Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 21 October 2014), August 1685 (16850826).

Old Bailey Proceedings, 26th August 1685.

THE PROCEEDINGS ON THE King's Commissions Of the PEACE,

And Oyer and Terminer, and Gaol-delivery of Newgate, Held for the City of London, and County of Middlesex, at JUSTICE-HALL, in the OLD-BAYLY, The 26th and 27th Days of August, 1685. And in the First Year of His Majesties Reign.

THE Sessions of the Peace, Oyer and Terminer, and Goal-Delivery of Newgate, being held at Justice-Hall in the Old-Bayly, on Wednesday, and Thursday, being the 26th and 27th days of July, 1685. before the Right Honourable Sir James Smith Kt. Lord Mayor of the City of London, Sir Thomas Jenner Kt. one of his Majesties Serjeants at Law, and Recorder of the said City; together with others of His Majesties Justices of the City of London and County of Middlesex. The Jurors were as follow:

London Jury.

John Jenew

William Bullivant

Richard Hamman

Edward Helder

John Eston

Robert Comport

John Hudson

John Hunt

John Seymore

William Revet

Walter Kettilby

Moses Pitts

Middlesex Jury.

Edward Fuller

Joseph Laurence

Thomas Nichols

Richard Sutton

Edward Phips

Henry Bradbury

Edmund Cook

John Webb

John Newman

Timothy Taylor

John Franckly

John Sutton

The Tryals of the Prisoners were as follow:

William Prat in the Parish of St. James in the County of Middlesex , indicted, for that he July the 15th endeavoured to stir up Sedition in the Kingdom, and by false and scandalous Speeches and Words to render her most gracious Majesty, our present Queen, odious in the Opinions of all her liege Subjects , saying as follows; The Queen is the Pope's Bastard, and that it was no Treason to speak against her by reason she was never Crown'd; and he would be the death of those that caused the D. of Monmouth's Death, tho' he was forthwith to be pared to death with a Razor for it. Upon his Tryal it was positively proved, that he said all the aforesaid Words; and farther, that he was told by a Privy Counsellor, that the Queen had often petitioned the King to take away the Life of the D. of M. speaking divers other very scurrilous words against Authority. The Prisoner could produce no Witnesses to speak in his behalf, neither in Confutation of the Crimes laid to his Charge, nor of his Reputation; all that he said was, he was no ways guilty, but had always bore very loyal thoughts of the King, Queen, and Government; but produced no Evidence, and so he was brought in Guilty .

[Whipping. See summary.]

Eliz. Voller in the Parish of St. James , indicted for stealing a silver Tankard, value 6 l. from Rich Church : it was proved, that she coming into Church's House call'd for a Tankard of Drink, and taking the opportunity when the House was busie, run away with the Tankard: but the Prisoner proving she was in Prison when the Tankard was gone, she was found not Guilty .

Anne Dolbin in the Parish of St. Martins in the Fields , indicted for stealing, Aug. 12 . three pieces of coyned Gold from Eliz. Saunders , value 3 l. 4 s. 6 d. with other Gold to a considerable value : in behalf of the Plantiff it only appeared, that she had some pieces of Gold, but what became of it they knew not. The Prisoner proving her self unconcern'd, was found not guilty .

Thomas Harbert of the Parish of St. Giles Cripplegate , indicted for endeavouring to cheat Hue Walford of six pounds of Tobacco, value 7 s. The Evidence against the Prisoner being frivolous, and grounded upon a Mistake, he was brought in not guilty .

Nathaniel - of the Parish of St. Botolph Billingsgate , Indicted August 18th . for stealing a silver Tankard from Mr. Poliday . It was proved he was taken with the Tankard. The Prisoner, in his defence, said, That being in drink, meeting with a Friend, lest his Friend should be gone, he follows him with the Tankard. He was found Not Guilty .

Thomas Davis and John Buckmaster , in the Parish of St. Dunstans in the West , Indicted January 17th . for assaulting Anthony Loe with a Sword, and wounding him therewith, on which Wound, August the 10th. the said Loe died . It appeared on the Tryal, that a Quarrel arising between Mr. Loe and Mr. Davis about a Guinea, Davis strook Loe with a Whip, challenging him out; upon which going together, and fighting, the said Loe was found on the ground wounded, Davis and Buckmaster being by, and having their Swords drawn; and that Davis being apprehended, he confessed he had fought Loe, and wounded him, and that he was a great Coward. The Physician, in defence of the Prisoner, says, That Loe seem'd to be well of his Wound, but was taken with two Fevers afterwards, in which Fever the said Loe died: the Surgeon likewise says, that the Wound was healed, and perfectly cured, and that his Body was corrupted by other Distempers. The Jury brought them in Not Guilty .

Thomas P - , of the Parish of St. Giles in the Fields , Indicted July 25th . for stealing one pair of Holland sheets, value 20 s. with other Goods, in all to the value of 27 s. 6 d. from Mr. Michael . It was proved, that the Goods were found on the Prisoner, who had little to say in his own defence, only, that it was a Gentleman's Frolick: in the end, the Jury found him Guilty .

[Branding. See summary.]

Thomas Glanister , of the Parish of St. Andrews Holborn , Indicted the 2d. of August for breaking the House of John Clark , and stealing thence three Stuff Coats, value 12 s. two pair of Breeches, value 5 s. with other Goods : it was proved against the Prisoner, that he brought the Cloaths in a Bundle and carried them over the Water: the Prisoner making little defence, was brought in Guilty .

[Death. See summary.]

Robert Jones , of the Parish of St. James Clarkenwel , Indicted August 20th . for stealing from John Wright one Apron value 2 s. one Bib value 6 d. and other Linnen, in all to the value of 3 s. The Evidence prov'd, that missing the Goods, the Prisoner was seen to run from the House, and the Goods were found drop'd by the way. The Prisoner saying little for himself, was brought in guilty to the value of 10 d.

[Whipping. See summary.]

Elizabeth Hacker , of the Parish of St. Andrews Holborn , was indicted July 27th . for stealing away a Chamblet Cloak, value 6 l. from Mr. Hulston : it appear'd on the Tryal, that Eliz. Hacker coming to enquire for Mr. Hulston, and going into his Chamber, returning speedily again, being suspected by the People of the House, searching for the Cloak, it was gone, and that the Prisoner's Husband carried a Cloak to pawn; upon which, the Prisoner, denying the Fact, was brought in Guilty .

[Death. See summary.]

Dennis Dally , of the Parish of St. Martins , indicted for speaking seditiously of the Government, in Vindication of the Rebels, saying the late Duke of Monmouth had better Title to the Crown than the Duke of York, with an intention of Rebellion : all which being proved against the Prisoner at the Bar, by a Lieutenant and a Serjeant, and he having little to say for himself, but that he had been a true Servant to the King for four Years, was brought in Guilty .

[Whipping. See summary.]

John Tomson and Robert Flatman , of the Parish of St. Michaels Woodstreet , Indicted August the 21. for Breaking up the House of Thomas Temple , and Stealing 7 Napkins value 4 s. two Handkerchiefs, value 1 s. with other small Linnen : It was proved that Tomson was taken with the Goods; Flatman being in Company, and Tomson being proved to be an old Offender and Branded in the Hand, was brought in Guilty ; and Flatman not Guilty .

[Death. See summary.]

William Charly and Elizabeth Lewis , in the Parish of St. Michaels , Indicted November 20th . 1684 for Breaking up the House of William Loveday , and Stealing from thence 70 Yards of Black Spanish Cloth, value 39 l. with other Cloth, in all to the value of 122 l. It was proved that Charly was taken with Picklock Keys and other Implements thereto belonging about him, and a Remnant of the Cloth was found in Lewis her Trunk, and that she had Pawn'd many pieces of the Cloth in several Shops: Lewis said she had the Goods of Sims her Husband, and it appeared Charly was Burnt in his Hand, upon which they were brought in, Charly Guilty , and Lewis not Guilty .

[Death. See summary.]

John Huget of the Parish of St. Giles in the Fields , Indicted August the 9th . for Breaking up the Dwelling-House of Cornelius Roberts , and Stealing a piece of Gold called a Guinea, value 21 s. and 6 d. with 20 s. in Silver, and other Goods . The Evidence for the King proved the Prisoner was taken in Roberts his House, and in the Room from whence the Goods were taken. The Jury considered of the Prisoner's Defence, and brought him in not Guilty .

Hanah Watkins , Anne Scot , Catharine Baucer and Cassandra Widdows , of the Parish of St. Dunstans in the West , indicted August the 16th . for stealing one Shift, a Mantua, value 2 l. with other small goods , from one Mr. Marman : it was proved by the King's Evidence, that the Goods had been offer'd to be pawn'd by Scot, Baucer, and Widdows; as for Watkins, she was only in the House whence the Goods were taken. Baucer and Widdows say they had the goods of Scot, who with Baucer appeared to beold Offenders. Whereupon Baucer, Scot, and Widdows, were brought in Guilty ; Watkins not Guilty .

[Death. See summary.]

Sarah Gorden and Anne Hayles , of the Parish of St. Andrews , Indicted August the 7th . for stealing two pair of Holland Sheets to the value of 1 s. with other Linnen , from Mary Presnol and Nicholas Roe . The goods were found upon the Woman Gorden; and she appearing to be an old Offender, was brought in guilty of Felony, Hayles not guilty .

[Branding. See summary.]

Thomas Draper , of the Parish of S. Sepulchres , indicted the 14th. of August for stealing a Gelding, value 6 l. from Will. Watson . It was proved very plain, that Draper brought the Horse to London, and sold him for 6 l. The Prisoner having nothing to say for himself, was brought in Guilty .

[Death. See summary.]

Mary Aris , Mary Arrow , and Dorothy Critor , indicted for leaving, August 10th , three Children in the Parish of St. Botolph Bishopsgate , to be maintained by the said Parish, it being great Damage and Oppression thereto . The Evidence for the King made it apparent, that the Prisoners at the Bar, for some time, had made it their business and trade, in the aforesaid nature to leave young Infants (which they had gotten under the species of Nurses) to the Mercy and Commiseration of a Parish, after they had got a considerable Sum of their natural Parents; where, after they had left them, they would one way or other engratiate themselves with the Overseers or Church-wardens of the Parish where the Child was left, that the Nursing might once more be committed to their Charges, by which means they would engross to themselves a double Pension, one from the Parent, another from the Parish where it was left. The Prisoners could make little or no defence that was any way pertinent; all that was said, was in Confutation of one who gave Evidence against them, that they had served him so in two Children that were laid to his Charge, being Twins basely born, he agreeing to give the said Prisoners five pounds to acquit him of the Children; which after he had done, and delivered the Children to one of their Custodies, they agreeing together, carried and left the Children in the Parish of St. Botolph Bishopsgate; but the Prisoner said, he ordered them so to do: which with all their other Evasions being look'd upon as fostered, they were brought in all guilty of a Misdemeanour.

James Urin , in the Parish of St. Giles's in the Fields , was indicted, for that he, August the 18 , did feloniously steal from the Honourable Elizabeth Cartwright , Widow , one silver Castre Sugar Cup, to the value of 3 l. 15 s. three silver Spoons, value 1 l. 10 s. two silver Salts, with other small Goods, as Linnen, &c. On the Tryal it was deposed, that the Prisoner sold the Plate to one Eleanor Steel , and that he confessed he bought him a pair of purple Breeches with the Moneys: but the Jury laying little stress on the Evidence, the Prisoner was brought in not guilty .

Thomas Bucknell , in the Parish of St. Bartholomews , Indicted July the 16th . for Stealing a Leather Purse, value 2 d. with 5 l. 5 s. in Monevs; in all to the value of 5 l. 5 s. and 2 d. from one Mary Common . It was proved that Bucknell was seen to take the Money by the Person that lost it, but the Prisoner spoke well in his own defence, proving he was desired by the said Common to look upon a Bed of hers, which she desired to borrow Money upon; proving further his Credit by many of his Neighbours, he was brought in not Guilty .

John Lee , of the Parish of St. Lawrence , Indicted July the 2d , for Stealing 106 l. 13 s. from one Mr. Burbidg . The Evidence for the King said, that the Money was delivered to Lee's Custody in a Box, and when the Box was to be delivered again, the Money was Missing; but all the Circumstances being no ways pertinent, the Prisoner was brought in not Guilty .

Richard F - , in the Parish of St. Martins in the Fields , Gentleman , Indicted for Assaulting July the 20th . the Body of Philip Darcy Gentleman , with a Rapier to the value of 5 s. running the said Rapier into his Right Side, of which Wound the said Phillip Darcy Languishing till the 26th. of the said Month, Died . The Evidence for the King, as it was before taken in the Coroners Inquest, deposed, that Mr. Darcy and Mr. F - meeting near Charing-Cross, Mr. Darcy Accusing Mr. F - for Riding away with his Bridle, Mr. F - satisfied him thereof; upon which Mr. Darcy told Mr. F - he was Indebted to him Six-pence upon the account of a Reckoning, which Mr. F - denying, Mr. Darcy gave him the Lye; upon which Words going out and Drawing upon one another, with their mutual Passes and Tilts they were interchangably Wounded, Mr. Darcy being seen to draw his Sword out of the Body of Mr. F - ; the Evidence for the King and for the Prisoner were very Discongruous in their Relations: About the beginning of the Fight, the Witnesses for the King deposing that Mr. F - first stroke Mr. Darcy a Box on the Ear, and afterward Drew his Sword, provoking Mr. Darcy to Draw likewise, which before Mr. Darcy could do, he was by Mr. F - run into the Side, on which Wound, he was seen to lay his Hand before he Drew his Sword. Mr. Darcy had some Gentlemen spoke very honourably of his Reputation; on the contrary, Mr. F - brought at least five Witnesses, which said that Mr. Darcy gave the first Provocation, striking Mr. F - with his Fist, and likewise Drawing and Stabbing him in the side before he Drew; and that after a short Debate between them, F - Fell, and Mr. Darcy was carryed off,upon which, the Jury after some small Consult brought him in guilty of Man-slaughter .

[Branding. See summary.]

John Detraby of the Parish of Saint Margarets Westminster , indicted for stealing the 10th of this Instant August , twenty two Shillings in money from James Pullyon : Pullyon (being himself all the Evidence against the Prisoner) deposed, that he saw Detraby take one shilling out of the Box, and after telling his money, he had lost the aforesaid Sum; upon which, he apprehended Detraby, who deny'd the Fact; which was all he could say, being destitute of Witnesses: he was found guilty to the value of 10 d.

[Whipping. See summary.]

Elioner Steel , in the Parish of Saint Giles in the Fields , indicted for stealing from the Honourable Elizabeth Cartwright , Widow , one silver sugar Castre Cup, value three pound fifteen shillings; three silver Spoons, value one pound ten shillings; one silver Chavendish, two silver Salts, with other small Goods . It was proved that Elioner Steel brought the Plate to be sold, and was thereupon apprehended; who in her defence pleaded, that one Urin had sold her the Plate; but Urin upon his Oath denyed the whole Fact; upon which, she was brought in Guilty .

[Death. See summary.]

Thomas Garret in the Parish of Kensington in the County of Middlesex, indicted for stealing August the 18th , one gray Nag with a Saddle value one pound , from the Honourable Daniel Earl of Nottingham . It was proved, the Prisoner confessed before a Justice that he had the Horse: he pleaded little for himself: the Jury found him not Guilty .

The said Thomas Garret was a second time indicted, for endeavouring, on July the 27th . to break open the House of the aforesaid Earl . It was proved he was taken upon the place. In his own defence he said, that he only design'd to rob his Orchard. To this Indictment also the Jury found him not Guilty .

John Pledwell , with Mary Champian accessary, Indicted for committing a Rape upon the Body of Mary Haynsword , on the 24th of June . It appeared, that the aforenamed Champian engratiating her self into the Company of the said Haynsword, seduc'd her from her Parents, taking her to her pretended Lodging into the Company of Pledwell, where Champian left her, telling her, she must stay with Pledwell all night: Champian being gone, Pledwell shuts to the door, drew his Sword, and compelled her to undress her self, stopping her mouth with his Handkerchief, and took his Will of her in the Bed, offering to stab her with his Sword if she refused him. The Woman of the House where the Rape was committed appear'd in the Behalf of Pledwell, but was altogether impertinent, having the Reputation of a common Bawdy-house. A Butchers Man came in, who deposed, that Mary Haynsword was a very common Woman both to him and others. As for Champian, she said, that upon the Instigation of Haynsword she took her from her Parents, with a design to help her to Lodgings. All which being considered by the Jury, Pledwell was brought in Not Guilty , Champian acquitted.

Valentine Williams and Vincent Hunt in the Parish of Stepney , indicted July the 29th . for stealing nine Pounds ten Shillings of Moneys from Thomas Hortshorn : Upon the Tryal very little was proved against the Prisoners, whereupon they were brought in not Guilty .

Richard Bide , of the Parish of St. Giles Cripplegate , Indicted August the 19th . for Stealing 24 Yards of Cloth-Serge from William Cock . It was proved that Bide was seen to take the Cloth, and was forthwith apprehended with it. He the Prisoner, in his defence, says, That the Cloth being ready to fall from the Stall, he only put his hand to keep it up. He was brought in guilty to the value of 10 d.

[Whipping. See summary.]

Elizabeth Radford Indicted for stealing five Ells of Holland, value 10 s. one Scarf value 10 s. with divers other Goods from Esther Collingwood : No Evidence appearing she was acquitted .

Jane Wright of the Parish of St. Mary White-Chappel , Indicted for stealing 16 s. 3 d. in Money from Frances Burstall . Upon the Trial it appeared that Wright the Prisoner upon a Decoy contriving to secure the People of the House by a Constable, and being left alone in the House, the 16 s. of Burstalls being then in a Box in the House, but upon the return the Money was gone: The Prisoner having little to say, only Railing against Burstall, she was brought in not Guilty .

James Harrison , in the Parish of St. Giles in the Fields , Indicted July the 15th . for stealing from William Kitchen one Feather-Bed, value 1 l. 15 s. with Bolster and other Goods , the Prisoner not knowing what to say, was brought in Guilty to the value of 10 d.

[Whipping. See summary.]

The Trials being over, the Court proceeded to give Judgment as follows

Three Burnt in the Hand, viz. Sarah Garden, Thomas P - Richard F -

Six Persons to be Whip'd, viz. Dennis Dally and William Bras, for speaking Seditious Words of the Government; Ricard Bide, John Detraby , Robert Jones , James Harrison .

Nine recieved Sentence of Death, viz. William Charly , John Tomson , Thomas Draper , Ann Scop, Catherine Bancer , Cassandra Widdows , Elizabeth Hacker , Thomas Glunister , Eleaner Steel.

Thirty old Offenders pleaded the Kings Gracious Pardon.