THE ARRAIGNMENT, TRIAL and EXAMINATION OF Mary Moders, Otherwise STEDMAN, now CARLETON, (Styled, The Germane Princess) At the Sessions-house in the Old Bailie, being brought Prisoner from the Gatehouse Westminster, for having two Husbands; viz. THO. STEDMAN of Canterbury Shoemaker, AND John Carleton of London, Gent. Who upon a full Hearing was acquitted by the Jury on Thursday, June 4. 1663. LONDON: Printed for N. Brook, at the Angel in Cornhill, near the Royal Exchange, 1663. THE Arraignment, Trial & Examination OF MARY MODERS, alias STEDMAN, STYLED, The GERMANE PRINCESS, At the Sessions in the Old-Bayly, Wednesday the third of June, 1663. At Justice-Hall in the Old-Bayly. THe Court being sat, a Bill of Indictment was drawn up against Mary Moders, alias Stedman, for having two Husbands now alive, viz. Tho. Stedman and John Carleton. The Grand Jury found the Bill, and was to the effect following: Viz. That she the said Mary Moders late of London Spinster, otherwise Marry Stedman, the wife of Tho. Stedman late of the City of Canterbury in the County of Kent Shepemaker, 1● May, in the Reign of his now Majesty the sixth, at the Parish of St. Mildred's in the City of Cant, in the County aforesaid, did take to husband the aforesaid Thomas Stedman, and him the said Thomas Stedman then and there had to husband. And that she the said Mary Moders, alias Stedman, 21 April, in the 15 year of his said Majesty's Reign, at London, in the Parish of Great St. bartholomew's, in the Ward of Farringdon without, feloniously did take to husband one John Carleton, and to him was married, the said Tho. Stedman her former husband then being alive, and in full life: against the form of the Statute in that case provided, and against the Peace of our said Sovereign Lord the King, his Crown and Dignity, etc. Afterwards the said Mary Moders, alias Stedman, was called to the Bar; and appearing, was commanded to hold up her hand: which she accordingly did; and her Indictment was read to her as followeth. Clerk of the Peace. Marry Moders, alias Stedman, Thou standest indicted in London by the name of Mary Moders late of London Spinster, otherwise Marry Stedman, the wife of, etc. And here the Indictment was read as above: How sayst thou, Art thou guilty of the Felony whereof thou standest indicted, or Not guilty? Marry Moders. Not guilty, my Lord. Clerk of the Peace. How wilt thou be tried? Prisoner. By God and the Country. Clerk of the Peace. God send thee a good deliverance. And afterwards she being set to the Bar in order to her Trial, she prayed time till the morrow for her Trial: which was granted; and all persons concerned were ordered to attend them at Nine of the Clock in the Forenoon. The Reader is desired to take notice of the following Passage. After she was Arraigned, and going back to the Gaol, her Husband the young Lord told her, He must now bid her Adieu for ever. To which she replied: Nay, (My Lord) 'tis not amiss Before we part to have a Kiss. And so saluted him, and said, What a quarter and noise here's of a Cheat! You cheated me, and I you: You told me you were a Lord, and I told you I was a Princess; and I think I fitted you. And so saluting each other, they parted. June 4. 63. Clerk of the Peace. The Court was sat, Proclamation was made: O Yes, all manner of persons that have any thing more to do, etc. Set Mary Moders to the Bar: where she accordingly stood. Clerk of the Peace. Marry Moders, alias Stedman, hold up thy hand: which she did. Those men that you shall hear called, and personally appear, are to pass between our Sovereign Lord the King and you for your life: if you will challenge them, or any of them, you must do it when they come to the Book to besworn, before they are sworn. And then were called, William Rutland, Arthur Vigers, Arthur Capel, Tho. Smith, Fran. Chaplin, Robert Harvey, Simon Driver, Robert Kerkham, Hugh Masson, Tho. Wes●ley, Richard Glutterbuck, and Randolph Pooke. And she challenged none, but were severally sworn by the Oath following: Look upon the Prisoner: You shall well and truly try, and true deliverance make between our Sovereign Lord the King and the Prisoner at the Bar, whom you shall have in charge, according to your evidence. So help you God. Clerk of the Peace. Cryer, make Proclamation: O Yes, If any one can inform my Lords, the King's justices, the King's Sergeant, or the King's Attorney before this Inquest be taken between our Sovereign Lord the King and the Prisoner at the Bar, let them come forth, and they shall be heard; for now the Prisoner stands at the Bar upon her deliverance: and all others that are bound by Recognizance to give evidence against the Prisoner at the Bar, come forth, and give evidence, or else you'll forfeit your Recognizance. The Witnesses being called several times, and not appearing, young Carleton came into the Court in a rich Garb trimmed with Scarlet Ribbons, and prayed, that in respect his Father and the rest of the Witnesses were not all ready, the Trial might be deferred for half an hour; and he going back, and passing the Prisoner his Princess, who stood there in a black Velvet Waistcoat, dressed in her hair, trimmed also with Scarlet Ribbons, she (veiling her face with her fan) laughed at him, to the great observation of the Court: and so the young Lord left the Court, (by advice of his friends) and betook himself to an adjoining house, where he stood the whole Trial. After some stay, the Witnesses came into the Court, and the Prisoner set to the Bar, and silence being commanded, the Indictment was again read. Clerk of the Peace. Upon this Indictment she hath pleaded Not guilty, and for her Trial hath put herself upon God and the Country; which Country you are. Your charge is to inquire whether she be guilty of the said Felony or not guilty: if you find her guilty, you shall inquire what Goods and Chattels she had at the time of the Felony committed, or at any time sithence: if you find her not guilty, you shall inquire whether she did flee for it: if you find that she fled for it, you shall inquire of her Goods, etc. as if she had been guilty: if you find she be not guilty, nor that she did flee for it, say so, and no more, and hear your evidence. Several Witnesses were sworn by the Oath following: The evidence that you shall swear between our Sovereign Lord the King and the Prisoner at the Bar, shall be the truth, the whole truth, and nothing but the truth. So help you God. James Knot. My Lord, and Gentlemen of the Jury, I gave this woman in marriage to one Thomas Stedman, which is now alive in Dover, and I see him last week. Court. Where was she married? Knot. In Canterbury. Court. Where there? Knot. In St. Mildred's, by one Parson Man, who is now dead. Court. How long since were they married? Rnot. About nine years ago. Court. Did they live together afterwards? Knot. Yes, about four years, and had two Children. Court. You gave her in marriage, but did the Minister give her to her husband then? Knot. Yes, and they lived together. Jury. Friend, did you give this very Woman? Knot. Yes. Court. What company was there? Knot. There was the married Couple, her sister, myself, the Parson and the Sexton. Court. Where is that Sexton? Knot. I know not, my Lord. Court. You are sure they were married in the Church, and this is the woman? Knot. Yes, I am sure of it. Court. How long ago? Knot. About nine years ago. Court. Did you know this woman before the Marriage, and how long? Knot. Yes, I knew her a long time, I was an Apprentice seven years near her Mother's house in Canterbury. Court. Then she's no Foreign Princess? Of what Parentage was she? Knot. I did not know her own Father (and in that he might be believed) but her Father-in-law was a Musician there. Court. You see her married: what words were used at her marriage, and in what manner? Knot. They were married according to the order of the Land, a little before the Act came forth touching marriages by Justices of the Peace. Court. Was it by the Form of Common-Prayer, any thing read of that Form? Knot. I did not take notice of that, I was but a young man, and was desired to go along with them. William Clark being sworn, said, My Lord, I was last week in Dover in company with this James Knot and Thomas Stedman, and he the said Stedman did own that he did marry one Mary Moders, a daughter of one in Canterbury, and that Knot gave her, and that he had two Children by her, and declared his willingness to come up to give evidence against her, but wanted money for his journey: And I have understood that a person here in Court was of a Jury at Canterbury, at a Trial between Day and Mary Stedman at the Bar for having two Husbands. Court. Was she cleared? Clark. I cannot tell. Young Carletons' father sworn. My Lord, I was at Dover the last week on Wednesday; I saw the husband of this woman, and the man acknowledged himself to be so; and did say that James Knot was the man that gave her in marriage to him. Court. Where is this man her husband? Hear says must condemn no man: what do you know of your own knowledge? Carleton the Elder. I know the man is alive. Court. Do you know he was married to her? Carleton. Not I, my Lord. Sarah Williams. My Lord, This Woman was bound for Barbadoes, to go along with my Husband, and she desired to lodge at our house for some time, and did so; and when the ship was ready to go, she went into Kent to receive her means, and said she would meet the ship in the Downs: and missing the ship, took boat and went to the ship. After several days remaining there, there came her Husband with an Order and fetched her ashore, and carried her to D●ver Castle. Court. What was his name that had an Order to bring her on shore again? Sarah Williams. His name was Thomas S●edman. Court. Have you any more to prove the first marriage? Charlton the Elder. No, none but Knot; there was none but three, the Minister dead, the Sexton not to be found, and this Knot who hath given Evidence. Court. What became of the two Children, Knot? Knot. They both died. Charlton the Elder. Stedman said in my hearing, that he had lived four years together, had two Children by her, and both dead; five years ago last Easter since she left him. Court. Mr. Charlton, What have you heard this Woman say? Charlton. My Lord, she will confess nothing that pleases him. Court. Mr. Charlton, Did you look in the Church Register for the first marriage. Charlton. I did look in the Book, and he that is now Clerk, was then Sexton (just now not to be found,) he told me, that Marriages being then very numerous, preceding the Act beforementioned, the then Clerk had neglected the Registry of this Marriage. If she intended this Trade, she likewise knew how to make the Clerk mistake Registering the Marriage. Young Charlton's Brother sworn, who said. My Lord and Gentlemen of the Jury, I was present at the Marriage of my Brother with this Gentlewoman, which was on or about 21 April, 1663. They were married at Gre●● St. bartholomew's, by one Mr. Smith a Minister here in Court by Licence. Mr. Smith the Parson sworn. My Lord, all that I can say, is this, That Mr. Charlton the younger told me of such a business, and desired me to marry them; they came to Church, and I did marry them by the Book of Common Prayer. Court. Mr. Smith, are you sure that is the Woman? Parson. Yes, my Lord, it is; I believe she will not deny it. Prisoner. Yes, my Lord, I confess I am the Woman. Court. Have you any more witnesses. Charlton. We can get no more but Knot to prove the first Marriage, the last is clear. Judge Howel. Where is Knot? Remember yourself well what you said before. You say, you know that Woman at the Bar; that you had known her a great while; that she was born near you in Canterbury; that you were present at her marriage; that Parson Man married them; that none were present but yourself, the married couple, Parson, Sexton, and her sister. Knot. Some others came into the Church, but none that I knew; I am sure none went with her, but those I named. Court. Who gave her in marriage? Knot. I did. Court: How came you to do it? Knot. I was Stedmans' shopmate, and he desired me to go along with him. Court. Were her Parents then living, or no? Knot. Her Mother was. Jury. How old are you? Knot. Two or Three and thirty years. Jury. How long ago was this marriage? Knot. About 9 years since. Court. Then he was Twenty three, and might do it: What is your Trade of life? Knot. I am a Cordweyner, otherwise a Shoemaker. Stedman was so too; we wrought both together. Jury. We desire to know whether she had a Father and Mother then ●iving? Knot. She had a Father-in-law. Court. Did you know her Mother? Knot. Ye●. Court. How long before that Marriage did her own Father die? Knot. I did not know him; he said so before indeed. Court. What age was she when married? Knot. I suppose about Nineteen or twenty. Prisoner. May it please your Honours, and Gentlemen of the Jury, you have heard the several Witnesses, and I think this whole Country cannot but plainly see the malice of my Husband's Father against me▪ how he causelessly hunts after my life, when his Son, my Husband, came and addressed himself to me, pretending himself a person of honour, and upon first sight pressed me to marriage: I told him, Sir said I, I am a stranger, have no acquaintance here, and desire you to desist your suit●; I could not speak my mind, but he (having borrowed some threadbare Compliments) replied. Madam, your seeming virtues, your amiable person, and noble deportment, renders you so excellent, That were I in the least interested in you, I cannot doubt of happiness; and so with many words to the like purpose, courted me, I told him, and indeed could not but much wonder, that at so small a glance he could be so presumptuous with a stranger, to hint this to me; but all I could say, would not beat him off: And presently afterwards he having intercepted my Letter, by which he understood how my affairs stood, and how considerable my means were, he still urged me to marry him; and immediately by the contrivance of his friends, gaping at my fortune, I was hurried to Church to be married, which the Parson at first did without Licence, to secure me to my Husband, and sometime after had a Licence. And my Husband's Father afterwards considering I had a considerable fortune, pressed me, that in respect I had no relations here, and because, says he, we are mortal, you would do well to make over your Estate to my Son your Husband; it will be much for your honour, satisfaction of the world, and for which you will be Chronicled for a rare woman: and perceiving he had not baited his hook sufficient (with some fair pretences) to catch me then, he and his Son, who were both willing to make up some of their former losses in circumventing me of what I had, they robbed me of my Jewels, and clothes of great value, and afterwards pretended they were counterfeit Jewels, and declared that I had formerly been married to one at Canterbury, which place I know not; and this grounded on a Letter (of their own framing) sent from Dover, with a description of me; that I was a young fat woman; full breasted; that I spoke several languages; and therefore they imagined me the person; and so violently carried me from my lodging before a Justice of Peace, only to affright me, that I might make my Estate over to them. The Justice having heard their several allegations, could not commit me, unless they would be bound to prosecute me; which my Husband being unwilling to, the Justice demanded of his Father whether he would prosecute me, saying, they must not make a fool of him; and so after some whisper, the Father and his Son were both bound to prosecute, and thereupon I was committed to prison: And since that, these people have been up and down the Country, and finding none there that could justify any thing of this matter, they get here an unknown fellow, unless in a prison, and from thence borrowed, you cannot but all judge to swear against me. My Lord, were there any such marriage as this fellow pretends, methinks there might be a Certificate from the Minister, or place; certainly if married, it must be registered: but there is no Registry of it and so can be no Certificate no Minister nor Clerk to be found: and if I should own a marriage, than you see that great witness cannot t●ll you whether I was lawfully married, or how ● but it is enough for him (if such a paltry fellow may be believed) to say, I was married. I was never yet married to any but John Charlton, the late pretended Lord: But these persons have sought always to take away my life, bring persons to swear against me, one hired with Five pounds, and another old fellow persuaded to own me for his Wife; who came to the prison, and seeing another woman, owned her, and afterwards myself, and indeed any body. If such an old inconsiderable fellow had heretofore wooed me, it must have been for want of discretion, as Charleton did for want of money; but I know of no such thing: Several scandals have been laid upon me, but no mortal flesh can truly touch the least hair of my head for any such like offence; they have framed this of themselves. My Lord, I am a stranger, and a foreigner; and being informed there is matter of Law in this trial for my life, my Innocence shall be my Counsellor, and your Lordsh●ps my Judges, to whom I wholly refer my Cause: Since I have been in prison, several from Canterbury have been to see me, pretending themselves (if I were the person as was related) to be my school mates; and when they came to me, the Keeper can justify, they all declared they did not know me. Court. Knot, You said she lived near you at Canterbury; What woman or man there have you to prove she lived there? have you none in that whole City, neither for love of Justice nor Right, will come to say she lived there? Knot. I believe I could fe●ch one. Court. Well said, are they to fetch still? Prisoner. My Lord, I desire some Witnesses may be heard in my behalf. Elizabeth Collier examined. My Lord, my Husband being a Prisoner in the Gatehouse, I came there to see my Husband, and did work there a days; and where came in an old man, his name was Billing, he said he had a wife there; says Mr. Baley go in and find her out; and he said I was his Wife, turned my hood, and put on his spectacles, looks upon me, and said I was the same woman his wife; and afterwards said I was not, and so to others: I can say no more. Jane Finch examined. My Lord, there came a man and woman one night, and knocked at my door; I came down, they asked to speak with one Jane Finch; I am the person, said I; We understand, said they, you know Mrs Charleton now in prison; Not I, said I, I only went to see her there; said they, be not scrupulous, if you will go and justify any thing against her, we will give you 5 l. Court. Who are those two? Finch. I do not know them, My Lord. Mr. Baley examined. My Lord, there has been at least 500 people have viewed her; several from Canterbury, 40 at least that said they lived there; and when they went up to her, she h●d not her face at all, but not one of them knew her. Court. What Country woman are you? Prisoner. I was born in Cullen in Germany. Court. Mr. Charlton, How came you to understand she was married formerly? Charlton elder. I received a Letter from the Recorder of Canterbury to that purpose. Prisoner. They that can offer 5 l. to swear against me, can also frame a Letter against me: They say I was 19 years of age about 9 years ago, and am now but 21. Court. Mr. Charlton, you heard what Knot said; he said she lived near him 4. years a wife, why did not you get some body else from thence to testify this? Charleton, Here was one Davis that was at her Father's house, and spoke with him— Court. Where is he? Charlton. I know not; he was here. Court. You were telling the Court of a former Indictment against her, what was that for? Charlton. She was indicted for having two husbands, Stedman of Canterbury her first Husband, and Day of D●ver Chirurgeon, her second Husband. The Indictment was Traversed the year before His Majesty came to England, she was found not guilty. Court. Who was at that trial? Charlton. One here in Court was of the Jury; but that party said there was such a trial, but knows not that this is the Woman. Judge Howel. Gentlemen of the Jury, you see this Indictment is against Mary Moders, otherwise Stedman, and it is for having two husbands, both at one time alive; the first Stedman, afterwards married to Charlton, her former husband being alive. You have heard the proof of the first marriage, and the proof doth depend upon one witness, that is Knot; and he indeed doth say, he was at the marriage, gave her, and he names one Man the Parson that married her, that he is dead; none present there but the married couple that must needs be there, the Parson, this witness, her sister, and the Sexton; that he knows not what is become of the Sexton. All the Evidence given on that side to prove her guilty of this Indictment, depends upon his single testimony. It is true, he says she was married at Canterbury, but the particulars or the manner of the marriage he doth not so well remember; whether by the Book of Common Prayer, or otherwise, but they lived together for four years, had two Children. If she were born there, married there, had two Children there, and lived there so long, it were easy to have brought some body to prove this; that is all that is material for the first marriage. For the second, there is little proof necessary, she confesses herself married to Charlton, and owns him; the question is, Whether she was married to Stedman, or not? You have heard what defence she hath made for herself, some Witnesses on her behalf; if you believe that Knot, the single witness, speaks the truth so far forth to satisfy your Conscience, That that was a marriage, she is guilty. You see what the Circumstances are, it is penal, if guilty, she must die; a Woman hath no Clergy, she is to die by the Law, if guilty. You heard she was Indicted at Dover for having two Husbands, Stedman the first, and Day the second. There it seems by that which they have said, she was acquitted; none can say this was the Woman, that there was a trial, may be believed; but whether this be the woman tried or acquitted, doth not appear? One here that was of that Jury, says, there was a trial, but knows not that this is the Woman. So that upon the whole. It is left to you to consider of the Evidence you have heard, and so to give your Evidence. The Jury went forth, and after some short Consultation, returned to their places. Their names were called, and all answered. Clerk of the Peace. Are you all agreed of your Verdict? Jury. Yes. Clerk. Who shall say for you? Jury. The Foreman. Clerk. Marry Moders alias Stedman hold up thy hand; look upon her Gentlemen, what say you. Is she guilty of the Felony whereof she stands indicted, or not guilty? Foreman. Not guilty. And thereupon a great number of people being in and about the Court, hissed and clapped their hands. Clerk. Did she fly for it? Foreman. Not that we know. Afterwards she desired, that her Jewels and clothes taken from her, might be restored to her: The Court acquainted her, that they were her Husbands, and that if any detained them from her, he might have his remedy at Law: She charging old Mr. Charlton with them, he declared they were already in the custody of his Son her Husband. FINIS.