Mistaken Justice: OR, Innocence condemned, In the Person of Francis Newland, Lately Executed at Tyburn, for the Barbarous murder of Mr. Francis Thomas. BEING A True Account of the Evidence against him, of the Truth of his Case, and of his Behaviour, from the Time of his Sentence, till his Execution; Attested by divers Credible Persons. LONDON, Printed for Richard Smith, at the Angel near Lincolns-Inn Back-Gate, going into the Fields, 1695. Mistaken Iustice: Or, Innocence condemned. EXamples in History there are many of unquestionable Truth, of Persons Condemned and Executed for Crimes of which they were not Guilty: Some through the wicked Designs and Practices of Men, either Judges themselves, or inferior Officers, and Ministers of Justice, or Witnesses: Some through the Weakness, Hastiness, or Inconsiderateness of Men; of which we have had, in our Time, a very strange Example of a Mother and her two Sons Executed near Cambden in Gloucester-Shire for the murder of one Harison, who is well known to have been living divers Years after. And sometimes there have been such concurrence of Circumstances as have deceived very honest and cautious People. When it doth so happen, that a Man is so wrongfully Condemned and Executed, whether through Design, or Mistake, it seems to be not only a commendable Action, but a Duty incumbent upon such as have any Knowledge of his Innocence in the Case, to declare and publish the same, both to do right to the Memory of the Deceased, and his surviving Relations, and to do a necessary Service to their country, that it may be freed, by all means that may be, from the Cry of Innocent Blood. In the Case of Mr. Newland, lately Executed for a barbarous murder committed upon Mr. Thomas, there are two sorts of Evidence which have given good Satisfaction to divers Persons who had the Opportunity of being acquainted with them, that he was not so much as Aiding, Assisting or Abetting in that foul Action. The one, is Evidence upon Oath, of Persons who were present, and saw what was done: but this must be reserved till some of the Persons who were really Guilty be apprehended, and brought to trial. The other, the solemn repeated Declarations of him, who knew best of any; together with the Testimonies of very competent Witnesses, concerning the Credibility of his Declarations, that is, of a dying Man; and not only so, but of one so fitted and prepared, as he was, for his Death. The Speeches of dying Men do, as it were, ordinarily exact more Credit than those of others: but there are Two sorts of Persons who have too deservedly lost that Credit, which is otherwise due to all at their Death: Such as are hardened in Wickedness, and such as are corrupted in their Principles, to serve a corrupt Religion by indirect means: But Mr. Newland was none of these: He was instructed concerning both the Necessity of True Repentance to Salvation, and of Confession of the Truth to True Repentance: and his Behaviour did manifestly show the good Effects that those Instructions had upon him; which doth double the Validity and Credibility of what was said by him, under his Circumstances. And the Persons who do this for him, are Testes fide digni, Witnesses above all Exception, such as were Strangers to him, all free from any bias to Partiality; such as had either never seen him, or never exchanged Word with him, till the Day of his Condemnation, except one of them, who hereafter gives an Account of his Acquaintance with him; were moved only by Motives of Charity to visit him, at first; and after that, merely by Consideration of his Behaviour and Conviction thereupon of his Innocence, to do all they could, both to assist him what they could with good Advice, and good Books, and to obtain a Reprieve for him; that by further Evidence of his Innocence, they might have ground to move for a Pardon, and save a Life which they hoped might be very serviceable to their country. These were their only Motives: And therefore, considering the Satisfaction they had concerning his Innocence, and the certainty they had of their own Integrity, and good Intentions, they were not to be deterred by vulgar Objections of their Arraigning the Government, or popular Censures, from what they have done. Such Objections proceed from the false Pretences of Evil Ministers, to abuse the People, and shelter themselves under the Name of the Government; such as our Judges as little need as any sort of Officers in this Nation; which would be in a much better Condition, if other Places were no worse filled: And yet it were to be wished, that their Care of the Discharge in their peculiar Office of Administration of Justice, did not too much restrain their Care of the Discharge of a more common Duty, as Members of the Common-Wealth, and the principal Persons of one of the most considerable Bodies of the Commons of England. If they can see their Prince abused by Evil Ministers, or the Fundamental Rights of the People violated, or Justice perverted by Coroners or Juries; and because they cannot, by their ordinary Authority, redress the same, will therefore take no Care for effectual Remedy, where it may be had, they forget a great Part of their Duty to their King, and to their country, and to God above all. And unless some means be provided to correct the Corruptions of Coroners and Jurors in such Cases as these, it will be impossible for the best Judges in the World, either to do Justice, or to hinder great Injustice many times. We have known, not long since, a poor innocent soldier pursued through a Market, and most barbarously murdered in the open Street, by two Persons disaffected to the Government,( to say nothing of their Character in other Respects) who, with divers more, met together, as was suspected, upon no good Design, and had before offered divers Affronts to the Souldiers, and made a Quarrel with him they Killed; and yet these were found Guilty but of Man-Slaughter. But of such Instances as these, of Persons Guilty of Barbarous and Wilful murder, who, through the Corruption of intermediate Officers, or Ministers of Justice, or through the Prevalence of Great Men, have escaped Justice here, and the Punishment of human Laws; there are so many, that not a Judge or a Lawyer that goes the Circuit, or attends the Courts of Justice, can be altogether Ignorant of them. And this is a great and principle Reason that moves the Judges ordinarily to oppose Reprieves, unless there appear manifest Cause at the present, because they see them ordinarily abused, only for more leisure to obtain Pardons, and that to be the usual Consequence. But Reprieves, notwithstanding, may be of great Use for the due Execution of Justice; and therefore should not be opposed merely for the Abuse; which might better be provided for some other way, than by running into a contrary extreme; lest, while we intend nothing but Justice, we unhappily in fact precipitate ourselves into great and irreparable Injustice, as in this Case: The Case of a Young Man, by reason of his immature Age, and want of Experience, unable of himself to make his Defence as he should, and might have done; destitute of Friends to assist him; and presuming too much upon his Innocence; and easily checked and silenced when he offered to speak. The Friends he afterward found, for his Comfort and Support in his Affliction, were such as the Providence of God, Christian Charity, and Commiseration of his Condition at first excited, and Sense of his Innocence afterward further incited to use their utmost Endeavour on his behalf; but it was too late: and, besides, there was one or two Oversights committed, that proved fatal to him: The one, a neglect of timely enquiry after Persons who were present, and saw all that was done, when the barbarous murder was committed: The other, the putting of a long Report into the King's Hands, without so much as any Notes or Marks at the material Particulars, whereby some of them seem to have been overlooked; whereas, the Report of the Judge was very fair, and the King well inclined, had those Particulars which lay dispersed in the Report been put all close together, as might have been in a short Petition, which, with the Report at large to verify the same, had been as just as it was necessary: But, it seems, the supreme Judge determined otherwise, that he should suffer this judgement of Men here, that he might not be condemned with the World hereafter. And now, all that they can further do in this Case, at present, since they could not save his Life, is to make the Truth of his Case to be better understood: And to that purpose, it is thought sit, First, to recite the Evidence, as it appeared to, and was reported by the Judge; and then the Truth of his Case, as related by himself, and left in Writing at his Death: And, lastly, their several Attestations of the Motives of Credibility which they observed in his Behaviour. The Report was as followeth. To the King's Most Excellent Majesty. BY Virtue of Your Majesty's Order signified to me, by His Grace the Duke of Shrewsbury, to report unto Your Majesty, how the Evidence appeared unto me against Francis Newland at his trial; I humbly certify unto Your Majesty, that the Evidence against him, was, That he, together with one Philboy, Tully, and about five others, were all concerned in breaking open the Door of a Dancing-School, about Eight of the Clock the same Night Mr. Thomas was killed; they went all together therehence, and return'd to the same School again about Nine of the Clock, where, after some Disorder committed, they took lighted Candles in their Hands, and went all together out of the School, into the Street; Two of this Company soon after threw down the Door of an † Apple-Stall, where seeing Mr. Thomas buying of apple, they gave him very approbrious Words, drawing their Swords upon him; whereupon the Gentleman, † to save his Life, got out of the Stall, and drew his Sword, and defended himself for some time against them; but Six others coming up afterwards with drawn Swords, he gave ground, and said, They would murder him: He received two Wounds, one in his Back, which was said was Mortal; and the other in his Breast, which was believed to be so. Francis Newland was apprehended soon after this Fact done, having a Belt and Scabbard with no Sword. None of the Witnesses could positively Swear that Newland was either of the Two Persons that fought with Mr. Thomas, only Two of the Witnesses Swore, 'twas a Man of his Stature, and with such a Coat on; and being brought to Mr. Thomas, before his Death, upon his own Desire, Mr. Thomas declared, He thought he was the Man; but there was Evidence given, that Philboy and Tully were the Two Persons that first drew upon Mr. Thomas; whereupon I directed the Jury, that though they did not believe that Newland was the Person that actually wounded Mr. Thomas, yet if they believed that he was one of the Company that came up with drawn Swords, in terror of him that was Slain, he was, by the Law, as much Guilty of murder, as either of those that actually wounded him; whereupon they brought him in Guilty of murder. I think the Gentleman was basely murdered, but do believe that Francis Newland was neither of the Two Persons that first assaulted him, or that gave him any Wound, which I humbly submit to Your Majesty. April 17th, 1695. By this Report it appears, 1. That there were Two Persons who fought and wounded Mr. Thomas, and that the Two Persons were Philboy and Tully: so that whatever Mr. Thomas might say when he was expiring; or others believe that Mr. Newland was like him that fought with him, he could not be the Man; nor could any of the Witnesses Swear he was; nor did the Judge believe he was either of the Persons who did assault or wound him. 2. That there was no Proof of any Act or Word of Aiding, Assisting or Abetting done or said by Mr. Newland at that time, more than only drawing of his Sword: and since that is a thing which is commonly done upon such unexpected Occasions, especially by Young Men, that alone cannot make him Guilty, without some other Indication of his Intention. It is true, the Jury might have some Motives to believe his Intention to have been such as might make him Guilty within the Statute: but as none could know that so well as himself; so his own Declaration under his Hand at the time of his Death, after so constant Assertions of the same, under such Circumstances, as will appear hereafter, may deserve, on the other side, to be well considered: which here follows in His Paper delivered to the Ordinary, at the Time of Execution. SInce I am now thus publicly( though Innocent) to suffer for a most barbarous murder, the World, no doubt, expects I should make a public Confession, which I, for several Reasons, think myself obliged to do; and especially, in some measure to clear several Gentlemen who are accused of this murder, though altogether innocent, as myself; and likewise to declare who were the principle and only Actors of this murder,( which were James Philboy, and Daniel Tully). But since most People are already prepossessed with an Opinion that it was done by several Hands, I fear it will be a hard matter to get them out of the common Road; but to those who will give Credit to a dying Man's Words,( as I believe none dare die with a lie in his Mouth,) I here deelare, as I hope for Mercy from God, I am Innocent of what I now suffer for; not but that I was an Eye-Witness of the murder, but knew nothing of the Quarrel, nor was no ways concerned in it, neither was any other Persons except the afore-named Philboy and Tully; and notwithstanding there were several Swords drawn in the Street, no one injured the Deceased that I saw; but, on the contrary, several would have partend them, had they not been prevented by Tully, which was my only Reason of drawing my Sword. The Reason why I have given so exact an Account of the murder and Persons, is more for the Satisfaction of the World, and Vindication of other People, than myself; yet I can safely justify myself from having any hand in this murder, any farther than ignorantly running to see what was the matter; I therefore hearty wish, since I am here publicly to suffer Death, as an atonement for Innocent Blood, that in its proper use it may meet with its intended design; though I sear that spilling more innocent Blood seldom excuses the Nation for the former; notwithstanding no one( than myself) wishes better Success to my country. I hearty forgive all who have any way injured me( as I hope all do me whom I have injured); but especially Those who, in this case, have wrongfully robbed me of my Life. To all People therefore, and especially my Friends and Acquaintance, I hope my unfortunate End may be a sufficient means to prevent them from any thing which may in the least cause them to depend on others Mercy,( which, together with Justice, I fear, has long since left this Nation). It is not for me now to insist on this, since I am at Peace with all the World, and have already forgiven them; but rather( if it were in my Power) to say something which might in any ways retain all People from idle quarrelsome Company, which, undoubtedly, is the great in-let to all other Mischiefs and Misfortunes,( as by me plainly appears); and therefore, how unjustly I here suffer, I really believe, is a most just Reward for my past sinful Life and Conversation. I, not long since, thought myself as far from this untimely End, as any of my Acquaintance; and therefore hope, that since, in this Case, I am able to say but very little, that the very Example itself may deter you from your wicked sinful Courses of Living, which, undoubtedly, will as severely be punished, if not in this World, in the next you must surely expect it, which will be far worse, unless you unfeignedly Repent, which can never be too soon, though it may be too late; for assure yourselves, nothing can be half so great a terror to a Man, as when leaving this World, to find himself altogether unfit for another, and in Examining himself, to find that he groans under an immense burden of Sin, which he can no ways get rid of; the ill Consequence of which I am not able to describe, but must leave you farther to consider of it; though, I bless God, that since my dismal Sentence I have so much reflected on my past Life, together with the good Advice I have had of several People, that what I formerly thought most dear and pleasant to me, is now so odious and unpleasant, that were I now at my Liberty, and accidentally should meet with any of my former Acquaintance, I should certainly think them all Drunk, were they never so Sober; and( I suppose) they, on the contrary, would think me Mad: yet I am so well pleased and satisfied with this my Misfortune, that rather than I would give myself over to my former Course of Life, were I to live, and on my Death-Bed to undergo the Agonies and terror which, since my Sentence, I have done, I would first choose to undergo the cruellest Death that could be inflicted. This Paper was all Written with his own Hand not long before his Execution. What Credit it doth deserve, may be understood by the following Observations and Attestations. The Observations and Attestation of Mr. W. H. MR. Newland, some time since, took Lodgings in the same House with me, where I had a considerable Charge under my Hand. The House was large, and none but he and I upon the same Floor: This made me take special Notice of his Carriage, who was a Stranger to me. I always found him Orderly and Obliging; and, at length, perceived in him an excellent natural Temper, capable of great Improvements. He afterward removed thence, and I engaged in Affairs that employed all my time, and neither inquired nor heard of him till the News of his Commitment was brought me by one of Credit, who assured me he was Innocent, which prevented my going to see him till I heard he was Convict. But then, strongly presuming he would prove a real Convert, and having a very strong Impulse upon my Mind, which I know not what I should attribute it to, I went, and finding him well disposed for good Impressions, I offered him some Books, and desired him to sand for some Divine; all which he took very kindly, and left the Choice of the Person to me; so I went to Mr. S. who, though otherwise employed, and not well at Leisure; yet upon the hopes I gave, that he might prove a real Convert, was persuaded, and went with me to Newgate: Where Mr. S. urging the Necessity of Disclosing his whole Life, I left them together, and afterward found Mr. S. not pleased, at what he thought an imperfect Confession; yet I entreated him to consider his Circumstances, and believe him Sincere, and get a Reprieve for him; but he would only consent to try what might be done to get the Warrant respited till further Enquiry into the Matter, and repeated Converse with Mr. N. so well satisfied him, that he earnestly desired and endeavoured a Reprieve. I had from Credible Hands an Account of the Fact, which represented him not only Innocent of it, but protesting against the Unfairness of the Engagement, as soon as he saw it, which was before the Wounds were given. And for my part, I could see no Reason why a Young Gentleman, if Innocent, as I verily believe him, and one of an excellent Spirit, and a true Convert, should not be thought a fit Object of Mercy. And I was so convinced of the great good he might have done, that I could not but wish, with all my Soul, that One of such an excellent Temper, so curious an Intellect, and susceptible of Instruction, so hearty engaged in Religion, might be preserved to reduce the more refined Sinners of the Age. I could do little more than wish it; yet there were those that did endeavour it: And though the Wise God disappointed them; yet the divine Dispositions he at last attained, assure me he is now Partaker of that Happiness for which he was so well fitted. The Observations and Attestation of Mr. E. S. UPon Friday the 5th of April, Mr. Newland being to receive his Sentence in the Afternoon, I was importuned by a very good Man to visit him, and assist him in his Preparation for his Death. When I came to him, I told him that if he desired my Assistance, as I desired to be faithful to God, and to his Soul, so I did expect, to the end, that we might proceed upon safe grounds, that he should give me a plain Account both of the Crime for which he was to suffer, and of all the most considerable Miscarriages of his Life, with all their Aggravating Circumstances; that thereby I might the better know how to give him my Advice and Direction: and besides, I shewed him how therein did consist a great and necessary part of true Repentance, viz. the Giving Glory to God, by taking shane to himself. When I had pressed this as far as I thought necessary at that time, being left to ourselves, I examined him both concerning the Crime, for which he was to receive so sad a Sentence, and other Matters of his Life: For other Matters I ought not to say any thing of them: But for that horrid Crime, he did constantly affirm, that he was neither Guilty of that Fact, nor of Aiding, Assisting, or Abetting; but did, when he saw them Fighting, cry out shane upon Philboy, that he being a professed Fencing-Master, would engage a Gentleman in that manner; only he was so unhappy, as seeing many Swords drawn, to draw his also, as is commonly done upon such unexpected Occasions, but not with any Thoughts, in the least, either to hurt Mr. Thomas, or to encourage the Murtherers, but to have saved him, if he could have had Opportunity, and for his own Defence: but his Sword was no sooner out, but it was wrested out of his Hand by some Body, who seeing it to have a guilt Hilt kept it, and hath conceiled it ever since. This he affirmed very constantly, but with so much Modesty, as made it look to me like the Excuse of a School-Boy, when taken in a Fault; for he was Young, and but just of Age: But I am now well satisfied that it was really true. But for my better Satisfaction then, when I had done with him for that time, I went to the Judge, before whom he was tried, told him what I was engaged in, and desired him to do me the Favour to let me know the Particulars of the Evidence against him, which he did very fully; when I had this, I went further, and made some enquiry into the precedent part of his Life; and the next Day in the Evening went to him again: and after I had done what I could to convince him that it was his Duty, and of great concern to him, to deal plainly with me, as in the Presence of God; I then made the best Use I could of the Informations I had received, for the more close Examination of him in all the Particulars thereof, and what else I thought necessary, and gave him the best Advice and Directions I could. The Day following I went and heard the Sermon at the Prison; and after I had discoursed with him, went to the Lord Mayor, and for some special Reasons desired only a respite of the Execution as long as might be; for I did not think fit then to desire a special Reprieve, considering that that might raise unseasonable Hopes of a Pardon: And it so fell out, that the Recorder had not Opportunity to make his Report to the King till the Thursday following, and then, of course, the Warrant for Execution could not well be till the Wednesday after; and I desired of him that it might be deferred but till Friday; but that I could not obtain: Whereupon I made the best Use of my Time that I could, to prepare him for his Execution; and upon the next Lords Day( April 7.) I had full Satisfaction in my own Mind to give him Absolution, and gave him the Holy Sacrament, which I did accordingly, taking with me some good intelligent devout Christians to assist us with their Prayers; and from that time I began to desire and endeavour what I could for a Reprieve for some longer time, for a further Discovery of the Persons concerned in that barbarous murder: but for a Pardon, I never did or would consent to any Motion for any such thing; but thought it fit that he should lie under the Sentence of Condemnation till the Matter could be made more manifest by evident Proofs, that there was just cause for it; but yet was so well satisfied of his Case, that I made no scruple to do more for a Reprieve for him, than otherwise I should have thought fit to have done. And it pleased God to raise him up divers Friends, who were Strangers to him before, and yet were so affencted with a sense of his Circumstances, as I have never known the like in any such Case, upon the mere Principles of Charity and Christianity. At last a Reprieve was obtained from Wednesday to Friday, and an Order to the Judge, to certify to His Majesty how the Evidence appeared against him at his trial. This Reprieve came not till he was ready to be carried out, with the rest, to Execution. That Morning( April 17.) I again, with some such Company as I had before, gave him the Holy Sacrament, with so much Satisfaction, that when I had done, I could not but tell him, that as he had solemnly owned Jesus Christ to be his Lord and his Saviour, by his Receiving those Holy Creatures of Bread and Wine in Memory of his Passion, the great Propitiation for our Redemption; so I could assure him, that he, by me, as his Deputy and Minister, had, by my Delivering of those Holy Memorials to him, solemnly owned him for his Servant; and that not only upon the Consideration of the Authority, according to his Institution and Appointment committed to me; but moreover from a special Sense and Feeling, and Satisfaction that I then had in my own Soul of his Approbation and Ratification of what I then did. And thereupon I did encourage him, with full Assurance, to resign himself to him, and humbly and patiently acquiesce in his Disposal, whatever it might seem to Flesh and Blood, and he should find him a powerful Saviour. This done, I left him for the present, but returned again time enough to have accompanied him to the Execution: but that was prevented by the Reprieve till Friday, which was soon after brought in. This was but a short time; but what could be done in so short a time, was done, by all the Applications that could fairly be made to the most proper Persons, upon these Considerations; That while he was Living there would be all possible Diligence and Industry used by his Friends for the apprehending of the Murtherers, and for further Evidence to clear the Matter of Fact in all Particulars: and there could be no Inconvenience to grant, for this end, a Reprieve till the end of the next Sessions; but a hasty Execution would quash all these Endeavours for the Promotion of Justice, and gratify none but the Murtherers. The Innocence of the Person we could not yet insist upon, though we ourselves were never so well satisfied of it; for the Apprehensions conceived, justly of the Barbarousness of the murder, and with too much appearance of Truth, of his being Aiding, or Abetting, within the Statute, were greater than we could expect should be removed by any thing we could allege. But those Considerations before-mentioned, together with some more Evidence concerning the murder, which was found out but the Night before he was Executed, gave us Hopes and Encouragement to try to the utmost what could be done for a further Reprieve, till the fatal Hour was come. In the mean time, that he might be ready to embrace the Will of God, whatever it should be, I now again gave him the Blessed Sacrament, together with some other serious devout People: and we had scarce done, when the Persons, who attended for His Majesty's Determination at Kensington, came in, and acquainted us with it, and he received it with the same composed Sweetness and Mildness which I all along observed in him. At my first coming to him, and after I had talked with the Judge, and with some others, having other Apprehensions of him and his Case than I have had since, his insisting upon his Innocence, which I could not then believe, made me judge more hardly of his Case, than the Truth of it did deserve, and press him harder than otherwise I should have done; so that it gave him some Trouble, and was an Addition to his Affliction, that I would not give more Credit to him; and he complained of it to some of his new Friends, who visited him: and I confess now, I am sorry for it, though it was no more than my Desire to deal faithfully with him made me do. But when I had examined all things as fully as I could, and then shewed him the Original and Progress of our Unhappiness, and how true Happiness is now to be attained, and what were the only solid Grounds of Comfort & Confidence; I endeavoured to settle him in a full and entire Resignation of himself to the Goodness, Mercy, and Faithfulness of our Glorious and Powerful Redeemer, with a well satisfied Acquiescence in his Disposal, whatever it might seem to Flesh and Blood. And this was so well exercised by him, that neither I, nor any one else that I have heard of, ever observed any thing that savoured of any other Disposition of Mind in all his Carriage, to the last. When he received his last Doom here, that no Reprieve could be had, but he must prepare for his Execution, without further respite, he received it with the same Sweetness and Composedness; we retired from the chapel to his Chamber, and he there red to me a Paper, which he thought fit to leave, but did not desire to speak any thing to the People at his Execution. The Paper I thought most proper that he should leave with the Ordinary; and when I had again exhorted him, in few Words, to Constancy in his Resignation, and humble Acquiescence in the good Pleasure of our Lord, we returned again to our Friends in the chapel; and after another of his Friends had discoursed with him apart, we went all down to the Press-Yard, where first his Bolts were knocked of, and then the Cord put about him, after the usual manner: while this was doing, I put him in mind of the Indignities done to our Saviour, who was an Innocent Person, and suffered all that for our Sake; and to leave us an Example. I went in the same Coach with him, and held him by the Hand almost all the Way; but we said not much, neither he to me, nor I to him; for, indeed, I do not approve either long Discourses, or long Prayers, but upon just and necessary Occasion: and that Vanity and Ostentation which I have sometimes observed in both, hath given me great Offence. In weighty Matters, a few weighty Words suffered to sink, and be digested, is, in my Apprehension, more effectual upon Men; and a close reverend Expression of what is necessary, more decent, and more acceptable to the Divine Majesty, than what is commonly more applauded by the generality of the People. He did once or twice, as we were going, acquaint me, that he had something of Fear; but when I inquired into it, I found nothing in it but such a natural Abhorrence of a Separation of Soul and Body, as I conceive is more or less common to all, upon such Occasions; and it did not discompose him. When we came to the Place of Execution, I went with him out of the Coach, into the Cart; and when the Ordinary had done what he usually doth in such Cases, I did, in few Words, but a Heart full of Satisfaction in what I did, present him to the great Saviour of the World, who, before, by my Ministry of Reconciliation, had received him to Favour. And when I had done, I asked him how he then found himself, and he told me, well satisfied: and so I left him to be turned off, with full Satisfaction, both of his Innocence, as to the Crime for which he suffered, and of his future blessed State. The Observations and Attestation of Mr. C. T. UPon the Sunday seven-night after Mr. Newland had received his Sentence, I was desired, by a Gentleman, who( having before often visited him) was then going to give him Absolution, and the Sacrament, to accompany him, with some others, to assist with our Prayers in that Holy Office, which I did very willingly, and was so affencted with the serious and dedent Behaviour of the Young Man, that I thereupon resolved to give him all the Assistance I could, but especially by the best Arguments I could, to fortify him against the Fears of Death, if God should see it good for him to suffer. I got Divines to visit him, and did myself never fail him twice or thrice a Day; all which he took most kindly and thankfully, and was always pleased with what I said or did. As he had received many good Instructions and excellent Advice from his Spiritual Guide, and other his charitable Friends; so it had produced that good Effect, as to beget in him such strong Resolutions of Amendment, as made me rest assured, that if God should be pleased to deliver him then, and to prolong his Life, he would not only prove himself to be a Penitent, and a good Man, but an useful Person in his Generation. He told me indeed that he had very hard Measure; and no more thought of being Condemned, than of Dying, before his trial; yet made no Reflections upon any, excepting one Witness or two; but owned and revered the judgement of God, as just upon him; and yet, at the same time, rejoiced in the Mercy, as a means whereby God had brought him to Himself. He said that he had often thought upon the Folly and Madness of an evil Life, and of the Mischiefs ill Company might expose him to, and has had thoughts to have left them all, but his Circumstances and easy Temper still delayed him; but that now his Eyes were open, and that he wondered at himself, and pitied all under his former Condition; and might it please God to spare him now, he would give a Testimony of it to the World, and that he desired to live chiefly for that purpose; and next to that,( as in a most obliging thankful manner, he said) that he might show his Friends that he would be that Penitent, that virtuous Person, they so much desired he might be. I told him, God's Mercies were infinitely greater than all his Extravagancies, and his Love unspeakable; and look what Pity, what Love, what yearning Affection could be in the dearest Friend in the World, to his most Beloved, that in infinitely greater Measure was in God to us; and from thence raised Arguments of Courage and Hope, from which he seemed to take Heart. He told me he had red over Dr. Scot's Book, which he exceedingly liked, and thought most reasonable: for there, says he, he shows how absolutely necessary it is to be Holy, that we may be happy; and that Heaven itself would not be Heaven to Sinners. How can I then, added he, who have lead a thoughtless Life, choose but be largely troubled with Fears and Doubts now that I am to die, and be extremely concerned about my future Condition, which those who have lead a virtuous Life need not to be. I told him those Fears and Doubts added to his fervent Resolutions of Amendment, were excellent Signs of an awakened Conscience, and of that just Reverence which is due to God, which the best of Men had, and could not be altogether freed from; and that those were happy Instruments to bring him nearer and closer to God; and so that they did make him redouble his Care, and his Prayers, and his Aspirations to God, there could be no hurt in them, though they followed him to the last Moment of his Life, God would secure his future Happiness, notwithstanding all his Fears and Doubtings to the contrary. When I told him that God, perhaps, might cut him off now, to prevent his future Relapses. He answered me, it might be so: but if he knew his own Heart, in any great degree, that he should never do; but be that as it would, he was then resigned and obedient. And, indeed, his entire Satisfaction and Resignation was very observable; yet I cannot say but that there was strugglings in Nature, and glad it may be he would have been to have escaped the Execution of his Sentence. All this, and much more, in Discourse with him, at several times, he said, with such a natural and unaffected Modesty and Candour, and his Behaviour all along was with so much Seriousness, and decent Composure, and with such a Sense of my Kindness to him, as, I must confess, did strangely move me to do all that I could to have preserved him; for I must have transgressed the Laws of Humanity, as well as of Christian Charity, not to have given Credit to him; and yet, that I might omit nothing necessary, or any way serviceable to a complete Satisfaction, before I made any Application, I informed myself in the Matter of Fact as well as I could, not only from his own Mouth, but from the Testimony of a very sober observing Gentleman at his trial, and from other good Assurances, found cause sufficient to convince me he really had no design not hand in the murder; whereupon I stated his Case, as I apprehended it, and left it with a Person of Quality. I did it in hast, yet took a Copy of it, and when I came back shewed it to him, and charged him, as he would answer it to God, to tell me if any thing in it was untrue; and he answered me in such manner as did very well satisfy me, that I had faithfully related the Truth, only he took Notice of one or two Circumstances a little mistaken, but they were not very material, and therefore not necessary to be inserted. When that short Reprieve was brought, I admonished him to put no Confidence in it; he told me, No; and that he had been busied all that Morning in an entire Offering of himself up to God. But that because we had been often Remonstrating to him, how that there must needs be some hidden Guilt in him, in the Business for which he was to suffer, more than he did discover, because that all Intercessions of his Friends had proved ineffectual. Now, by this Reprieve, he said we should begin to change our Minds, and that, from his Innocency, he did hope a Pardon might ensue, and that God would yet spare him; for which he Prayed hearty, both that we might believe him, and that we might see and know his Sincerity also. But God has otherwise disposed, and his Holy Name be praised. 'Tis no sure way of Arguing from likelihoods to Certainties; the wise Methods of God are unfathomable. Why God should suffer this poor( and I think I may in a great measure say) innocent Man, in his full Bloom, with these excellent Dispositions of Mind, to be cut off, when he might have done very much Good in the World, may be for most excellent Purposes to himself, and for manifold other Reasons; but to let these things alone, he easily dismissed his sudden Hopes, suppressed his Fears, and with a composed Mind received the final Answer; and at the very Place of Execution, at one time shewed such a rare Pleasantness in his Countenance, as could result from nothing, in my Opinion, but a supernatural Touch from God, and great Serenity and Satisfaction in his Soul, upon the sense he had of his own Innocence, and of the Mercy and Favour of God towards him; to which he was most affectionately recommended at his Turning off, with such a universal Prayer by all the Spectators, as some, who have seen many Executions, say, they have seldom known the like. I am fully persuaded of his good Condition, and do firmly believe, that this, which the World may think his greatest Misfortune, was designed, by the Wisdom of God, for the direct way to his greatest Happiness. The Observations and Attestation of Mr. J. H. BEing at Justice-Hall in the Old-Baily upon Thursday the Fourth Day of April, I saw Two Persons called to the Bar, by the Names of John gardener, and Francis Newland, upon an Indictment of murder, committed upon the Body of Francis Thomas, Esq; And Mr. Newland appeared so Young, and with so much Modesty and Ingenuity in his Countenance, that I gave very serious Attention to the whole trial: and did imagine, from my Observation of the Evidence, that the Jury would have made more difficulty in their Verdict against him, than they did: But finding myself disappointed of my Expectation, I thought that either some of the Jury did know more of his Guilt, than appeared to me by the Evidence; or some things of what were Sworn by the Witnesses for the King had escaped my Memory; and therefore took occasion, after he was Cast, to discourse the Judge upon the point: And from his Repetition of the Evidence, observed, that I had not forgot any part of it; but that the Jury had found him Guilty, because they believed him to be one of those who came up with drawn Swords, when Mr. Thomas was murdered: And he was pleased to say, at the same time, that he did not believe that Mr. Newland had any Design against Mr. Thomas, or did any hurt to his Person: It being an accidental Encounter, and none of the Witnesses being able to Swear that Mr. Newland engaged him. And upon my saying, I thought Death upon that Account very hard; he told me, That the King generally extended Mercy to such, when their Case was fairly represented. Being again there upon the Morrow, I saw a very Grave Gentleman wait upon the Judge, to know the Particulars of Mr. Newland's trial: In respect he was desired to visit him, as a Spiritual Guide, in order to the Preparing of him for Eternity: And heard the Judge again repeat the whole Evidence against him, and give his own Thoughts of the Matter very truly and freely: Whereupon the Gentleman going away, and the Court being again met, Mr. Newland was again called in, and received Sentence of Death. Hearing several Persons, upon the Saturday and Sunday following, express their Thoughts of the Hardship he suffered, and that the real Murtherers of Mr. Thomas might probably escape by his Death, which was expected would be the next Wednesday; I was induced to go and see him in Newgate the Monday after: That if then I found my Opinion of his Innocence confirmed by himself, to my Satisfaction, I might do all in my Power to procure a Reprieve for him; and do my utmost, in the mean time, to serve his Soul, because I had but little ground to expect Favour to his Body, in regard some great Persons were already prepossessed with very hard Thoughts against him. When I came to Newgate, I called him to another Room, where we stayed by ourselves a very long time: And after I had told him the Reason of my coming thither,( though we were altogether Strangers to one another) was, to do his Soul all the Service I could, since he was shortly to suffer Death for a most horrid Crime. He first thanked God, and then me, for such a Favour from a Stranger; and then said, he would willingly undeceive me of what mistaken Thoughts I did, perhaps, entertain of him, as to that barbarous murder he was condemned to Die for. And I must needs say, he gave me an Account of the whole Business with so much Modesty and Candour, as gave me much Satisfaction, as to that, at our first Meeting: But pretending otherwise to him, I pressed his being accessary to that base murder very home upon him, if possible I could observe any Prevarication in him; and therefore repeated the whole Evidence, as I heard it given against him at his trial, viz. That he, with several others, broken open the Door of a Dancing-School that Night Mr. Thomas was Killed: and departing all thence, at that time, they returned again about an Hour after, and committed several Disorders in it: after which( most of them taking lighted Candles in their Hands) they went all together out of the School, into the Street. That Two of that Company soon after threw down the Door of an Apple-Cellar, where Mr. Thomas was, giving him most abusive Language, whereby he was provoked to draw his Sword, and come up into the Street; whereupon one of them engaged with him, and the other, in a threatening manner, kept off any Person from Parting them; that he descended himself for some time against them, and that one of those Two was a Person of his Stature, and had such a Coat on as his was: but about Six others coming up afterwards with drawn Swords, he retired, and said, they would murder him: and before he fell down, had received two Wounds, one in his Breast, and another in his Back, which were believed to be Mortal: And that he was apprehended soon after, having a Belt and Scabbard, but no Sword; and being brought, upon his own Desire, before Mr. Thomas, he said, he thought he was the Man. I alleged him Guilty of the murder, from his having no Sword; because that imported his throwing it away, lest a Sword with Blood upon it( as his might have) being found with him, should have made much against him, at his trial; but especially what Mr. Thomas said himself with his last Breath. He very modestly answered me, that since I observed so well all that was said against him, he hoped I had not forgot the little that was spoken for him; and how much Partiality appeared to the whole Court, in the Coroner, who was ordered to manage the whole trial against him; of whom,( he said) perhaps I might have a further Account afterwards; and likewise see the Justice of God punish him for his unjust Carriage toward him, at that time. And as to what I first alleged, he told me, that upon the Tumult he observed in the Street, he drew his Sword, as all he saw have Swords also did; and coming near the Place, so soon as he saw James Philboy to be engaged with Mr. Thomas, he cried out, For shane part them: but Daniel Tully answered, No; all is fair. And, of a sudden, some one or other snatched his Sword out of his Hand, whether for the Sake of its Handle, or out of design to assist Mr. Thomas, he could not tell; but so it was, and he never heard more of it. And for himself, he was never within a considerable distance of Mr. Thomas, during the whole Fray; so that he had no reason to fear Blood upon his Sword, if it had been found upon him. And that I might also remember, that there was positive Evidence against James Philboy, and Daniel Tully, as being the Two Persons that engaged Mr. Thomas, so that he could be none of them. And, though some of the Witnesses, who knew none of the whole Company, said, that one of the Two Persons that engaged Mr. Thomas was of his Stature, and with such a Coat, yet, if that Manager of his trial had called other Two, who were principal Evidences for the King; but kept back, because he had not Twenty Guineas to give him;( for which Effect, he was thrice with him in Newgate.) I, and all the Court, would have heard every Circumstance of the whole Matter Sworn so plain, that all shadow of doubting his Innocence would have been removed; and that his Willingness to have saved Mr. Thomas would have evidently appeared: for those Two Witnesses knew both him, and the Two Persons that engaged Mr. Thomas particularly, and how he came to have a Coat like one of them. And did I but take the Trouble to discourse them upon the point, he questioned not their giving me full Satisfaction in every Particular: Which Account probably I might believe rather than his. As to what Mr. Thomas said, when he was Dying; he said, It was nothing strange, in respect he was near Death, and under strong inward Convulsions;( as one then present, to whom he directed me, could well inform me) and therefore, very unfit to give his Thoughts in that matter, at that time: and the Person that apprehended him was so unkind, as not to carry him to him immediately, though he earnestly begged it, and offered him a Guinea so to do: and this I might likewise know from the Person he had man'd to me. But further added, That he was not so much grieved with all that was to befall his Body, as to think, that when God and his own Conscience knew his Innocence, People should think him Guilty of so horrid and bloody a murder: And did therefore declare to me, with all Seriousness, as he must answer, within a very short time, to a Just and Holy God, that he knew nothing of the Quarrel when it fell out; that he did nothing to the Hurt of Mr. Thomas when he came up; but, on the contrary, had not Mr. Thomas run to the other side of the Street, where he fell down, he would have done his utmost to have saved him; and he hoped I did believe him to be in his right Reason, under the Apprehensions of Death, and sense of an Omniscient God, at the time he declared this; and therefore durst not venture to say any thing to me that had the least Falsehood in it. From this, and much more, that at several times past betwixt us, I was more and more moved to do what possible I could for a Reprieve for him. I went afterwards to most of the Witnesses that were Sworn at the Old-Baily against him, to that Person who was present when he was with Mr. Thomas, and to those Witnesses who were kept back at his trial; and by asking the Witnesses divers circumstantial Questions, I found he had been at a great Loss in not knowing how to manage his trial; and in not asking the Witnesses for the King Questions proper for him; to which, their Answers would certainly have cleared what was said against him: And from that Person who was present when he was with Mr. Thomas, and the Two Witnesses that were not called at his trial, I received all convincing Satisfaction( concerning his Innocence) that I could desire. And from the whole, I must needs think Francis Newland no more Guilty of Mr. Thomas's murder, than being unfortunately present at that, which, I really believe, he was desirous to have prevented. And now I shall return to our first Meeting in Newgate, that I may likewise give a short Account of what Temper of Soul I found him in, and what Satisfaction I had, as to its State, at his Death. I took occasion, at our first Meeting, to set forth the heinous Nature of Sin in General, and of that in Particular, for which he was Condemned, and endeavoured to do it in the most affecting way I could; as likewise the Necessity and Nature of Repentance, and Faith in Jesus Christ, without which he must certainly perish: and observed what I spoken, so to affect him, that he weep'd, and even trembling, because his Sins so dreadfully reflected( as he termed it) upon him; and were so many and great, and his Repentance so mean, that God would not have Mercy upon him. Perceiving this to be the frame of his Spirit, I asked him divers Questions, as to his Knowledge of the fundamental Principles of our Faith; as to his Sorrow for, and hatred of Sin, that had brought this upon him; as to his Love to God, who yet offered Mercy unto him; as to his Faith in Jesus Christ, who died to save such Sinners as he, upon true Repentance; and as to several other things; so that I might the better know how to svit my Discourse as well then, as after. His Abhorrence of himself, because of his Sins, and his Reflections upon his former Life, were such, that he could not mention any of his past evil Courses without deep Sighs, and many Tears; or of his former Companions, without the greatest Contempt imaginable, often saying, the Thoughts of Death and Hanging disgracefully were nothing to the terrible Thoughts his former Life afforded him; for unto the Sentence of Condemnation he humbly submitted, as unto the Holy Will of God, and blessed the Lord that it was the Occasion of his serious Thinking upon his past Life; and said, it might be the Wonder of the World, that God had not suffered him to be hanged long ago, and thrown him into Hell for his former Sins: And all he desired now in the World, was, that God would give him true Repentance for his Sins, and Faith in Jesus Christ, that died to save so great a Sinner as he was; and fill his Heart with true love to him, who had not damned such a wicked Wretch as he was long before: Complaining of Covent-Garden that had ruined him, by leading him into such wicked Company, as if his Father had lived and seen him use, he would have been ready to have hanged him with his own Hands. And saying, he cared not what all the Earth said or thought of him, if God would but have Thoughts of Mercy towards him; for his Thoughts now were quiter other from what they were before, hearty wishing it were so with all his old Comrades. Upon this, apprehending something of Comfort necessary for his Condition. I discoursed with him pretty long upon the Parable of the Prodigal, in Luk. 15. And of God's great condescension to Sinners upon their sincere Repentance, as he might see at large in Isai. 55. and Jer. 3. which I desired him to red and consider, and for that Effect left a Bible with him; and pressed him to remember, that his Sins could not be too great for the Mercy of God; but let them be as many, great, and dreadfully aggravated as they would, the Merit of Christ's Satisfaction is sufficient to purchase Pardon for them all, if he would but come to Christ weary of them, and take his Yoke upon him; and if he did so, he might assure himself that his kind Saviour would in no wise cast him out. And after much Discourse of this nature betwixt us, I prayed with him, and left him; and desired the frequent Prayers of some very pious Persons on his behalf, which they very earnestly did. Returning next Day to see him, he told me he had red and considered those Chapters, and what had passed betwixt us the preceding Night; and blessed the Lord most hearty for what Ease of Mind he had sound thereupon: and said, that although he durst not say, that he had such sorrow for, and hatred of Sin, and Faith in Jesus Christ, as he did wish; yet he hoped he might safely say, that it was the only thing on Earth he did most desire: and were he but so filled with Love in his Soul unto his Gracious Redeemer, as he observed the Saints always were; and was that Fear of missing the Favour of God, that he lay under, removed, he could say, in the Sincerity of his Heart, that he could willingly tread upon all things in the World( though formerly never so dear and pleasant to him) to be dead, that so he might be where he could sin no more against so dear and loving a Lord. And here he told me, That he had lived without any regard to the Observation of the Lords-Day, seldom going to hear a Sermon: yea, That he usually scoffed at Ministers, instead of Hearing, and following their Exhortations: That he seldom red the Scripture, if he could get a Play or idle History to red: That he gave his Tongue great Liberty to lie, and speak Untruths, but especially( which now of all things grieved him most) to abuse the Holy Name of GOD; and generally, in all his Discourse, to wish God to damn him: That he had been lead aside with lewd Women: That he was very Proud, and therefore would not embrace such employments as might have prevented his falling into so bad Company as he used: And several other things, which he hearty wished the Lord would preserve all other Persons from falling into; and prayed God might give them Grace to learn from him what to do, as he had done, lest they might meet with the same Fate that he was to suffer. This, and much more of this Nature, he expressed with as great Affection, Satisfaction, and Joy, that he found himself thus disposed, as ever I observed, I think, in any Person; his very Looks and Gesture demonstrating his Sincerity and Heavenly-mindedness at the time. Being surprised and overjoyed at this, I told him, I was exceeding glad to see the Return of Prayer so notable in his Case; and that, as I would never dissuade him from a Holy Fear, that being very consistent with Faith, but, on the contrary, press him to entertain a Filial Fear always; so I was persuaded these Desires came from God, since we could not of ourselves either do or will what is well-pleasing to Him, as such desires certainly were; and that therefore the Lord would perfect what he had begun in him: Whereupon, thrusting his Head into my Bosom, he burst forth into such a Flood of Tears, as surprised me; but upon my asking, What the Matter was with him? he told me, That his Fears of God's Wrath, and his Desires of his Favour, with the frightful Looks his former Life had, were ready to burst his Heart in pieces: yea, so it was, that sometimes he knew not whether he had a Heart or not: and upon this, he shewed me a Book,( which had been lent him) of a very Learned Author, wherein were some things that increased his Torture of Mind; but taking the Bible, I shew'd him an Instance in Scripture directly contradicting what was there said: whereupon, as he had Ease of Mind, so he bitterly cried for his neglecting to use the Holy Scriptures, which were so necessary and useful to one in his Condition, wishing none after him to do the like. Upon the Sixteenth at Night, I stayed with him very late, his Execution being expected upon the Morrow. And here, after some interchanges of Hopes and Fears, I observed in him a sweet Composure of Spirit, fit for a dying Man, and such Ease of Mind, as he begged God might continue to his last, which occasioned me to ask him more Questions than I had done for some Days before: and I must needs say, That for strength of Memory, readiness of Apprehension, and solidity of judgement, he was a Youth of a Thousand; for I was not able to explain to him any Question I asked him, in the beginning of our Acquaintance, better than he could do it to me now; yea, of several things I informed him of, to which he was much a Stranger before, he discoursed with that judgement and Feeling, which he had attained, as he said, by meditating and comparing of them with his own Condition, that I was at a stand to see it; and do really think, that if the Lord had prolonged his Days, and continued unto him the Grace he had given him after his Condemnation, he had proved, as well one of the devoutest Christians, as one of the best accomplished Youths in the Kingdom. At this time he told me, that those Chapters, Isa. 55. Jer. 3. and Luk. 15. had been extraordinary helps to his Soul; and that it had pleased the Lord signally to bless, for the good of his Soul, some other places of Scripture, which had been recommended unto him at other times; such as, Come unto me all ye that labour, and are heavy laden, and I will give you rest, mat. 11.28. He that cometh unto me, I will in no wise cast out, Joh. 6.37. Look unto me all ye ends of the Earth, and be saved, Isa. 45.22. Only aclowledge thine Iniquity that thou hast transgressed against the Lord thy God, Jer. 3.13. I was found of those that sought me not, and made manifest unto those that enquired not for me, Ro. 10.20. Come now and let us reason together, saith the Lord: though your Sins be as scarlet, they shall be as white as snow; though they be read as crimson, they shall be as wool, Isa. 1.18. O Israel, thou hast destroyed thyself, but in me is thy help, Hos. 13.9. Why wilt thou die, O House of Israel? For as I live, saith the Lord, I delight not in the death of him that death, Ezek. 18.31. And that had it not been for the Word of God, which he had formerly so much slighted, he had certainly been ruined by the Temptations of Satan, even in Prison. The next Morning I found him dressed in order to his Execution, and smilingly said, I thought he looked more like a Bridegroom, than a Person to be hanged: he answered me, he hoped he was one, and to be Married to one with whom he should have Everlasting Peace. But his Execution at that time was prevented by a Reprieve, not long after brought in; at which, though I did observe him, I did not perceive any great Alteration in him. That Evening I found in him some disturbing Thoughts; but after we had been some time at Prayer,( as three eminent Ministers had also been that Day on his behalf) it pleased God to assist him with Strength to overcome them, and renew his former Ease and Satisfaction. I went again several times next Day to see him: At Night, after all means that so short a time could allow for a further Reprieve had been used, but without his Knowledge, I found him in a pensive Condition concerning his future Estate. Whereupon I first went to Prayer with him for some time, and then discoursed with him largely of the many Changes the People of God have been under, even David himself, thinking at one Minute he should never be moved; but at the next, ready to think he was cast out of God's Sight; and therefore, such a wicked Wretch as he had been might admire that God did not draw him all along through Hell, until he had landed him in Heaven; and he might think it wonderful Love in God, to give such an one as he any thing but Torture of Soul, when the best of the Saints had suffered so much of it: And since it proceeded either from God, to try the Sincerity of his Faith and Repentance; or from the Devil, to cause him to despair of God's Mercy; his Work was, to keep close to Christ, and to depend only upon the Mercy of God, through him, come what will. And it pleased God to give him after this so much Ease of Mind, that at last he said, though I begged you to stay with me the Night before, yet now I will desire you to leave me alone, for I hope God will hear my Night-Groans, and relieve me: And so I wished him good Night. The next Morning, being the Day of his Execution, he met me smiling, and embracing me said, he had not been in Bed all Night; but God had given him such Ease, that he hoped I should not see his Countenance change any more. After he had received the Sacrament, and the Person who gave it him had discoursed with him in private, I again discoursed with him alone, and he gave me such Satisfaction concerning his hatred of, and sorrow for Sin, especially his own Sins, that had been dear to him in his Life,( as he expressed it) his Love to God, Faith in Christ, Submission to the Will of God, as to the manner of his Death, and forgiving every Person but himself, as made me amazed to behold the Riches of the free Grace of God in Christ so fully poured forth upon a poor Creature; and he spoken what he said with no less Sense and Feeling, than if he had been a Christian of more Years standing than he had lived in the World. And he said, he now desired to be gone, while he found any thing of the Favour of God towards him; and therefore cared not to say any more in Prison than this, I hearty thank you for all your Prayers and good Advices to me, they have not been in vain; and the Lord be with you until we meet where we shall love other for evermore. So leaving the Prison, I went in the Coach with him to the Place of Execution, and observed a Composure of Mind, attended with a dutiful Fear, all along. And when, upon the Cart with him, in Singing the fifth Verse of Psal. 32. which he had desired the Ordinary to Sing, I plainly perceived,( as all that saw his Face likewise might) of a sudden, such a Pleasantness and Lustre in his Countenance, as did seem to demonstrate a singular Manifestation of the glorious Favour of God upon his Soul: And thereupon, when all was done, and the rest had taken their Leaves of him, I spoken to him, and found him in a Heavenly Frame of Spirit, and well satisfied in his Mind, and taking him by the Hand, he said, The Lord be with you, and reward you for all your Kindness to me; for I cannot: But I now hope we shall meet in Heaven, where you will have your Reward. THere were others who visited this Penitent in Prison, and were well satisfied of his Innocence; and some of these could have written more largely, if they had thought it necessary; but this is more than enough, in a Case wherein there is no more to be said to the contrary: And this being so, it may afford Matter of sad Reflection to the Criminals, who have not only basely murdered one Innocent Person, but in effect, another besides, and he a Friend, whom they had before drawn into evil Courses, and such as brought Bitterness in the end: but withall, Matter of useful and necessary Admonition, to reflect seriously upon all their evil Courses, consider the end of them, and to put an end to them by such a Repentance as may bring Peace at the last, which, I doubt, can hardly be without Submission to Justice. And whereas it doth appear, that there were Two Persons Indicted for the same Crime, both of the same Company, both present when the murder was committed, and both equally Guilty, as must needs be, if neither was; and yet were so distinguished at their trial, that the One was found Guilty, and the Other Acquitted; this, if done through any secret Corruption of any Persons, because they had or had not Money, is Matter of sad Reflection to such Persons who, undoubtedly, have been guilty of such Practices before; for their State and Condition is, without all question, most desperate, and not to be otherwise remedied, but by giving Glory to God, by a public Confession of their Crime, and submitting to the utmost Severity of the Justice of the Nation. It is a Crime above the ordinary degree of murder, and such as brings such Guilt upon the Nation, as cannot be expiated but by Exemplary Punishment, if not such as may possibly be above the reach of an ordinary Indictment; for extraordinary Crimes may require extraordinary Authority to punish them. And it is a Matter which deserves, and crys aloud for the serious Consideration of all the Judges. For though I do not know that any of them is to be blamed for any Miscarriage in the Administration of Justice; yet it is certain and notorious, that Justice is often very ill administered in this Nation; and the Fault of that may, at last, be reducible to the Judges. Their Profession doth qualify them to discern what is amiss in the State, or in the Nation; and their Place doth oblige them to represent or propose it to the King, to the Parliament, to the country, and to such Bodies of the Commons of England, as are most proper to complain, as the Case may require; and without this, though they severally discharge their Duties never so well, they cannot( especially when there is so much need) but be very defective in the complete Discharge of their Duties, both to God, and their country. I have not known a better Constitution in the World, than our Civil Government, if it be well understood, and things were managed accordingly. And our Ecclesiastical Constitution would appear far better than it doth,( were it not too much hampered by the State) if the Governours of the Church did but well consider what doth belong to them in common, and exert that Power and Authority with that Resolution and Constancy that doth become Christian Bishops. But as things are, and for a long time have been ordered, we are reduced to such a degenerate State and Condition, as is unworthy of the Name of Christian; just such as hath, in former times, preceded some of the greatest Calamities and Revolutions that have been known in this Nation; and such as, perhaps, is now again not far off, if they, to whom it doth belong to take care for Remedy, do not look better about them. ERRATA. p. 15. l. 13. Apr. 7. r. Apr. 14. l. 14. deal gave him. FINIS.