Wednesday the 5th, Thursday the 6th, Friday the 7th, Saturday the 8th, Monday the 10th, and Tuesday the 11th of May 1736. in the Ninth Year of His MAJESTY's Reign.
Being the Fourth SESSIONS in the Mayoralty of the Right Honourable Sir JOHN WILLIAMS, Knt. Lord-Mayor of the City of LONDON, in the Year 1736.
Printed for J. ROBERTS, at the Oxford-Arms in Warwick-Lane.
(Price Six Pence.)
BEFORE the Right Honourable Sir JOHN WILLIAMS , Knt. Lord-Mayor of the City of London; the Right Hon. the Lord Hardwick, the Hon. Mr. Justice Cummins, the Hon. Mr. Justice Denton, Mr. Serj. Urlin, Deputy Recorder of the City of London; and others of His Majesty's Justices of Oyer and Terminer for the City of London, and Justices of Goal Delivery of Newgate, holden for the said City and Country of Middlesex.
John Whitaker . The Casements belonged to a House of Mr. Ketterich, and I found them at an Old-Iron Shop, the Corner of Sea-cole Lane, the Day after the Men were taken up, which was about a Month ago.
Thomas Terrill . I was with the Prisoner when he took the Casements; the Prisoner Dean lived next Door to the Meeting House, from whence the Lead mentioned in the other Indictment was taken. We got in at a Window to take the Casements, and we sold them to one Monnear, who keeps an Old-Iron Stall the Corner of Sea-cole-Lane, for Three Farthings or a Penny a Pound, and shared the Money among us.
Thomas Newman . I lost the Goods; and the Prisoner being taken up on Mr. Ketterich's Account; I went to Terrill and examined him: he gave me an Account that they had stolen the Planks, and sold the Walnut-tree to one Bunyan a Turner, and the Wainscot to one Richard Rams ; they were taken out of my Work-shop in Black-Swan-Alley , and I found them according to his Directions.
Thomas Terrill . 'Tis all right; my Uncle Dean, the Prisoner there, and I took the Walnut-tree Plank out of Newman's Yard, and we sold it to Bunyan for 6 d. or 7 d. a Foot. We took two Wainscot Boards, and sold them to Rams: Uncle received the Money, and I had Part of it.
Bunyan and Rams, own'd they bought the Goods of them. Guilty .
The Prisoner being suspected by the Prosecutor, was charged with having taken the Tankard; he confess'd the Fact, and inform'd them that he had hid it under his Cellar-stairs, where it was found. Guilty 39 s.
Patrick Hall and Edward Dillon , not yet taken;) and stealing thence, a silver Watch value 4 l. a silver Porringer, value 30 s. a silver Cup value 3 l. a Pair of black silk Stockings, value 10 s. and a silver Spoon, value 10 s. The Goods of Thomas Gibson , March 26, 1735 .
Thomas Gibson . The Time mentioned in the Indictment, my Servant and I were at Work in the Bake-house; I sent him into the Yard for something, and hearing him cry out, I took up a long Pole and ran to the Door; this was about two o'Clock in the Morning; I had no sooner got to the Door, but a Man fired a Pistol at me, and wounded me in my Arm and Breast. A Second fir'd and wounded me in the Face, and beat me backwards. Then I saw three Persons, they took me in their Arms, unbottoned my Breeches, took out my Money, and laid me down; they brought my Man into the Bake-house, tied his Handkerchief over his Eyes, his Hands behind him, and sat him down by me. The Prisoner stood over me, swearing with horrid Oaths, if I spoke a Word, he would blow my Brains out, while the others got Candles and robb'd the House. They took many more Things than are mentioned in the Indictment; all that I had that was Valuable they took with them. The Prisoner was taken at Bridgewater in Somersetshire, and made a Confession before the Mayor and Alderman. One of the Rogues had been my Servant, and, I suppose, he was the Director in the Affair; the Prisoner I am positive was the Man that stood over me; I can't say whether they broke any Lock to get in; I believe they got over the Wall that is next the Fields, but they broke several Locks in the House to get the Goods.
The Confession being prov'd, it was read.
Parish of Bridgewater. The Confession of George Ward , taken the 24th of Feb. 1735, before Ambrose Hosee , Mayor, and Sam Smith , Justice of the Peace for the said Borough, who says, 'That he is about 24 or 25 Years old, ' born at Dublin, and was brought up a Joyner ; ' that he came from thence to London about last ' March was twelve Months, and work'd with ' one King, a Joyner, in Covent-Garden, lodged ' in Newtoner's Lane, at the House of one Fitzgerald, ' and at two or three other Houses near ' Drury-Lane, all the Time except about two or ' three Weeks that he lodged with one Conolly; ' that about the Beginning of March he went to ' Bristol, staid there three Days, and lodged in ' the House of one White; that he took Shipping ' there for Dublin, with Patrick Hall, and ' Edward Dillon . Dillon came into Bristol in Company ' with this Examinant, and Hall came to ' Bristol some Days after them; that he did not ' expose to Sale the Goods of any Person whatever. ' That in August he came to England, ' went to London, where he work'd at his ' Trade.
The 2d Confession of George Ward as aforesaid: Who saith, 'That notwithstanding his former ' Examination, yet he, for the sake of the ' Discovery of the Truth, and in hopes that his ' Majesty will shew him mercy, and admit him to ' be an Evidence, Farther confesseth, and faith, ' That he was present with, and assisting to ' Patrick Hall , Edward Dillon and Row, in ' entering the House of Thomas Gibson at Clerkenwell, ' about the Hour of two in the Morning, ' the 26th of March last, and robbing the ' said dwelling House of 2 Pieces of Gold, two ' gold Rings, several Shirts, a pair of silver ' Buckles, a silver Cup, a silver Porringer, Spoon, ' and other Goods, which were sold, and the ' Money divided between them and this Examinant: ' That Hall had been a Servant to Gibson, ' and had left his Service: That Hall, Row and ' Dillon being in company together, Hall proposed ' the committing this Robbery, telling them ' if they would try to get Money, his Master ' had Money, and he knew how to get into the ' House; that the Matter being agreed upon, ' the Night before the 25th of March, they ' went to the House; Hall led them to the Back-door, ' and that Gibson and his Man were up at ' Baking; the Man coming out of the Bake-house; ' He this Examinant, rush'd into the said ' Bakehouse and secured Gibson, while the others, ' rifled the House; and that the said Row, Hall ' and Dillon, are all in, or about Dublin.'
Bryan Bird . I was Servant to Mr. Gibson at the Time he was robb'd and was then with him at Work. I had occasion to go into the Yard for the Scovel to sweep the Oven, and which hung on the back of an Oven facing the Bake-house: As soon as I had laid hold on the Scovel, I heard a Noise, and turning about, I saw 4 or 5 Men, I am not positive to the Number, for I was much surprised: They rush'd upon me, and knocked me down, and silenced me, by threatning to blow
Q When you went out of the House into the Yard, did you shut the Door after you?
Bird. I don't remember whether I did or not. The Lock of the Yard Door was not broke, but they broke several Locks in the House, particularly, the Lock of a Chest of Drawers, and some large Locks on the Doors of the Rooms. Guilty , Death .
6. William Shaw , of St. Ann's Westminster , was indicted for stealing two Books, called the Adventures of Telemacus, 2 vol. of Persian Letters, and one Book called a Voyage to Barbary, and a Bailey's English Dictionary , the Goods of Charles Banner , April 26 .
The Fact being plainly prov'd, the Jury found him Guilty 10d.
Edward Loggan Bird. The Prisoner was my Servant 4 or 5 Months, and went away from me 6 Weeks, or 2 Months ago. I lost the Spoon before she went away, but did not charge her, nor any other of my Servants with taking it. I took her to be honest; but the 13th of last Month, she was stopt at the Pawn-brokers with it.
Spoon, so enquired how she came by it; she said she had it of Eliz. Cope. I said I must see this Eliz. Cope, and the Prisoner at the Bar was produced, who told me, she bought the Spoon in the Street. I enquired where she liv'd, and what was her Character; she carried me to Mr. Say's the Undertaker, who knew nothing dishonest of her; at last we went to Mr. Bird, at the Griffin Tavern, Holborn; Mr. Bird was not at Home, and the Woman in the Bar could not be positive to it; but when Bird came Home, he own'd the Spoon; the Prisoner was with us, and she said she bought it in the Street; we carried her before the Justice the same Day, and she was committed upon this.
I bought the Spoon (three Months before I liv'd with the Prosecutor,) of a Woman by the New Church in the Strand, and gave 8s. for it.
The Fact was fully prov'd, and the Jury found him guilty 39s.
The Prisoner came into the Prosecutors's Shop to buy Ferret; she took the Goods mentioned, and went out of the Shop; but being observed, she was followed and taken with the Goods upon her. Guilty 10d.
11, 12. Martha Hadley, otherwise Wilkins , and Eliz. Douglas, otherwise Redhead , of St. Mary-Le-Strand , were indicted for stealing a Silver Tankard without a Lid, value 5l. the Goods of Alex. Miller , out of his Dwelling House , April 26 .
Joseph Birchmore . I am a Pawn-Broker, on Easter Monday Evening, the two Prisoners brought me the Tankard to pawn. I asked whose it was, and one of them (Hadley) said, 'tis mine, and my Name is Martha Warren , I live in Turnball-Street. Why, says I, 'tis marked AMM. these Letters can't stand for your Name, I must be satisfied 'tis your's. I set the Tankard by, and took two Guineas, (the Money they wanted upon it) in my Pocket, and went with them where they said they liv'd; they carried me up one pair of Stairs; now, says she, you're satisfied, I hope, for this is my Habitation. I lent her two Guineas, and came down Stairs; but before I went out of the Neighbourhood, I enquired if Martha Warren
Robert Dennet . The 3d of February, going down the Poultrey , the Prisoner and another rushed by me, one of each side: I immediately missed my Handkerchief, and saw one of them go up towards Cheapside, the other towards the Exchange. I followed the Prisoner, took hold of him, and told him he had pick'd my Pocket: I saw him drop this Handkerchief, and it has my Name upon it.
- Saunders. I saw him drop the Handkerchief exactly against Stocks Market, from his left Side. Guilty 10 d.
The Goods being taken upon her: The Jury found her guilty. 4s. 10 d.
The Goods were found upon her, and she was found guilty 10 d.
19. Elizabeth Pain , of St. Giles Cripplegate , was indicted for stealing a Cotton Gown, value 5 s. a Pewter Tea pot value 6 d. one Tea-kettle value 2 s. one Pewter Dish value 2 s. 5 Pewter Plates, value 2 s. 6 d one black Callimanco Petticoat, value 10 s. and a Stuff Riding-hood value 2 s. the Goods of Thomas Winder , Feb. 26 . Guilty 10 d.
20. William Goodwin , was indicted for stealing in the Parish of Allhallows London Wall , one Cloth Coat and Wastcoat value 20 s a Pair of Gloves value 6 d. the Goods of Richard Terris , March 18 . Guilty .
22. Mary Hooper , of St. Margarets New Fish-Street , was indicted for stealing a silver Tea-spoon value 12 d. and two silk Handkerchiefs , the Goods of Robert Sladen , on the 30th of January . Acquitted .
23. Stephen Collard , was indicted for privately stealing from the Person of John Morris , in St. Christopher's Parish , a silver Watch value 5 l. a silver Chain value 7 s. and a Seal value 3 s. March the first .
John Morris . Last St. David's Day, I was going to Dinner at Merchant-Taylor's Hall, with the Welch Society, and in Threadneedle-street , within six or eight Yards from the Hall, I met the Prisoner at the Bar; he came rushing with his Belly against mine, I felt him take the Watch out of my Pocket, and saw it in his Hand. I seiz'd him, and tore his Cloaths; if they had held, I should have got my Watch again; but I saw him put his Hand behind him, and give it to another Man, and his Cloaths rent while he was doing it; I took care of the Prisoner, but the other Man, that receiv'd the Watch from him, got off.
Prisoner. I would ask how far distant I was from him, when he took hold of me?
Morris. The very instant I felt him, I took hold of him, and never parted with him 'till I had brought him before the Lord Mayor.
Prisoner. Ask him why he did not secure the Man I gave the Watch to?
Morris. It was impossible to secure him,
Q. Did you never hear he went by the Name of Long Will?
A. Then you do not know the Man.
John Davis. On Wednesday the 24th of March, the Prisoner came into my Shop, and desired me to take Measure of her for a Pair of Shoes, which I did; then she desired she might wait a little in the Shop for a Girl she expected to come by; she sat half an Hour, and another Customer coming in, while I was fitting him, she took the Goods, I did not miss them till next Morning, and being a young Shop-keeper was surpriz'd at losing my Goods. I told my Neighbours of my Loss, and Mr. Pierce inform'd me he had seen a Pair of double-channell'd Pumps sold with the Name Wright in the Inside. I knew they were mine by that, for I made them for a Gentleman of that Name.
- Pierce. The Prisoner brought the Shoes and Pumps to me, and would have me buy them. She ask'd 3 s. 6 d. for the Pumps, and took 3 s.
The Prisoner said, she had the Goods of a Shoe-maker in Tooley-street, who would have appeared for her, had he been Living. Guilty 4 s. 10 d.
25, 26. Sarah Tooting , of St. Paul Shadwell , was indicted for stealing a Silver Coral, a Silver Spoon, and two Razors , the Goods of William Snute ; and Eliz Hinds for feloniously receiving the said Goods knowing them to be stolen , the 20th of April .
William Snute. The Prisoner Tooting is my Servant , she is about 11 Years old. I lost those Things, and the Girl confessed she carried them to this Woman, who lives in King David's Lane , and sells Gin, and the Child has been acquainted with her these two Years.
- Clymore. My Master sent me to follow this Girl, in order to his finding out the Woman; and tho' I did not see her receive the Goods, yet I heard the Girl confess it before Justice Jones. Both acquitted .
Mary Wellsted . The Wig was the Property of Mr. Gray: I had borrowed it, and it was stolen from my Apartment. I made my Complaint to a Gentlewoman, who went with me to the Peruke-maker, and he told me the Prisoner had brought him a Wig to be buckled, which prov'd to be the same that I lost; and he confessed he took it before all the Watchmen when he was taken up
John Harrison . The Prisoner brought the Wig to me, and desired I would buckle it for him, and let it lie at my Shop, till he should call for it: When this Gentlewoman came to my Shop, I shewed her the Wig, and she own'd it: The Prisoner at first said it was given him, but afterwards he owned he took it from the Bannisters of the Stairs. Acquitted .
28: Frances Steel , of St. Giles in the Fields , was indicted for stealing two Blankets, a Brass Pottage Pot, a Brass Sauce-pan, a Pewter Dish, and three Pewter Plates, the Goods of Mary Holcraft , out of her Lodging .
Mary Holcraft. I let the Prisoner a Room ready furnished at two Shillings a Week; she lived there 11 or 12 Weeks; and not paying her Rent, I gave her Warning, and went to see if my Goods were in the Room: I miss'd the Goods mentioned, and was a long time persuading her to tell me where they were: At last she own'd she had pawn'd them to Mr. Collier in Denmark-street, where I found them all but two Plates she had pawn'd at another Place.
Frances Licence .
Edward Tost , Constable. I had a Warrant to search Colliers's House, but he produced the Things without our searching: The Owner of the Goods was present. The Creature at the Bar was formerly a Servant of mine, and to the best of my Knowledge behaved honestly.
The Gentlewoman my Landlady) used to help me to work (I took in Washing) but happening to miscarry about this Time, I could not work, and was obliged to make use of those Things, and intended to have redeemed them: I begg'd of her before the Justice to stay but a Week, and every Thing should be replaced in the Room. Acquitted .
29, 30, 31 Eliz Matthews , Eliz Venus , and Abigal Hart of St. Giles's in the Fields , were indicted for stealing an Iron Shovel, two Iron Hoops, fifteen Glass Bottles, and an Iron Reaping Hook , the Goods of Thomas Page , on the 24th of March .
Thomas Page . On the 24th of March I had my Door burst open, and some time after we caught two of the Women at the Door and suspected them of bursting it open again: We got a Warrant for them, and they owned that Hart broke open the Door, and directed us where we should find the Goods; we found all but about half a Dozen of the Bottles.
George Parker . As my Neighbour had complained of this Robbery to me, I apprehended Matthews, and Venus on the Premisses: On Venus's Information I took Hart; Venus confess'd that Hart opened the Door, that they all went in, took the Goods, and sold them at the Places where they were found.
32, 33 John Turner and Frances Williams , of St. Margaret Westminster , were indicted for stealing a Blanket, a Brass Warming-pan, a Pewter Dish, two Pewter Plates, and other Things, the Goods of Rachael Wheelwright , in their Lodging on the 24th of March .
Rachael Wheelwright . They hired the Lodging of me as Man and Wife, and had the Goods in their Possession. On the 24th of March, I gave them Warning, and found my Goods were gone; I desired them to tell me what they had done with them, and after many Words, she own'd they were pawn'd at Colonel Davy's at Westminster, and I seized the Goods in his House.
Prisoner Turner. I know nothing at all of the Matter.
Alice Turner . I can't say any such Thing. I told Mrs. Wheelwright, that she had let her Room to a Whore, and an impudent one too. The Man was a very honest Fellow, 'till he was seduced by this vile Siut. John Turner acquitted , and Williams guilty 10d.
Thomas Imeson . The Prisoner came to be hired as my Cook , and stole the Spoon before she went out of the House She confessed the Fact before the Justice, and sign'd her Confession after it had been read over to her.
Joseph Higginson . The Woman offered the Spoon to me to pawn. I asked her some Questions, and she trembled and quak'd exceedingly. I believe she had been guilty of such Practices before, for she carried me herself to the Prosecutor. Guilty 10 d.
Humphry Bushton. The Prisoner and her Husband took the Lodging. Having missed the Goods, and he being missing, I took her up with a Warrant, and she own'd she had pawn'd the Goods at the two Places where I found them.
Q. The People of your Trade are not apt to ask Questions.
Ann Gilner . I lent a Shilling upon the Bolster. Guilty 10 d.
37. William Fowkes , of St. James's Westminster , was indicted for stealing a blue Cloath Coat, a silver Shoulder-knot, a red Wast-coat faced with silver, the Goods of the Hon. Robert Cooke , Esq , and three Pair of Stockings and one Shirt, the Goods of William Vanderbank , April 22 .
William Bell . Wednesday was a Fortnight, we found my Master's Stables bolted on the Inside: We borrowed a Ladder and got in at the Windows, and found the Livery-coat gone, and some part of the Lace ripp'd off the Wastcoat; upon searching we found the Prisoner hid under one of the Stalls, with the Livery-coat on his Back. I asked him for the Shoulder-knot and the Lace, and he said he had put them into a Bag that hung in the Stable Room, and there we found them with a Shirt and 3 Pair of Stockings.
Edward Hickford . When the Thief was found they sent for me; I asked him how he came by the Coat, but he would give no Answer. He had the Coat upon his Back, and a Horseman's Coat over that, and told us where we might find the Shoulder-knot and the Lace.
Prisoner. I know nothing of this Charge. They took me before a Justice and robb'd me before him.
Q. How come it you did not indict them? Guilty .
38. Richard Nixon , of St. Mary Whitechappel , was indicted for feloniously breaking and entering the Dwelling House of Alice Stedman between the Hours of three and four in the Night, and stealing thence nine Cloath Coats value 36 s. eight Drugget Wastcoats, value 28s. three Cloath Wastcoats value 7 s. 6 d. two Drugget Wastcoats value 7 s. 6 d. the Goods of Hugh Harris , on the 13th of September last.
Margaret Harris . I know nothing of the Prisoners, my Shop is taken out of the dwelling House of Stedman, and on Saturday Night, about the 13th of September, I lock'd up the Shop, and made all fast; on Monday when I came to open it, I found the Groove of the Shutters cut, the Shutter stuck up in its Place, and all my Goods gone.
Q. Is there a Door out of your shop into the House?
Harris. No, my Shop is made intire to myself, and I have no Door but that next the Street, nor any Door into the House.
~ Thomas Dodd . The Prisoner about a Week before Christmas last, in Company with me in the dead of the Night, pull'd down the Slide of one of this Woman's Shutters, and got into the Shop: We took away 19 Coats, two Wastcoats, and a pair of Leather Breeches; seventeen of the Coats were stopt, and she has got them again, according to my Direction; some of the Goods we sold, and some we pawn'd.
Prisoner. He swears this against me, in Revence of a Quarrel. We fell out at Cricket, and fought, I beat him; and in an Hour or two afterwards he got me taken up.
Another Witness. The 15th of December I had 18 Garments brought to me, some Coats, and some Waistcoats. Dodd I am positive was one, and I believe the Prisoner to be the other. I stopt the Goods 'till they should satisfy me as to their Characters; they told me they would fetch a Person who knew them, but I never saw them any more. By Dodd's Information Harris was directed to me for the Goods I remember one of the Lads told me his Name was Nixon, and the other Thomas Cole . Acquitted of the Burglary, guilty of the Felony 39s
John Peacock The Fowls were in my Yard on the Friday Night the 2d of April : The next Morning my Pales were broke and the Fowls were gone. While I was at Change, a Man left Notice at my House, that this Dodd was seen with a Sack full of Fowls: We took him before Justice Farmer: He would own nothing till we took the little Boy Dobson; then he made himself an Evidence, and by his Directions, we took Nixon, and found five of my Fowls alive at one Nevet's in the &ack lane, Well-street. Nevet denied them, but upon searching
Thomas Dodd . The 3d of April Dobson and I was going down Armitage street, and Nixon coming by, he told us there was Fowls in this Yard, and we agreed to have them. We went down and broke the Pales, and took out two Cocks and 8 Hens; 5 of which we sold to Nevet alive; 2 we sold dead over against Nevet's House; two we sold in Petticoat-lane, and one we gave away: When the Fowls were disposed of, we all three went into Petticoat-lane; there we shared the Money, and bought a Hog's Face, which we eat in an Alehouse.
Nevet appeared, and was examined; but the Court understanding that he was indicted as an Accessary, the Jury was inform'd that they must not regard his Evidence.
I met with Dodd and Nixon in Well Street, and they made me drink half a Pint of Gin; I was drunk, and went with them to the Corner of the Lane; I stood at the Corner, and they brought the Fowls to me.
Nixon acquitted . Dobson guilty 10 d.
40. William Stephens , was indicted for that he March 15 on Catherine Skelton wilfully, maliciously, and feloniously, did make an Assault, and with both his Hands and Feet, in and on the Ground, the said Skelton did cast and throw; and the said Skelton so lying, he the said Stevens did divers Times strike and kick, giving her then and there, on the Head, Face, Stomach. Belly and Sides, several Mortal Wounds and Bruises, of which Wounds and Bruises from the 15th to the 20th of the same Month she languished and languishingly liv'd and then and there died .
He was indicted a second time on the Coroner's Inquest for the said Murder.
Hannah Smith . The Deceased died last Saturday was Six Weeks: On Monday before the Prisoner beat her and stamped on her in a violent Manner, and drag'd her out by the Hair of her Head. I saw no Provocation given, for she was darning a Stocking, and he struck her in the Face with his Hands and Feet, and stamped upon her right Side, so violently, that there was a great deal of Blood came out of her Nose. On the Tuesday he beat her again, and stamped upon her in the Entry, drag'd her out of the Brandy-shop, stamp'd upon her again, and she cried out, Dear, God, save my Life, he has killed me!
Q. What Relation was the Prisoner to Skelton?
Smith. They were Bedfellows I believe. This was in Bridges-street , where he had co-habited with her three Years, I sell Oranges just by them at the Door of the Play-house. I have seen him pull her in, and lock the Door upon her, and have heard her cry out, Murder.
On Wednesday I saw the Deceased, and said Katey, how came you to be so used? and she told me, that he came up again at two a-Clock and whipt her so violently, that the Scourges were on her Face when the Coroner sat on her Body. I saw her when she was dying on Saturday Night a Quarter before 9, and she died a quarter of an Hour before 10. She sent Jenny Hall for me. I went and found her sitting upright in her Bed; she said she was dying, and wished I would send f r a Minister: I am starv'd says she, pray let me have a Gill of Wine. I sent Jenny Hall for it to the Genoa Arms. Then she desired me to go to her Father, and tell him that William Stevens had killed and murdered her; but my Father, says she, won't do me Justice, I hope the World will. There was not, my Lord, a free Place, from Head to Foot, but all black as the Gentlemens Gowns.
Q. Had she any Physician or Surgeon?
Smith. Yes, Mr. Coldham was sent for, after she was dead: He would not let any one come near her while she was alive. I went to Stevens, to tell him the Deceased desired to have a Minister sent for: G - d D - n Kate Skelton , say he, the Minister, and you too; if she dies, she must be buried. This was at the Castle the Corner of Vinegar-Yard. I do believe she might be a little out of her Senses between whiles, because she told me, my Husband lay across the Feet of the Bed, and he was not there. and talk'd of a Child burning in the Fire.
Prisoner. I ask what time you saw me beat her, and whereabouts it was?
Smith. From two a-Clock to 8 a-Clock on Monday, I saw him beat her several Times in the Brandy-shop; then she went in, there he locked her in and beat her, and she cried out, Help! Murder!
Sarah Whitehead . I was coming by on Monday, and I went in for a Farthing's worth of small Beer; and while I was there, the Prisoner came in and tapp'd her in the Face; she said Will, don't beat me, and then he gave her a Punch in the Eye: I believe the Blow might do her a Prejudice.
Q. Was the tap in the Face given with Violence?
Whitehead. I can't say that; but a Man's Hand is heavy, I can tell that my self. Then he said, Kate come go to bed; says I, do Kate, go up with him, and the Woman in the Shop, said fye upon you, to stand by and see a Woman beat; why says I; if we say any Thing he'll beat us. She went up with him, and the next Morning she told me she was kill'd Will. Stevens had kill'd her; he had laid her down and trampled upon her. On Saturday I heard she was dead, and was so surpriz'd that I have never been myself since. I saw her after she had been dead about an Hour; when she was laid out, and after Mr. Coldham had opened her; her Side very black and bruised, but I cannot tell which Side, and there was a Plaister on it, other Parts of her Body was much bruised, and her poor Eye sunk in her head.
Prisoner. I ask if you never heard of her falling down Stairs drunk?
Whitehead. No never, I know once the Prisoner threw her down Stairs, and put-her Finger and Thumb out of joint.
Ann Thomas . I went up Stairs on Friday to see the poor Creature, and ask'd her if I should do any Thing for her; she desired me to get her half a Pint of Beer. I did, and made it hot, with Sugar and Nutmeg: I am afraid said I, that the Fellow has murdered you Mrs. Thomas. Says she. I am not long for this World, then the World will see this, when I am dead; and on Saturday she died. I was there when she was dead, and pull'd the Plaister off her Side, and there was not a free Place from the Crown of her Head to the Sole of her Feet, all black as a Shoe, and the Stripes in her Fore-head were as big as my little Finger; both Sides were black, but the right side was blackest. About a Month before, I saw her Arms whaled as thick as a Cane; I have seen him beat her so, that I thought no Christian Creature could have lived. About half an Hour before she died, I says to her, Katey, do you want any Thing? Will Stevens was hanging over her, and he said you want something under your Head; and he put her Petticoat behind her Head; there is no Occasion for it now, says she. I saw her after she was dead, and never saw the Fellow of her in my life.
Susan Turner . I was coming through the Play-house Passage on Saturday Night, and the Prisoner was standing there. I asked him how she did; he said very bad, and told me I might go up to see her. Jenny Hill was with her; her hands were very cold and she in a clammy Sweat. She told me she was very bad, and that she had desired Stevens to get her some Small-beer; but he not coming, I made her half a Pint of Sage Tea. The Woman in the Room help'd me to get her up, and we made her Bed, and aired her Sheets, and got her to Bed again, for she told us she was very faint. When she was got to bed, she put her Hands round my Wast, gritted her Teeth, and with a very low Voice, said he had killed her. After she was dead, I saw a Plaister on her Right-side, and her Body was all over Bruises. I believe she was now and then not in her Senses, for she told me, that Jenny Hall had bepissed her self, and talked of a Child burning. She died with her Head in my Bosom.
Margaret Rialton . On Sunday Night she came to my Room, and begged I would let her sit up there that Night, for Stevens had threatned to murder her; this about a Month before. I said, Kitty, be persuaded and go home: if I go home, says she, he will murder me. On Tuesday she came again, and said, Will. had beat her with a Broom stick, which he made her fetch out of the Closet, and broke her Arm, and put out her Finger. I said you are a Fool to live with him, you are not married to him; Aye, says she, it is fine talking, if I should go home to my Fathers, he will get me away again; he has threatned to murder me, but he need not do any thing more, he has done enough already. When she was dead, one came and told me that Kate Plump was gone; with that I ran and met the Prisoner with a full Pot of Beer upon the Stairs. I viewed her Body; her Right-side and Shoulder were very black, and her left Eye, and her right Finger and Arm.
Mary Griffiths . On Monday Morning she was waiting in my Shop for Stevens; when he came in, she desired him to go to bed, for he had been up all Night: He bid her get up Stairs, and gave her some Blows, not very unmercifull, about the Head, but she got a black Eye: I told him, if he must abuse the Woman, he must take her up Stairs. I
Mr. Coldham. About the latter end of March, the Church Wardens of Covent Garden Parish sent to me, to desire me to open the Deceased. I viewed the Body, and saw several Bruises on her Arms and Sides; I cut into them, and found they went no farther than the Fat, so they could not be mortal. On opening the Body, I found both the Lobes of the Lungs adhered to the Breast, and in the right Lobe was formed a large Ulcer, with a Collection of Matter; the Liver was of a parboil'd Complection, and larger than ordinary, the Stomach much diminished, and the Tone entirely lost. I believe the Occasion of her Death was from a Complication of Disorders occasioned by irregular living.
Mr. Hicks. I assisted Mr. Coldham, and am of the same Opinion.
Jane Hill. I was with her two Days before she died, and never heard her complain; she was never easy when he was away from her.
Several Persons giving the Prisoner the Character of an honest, quiet Man, and others deposing that the Deceased was excessively addicted to drinking, the Jury acquitted the Prisoner, and found on the Coroner's Inquest, that Catherine Skelton died a natural Death .
49. Elizabeth Smith , was indicted for stealing 1 pair of Gold Diamond Ear-rings value 5 l. 3 Shirts value 10 s. 2 silver Nossels for Candlesticks value 5 s. 6 pieces of Silver value 2 s. 6 d. 5 Guineas, a half Guinea, and 5 s. in Money, the Goods and Moneys of Martha Challoner , in the House of Francis Geary , April 16 . guilty 4 s. 10 d.
50. Ruth Parker , was indicted for stealing 2 silver Candlesticks value 5 l. 2 silver Sockets value 5 s. 5 silver gilt Spoons value 30 s. a Damask Table Cloth value 10 s. a stitch'd Bed Quilt value 40 s. the Goods of William Gore , Esq ; December 31 . guilty 39 s.
James Frisket , and an Iron Key, the Goods of Matth.ew Gerier . Acquitted .
59. Ann Stavel , was indicted for stealing a Silver Watch, value 5l. a Stone Seal set in Brass value 6 d. a Watch-string, and a Handkerchief, from the Person of Percival Luttock , on the 21st of March .
Percival Luttock . The Prisoner pick'd me up by James Street, Covent-Garden , about 8 at Night; She was very busy with me in the Street, and I felt her take my Watch, and ask'd her what she meant by that: She said, if I would give her a Shilling, I should have it a gain: While I was feeling for a Shilling, she ran into a Brandy shop, and up Stairs: The People of the House would not let me follow her, so I came Home and got two or three Friends to take her up: Before the Justice she own'd she had sold the Watch at a Brandy-shop in Tyburn-Road for a Guinea and a half, and there it was found.
Prisoner. He gave me the Watch to do something I don't care to mention; he pick'd me up, I would not tell you so many Lies for nothing.
Prisoner. He pick'd me up, and carried me to a House, and was to give me five Shillings if I would do as he bid me, but he would not give me the Money first; for he said he had been bit a great many Times; but he would let me hold the Watch till he paid me: When he had done what he had a Mind to do, he would not give me the five Shillings, and I would not give him the Watch; he said I might go, for he knew me. Guilty single Felony .
60. Matthias Johnson, otherwise Roach , was indicted for stealing a Silver Tankard, value 8 l. two Spoons, value 20 s. the Goods of William Chettle . and a Tea-spoon, and three pieces of Lace, the Goods of Lydia Dowell , in the Dwelling-House of Rebecca Sedgewich , March 11 :
William Chettle . The Goods were lost the 31st of March. I advertised them from Goldsmith's-Hall, and the Prisoner was stopt at the Pawn-broker's with the two Spoons: I was sent for, and I ask'd him about the Tankard; he said he had not seen that, but if I would not prosecute the Man that had it, he would help me to it I took him before Justice Hilder, and searched his Lodging. and in his Drawers we found the Tankard and the Lace.
Lydia Dowell . I am Servant to Mrs. Sedgewich: The Things were left in the Kitchen at 5 a-Clock. I locked the Kitchen Door, and laid the Key in the Place where the other Servants might find it: About 7 a-Clock, I miss'd the Key from the Place, and nobody in the House knew what was become of it: My Felow Servant and I went to see if the Lock would push back, and we found the Door open, and the Goods gone, and the Key of the Door in the Kitchen.
Elizabeth Hamilton . I saw a Man on the 31st of March, go up the Stairs, and to the best of my Remembrance, the Prisoner was the Man: He was in the same Cloaths that he has on now: I did not ask him any Questions because as there were Lodgers in the House, I thought he might be going to some of them.
Samuel Urton . March 31. The Prisoner brought these two Spoons to pawn; I seeing a Crest upon them, stopt them: He told me they were his own, but afterwards he said they belonged to a Counsellor in the Temple. I went with him to his Lodgings in (Bennet's Court, Drury-Lane) and the Woman of the House telling me he was a Gentleman and a Man of Credit, I lent a Guinea upon them. The next Morning we had a Bill from Gold-smith's-Hall, and I went immediately and took the Prisoner in his Lodgings; he offered me the Money again and a Crown for my Trouble, if I would not prosecute him. Several Persons appeared
61. Catherine Partridge , otherwise Pater-noster , was indicted for stealing two silk Gowns value 10 l. eighteen Pair of Men's Gloves, and ten Pair of Womans ditto, and a Pair of Sheets, the Goods of George Lawson , out of his Shop , January 2 .
Mrs. Lawson. Rents being high where I live, and I having but little Room, am oblig'd to lay my Cloaths and other Things upon Shelves in my Shop: The Gloves are Goods I sell in my Shop: I remember the Woman's coming in for a Farthing's worth of Thread, and that the Candle on the Shop was blown out. I lost about 30 Pair of Gloves, and the other Things mentioned in the Indictment.
Nathan Cokran . I was in my Lodging in Black boy Alley in Chick-lane, the Evening the Fact was committed, and Kate Partridge came to to me and asked me to go out with her to a Place where they could get some check'd Linnen, but her Arms would not be long enough: I went with her, and going alongg we saw this Shop, she went in for a Farthing's worth of Thread, and came out again. We waited at a little Distance 'till the woman was gone backward; then she blew out the Candle and brought out the Bundles; after that I went in, and brought out more, we carried them to her Room, and found two Silk Gowns, a Pair of Sheets, an odd Sheet, and about 30 Pair of Gloves. We sold all but the Sheets to Whitehead; for I wanted Sheets my self, and so I allowed the Prisoner half a Crown for her Share in them.
She was a second Time indicted for stealing two silk Gowns, one Cambrick laced Handkerchief, the Goods of Elizabeth Gabb ; and fourteen Yards of Burdet, a Pair of Stays and a Cloath short Cloak, the Goods of Ann Bird , January 13 . Guilty 4 s. 10 d.
Talton. I beg I may be made an Evidence. I made myself an Evidence before Justice Joyner, concerning these Horses.
John Page . I saw something of an Information at the Justices, but I told him I wanted none of his Evidence. I lost an old black Golding and a black Colt the 20th of Feb. out of a Farm Yard, in the Parish of Penn in Buckinghamshire : the Prisoners I never saw till Yesterday.
William Biddlecomb . I bought the old'Black Horse of Talton at the Blazing-Star in Old-Street, on the 26th of Feb. he then went by the Name of John Still ; I gave a Guinea and a half for him; he said he had him out of the Country to sell. I have the Horse now, for I wantted one to go in a Mill; and he taking to the Work, I have bought him again of the right Owner.
Philip Morton . I saw the two Horses at the Blazing-Star: Talton ask'd me to buy the Black Horse, but he seem'd unwilling I should see the Colt. Biddlecomb came in, and struck a Bargain for the old Horse, and gave Talton a Guinea and a half for him, who put a Halter on him and delivered him.
George Philips . I cheapened the Horses of Talton; he asked me 7 Guineas for the Colt, and 3 Guineas for the Horse, at the Blazing-Star, Feb. 26. I am positive they are the same Horses that Page owne'd.
Mr. Knight. The Horses being lost from Penn, I had a Letter from Page to advertise them. I printed 500 Bills, and distributed them in Smithfield and proper Placs, and presently I receiv'd Notice that the old Horse had been put up at the Blazing-Star. I went and view'd him, and made Oath before a Justice, that I believed the Horse was the same that Page had lost. After this I had Information that the Colt was in the Pound at Shoreditch, and the Man that keeps the Pound brought him to me; for I had offer'd half a Guinea for one, and a Guinea for the other. I did not see either of the Horses at the Blazing-Star; the old Horse I saw at the Man's House who bought him, next Door but one to the Blazing-Star. Having been inform'd who he had the Horse of, I took one of the Witnesses with me, and went to New-Prison to see him, for he was sent there, for stealing the Countess of Harold's Turkeys: I found he was to be carried down to Justice Chandler about this Affair. I went to the Justice's, and gave him an Account of the Horses; while I was there, Talton was brought before him, and while he was under Examination, Bully, the other Prisoner was taken. Talton made a Confession before the Justice; and after it had been read to him, I saw him sign it.
Talton gave a long Account of his taking the Horses, but said nothing Material in his Defence.
Talton guilty Death . Bully acquitted .
64. Robert Keeble , otherwise Tibley , was indicted for stealing four Holland Shirts, a Cambrick Handkerchief with a Gold Border, two silk Handkerchiefs, and other Things , the Goods of John Carwell , March 17 . Guilty 10 d.
John Dobey . The Prisoner and another Man came to our Shop to cheapen Ribbons: I shewed some, and then they would look at some Handkerchiefs: I shewed them some, and among the rest, a Dozen that were just come in. I saw him clap three Lustring ones under his Coat, he had two great Coats on, besides his Wastcoat: upon that I ask'd him what he had got under his Coat; why, says he, do you think I would steal any thing? I don't know, says I, and reaching over the Computer, I unbuttoned his Coat, and down dropt the Handkerchiefs: His Companion immediately took them up, and threw them in my Face, and then they both ran into the Street.
Q. Were the Dozen of Handkerchiefs under his Coat?
Dobey. Yes, his Companion took them off the Ground, and threw them in my Face: The Prisoner took the Dozen of Handkerchiefs, as well as the three odd ones, to the Door to look at them.
Prisoner. Where did you stand, when you saw this?
Elstob. By your side.
Prisoner. Hark'e, my Boy, you need not grudge going to Hell, when you swear so. Before the Lord-Mayor, they valued the Goods at 30 s and now they value them at 40 s. which shews 'tis a malicious Prosecution. They had the Goods in the Shop, and came after in the Street, and charged me with stealing the Things they had in the Shop the same Time. Guilty of the Indictment, Death .
68, 69. Christopher Freeman , and Samuel Ellard , were indicted for breaking and entering the Dwelling House of Edward Exton , and stealing thence six Linnen Sheets, a Holland Apron, a Linnen Gown, two Linnen Aprons, a Holland Shirt, two Dimitty Petticoats, a Quilted Petticoat and other Things, the Goods of Jacob Gold , March the 4th .
Elizabeth Exton . The 4th of March I was robb'd of the Things mentioned between 10 and 11 at Night. I was gone up Stairs to make my Bed, and had left my Door latched. I heard a Noise, and came down Stairs, but all the Things were gone: I wash Linnen, and what I lost was the Property of Mr. Gold.
John Haines . Thursday Night, March 4. as I was sitting by my Fire-side, I heard an out-cry of Murder, stop Thief; I live in Angel-Alley, Bishopsgate-street: On hearing the Noise, I ran down Stairs, and saw a Woman had hold of Christopher Freeman , calling him Rogue and Thief. I laid hold of him, and while I held him, up comes Ellard, and says he to Freeman, strike him, punch him in the Guts. Mr. Caddet, (a Neighbour) came to assist me: Ellard would get in between Freeman and me: Says Freeman, you take hold of the Bundle; then Ellard took the Bundle, and I tript up Freeman's Heels, but he sprung up again, and away he ran: Ellard ran too, but Caddet pursued and took him with the Bundle. With much Trouble I got it from him, delivered it to my Wife, and went back to assist my Neighbour. We carried him to the Constable; Freeman made his Escape, but was taken that Day Week, and brought to me: I knew him perfectly. This is the Linnen, that was first taken on Freeman, and afterwards on Ellard.
Exton. And this is part of what I lost.
Judith Wright . I was the Occasion of their being taken. I know the Wife of Freeman, (that Gentleman in the black Wig she sent for me to their House, and I heard him own that he and Ellard, the Butcher , had robbed the Washerwoman in Crutched Fryars , but he told me if I said any thing of it, he would murder me. Bollinbrook, who has been try'd here before, is now in the Yard and heard him.
Freeman. How she talks of my Wife? I never was married in my Life. I had been over the Water for some Silk. I am a Weaver , and coming Home about 11 a-Clock by St. Helen's in Bishopsgate-Street, I went up a Turning to do my Occasions, and there I kick'd against this Bundle.
Prisoner Ellard. I shall prove I was at the Butchers-Arms in Spittle-Fields Market fron 4 to 11 that Night. At 11 I was going to my Lodgings in Angel-Alley, and hearing a Noise, went to see what was the Matter: I found it was Kit. Freeman beating a Woman; he desir'd me to hold the Bundle for him. I never offer'd to go away at all.
Sarah Dan , Sarah Kimbell , Benj. Kimbell , and William Wint , positively swore that Ellard was at the Butchers-Arms from four in the Afternoon till between 11 and 12 at Night, and gave him a good Character.
Freeman, Guilty , Death . Ellard acquitted .
70. John Maccoon, otherwise Maccools , were indicted, for that he the 16th of April , on William Birchman , did make an Assault, and driving two Horses drawing a certain Cart, he the said Maccoon, with the near Wheel of the said Cart so drawn, to and against a certain Wheelbarrow, where the said Birchman stood between the Handles, did drive; and the said Wheelbarrow did cast down; by Reason of which, the said Brichman was cast and thrown to the Ground, and the said Maccoon so driving, in and on the Head of the said Birchman one mortal Wound and Bruise did give, of which he instantly died ; he likewise was indicted on the Coroner's Inquest, for the Felony and Murder aforesaid.
Mary Ridley . I saw the Accident this very Day three Weeks. The Cart was going down Drury Lane , and the Child was crossing the Way; and I took it by the Hand to prevent its being run over; there was a Wheelbarrow stood between the Posts, the Handles toward one Post, and the Wheel of the Barrow toward another: The Cart came very near the Posts, and I had but just Time to clap the Child between the Handles, in order to save it; the Cart run so near the Posts, that the Barrow was overturn'd, and the Child was thrown down with its Head under the Wheel; I heard the Skull crack, tho' the Wheel did not go quite over it; It was stop'd by the Child's Head.
George Kindall . As the Cart was going down Drury Lane towards the New Church, a Man at the end of Prince's-Street asked the Carman if he wanted a Jobb, he staid to talk with him, and let the Cart go on by it self. The Wheelbarrow stood between the Posts, and I believe about two thirds of it was beyond them in the Cart-way.
The Mother. I had sent my Child of an Errand, and hearing a Noise in the Street, I threw down a young Child I had in my Arms, and run into the Street; a Neighbour met me and said do not be frighted! O Lord! says I, my Child is kill'd! they had set it on a Threshold. I took it up, and its poor Jaws fell in my Arms. Acquitted .
Hugh Evanson . I was knock'd down between 11 and 12 at Night, between Bloomsbury and Castle-Street , by 2 Men, who robbed me of my Watch. Next Day I went to the Pawn-brokers, and desired them to stop it, if it should come to be pawn'd, and described it to them. The Prisoner brought it to Mr. Baxter, he stopp'd her, and sent for me. I did not see any Woman near me when I was robbed. Acquitted .
73, 74, 75, 76, 77. Daniel Malden otherwise Morgan otherwise Smith and Mary his Wife , John Holbert and Ann his Wife , were indicted for breaking and entering the House of Mary Henshaw , and stealing 7 pair of Sheets, the Goods of John White ; 8 Aprons, the Goods of Sarah Bishop ; 3 Check Aprons the Goods of SarahAnn Seal , and 1 Shirt the Goods of Thomas Clark , February 29 . And Mary Gray for receiving 1 Shirt, the Goods of Thomas Clark , knowing it to be stolen , March 1 .
I Mary Henshaw . On the first of March, or the last Day of February, about the dead time of the Night my House was broke open. I am a Washer-woman ; when I went to bed I bolted my Doors and Windows fast. On Monday Morning I found they had wrenched one of the Pins, but it was key'd in the inside, so they cut the Shutter, opened the Casement, and got into the Kitchen through the Window; I lost all the Things mentioned; I had washed them on Saturday, so they must be all wet when they took them. I had a suspicion of these People; they had lived in the Neighbourhood 2 or 3 Days, and Daniel Malden came on the Sunday to me for a Shirt, a Shift, and an Apron, which I had to wash for him and his Wife; and I observed him to walk several times backward and forward, viewing (I suppose) which way he might get in. With a Warrant I searched for the Prisoners at the Magpye at Islington, and at the Castle at Holloway, and while we were there, Holbert and his Wife, and Mary Malden came in; I charged the Constable with them; and coming back, we took Daniel Malden; so they were all 4 carried before Justice Robe, and upon searching them, we found one of the Aprons; damp, rolled up, and put round Mary Malden under her Cloaths. I own'd it, and she at first said it was her own, and then, that she found it in the Fields. Malden confess'd before the Justice, that Holbert and he took the Goods, and that they were dry'd in Holbert's House.
Q. Was his Information taken in writing?
Henshaw. Yes, and taken on Oath.
Q. Then it cannot be read in Testimony against him.
Thomas Stringfellow . Henshaw brought the Warrant to me to search the Castle at Holloway. We found no Linnen there, but while we were there, Holbert and his Wife and Mary Malden came in; she charged me with them, and I brought them through Islington to Justice Robe's House, and there they pulled this Apron from under her Petticoats.
John Banford . I searched the Magpye at Islington: Holbert had been there, but got out of the House when I came in; I searched Malden's Room, but found nothing; then Sutton's was searched (the next House) but there was nothing there. There was this Constable at Holloway; and I desired her as the Man was litigious to go up too, and 3 of them we took at Holloway; Malden confess'd the Robbery at the Fountain Tavern.
John Banford . Malden own'd to me in the Lodge at Newgate, that he broke open Henshaw's House, and said he could help me to some of the Linnen again; Holbert, he said, was concerned with him in this Fact.
Mary Malden, John Holbert, Ann Holbert, and Mary Gray acquitted .
78. Henry Fiander , and Elizabeth his Wife , were indicted for stealing a pair of Linnen Sheets, an Iron Porrage Pot. a Brass Sauce-pan, and an Iron Trevit, the Goods of Peter Kelle , out of their Lodging , February 17 . Henry Fiander guilty . Elizabeth acquitted .
80. George Welch , was indicted for stealing a Calamanco Gown, a Linnen Gown, a Poplin Silk Gown and Petticoat, and other things, the Goods of William Gates ; and a Drugget Coat, the Goods of Richard Harding , March 9 . Guilty 4 s. 10 d.
George Wilson , April 15 . Acquitted .
85. Joseph Gillam , was indicted for stealing a blue Silk Damask Gown and Petticoat, a coloured quilted Coat, a pair of brocaded Shoes and Clogs, and other wearing Apparel, the Goods of Susanna Miles ; and a brown Riding-habit, a pink Damask Silk Gown and Coat, a yellow Lustring Gown, and other wearing Apparel, the Goods of Mary Turner ; and a Mahogany Box, a Scarlet Gown and Coat, a Callicoe Gown, a Brussels laced Head and Tucker, a laced Mob dressed, an undressed Mob, and other things, the Goods of Charles Scott , in the dwelling House of Richard Fletcher , April 20 .
The Goods were left at Richard Fletcher 's by Susanna Miles , 'till she should send for them: The Prisoner came and asked for them, and had them away. It appearing to be a Fraud and not a Theft, he was acquitted .
87. Ann Cull otherwise Rhodes , was indicted for stealing 9 Linnen Sheets, 6 Damask Napkins, a Linnen Table Cloth, a Woollen Wastcoat, 4 silver Spoons, a pair of silver Buckles and other things , the Goods of Richard Godfrey , April 27 . Acquitted .
James Vick . About 10 a Clock at Night, April 1. between Fleet Ditch and Ludgate I met the 2 Prisoners. Mary Barnes clapped her Hand on my Shoulder, and cry'd, will you give us a Dram, Countryman? So upon the Account I went with them to Capt. Harris's in the Old Bailey , and the Woman of the House bid us go up Stairs, and I called for a Quartern. Bean made an Offer to put her Hand into my Breech, but I bid her stand off; then Mary Barnes and I sat down on the Bed, and leaning on my Shoulder, she pulled a little down towards the Bed, while Susan Bean put her Hand into my Right-hand Pocket and took 11 Guineas and an half. I missed it as soon as ever I rose from the Bed; Bean ran down Stairs, and Barnes said she had none of the Money, 'twas Bean had it. I believe they were Confederates, for when I got off the Bed they were both standing together: Barnes went away, but the Watchman took her: When Bean was taken, she pulled the Money out of her Shoe.
William Elliston . I am a Watchman: and that Night I stood at the Cock Ale-house Door, I saw Barnes come out of Capt. Harris's; and the Countryman saying he was robbed, I stopt her; next Day carried her before Sir Richard Brocas , and he sent her to Newgate. She own'd she had a Guinea of the Country-man's Money; 13 s. was taken from her, and 8 s. she spent in the Compter.
Rachel Wood . I heard Barnes say she had but a Guinea of the Money, and that Bean had the rest; Barnes told me she lay down with the Countryman, and kept him in play on the Bed while the other pick'd his Pocket.
Prisoner Barnes. As to the Guinea, he gave it me: He said he chose to be with Bean, and gave it me to go out of the Room. Both Guilty 10d.
90. Francis Owen . was indicted for that he on the 6th of March , in a Stable in the Yard of John Armitstead , wilfully and maliciously did set on Fire, to the great Damage of the said John Armitstead .
Jane Garnet . The Stable belongs to Mr. Armitstead: I saw him go three Times, about 8 o'Clock at Night the 6th of March; and the Second Time he went in, I heard a Noise, saw a Flash like the Noise and Flash of a Gun: he came out, and went back again, shut the Stable Door and I saw no more of him. I was the first Person that saw the Fire in the Stable, and the Smoke coming out of the Windows; it was about half a quarter of an Hour after I saw the Flash and heard the Noise. I ran in Doors, (for I was sitting at a Shop in the Inn-Yard ) and cry'd out Fire; and when I came out the Flames flared out of the Windows.
James Rathall . When the Maid cry'd out Fire I happened to be in the House. The Stable Door was fastened with this Cord. The Prisoner us'd to lie in the Rack among the Hay. He owned in the Compter that he fastened the Door with this Cord, and said he could
Richard Huntmill . I was in the Compter with him, and heard him make this Confession, and farther, that he bought the Gun-powder at the Bottom of Snow Hill; that he did it up in Paper, and put it in the Hay, and put Fire to it: but it not going off the first Time, he try'd the second Time, and the third Time he stoop'd down to blow it and then it went off. He had a long Beard, and it was very much sing'd as were his Eye-lashes, which was done by the Flashing of the Powder in his Face. He could give no Account why he did it.
Will. Harrison . I am Engineer to the Hand in Hand Fire-Office: The Prisoner used to go out with the Engine: He came down and told me, the Bell-Inn in Warwick-Lane was on Fire: I ask'd him if it was a Chimney, (for I was loth to put the Company to Charge without asking) and he told me he saw the Stable all in Flames before he came away.
The Prisoner, in his Defence, said, the Accident happened by his falling asleep in the Hay with a Pipe in his Mouth.
William Tapping , Samuel Lawrenson , Rich. Grainger , George Lightfoot , John Carr , Richard Lawrence , Robert Orlandy , Abraham Child , John Josselin , and Richard Lane , gave the Prisoner the Character of an honest industrious Fellow. Guilty Death
96. Magdalen Tapp , was indicted for stealing two Woollen Blankets, a Rug, a ticking Bolster, a Linnen Bolster-case, and other Things, the Goods of Margaret Ridge , out of her Lodging , April 20 . Acquitted .
Dr. Gainham. I don't know the Prisoner. I did marry a Man and a Woman of these Names. Here, this is a true Register. Edmd. Dangerfield, of St. Mary Newington Butts, Batchelor, to Arabella Fast.
Q. Have you not left your Spectacles at Home?
Gainham. No, I have them in my Hand, (reads) Arabella Fast, of St. Olave's Hart-street, Spinster, Aug. 27. 1733. When I marry at any House, I always set it down, for I carry one of the Books in my Pocket, and when I go Home, I put it in my great Book: I entered this Marriage, the very same Minute the Ceremony was perform'd.
Q Do you never make any Alteration?
Gainham. Never, my Lord. These two were married at Mrs. Ball's, at the Hand and Pen by the Fleet Prison, and my Name is to her Book.
Counc. Do you know the Prisoner at the Bar?
Gainham. No, I have married a great many since that Time: I know nothing of him but by his Name.
Counc. Do you know whether you married him at all?
Gainham. Yes, it was up one pair of Stairs forwards, and the Ceremony of the Church of England was made use of, and all of it.
Counc. 'Tis strange you should not remember him.
Gainham. Can I remember Persons? I have married 2000 since that Time.
Prisoner. What did she say to you when she had been there about a Fortnight?
Marshal. She said she was ruined and undone, and that she was not married then; but afterwards she was married.
Q. How do you know she was married afterwards?
Marshal. Why the Minister has prov'd it now.
Q. What time of the Year did they come to your House?
Marshal. I don't know directly; but I remember it was Nut time, for he came in cracking Nuts. They had been about a Week in my House When she made this Declaration; indeed she never told me afterwards that she was married.
Council. Did any Body visit her while she liv'd in your House?
Marshal. No, nobody; she sent a Letter into the Country for her Uncle to come to Town, they both call'd him Uncle, about a Fortnight after she came to my House; the Gentleman came to Town one Day about 12 o'Clock at noon, and sent for Arabella to a Coffee-house; she brought her Uncle home and carried him up Stairs to her Chamber, and he desired to lie one Night there; and I said, Arabella, if you will lye with a single Woman, your Uncle may lie in your Chamber, whereof I put a clean Pillowbeer on Her Uncle was a little in drink, so she went up and put him to bed: At past 10 o'Clock her Husband came home, and up Stairs he goes, and unlocks the Door to go to bed, and he calls up Mr. Marshal; bear witness, says he, here's a Man in bed with my Wife.
Council. Was this after she declared she was not married or before?
Marshal. After the Declaration.
Council. What Profession was this Uncle of?
Marshal. I do not know.
Prisoner. He was a Parson.
Marshal. He had dark Gray Clothes on; but he had no Rose in his Hat.
Elizabeth Shanks . Arabella was at my House a Year and an half; she went away the 29th of January was 12 Months, and came again in September, and staid till Jan. The Prisoner came several Times to see her while she was at my House, and once when we had a Pot of Beer. I drank to his Wife's well doing; which of my Wives says he? Why Arabella; the other was my first Wife, says he? Arabella was by, but I cannot remember what she said to that: He came to her about half a Dozen Times and not more. One Mrs. Savage in Mark Lane paid me for her Lodging, and Board. The latter Part of the Time she was with me, she was sick, and was to go into the Hospital; I asked him (the Prisoner) who was to be at the Charge of it? he would he said, if I would pay the Money, for he would not be blown for the World. She always declared she was marry'd.
Prisoner. What did I say to you, when I call'd you into the Kitchen?
Shanks. I said, I understand you are married to Arabella Fast.
Prisoner. And I said, Madam, I am not, I deny it: Did not Arabella tell you that she said any thing when she was drunk?
Shanks. The Occasion of her tippling, if I must out with it, was your using her so hard: He did say that he was not married to her in her Hearing, and I do not remember that she said any Thing at all to it.
Rush Lewington. He fetched his Wife Arabella, from my House, to the best of my Remembrance) six Weeks a Saturday last: I thought she was his Wife, only by the Carriage between them. She told me, he was come to fetch her away, and she look'd up her Things: You are very well equipt, says he; to go to Service; this is the last Thing that I will do for you: Says I, can a Man promise that any thing will be the last he shall do for his Wife? Come, come, says he, I want no Documenting.
Prisoner. My Lord! I will begin the whole Story.
C. You need not give us the whole of your Life and Conversation.
Prisoner. In the Beginning of this Affair with Fast, I lived at the Bull in Spratt Bottom, and had about 40 or 50 l. This Arabella Fast used frequently to come to the House: We soon became acquainted, and she told me, she had something to offer me; if I was in my own Interest, I would embrace it: There is, says she, a Minister, (naming his Name) who often lies with me, and if you'll say you are my Husband, we may get some Money out of him, I thought
C. You are not called upon here as a Thief: If you call any Persons to speak to your Chastity and Continency, that you have done your self.
Jone Lewis. I heard her several Times declare (both Drunk and Sober,) that he was not her Husband. Acquitted .
98. Frances Middleton , was indicted for stealing a pair of Mens worsted Stockings, a large Silk Hood, a short Silk ditto, and other Things , the Goods of John Ford , and Matth.ew Handscomb . Guilty 10d.
Henry Roberts : I was born in Wales and came to London in February last. On the 20th of that Month, I met Williams and I asked him to help me to a Place; he said if I would go with him he would: As we went along be pick'd up a Shilling, which he said he would spend, and I should have part of it: Meeting Bradford, he went with us to a Tavern: Bradford pulled out Money, and they went to Cards, and Williams won. Then he would have me go his halves, which I did, 'till they got every Farthing of my Money. Then Bradford went away, and Williams said he would help me to a Place; I mistrusted they had cheated me. and as I went along, I told Williams I would have him before a Justice; we went to a Gin-shop, and he gave me a Knock on the Breast and ran away; I ran after him, he was taken, and a Constable sent for; and as we were going before the Justice, I saw Bradford in the Street, and took him too, and the Justice committed them both.
101. Ann ( Wife of John) Taylor , was indicted for Perjury, and for suborning Joshua Crouder , to give false Evidence against Samuel Gardner , at Guildhall , October 13 . The Indictment set forth, that Ann Taylor on that Trial swore, That Samuel Gardner had assaulted her, and Punched her twice on the Side of her Belly; and in order to charge him more fully, she suborned Joshua Crouder to swear the same.
Several Witnesses prov'd that Gardner was not out of their sight, at the time she swore the Fact was committed, and that he never was near enough to her to touch her; and in Order to prove the Perjury, they swore, that at Guild Hall, her Evidence was in these Words: That he had punched her once, or twice on the side of the Belly; which Evidence not being in the same Words with the Perjury assign'd in the Indictment, she was acquitted .
102. Ann Basset , was indicted for stealing a pair of Linnen Sheets, three Pillowbeers, a Brass Candle stick, and other Things, the Goods of Ursula Upton ; out of her Lodging on the 6th of March . Acquitted .
103. The Tryal of Henry Justice , Esq ; for stealing divers BOOKS, the Goods of the Master, Fellows, and Scholars of Trinity-College, in Cambridge , before the Right Hon. Sir JOHN WILLIAMS , Knt. Lord Mayor of the City of London; the Right Hon. the Lord Hardwick, the Hon. Mr. Justice Cummins, the Hon. Mr. Justice Denton, Mr. Serj. Urlin, Deputy Recorder of the City of London, and others of his Majesty's Justices of Oyer and Terminer, for the City of London, and Justices of Goal Delivery of Newgate, holden for the said City and County of Middlesex.
HENRY JUSTICE, hold up your Hand.
Justice. My Lord, 'Tis my Misfortune to be very Deaf, I beg I may be permitted to come nearer to your Lordship.
Clerk of Arr. Can't you hear there?
Justice. I am very Deaf, and have a wretched Cold, which has stuck by me all the Winter: (Then he was permitted to come to the Inner Bar) I hope I shall be allow'd the Liberty of Pen and Ink; and as there have been many Books seized at my Chambers, which can be proved not to belong to Trinity College, I hope your Lordship will order them to be restored me.
Then the Indictment was read.
Justice. My Lord, I observe in this Indictment, here is mentioned a much less Number of Books, than was taken from my Chambers; therefore, I hope, those that are not mentioned in the Indictment, may be restored me; or else they may bring another Indictment for the rest; and those that are in the Indictment I must abide by.
He pleaded Not guilty.
Then the Jury were sworn, whose Names are as follows:
JURY sworn, viz.
Then the Indictment was read as follows:
The Jurors for our Sovereign Lord the King, do on their Oaths present, that Henry Justice, late of London, Esq: on the 13th of January, in the 9th Year of the Reign of our Sovereign Lord George the Second , by the Grace of God of Great-Britain, France, and Ireland, King, Defender of the Faith, and so forth, at Doudon, aforesaid to at the Parish of St. Dunstan in the West, within the Ward of Farringdon-Without , with Force and Arms, the Tracts and Treatises,John Greaves , of the Value of 10 s. and upwards, of the like lawful Money. The 2d of the four Tracts or Treatises being entituled, A Discourse of the Roman Foot and Denarius, by John Greaves , of the Value of 10 s. and upwards, of like lawful Money. The 3d of the said four Tracts or Treatises, being intituled, Jacobi Usserij Armachani de Macedonum & Asianorum anno Solari Dissertatio, cum Graecorum Astronomorum Parapegmate ad Macedonici & Juliani Anni Rationes accomodato, of the Value of 1 s. and upwards, of the like lawful Money. And the 4th of the said Tracts or Treatises being entituled Roberti Stephani Notae in Novum Testamentum of the Value of 6 d. and upwards of like lawful Money. One other Book, entituled, An Epitaph, declaring the Life and End of D. Edmd. Boner. Another Epitaph made by a Papist in the Praise of D. Edmd. Boner, and set up in Paul's-Cross with an Answer thereto. Also a Reply to a slanderous and lying Libel cast abroad in the Defence of D. Edm. Boner, of the Value of 1 s. and upwards, of like lawful Money. One other Book, entituled, Authores rei venaticae antiqui cum commentarijs Jam Ulirij ad Christinam Augustam, of the Value of 5 s. and upwards, of Lawful Money. One other Book, entituled, De Francicae Linguae recta Pronunciatione Theodoro Beza Auctore, of the Value of 1 s. and upwards, of like lawful Money. One other Book, entituled, A Declaration of Foner's Articles, of the Value of 1 s. and upwards, of like lawful Money. One other Book, entituled, La Bibliotheque D'Antoine Du Verdier Seigneur de Vauprivas, of the Value of 10 s. and upwards, of like lawful Money. One other Book, entituled, Jacobi Sadoleti de Laudibus Philosophiae Libri duo, of the Value of 3 s. and upwards, of like Lawful Money. One other Book, entituled, D. Camerarius de Fortitudine, Doctrina & Pietate Scotorum of the Value of 3 s. and upwards. One other Book, entituled, La Methode Nouvelle & Invention extraordinaire de dresser les Chevaux, les travailler felon la Nature & par fair la Nature, par la Subtilite de l'art: la quelle n'a jamais ete trouvee que par le tres noble haut & tres puissant Prince Guillaume Marquis & Compte de Newcastle, of the Value of 10 l. and upwards, of like lawful Money. One other Book, entituled, Notitia Monastica, or a short History of the Religious Houses in England and Wales, by Thomas Tanner , of the Value of 20 s. and upwards, of like lawful Money. One other Book, entituled, D. Junij Juvenalis Satyrae, of the Value of 12 s. and upwards, of the like lawful Money. One other Book, entituled, facrae Scriparae veteris novaeq; omnia, of the Value of 4 l. and upwards, of the like lawful Money. One other Book, entituled, I Quattro Libro d'ell architettura di Andrea Palladio of the Value of 20 s. and upwards, of like lawful Money. One other Book entituled, Les Memoires de Messire Philippe de Comines Seigneur d'Argenton of the Value of 20s. and William Prynne , of the Value of 40 s. and upwards, of the like lawful Money. One other Book entituled, M. Tullii Ciceronis Epistoalarum Libri XVI ad T. Pomponium Atticum To-mus I. of the Value of 10 s. and upwards, of the like lawful Money. One other Book entituled M. Tullii Ciceronis Opera, Tomus II. of the Value of 20 s. and upwards, of the like lawful Money. One other Book entituled, Monastici Anglicani Volumen tertium & ultimum, per Will. Dugdale, of the Value of 5 l. and upwards, of the like lawful Money. One other Book entituled, Historia Religionis veterum Persurum eorumq; Magorum, of the Value of 30 s. and upwards, of the like lawful Money. One other Book entituled, of the Value of 15 s. and upwards, of the like lawful Money. One other Book, entituled, of the Value of 15 s. and upwards of like lawful Money. One other Book entituled M. Fabii Quintiliani Institutionum Oratariarum, Libri duodecim, of the Value of 10 s. and upwards, of the like lawful Money. One other Book, entituled, M. Fabij Quintiliani Declamationes undeviginti, of the Value of 10 s. and upwards, of like lawful Money. One other Book, entituled, Alphonsi Ciaconi Explicatio Belli utriusq; Dacici ex Trajani Columna, of the Value of 20 s. and upwards, of like lawful Money. One other Book, entituled, Villare Cantianum, or Kent survey'd and illustrated by Thomas Phillpot , of the Value of 15s. and upwards, of like lawful Money. One other Book, entituled, Virgilii Opera Volumen primum of the Value of 10 s. and upwards, of like lawful Money. One other Book, entituled, Virgilii Opera, Volumen secundum, of the Value of 10 s. of like lawful Money. One other Book, entituled Virgilii Opera, Volumen Tertium, of the Value of 10 s. of like lawful Money. One other Book, entituled, Orang-Outang, sive Homo Silvestris, of the Value of 20 s. and upwards, of the like lawful Money, being the Goods and Chattels of the Master Fellows and Scholars of the College of the Holy and undivided Trinity, within the Town and University of Cambridge of King Henry the 8th his Foundation, vulgarly called Tryate College within the Town and University of Cambridge; of King Henry 8th his Founda-tion, and being then found at the Parish and Ward aforesaid, did feloniously steal, take and carry away , against the Peace of our said Lord the King, his Crown and Dignity.
Mr. Greaves, of Council with the King, open'd the Indictment, and Mr. Attorney General open'd the Evidence in a very eloquent Speech.
Justice. No one has prov'd that Charter: They should be obliged to shew that Trinity College was incorporated by Letters Patent: there is no time mentioned in the Indictment when it was incorporated: And as Mr. Attorney General has opened the Indictment, they should produce the Warrant, by Virtue of which they seized the Books.
Council. What Book is that in your Hand Sir?
Wilson. This is, Opus novum Gildas Britannus Monachus, cui Sapientis Cognomentum est inditum de Calamitate excidio & Cononeila Britaniac, quam Angliam nane vocant
Justice. Is that the whole Title of the Book?
Wilson. 'Tis all that is in the Indictment.
Justice. Read the whole Title of the Book: Is it in the Indictment?
Council for the Prisoner. We have an Objection to make to all the Books on this Account: In the Indictment they say Triate Col.
C. K. 'Tis so in the Charter. 'Tis not necessary to set forth every Thing that is mentioned in the Title Page; for the Description of the Book and the Title Page, are two different Things. The Title is set forth, tho' what giveth an Account of the Contents of the Book be omitted.
Wilson. The next is intituled, Literarum quibus invictissimus Princeps Henricus Octavus Rex Angliae et Franciae, Dns Hiberniae ac Fidei Defensor, respondit ad quandam Epistolam Martini Lutheri ad se missam, et ipsius Lutheranae quoq; Epistolae Exemplum, value 5 s. in the Indictment.
C. P. How is Dominus spelt there?
C. K. 'Tis not material, tho' there be a Contraction in one Place, and the whole Word be set forth in another.
C. K. What was the Value of the first Book?
Wilson. 'Tis a curious scarce Book, that Gildas; it has, I know, been sold for 10 s. a curious Man would give more: I value this at a Crown.
C. K. What is the Worth of Luther?
Wilson. Half a Crown.
Justice. What, worth Half a Crown, and imperfect?
C. K. Make some Allowance, if there be a Leaf wanting.
Wilson. 'Tis worth Half a Crown still I believe.
C. K. Go to the next Sir.
Wilson. This is Gulielmi Postelli Baren. Doleriensis de Onginibus seu de Hebraicae Linguae & Gentis Antiquitate; deque variarum Linguarum affinitate Liber.
Justice. Does the Title end there?
C. Yes, this Title ends at Liber.
Justice. I beg to look at that Book.
C. K. What's the Value of this Book?
Wilson. One Shilling.
C. K. What is the next, Sir?
Wilson. I will take them in Order. The next is Pyramidographia, or a Description of the Pyramid in Egypt, by John Greaves . The Indictment mentions four Tracts bound up together; we found them separate as they are now; but I remember them bound up together in the Library: I remember them particularly.
. If they were in the Library bound up together, and have afterwards been separated, they may be said to be one Book, containing four Tracts: Pulling off the Cover alters not the Thing at all.
Justice. I ask whether or no these Books at the Time of finding the Indictment, and taking them from me, were then in one Book as laid in the Indictment. Can Mr. Wilson say they were bound all together when they were taken?
Wilson. I cannot say they were. But I had them at my Chamber bound all together; and I lent them to the Master of Pembroke bound all together; and there's an Account of the four Parts wrote upon a Leaf, which I don't find now.
Charles Mason . I remember they were bound together, but I can't be certain whether these Tracts were the 4 that were bound in this very Cover; but I remember, a Scholar desired he might have the Use of it, and I got it from the Master of Pembroke, and lent it him, and returned it to the Library about 3 Months before Mr. Justice went away; when I returned it, they were all bound together in a brown Calf-Skin Cover.
Another Witness. That was the Book that was lent to the Master of Pembroke, and I remember the Tracts were bound up in a brown Cover.
C. K. What were the Tracts contain'd in that Book?
C. Mason. Pyramidographia, or a Description of the Pyramids of Egypt; a Discourse o
C. K. What is the Value of the Pyramids?
Wilson. I asked the Price of that, and I could not get one under 10 s. 6 d. The Deescription of the Pyramids, and the Discourse of the Roman Foot are reckoned very curious Piece
C. K. What is Usher's Book worth?
Wilson. About 18 d. Stephanus is imp, is worth 6 d. I believe.
Justice. If I mind the Indictment right, it says, Book containing 4 Tracts; the Pyramids and Roman Foot: Usher & Robertus Stephanus in Novum Testamentum.
C. K. The different Tracts have been mentioned: and here is the Stephanus.
Wilson. The next is an Epitaph of D. Edmund Bonner: declaring the Life and End of D. Edmund Bonner: And another made by a Papist, in Praise of D Edmund Bonner, and set up in Paul's Cross: Also a Reply to a scandalous Lie cast abroad in Defence of D. Edmund Bonner The Value I believe is 1 Shilling, and Authores rei venaticae antiqui cum Commentariis Jam Ulitii ad Christinam Augustam.
C. K. What is the next Book?
Wilson. De Francicae Linguae recta pronunciatione Theodoro Beza Auctore.
C. K. What is the Value of this?
Wilson. One Shilling I believe Sir.
C. K. While they are looking for the next Book, I will ask you Sir, whether you believe all these belong to Trinity College Library?
Wilson. I believe they do: The next is Bonner's Articles, but they are not at hand: The next is, La Bibliotheque D' Antoine du Verdier Seigneur de Vauprivas: This was found in Mr. Justice's Bureau, and has Trinity College Arms upon it. We can prove the Book to belong to the Library.
C. K. Mr. Hutchinson, had you such a Book in the Library?
Hutchison. It is now missing from the Library; it was there within these 2 Years.
C. K. Mr. Wilson, when did you see this Book there?
Wilson. I know by the Catalogue there was such a Book there, I can't remember I have seen it: 'Tis not now in the Class referr'd to in the Catalogue; here is the Arms of the College upon it.
C. P. I would ask whether Books may not often be misplaced in the Library, and put into an improper Class?
Wilson. 'Tis possible, but not commonly so.
C. P. I would ask whether the Books in the Library are chain'd?
Wilson. No. they are not.
C. P. Are they all loose?
Wilson. Yes: and any of the Fellows have Liberty to borrow a Book.
C. K. What is the Value of the Book, of which that Leaf was the Title?
Wilson. About 10 s.
C. K. What is the next?
Wilson. The next is, Jacobi Sadoleti de laudibus Philosophiae, Libri duo. And the Value of this is 2 s. The next is, D. Camerarius de Fortitudine, Doctrina & Pietate Scotorum: The Title is wanting: The current Title begins with the Words Introductio Generalis.
C. P. Then this is not in the Indictment.
C. K. We can put it by; we have enough without it. What is the next?
Wilson. La Methode nouvelle & Invention extraordinaire de dresser les Chevaux les travailler selon la Nature & parfair la Nature par la Subtilite de Part; la quelle n'a jamaisete trouvee que par le tres noble haut & tres puissant Prince Guillaume, Marquis & Comptede Newcastle. I know not the Value of this myself, but I have known some Gentlemen have given 10 l. for it.
Justice. Let me see the Book: I know it very well: I know not whether 'tis material or not, but Newcastle is imperfect; here is one Leaf paged 5. and the next Leaf is 7.
C. K. How come you to know this so suddenly?
Justice. I own the Book was found in my Chamber.
Thomas Tanner .
C. K. What is the Value of that?
Wilson. About a Guinea; 'tis a very scarce Book. The next is D.Junii Juvenalis Satyrae; the Louvre Edition: I have seen it valued in a Catalogue at 10 or 12 s.
C. K. Go to the next, Sir.
Wilson. The next is sacrae Scripturae veteris noviq; Testa mentiomnia. This is an Aldus Edition, a very valuable Book, worth three orfour Guineas.
C. K. What is the next?
Wilson. I quattro Libri dell' Architettura di Andrea Palladio, the value of this is one Guinea or a Guinea and half.
C. K. Pray go to the next, Sir.
Wilson. The next are three Volumes. The first is, Prima Pars Romanae Urbis Topograhiae & Antiquitatum; and all the Volumes consist of two Parts. The 2d Part is, Secunda Pars Antiquitatum Romanorum seu Topographia Romanae Urbis.
C. P. The Title is not compleat in the Indictment, the Title of the Book ends at Accuratissine, and not at Antiquitatum.
C. K. I believe it is so; lay them by.
Wilson. The next is, Addenda to the Statutes at large.
C. P. All the Title here too, is not in the Indictment. (This was laid by likewise).
Wilson. The next in the Indictment, is, the Statutes at Large, beginning, &c.
C. P. You have not all the Title; 'tis only the Statutes at Large, in the Indictment. This was laid by also.
Wilson. The next is the French Plutarch: Les Vies des Hommes illustres Grecs & Romains comparees l'une avec l'autre, par Plutarch de Chaeronee; it is worth two Guineas. The next is Quinti Horatij Flacci a Louvre Horace, worth about a Guinea. The next is an English Field's Bible. The Title is, The Holy Bible, consisting the Books of the Old and New Testament.
C. K. What is the Value?
Wilson. Twenty Guineas, both of them.
C. K. What is the next?
Wilson. The Book of Common Prayer and Administration of the Sacrements, and other Rites and Ceremonies of the Church of England; with the Psalter or Psalms of Devil. This and the other I value at twenty Guineas.
C. K. Go on, Sir.
Wilson. This is Godefridi Bidleo, Medicinae Doctoris & Chiruurgi Anantomia Humani Corporis.
C. P. This is a Copper-Plate; and not set forth right in the Indictment.
Wilson. The next is, De Bello Belgico Decas prima Famianae Stradae, Rom. Soc. Jesu. I value the two Vols. at a Guinea, they are worth more.
The next is, Vetus Testamentum multiplici Lingua nune primo impressum: & imprimis Pentatenchus Hebraico Greco atq; Chaldaico Idiomate, adjuncta unicuiq; sua Latina Interpretatione: Here are four Volumes, and this is the Complatensian Edition, worth about twenty Guineas.
Mr. Richardson. The next is the Aeschylus; but while we were in Mr. Justice's Chamber, that was convey'd away.
(The Council for the King, did not think proper to take up any more Time in proving the Books, but went to the Fact.)
C. K. Do you remember that Gildas to have been in the Library?
Wilson. I cannot say I do; but there is a particular mark on it, by which we know it to be ours. We found many of our Books in the Library defac'd: Prints taken out of curious Books, some of which were found at Mr. Justice's, and made a Report to the College of what we found there.
C. K. Give an Account how this was discovered.
Wilson. 'Tis known (I suppose) that there was a Report of the Temple Library being robb'd; this gave us a Suspicion that the Libraries with us had suffered likewise. On thatBaron Thomson , and he gave us a Search-Warrant: We search'd Mr. Justice's Chambers, and there we found all the Books that have now been produced in Court.
C. K. Is there any Marks on that Book by which you know it to be yours?
Wilson. I found several Tracts taken out of books of Miscellanies: These I laid aside, and gave Account of them to the College: Mr. Jackson examined the Library particularly, and found this Volume in my Hand with the Tracts cut out. King Henry the Eighth's Answer to Luther was cut out of this Book: Upon the Leaves of it (23) being marked, the Belly of the 3 was wanting: And this very Tract we found in his Chambers, and putting it in that part of the Volume, from whence it had been taken, it tally'd exctly, and made up exactly the Figure 3, which before was deficient; and this Volume I had out of the Library
Mr. Jackson. The Gildas was cut out likewise of another Volume. On the Inside of the Binding there is a Catalogue of the Tracts contained therein; this was wanting and was found at Mr. Justice's Chambers. It comes in, in the same Order, as mentioned in the Catalogue, the Colour of the Leaves is the same, and it tallies exactly: And for a farther Confirmation there is the Coll. Arms upon it. There is another Tract wanting, which we can't find; but we have got the College Catalogue, which mentions every one of them: this was Numb. 32.
C. K. Is it a Manuscript Catalogue?
Jackson. Yes, Sir.
Justice. I submit it to the Court, whether that Catalogue should not be proved by somebody who has compared the Books in the Library with the Catalogue; otherwise the Catalogue can be of no Service: Besides, how does it appear that these Books ever were in the Library.
C. K. What, must we bring a Man to prove a Catalogue, that was wrote, perhaps, a Hundred Years ago?
Jackson. I believe it to be a true Catalogue: I found the Volume, out of which these Tracts were taken, by the Help of Catalogue.
C. K. I would ask you Sir, whether as far as you have compared it, it is always been found agreeable to the Books.
Jackson. As far as I have observed, 'tis an accurate Catalogue.
C. K. Have you often seen him in the Library?
Wilson. I have often seen him there last Summer, but never observed what he was doing; he came from College in October (I think.) He entered himself a Gentleman Commoner, in August was two Years.
C. K. Was the Postellus Hebraicae Linguae in the Library?
Jackson. By Mr. Wilson's giving an Account of the Tract, I found the Volume in which it was bound, in the Library thus mutilated: the Tract was missing: here is a Catalogue of the Tracts in the Book, and putting this in its Place, from whence it was cut, it fitteth exactly: and the College Arms are upon it. We found it in Mr. Justice's Chamber.
Justice. I acknowledge all this; 'tis all true; but I would -
C. K. Don't confess what you should not. Did not you take this Book from Trinity College?
Justice. I can't say that I - But before I was sent to Newgate, I would ask Mr. Wilson, whether I did not own to you Mr. Wilson (Here Mr. Justice burst into Tears, and when he had composed himself, he went I would ask whether I did not own I had a great Number of Trinity College Books: Did not I own it, before I was taken up by Warrant from Baron Thomson? Did not I acknowledge it? Did not I give you up the Key of my Chambers, that you might take them?
Wilson. We had some Conversation with you, and you did say you had many Books
Mr. Justice. And when you found them in my Chamber, were not many of them directed to my Tutor? Was not Professor Taylor my Tutor? Was there not two Boxes of Books packed up and directed to Professor Taylor? And was there not in one of them, a Letter to him?
Q. When was it you searched Mr. Justice's Chambers and found the Books?
Wilson. It was on the Monday. Mr. Justice did say on the Saturday we might take the Books, but we did not obtain the Search-Warrant till Monday. Mr. Justice was in Custody when the two Boxes were packed up, and had been in the Custody of the Constable three Days, at the Bolt and Tun.
C.K. Were the Books pack'd up before or after Notice was sent to Cambridge?
Justice. I admit I had a great Number of these Books, and that a great many of them belong to Trinity College: I was so far from altering them or defacing them, that the Arms of the College are in many of them to this Hour. I would not give the Court trouble, I admit them all, and never did deny it.
C.K. Which Books were in the Boxes, and which were not packed up?
Wilson. Juvenal was in one of the Boxes; The Aldus Bible, Palladio, the Complut. Bible, the Statutes at Large, the French Plutarch, the Paris Horace, Field's Bible and Common-Prayer, and Strada, were in Boxes.
Justice. Was there not more in the Boxes than are in the Indictment?
Wilson. Yes; Gildas was not packed up, that we found in his Chamber. Henry the 8th's Answer to Luther, Postellus, Beza de Francicae Pronunciationis, Newcastle's Horsemanship, were not packed up: Greaves's Pyramids, the Account of the Roman Foot, Sadeletus, Bonner's Epitaphs, Authores reivenatica, these were not pack'd-up; there are more mentioned in the Indictment, but you have not gone thro' them, so they have not come before you.
C.K. Were any of the Tracts taken out of the Volumes packed up?
Wilson. No, none of them.
Justice. Have you done with Mr. Wilson? I would ask him, whether it is not usual to give Pupils leave to take what Books they have occasion for? Mr. Wilson is a Tutor himself.
Wilson. It is; to take them regularly sending a Note, Permit such a one to take such a Book, and place it to my Account: None of these were placed to Mr. Taylor's Account.
Justice. I would ask whether you remember where my Chambers were?
Wilson. I remember where you liv'd last.
Justice. I would ask you, how far 'tis between the Library and my Chamber?
Wilson. The Library is at some Distance.
Justice. Is it not quite cross both the great Courts?
Wilson. 'Tis not so: Your Chamber is in the first Court, and the Library is by the River.
Justice. I would ask how 'tis possible for any one to carry them away unseen? How came I by this Privilege?
Wilson. That you best know.
C.K. Do you give leave to any but Members of the College to take Books?
Justice. And in what Capacity was I?
Wilson. A Fellow Commoner.
Justice. What are the Privileges of Fellow Commoners?
Wilson. They sit at the Fellows Table, and take the other Advantages that Fellows have; they have no Right to take Books ad libitum. You have a Right to take a Book if your Tutor gives leave, and 'tis placed to his Account. Fellow-Commoners we look on as Boarders; they are no part of the Corporation, and have no Right to take Books without this Licence.
Just There are two sorts of Scholars: A Foundation Scholar, who lives on the Stipend of the College; and one who pays for what they have, and are at their own Expence:
Wilson. 'Tis paid upon Admission.
Justice. Can you swear these Books were all taken in London?
Wilson. They were taken in your Chambers.
C.P. I asked before, whether there was any Fastening to these Books?
Wilson. None, in Trinity College Library.
Justice. You say, that Tutors licence their Pupils to take Books, and they are entered by Order of the Tutor in the Register Book. Now I would ask you, Sir, whether it is not a frequent Practice to borrow Books without making such Entry?
Wilson. I have something to do with Pupils my self. I write, Let such a Person have such a Book, and place it to my Account.
C. P. You are a cautious Man. I would ask whether any Body can go into the Library without the Librarian's Leave.
Wilson. 'Tis not always open: There are Hours when the Keeper attends. When a Gentleman studies there, he has leave of a Fellow. A Fellow Commoner of a House is indulged with leave to study there; but he can't take them to his Chamber without his Tutor's Note.
C.P. I would ask whether any one can go into the Library without leave of the Librarian?
Wilson. When any come to see the Library, the Librarian walks with the Person: If he comes to study; he has leave to sit down.
Justice. Has it not been common for Books to be wanting in Trinity College Library?
Wilson. There are many Books out: Because Fellows, according to their particular Studies, have particular Books. I have some; Mr.Taylor has some.
C.P. Ask him if they don't keep them 20 or 30 Years? And if they don't bring them away with them to London?
Wilson. If they do, they should not.
C.P. I ask if you don't know of Books belonging to Trinity, now in London?
Wilson. There are a great many here now. I know but of a Volume of Stillingfleet beside, and that is charged on his Head; he is a Fellow, and is now in Court.
Justice. Who is the under Library-Keeper?
Wilson. The present Man's Name is Harris, he is about 18 Years old.
Justice. In relation to a Fellow Commoner, I would ask whether they have not more Privileges than other Graduates.
Wilson. We allow you to go into the Library to study there, not on any other account.
Justice. Are not Fellow Commoners looked upon as superior to Scholars?
Wilson. Yes. -
Justice. What do you mean by a Fellow Commoner?
Wilson. One who sits at the same Table with Fellows, and enjoys their Conversation.
C. P. Pray does Mr. Justice's Name still continue in the Buttery Book? When did you see it last there?
Wilson. His Name was on the Buttery Boards in October, whether it is now taken off or not, I cannot tell.
C. P. Is it not usual for a Fellow Commoner to have the Liberty of taking a Book without a Note from the Tutor?
C. K. And I would ask if he knows they are allowed to take them, not only out of the Library, but out of Cambridge.
C. P. Have you, every time any of your Pupils have wanted a Book, given them a Note?
C. K. I would ask whether in all your Time, you ever knew leave given to any Body to cut a Treatise out of a Book, carry it away, and leave the rest behind?
Mr. Brounker sworn.
C. K. Do you know where Mr. Justice's Chambers are?
Brounker. In London, in Elm Court. We reckon all the east part of Temple-lane to be in London. Take a Line from Sheer-Lane, and run it down to the Water-side, all on this
Mr. Atkinson, the Constable was sworn.
C. K. Had you any Search Warrant brought you?
Atkinson. Yes; It was signed by Baron Thomson.
(The Warrant being proved was read)
C. K How did you proceed upon this?
Atkinson. As I am a City Constable, I did not care to serve it in the Temple without leave from the Benchers. I had leave, and with Esquire Taylor, and Mr. Brounker, we found these Books, which I have had in Custody ever since. We took Mr. Justice in his Chambers, and carried him before Baron Thomson on the Wednesday, who asked him Questions, and told him he hoped he could give a good account how he came by them: He said, he thought he could: and the Baron gave him 3 Days to do it in: I was ordered to keep the Books, and he had leave to go at liberty from Wednesday to Saturday: I was ordered to bring him again before the Baron, on Saturday. and he then not giving a good Account how he came by them, he was order'd to get Bail, and 'till he could find Bail, he was to remain in my Custody; I kept him at my House 'till Monday, then I took him again before Baron Thomson, and he committed him.
C. K. Do you know any thing about his packing up Books?
Atkinson. Yes. On Sunday in the Evening he desired I would let him go to his Chambers, to put some Papers in order. I went with him, and he then packed up these Books in order to send them to Cambridge, and put in a Letter to one Mr. Taylor I believe: When the Books were packed up, he went home with me again.
Justice. I don't know whether your Lordship understood him as I do: I think he said, when he came with the Warrant to my Chambers, he found these Books here, or else he speaks of another Parcel of Books.
Atkinson. I don't know whether the Books that are here are the same Books that you pack'd up.
Justice. Did you find any of the Books mentioned in the Warrant?
Justice. I ask you who it was that pressed you to execute the Warrant?
Atkinson. I believe his Name was Kinaston.
Justice. There was a second Warrant granted. When was that? before or after the packing up of the Books?
Atkinson. The Books were packed up, before the second Warrant was granted.
Justice. There was no Warrant against me then for Trinity College.
Justice. I beg leave to say one Thing; I have an Objection to the Gentleman's Evidence; it will appear that he was Under Librarian, and had the Care of the University Library.
Taylor. I received Orders from the Vice-Chancellor of Cambridge; about Christmas last, to procure a Warrant to search Mr. Justice's Chambers: Baron Thomson granted a Warrant on the 6th of January. On the 7th they were searched, and Mr. Justice taken before the Baron. I saw some Books which were missing in the Library: On Saturday Morning he was before him again, and then he was put into the Constable's Hands; and on Sunday Night I was informed that Mr. Justice was packing up Books: I went to him and asked him the Reason of his packing the Books up; he said, he was advised to do it, but that it was contrary to his own Judgment.
C. K. How came the Gentlemen of Trinity to suspect Mr. Justice?
Taylor. The Gentlemen desired me in my Search for the University Library, to look for Newcastle's Horsemanship; I saw it in Mr. Justice's Chambers, and sent them word of it.
Justice. When you came to search, was not my Study Door lock'd?
Justice. When I gave you the Key, did you find any of the Books mentioned in the Warrant?
Justice. My Lord, when they came to my Chambers, tho' my Name was not in the Warrant, yet I freely let them search, and they found none of the Books mentioned in the Warrant. There was a Trunk that was lock'd; I opened it, and there was nothing there that they wanted. I will go farther, to shew how willing I was to give Satisfaction, I let Mr. Taylor and Mr. Brounker the next Day search, even my very Cellar, without Constable or Warrant. On their second coming, they found me at Liberty, and my Doors open, and they can't say there was any Obstruction to their searching.
Taylor. There were some Covers of Books in the Cellar.
(The Council for the King rested the Evidence here, and the Prisoner was called on to make his Defence.
Justice. My Lord, I acknowledge, as I always did, and have now done, that I had the Books. I apprehend, I had Authority to take them. First, a General Authority to take what Books I wanted, out of the Library. Secondly, An Authority in my own Right, as a Scholar of the College; and if this appears, this Matter will be so far from being Felony, that it can't be a Trespass. I intended to return them, and this may appear from my declaring that I had them, delivering up my Keys, and packing them up before the Warrant for the College-Books was granted. There was no Warrant against me for the College-Books, before I endeavoured to send them away. As to the Matter of my being a Scholar; it will appear from the Statutes, there are two sorts of Scholars. From the Statute 25 Sept. 12. Eliz. where 'tis said, Nullus Scholaris quicunq; &c From this Statute it appears, that there are stipendiary Scholars, who receive Money or Victuals, who are supported by the College, and Scholars who live at their own Expence; of which Number I am one: And if any Doubt arises on that, I hope these Gentlemen (my Council) will be permitted to argue for me. But I apprehend, if I had no Right as a Scholar of the College, yet I hope this Clause in the 2d of Eliz. Chap. 14. which says, Omnes Scholasticos, &c. will give me the Right of a Fellow. I beg leave to observe, that the constant Word in all Statutes and Chapters, when a Scholar is spoken of, is Scholaris: A Foundation-Scholar is called Discipulus, and I must be the Scholaris. The Pensionaries are the Stipendiaries of the College. Fellow-Commoners have always the same Privileges with Fellows. My Lord, I was so far from secreting these Books, that 'tis intirely owing to the Negligence of a Child, whom they have made Library-Keeper, that my Name was not entered with the Books, according to my Order. But if I had not ordered them to be entered, yet by the Statutes it cannot be a Felony. They lay openly in my Room; they have the College Arms on them, and have particular Marks: Could any body (intending to secret them) be so mad, as to let them lie about openly, with these Marks. There were many Books I intended to send down, before there were any Complaints against me, but they would not suffer me. I had a Message from my Tutor, to inform me, he thought it proper I should send down the Books I had, belonging to the Library, which I had from him. I sent him word, I hoped I should spend my Christmas with him, then all the Books should be put in order; but this Affair happening, prevented my going, or sending the Books. There is something appears in my Behalf from the very Face of these Books. My Chambers were in the Corner of the first Court, and the Library in the Corner of the other great Court; I appeal to any Man, whether it was possible for any one to carry these great Books, (and some there are which are much bigger) out of the Library to my Chambers without Discovery; here are these Bibles, and Plutarch's Lives; the Thing speaks itself; 'tis impossible to remove these Books in a clandestine Manner. But, my Lord, I never was there, but the Boy, the Library-Keeper, was with me: He is a negligent Boy, and, I believe, 'tis no Wonder that Books should be lost from Trinity Library. When I was at College there was 15 or 1600 Books wanting, and must I be answerable for their Neglect, and be subject to Punishments and Indictments? I hope your Lordship does not think it necessary for me to call any Manner of Evidence; the Books are the Books of the Master, Fellows, and Scholars and I am a Scholar, consequently the Books I have a Right in, and they will be as much mine as theirs, therefore it cannot be Felony: If they have been carried away, it cannot be feloniously. I desire my Council may be heard. But it not being proved that Mr. Justice was a Member of the Corporation, his Objection was over ruled.
Justice. I would ask Mr. Professor Taylor if he did not give Directions to the Library-Keeper, that I should have what Books I wanted.
Justice. You are Greek Professor Sir, and was my Tutor: Is it not an usual Method for Tutors to give Orders, that their Pupils may have what Books they want?
Taylor. 'Tis not very common; but as Mr. Justice was a Gentleman, I indulged him.
Justice. I would know whether Fellow Commoners are not indulged with particular Privileges?
Taylor. We make some Distinction to be sure: They sit among Masters of Arts at Church, and in the publick Schools.
Justice. Don't they frequently attend the Schools?
Justice. What do you take a Scholar to be in Trinity College?
Taylor. They have about 14 l. a Year allowed them.
Q. Do you take Fellow Commoners to be Part of the Corporation?
Taylor. 'Tis taken in the College that they are not.
Justice. I desire to know if 'tis not taken in the College, that there are two sorts of Scholars, and the general Name for them is Scholaris, and that is, because they attend the Schools; don't Fellow Commoners attend the Schools?
Taylor. Yes, and take Degrees as others do.
Justice. There are Scholars in the College who have Pensions, and many others who have not: Well, Sir, I would know the Custom and Practice of the University: There is a Jurisdiction by some of the Charters, granted to the Chancellor, Master and Scholars.
Taylor. Yes, Sir.
Justice. If I had Money owing me, or owed Money, where must I sue, or where might I be sued?
Taylor. In the Vice-Chancellor's Court.
Justice. Why so?
Taylor. 'Tis always the Way.
Q. Suppose a Gentleman at Trinity is not matriculated, how is it then?
Justice. The very same Thing.
Taylor. This Question was never asked in any Suit in the University Courts, whether a Man was matriculated or not.
C. K. Your suing and being sued, is as you are a Member of the University, not as you are a Member of a College.
Justice. I apprehend what I am upon is material, because in all the Charters of Colleges, Scholars, as I am, are called Scholares, and the Stipendiary Scholars are called Discipuli. As the Distinction depends upon the Charter of the University, I would make use of the Words of the Charter, to describe the two sorts of Scholars. I would ask Mr. Taylor, is not a Fellow Commoner looked upon as a Member of a College?
Taylor. He is an admitted Member; I cannot say an incorporated one.
Justice. On the Admission of any one into the College, are there not Fees paid?
Taylor. Did not you pay those Fees?
Justice. I cannot tell: 'Tis not material, whether you or I paid them: But I would ask whether the Bed Makers have not Keys of our Chambers as well as we?
Justice. Then if I had stolen the Books, they would easily have been discovered. But did not you about November or December, send me word, you thought it proper I should return the Books I had taken?
Taylor. Yes, I said the Library was to be review'd, and it would be proper to replace the Books.
Justice. What Answer did I send you?
Taylor. You said you should come down at Christmas, and then the Books should be replaced.
Jury. We desire to know if there were any Books enter'd in the Library-Book to Mr. Justice on Mr. Taylor's Account?
Taylor. The last time he was at College there were some enter'd to him.
Jury. Were the Books now produced, or any of them enter'd?
Wilson. Not one of these were enter'd.
Justice. I hope the first thing we shall go upon, will be to see whether I am a Scholar or not.
Hutchinson. This is a Register of the Books lent out to the Fellows of Trinity. I am Head Library-Keeper, and keep the Book; it always lies in the Library, and I look into it every Day. There are some enter'd to Mr. Justice on Professor Taylor's Head, and made Return'd. Our Method is, when a borrow'd Book is return'd, the Under Library-Keeper gives a Stroke through the Name of the Book. Rhymer's Faedera, Vol. 1. Ashmole's Order of the Garter, are scratched out.
Justice. Mr. Taylor says, that Fellow Commoners are so far look'd on as Scholars, that they attend the publick Schools, come to Lectures, take Degrees, and therefore I am a Scholaris.
Taylor. Yes, as junior Fellows are.
Jury. I would ask Mr. Taylor, whether he apprehended he was regular in giving such Licence to Mr. Justice, as he says he did? and whether when he wrote the Letter to him, he apprehended he had more Books than were entered to his Name?
Taylor. I had no suspicion that he had, at that time.
C. K. Pray of whom does your Foundation consist? What do you call your selves?
Taylor. Master, Fellows and Scholars; a Fellow Commoner is not considered as a Fellow, nor as a Scholar.
C. K. Are Fellow Commoners and Scholars chose in election?
Taylor. Those that are Scholars in the House are chosen by Election; Fellow Commoners are not; they are examined, but not elected, nor are they considered as Scholars of the House. A Fellow Commoner may be chosen a Fellow, but he must be chosen a Foundation Scholar first.
C. K. Is there any Form of their Admittance?
Taylor. Yes, they write their own Names in a Register Book, and are sworn before the Vice-master
C. K. Are there any Advancements in the Colledge; to which if a Man be raised, it is necessary that he has been admitted a Scholar Can a Man be Master without he has been a Scholar?
Taylor. Yes; in such Cases the King nominates.
C. P. King Edward VI. gave them a Body of Statutes: and Queen Elizabeth gave them another, which are the Rule of Government; and on one of these Statutes, if I rightly understand, Mr. Justice depends. Here the Charter of the College was referred to, which incorporated them by the Names of Magister, Socii &c Scholares.
C. K. There is no Description in the Charter what a Scholar shall be. Henry VIII. when he gave this Charter reversed the Power to himself to give Statutes; but dying without giving them, Queen Elizabeth gave these, and there is a Distinction throughout between the Socii and Scholares.
Justice. In the 14th Chapter of Queen Elizabeth, you may observe the Stipendiary Scholar is called Discipulus, not Scholaris: Scholaris is another Word for Fellow. The Scholares & Socii are the constituent Parts of the Body. Common Pensioners are not elected, they take no Oath, therefore they cannot be on the Foundation. Commoners are part of the Foundation, the others are no part of the Foundation; if there be any Revenues to be divided they have no part of the Profit.
Here the Statutes were read concerning the Number of, and Distinction between, the Socii Scholares and the Discipuli Scholares.
C. P. I am far from saying that a Crime of this Nature is not punishable. I do not mean any such thing, nor advance any such Doctrine; but what I would insist upon, is, whether it is not a Larceny; punishable it is, but whether it is Felony is the Question.
Justice. I believe the University-Statutes may be given in Evidence, to shew the Meaning of the Word Scholaris. I apprehend it may be material to shew there are stipendiary Scholars, and Scholars of another kind.
(Read the Statutes.)
C. K. This does not shew that Fellow-Commoners are Members of the Corporation; here are Sociis Scholares and Discipuli Scholares, and these are all that are mentioned, and you don't pretend to be of the Discipuli Scholares.
There are to be 62 Discipuli Scholares, one of these you will not allow your self to be.
Justice. No, not a stipendiary Scholar, but a Scholar in general. I desire the Statutes of Edward VI. may be produced.
C. K. We had no notice of them. Here is the Charter of Henry VIII. and the Statutes of the College with relation to Fellow Commoners. There was a Dispute how far the Statutes of Edward VI. were in force; and they are now in the Bishop of Ely's Hands. He has the only authentick Copy of them; it was ordered by the Privy Council that they should be put in to his Hands.
Justice. I desire the 29th Chapter of Elizabeth may be read. Mr. Taylor gave a general Order for me to take what Books I had occasion for, and by Vertue of that Order, I took these; I ordered the Boy to set them to Mr. Taylor's Account; 'tis hardly possible I should take them secretly.
Taylor. I supposed they were to be regularly enter'd in my Name.
Marsam. I liv'd with Mr. Justice as a Servant, about a quarter of a Year before he was taken up; he had many Books, I cannot swear to any in particular.
Marsam I can't say that ever I saw that Book.
Taylor. We found Newcastle's Horsemanship on the Floor in the Study, without its Binding, and the Study Door was lock'd.
Marsam. I can't say I saw that Book.
Justice. He is no Scholar, and so might not take notice of Latin and Greek Books. My Lord, I hope the Distinction as to the Scholares is plainly express'd by Queen Elizabeth's Statutes, and I hope it will be look'd upon, that Scholar is a Student, and every Student a Scholar.
The Council for the Prisoner very learnedly spoke to the Points in Debate, viz. Whether he was not to be considered as a Member of the Corporation. Whether a Member of a Corporation could be guilty of Felony in taking the Goods of that Corporation; and though the Prisoner should not be prov'd an integral or Foundation-Member; yet considering the Liberty or Indulgence granted him, whether it would not be too hard to construct his Crime into any Species of Felony. Their Arguments were severally and distinctly answered by the Council for the King, and the whole Evidence and the Substance of the Arguments on both sides being laid before the Jury in a very judicious and learned Charge, they withdrew, and in short time return'd, and found the Prisoner guilty .
He was a second time indicted for stealing a great Number of Books to a considerable value , being the Goods and Chattels of the Chancellor, Master, and Fellows of the University of Cambridge : To which he had pleaded not Guilty: But the Jury finding him guilty of the first Indictment, he desired leave to retract his Plea, and pleaded guilty , and recommended himself to the Favour of the Court, and hoped for their Intercession to his Majesty for Mercy.
On Monday Evening the 10th of May, Mr. Justice was brought down from Newgate, to receive the Judgment of the Court; and being asked, what he had to say why Sentence of Death should not be pronounced against him according to Law: His Answer was as follows:
Justice. My Lord, In my unhappy Situation, I have nothing left, but to plead the Benefit of the Statute, and pray the Favour of the Court, that I mny not be sent abroad, for the sake of the Prosecutors. My Lord, I was so far from denying that I had the Books, that I always ackowledged it; and I should be glad of an Opportunity of making them a farther Reparation, than they have at present. But if I am under a Necessity of going abroad, it will be absolutely impracticable. As therefore it will be more for their Interest than my own, I hope that will be considered. I speak not from any Desire I have to stay here; for I declare, that if I was to be discharged immediately, no one should see my Face more. (then wept) I own I took these Things, but with no Design to keep them: And I have many more belonging to them; which, if I must go abroad, they will never come at: Therefore, I hope, as the Law gives a discretionary Power to send abroad, or to punish at Home, by burning in the Hand, I hope for Punishment here, that I may be of Service to People with whom I have great Transactions. The Situation I have been in in Life, has occasioned my being intrusted with the Affairs of other People, and the Notice I have of my being to be sent away, is so short, 'tis impossible for me to settle them, or put them into any Method, whereby they may know what Course to take. I have also a young Family to take care of; and, I hope, for their Sake, as Justice has already had its course, and taken Place, your Lordship will think proper that Mercy should take its turn: And, indeed, it will be more Mercy to others, than myself. I have the Honour to be acquainted with many Gentlemen of the same Honourable Profession; I am not unknown to your Lordship; but this fatal Error has been a terrible one to me, and the Consequences of it will always lie upon me; and has deprived me of the Profits and Satisfaction I had Reason to hope for from an Honourable Employment. Instead of being punished, by being sent abroad I beg for Punishment here, for the first Reason assigned; viz. that I may have it in my Power to make Reparation to the People injur'd. I never deny'd the Books; always acknowledged them, and took them with an honest Intent; yet, I have been obliged to remove a great many: I ow'd Rent to my Landlord, and was under a Necessity to send them into the Country, and afterwards to Holland; If I am sent away, they can never come by their own, therefore I hope they will not be averse to what I offer. I have not much more to offer: But as I
My Lord, there is one thing which bore pretty hard upon me at my Trial, and which I mention now, not to extenuate my Guilt, but for the Preservation of those who otherwise may fall into my unhappy Condition: In Relation to the Bibles and Newcastle's Horsemanship, I solemnly declare, that I did charge the Librarian to put them to my Account. If a Man goes and takes a Book according to the Rules of the College, and orders the Book to be set down, if it should be neglected, no Gentleman can be safe: I mention this that they may take more Care, and that Accidents of this kind may be prevented for the future. I am now going to suffer the Law, and the Sentence to be pronounced. The Act gives a discretionary Power to the Court, and if they think fit, the Offender may be burnt in the Hand: But whether the Court will use that discretionary Power with Mercy to me, I know not.
For my own Part, I had now rather go abroad, than stay at home; but there are some Reasons which make it better for me to stay at home. I have been confined half a Year already, and I don't know whether I shall have Opportunity to make Application for Mercy, or to make any Discoveries before the Transports go.
Then the Sentence of Transportation was pronounced.
On Tuesday, May 11. Mr. Justice mov'd by his Council, that he might be allow'd to transport himself, or that a worthy Gentleman of the City of York might contract for him; but the Court would not grant him such Liberty.
104. Jacob Dell of St. Botolph Aldgate , was indicted that he on the 21 of January , with Force and Arms, 14 Dozen Pounds of the Candles, Parcel of the 20 Dozen, feloniously stolen, did receive, knowing them to be stolen .
Elizabeth Grigson . Richard Yates the younger, convicted for stealing the Candles, lived in my House; I sold the Candles for him, and paid him the Money. Mr. Dell had 14 Dozen of them. I sold them to him for 4 s. a Dozen.
Council. Did you never sell any for less than 4 d. a Pound?
Council. Did you never sell any for a half Penny a Candle?
Grigson. No *; I sold them for three Farthings a Candle, and to Dell for 4 s. a Dozen. The Man lodged in my House, and owed me Money, and said he would pay me if I sold the Candles, and I thought Dell a proper Person to buy them. I keep a Chandler's Shop and sold Candles in the Shop.
Q. Did you use to sell such Quantities as 14 Dozen at a Time?
Q. Was Mr. Dell ever your Customer, but for Candles?
Grigson. No, and he had these all at one Price.
Pris. What Quantities of them were broke?
Grigson. Near half of them.
Q. Did you apply to Dell, or did Dell apply to you?
Grigson. I went to him, and asked him if he wanted any Candles; he asked what Candles they were I told him there were 17 or 18 to the 3 Pounds; he asked me whence they came; I said, they were Perquisites of the King's Servants.
Council. Perquisite Candles! have all you sold been li't or broken?
Grigson. I can bring some People who have had Candles neither li't nor broke.
Q. And don't you think they are such Perquisites as Peop'e are try'd here for.
Juryman. What induced you to apply to Mr. Dell?
Grigson. I dealt with him for Butter, Cheese and Bacon.
Council. Other Candles you sold for 5 d. a Pound, how came you to sell these for 4 d. when they were thicker and larger?
Grigson. They were indeed thicker and larger, but I believe there was almost one half of them broke, and Dell said he did not think them any great Penny-worth on that account.
Prisoner. Did not you tell me they were Dutch Candels?
Q. If she told you they were Dutch Candles, how came you to imagine they were the King's Candles?
Grigson. I thought they were Perquisite Candles, come from Holland.
Henry Willonghby . On the 21st of January, I was sent for and told, that the Excise-Officers had seized a large Quantity of Candles, supposing them not to have paid the Duty: Upon Enquiry I found them to be my Mother in Law's Candles, They were seized about
Council Are you sure Dell told you, that none of the Candles were broke, nor lit?
Willoughby. On my Conscience and Oath, he told me they were not; and that he bought them as Perquisite Candles from St. James's. After the Trial was over, I asked him what he designed to do with the Candles: he said he would keep them. What, says I, after you have heard the Property prov'd? Do you act like an honest Man?
Prisoner. Did not I freely own I bought the Candles, and told you the Price?
Willoughby. He did, and threatned me if I did so and so, if I went on with the Prosecution, what he would do.
Prisoner. Did you apprehend this Indictment was Felony?
Willoughby. I did not know what it was.
Prisoner. Did not you say you was shock'd at it?
Willoughby. I said I was sorry, and was, perhaps, more uneasy, than he was himself
Prisoner. Did not I bring this Letter to you, which Grigson sent to me, by which means the Thief was taken?
Willoughby. I believe I might see this Letter, but, I believe it was a Day or two afterward. Clerk reads the Letter.
To Mr. Dell, These, Signed Eliz Grigson.
Sir. 'I am in the Concern in Life to ' hear of the Trouble you are like to have on my ' Account, but depend on my appearing to ' you. I am innocent of their being stole, as ' you are. He told me, they were Perquisites ' of the King's Servants: I took them as such, ' and, he says, they came from Holland: I ' have heard he is in Farthing Fields. There ' are 4 or 5 near Houses, and he is at the 3d ' and the Persons Name is Malt, and I should ' be glad if Mr Bray and you could take him ' to clear us. Sir, be satisfied, I will appear ' whenever you have necessity for me, or I ' should think myself the worst of Creatures; ' or if it was that which would hang me, I ' will appear and own I sold them for Perquisite ' Candles, and he brought them to me open, ' and I unhappily brought them to you unknown ' to him: When I see you, I will give ' you a more particular Account, which shall be ' whenever you fix the Time.'
Q What do Candles sell for in the common Way of Trade?
Willoughby I gave my Mother five Shillings a Dozen: I had twelve Dozen, for which I paid 3 l.
John Speller . Mr. Dell call'd me in one Day, before the Thing was found out, and shewed me a Candle; ( I was Mrs Greswell's Apprentice) and he said he had those Candles out of the Country at four Shillings a Dozen. I said I would give him four Shillings and six Pence for an Hundred Dozen. It was a whole Candle; he bid me break it, and I did, and I am sure they could not be made nor sold under five Shillings to get any Thing by them.
Allen Parsons . After the Thing was known, Mr. Dell shewed me about five Papers, a Dozen in a Paper: The Chief Part was whole, and there might be here and there a broken one, but very few, and all with whole Cottons: I believe there might be half a Dozen Pounds broke in the five Papers: He told me, he gave four Shillings a Dozen for them: I believe I made part of them myself, and they stood us in more, who were the Makers.
Prisoner. Did I not tell you my self, that I had bought Candles, and ask your Opinion?
A. Parsons. After the Thing was found out, you came to me and said, you believed you had
Prisoner's Defence. The Charge against me is of a heinous Nature; no less than Felony; the Proof therefore ought to be strong, and bear a Proportion to the Charge, especially if it be against a Person of Reputation, as I shall prove my self to be. It may be the Misfortune of the honestest Man to buy Things in thus Manner; and if he is to answer for a second or third Hand, what Tradesman can be safe?
Thomas Weedward . My Master asked Speller his Opinion of the Candles, he had then no more than one Dozen in the House, which he had by way of trial, I did not hear my Master say from whence they came: They were brought in openly, and when we had Customers in the Shop Our Porter told my Master. Mrs. Greswell had lost Candles, and her Journeyman came over with my Master to look at those.
Joseph Delafield . Mr. Dell freely shewed me the Candles, and told me and others what he gave for them; I cannot remember the particular time, but it was before the Discovery that they were stolen, and there were some of them broke; he said they were Perquisite Candles.
John Hattersley , deposed to the same Effect, adding that Grigson was a good Customer to him; that if she had come to him he should have taken them of her; that the Commissioners of the Navy at that time gave but 4 s. 2 d. a Dozen, and at that time Candles were sold at different Prices by different People.
Richard Norman . I sold good condition'd Candles at that time for 4 s. 4 d. if these Candles were in the condition they have been sworn, I would not have given 3 s. 6 d. The Victualling Office a little before, gave 3 s. 11 d. I offered them at 3 s. 11 pence half penny per Dozen.
- Bracebridge. Mr. Willoughby told me this Prosecution was owing to Dell's Obstinacy; if he had not been obstinate he had never gone so far.
Justice Richards. I heard Willoughby say he expected Dell shou'd have return'd the Candles; that he was concerned at what was done, and had not had a Wink of Sleep all Night; but Mr. Dell he said, had not used him well, for he had told him, he had paid for the Candles and would keep them, had he returned them, Mr. Willoughby said he should not have prosecuted him, and if the thing was to do again, he would not do it for the World.
Samuel Wright . I have bought Perquisite Candles, some of which had been lit, and some only prepared for lighting, at three, four, or half a Dozen Pounds at a time, at three Shillings and eight Pence, or three Shillings and ten Pence, I cannot say, but I should have been cautious of buying them had the Cottons never been cut.
Charles Bray . Allen Parsons in my hearing own'd that his fellow Servant told him, Mr. Dell had shewn him the Candles, and asked him, if his Mistress would sell such Candles, so cheap; that he told him, there was a great deal of Stuff in them, to put him out of conceit with them, but that they were indeed as good Candles as ever he saw in his Life. Mr. Willoughby I believe might say at the Sessions House Gate that if Mr. Dell would not deliver the Candles he would proceed in another manner.
Q. You had no Colour to think the Property of the Candles was alter'd; why did not you deliver the Candles?
Prisoner. I told him I would deliver them in a proper manner.
John Hattersley, Mr Burroughs, Mr. Delafield, Justice Rickets, Mr. Overall, Mr. White, and Mr. Wright, gave the Prisoner a very good Character; and informed the Court, that he was a Man of Credit and Reputation; and one of too much Honour and Conscience to be capable of committing a mean or base Action. Acquitted .
After the Trial was over, the Prisoner moved by his Council for a Copy of his Indictment, but the Court would not grant it.
105, 106. James Turlis , was indicted for stealing a Motion and Slide of a Watch, eight Arbors, and Enguine Arbor, and several other Tools the Goods of Robert Sanderson : and Charles Peckever as an Accessary for receiving the same knowing them to be stolen , Feb. 23 . Both acquitted .
He was a Third time indicted for stealing several Tools , and acquitted .
Received Sentence of Death 7.
To be Transported 58.
John Dean , Walton Ruttlis , Isaac Thomas , Timothy Carter , William Shaw , Lewis Laffar , Mary Denny , Mary Field , Martha Hadley otherwise Wilkins, Elizabeth Douglas otherwise Redhead, William Whale , John Standland , Martha Wright , Mary Goodman , Eliz Coombs , Eliz Pain , William Goodwin , Ann Brown , Martha Jones , Eliz Matthews , Elizabeth Venus , Abigal Hart , Frances Williams , Ann Hopkins , Ann Lawson , G - Ad - , William Fowkes , Richard Nixon , William Dobson , Mary Wood , Eliz Leman , Katherine North , Eliz Smith , Ruth Parker , Anthony Toney , Elizabeth North , Mary Yardley , James White , Ralph Stringer , Thomas Byan , Anne Seawell , Matthias Johnson otherwise Roach, Catherine Partridge , Robert Keeble otherwise Tibley, Samuel Haydon , Sarah Murphy , Eliz. Broadfield , Henry Fiander , George Welch , Robert King , Stephen Sanger , Mary Barnes , Susan Bean , Hannah Sheppard , Catherine Berry , Ann Brewer , Frances Middleton , and Henry Justice , Esq;
MUSICK-BOOKS printed by, and for A. Pearson, over-against Wright's Coffee-house in Aldersgate-Street.
1. A Treatise of the Natural Grounds and Principles of Harmony, by W. Holder, D. D. Fellow of the Royal Society, and late Sub-Dean of their Majesty's Chappel Royal. To which is added by way of Appendix, Rules for Playing a Thorow-Bass; with variety of proper Lessons, fuges, and Examples to explain the said Rules. Also Directions for Tuning an Harpsichord or Spinnet. By the late Mr. Godfrey Keller . Price Bound 3 s.
2. The Second Book of the Divine Companion, or David's Harp New Tun'd. Being a choice Collection of New and Old Psalms, Hymns, and Anthems, for One, Two, Three, Four, and Five Voices; none of them being ever before printed. Price Bound 3 s.
3. A Supplement to Playford's Book of Psalms in Three Parts: Being a Collection of above twenty of the best modern Tunes now in use. (Not in that Book.) With an Introduction to Psalmody. Price Bound 6 d.
4. Ravenscroft's Whole Book of Psalm Tunes in Four Parts: With the usual Hymns and Spiritual Songs. Newly done in a fair large Character. Price Bound 2 s. 6 d.
5. A Supplement to Ravenscroft's Book of Psalm-Tunes, being a Collection of the best Modern Tunes now in Use (not in that Book.) with Rules and Instructions for Learners. (Price Stitch'd 6 d.)
N. B. A. PEARSON, still continues to Print and Sell all Sorts of Musick Books; and great Allowance will be given to Country Chapmen, and others, who sell them again.
A Speedy Cure for the ITCH.
At the Crown and Ball in 's Court, in St. John's-Lane, near Hicks's Hall, is sold,
A WATER which perfectly cures the ITCH, or Itching Humours in any part of the Body, having no offensive Scent; and has been approved by many Years Experience. Price 1 s. 6 d. a Bottle with Directions. Prepared by A. Downing, Chymist.
At the same Place may be had,
The true Essence or Spirits of Scurvy, Grass, both Purging and Plain, most excellent in all Degrees of the Scurvy, at 8 d. a Bottle.
And the great Elixir of Life, called Daffy's Elixir, truly prepared from the best Ingredients, very useful in all Families. Price 2s. 6d. the Half Pint.