Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 01 October 2014), October 1685 (16851014).

Old Bailey Proceedings, 14th October 1685.

THE PROCEEDINGS ON THE King's Commissions Of the PEACE, And Oyer and Terminer, and Goal-delivery of Newgate, Held for the City of London, and County of Middlesex, at JUSTICE-HALL, in the OLD-BAYLY, The 14th, 15th, and 16th. Days of October, 1685. And in the First Year of His Majesties Reign.

THE Quarter-Sessions of the Peace, Oyer and Terminer, and Goal-Delivery of Newgate, being held at Justice-Hall in the Old-Bayly, on Wednesday, Thursday and Friday, being the 14, 15 and 16, days of October, 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.

Edward Kemp

William Brown

Merlin Burly

Thomas Burly

Samuel Gible

John Emmery

George Downs

Robert Cole

Stephen Filer

Charles Gregory

John Hawes

Thomas Thornbury .

Middlesex Jury.

Nehemiah Arnold

Francis Stephens

Humphrey Bradshaw

Richard Fisher

John Howler

Samuel Burch

William Tomson

John Vigers

Samuel Peacock

William Read

Richard Fits Garred

Richard Brumfield .

The Tryals of the Prisoners were as follows:

Edward Lawson , of the Parish of St. Dunstans in the West , Indicted for stealing fifty five Yards of Cloth, value 70 l. of the Goods of the Lady Frances Turconel . It was fully proved against the Prisoner, that he had the Cloth, and was seen to go into the House, and bring the Cloth thence, which after he called a Coach, and carried the Cloth into Fetter-Lane. The Prisoner appeared very Impudent in Court, giving a very slender account of himself; and that which was given being look'd upon as very Immaterial, he was brought in Guilty .

[Transportation. See summary.]

Nich. Leonard , and William Heat , an Interloping Prisoner, Indicted for stealing three Geese , October the 4th . from Ann Betts , of the Parish of Enfield . It was proved that the Geese were taken on the Prisoners: The Prisoners pretended they found the Geese Pinioned. They were brought in Guilty to the value of 10 d.

[Whipping. See summary.]

Walter Hunt , of the Parish of St. Mary White-Chappel , Indicted for stealing an Iron Handle of a Pump, October the 1st . value 5 s. of the Goods of William Hornby . It was proved the Prisoner confessed he had stolen the Pump Handle; which not denying on his Tryal, he was found guilty to the value of 10 d.

[Whipping. See summary.]

William Lacy , of the Parish of St. Giles in the Fields , Indicted for Assaulting one William Aldredge , September the 14th . striking him with his Fist on the King's High-way, and robbing him of 8 l. in Moneys . It was proved by the party that lost his Money, That Lacy the Prisoner importuning the Plantiff Aldridge to drink a Bottle of Wine, who, after some Importunities going with him, and drinking some part of four Bottles of Wine; which when he had done, refusing to drink any more, going off, the Prisoner assaulted him the said Aldridge with his Fist, beating him to the Ground, very much abusing his Face, which Bruises his Daughter attested in Court, deposing that her Father coming home, she seeing his Wounds and asking him how he came by his Abuses, he told her the Prisoner Aldridge had done it, robbing him likewise of his Money: the Prisoner made it appear, that Aldridge was so drunk that he fell down at the Tavern door and there bruised his Face; which being testified by divers; the Prisoner was forthwith brought in not Guilty .

William Cole , of the Parish of St. Katharines , Indicted for stealing, on September 10 , two brass Pot-lids, value 4 s. from James Pitt . It was proved, one of the Pot lids were found on the Prisoner Cole, which he offered to sale, and was thereupon taken; and farther it appearing he had been formerly, whip'd for his Miscarriages, he was found guilty to the value of 10 d.

[Whipping. See summary.]

Elizabeth Warner of the Parish of St. Bennet . Indicted August the 10th . for Stealing 15 l. from one Mr. Brett : It appeared that the Prisoner came into the Shop to buy some Muslin, the Moneys being then in the Shop, and was wanting some half an Hour after they were gone; But the Prisoner giving a good account of her Reputation, was brought in not Guilty .

H - T - , of the Parish of St. Martins Ironmonger-Lane , Indicted for Breaking up the House of Robert Plow , October the 2d . It was proved that the Prisoner was seen to come out of the House, and being Pursue and Taken, he confessed he was in the House, but had Agony upon him, that he could take nothing therefore He was brought in Guilty .

[Death. See summary.]

John D - of the Parish of St. Martins in the Fields , Indicted September the 7th . for Assaulting George Harding , with a Sword value 5 s. Wounding him therewith, on which Wound the said Harding Died . The Evidence for the King proved that the Prisoner Mr. D - Drawing upon another Man, Harding appearing in Defence of the Abused party, was by the said D - Stab'd, on which Wound he Died; all which was prov'd by several Witnesses, the Chirurgeon arresting the Wound occasioned his Death. Mr. D - in his Defence deposed, that what he did was in defence of his Life, and that he received divers Blows with other Provocations; called Papist Rogue, one putting the other forward, crying, Knock him down, Knock him on the Head: he endeavouring to make his Escape, was at length (they pressing two hard upon him) obliged to Draw, bidding them be cautious; which Harding not regarding, pressed himself on his Sword, and so Drop'd, he being then some 40 Yards from the Door where the Quarrel first hapned. He was brought in Guilty of Manslaughter .

[Branding. See summary.]

Philip Maynards , of the Parish of St. Margarets Lothbury , Indicted September the 28th . for stealing one Watch value 3 l. with a Brass Case, value 5 s. from John Edgworth : The Watch was found on the Prisoner, who could only say he won it; and was found Guilty .

[Branding. See summary.]

Thomas Gardner , of the Parish of St. Mary Savoy , Indicted July the 6th for Assaulting Rowland Little , Esq ; and Stealing from him a Silver Hilted Sword, value 28 s. It appeared. Squire Little losing his Sword, cried out, Stop Thief; upon which the Prisoner Gardner was Apprehended, the Sword lying near him, he was found Guilty .

[Death. See summary.]

Thomas Turner , Richard Coy , William Robinson , and George Cammell , Indicted for Assaulting John Pocher , of Hellingdon , Middlesex, September the 30th . with a Rapier value 2 s. on the left Pap. of which Wound the said Pocher Died . It appeared that eight Souldiers going into an House to Drink, after they had Drank some time, ran away without paying any thing for it, pursued by the Man of the House for his Reckoning: upon his demand thereof, the Souldiers Drew, and one of them Killed one Pocher: The Souldiers in their Defence say, that they were Assaulted, and Turner in his Defence had his Scabbard struck from his Sword. and then he knew not but he might prick one of them. They were brought in all guilty of Man-slaughter .

[Coy: Transportation. See summary.]

[Turner, Cammel and Robinson: Branding. See summary.]

Richard Oucher , of the Parish of St. Michael Cornhil , Indicted for Stealing a Gold Watch value 10 l. September the 9th . from Arthur Anslow : It was proved the Watch was taken on the Prisoner, which he proffer'd for Sale to a Watch-maker in Cornhill. All the Prisoner said in his Defence was, he found the Watch: He was brought in Guilty .

Edward Hawly , of the Parish of St. Dunstans in the West , Indicted for stealing three Swords, value 25 s. September the 2d . from Richard Bridgdan : It was positively proved he had the Swords, and was brought in Guilty .

[Transportation. See summary.]

Samuel Presby , of the Parish of St. Mary-Hill , Indicted for stealing 1019 Yards of Cloth, value 36 l. from one Mr. Smith . The Evidence for the King made it appear that the Prisoner confessed he had the Cloth, and if he was Prosecuted he should be Undone: It farther appearing he had been formerly Branded in his Hand, he was brought in Guilty .

[Death. See summary.]

Susan English and Hester Taylor , of the Parish of St. Mary Hill , Indicted July 30 . as accessary to Presby, for the stealing 1019 Yards of Cloth of the Goods of George Smith . It was proved on the Tryal, that the Prisoners harboured the Goods, and that their House for some Years had been scandalous for giving Entertainment for Thieves ; but being proved but by Circumstances, they were brought in not guilty .

Joseph Bred , of the Parish of St. Mary-Hill , Indicted for stealing one Leather Purse, value 2 s. and a 11 l. in Moneys September the 8th . from William Beron . It appeared that the Prisoner confessed he had the Money, but he saying he was Drunk when he said he had it, was brought in Guilty .

Richard Gill , of the Parish of St. Botolph Bishopsgate , indicted for stealing 152 pieces of Coined Gold, August the 10th . with divers other pieces , from one Mr Marriot . He pleaded Guilty .

[Branding. See summary.]

Edward Linsy of the Parish of Alhollows . Indicted for feloniously deserting the Service of the King, after he had recieved Pay . It appeared, that the Prisoner, after he had wore the King's Cloaths and received Pay, value 3 s. 6 d. ran from his Captain and Service. The Prisoner pretended he only went to see his Friends, and there fell Sick. He was brought in Guilty .

[Death. See summary.]

Mary Perry , of the Parish of St. Dunstans in the West , Indicted for stealing 25 s. in Money from Robert Westcock , September the 12th . It was positively proved, the Prisoner upon her Apprehension confessed the Money, and was thereupon brought in guilty to the value of 10 d.

William Fisher , and Mary Fisher , of the Parish of St. Botolph Bishopsgate , Indicted for stealing from Robert Hancock , October the 2d . four serge Curtains, value 25 s. two Draper Napkins, value 10 s. with divers other Goods to a considerable value . It was proved that the Prisoner taking a Lodging at Hancocks House, lay there two Nights, and went off; when mising the aforesaid Goods, mistrusting their Lodgers, making enquiry for the Goods; they was found at a Pawn-Brokers which were own'd by Hancock, and it was proved Fisher's Wife had Pawn'd of the Goods; upon which Account, Apprehending them both, they Impeached each other: upon which they were brought in, William Fisher not Guilty , Mary Fisher Guilty .

[Death -respited for pregnancy. See summary.]

Hopeful Hore , of the Parish of Saint Mary Wood , Indicted August the 27th . for Trayterously and Feloniously Clipping a 1000 pieces of Silver, value 1 s. per piece with divers other pieces of Silver, as Half-Crowns and Six pieces, all of the King's Coin . It appeared upon the Tryal, that Hore had delivered out many sums of Moneys, allowing 1 s. 6 d. in every Pound for putting it Off; and that, or the most part of the Moneys appeared to be very newly Clip'd. The Prisoner in his Defence brought divers Neighbours of very considerable Credit, to prove his Reputation and Honesty: He was thereupon brought in not Guilty .

Richard Jones , of the Parish of St. James Westminster , Indicted for Breaking the House of one George Gill August the 7th . and Stealing thence a silk Peticoat, was 40 s. a pair of Sheets, value 10 s. a Gown value 20 s. with Gold Ring and divers other Goods, to a very considerable value . It appeared that the Prisoner Jones brought the to sell it, and was thereupon Stop'd, and carried before Person who had lost the Ring, which appeared to be Ring of one Judith Tomson , a Lodger in the House Golder, which being proved, and Jones giving a very account of his Reputation, was forth with brought in

[Death. See summary.]

Richard Lawrence , of the Parish of St. Martin in the Fields , Indicted for stealing, October the 4th , from Cha Porter , Esq ; a Lac'd Cornet, value 3 l. It was proved Prisoner confessed the Fact; and making no Defence brought in guilty to the value of 10 d.

[Whipping. See summary.]

Thomas Baxter , of the Parish of St. Mary- le-bone Indicted for stealing, October the 13th . two Black Cows value 3 l. from John Lee , with one more, value 1 l. from one Gilman : The Cows were taken on the and giving but a slender account of himself, was in Guilty .

[Branding. See summary.]

Ann Davis , of the Parish of Saint Martins in the Fields Indicted September the 2d . for Stealing value 3 s. a piece of Broad Gold, value 23 s. 6 d. divers other Goods, from Elizabeth Tomlinson , considerable value, with 7 l. in Moneys : The Goods confessed by the Prisoner, who directed, Elizabeth Tomlinson to a Pawn Broker where the Goods were Goods being delivered by the Pawn-Broker and the Prisoner being carried before a Justice Peace, Confessed them, and was found Guilty .

[Death -respited for pregnancy. See summary.]

Mary Brite , of the Parish of St. Dunstans in the Indicted for stealing a Watch, value 45 s. and Moneys , September the 2d . from Arnold Stretch appeared on the Tryal no Witnesses came in against Prisoner but he that lost it, who only said Brite House with him, but not near him; she was found not Guilty .

Katharine Brown , in the Parish of Twitnam , indicted Octob. 4 for that being delivered of a Bastard Child, on the same day carrying the said Child to a Brook, put it therein, choaking and drowning it with Water . It was proved the Prisoner confess'd the Child was hers and that she was delivered thereof in a Meadow; but it was born dead: she said that she delivered the Child to a Neighbour, and what became of it she knew not; but being no ways credited, she was brought in Guilty .

[Death. See summary.]

William Alberry , of the Parish of St. Mary White-Chappel , indicted Septemb. 2 . for assaulting Will. Hamman with the Skull of a Boat value 1 s. striking him on the Head; on which Wound the said Hamman died . On the Tryal it was evident, that the deceased Hamman being in a Boat, and endeavouring to come a shore, Alberry being in his way, and not making room so soon as he required, he the said Hamman struck the Prisoner with his Cane, and pursuing him with many Blows Alberry at length gave him the unfortunate Blow in his Defence. He was found guilty of Man slaughter .

[Branding. See summary.]

Henry Haslewood , Henry Suckden , and James Vauhun , indicted, for that they Sept. 5 in the Parish of St. Giles in the Fields , assaulted the Body of James Mackmeth with a Rapier value 3 s. pushing him on the right Pap giving him a mortal Wound, on which the said Mackmeth died . It appeared on the Tryal, that a Quarrel arising betwixt Haslewood and Mackmeth, going both into the Field and fighting, having before exchang'd their Swords, the aforesaid Mackmeth receiving a Wound, died. The Prisoner's Defence was that Mackmeth was very importunate upon him to walk into the Fields, where when he came, Mackmeth forced him to draw, of whom he was first wounded. Haslewood was found guilty of Man slaughter , the other two acquitted .

[Branding. See summary.]

Mary Collwood , of the Parish of St. Martins in the Fields , indicted for stealing, Sept. 24 . two pieces of Gold value 48 s. one piece of Gold value 10 s. with 3 l. in Moneys, and other Goods , from Agnes Hilliard . It was proved on the Tryal, that the Prisoner confess'd the Fact, that she had the Goods, and gave a share thereof to one Downen; and farther it appearing that she had been an old Offender, she was brought in guilty .

[Death -respited for pregnancy. See summary.]

Isaac Vevion , of the Parish of St. Mary White-Chappel , Indicted, for that he, Octob. the first , assaulted the Body of John Hickes with a Scimiter value 5 s. running him into the Hip; of which Wound the said Hickes died . The Evidence for the King deposed, that the Quarrel at first was occasioned between the Prisoner and one Cook, which Cook the said Prisoner drew upon, making at him divers Blows, Cook returning them with his Cane. Hickes coming in at the instant, enquiring the occasion, the Prisoner alighting from his Horse, made a Pass, and run Hickes into the Hip; of which Wound in a quarter of an Hour he died. The Prisoners Defence in his behalf was, That Mr. Cook made many Blows at the Prisoner before he returned any Blows, and at length drew his Scimiter in his own defence, crying, What, will you knock me from my Horse? When presently divers coming in with drawn Swords, as they were together Hickes was seen to drop of the aforesaid Wound. Two Chirurgeons probing the Wound, gave their Judgments, that the Wound was given by the Prisoner's Scimiter, being exactly of the Dimention of the said Scimiter; but a third Chirurgeon likewise probing the Wound, gave his Judgment the Wound was given by a Rapier, it being triangular, and that he saw a Rapier bloody which was found by the Wounded Hickes; which two more were of Opinion the Wound was given by a Rapier, as appear'd by an Impression made through the Breeches which the wounded Hickes then wore; but an honourable Gentleman, a Justice of Peace (who with other Justices had took the Examination of the Chirurgeon who gave his Judgment, the Wound was given by the Rapier) deposed, That the said Chirurgeon before him said, he did verily believe the Wound was given by the Scimiter. The Prisoner brought divers to attest his Reputation and civil Demeanour; and was thereupon brought in not Guilty .

Matthew Morgan , of the Parish of St. Martins in the Fields indicted for breaking up the House of Elizabeth Bell , Sept. 18th . and stealing thence 7 s. in Moneys . It appeared that the Prisoner coming into the House of Elizabeth Bell , she keeping a Publick House , taking his Opportunity when she was gone out, broke open her Closet-door, carrying away her Goods; and that coming another time with the like design she took him in the Fact. He the Prisoner having little or no Defence, was brought in Guilty .

[Death. See summary.]

Ell. Palmer , Susan Callmady , of the Parish of St. Andrews Holborn , Sept. 28 . indicted for stealing a Crape Gown value 12 s. three holland Smocks value 20 s. three Night-Rails with divers other Goods , from Mary Hayes . All that was proved against the Prisoners were, that Hayes going out of the House left the Key thereof with the Prisoners, but returning missed her Goods; upon which mistrusting the Prisoners she apprehended them Susan Callmady proved her Reputation but the other only denied the Fact; they were brought in not Guilty .

Nath. Green , of the Parish of Saint James Clerkenwell indicted for that he, July the 8th . assaulted with a Rapier value one s. the Body of Edward Ford , giving him a mortal Wound on which the said Ford since died . The Evidence for the King deposed, that four of them having been drinking together, and returning home, they overtook the Prisoner with two Women; whom three of them passing by, the Prisoner Mr. Green offered not the least Incivility to either of them; but a fourth person one of their Companions, staying a little behind, of a sudden a noise being heard, the three returning back found Ford on the Ground and the Prisoner hacking of him with his Sword, he the said Ford having a staff like a Broom-stick by him. Mr. Green's Defence was. That walking in the Field, the aforesaid person over taking him, offered him very many Abuses, giving him very foul Language: one of his Witnesses deposed, that the four aforementioned Persons first gave him ill Language, he desiring them to be civil, and forbear such Abuses; but they thereupon fell foul on him, striking him with great sticks, he defending himself; upon which the two Women that were with him ran away to call help, whereupon two Men immediately coming in, found three of the said persons upon Mr. Green, he lying under them: Mr. Green farther produced Persons of Honour who spake very highly of his Reputation and civil Demeanour; whereupon he was brought in guilty of Man-slaughter .

[Branding. See summary.]

James Hayl , of the Parish of Staines indicted for stealing, on August the first , 300 Nails value 3 s. with 1000 other Nails , from Katharine Turner . The Prisoner confess'd the Fact, that he had her Goods to the value of 6 s. In his Defence, he said he was entrusted to sell the Nails, which he did, but spent the Money. He was brought in not Guilty .

Matthew Shelswel of the Parish of Alhallows Barkin , indicted Sept. 15 . for assaulting, with an Hand spike, Stephen Cooper , beating, striking and kicking him so that on the 26. of the said Month he died . The Evidence against the Prisoner, which were some four or five, all attested as Cooper before his Death declared, That Shelswel had abused him so far as he had given occasion for his Death: which not satisfying the Court, he was forth with brought in not Guilty .

Timothy Carrell , of the Parish of St. Pauls Covent-Garden , Indicted August the 30th . for stealing a Bible, value 4 s. a Prayer Book, value 1 s. Herberts History of Henry the 8th. value 8 s. two Greek Testaments, value 1 s. 6 d. another Book, value 18 s. with divers other Books , from one Mr. Southward . The Books were offered to Sale, and so the Prisoner was Apprehended, who could make little Defence, but that he had the Books of a Country Woman; which bearing little Credit, he was brought in guilty to the value of 10 d.

[Whipping. See summary.]

Robert Nichols , Tho. Ruller , and Tho. Crompton , of the Parish of St. Bartholomews , indicted for assaulting, Aug. 30 . the Body of Edward Herring , with a Sword, price 2 s. giving him a mortal Wound on which the said Herring died . It appeared on the Tryal, that a certain Man being arrested, the Prisoners, with some more Souldier s, endeavouring to rescue the Man arrested, and the deceased Herring, with the Bayliffs, making resistance, Herring by Robert Nichols received a Cut of his Head, of which Wound, some short time after; he died. The Prisoner Nichols pretended he did not drawhis Sword himself, but the Scabbard was drew from his Sword by another: upon which, Nichols and Crompton were found guilty , Ruller not guilty .

[Death. See summary.]

Joan Cook , of the Parish of S. Sepulchres , indicted for stealing, on August the 5th , Hoods, Scarfs, and other Goods to a considerable value , from Anne Goffe . It appeared that the Prisoner hiring Goffe for her Servant , pretending she should go as far as Putney, and ordered her to carry her Cloths along with her; but pretending Business, she orders her Maid another way, taking her Cloaths, pretending to meet her, and so run away with her Cloaths, which appearing to be only a Cheat she was brought in not Guilty .

Hue Branford , in the Parish of St. Leonard Shoreditch , Indicted September the 29th , for stealing a Cloth Coat to the value of Twenty Shillings, one Caster Hat to the value of Ten Shillings with divers other things to a considerable value , of the Goods of one Thomas Evans . The Evidence for the King proved, that the Prisoner, Hue Branford , confess'd the Fact before one of his Majesties Justices of the Peace, that he had the Goods: all which being testified by divers Witnesses, and the Prisoner giving very little Account of his Reputation, and only circumstantially defending himself, he was at length brought in guilty to the value of ten d.

[Whipping. See summary.]

James Moran , with Mary his Wife , and Francis , Son to the said James Moran , all of the Parish of St. James within the Liberties of Westminster , indicted for stealing twenty pieces of old Gold, called Guinea's, to the value of one l. one s. and 6 d. per Guinea, in all amounting to the value of twenty one l. ten s. of the Goods of one Mary le Fever , a French Woman. All the Witness that appeared against the Prisoners were very slender, and that appearing to be patched up only with Circumstances, they giving a very good Account of their Reputations, Lives, and Conversations, were all of them brought in not Guilty .

William Hously , and Frances Hously , of the Parish of St. Mary White Chappel , indicted Sept. 28 , for stealing 36 Yards of Callico value fifteen s. of the Goods of Richard Loe : upon a second Indictment indicted for stealing 44 Yards of Cloth of the Goods of Richard Langstaff : likewise upon a third Indictment, for stealing three pair of Sheets value 20 s. of the Goods of one John Robinson . On the Tryals it appearing that the parcels of Goods were severally found in the Custody of the Prisoners Will and Frances Hously : but the Prisoners made it evident, that in and through their means the Person that stole the Goods and brought them to their House, was apprehended; whereupon the Court were to gracious as to defer the residue of the Tryals to the next Sessions, where, it's believed, the Thief will be produced.

Elizabeth Arun , of the Parish of St. Mary White Chappel , indicted for stealing 4 l. in Moneys numbered of the Goods of Robert Liver , but no one appearing against her on her Tryal, she was brought in not guilty, and forthwith acquitted .

Anne Downing , of the Parish of St. Martins in the Fields , indicted Septem. 4th . as accessary with Mary Collwood in stealing two pieces of Gold value 48 s. one piece of Gold value ten s. with 3 l. in Moneys, and other Goods , from Agnes Hilliard , but the major part of the Evidence appearing against the Prisoner being grounded upon supposition, (upon which account being look'd upon as impertinent) she was thereupon brought in not guilty .

The Tryals being over, the Court proceeded to give Judgment, as followeth:

Eleven Ordered to be burnt in the Hand, viz.

John James , Philip Maynards , Richard Gill , John D - , Thomas Turner , William Robinson , George Cammel , William Alberry , Henry Haslewood, Thomas Baxter , Nathaniel Green.

Three to be Transported, viz.

Edward Hawly , Edward Lawson , Richard Coy .

Seven to be Whipt, viz.

Rachel Lawrence , Nicholas Leonard , William Heat, William Cole , Timothy Carrel , Walter Hunt, Hue Branford .

One to be Impillored, viz.

One Peveril.

Thirteen received Sentence of Death, viz.

Samuel Presby , Richard Hooker , Edward Linsy, H - T - , Robert Nichols , Thomas Crompton, Mary Fisher , Thomas Gardner , Richard Jones , Katharine Brown, Matthew Morgan , Mary Collwood, Anne Davis .

Three of which Women pretended to be with Child, viz.

Mary Fisher , Mary Collwood , and Anne Davis.

Upon which a Jury of Women being panneled, and searching the Truth thereof, the brought in their Verdicts that all three quick with Child; whereupon they were ordered to be kept in Goal till they were delivered