;ider of their Ver|dict, Mr. <HI>Bateman</HI>'s Daughter came in and be&s;ought the Court, <HI>that</HI> Baker, <HI>whom &s;he &s;aid &s;he had found out, might be heard again&s;t Mr.</HI> Lee, but Mr. <HI>Lee</HI> being gone, and the Tryal already over, the King<HI>'s</HI> Coun|cil oppo&s;ed it, unle&s;s Mr. <HI>Lee</HI> could be found (which he Could not be at that time) and the Court having deliver'd their Opinion that it was not convenient to examine any Witne&s;s after the Jury had received their Charge, it being a very ill pre&s;ident and of dangerous Con&s;equence; yet &s;ome of the Jury de&s;iring it, the Court to prevent any Objections that might be made, con&s;ented, and <HI>Baker</HI> had leave to &s;peak, who&s;e Evidence was, <HI>that being in Company with Mr.</HI> Lee, <HI>&s;ome time in the Year</HI> 1683. <HI>and di&s;cour&s;ing about divers matters, he bad him go to the &s;ign of the</HI> Peacock, <HI>and to the</HI> Angel <HI>and</HI> Crown, <HI>to a</HI> Chirurgeon, <HI>and a</HI> Linnen-Draper <HI>whom he named, the former of which he remembred to be the Pri&s;oner, and to in&s;inuate him&s;elf into their Company and di&s;cour&s;e them; and when he demanded of Mr.</HI> Lee <HI>to what end he &s;hould do it, or a|bout what he &s;hould di&s;cour&s;e them, he told him it might be about State Af|fairs, and by that means he would find a way to make him a great man; and when he excu&s;ed his attempting to intrude into &s;uch Company as was above him, he being but a Shooe-maker, Mr.</HI> Lee <HI>told him he knew that, he kept Company with &s;uch, and &s;uch men, and why could he not as well do it with tho&s;e he had mentioned,</HI> and of this he &s;aid his Examination was taken be|fore Sir <HI>William Turner;</HI> but this being nothing to the purpo&s;e, but was rather looked upon as a De&s;ign, Mr. <HI>Lee</HI> had to make a di&s;covery of the Con&s;piracie, if he could have procured further Evidence to have Corroborated his own, and <HI>Baker</HI> being looked upon as a broken Fellow and that he lodged near the <HI>Se&s;&s;ions Hou&s;e,</HI> and yet came not in before though often called, the con&s;ideration of the whole matter was left to the Jury, and an Officer being &s;vvorn to attend them went out, and after a|bout half an hours debating that, and what el&s;e was before them, gave in their Verdict, <HI>that</HI> Charles Bateman <HI>then at the</HI> Bar, <HI>was Guilty of the</HI> High-Trea&s;on <HI>as laid in the Indictment,</HI> which Verdict was accordingly Record|ed, and the Pri&s;oner re-conveyed to <HI>Newgate;</HI> and being again brought to
<PB N="6" REF="5">
<HI>Ju&s;tice-Hall,</HI> on <HI>Friday</HI> the 11th. of <HI>December,</HI> in order to receive Sen|tence; and upon holding up his hand, being asked <HI>What he could &s;ay for him&s;elf, why the Court &s;hould not give Judgment again&s;t him according to the</HI> Law: <HI>He de&s;ired to know whether Mr.</HI> Goodenough <HI>was fully pardoned, and was told, that as for the Out-lawrey he was pardoned, and that his Pardon had been allowed and approved of in that Court, and in the Court of</HI> King's-Bench, <HI>and for any thing el&s;e he was not Pro&s;ecuted:</HI> Then he &s;aid <HI>his Opinion was altogether for Monarchy, and that he hoped he &s;hould have an Advocate with the King</HI> but; had nothing more material to offer.</P>
<P>Then Mr. <HI>Recorder,</HI> after having &s;poke &s;everal things in aggravation of that great Crime, whereof, after a fair and favourable Tryal, he was Convicted; advi&s;ed him not to flatter him&s;elf with hopes of Life, and thereby delay his Repentance nece&s;&s;ary for his future happine&s;s, pro|nounced the Sentence, which was, <HI>That he &s;hould return to the place from whence he came, from thence be drawn to the place of Execution, there to be hang'd by the Neck, and whil&s;t alive be Cut down, and his Bowels to be taken out and burnt; his Head to be &s;evered from his Body, and his Bo|dy divided into four Parts, and that his Head and Quarters be di&s;po&s;ed of, at the Plea&s;ure of the King.</HI></P>
<P>Upon this, he prayed a Divine might have leave to come to him, as like|wi&s;e his Relations, which being allowed he departed the Court, and was on <HI>Friday</HI> the 18th. of <HI>December,</HI> Executed at <HI>Tyburn</HI> according to Sentence.</P>
<TRAILER>FINIS.</TRAILER>
</DIV2>
<DIV2 TYPE="trial">
<PB N="7" REF="5">
<HEAD>The <HI>Substance</HI> of the Tryal of of <HI>John Hol|land,</HI> and <HI>William Davis,</HI> who were Tryed and committed, for Con&s;piring again&s;t, and fal&s;ely impri&s;oning <HI>William Chancey, Citi|zen</HI> and <HI>Mercer</HI> of <HI>London,</HI> at <HI>Ju&s;tice-Hall</HI> in the <HI>Old Bayly.</HI></HEAD>
<OPENER><DATELINE>On <DATE>the 10th of <HI>December,</HI> 1685.</DATE></DATELINE></OPENER>
<P>UPon an Indictment found again&s;t <HI>Edward Hays. William Price, John Holland,</HI> and <HI>William Davis,</HI> for Con&s;piring again&s;t, vio|lently A&s;&s;aulting, and forcibly Impri&s;oning, for the &s;pace of &s;ix hours the Per&s;on of <HI>William Chancey, Citizen</HI> and <HI>Mercer</HI> of <HI>London,</HI> again&s;t his will, and without any warrentable Cau&s;e, whom they fal&s;e|ly Charged with uttering divers Trea&s;onable Words, to extort from him a Sum of money, <HI>&amp;c.</HI></P>
<P><HI>John Holland</HI> and <HI>William Davis,</HI> were brought in the Cu&s;tody of the Keeper of <HI>Newgate,</HI> to <HI>Ju&s;tice-Hall</HI> in the <HI>Old-Bayly,</HI> where upon their Arraignment they pleaded not Guilty, and de&s;ired their Tryal might be delayed, &s;eeing they were not prepared to make their Defen|ces, and were thereupon taken from the Bar, but on the 11th. of <HI>De|cember,</HI> 1685. the Lord Mayor, Mr. <HI>Recorder,</HI> Sir <HI>Henry Tul&s;e,</HI> and other Aldermen, being pre&s;ent they were brought up a &s;econd time, and order|ed to look to their Challenges, but making no Exceptions the Jury was Sworn, <HI>viz.</HI></P>
<LIST>
<ITEM><HI>John Meridale</HI></ITEM>
<ITEM><HI>Benjamin Boltby</HI></ITEM>
<ITEM><HI>John Baly</HI></ITEM>
<ITEM><HI>Thomas Barns</HI></ITEM>
<ITEM><HI>Richard Bromfield</HI></ITEM>
<ITEM><HI>Samuel Linn</HI></ITEM>
<ITEM><HI>Edward Hem&s;tead</HI></ITEM>
<ITEM><HI>Robert Longland</HI></ITEM>
<ITEM><HI>Samuel Bi&s;hop</HI></ITEM>
<ITEM><HI>James Fern</HI></ITEM>
<ITEM><HI>William Wheatly</HI></ITEM>
<ITEM><HI>Thomas Phelps</HI></ITEM>
</LIST>
<P>The Indictment being read a &s;econd time, the Council for the King opened the Nature of the Fact, of which the Pri&s;oners &s;tood accu&s;ed in all it's unparralled Circum&s;tances, and then to proceed to Swear Mr. <HI>Chancey,</HI> who gave Evidence, that on <HI>Saturday</HI> the 28th. day of <HI>Novem|ber</HI> la&s;t, he was informed that a Boy had been &s;ent from the <HI>King</HI>'s-<HI>Arms</HI> Tavern in <HI>Lawrence-Lane London,</HI> about Four of the Clock in the Af|ternoon, to let him know that there were two Gentlemen that de&s;ired to &s;peak with him, whereupon he went, and being &s;hewed where they were, found them to be <HI>Hays</HI> and <HI>Holland,</HI> the former of which he had &s;ome &s;mall Acquaintance with, he having been once a Citizen, but as
<PB N="8" REF="6">
for the latter at that time he knew him not. <HI>Hays</HI> after a Complement had pa&s;&s;ed, de&s;ired to &s;peak with him in private, but <HI>Holland</HI> whom <HI>Hays</HI> called Captain <HI>Holland,</HI> was &s;omewhat again&s;t it, &s;aying, <HI>they might &s;peak what they had to &s;ay in his pre&s;ence,</HI> but in the end he retir'd, when <HI>Hay's</HI> in a melancholy Tone, cryed out, <HI>O! Mr.</HI> Chancey <HI>I am the unfortunate&s;t man alive, for being the other day in the Company of the Cap|tain, I chanced to let fall &s;ome words &s;aid to be &s;poken by a Merchant in</HI> London, <HI>which proved to be</HI> Trea&s;on, <HI>and with which I am charged, and am now a Pri&s;oner to the Captain, and therefore am obliged to produce you as my Author;</HI> upon this Mr. <HI>Chancey</HI> being a little &s;urprized, as not knoing to what it might tend; and not being con&s;cious of any thing of that Nature, replyed, <HI>He had never &s;poken any trea&s;onable Words, and that he knew not what he meant,</HI> whereupon as probable it had been agreed, <HI>Holland</HI> came in and demanded of <HI>Hays, if that was the per&s;on,</HI> meaning Mr. <HI>Chancey, that had &s;poke the words,</HI> to whom <HI>Hays</HI> replyed he was: At which <HI>Holland</HI> told him <HI>He was his Pri&s;oner, and mu&s;t go with him to</HI> White-Hall, <HI>before the Secretary of State;</HI> then Mr. <HI>Chancey</HI> demanding ing to &s;ee his Warrent, he told him <HI>He was a Captain of the Guard,</HI> and that a Captain of the King's Guard had power without a Warrant to &s;eize any per&s;on for High-Trea&s;on, with which he was charged; then Mr <HI>Chancy</HI> de&s;ired to &s;end for &s;ome friends, but <HI>Holland</HI> would not hear|ken to that, telling him he mu&s;t in&s;tantly go with him out of the damn'd Factious City, as he term'd it, but withal that he would call at the <HI>Crown</HI> tavern without <HI>Temple-Bar;</HI> whereupon they &s;topping in <HI>Cheap&s;ide,</HI> Mr. <HI>Chancey</HI> found an opportunity to &s;end a per&s;on to his Brother, to let him under&s;tand what had happened, and that he was going to <HI>White-Hall,</HI> but &s;hould &s;tay at the <HI>Crown</HI> Tavern, and thither he de&s;ired he would come to him, and all the way as they were going, <HI>Holland</HI> railed and cur&s;ed <HI>Hayes,</HI> that he being one of his Maje&s;ties Servants, &s;hould be &s;uch a Vil|an as to conceal Trea&s;on, but <HI>Holland</HI> under&s;tanding that Mr. <HI>Chancy</HI> had &s;ent for his Brother, and fearing the bu&s;ine&s;s might be di&s;covered, would not &s;uffer him to &s;tay at the <HI>Crown</HI> Tavern nor &s;end word where they were gone, but cau&s;ed the Coach to drive to the <HI>Fountain</HI> Tavern in the <HI>Strand</HI> being nigh the <HI>Savoy,</HI> where he &s;aid he could have &s;everal Files of Mu&s;quettiers to &s;ecure him if need required, and there it was that after &s;ome threats of Soldiers, Me&s;&s;engers, and Impri&s;onment, and Exe|crable Oaths that he would run him through if he offered to make an e&s;cape: <HI>Hays</HI> began to tamper with him, leting him know that the bu|&s;ine&s;s yet might be hu&s;h'd up by &s;topping the Captain's mouth with a Sum of Money, &s;ince none but he could detect it; but finding him ab|&s;olutely aver&s;e to it, and whil&s;t they were thus di&s;cour&s;ing, word was brought up to <HI>Holland</HI> that there were two of his Kin&s;men that would &s;peak with him, and accordingly they were brought in and we were ordered to take no notice of the bu&s;ine&s;s in hand; they di&s;cour&s;ed of the Rebellion in the <HI>We&s;t,</HI> he took them to be <HI>Wel&s;h,</HI> for the &s;ame time (as he gue&s;&s;ed) they talked that Language; they being gone, and he not willing to give any money, to <HI>White-Hall</HI> we mu&s;t go; but Mr. <HI>Chancey</HI> ob&s;erved that <HI>Holland</HI> paid two Reckonings for a Company in the Hou&s;e then pre&s;ent, be&s;ide their own; when we came to <HI>VVhite-Hall-Gate, Hays</HI> cryed, and &s;tamped, and de&s;ired for God's &s;ake we might not go in, for if we &s;hould, he and his family were certainly ruin'd, for he
<PB N="9" REF="6">
had two places at Court worth Eight hundred pounds, and he &s;hould loo&s;e them both, be&s;ides being Pis'<GAP DESC="illegible" EXTENT="1 letter"> upon by every body if this matter &s;hould come publick, therefore de&s;ired we might go to the <HI>Swan</HI> Tavern in <HI>We&s;tmin&s;ter,</HI> which accordingly we did, there they both argued that it would be for both our Intere&s;t to comply with the Captain in his propo|&s;al beforementioned, that is, to give <HI>Holland</HI> Two hundred pounds, for that it was in His Brea&s;t alone at pre&s;ent, but if we &s;hould be carryed be|fore a <HI>Secretary,</HI> or put to the hands of a <HI>Me&s;&s;enger,</HI> it would be then out of his power; but Mr. <HI>Chancey</HI> &s;till per&s;i&s;ted that he would not give any thing, whereupon to <HI>White-Hall</HI> we mu&s;t go (&s;ays <HI>Holland</HI>) in order to be Examined, and then the &s;aid <HI>Hays</HI> declared that I was the per&s;on, which the Merchant &s;hould &s;ay &s;poke tho&s;e Words; however he was never brought before any body, albeit he was carryed to &s;everal places in <HI>White-Hall</HI> for that: <HI>Holland</HI> pretended the <HI>Secretary</HI> was bu&s;ie; but after &s;ome &s;tay, he &s;aid he would deliver us into the hands of a <HI>Me&s;|&s;enger</HI> which he was informed was at the <HI>Fountain</HI> Tavern in the <HI>Strand,</HI> whom (as he pretended) he had &s;ent for when we were there before, and accordingly thither he carryed us; but there being no <HI>Me&s;&s;enger,</HI> he then &s;ayed he would &s;end for one, and accordingly Mr. <HI>Chancey</HI> thought that <HI>Halland</HI> had &s;ent for one, but <HI>Hays</HI> and he &s;till continued their per|&s;wa&s;ions to give two hundred pounds, but finding him unwilling to give any thing, Captain <HI>Holland</HI> draws up a pretended Information of High-Trea&s;on again&s;t him only, which being done, word was brought that two of the Gentlemen that were in Company with them the la&s;t Night were in the hou&s;e; <HI>Holland</HI> de&s;ired them to come in, <HI>Hays</HI> in the mean time called Mr. <HI>Chancey</HI> a&s;ide, and &s;trongly per&s;waded him to comply with the Captains demands, &s;aying, that if he had not money enough, he would prevail with the Captain to take his Bond, and that he him&s;elf would be bound with him, and then he would be no more than One hundred pounds out; however the two per&s;ons being come in, and as was afterwards inform'd, one was Mr. <HI>William Davis,</HI> and the other Mr. <HI>William Price</HI> whereupon Mr <HI>Holland</HI> reads the Information to them, which he had ju&s;t before written, and told him that <HI>Price</HI> was a <HI>Barri&s;ter;</HI> then <HI>Price</HI> did affirm that the words were High-Trea&s;on, and per&s;waded him to comply, &s;aying, it was the be&s;t hundred pounds that ever he parted with in his life, adding if he were innocent, that the de|lays, the neglect of his bu&s;ine&s;s, and the charges would amount to a grea|ter &s;um; likewi&s;e <HI>Davis</HI> that came in with him, per&s;waded him to it al|&s;o, and <HI>Holland</HI> &s;wore he would &s;end him to Pri&s;on without carrying him before a Ju&s;tice of Peace; and added, that one <HI>Delawne</HI> had been in <HI>Newgate</HI> for &s;everal Years and never knew for what, and that he was like to lye there as long as he lived, and that <HI>Corni&s;h</HI> was hanged for only hearing a Trea&s;onable <HI>DECLARATION</HI> read, and that his Guilt was greater, having &s;poken words at length, finding by their Di&s;cour&s;e they would &s;tick at no Oath for intere&s;t or re|venge, and knowing it was <HI>Sunday</HI> Morning, and not knowing what manner of men he had to deal with, nor what they might &s;wear fal&s;ely again&s;t him, tired by hurrying him up and down as afore&s;aid, and &s;omewhat affrighted with their menaces at the reiterated importunity of <HI>Hays,</HI> who pretended him&s;elf to be in the greate&s;t Con&s;ternation ima|ginable, for fear the bu&s;ine&s;s &s;hould come to light, and in hopes to be rid
<PB N="10" REF="7">
of his dangerous Company, that he might at lea&s;ure con&s;ider better what he had to do; he con&s;ented to enter in to a Bond with <HI>Hays</HI> in the Penal|ty of 400 <HI>l.</HI> for the payment of 200, and the Bonds to be made to <HI>Holland;</HI> but this would not be accepted till he farther con&s;ented to &s;ign a Warrant of Attorney, to confe&s;s Judgment upon the Pond. This being concluded upon, <HI>Holland</HI> &s;ent his Foot-boy to call up Mr.&mdash; a Neighbouring <HI>Scri|vener</HI> to make the Writings, it being then between Two and Three of the Clock on <HI>Sunday</HI> Morning, <HI>Who was very unwilling to ri&s;e at &s;o un&s;ea|&s;onable an hour;</HI> but being told there were divers Gentlemen at the <HI>Fountain</HI> that mu&s;t needs &s;peak with him, to draw &s;ome Writings upon an urgent occa&s;ion, he at la&s;t went, and there found <HI>Holland, Hays Davis, Price,</HI> and Mr. <HI>Chancey,</HI> and that the In&s;tructions were ready drawn up, which he took into his own Note-book, and &s;o went home to draw up the Writings, where he had not been long e'r <HI>Price</HI> came to him, and told him that he mu&s;t Date the Bond any day in <HI>Trinity Term</HI> la&s;t, the bu&s;ine&s;s &s;o requiring, whereupon he Dated it the 21th. of <HI>June,</HI> &s;o that it became payable the next day after it was &s;igned. This the <HI>Scrivener</HI> ignorant of the Con&s;ideration thinking pretty hard, and that a Judge|ment was to be confe&s;&s;ed upon it without a Defeazance, made &s;ome &s;cru|ple to do it; but <HI>Price</HI> a&s;&s;uring him it was &s;o agreed for &s;undry Rea&s;ons be&s;t known to them&s;elves, he brought the Writings, and &s;pared not to &s;ay as much in the Company, but Mr. <HI>Chancey</HI> not contradicting it the Bonds were &s;igned, but the Warrents of <HI>Attorney</HI> being purpo&s;ed, he &s;crupled to &s;ign it, and whi&s;pering <HI>Holland</HI> in the Ear, &s;aid, <HI>What need this, will not my Bond &s;uffice?</HI> but he and his Accomplices crying out, <HI>Are not we agreed? Is it not &s;o agreed?</HI> &amp;c. and <HI>Hays</HI> without bogling &s;igning on his part, Mr. <HI>Chancey</HI> with &s;ome Reluctancy did the like, and then the <HI>Scrivener</HI> propo&s;ing it was convenient to have Relea&s;es to Bar any former Con&s;ideration for which the Bond might be given, they wil|lingly a&s;&s;ented to it, and it was &s;igned by <HI>Holland</HI> bearing Date before the Bond, whereupon the <HI>Scrivener</HI> was di&s;charged, and Mr. <HI>Chancey</HI> had leave to go about his bu&s;ine&s;s, and then Mr. <HI>Chancey</HI> further depo&s;ed that on <HI>Monday the</HI> 30th. of <HI>November, Holland</HI> &s;ent his Foot-boy with a Note directed to Mr. <HI>Chancey,</HI> at his hou&s;e in St. <HI>Lawrence Lane,</HI> inform|ing him that he had a pre&s;ent occa&s;ion for 20 <HI>l.</HI> and that he mu&s;t needs furni&s;h him with that Sum, as likewi&s;e with Silk to make him a Cap, a Night-Gown and a pair of Slippers, promi&s;ing to u&s;e him very kindly in the payment of the re&s;t, and to take out part of it in Wares, which was confirmed by the Foot-boy being &s;worn, but Mr. <HI>Chancey</HI> by this time being better advi&s;ed, and finding it was a Cheat, and under|&s;tanding by the <HI>Boy</HI> where his Ma&s;ter was, under pretence of furni&s;hing him with the money and goods he had &s;ent for, found means to &s;ecure him; who being carried before a Judge, was upon the Oath of Mr. <HI>Chancey</HI> Committed to <HI>Newgate,</HI> and <HI>Price</HI> being &s;oon after taken, was Committed to the <HI>King</HI>'s-<HI>Bench</HI> and af|terwards together with <HI>Hays</HI> was bailed to appear at the <HI>King</HI>'s-<HI>Bench,</HI> as it was &s;ugge&s;ted to the Court. To this <HI>Holland</HI> pleaded he only took the Bonds to oblige the Partys to appear before the Secretary of State, and that he did it to &s;ave him&s;elf harmle&s;s, there being no Con&s;ideration why Mr. <HI>Chancey</HI> &s;hould be otherwi&s;e obliged to him, and that he had
<PB N="11" REF="7">
made his report of the matter to a per&s;on of Quality, who told him he had over done his bu&s;ine&s;s.</P>
<P><HI>Davis</HI> pleaded that he was ignorant of the matter as to the contriving of it, and only came in by chance as he was going to his Lodging that was near the <HI>Fountain Tavern,</HI> and was de&s;ired to &s;tay as a Witne&s;s to the Writings; whereupon <HI>Holland</HI>'s Foot-boy being &s;worn, gave Evidence, that he had &s;een <HI>Davis</HI> pa&s;s through the <HI>King</HI>'s-<HI>Arms Tavern</HI> in St. <HI>Lawrence-Lane,</HI> when his Ma&s;ter and Mr. <HI>Hays</HI> were above with Mr. <HI>Chancey,</HI> and farther that he had after that been to look for him to come to his Ma&s;ter. This Objection being an&s;wered, he proceeded to intimate that Mr. <HI>Chancey</HI> was a di&s;affected per&s;on, and that <HI>Hays</HI> had affirmed he heard him &s;peak the&s;e words, <HI>viz. That the Rebellion in</HI> Scotland <HI>was no Rebellion, but a mere trick to get money, or to that effect;</HI> whereupon Mr <HI>Chancey</HI> called &s;everal worthy per&s;ons to te&s;tifie his Be|haviour, and fir&s;t Sir <HI>Edward Waldon</HI> with whom he had &s;erved his time, who declared that he had all along behaved him&s;elf civilly and mode&s;tly, and that he ever looked upon him to be a very Loyal Per&s;on, and well affected to the Government; adding, that he had been &s;o faithful a Ser|vant, that he could not enough commend him.</P>
<P>Sir <HI>Robert Adams</HI> being de&s;ired to te&s;tifie his knowledge on this occa|&s;ion, declared, that he had known him many years, and that he always took him to be a very hone&s;t Loyal man.</P>
<P>Mr. <HI>Brough,</HI> the fore-man of the Grand Jury for <HI>London,</HI> te&s;tified the &s;ame as did &s;ome others of known <HI>Loyalty</HI> and <HI>Integrity;</HI> &s;o that the Jury receiving the Charge by Mr. <HI>Recorder,</HI> in which all was mo&s;t exactly &s;um|med up that had been &s;worn again&s;t the Pri&s;oners, <HI>&amp;c.</HI> and Defence they had made for them&s;elves, they withdrew, and within the &s;pace of half an hour gave in their Verdict, that <HI>John Holland</HI> and <HI>William Davis</HI> were Guilty of the Con&s;piracie, A&s;&s;ault, and fal&s;e Impri&s;onment, as laid in the Indictment.</P>
</DIV2>
<DIV2 TYPE="trial">
<PB N="12" REF="8">
<HEAD>THE TRYALS OF <HI>John Holland, William Davis</HI> and <HI>Agnes Wearing,</HI> for a Felony and Burglary: Com|mitted in the Hou&s;e of Mr. <HI>Leonel Gatford,</HI> Mini&s;ter in <HI>Lyme-&s;treet,</HI> on the 11th. of <HI>September,</HI> 1685.</HEAD>
<P><HI>JOhn Holland</HI> and <HI>William Davis,</HI> were a &s;econd time Indicted for a Felony and Burglary, Committed in the Hou&s;e of Mr. <HI>Leonel Gatford</HI> of <HI>Lyme-&s;treet London,</HI> in the Pari&s;h of St. <HI>Dionis Back-Church,</HI> on the 11th. of <HI>September</HI> la&s;t, together with <HI>Agnes Wear|ing,</HI> as acce&s;&s;ary, before and after the Felony and Burglary committed; The Goods layed in the Indictment were Sixteen &s;ilver Spoons, Nine &s;ilver Porrengers, Four &s;ilver Salts, Three &s;ilver Pots, Two &s;ilver Plates, Five &s;ilver Candle&s;ticks, a &s;ilver Skimer, Four &s;ilver Boxes, One &s;ilver Tanckard, One &s;ilver Ladle, Six Diamond Rings, Twenty plain Rings, and other Plate of value; Thirty Guineas, Forty pounds in Sil|ver, <HI>&amp;c.</HI> In all upward in value of Three hundred Pounds: To which Indictment, the Pri&s;oners having &s;everally Pleaded not Guilty, put them|&s;elves upon the Jury for their Tryals.</P>
<LIST>
<HEAD>The Jurors were</HEAD>
<ITEM><HI>John Wakley,</HI></ITEM>
<ITEM><HI>George Reeve,</HI></ITEM>
<ITEM><HI>Jo&s;hua Sabin,</HI></ITEM>
<ITEM><HI>Richard Jagman,</HI></ITEM>
<ITEM><HI>Richard Au&s;tin,</HI></ITEM>
<ITEM><HI>Job Harris,</HI></ITEM>
<ITEM><HI>Gilbert Ea&s;t,</HI></ITEM>
<ITEM><HI>Martin Simp&s;on,</HI></ITEM>
<ITEM>&mdash;<HI>Ma&s;ters,</HI></ITEM>
<ITEM><HI>Robert Stevens,</HI></ITEM>
<ITEM><HI>Richard New&s;trop.</HI></ITEM>
<ITEM><HI>Thomas Oliver,</HI></ITEM>
</LIST>
<P>The Jury Sworn and the Indictment a &s;econd time read, Mr. <HI>Gatford,</HI> gave Evidence, that about &s;ix of the Clock in the Afternoon, going to Prayers and leaving his Wife and his Maid in his hou&s;e (which Maid was <HI>Agnes Wearing</HI>) and returning about Eight of the Clock the &s;ame Evening, found his hou&s;e rifled and his Wife much abu&s;ed; the things mentioned in the Indictment, <HI>&amp;c.</HI> Being at that time &s;tolen.</P>
<P>Mrs. <HI>Gatford</HI> gave Evidence, that On <HI>Friday</HI> the 11th. of <HI>September,</HI> about Five or Six a Clock at Night, in the ab&s;ence of her Husband, &s;ome+body knocking at the Door, &s;he &s;ent <HI>Agnes Wearing</HI> (the Pri&s;oner at the Bar, being her Maid) down to &s;ee who it was, and &s;he returning, told her it was a Gentleman would &s;peak with her, &s;he then de&s;ired he would
<PB N="13" REF="8">
&s;end up his Name and Bu&s;ine&s;s, but the Maid replyed he had a Letter for her, which he &s;aid he mu&s;t deliver to her hand, however &s;he told her &s;he would not &s;ee him till &s;he knew his Name, but whil&s;t they were di&s;cour&s;ing concerning it, a Per&s;on came up Stairs with both ends of his <HI>Wig</HI> in his mouth, and made as if he would pre&s;ent her with a Letter, but &s;he &s;eeming &s;hye, and telling him he was a &s;tranger to her; he let go the ends of his <HI>VVigg,</HI> and &s;wearing a great Oath that he was a great &s;tranger to her, and clapped his hands upon her Throat and Neck, &s;aying he want|ed money; Commanded her on pain of Death not to make any Noi&s;e; and whil&s;t this happened, he heard her maid cry out &s;oftly, Thieves, Thieves; and then taking up her upper Coat, he drew it over her Head, and &s;o tyed it vvith her hands in it, calling as loud as he dur&s;t, <HI>Jack, Jack, why don't you come up Jack?</HI> but he making as if he &s;tay'd belovv to &s;ecure the maid, he cryed <HI>Damn her for a Bitch, Shoot her, Cut her Throat, what is her Life worth?</HI> Which Mrs. <HI>Gatford</HI> taking to be in earne&s;t, be&s;ought them <HI>For Gods &s;ake not to kill her maid;</HI> hovvever <HI>Jack</HI> &s;oon came up Stairs, vvhereupon he that fir&s;t &s;eized Mrs. <HI>Gatford,</HI> Commanded her to tell vvhere the money vvas, vvho replyed, <HI>She had none but what was in her Pur&s;e:</HI> Then he asked vvhere her Pur&s;e vvas, &s;he &s;aid <HI>in her Pocket, then pull it out &s;aid he,</HI> but her Hands being vvithin her Coats, &s;he told him &s;he could not, vvhereupon he &s;aid he vvould take it out, vvhich he do|ing, and then laying her on her Face vvith dreadful threats, that if &s;he &s;tirr'd&mdash; They vvent directly to the place vvhere the money vvas, altho' in a very private place; as al&s;o to the Gla&s;s Ca&s;e of Plate: The fir&s;t they had &s;ome difficulty to find, and vvere once about to go avvay vvith|out it, but one of them knocking a Board in the Clo&s;et that vvas to dravv up heard it chink, and &s;o by force vvrenching it up, they took the money before-mentioned, and other things not named: Having gotten their Prey, they told Mrs. <HI>Gatford</HI> She <HI>mu&s;t go down into the Celler;</HI> to vvhich &s;he replyed <HI>She could not &s;ee the way,</HI> then he that came up fir&s;t lead her, and vvhen &s;he vvas on the Top of the Stairs bid her take her fir&s;t &s;tep, vvhich &s;he did, and immediately &s;lipp'd dovvn to the Bottom, and did the like on the Top of the Celler Stairs, being belovv they bound her to a Par|tition, and brought dovvn <HI>Agnes VVearing,</HI> vvhom they bound likevvi&s;e and &s;et her by her, but &s;o loo&s;e that &s;he might ea&s;ily have unbound her &s;elf; near her likevvi&s;e they laid a piece of <HI>Red Damask,</HI> vvherevvith <HI>VVearing</HI> pretended they had blinded her, and &s;o charging them not to &s;tir for half an hour, nor make any noi&s;e, under the pain of being &s;hot or run through; (for as they &s;aid, they vvould &s;tay half an hour to ob|&s;erve them) and having plunder'd the Hou&s;e they departed vvith their Booty: When as Mrs <HI>Gatford</HI> hearing all &s;till, and imagining as much, bid her maid (vvho by this time had gotten her &s;elf pretty vvell at liber|ty) to cry out which &s;he feigned to do, but vvith &s;o lovv a Voice, as &s;he vvas &s;ure &s;he could be heard by none, and therein excu&s;ed her &s;elf through the fear &s;he conceived of having her Throat Cut if they &s;hould happen to return; hovvever, &s;he got &s;o much her liberty, that &s;he untiy'd her mi&s;tre&s;s, and then pretndned that her hands vvere tyed over her Head, vvhich vvhen her Mi&s;tre&s;s vvent to help her, &s;he found the &s;ame vvas &s;o loo&s;e that &s;he could ea&s;ily have untyed her &s;elf.</P>
<P>The Robery being thus Committed that Di&s;covery might the better be made: It vvas for &s;ome days kept a little private, for vvho vvere
<PB N="14" REF="9">
the Robers was not as yet known to Mr. <HI>Gatford</HI> nor his Wife; and be|cau&s;e one Mr. <HI>Hamlin</HI>'s Evidence on this occa&s;ion was rare and unu&s;u|al corroberating and confirming that which was more po&s;&s;itive.</P>
<P>Mr. <HI>Hamlin</HI> being called and &s;worn for the King, depo&s;ed that &s;ome|time before the Robery, going with a French Merchant to a <HI>Mu&s;ick-Hou&s;e</HI> near <HI>Moor-Fields</HI> to look for a <HI>Laundre&s;s</HI> who had pawn'd one of his Cravats, that he might per&s;wade her to tell him where it was, and he thereby have the opportunity of Redeeming it: Having found the Par|ty whil&s;t his Friend was di&s;cour&s;ing her, he retired and went down into the <HI>Mu&s;ick-Room,</HI> and &s;at him down by <HI>Agnes Wearing</HI> (whom he then knew not) accompanyed only with an Old Woman, which made him pre&s;s him&s;elf into her Company and pa&s;s &s;ome Complements on her; &s;he being well habited, and making &s;uch a &s;uitable Return, he earne&s;tly de|&s;ired to know what &s;he was, &s;he thereupon told him <HI>He was mi&s;taken in the Per&s;on he addre&s;&s;ed him&s;elf to, for that &s;he was but a Cook-Maid;</HI> and when he found &s;he made &s;ome difficulty in believing it, becau&s;e &s;he was better habited than might well con&s;i&s;t with &s;uch an Employment, &s;he told him, <HI>That he might go a long with her and be &s;atisfied,</HI> to this he con&s;ented, and went with her and the Old Woman as far as <HI>Houndsditch</HI> where the latter turned off: From thence <HI>Agnes Wearing</HI> went with him through <HI>Bi&s;hops-Gate,</HI> and &s;o to her Ma&s;ters Hou&s;e in <HI>Lyme&s;treet,</HI> and &s;hewing him the Kitchen and all its Furniture, demanded, <HI>If he was confirmed in what &s;he &s;aid, and &s;ome other words having pa&s;&s;ed, &s;he de&s;ired him not to &s;tay at that time, lea&s;t Notice &s;hould be taken of it, but if he would take any other opportunity to &s;end for her, either to Ale-hou&s;e or Ta|vern, &s;he would come to him,</HI> and &s;o they parted.</P>
<P>About two days after the Robery was Committed, Mr. <HI>Hamlin</HI> being one Evening upon the <HI>Exchange</HI> with a <HI>Scotchman</HI> a Friend of his, his Friend asked him, <HI>If he knew not where to &s;pend an hour or two that dull Evening,</HI> to which he replyed, <HI>He had a new Mi&s;tre&s;s who&s;e Conver&s;a|tion was very taking, and who had invited him to pay her a vi&s;it,</HI> and &s;o proceeded to tell him the whole Story, whereupon they agreed to go thither; and it being &s;omewhat dark Mr. <HI>Hamlin</HI> left his Friend at a di|&s;tance, and knocked at her Ma&s;ters Gate, holding (to be the le&s;s known if any body el&s;e &s;hould open it) the ends of his <HI>Periwig</HI> in his mouth; (the Po&s;ture the party came in that fir&s;t &s;eized Mrs. <HI>Gatford:</HI>) Scarce had he knocked twice when <HI>Agnes Wearing</HI> opening it, and not being capable of di&s;cerning who he was; but &s;uppo&s;ing him to be the Per&s;on he was not, fell to pu&s;hing him back, and as one in an extraordinary &s;urprize, cryed out, though &s;omewhat low, <HI>O! Mr.</HI> Davis <HI>what do you do here, will you ruin your &s;elf and me? there is a great ado about the Robery, and I would not have you appear here this Month: Is the Plate &s;ecure? Have you &s;hared the Money? Is Mr.</HI> Holland <HI>&s;afe?</HI> and having &s;aid the&s;e Words, (to which Mr. <HI>Hamlin</HI> conceiving &s;ome Robery had been Committed made her a &s;uitable reply;) She thru&s;t him to be gone and &s;hut the Gate. This Mr. <HI>Hamlin</HI> told to his Friend and divers others, and heard &s;oon after of the Robery that had been Committed, and advi&s;ed with &s;everal, whether he &s;hould acquaint Mr. <HI>Gatford</HI> with what he had heard; but &s;ome alledging he might bring him&s;elf into trouble if he had no better ground for it, or no more to te&s;tifie than what he had
<PB N="15" REF="9">
heard, whereupon he forbore it a Month or thereabouts; after that he met <HI>Agnes Wearing</HI> in <HI>Moor-Fields</HI> with <HI>Hollands</HI> Foot-boy after her, and began to renew his former Acquaintance with her, but at fir&s;t &s;he &s;eemed &s;trange and would not know him, till he remembred her of &s;e|veral pa&s;&s;ages that had been between them, and then &s;he told him, <HI>She was fearful of lying aloan, and that &s;he was going into</HI> Spittle-Fields, <HI>to get her Si&s;ter to lye with her;</HI> for it &s;eems &s;he then was come from her place. This would not &s;atisfie him, but he would needs drink with her; &s;o af|ter having taken a View of <HI>Bethlehem,</HI> and di&s;mi&s;&s;ed the Boy, they went to a Hou&s;e near <HI>Moor-Gate;</HI> and there he told her how &s;he had mi&s;taken him &s;uch a Night, and what he had heard her &s;peak and ob&s;erved, whereupon &s;he began to excu&s;e it and to change Colour, and in the end Confe&s;&s;ed, <HI>She was mi&s;taken, but that there was nothing in it,</HI> or to that ef|fect, and &s;o they parted. Mr. <HI>Hamlin</HI> not long after acquainted Mr. <HI>Gat|ford</HI> what he heard from <HI>Agnes Wearing,</HI> and <HI>Holland</HI> having had Notice of this from the &s;aid <HI>Agnes,</HI> went to take up the &s;aid <HI>Hamlin,</HI> for charging him fal&s;ely with the &s;aid Robery: Then <HI>Margaret Harris</HI> being Sworn, &s;aid that &s;he went to live with one Madam <HI>Walton,</HI> who lodged then at one Mr. <HI>Canes</HI> in <HI>New-&s;treet</HI> as her hired Servant about the middle of <HI>Au|gu&s;t</HI> la&s;t, and that on or about the beginning of <HI>September, Davis, Holland,</HI> and one <HI>Bi&s;hop,</HI> were together at the <HI>Dog-Tavern</HI> in, or near, <HI>Newgate-&s;treet</HI> with her Lady (for &s;o &s;he called her) &amp; another Woman, which &s;he &s;ince believes was Mr. <HI>Gatfords</HI> Maid, making very merry there; and that a|bout the middle of the &s;ame month of <HI>September,</HI> &s;he was &s;ent out by her Lady to find out one Mr. <HI>Price,</HI> but not finding him &s;he returned to her Lady, &amp; found <HI>William Davis,</HI> whom &s;he often had &s;een there before, near her Clo&s;et Door, and one <HI>Humpton</HI> &s;itting in the Room behind the Door, and &s;he then going near to her Lady, to give her an Account of her Er|rand, looking over her &s;houlder, &s;aw <HI>Davis</HI> take out of his Pocket a great handful of Rings; a great part of which were mourning Rings, and from among&s;t them gave her Lady a Diamond Ring, &s;oon after which, <HI>Davis</HI> and <HI>Humpton</HI> went away together; and then her Lady &s;aid to her, <HI>Margaret, &s;ee here what a fine Ring Mr.</HI> Davis <HI>hath given me,</HI> which &s;he then looked upon, and ob&s;erved the &s;ame to be a Diamond-Ring with &s;even Stones, in the middle one having a flaw therein fill'd up with Sil|ver; and thereupon told her Lady that &s;he wondered &s;he would take it of him, for that he was a Clipper, a Shop lifter, and a very ill man, and therefore to be &s;u&s;pected that he had &s;tolen it; to which her Lady re|plyed, that &s;he did not care if he Robbed all the Shops in Town, &s;o that he maintained her hand&s;omely; upon which &s;he replyed, &s;he doubted &s;he would bring her &s;elf into trouble by it, and was &s;orry for it; upon that, her Lady was very angry with her, and gave her a Box on the Ear, and bid her meddle with her own bu&s;ine&s;s. About three or four days afterwards, her Lady &s;ent her to her Daughters, one Mrs. <HI>Stanly,</HI> at one <HI>Foots</HI> a Barber in <HI>Blow-Bladder-&s;treet,</HI> over again&s;t the <HI>Dog-Tavern</HI> before mentioned, to borrow &s;ome money of her; where when &s;he came, &s;he found her a Bed, &amp; gave her then an account of her bu&s;ine&s;s, who told her &s;he had no money; whereupon &s;he asked her if &s;he had the <HI>Gazette,</HI> up|on vvhich, Mrs. <HI>Stanly</HI> told her &s;he had, and there vvas a great Robe|ry Committed, mentioned therein, and &s;hovved it to her, vvho read it, and found a Diamond-Ring vvith &s;even Stones, and other De&s;criptions
<PB N="16" REF="10">
according to what &s;he had ob&s;erved in the Ring &s;he &s;aw <HI>Davis</HI> give to her Lady therein mentioned to be &s;tolen, with &s;everal other Rings, where|upon &s;he &s;aid, that Ring which <HI>Davis</HI> had given to her Lady, was the Ring therein mentioned; and that &s;he believed that <HI>Davis</HI> and <HI>Holland</HI> (for that &s;he found them often together concerned in many Crimes) had Committed the Robery, and asked Mrs. <HI>Stanelys</HI> Advice, whether &s;he had not be&s;t write a Letter, and put it into the <HI>Penny-Po&s;t,</HI> to give Mr. <HI>Gatford</HI> an account of it; Mrs. <HI>Stanely</HI> replyed, &s;he believed it to be true, but if &s;he &s;hould do it without her Mothers con&s;ent, &s;he would go nigh to kill them both; whereupon &s;he went back to her Lady, and carried the <HI>Gazette</HI> with her, and told her what di&s;cour&s;e had pa&s;&s;ed between her and her Daughter concerning the Ring, and gave her the <HI>Gazette,</HI> and &s;hewed her the place where the Robery was mentioned, and told her of her Daughters, and her intentions, but &s;he was very angry thereat, and called them a couple of Bloody Bitches, and asked whether they had a mind to dip their hands in innocent Blood, and beat this Deponent, and Tore all the Cloaths off her Head, and gave her a blow on the Face, and made her No&s;e bleed; but it &s;o happened, that a Night or two afterwards &s;he apprehended her Lady was in a better humour, and therefore de&s;ired again that &s;he would permit the Ring to be produced to the Mini&s;ter that was Robbed, believing it to be his Ring, and offered that &s;he &s;hould have the Ten Pounds; but her Lady refu&s;ed &s;o to do, and then collogued with her, and was very kind to her, and offered her Ten Pounds not to be concerned any more about it, and promi&s;ed to keep her like a Gentlewoman whil&s;t &s;he lived with her, and if &s;he married &s;he vvould give her Five hundred Pound, and if &s;he continued vvith her till &s;he dyed, &s;he vvould give her Fifty Pound a Year, for One &amp; Tvven|ty Years; to all vvhich, &s;he an&s;vvered very little; but about a Fortnight aftervvards on a <HI>Sunday, Davis</HI> came and demanded the Diamond Ring of her Lady, which this deponent advi&s;ed her privately, not to let him have; however he &s;ate down by her Lady on the Bed-&s;ide, with his hand upon his Knee, and whil&s;t he was di&s;cour&s;ing &s;he ob&s;erved a large plain Gold Ring upon his Finger, which &s;he with his leave took off to look upon, much commending it, and de&s;iring that he would give it her, and looking upon it and the Po&s;ie, which was, <HI>God above increa&s;e our love;</HI> &s;he read the &s;ame aloud, in the pre&s;ence and hearing both of her Lady and the &s;aid <HI>Davis,</HI> upon which &s;he told <HI>Davis</HI> it was a good Po&s;ie, and &s;ince he had promi&s;ed to get her a Husband, he would do well to give her that Ring again&s;t &s;he got him, but he would not, whereupon &s;he gave it him again, but did not ob&s;erve that her Lady did let him have the Diamond Ring again; but after he was gone, &s;he &s;aid to her Lady, <HI>what think you now Madam, is it not true that</HI> Davis <HI>and</HI> Holland <HI>robbed the Par&s;on, for this is the Ring, and the Po&s;ie I read to you in the other Ring is the &s;ame po&s;ie, both mentioned in the</HI> Gazette; whereupon her Lady (as formerly) was very angry with her; but about two or three Nights afterwards, <HI>Davis</HI> and one <HI>Harri&s;on</HI> came into her Ladys Chamber, and &s;iting down, <HI>Davis</HI> pulled forth a handful of Guineas and other pieces, upon &s;ight of which, her Lady &s;aid, Mr. <HI>Davis</HI> when will you &s;end me in &s;ome&mdash; <HI>Davis</HI> replyed, and &s;wore a great Oath, that next Week he would &s;end her in a Butchers Tray full; whereupon &s;he &s;aid to Mr <HI>Harri&s;on,</HI> we &s;hall have Guineas enough to Thatch a Hou&s;e: And after they vvere
<PB N="17" REF="10">
gone, &s;he de&s;ired leave of her Lady, that &s;he might go and di&s;cover this vvhole matter, othervvi&s;e mi&s;chief might come of it, but her Lady vvould not let her go; and one day in the morning early, &s;he de&s;ired the maid of the Hou&s;e to call her as if &s;ome per&s;on would &s;peak vvith her, intending by that means to have got out to make the Di&s;covery, vvhich the maid did; and vvhen &s;he vvas going, her Lady lept out of her Bed and &s;topt her, and beat her very much and locked her up, pretend|ing &s;he had got the Ring, and then &s;oon after favvned upon her, letting her knovv that &s;he had accu&s;ed her unju&s;tly, and repeated her former promi&s;es to her, to engage her to the contrary: Hovvever, tvvo days aftervvards being in <HI>October,</HI> on a <HI>Wedne&s;day</HI> in the Se&s;&s;ions Week; &s;he again de&s;ired to go forth, to deliver a Letter for her Father, but her Lady &s;u&s;pecting &s;he would go tell Mr. <HI>Gatford,</HI> charged her not to do &s;o upon her Salvation, and withal &s;wore her upon a <HI>Ma&s;s-Book,</HI> that &s;he &s;hould not tell Mr <HI>Gatford,</HI> by which compliance &s;he got leave to go forth, and then went immediately to her Si&s;ters, at Madam <HI>Armatages</HI> in <HI>Crain-Court</HI> in <HI>Fleet-&s;treet,</HI> and informed them both, of all tho&s;e pa&s;&s;ages; and advi&s;ed with them, whether &s;he might di&s;cover it notwith&s;tanding her Oath, who did advi&s;e her to go forthwith to Mr. <HI>Gatford</HI> and di&s;cover the whole matter, which &s;he accordingly did the &s;ame day, and afterwards went back to her Lady, and &s;tay'd with her tho' in great danger, and un|der much dread; being often told by her Lady, that they would do her a mi&s;chief; till the day before her Lady was taken and &s;ent to the <HI>Comp|ter,</HI> out of which &s;he was &s;oon after Bailed; and further &s;aith, that &s;he &s;aw her Lady have the &s;aid Ring in her Bo&s;ome the day before &s;he was taken, and often heard her &s;ay that &s;he would through it down the Hou&s;e of Office, before it &s;hould be di&s;covered: When &s;he had done, then Mr. <HI>Recorder</HI> asked her, where was that Madam <HI>Walton,</HI> &s;he had &s;o often mentioned in her Evidence? To which, &s;he an&s;wered that &s;he was there, (pointing up to the Gallery) among&s;t &s;everal other Ladys and Women: Whereupon Mr. <HI>Recorder</HI> order'd an Officer to go up im|mediately and wait upon her down, and thereupon &s;he was brought into Court, (very richly habited) and pretended &s;he was an <HI>Iri&s;h</HI> Earls Daughter, and a Woman of Quality; however &s;he was committed to Pri&s;on upon the Evidence that had been given, and an Indictment or|der'd to be preferr'd again&s;t her, and per&s;ons bound to Pro&s;ecute the &s;ame, which afterwards was accordingly done, and the Indictment found, and there was a Letter likewi&s;e given in Evidence again&s;t <HI>Holland,</HI> which <HI>Holland</HI> own'd to be his hand, and was wrote to <HI>Agnes Wearing,</HI> &amp; did mention things relating to this bu&s;ine&s;s; and then <HI>Holland</HI>'s Foot-boy was called and Sworn, who te&s;tified that he had been often &s;ent on me&s;&s;uages by his Ma&s;ter to <HI>Agnes Wearing,</HI> and by that means was in|&s;trumental in having her taken by di&s;covering the Lodging that his Ma|&s;ter had often provided for her, tho' &s;he had &s;hifted them divers times, and being in Cu&s;tody upon hearing that <HI>Davis</HI> and <HI>Holland</HI> were taken, &s;he cry'd out we are all concerned, and hoped they &s;hould live and dye together, for &s;he was re&s;olved &s;he would live and dye with them.</P>
<P>This being the Sub&s;tance of the Evidence given again&s;t the Pri&s;oners at the Bar: They were then asked by the <HI>Recorder</HI> every one of them &s;ingly, what they had to offer in defence of them&s;elves again&s;t this great Crime. Thus as it were miraculou&s;ly made out again&s;t them, <HI>Davis</HI>
<PB N="18" REF="11" MS="y">
endeavoured to make it appear, that he had bought the Diamond Ring and as for the Wedding-Ring, there were few Gold&s;miths Shops, that afforded not Rings with the like <HI>Po&s;ie,</HI> and did produce a per&s;on in Court, of whom he had bought a Diamond-Ring, but it was about Nine Months &s;ince, and the &s;ame did appear to be ano|ther manner of a Ring, and di&s;po&s;ed of before the Robery was committed, and the Ring he had given to his mi&s;tre&s;s con&s;equently could not be the &s;ame, then he called Per&s;ons to di&s;credit <HI>Margaret Harris,</HI> by alledging her unju&s;tne&s;s, and among&s;t others, a mi&s;tre&s;s with whom &s;he had formerly lived, who in&s;tead of accu&s;ing her of Di&s;hone&s;ty, gave her a good Cha|racter. <HI>Holland</HI> alledged malice in Mr. <HI>Hamlin,</HI> and that Mr. <HI>Gatford</HI> had brib'd his Foot-boy, but the former not appearing, and the Boy up|on Oath declaring the contrary, that Mr. <HI>Gatford</HI> had indeed promi&s;ed him two Guineas to di&s;cover the Lodging of <HI>Agnes Wearing,</HI> the which when he had done, he would not give it him till the Tryals were over, le&s;t the Pri&s;oner &s;hould con&s;true that as a Bribe, to induce him to Swear again&s;t them; and having nothing more material to offer further in their Defence, <HI>Agnes Wearing</HI> in&s;i&s;ting upon her innocence.</P>
<P>Mr. <HI>Recorder</HI> Sum'd up the Evidence to the Jury, very particularly, and at large, and more e&s;pecially after he had repeated <HI>Hamlin's</HI> Evi|dence given again&s;t <HI>Holland</HI> (which he ob&s;erved was their mo&s;t diffi|cult parts, for that generally what one Pri&s;oner &s;aith of another is not Evidence) yet as this Ca&s;e is, they might con&s;ider the occa&s;ion that moved <HI>Agnes Wearing</HI> to &s;peak what &s;he did, it being without any Com|pul&s;ion, or any thing laid to her charge at that time &s;he could not &s;peak it out of any by Ends, or dread, but merely upon a mi&s;take and &s;ur|pri&s;e, apprehending it was <HI>Davis,</HI> becau&s;e of his appearing to her in the &s;ame po&s;ture as <HI>Davis</HI> was in, when he &s;eized upon Mrs. <HI>Gatford,</HI> and then it was very plain by the whole cour&s;e of the Evidence, that <HI>Holland, Davis,</HI> and <HI>Wearing</HI> were all well acquainted, and their familiarity began much about the time, when this Fact was Committed, and they both very fond of her, but <HI>Holland</HI> more e&s;|pecially, he u&s;ing all Diligence to take care of her, and conceal her, by providing &s;everal Lodgings for her in by places, and what was te&s;tified again&s;t <HI>Davis</HI> and <HI>Agnes,</HI> and what &s;he confe&s;&s;ed to <HI>Hollithorn,</HI> made it plain if they did give credit to the Witne&s;&s;es; &s;o that upon the whole matter, he left it to them, whether they would find all or any, and which of the Pri&s;oners Guilty or not Guilty of this Crime, whereof they &s;tood charged within the Indictment.</P>
<P>Whereupon, the Jury after they were withdrawn &s;ome time, came in, and found them all three Guilty of the Indictment; and <HI>William Da|vis</HI> and <HI>Agnes Wearing,</HI> were Executed on <HI>Wedne&s;day</HI> following, and <HI>Holland</HI> Reprieved.</P>
<CLOSER><DATELINE><HI>This may be Printed,</HI> R. L. S.
<DATE>January <HI>the</HI> 9th: 1685.</DATE></DATELINE></CLOSER>
<TRAILER>FINIS.</TRAILER>
</DIV2>
</DIV1>
</BODY>
</TEXT>
</EEBO>
</ETS>
