Martin .
24th February 1742
Reference Numbert17420224-24

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22. + Martin, alias Morgan Newland , of St. Clement-Danes , was indicted for unlawfully and feloniously procuring Tho Meredith , a Subject of our Lord the King, to serve the King of France, as a Soldier, (he being a foreign Prince) without the Consent of our Lord the King, under his Sign Manual first had and obtained, in Contempt of our said Lord the King and his Laws, &c. &c .

The Councel for the King having opened the Indictment, observ'd, that this Prosecution was grounded on a very salutary Law, which was made in the 9th Year of his present Majesty, in order to prevent the Strength of this Kingdom from being carried out of it into foreign Countries, &c. &c.

Thomas Meredith . I am a Welshman, and belong to the second Regiment of Guards, and I believe it was three Weeks ago when I first saw the Prisoner.

Counc. What Employment do you follow when you are not upon Duty?

Meredith. I used to work on the Keys between Billingsgate and the Tower.

Counc. Where did you see him first?

Meredith. Upon the Keys. His Countryman told me he carried Men abroad, upon which I went to him, and talk'd to him sometime. He told me he was then a Soldier in the Service of France, and if I would go with him, I should have 5 Pence Half-penny a Day, and 4 Loaves a Week, every one as big as a three-penny Loaf.

Counc. Was that all you were to do, barely to go along with him?

Meredith My Brother came to me in his Soldier's Cloaths, upon which the Prisoner seemed to be very much frighted to see him, but I bid him not be afraid, for he was my Brother. Then says he, we will go and drink a Mug of Beer: I told him, I had no Money; never mind that (said he) I have Money enough. We then went over the Bridge, to a public House on the other Side of the Water, by the Borough-Market, and had some Beer, He told us there, if we would go along with him, we must go that very Night, and by the next Night we should get to Dover, and with a fair Wind, we should be over in 3 or 4 Hours; after which, we had got about four and forty Miles to travel by Land.

Counc. To what Purpose where you to go those four and forty Miles?

Meredith. I was to go with him to meet his Regiment.

Counc. After this Conversation passed, what was done then?

Meredith. He told us, if we would go with him to his Quarters, he would give us a Dram; accordingly I went with him to his Quarters in Kent street, very near the Red-Cow, and there

we had 3 Quarterns of Gin, and some Bread and Cheese, and he told me, he had been to sell a Pound of Tea for 7 s. which cost him but 3 s. in France.

Jury. We desire he may be asked, whether he then had his Regimentals on?

Meredith. Only my Regimental Waistcoat: my Brother was in his Regimentals. He called us up Stairs, and talk'd to us a good while, and his Landlady came, and talk'd to us too, and told us, when we came to France, we should live like Gentlemen. After we had been there some Time, the Prisoner came along with us, in order to sell my Brother's Cloaths, but before he went away, his Landlady gave him some Money to buy a Breast of Mutton for us, and he desired her, as there were a great many Lodgers in the House, to send them to Bed before we came back. We went from thence into the Strand, and turned down to the Barracks before we went to the Public House, because my Brother wanted to ask the Serjeant what we must do with the Prisoner.

Counc. Where did you go to after that?

Meredith. We went to the Coal Hole, a public House just by the Savoy.

Counc. Who was there when you came to that House?

Meredith. There were 4 Welshmen of us in all, Joseph Griffith , Thomas Richards , and John Meredith . One of them Tom Richards, came along with me; I met him in the Street.

Counc. After you got to this Alehouse, what passed between you and the Prisoner then?

Meredith. We had three Pots of Beer, and then he and I went out of the Room, and I told him I had no Money to pay my Reckoning Upon that he said, here is 6 d. but it is upon the Account of your going with me, and you must make every Thing good when you get to France.

Counc. Was there any Body else present then?

Meredith. No, we went out together, and he told me, I should have 3 or 4 Guineas Advance when I came over.

Counc. You say, that when you went out together, you told him you had no Money, and that he then gave you 6 d. did he give it you to pay the Reckoning, or to go with him?

Meredith. I took it, and considered it as Money given to me to 'list to go with him, and he at that Time promised me 3 or 4 Guineas Advance when I came over.

Counc. Did he promise any Thing else?

Meredith. Yes, five Peace Halfpenny a Day, and 4 Loaves a Week, every one as big as a three penny Loaf. When I came in again, the other Welshman and I told him we would all go with him, and he then shewed us his Furloe. One of the Men pretended to read it, but could not, upon which the Prisoner attempted to snatch it out of his Hand, and tore out a Piece of it, and then we took him Prisoner.

Counc. See if that Paper is the same?

Meredith. Yes, this is the same, I wrote my Name on the Back of it when we were before the Justice.

Q. Recollect as near as you can, the very Words he said to you when he let you have the Six-pence.

Meredith. He said, here is 6 d. on the Account of going along with me, and (says he) after you go over, you must make every Thing good to me, and perhaps as soon as you are there, you shall have 3 or 4 Guineas Advance Money.

Counc. What was you to be when you went over?

Meredith. He told me I was to be a Soldier in the King of France's Service.

Q. Did he say you was to go to his Regiment?

Meredith. I can't tell what Regiment I was to be in. He told me he was then a Soldier in France.

Counc. Was you not to be in the same Regiment as he?

Meredith. I understood him.

John Meredith . I am Brother to the last Witness, and was watching for Work at the Custom-House Key, and saw the Prisoner and my Brother together. I heard them talking a little, and then my Brother told me, he was a Soldier belonging to the King of France, and he asked me to go along with him. I was then in my Regimentals, and I asked him how I could go with him in those Cloaths, for I should certainly be taken up. Then, says he, you must have coloured Cloaths, and we must sell them that you have on; and after this, we went down to the Savoy Barracks.

Counc. Did you hear the Prisoner say any Thing to your Brother?

Meredith. Yes, he ask'd him to enlist in the King of France's Service as a Soldier.

Counc. Did you go to the Borough with them?

Meredith. Yes, but I was going to the Savoy Barracks, and then the Prisoner said, we must have a Pot of Beer together. I told him I had

no Money; well then says he, I have so much Brass as that; and then we went over London-Bridge to a House in the Borough. He there told me it was better living there than here, for we should have 5 d. halfpenny a Day, and four Leaves a Week; said I, I have taken my Oath here to be true to this King, and I suppose I must take my Oath again when I go over. No, no, said he, there is nothing in it, you only kiss the Book. We then went with him to his Quarters in Kent street, and had some Gin, and he told us if we had a Mind to go with him we must go to Rag-Fair and sell our Cloaths.

Counc. How came you not to go to Rag-Fair?

Meredith. I told him Monmouth-street was a better Place, for I had a Mind to ask some Advice before I took him up, and accordingly when we came to the Savoy I ask'd Serjeant Taylor what I must do with him? and he told me I must take Care of him. We went from thence to the Coal-Hole, Griffith and Richards were there when we came in, and I told the Prisoner that one of them might go with us. He had some Talk with them about listing, and then I went out and can't tell what passed afterwards.

Counc. Did you see this Paper taken from the Prisoner?

Meredith. Yes, and he tore a Piece out of it in pulling it away: - this is the same; I wrote my Name on the Back of it.

Q. What was the Occasion of the Prisoner's producing that Paper at all?

Meredith. Griffith said to him, How can I know that you belong to the King of France? Why, said the Prisoner, I have a Furloe; let me see it, said Griffith, and he then pulled it out directly.

Counc. Did the Prisoner tell you what Countryman he was?

Meredith. Yes, he told me he was an Irishman.

Joseph Griffith , The first Place where I ever saw the Prisoner, was at the Coal- Hole by the Savoy. I sat down and drank there, and these three Men told the Prisoner, that I would go along with him: Upon that, he talk'd to me about enlisting myself, and I ask'd how I should know that he belonged to the King of France? for he might want to carry me to another Place. O! says he, I have a Furloe from my Captain in my Pocket, and he desired me to go with him to be a Soldier in the King of France's Service.

Counc. Did he produce the Furloe ?

Griffith. Yes, this is the same, I wrote my Name on the Back of it.

Counc. How came that Bit out of it?

Griffith. I desir'd him to lend me the Furloe, for I told him I could read French; upon which Richards talked to me in Welch, and desired me to keep it: The Prisoner then wanted to snatch it away, and broke the Piece out.

Counc. Did you hear him say any Thing about any Oath?

Griffith. I asked him if there was any Oath to be taken? and he said, he would be bound that there was not.

Counc. Did Thomas Meredith go out of the Room with the Prisoner?

Griffith. Yes, and when Meredith came in, he told me the Prisoner had given him 6 d by Way of Earnest, to go with him to France.

Counc. Was that before or after you saw the Furloe?

Griffith. Before we saw it.

Counc. How long was that before you seized the Prisoner?

Griffith About half a Quarter of an Hour, for he came in, and fell into Discourse with me by the Fire Side.

Thomas Richards . I am a Welchman. My Comerade John Meredith , came to the Barracks, and told me the Prisoner wanted to enlist him in the French Service. The Prisoner was then at the Gate with Thomas Meredith . I went with them to the Coal Hole, and drank a Pot of Beer, and sent John Meredith to see for the Serjeant, but he could not find him. Then the Prisoner and Thomas Meredith went out together, and when they return'd, Meredith told me the Prisoner had given him 6 d. to enlist him in the French Service. After that we had a Pot of Beer, and Griffith ask'd the Prisoner how he should know that he belong'd to France? He then produc'd this Furloe: I took it out of his Hand, and he tore a Bit out of it himself in endeavouring to pull it away.

George Hutchinson . I was sitting at my Quarters (the Coal Hole ) when the Prisoner came in with these Soldiers. They whisper'd a long while together, and I thought they were enlisting him, and not he them. The Prisoner then desir'd Richards to send for me out of the Room, and then they read the Furloe. I saw the Prisoner snatch it out of the Man's Hand, and I carried it to my Landlord in the Bar, and he read it.

Mr. Deveil. These People were before me, and sign'd this Furloe. They charg'd the Prisoner with enlisting Men for the French Service: He

was obstinate for a considerable Time, but at last acknowledg'd, that he was employed in this sort of Business by one Mackinnar, who (he said) was one of the French Officers. This is the Furloe that was produc'd before me.

Counc. Did the Prisoner say any Thing of any other People that were here on the same Business ?

Mr. Deveil. Yes, he told me there were several others either landed, or just landing, upon which I pressed him to make himself an Evidence, but he refused.

[The Paper was in French, but was read in English as follows.]

'' Foot, Regiment of Dillon.

'' We who have undersign'd this, do certifie '' all concern'd, that we have given Leave for '' six Months, to one named Martin Nowland , a '' Soldier in the Company of Capt. Morris, in the '' Regiment of Dillon, in the Jurisdiction of '' (Blank) aged 35 Years, Height 5 Feet one '' Inch and a half; Chesnut colour'd Hair, blue '' Eyes, and pretty much sunk in his Face, '' and very meagre Countenance: Given at Bethune, '' Dec. 25 1741. Sign'd Morris.

'' Counter sign'd by us Lieutenant Colonel '' commanding the Regiment of Dillon, Gavon;

'' Certified by us Captain Adjutant of the Regiment of Dillon, O 'Hara.''

Prisoner. This is nothing but what they have invented themselves, when he called me out of the Room, he bid me give him 6 d. to pay the Reckoning. Guilty , Death .

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