An Account of the PROCEED AGAINST Capt. Edward Rigby, At the Sessions of Goal Delivery, held at Justice-Hall in the Old-Bailey, on Wednesday the Seventh Day of December, 1698. for intending to Commit the Abominable SIN of SODOMY, on the Body of one William Minton. Printed by Order of the Court. AN Indictment was found against Captain Rigby, for that he, the Seventh day of November last, did Solicit, Incite, and as well by words as otherways, endeavour to persuade one William Minton (of about the Age of Nineteen Years) to suffer him the said Rigby, to commit the Crime of Sodomy with him the said Minton. And the said Rigby did also Endeavour and Attempt, to Commit the Crime of Sodomy with him the said Minton; and did also do and perpetrate divers other Enormities and abominable things, with an intent to Commit the Crime of Sodomy with the said Minton. Captain Rigby being sensible of his Gild, and unwilling the same should be disclosed to the World, would not therefore Plead Not Guilty to his Indictment; neither would he confess the same, but Demurred to the Indictment, in hopes, as his Council alleged, that they might find some Fault therein; but upon Arguing the Demurrer, the Court were of Opinion the Indictment was good, and therefore Judgement was given against Rigby, which was the same as if he had Pleaded Guilty. And on the last day of the Sessions, the Council for the King demanded Judgement against him, which could not be Adequate to his Crime; and for the Information of the Court, in order to give a Just and Exemplary Judgement, prayed, That several Affidavits which were produced might be Read, which accordingly were Read; whereby it appeared, That on Saturday the Fifth of November last, Minton standing in St. James' Park to see the Fireworks, Rigby stood by him, and took him by the hand, and squeezed it; put his Privy Member Erected into Minton's Hand; kissed him, and put his Tongue into Minton's Mouth, who being much astonished at these Actions went from him; but Rigby pursued him, and accosted him again; and after much Discourse prevailed with Minton to tell him where he lodged, and to meet him the Monday following about Five a Clock, at the George-Tavern in the Pall maul, and to Inquire for Number 4. Minton the next day Acquainted Charles Coates, Esq (with whom he lived) with what had happened to him the Night before, and desired his Advice and Direction therein; who with a Worthy Divine then present (being willing to detect and punish the Villainy designed by Rigby) directed Minton to apply himself to Thomas Railton Esq a Justice of the Peace for Middlesex; who being informed of what passed between Rigby and Minton, appointed his Clerk with a Constable, and two other Persons, to go with Minton to the George-Tavern, who were to stay in some Room adjoining to the Room whereinto Minton should go: and if any Violence should be offered to him, upon crying out (Westminster) the Constable and his Assistance should immediately enter the Room. That on Monday the Seventh of November last, about Four of the Clock in the Afternoon, Rigby came to the George-Tavern, and left Number 4. at the Bar, with Directions, That if any Enquired for that Number, to send them to him; after Rigby had been about an Hour at the Tavern, (Minton not coming) Rigby called up one of the Drawers, and in a Passionate manner, bid him go to Minton's Lodgings, and inquire for a young Gentleman; and if he were within, to tell him a Gentleman stayed for him at the George-Tavern; the Drawer accordingly went, but Minton not being within, the Drawer returned that Answer to Rigby. That about six a clock Minton came to the George Tavern, enquired for Number 4. and was showed into the room where Rigby was, and he Constable and his assistance were placed in a Room adjoining; Rigby seemed much pleased upon Mintons' coming, and drank to him in a glass of Wine and kissed him, took him by the Hand, put his Tongue into Mintons' Mouth, and thrust Mintons' hand into his (Rigby) Breeches, saying, He had raised his Lust to the highest degree, Minton thereupon asked, How can it be, a Woman was only fit for that, Rigby answered, Dam'em, they are all Poxed, I'll have nothing to do with them. Then Rigby sitting on Mintons' Lap, kissed him several times, putting his Tongue into his Mouth, asked him, if he should F— him, how can that be asked Minton, I'll show you answered Rigby, for it's no more than was done in our Forefathers time; and then to incite Minton thereto, further spoke most Blasphemous words, and said, That the French King did it, and the Czar of Muscovy made Alexander, a Carpenter, a Prince for that purpose, and affirmed, He had seen the Czar of Muscovy through a hole at Sea, lie with Prince Alexander. Then Rigby kissed Minton several times, putting his Tongue in his Mouth, and taking Minton in his Arms, wished he might lie with him all night, and that his Lust was provoked to that degree, he had— in his Breeches, but notwithstanding he could F— him; Minton thereupon said, sure you cannot do it here, yes, answered Rigby, I can, and took Minton to a corner of the Room, and put his Hands into Mintons' Breeches, desiring him to pull them down, who answered he would not, but he (Rigby) might do what he pleased; thereupon Rigby pulled down Mintons' Breeches, turned away his shirt, put his Finger to Mintons' Fundament, and applied his Body close to Mintons, who feeling something warm touch his Skin, put his hand behind him, and took hold of Rigbys Priv … Member, and said to Rigby, I have now discovered your base Inclinations, I will expose you to the World, to put a stop to these Crimes; and thereupon Minton went towards the door, Rigby stopped him, and drew his Sword, upon which Minton gave a stamp with his foot, and cried out Westminster; then the Constable and his Assistance came into the Room, and seized Rigby, who offered the Constable a Gratuity to let him go, which he refusing, carried Rigby before Sir Henry Dutton Colt, before whom Minton charged Rigby (who was present) with the Fact, to the effect before related; who being asked by Sir Henry Colt, Whether the Fact Minton had charged him with were True, Rigby denied not that the Charge against him was true, only objected against some inconsiderable Circumstances, which no ways tended to the lessening of the Charge. That after all the Informations were read, Rigby was asked by the Court, What he had to say for himself, he desired that a Gentlemans Affidavit who was present when this matter was transacted might be read; the Court told him, That that Gentleman stood Indicted in the same Indictment with him, for being Aiding, Advising, and Assisting to him, in committing his Crime, and therefore could not be an Evidence for him. Rigby was asked by the Court what further he had to say, he insisted on his Innocency, that he was misadvised by his Council in Demurring to the Indictment, which if he had known had been Confessing of the Fact in case the Court had been of Opinion that the Indictment was sufficient, he would not have done it; but seeing the Law was so he must submit to it; he said he was Drunk, and might kiss Minton several times. To which it was answered by the King's Council, That his (Rigbys) Council had well advised him, and he knew his Gild to be such, That it would be proved by Three or Four Witnesses beyond all contradiction, and therefore Rigby Demurred to the Indictment, in hopes thereby his Crime would not be Disclosed, as it must have been if he had pleaded Not Guilty to his Indictment, and submitted to a Trial; but as the Fact had now been made public in Court; and it also appearing that he was not Drunk when he Committed it. It was therefore prayed by the King's Council, that the Court would give an Exemplary Judgement against him, for that Crime of which, by his own Confession, he stood Convicted, and was not in its Nature to be Aggravated. And the Judgement which was pronounced by the Court against Rigby, was, viz. That he stand Three several Days in the Pillory, for the space of two Hours, from Eleven of the Clock to One, in each of those days. The First day over-against the George-Tavern in the Pall-mall; the Second day at Charing-Cross, and the Third day at Temple-Bar. That he pay a Fine of 1000 l. to the King. That he lie in Prison for a Year, after he shall have paid his Fine. And that before he be discharged out of Prison, he shall find sufficient Sureties for his good Behaviour for Seven Years. London: Printed by F. Collins in the Old Bailey. 1698.