Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 25 October 2014), June 1692 (16920629).

Old Bailey Proceedings, 29th June 1692.

THE PROCEEDINGS ON THE King and Queens 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-Baily, the 29th, and 30th days of June, and 1st of July, 1692. And in the Fourth Year of Their MAJESTIES Reign.

AT the Sessions Held at Justice-Hall in the Old-Baily, on Wednesday, Thursday and Friday, being the 29th and 30th days of June, and 1st of July, 1692. before the Right Honorable Sir Thomas Stamp , Knt. Lord Mayor of the City of London, and Mr. Sarjeant Lovewell Recorder of the said City; Together with other of Their Majesties Justices of the City of London and County of Middlesex.

The Jurors were as follows,

London Jury.

James Lapley .

John Cutlove .

Henry Bullock .

Zach. Burrowes .

Robert Fleetwood .

Thomas Cows .

Peter Hynks .

Henry Sherwin .

William Wells .

John Bennet .

Richard Hudson .

William Hunt .

Middlesex Jury.

William Dynn .

Richard Fisher .

John Howlet .

William Thompson .

John Vigure .

James Ferne .

Richard Fitz-Gerald .

Ralph Hutchinson .

Joseph Blisset .

Thomas Rammidge .

Nicholas Rufford .

Humphrey Bradshaw .

The Tryals of the Prisoners were as follows.

EDward Kallaway , a Boy of the Parish of Little-All-hallows , was Indicted and Tryed for Stealing Eight pair of Mens Wosted Stockings, (on the 28th of May last past,) value 25 s. the Goods of Frances Crompton , Widow , who swore that the Stockings were put to be Colour'd at a Dye-house, where the Prisoner stole them, and the Goods were found in his Breeches; The Prisoner could say nothing, but that he found them at the Dye-house Door in Thames street, and that he belonged to the Blew Coat-Hospital , he was not able to vindicate himself; So he was found Guilty of Felony.

[Transportation. See summary.]

James Lerow, alias Leroch , and Joseph Drouster , were both Arraigned for Robbing Ralph Sympson , a Booksellor in St. Paul's Church-yard of six Shillings , on the 18th of June , Lerow pleaded Guilty , but Drouster put himself upon his Tryal; and said that he was in company with Lerow, but nothing was found upon him; but the Witnesses for the King swore that they came to bespeak a Book at Mr. Sympson's Shop, and after they had been there three times, the said Mr. Sympson having lost Money before and suspected them to be the Thieves, markt the Money, which lay in a Till, and hiding himself in a private place in the Shop, saw Larow take the Money out of the Till, and stopping him, found it upon him, and Drouster was seen to aid and assist Larow in the Felony; so he was found guilty of Felony.

[Branding. See summary.]

Ann Hazlewood was Tryed for Robbing one Solomon Young of the Parish of Shadwell , of a Silver Candle-Cup, val. 50 s. three Gold Rings, val. 3 l. 7 s. another Ring, value 50 s. a Silver Ring, value 18 d. and 27 s. in Money , on the 20th of April last: The Goods were lockt up in a Cup-board, and the Prisoner being a Nurse-keeper in Young's House, took away the Goods and Money, some of which were found about her, and her Confession was read in Court, as a further Evidence against her; the Prisoner deny'd it at the Tryal, and said that she had the Goods of the Woman, to whom she was a Nurse keeper, but could not prove it, so she was found Guilty .

[Branding. See summary.]

Mary Griffeth was Tryed for stealing from Ralph Dobson of Islington , on the 23d. of May last, an Iron Key, value 2 d. and 10 l. in Moneys numbred , Mr. Dobson's Son said, That the Prisoner was a Servant to his Father, and whilst the Family was abroad, she took the Key out of his Breeches and unlockt a Trunk and took the money out, and was going away with it, but was happily stopt by the Neighbors, and the money found in her Hair, the Prisoner denied that it was in her Hair, but could not deny the Fact, being so possitive against her; So she was found guilty .

[Branding. See summary.]

Susan Clarke was Indicted for Robbing Benj. Burton of 16 s. in Money , in the Parish of White-Chappel , on the 20th of May last; The Prisoner was Servant to Mr. Burton, and took away the Money out of a Drawer where lay a bigger Sum, which she confest before the Justice of Peace, but she denied it at her Tryal; She was found guilty of Felony.

[Branding. See summary.]

Dorothy Wright was Tryed for Felony in Robbing Edward Horsewell of St. Giles in the Fields , of 38 s. in Money, on the 24th of May last, the Prisoner was a Servant to Mrs. Horsewell, and in her Mrs. absence she found the Key of the Drawer where the Money was and unlock'd it, and took it away, 14 s. of which Money was found in her Custody, all which she confest before Justice Higdon; but upon her Tryal, she alledged, that she only took part of the Money,which she gave another Woman to lay out for her at Market; which Woman was since run away, which did not avail her, so she was found guilty of Felony.

[Branding. See summary.]

Elisabeth Lee was Tryed for Robbing one John Veale in the King's High-way, a Child about the Age of five Years, in Stepney Parish , on the 13th of May of a Rasey Stuff Coat, value 5 s. The Child happening to straggle abroad alone into the Fields, the Prisoner met him, and stript him; and one who went to seek the Child, met the Prisoner, and saw the Child's Coat under her Apron, which she knew very well; The Fact was plainly proved, so she was found Guilty .

[Transportation. See summary.]

Ruth Herne was Tryed for Felony and Burglary, in breaking the House of one John Haverlin of Stepney Parish . on the 25th of this Instant June , and taking away a Looking-glass, value 4 s. two ounces of Raw Silk, value 12 d. The Pane of a Window was taken out, and the Casement opened, where the Prisoner got in, and took away the Goods, which she owned before the Justice of Peace, but upon her Tryal she said the Pane was broke before, and that she put in her hand and opened the Casement, and took away the Goods; but it being done in the day time, she was acquitted of the Burglary, but found guilty of the Felony .

Ruth Herne was a second time Indicted for Breaking the House of one Thomas Birgin , near Lime-House Bridge , on the 24th of June , Instant, about the Hours of two or three of the Clock in the Morning, and Stealing away two Silk Hoods, two pair of Stockings, two Pinners, some Lac'd Caps and Coives, a Pewter Tankard, and several other Goods of indifferent value , which she encompassed by breaking a Pane of Glass, and puting her Hand in at the Window, and taking the Key, she opened the Door, and went in and committed the Robbery, which she confest, when apprehended; and it did not appear that she did it in the Night time, so she was acquitted of the Burglary, but found guilty of the Felony .

[Branding. See summary.]

John Algood of the Parish of St. Mary Le Bone , was Indicted for Stealing a Dun Gelding, value 10 l. and a Gray Gelding, value 20 l. on the 24th. Instant, the Goods of John Langston Esq ; The Horses were brought on a Saturday Night to the Flying-horse in Goodman's-Fields, by two unknown Persons, who desired that the Horses might be taken care of, and they would send the next Morning, which they did by the hand of the Prisoner, who said, that he was sent by one Pilkington and Whitney to the Livery-Stable to see the Horses feed, but he did not know them to be Thieves: The Contents of his Confession was read in Court, which said that he was sent for by the said Pilkington to a Drinking-house near St. Clements Church, who desired him to go to the Flying-horse to look after the Horses; and that he did suspect Pilkington to be a Highway-Man, for that he had often sent him to one Goodman a Criminal in Newgate: The Prisoner further added, that he knew nothing of the Horses being Stolen; and it could not be fully fix'd upon him, so he was acquitted of the first Indictment.

P - J - and John Burton , were both Indicted for Stealing two Ounces of Silver, value 11 s. from one Thomas Woolly of the Parish of St. Sepulchres , on the Ninth of May last. Mr. Woolly Swore that the Silver was taken out of a Chest of Drawers; but the chief Evidence was one Ben. Strutton his Servant, who was suspected to be scar'd away by the Prisoners, and could not be found; so the Evidence was a little short against them, by which they had the good hap to be Discharged of the Indictment.

John Algood was a second time Indicted, for Stealing from one Thomas Harris a Bay Gelding price 15 l. on the 4th. of June . Mr. Harris lost his Horse in Maidenhead Thicket ; taken away by three Highway-Men; who had all Vizards on, but he could not say the Prisoner was either of them; but he found his Horse in the Stable at the Flying-horse, where Squire Langston's two Horses were. There was other sufficient Evidence, who gave account, that since he had been in Newgate, he owned that one Holland and Reynolds and himself committed the Robbery in Maidenhead-Thicket, and he did not deny it in Court; so he was found guilty of Felony.

[Death. See summary.]

Richard Johnson of the Parish of Stepney , was Indicted for Breaking open the House of Robert Bell Gent. with an intention to steal his Goods, on the 22d. day of May last, about Twelve or one a Clock in the Night : The Servants hearing a Noise, arose, and heard a Gun go off, and immediately after the Window was found Broken open, but nothing stole away, but there was a Tinder-Box and a Knife left behind by those that entred the House; and the Watch having stopp'd the Prisoner in his going away, found a Chisel, a piece of Candle, and a Gimblet, and other suspicious Implements about him, and the Prisoner being Refractory, the Watch-men were as careful to Apprehend him; in the midst of which Scuffle one of the Watch-men was shot in the Thigh, but none could charge the Prisoner with the Fact, there being others concern'd with him, who ran away. The Prisoner alledged on his part, that he had been to Visit one Mr. Sherwood at Wapping, and that he came accidentally that way; and that he staid there till one a Clock, which was above a Mile-off Mr. Bell, which he called one Witness to testifle: But then on the King's side it was proved further, that he used means to get himself made an Evidence against others who were with him; and that when he was first taken hold on, he called to his Fellows to Shoot, and told the Constable that he was a Shoe-maker, whereas in reality he was a Joyner ; all which was fully proved, and that he fled amongst the rest before the Watch-men: So upon the whole matter he was found guilty both of Felony and Burglary.

[Death. See summary.]

Michael Hall , Walter Stephens , and Richard Starr , were all Indicted for Felony and Burglary, committed in the House of one Mr. William Monke in Grub-street , on the Twenty-fith of May last: The Goods lost were one Hood and Scarf, and a Head-dress, and one Watch, value 40 s. seven Silver Tankards, value 42 l. two Guineas, two broad pieces, and 50 l. in Money; The Prosecutor swore that his House was broke open, and the Goods lost, but he could not charge either of the Prisoners for want of one Kiffen, who is lately absconded, so they were all acquitted , but not without great Suspicion of being the Persons that Robb'd Monk's House.

James White was Tryed for Stealing a Silver Tankard, value 5 l. from Thomas Ambrose , on the 13th day of May last, the Evidence was, that he came to drink at the House, and whilst the People of the House were out of the way, he went out at the Door with the Tankard; but being stopt, it was found about him; The Prisoner pleaded that he never had done any one wrong in his life, and that he did not design to carry away the Tankard, yet was found guilty of Felony.

[Branding. See summary.]

Katherine Davis was Tryed for Robbing one John Blechington of eight Guineas and 3 l. 8 s. 6 d. in Money on the 15th of May : Mrs. Blechington swore that the Prisoner came to be a Servant to her on the Friday, and on the Sunday following she went away with the Money, which was very positively sworn, so he was found Guilty .

[Branding. See summary.]

Elisabeth Moor was Tryed for Stealing a Watch with a silver Case, value 7 l. from Richard Baker of St. Miles Cornhil , of the 4th Instant the Prisoner and another Woman came to Mr. Baker's Shop to get a Watch mended, and the Prisoner was seen to take the Watch out of the Window where it hung , and was endeavouring to get away with it, but was stopt, the Prisoner said that she never medled with the Watch, and the other Woman was fled, and that she had no intent to steal, there was but one Evidence against her, so the Court was pleased to acquit her.

John Manowry was Indicted and Tryed, for that he together with one Daniel Jones , not taken, did break the House of one Mr. Tewder in Goodmans Fields , on the 3d of March last, the House was broke open about Three of the Clock in the Morning, the Persons came in and gave threatning Language to Mr. Tewder and his Family, and put them in fear of their Lives, and broke the Closets and Chests open and carried away two Silver Tankards, value 7 l. 10 s. a Silver Bowl, value 3 l. a silver Salt, value 40 s. Nine Spoons, value 4 l. 10 s. a Silver Ladle, value 40 s. a Watch, value 5 l. 240 pieces of broad Gold, value 284 l. 180 Guneas, value 190 l. 10 s. and fourscore Pounds in Money ; The Evidence was only Mr. Tewder, who said that his Lodgings were broke open, but he did not know that the Prisoner was either of the Persons that Robb'd him; The Prisoner denied the Fact, and called some Evidence, who gave account that he was at another place whilst the Robbery was done; so the Prisoner was acquitted .

Hannah Done as Principal, and Maudlin Brown as Accessory, were both Tryed for Stealing an Amber-Necklace, value 12 s. on the 4th. of April last, from one Jane Stenton : The Witness for the King said, that the Necklace was found in the Custody of Brown, and Brown said she had it of Deane; but no Evidence could charge Brown home in the matter; so they were both Acquitted .

Ann Wilkinson was Tryed for Stealing three Gold Rings, value 1 l. two pair of Flaxen Sheets, value 1 l. the Goods of Richard Willet of Islington , and two Yards of Callico, value 2 s. a Callico Handkerchief, value 2 s. the Goods of one Ann Raybould : The Prisoner was a Servant to Mrs. Willet, and whilst she was abroad, the Maid took the Goods away, about the beginning of March last, which she confest before Mr. Justice Harriot when taken, and that she had given them to a Cheese-cake Woman, who lived in a place called Small beer-Ally: She had little to say, and denied the Fact, so she was Acquitted .

Nicholas Legg was Tryed for stealing a Silver Tankard, value 5 l. from George Cobbin in St. Martins in the Fields , on the 24th. of June last. The Prisoner and another came to Cobbin's House to Drink. and the Tankard was missing when they were gone, and it was found upon the Prisoner as he was going along the Street: The Prisoner denied the Fact, but yet he not proving that he came honestly by the Tankard, he was found Guilty .

[Branding. See summary.]

Mary Mullinax and Sarah Burrows were both Tryed for Robbing the Shop of Mr. Lehitabel Smith a Linnen Draper , in the Parish of St. Butolph without Aldgate , on the 27th. of June of 20 Yards of Muslin Cloth, value 2 l. 10 s. The Prisoners came to the Prosecutor's Shop to Cheapen some Goods, and when the opportunity offer'd, they used their Art of Legerdemain and went away; but being Pursued, the Goods were found upon Burrows, wrapt up in a Hood: the Prisoners denied the Fact, but they were known to have been old Shop-lifters; so they were both found Guilty of Felony.

[Branding. See summary.]

William Smith was Arraigned upon an Indictment of Felony, for that he did Rob one Giles Peel , on the 9th. Instant of 13 s. 6 d. in Money ; to which he pleaded Guilty .

[Branding. See summary.]

Elizabeth Fisher was Indicted for stealing two Alamode Hoods, value 16 s. a Scarf, value 1 l. and divers other small Goods ; to which she pleaded Guilty .

[Branding. See summary.]

Samuel Hurley was Tryed for breaking the House of Thomas Spencer of Stepney , on the 14th of May last, and Stealing several Goods, viz. seven Silver Watches, value 20 l. sixteen Silver Snuff-dishes, some Table-Linen, &c. The Evidence swore that the Prisoner was one of the Persons that came into the House with their Rapiers drawn, and bound the Family, about one or two of the Clock in the Morning, and after that took away the Goods, the Prisoner said that the Witness that swore against him did not positively swear that he was one of the Men that was in the House, but a Constable who took him, swore that he would have fled for it, and he could not prove where he was when the Robbery was committed, so he was found guilty of Felony and Burglary.

Samuel Hurley was a second time Indicted for a Burglary, committed in the House of John Benson , on the 11th of April last, taking away a Gold-Ring, value 10 s. a Silver-Ring, value 6 d. two Guineas and 11 l. 10 s. in Money : The Evidence was very positive against him as to matter of Fact, and the Prisoner could not invalidate it: So he was found guilty of Felony and Burglary.

[Death. See summary.]

Jonathan Taylor was Tryed for Robbing one William Sanders in the King's High-ways , on the 17th of February last; The Prisoner met him upon Hownslow-heath , and stopt him, and taking him out of the Road, he bound his Hands, and took away a Gelding price 5 l. a Cloth-Coat, a Paper-book, a Bridle and Saddle: There was no Evidence against the Prisoner, but only Sanders, and he did not swear positively to his Person, only he said he believ'd him to be the same Man that robb'd him; So the Jury well weighing the Matter, the Prisoner was acquitted , besides the Prisoner had good Evidence on his side, who justified his Reputation.

Nath. Williams of the Parish of St. Giles in the Fields , Gent. was Indicted and Tryed for the Murther of one David Heard , Gent. giving him a mortal Wound (with a Rapier, value 5 s.) upon the Right Shoulder near the Right Arm-hole, of the breadth of two Inches, and the length of eight Inches, of which Wound he instantly died . The Murther was committed on the 17th of March last, in manner thus, The Person deceased was at the Horse-shoe Tavern in Drury-Lane, in company with some other Gentlemen, into whom came Mr. Williams, and the Prisoner and the Deceased happened to fall out concerning Fencing, (for they were both Fencing-Master s) and immediately upon the hot words, they call'd a Coach, and being come to the backside of Southampton-House in Bloomsbury , they Fought, and Heard was Kill'd; Other Evidence declared that the deceased had lately taken a Fencing-School, and it might occasion the Prisoner to be jealous, that he would get his Scholars from him, which was partly the occasion of the Quarrel: The Prisoner alledged that the Deceased challenged him to fight for a Wager,and urg'd him to it, and that he only stood on the defensive part, and that he had never any Malice against the Deceased: So he was only found guilty of Manslaughter .

[Branding. See summary.]

John Scot was Tryed for a Robbery on the Highway, committed on the 9th of Aug. in the Second Year of the Reign of King William and Queen Mary, upon one Anthony Barker , taking from him a Stone-Horse colour'd Grey, price 10 l. a Pistol value 10 s. a Saddle value 5 s. and 197 l. 12 s. and 3 half Pence in Money : The Prosecutor could not fully charge the Prisoner that he was the Person that Robb'd him, (upon Enfield Chase ) nor any one besides, but yet where was a Pistol found in the Custody of the Prisoner, which was owned to be the Prosecutors Pistol; The Prisoner said that the Pistol was brought to his House at Windmil-Hill by some Gentlemen that he did not know, who are not yet to be found, who lockt him and his Family up in a Stable, and took away their Horses out of the Stable, (one of their Names was Thomas, and another William) the Master and his Man; The Prisoner also paid 25 s. for a new Pistol that was made to fellow that which was brought to his House by the Serving-Man, which seemed a little improbable, that he should pay Money for one he did not know, the Prisoner call'd several of his Neighbors who gave a favourable account of his Reputation: So in the end he was Acquitted .

Ann Nash was Indicted for Breaking the House of Joseph Child of the Parish of St. Giles Cripple Gate without , on the 26th of June , instant, and carrying away four Pewter Pots, value 8 s. two Pewter-dishes, value 4 s. two Brass Candlesticks, two Plates, a Quarter of Lamb value 2 s. 6 d. and some other Goods, &c. The Prosecutor could not swear that the Door was lockt on the over night, but in the Morning the Door was open and the Goods were gone, which were found upon the Prisoner by the Watch in St. Johns street, immediately after the Robbery was done: So she was found guilty of Felony, but not of the Burglary .

[Branding. See summary.]

Anthony Alden was Tryed for speaking very scandalous Words in contempt of the Government, on the 9th of May last, the words were, That there was no King but King James only, and he would lay a Wager that King James would be in White-hall in less than three Months time, and if that Man, whom we call King William, did but know as much as he could declare, he would give him a Pension as long as he lived . The Prisoner said he was much in Drink, and knew not what he said, but owned withal that he was a Roman Catholick, all which charge against him, was fully proved; so he was found guilty of a Misdemeanour.

[Pillory. See summary.]

[Provide sureties for good behaviour. See summary.]

John Austin was Tryed for Robbing one Sarah Curnock in the High-way, of two Gold-Rings and 40 s. in Money , no Evidence appearing, he was Acquitted .

Timothy Caroll was Tryed upon two Indictments. the first for feloniously taking away from Reb. Scaret a Cloth-Coat with Silver-plate Buttons, value 8 l. The Second for a Trespass, in taking from her three Gold-Rings, value 3 l. as to the Rings, she said, that he came up into the Chamber, and took the Rings off her Finger, pretending Love to her, calling her his Dear, and after that he took a Mill'd half Crown out of her Pocket, and pretended to Marry her on the Morrow, and so not performing the Bargain she took him up for Robbing of her: The Prisoner said that she gave him the Rings freely off her self, without any force, and that she allow'd him to wear the Coat for three or four Hours together in her own House; The Taylor that made the Coat swore that he did it by her order, and that she paid him the Money for it, at her House in Liquor-Pond-street ; all this was very evidently made out, so that after a long Tryal, the Prisoner was acquitted of both Indictments.

Ruth Phillips of the Parish of St. Andrew Holbourn , was Tryed for Felony, in Clipping the Current Coin of this Kingdom ; there were several Instruments found in a Trunk in her House, as Files and Rubbing-stones, but no Sheers, but a pair of Weights and some Clipp'd Money were found. Another Evidence was one of the Prisoners Maids, who Swore that comming into the Kitchen, she saw the Prisoners Arm move up and down as if she Clipp'd Money or somewhat else like it; and that she saw both Broad Money and Clipp'd Money lie before her, but she could not say that she saw any Shears in her Hands, neither did she see her actually Clip: But another Witness Swore that she saw not only the Money, but a pair of Shears lie by her, and some Clippings, some of which were produced in Court, and a pair of Scales and Weights, and after she heard a snapping of Shears: There were other concurring Evidence in the matter, who swore plainly to the matter of Fact aforesaid, and the Bag of Clipp'd money was produced in Court, which was very rough, being newly Clipp'd.

The Prisoner urged that her Servants had been hired to convey such things into her House, and that she new not how the Bag of Clip'd money came there, (and that Nurse who was her Servant and had Sworn against her) had Robbed her of a Pillow-beer, a Frock, and a Set of Window Curtains, which the Prisoner owned to be hers: Another Evidence on the Prisoners side, swore that the Nurse declared that she must go out of Town and abscond her self, for that she had stolen some things from her Mistress, and she would Prosecute her for the same, therefore she feared her, &c. Some other Witness said that they had dealt with the Prisoner and took good money of her, and that they never knew any evil by her. The Prisoner still urged her Innocency, and declared that the Bag of mony which proved to be Clipp'd, was left at her House, by one Cha. Phillips who was gone into the Country, to whom she had sent a Letter, but could not hear of him, and could not prove any thing on her behalf to any purpose; so after a very long and fair Tryal, she was found guilty of High Treason.

[Death -respited for pregnancy. See summary.]

Elisabeth Williams was Tryed, for that she together with one Thomas Christian not taken, did break the House of one Thomas Marsh of Hampstead , on the 26th of June , and taking away a Brass Skimmer, value 18 d. several Pewter-dishes and Ladles, 14 l. weight of Beef, a Cloth Coat, and divers other Goods of good value : The House was broke open in the Night-time, and the Goods carried away by the Prisoner and Thomas Christian, which were found upon her, she denyed it at the Tryal, but that did not avail her: She was found guilty of Felony.

[Branding. See summary.]

William Blackford , Sarah Blackford his Wife , and Mary Mason their Servant , were all three Arraigned upon an Indictment of High-Treason, for Clipping, Filing, and diminushing the Current Coin of this Kingdom , on the 15th of June , in the Parish of St. Giles in the Fields , in the County of Middlesex. William Blackford confest the Indictment upon the Arraignment: The Evidence swore, that upon search of the House where Mr. Blackford lodged, Mr. Blackford was found in Bed with Shears, Clippings, and all necessary Instruments about him, upon which he cried out, O Lord, Gentlemen, I am a Dead Man, for I am taken in the very Act, and I alone am the only Person Guilty : And one of the Prisonerswas standing by the Beds side working some Needle-work, and the other let the Constable and his Assistants in at the Door, but none swore that either of the Women were actually concerned in the Fact. The Prisoner, Mr. Blackford, was sitting upright in his Bed with the Shears in his Hand-fastened to a Billet lying upon his Knees, with all other Implements about him, the Prisoners call'd some Evidence, who gave account that they were always Persons very Industrious and Diligent, and work'd hard for their Living; and their were none that saw the Women commit any Offence: So after a distinct Hearing, they were both Acquitted .

[Death. See summary.]

George Pitts of the Parish of St. Dunstans in the West , Gentleman , was Arraingned upon two Indictments for Killing John Hoyle , Gent. of the Temple in London, the first Indictment was laid for the Murther at Common Law, the second upon the Statute of Stabbing , but the Grand-Jury committing an Error, (which was by Endorsting Billa Vera on that Bill for Stabbing, when it was really agreed by all of them, that it should have been an Ignoramus, and Billa Vera, should have been upon the Bill at Common Law) this did occasion a great Controversie in Court; the Jury acknowledged that it was a great Mistake, committed by one of their Brethren, who did plead perticularly for himself, telling the Court that he was the only Person, that had the Misfortune to make that Error, which he was heartily sorry for, and hoped therefore that the Gentleman who was to be Tryed, would suffer no particular Damage, withal excusing the rest of his Brethren, upon this the Judges did differ somewhat in their Opinions, fearing that if it should be altred it might make a President for the future: So at last did agree to try the Prisoner upon both the Indictments, which set forth that on the 27th day of May last, about two of the Clock in the Night of the same day in the Parish aforesaid, the Prisoner in his Rage and Malice before-thought, In and upon the said John Hoyle, did make an Assault, and with a Sword value 5 s. upon the Left side of the Body of the said John Hoyle, did Strike, Stab and Thrust in the said John Hoyle, having no Weapon drawn, giving him one Mortal Wound of the breadth of one Inch, and of the depth of five Inches, of which the said John Hoyle then and there instantly died: The matter of Fact was thus. That the said Mr. Pitts and two or three more Gentlemen, being drinking at the Young Devil-Tavern in Fleet-street, Mr. Hoyle was sent for, who came, and after some time, Mr. Hoyle, without any Provocation, began to talk very scurrilously against the present Government, and spake very unbecoming words against the Person of King William, whereupon Mr. Pitts replied, That he was very hard to be pleased if this King would not please him who was now hazarding his Life for Us, and Mr. Hoyle continuing to rail against all Government, Mr. Pitts endeavoured to perswade Mr. Hoyle to lay by such discourse, but he would not, but gave the Prisoner, Mr. Pitts, very unworthy Language and provoking Words, calling him Coward, or to that effect, thereupon Mr. Hoyle and Mr. Pitts rising up, Mr. Clarke (one of the Gentlemen in the company) put himself between them, and desired Mr. Pitts to be pacified, then said Mr. Pitts (Mr. Clarke) pray take my Sword, for you know it is not fit for a Gentleman to hear this Language with a Sword by his side, then Mr. Hoyle went away, but after a little time he came back again, and forced himself into the company, and then gave the Lye to Mr. Pitts three times, when he said nothing to him, whereupon Mr. Pitts told him this is meer Madness, and took the Glass and said here's to you Mr. Hoyle, and drank to him; then Mr. Pitts paid for the Wine and went away, and Mr. Hoyle and the rest followed him, after this there were some Proposals made of a Place to Fight on the Morrow, and then they two going along the street together, (the other two Gentlemen going towards Temple-Barr) when they came over against the Temple-Gate , they fell foul upon each other, Mr. Hoyle first taking Mr. Pitts by the Crevate, tore it, and almost strangled him, then struck him over the Head with a Stick, upon which Mr. Pitts was forced to stand upon his Guard and drew his Sword, not knowing but the Deceased had drawn his; so at length Mr. Hoyle received the Wound aforesaid, which the Chirurgeon gave account was Mortal, then Mr. Pitts went off: It was fully proved that Mr. Hoyle first began, and was the occasion of all the Quarrel, and several Witnesses were called, who gave account that Mr. Hoyle, in his life-time, was a Person much addicted to quarrelling, &c. Whereas, on the contrary, Mr. Pitts called seven Peers, and several Persons of Quality, who satisfied the Court that Mr. Pitts had always been a Gentleman of a very obliging, peaceable, quiet and moderate Behaviour in all Company, no ways given to Passion or Revenge, and the Prisoner himself did very affectionately declare that he had no manner of Antipathy, against Mr. Hoyle, nor never but once before was in his company, and that what he did was in his own defence, for which great Misfortune he was heartily sorry, for he did not intend any such thing that happened: He produced the Gentlemen who were at the Tavern with him, and saw all that passed, who gave a fair account of the matter of Fact, as aforesaid, which was of great Satisfaction to the Court, how that Mr. Pitts was much abused, Mr. Hoyle calling Mr. Pitts, Poultroon, Rascally Coward, &c. telling him his Sword was Rusty, with such like aggravating Language, &c. The Tryal was very long, and great Care was taken on both sides; So the Gentlemen of the Jury having withdrew for a small time, and being returned, gave in their Verdict that Mr. Pitts was only Guilty of Manslaughter .

After which he petitioned the benefit of his Clergy, and desired his Prayer might be Recorded, which was done accordingly, and an Appeal for Murther was brought against him: He gave sufficient Bail to answer the same at the next Sessions, &c.

Elizabeth Landale was Tryed for stealing secretly from Henry Cowborne 10 s. in Money , on the 13th of June , he met her in the Strand going along the Street, and went to an Ale-house to drink, and whilst it was drawing she pickt his Pocket, upon which (missing his Mony) he apprehended her and brought her before a Justice, which was very plain, &c. Besides she confest it before the Justice, but upon her Tryal she pretended that the Prosecutor would have debauch'd her, and that she never medled with any of his Money, &c. So upon the whole she was found guilty to the value of 10 d.

[Whipping. See summary.]

James Hylton of St. Clement-Danes , Milliner , was Tryed for most Scandalous, Base and Cursed Words against Their present Majesties, viz. He was heard to pronounce these English Words. God Damn King William and Queen Mary, and God bless King James and Queen Mary, and God Damn all the Nation, and God bless my Self , which was plainly proved upon him: The Prisoner said he was much in Drink, yet he was found guilty of a Misdemeaner.

[Fine. See summary.]

[Provide sureties for good behaviour. See summary.]

Margaret James was Tryed 'for stealing 2 Cheeses from John Robbey , value 3 s. the Cheeses were found in her Custody not far from Mr. Robbey's Shop door, which was corroborated by other concurring Evidence who saw her (through a Hole made on purpose) take the Cheese off the Shelf, which she confest before the Justice: So she was found guilty to the value of 10 d.

[Whipping. See summary.]

Aaron Hush was Tryed for driving his Cart-wheel laden with Grains over the Head of one Jacob Bristow , a Child , on the 17th of May last, in the Parish of St. Giles Cripple-Gate, giving him several mortal Bruses, of which he their instantly died : The Evidence said the Cart was driving up White-Cross-street , and the Child being standing near the Wall, the off Wheel coming near it, the Child fell down under the Wheel, upon which the Prisoner hearing the Child Screek out, did endeavor all in him lay to stop his Horses, the Prisoner protested his Innocency, and was sorry for so sad an Accident: So he was acquitted of the Murther, and the Jury found that it was done by Misfortune; so he gave Bail to bring his Pardon in Course next Sessions .

Anne Belcher was Tryed for stealing a pair of Flaxen Sheets and some other small Goods from Margaret Lancaster , Widow , on the 14th of Feb. in the Second Year of Their Majesties Reign, the Prisoner was a Lodger in the House for one Night only, and in the Morning after she was gone, the Goods were missing, but none were found upon her: She was Acquitted .

John Valentine was Tryed for stealing from Thomas Venning of St. James Clarkenwell , on the 26th of June , a Petticoat value 2 s. a Blanket value 6 d. The Prisoner was met coming down Stairs by the Wife of Venning, but he threatning of her, she let him slip away, but being pursued and knockt down, the Goods were found in his Breeches, all which he could not deny: So he was found guilty of Felony.

[Whipping. See summary.]

Edward Coney was Tryed for a Misdemeanour, in that he being a Person of a turbulent and an unquiet Behaviour, and an Enemy to the Present Government, on the 28th. of November in the Third Year of their Majesties Reign, in the Presence of several of the Subjects of the present King and Queen, did assert, declare and say, That King James had an Army of 40000 Men in Arms in France, who intended to Land in England the following Summer; and that on the Second of January following, he did Drink to the Health and Prosperity of King James and the French King, and the Restoration of the Late King James: And at another time he drank a Health to King James his Queen, and the Royal Embrio; and at the same time as an addition to the rest of his Malice and Spleen, he exprest those words, That Hunch-Nose William was a Thief and a Robber, and deserved to be Hanged as much as a Common Thief, for he had Stolen Three Kingdoms. &c. And of our present Queen Mary he spake very irreverent words . All which base Language and virulent Expressions were fully proved upon him altho he pretended that he never was concerned with the Evidence that Swore against him; so after a distinct Heating, he was found guilty of the Indictment.

[Fine. See summary.]

[Provide sureties for good behaviour. See summary.]

Randolph Alanakre was Tryed for a Burglary together with Lancelot Hen-ly co ; but nothing could be proved against them, so they were Acquitted .

Hannah Mayle was Indicted for stealing from Margaret Young Widow , of White-Chappel Two Serge Mantua Gowns, value 17 s. a Baize Petticoat, a pair of Bodice, several Aprons, &c. Young said that she came to Lodge with her, and took the Goodsand Pawned them in East-Smithfield, which she confest before the Justice, but upon the Tryal she said the Prosecutor lent her the Goods, but that was but a feigned excuse; so she was found guilty to the value of 10 d.

[Whipping. See summary.]

Susan Humphreys was Indicted for stealing a Hempen Smock and other things from one Geo. Cooper ; but no Evidence coming against her she was Acquitted .

James Huik was Indicted for Breaking the House of Andrew Vaughan of the Parish of St. Andrew Holbourn, on the 14th. day of November , in the second year of their Majesties Reign, and taking away two silver Tankards, value 11 l. a Point Crevat, value 20 s. three Muslin Neckcloths, with other Goods of good value . Mr. Vaughan Swore that, the Prisoner being at Portsmouth a Soldier , he made his brags amongst his Fellows, that he had bit the Biter; being ask'd who that was, he replyed Andrew Vaughan the Baily upon Saffron-hill ; and that he had bit him of a Clank (meaning a Tankard) and other things, &c. and being Affrighted, he was forc'd to leave his Dubb in the Door, (meaning his Pick-lock Key) which was found in the Door accordingly, but the Evidence to prove the Indictment on Mr. Vaughan's behalf, appeared to be a Person of Ill Fame, therefore the Gentlemen of the Jury did not think fit to believe her Depositions; so he was Acquitted .

John Ward was Indicted for a Misdemeanour, for that he the 30th. of June , and divers other times did drink a Health to late King James , and to his Royal Consort Queen Mary, and also to the Prince of Wales. He confest the Indictment, and submitted himself to the Mercy of the Court; and having a Family of Children, besides being out of his place in the Excise Office, the Court was pleased to Commisserate him so far as to Fine him only 20 l.

Edward Francis the Black, who was Tryed some time since, and Fined ten Groats, was ordered to be Discharged paying his Fine.

One Cole being lately Apprehended for the Murther of Dr. Clench, was ordered to remain to answer the same next Sessions.

Edward Francis the Black, who was Tryed some time since, and Fined ten Groats, was ordered to be Discharged paying his Fine.

One John Hall a Notorious Highway-Man, was ordered to Remain; so was one Robert Adderton an old Offender.

One William Titcomb a Young Man, was Discharged, no proof coming against him for Marrying two Wives.

Daniel Brett and Giles Wilcox , Ministers, who were committed for High-Treason, were order'd to apply themselves to the Lord Chief Justice.

Robert Ingram , for coming into England out of France, without their Majesties Licence, was ordered to apply himself to the Right Honourable the Earl of Nottingham for Bail.

Sir Solomon Swaile committed upon suspicion of High-Treason, moved by his Counsel to be Discharged or admitted to Bail, was referred to the Lord Chief Justice of England.

Major Culliford Committed for High-Treason, was ordered to remain till further Orders.

Knevet Hastings and Edward Rigbey , having the usual Oaths of Fidelity to the present King and Queen tendred to them, refused it, and only submitted to the Test, made in the Reign of King Charles the First, concerning Transubstantiation, so they gave Bail for their good Behaviour till such time they shall take the Oaths aforesaid.

The Tryals being over, the Court gave Sentence as followeth:

Burnt in the Hand, 21.

James Lereen, Joseph Drowster, William Smith, James White, William Blathwait, (a former Convict) Katherine Davis, Nichalos Legg, Nath, Williams, Anne Hazlewood, Mary Griffeth, Susannah Clark, Dorothy Wright, Ruth Herne, Anne Wilkinson, Mary Mullinax, Sarah Burrowes, Anne Nash, Elisabeth Williams, Elisa. Fisher. Grace Dempsey and Anne Sympson, former Convicts.

Persons received Sentence of Death, 5.

John Algood, Richard Johnson, Samuel Hurley: Ruth Phillips, Condemned to be Burnt, but found Quick with Child, William Blackford.

To be Transported, 2.

Edward Kallaway and Elisabeth Lee.

To be Whipt, 4.

Margaret James, John Valentine, Elisabeth Landale, and Hannah Mayle.

Fined as followeth.

James Hicton fined 5 l. and ordered to find Sureties for his good Behavior.

William Coney fined 50 l. to find Sureties, and to stand committed till all be performed.

John Alden being Poor and Insufficient to pay a Fine, was ordered to be set in the Pillory on Thursday next at Charing-Cross; and after that to find good Sureties.

ADVERTISEMENT.

The Young Student's Library: Containing Extracts and Abridgments of the most Valuable Books Printed in England and in the Foreign Journals, from the Year 1665. to this time. Printed for John Dunton at the Raven in the Poultrey: Of whom is to be had the Entire Set of Athenian Gazettes and Supplements to 'em for the Year 1691. (or single Mercuries to this time.)

Infants Baptism from Heaven, of Divine Institution. Being a Brief yet Satisfactory Answer, to some Objections made by Hercules Collins, in his Book Entituled, Believers Baptism from Heaven; Infants Baptism from Earth, &c. against certain Truths proved in a Book Entituled, Baptism Anatomized. Propounded in Five Queries, by THO. WALL. Printed for William Miller, at the Gilded Acorn in St. Paul's Church yard; where Gentlemen and others may be furnished with Acts of Parliament, Speeches, and other sorts of Discourses and State-Matters; as also Books of Divinity, Church-Government, Humanity, Sermons on most Occasions, &c. MDCXCIL

THese are to give Notice to all Persons for the Benefit of the Publick, that W. Elmy Professor of Physick, and Operator of known Integrity, and above 25 Years Practice, Liveth at the Blew-Ball in Whale-bone-Court, at the lower end of Bartholomew-lane, by the Royal-Exchange, Who most safely and expeditiously Cures Deafness and Noise in the Ears, in any of what Age soever, (if Curable) and at first sight by inspection, resolves the Patient if so or not, as most Eminent Persons of Quality in the City can Testifie.

He hath likewise a Sovereign Head-Pill; which Infallibly Curecs all Pains in the Head, whether old or newly Contracted; speedily taking away all Swimmings and Giddiness, preventing the dangerous Consequence of Apoplectical Fits, preserves, the Sight, and takes away all Accidents oftending the Eyes; Strengthens the Memory, and disburrhens the Brain of all offensive Humours; thereby rendring the Understanding emore clear and Vigorous.

These Pills with Directions.

He hath likewise an expeditious way, in Curing all Pains in the Teeth without Drawing.

He hath likewise a most Excellent Gargarism or Mouth-water, which will make black or yellow Teeth as white as Ivory in few using; and it will certainly Cure the Scurvey, and all other Diseases incident to the Mouth, Teeth and Gums, with Directions.

LONDON, Printed by Richard Smith for George Croom, in Thames-street, near Baynara's Castle, 1692.