Old Bailey Proceedings punishment summary, John Paine, Sexual Offences > bigamy, 11th December 1678.

Reference Number: s16781211e-1
Offence: Sexual Offences > bigamy
Verdict: Guilty > pleaded guilty
Punishment: No Punishment > pardon

The Petit Juries for London and Middlesex were discharged.

Then the Court proceeded to Judgment upon the Prisoners, according their Convictions.

Those to whom the benefit of Clergy, as Men, and the punishment of Branding, as Women, was allowed, were.

Joseph Brown, William Shakesby, John Baltee, Thomas Jackson, William Lucas, John Macarty, Hannah Kinman, & Hannah Downes,

In all 8. in London.

In Middlesex.

William Baker, and Anne Mounsdell.

Ralph Leech for respect to his age, the Court took time to consider after a very severe check, and having craved the benefit of his Clergy.

John Spittle, who desired transportation, was set aside for it.

John Paine, Sexual Offences > bigamy, 11th December 1678.

Reference Number: s16781211e-1
Offence: Sexual Offences > bigamy
Verdict: Guilty > pleaded guilty
Punishment: No Punishment > pardon

John Paine , who had confessed himself guilty of Felony upon his Arraignment, for marrying a second Wife , the first being alive , did desire the benefit of his Majesties late Gracious Act of Pardon . Which the Court upon perusal of the Act thought fit to grant him, but told him that he ought to make a recompence to the parties injured, which were both his Wives, for Poena potest dirives, culpa perennis erit.

The Persons ti'd up by the Executioner for judgment of Death, were these Six.

Susan Banster, for stealing goods of 13 l. value, and who had been sentenced to be transported before.

Stephen Arrowsmith, for a Rape committed upon Elisabeth Hopkins, an Infant of 8 years of Age.

Nicholas Bradshaw, for high Treason, in clipping the Coyn of this Kingdom.

John Leak, for stealing Cloth off of the Tenters, contrary to the Statute in that case provided.

Edward Preston, for stealing of a Mare. Which by Statute also is deprived of benefit of Clergy. And,

Nathaniel Russell, for the Murder of William Midgley.

These Persons being severally called to the Bar, and told of their Convictions, were demanded of, what they could say to arrest the judgment of Death: they could alledge nothing, and therefore

Proclamation being made for Silence, while judgment was in giving, the Recorder spoke to them thus.

YOu that are the Prisoners at the Bar have been severally Indicted of several Offences, and upon your Trials, you have had the benefit of the best of Laws, because you have had the liberty of making your defence to the several Accusations whereof you have been accused. You have been fully heard, and by Persons of known integrity, who have been Triers of the Fact, and Countrey-men of your own, sworn to do you Right; you have been Convicted of the several Offences wherewith you stand Charged, and nothing remains, save onely for the Court to do that Duty which the Law requires of them, to give Judgment upon those Verdicts by which you stand Convicted.

This is a Duty incumbent on the Court, though a sad one; and I must confess, I cannot but be much troubled to see Youth arrived to that heighth of Debauchery, notwithstanding the frequent Examples that are found in this Place. So that I must say, and I tremble to think I am obliged to say, That the frequent Examples of this Place seem rather to be Examples to some to outdo the Villanies that are punished here, than to deter them from the commission of them.

When I see some among you there, that now seem mighty full of grief, and sense of the deplorable condition you have brought your selves into; who have had Mercy shewn them here, and yet continue to offend so gracious a King; when nothing will work upon you, but you will persist in so vile an habit of wickedness; it seems to me, that absolutely necessary Judgment be speedily executed upon you, there being so small hopes of Reformation. I speak this to let the World know, Mercy is not to be shewn to such, as after forgivness sin yet worse.

And in as much as you have received fair and full Trials, upon which you have been Convicted, you have by your own vile carriages forfeited that Life, which you might else have happily enjoyed; and shorten'd that, which by your own industry you might have preserv'd and lengthen'd, to the comfort of your selves and Friends, and the good of your Generation. And now it remains onely for you to take care of that little, very little time that is left you, to improve it to the utmost, for the advantage of your immortal Souls. For having by your great wickedness and publick affronts to the Justice of the Nation forfeited your lives, it will be needful for you to employ the minute of breathing time to prepare for Eternity. For though the Law do inflict the punishment of death on you here, you have God in Heaven, and a blessed Saviour and Redeemer, to whom, upon Confession and Repentance, you may with hopes apply your selves for mercy in the World to come.

And it will be the duty of every good Christian, not onely to take care, that being warned by your Examples, they avoid the mischiefs you have run into, but also to joyn their Prayers, and all the assistance they can contribute, to the saving of your Souls, who by your Crimes have thus destroyed your Bodies.

Some of your Offences are of a more vile, more black, and more dangerous nature than others; one of you stands Convicted of that most horrid Crime, Murder, blood which cries out to Almighty God for vengeance; Murder, I cannot but say, without any provocation; which is not onely an offence against the Law of God, but even against Nature, for one man to destroy another without a provocation. If there were no such thing as a God in Heaven, or Justice upon Earth, Nature it self teacheth a man not to be barbarous to his own likeness. Therefore it will become thee to use all the tears thou canst shed, to wash away the blood thou hast spilt, and that will not be enough to take off thy guilt; for nothing but the precious blood of our dear and blessed Lord and Saviour, the Lord Jesus Christ, can save a man that is guilty of so great and horrible a wickedness as shedding innocent blood.

And for the rest, their offences have been such, as by the Law are to be punished with death. It will become you to betake your selves to Repentance; and I expect it from him whose proper business it is, that he give you all the assistance he can to promote so good a work, by helping you to spend your little time well, in order to a happy Eternity. This I have spoken in charity to your Souls. I do therefore in the name of the Court pronounce this Judgment upon you all, save onely the Youth that is convicted for clipping the Kings Coin, That you shall go from hence to the place from whence you came, and from thence to the place of Execution, where you shall severally be hanged by your necks till you be dead; and Jehovah the Lord of Heaven and Earth have mercy upon your Souls.

Then he applied himself to the Young Man for Treason, thus:

YOu the Prisoner at the Bar, have likewise been Arraigned and Tried for an Offence, that by the Law is made High Treason, the Clipping of the Kings Coin. I am sorry, heartily sorry, and very much lament to see a Youth, in whom there seems to be so much modesty, far from persuading any one to believe, that any manner of Villany should lurk underneath so promising and so good a Face, come under the guilt of so great an Offence. But the truth of it is, the Apprentices of London have got such a Trade of abusing their Masters by Clipping, and such tricks, which they are encouraged to by a pack of Goldsmiths Men, who are fit for their purpose, that if some of them be not made Examples, it will be the ruine of many. It is a disease that will run through the whole Flock. And I am sorry to see you the first sad lamentable instance of that Justice, which must pass against Offenders of that kind, whose modesty should have prevail'd upon you, not onely to look like a vertuous Boy, but so to have acted.

But in as much as thou hast offended the Law, it will become thee also, if thou hast offended thy Master or any body else, to make them what reparation thou canst, by making confession of the offence, and discovering the Parties that were concerned with thee, whoever they are. For there can be no better means for Salvation in the next World, nor hopes of Mercy in this World, than by confessing thy Crimes, and telling the Accomplices, and 'tis my advice, Tell all thou knowest. But I must declare the Judgment of the Law, which is this, and the Court doth award it,

That you are to go from hence to the place from whence you came, and from thence be drawn on a Hurdle to the place of Execution, where you shall be hanged by the neck till you be dead, and the Lord have mercy upon your Soul.

Then Susan Banster being asked what she could say in delay of Execution, she desired to be Transported.

Then the Prisoners Convict for Petty Larceny, who were these, George Cletheroe, Samuel Thompson, Mary Read, Mary Hipkins, Margaret Smith, Mary Hutchins, Richard Symell, Thomazine Davies, Judith Smith, and Anne Harris, in all, Ten: whose Sentence was delivered thus:

YOu the Prisoners at the Bar, I have observed in the time that I have attended here, that your Pick-pockets, Shop-lifters, and you other Artists, which I am not so well acquainted with, which fill up this place, throng it most with Women, and generally such as she there, Mary Hipkins, with whom no admonitions will prevail. They are such, whose happiness is placed in being thought able to teach others to be cunning in their wickedness, and their Pride is to be thought more flie than the rest: A parcel of Sluts, who make it their continual study to know how far they may steal, and yet save their necks from the Halter, and are as perfect in that, as if they had never been doing any thing else. But take notice of it, you that will take no warning, I pass my word for it, ife'er I catch you he again, I will take care you shall not easily escape.

And the rest of those Women, that have the impudence to smoke Tobacco, and gussle in All houses; pretend to buy Hoods and Scarfs, onely to have an opportunity to steal them, turning. Thieves to maintain your luxury and pride: So far shall you be from any hope of mercy, if we meet with you here for the future, that you shall be sure to have the very rigour of the Law inflicted on you. And I charge him that puts the Sentence in Execution, to do it effectually, and particularly to take care of Mrs. Hipkins, scourge her foundly; and the other Woman that us'd to steal Gold Rings in a Countrey Dress; and since they may have a mind to it this cold-weather, let them be well heated.

Your Sentence is this, That you be carried from hence to the place from to hence you came, and from thence be dragg'd ti'd to a Carts-rail through the streets, your Bodies being stript from the Girdle upwards, and be Whipt till your Bodies bleed.

John Leak, who was found guilty of stealing Cloth off the Tenters, and received Sentence of death for it, according to the Act in that case, which also gives the Court power to Transport the Party, if they see sit, was by the Court Reprieved in order to Transportation, being an able Sea-man, and one that had done the King good service at Sea.

The Prisoners Fined for Trespass and Misdemeanor, were Matthew Momford, Thomas Johnson, and John Johnson.

To Matthew Momford, who was the Soldier that had spoken such bad words, Mr. Recorder gave this Admonition:

YOu the Prisoner at the Bar, see now the great Inconvenience that comes upon the debauchery of some People; you that seem to have no Religion in the World but when you are drunk. But you must not think, drunk or sober, to revile the Protestant Religion, and go unpunished for it. Let the times be thought never so dangerous, yet I hope it will be always seen, that the Magistrates of this City and Kingdom dare tell all Mankind, They do and will own the Protestant Religion, and dare curb the proudest He, who shall presume to transgress our Laws, or offer to reproach our Religion. And all the Priests and Jesuits they have shall never blow up any man to that heighth of Impudence, as to dare do any thing in contempt of the Government, or affront to our Religion, but we will be sure to take down his pride, and make him know that he shall be subject to Justice. And so shall you find, who when you were drunk, could brag you were a Papist, and hoped to see Protestants burnt. You are an excellent man no doubt at a Faggot. Your contempt is very great, and the Court is very sensible of it; and that all the World may take notice how sensible they are, and of their resolution, that such Offendors shall not go unpunished; and that you may see, it shall not be a sufficient excuse to say, You were drunk when you did it, and pretend to repent of it now you are sober, and to turn Protestant again, We do think fit to lay a Fine of 100 l. upon you, and commit you in Execution till such time as you pay it; and upon your Enlargement, you are to find Sureties for Good behaviour for seven years.

To Thomas and John Johnson, who stole the Lead off the top of Stepney-Church, he spoke thus:

YOu are Brethren in iniquity, Simeon and Levi. I find you are not Church-men the right way. But you are mightily beholding to the Constable, so much, that I think you ought to own it to him as long as you live; for if he had given you but half an hours time longer, you had been in a fair way to have been hanged. Your zeal for Religion is so great, as to carry you to the top of the Church. It is but a Trespass, it is true, but I assure you one of the rankest that ever I heard of, it is Cozen-German to Felony. If that be your way of going to Church, it is fit you should be taken notice of. Are you not ashamed to have offered at the commission of such an offence, in a Place whereto, if you were men that had any regard to a future state, you would pay a great reverence, because good men meet there to pray against such offences, not to commit then, as you did. The offence being so great, and the Trespass so rank, the Punishment must bear some pro portion to it, which is this, The Court doth set a Fine upon you of 20 l. a piece, and commit you till you pay it to the Common Gaol of Newgate; and you are to find Sureties for the Good Behaviour before you be discharged.

John Paine, Sexual Offences > bigamy, 11th December 1678.

Reference Number: s16781211e-1
Offence: Sexual Offences > bigamy
Verdict: Guilty > pleaded guilty
Punishment: No Punishment > pardon

John Paine , who had confessed himself guilty of Felony upon his Arraignment, for marrying a second Wife , the first being alive , did desire the benefit of his Majesties late Gracious Act of Pardon . Which the Court upon perusal of the Act thought fit to grant him, but told him that he ought to make a recompence to the parties injured, which were both his Wives, for Poena potest dirives, culpa perennis erit.


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