THE ARRAIGNMENT AND ACQUITTAL OF Sr. Edward Mosely BARONET, Indicted at the King's Bench Bar for a Rape, upon the Body of Mistress Anne Swinnerton.  
january 28, 1647.  
Taken by a Reporter there present, who heard all the Circumstances thereof, whereof this is a true Copy.  
LONDON, Printed by E.G. for W.L. 1647.   

This trial was taken the 28 day of January, in the 23 Year of King CHARLES, An. Dom. 1647.  
SIR Edward Mosely Baronet indicted for Felony and Rape, upon the Body of one Anne Swinnerton, (Wife to one Mr. Swinnerton, a Gentleman of Gray's Inn) This trial was taken the 28th day of January, in the 23 year of King Charles. An. Dom. 1647. Before Mr. Justice Bacon and Master Justice Rolls in Hillary Term in, Baneo Regis.  
First▪ Sir Edward Mosely, appeared at the Bar and pleaded not guilty; Then Master Swinnerton and his Wife appeared to give evidence, Then the Court demanded of Master Swinnerton what council he had ready to open the Indictment, Master Swinnerton answered, that there had been such tampering with him and his witnesses to stop the prosecution, That he could get no Lawyers to open his Wife's case. The Court asked him whether he had spoken with any Lawyers to be of his council, He said he had, but none would undertake it, only Master Cook had promised him that he would open the Indictment for him, but he appears not, So that by the tampering of Sir Edward Mosely, Master Lowder, Master ja. Winstanly, Master Blore, and Master Brownnell and twenty more, none would assist him in the maintaining of the Indictment. These Gentlemen before named appeared in Court, and did not deny, but that they did use what means they could (in a fair way) to put up the business, betwixt Sir Edward Mosely and Mistress Swinnerton, which they conceived they might lawfully do, believing it could not possibly be a Rape, having had intelligence of some former passages in it; Then the Court said, Master Swinnerton if you had desired council, the Court would have assigned you council. Then Master Swinnerton proceeded with his evidence (saying) coming home to my Chamber, about six of the clock in April 1647. I found Sir Edward Mosely came rushing out of my Chamber, and I entering saw my Wife thrown upon the ground, with all her  torn, the Bedcloathes torn and hanging half way upon the ground, my Wife crying and wring her hands, with her clothes all torn off her head, her wrist sprained, Sir Edward Mosely having thrown her violently upon the ground, whereupon (seeing her in this condition) I asked her what was the matter, she said Sir Edward Mosely had Ravished her, Master Swinnerton further informed the Court, That Sir Edward Mosely two or three days before he did the Rape, said that he would ravish my Wife though he were sure to be hanged for it, Then Mistress Swinnerton began her evidence, saying, upon my Oath here I swear, That he said he would force me to my Bed, and then he swore God dam him; He would lie with me though he were sure to die for it, Then he takes me and carries me to a narrow place, betwixt the wall of the Bed, and with his hands forced my hands behind me, and lay with me whether I would or no, Then Sir Edward Mosely interrupted her, saying, did not your Husband come to the Chamber door at that time you pretended you were Ravished, and knocked at the Door, and I would have opened the Door for him, whereupon you said it is my Husband; Let the drunken sot stay without, and would not suffer me to open the Door, and asked her whether she did not say so, she said it was false, Then the Court demanded of Master Swinnerton what he said to his Wife when he found her in this manner, Master Swinnerton answered, I said that if she were ravished as she said she was, she must take her Oath of it, and indite him for it, and if she did not he would believe, that she had played the Whore with him, and he would turn her off, and live no more with her, and she should be Sir Edward Moselies Whore altogether, but (said he) being desirous to be further satisfied in the business I often sought for Sir Edward Mosely, but could not find him, for he had fled away from his Chamber.  
One day I met him accidentally in Holborn, and desired to speak a word with him, he said he knew my business, but he was in haste and could not stay; Then I told him I had earnest business with him, and I must speak with him, he told me he suspected I had some design to arrest him, and would not be persuaded to stay, than I pressed him that if he would go and drink a cup of Ale with me, he should come in no danger concerning any arrest at all; and if he than would give me satisfaction, I would not prosecute the Law against him: The Court demanded of him what he meant by satisfaction, Master Swinnerton answered, only to know what he could say to excuse himself, the Court said, why, would you believe him before your Wife? Master Swinnerton answered, my meaning was; if he could satisfy me that my Wife was consenting to it, I had rather wave the prosecution, then bring my Wife and myself upon the Stage, and this was my intent and no other.  
Then the Court asked Sir Edward Moseley how Master Swinnertons Wife came to be so with her  torn and ruffed in this manner (none but he and she being in the Room) Sir Edward Moseley answered, she always went very ill favouredly in her apparel: Then the Court asked Mistress Swinnerton whether there were any in the room but Sir Edward and herself, She answered, a little before there was my Maid, but I had sent her to the Baker's house for bread for my Children, and in the mean while he lay with me against my will.  
Then the Court asked the Maid what she could say, she said, when I came from the Bakers, and entering into the chamber, I found my Mistress crying, and wring her hands, saying she was undone; Also I heard Sir Edward Moseley say, before I went to the Bakers, that he would lie with my Mistress though he were sure to be hanged for it, and at all times he was wont to be very uncivil and rude when he came into the Chamber, once he came into the Chamber when I was there alone, truly I durst not stay in the Chamber, for I always observed, He was so lecherously given that any Woman were she never so mean would serve his turn; At this time he came into the Chamber a little before I went to the Bakers, I observed he would feign have thrown my Mistress upon the Bed when I was there, but my Mistress would not yield to it, but grew very angry with him, and said he was a rogue, and spit in his face, yet he would not let her alone, whereupon I told him, if he would not be more civil, I would call my Master, and if he came he would crack his crown for using my Mistress so uncivilly, Sir Edward Mosely answered he cared not a fart for my Master, and that for me I was a base Jade, and he would make me kiss his, etc. what said the Court, but the Maid having some modesty could not bring it out, then said her Mistress, he said she should kiss something that was about him, what was that said the Court again, Master Swinnerton answered, he said he would make her kiss his Arse, than the Court said to the Maid, you must not be so nice in speaking of the truth, being upon your Oath, Mistress Swinnerton said then came Master Ja. Winstanley to tamper with me from Sir Edward Moseley, and told me if I pleased to accept a hundred pounds, I should have it, if I would be reconciled to Sir Edward Moseley; Then the Maid said, my Mistress made this answer, she cared not for Money: Mistress Swinnerton said, it is true I said so; and this I said, If Sir Edward Moseley would down upon his knees and confess that he had wronged me, I would not prosecute him; But also I resolved that he should wear a Paper upon his Breast, or upon his Hat, acknowledging the injury he had done unto me: if he would do so I would forgive him. Then said she, Master ja. Winstanley desired to know where the place was in the room where I was ravished; where-upon I shown him. Master ja. Winstanley answered, this was such a place for such a business, that if I had the strongest woman in England, I could ravish her here whether she would or no.  
Then the Prosecutors for the King having ended their evidence: The Court asked Sir Edward Moseley what he could say for himself; He said, he had many witnesses, and desired that they might be examined what they could say in his behalf.  
Then Master Kilvert was called in, who appeared; The Court said, Master Kilvert though you be not upon your Oath, you must speak the truth in the fear of God, Master Kilvert answered, I know it my Lord; what I shall say here, I speak it in the presence of God, and I shall speak no more than what is truth: Mistress Swinnerton seeing of him, said I hope no body will believe what this Knave Kilvert will say, for he is a Knave known to all the Court, and all that hear him. Then Master Kilvert went on with his evidence, saying, I thank God this is the second time I ever came in this woman's company; the first time was at the Fleece Tavern in Covent-Garden, where she came to a Dinner to meet with Sir Edward Moseley: As soon as she had set down at the Table, she said, that this Room had been a very lucky Room to her, for once before in this Room, she had received three hundred pounds for the composition of a Rape, which she charged a Reverend Divine withal, I shall not stick to name the man, she said it was Doctor Belcanquell; this Doctor I knew him to be a reverend man, and to my knowledge is long since dead, and in Heaven; and for this Rape, she said then, she would not take under two thousand pounds for a composition of Sir Edward Moseley, which she said was little enough, he having three thousand pounds a year. Mistress Swinnerton hearing of this clapped her hands at him, and said, he was a Knave, and a Rascal, and all was false which he said.  
Then the Court said to her, Mistress Swinnerton you should carry yourself soberly and moderately, otherwise you will disparage all your witnesses. Then the Court asked her whether she did meet at this Tavern (having affirmed before that she never was in Sir Edward Moselys company but in her own chamber) whereupon she staggered at it a little and loath to confess it, at last she answered, True, she was there, but this Rascal Kilvert had bewitched her to come thither. Master Kilvert said further, after she had sat a while at the Table, she takes her stool and removes it to sit next to Sir Edward Moseley, and there falls hugging and embracing him; whereupon said he, surely Lady whereas you say Sir Edward hath ravished you, I do believe rather you have ravished him, otherwise you would not make so much of him, so Master Kilvert made an end of his evidence.  
Then Master Wood another witness, said he met her at Islington in Sir Edward Moseleys company, and there she confessed to him that Sir Edward Moseley had many times left the Key of his Chamber with her, to go to him when she pleased; and she said, she had often made use of it. Then said this witness, after I had seriously looked upon her, and seeing of her a woman of that strength and body, I said, I wondered Sir Edward Moseley should ravish her: She said, do you wonder at that, why? do you take me behind the Bed there▪ (there being a Bed in the Room) and see whether you may not do it.  
Another witness said that she had confessed to him that Sir Edward Moseley once lay with her, with her consent; afterwards she asked him, now what will you give my Maid you must give her something? he answered, I'll give her forty shillings, whereupon she said, forty shillings, that's base, you cannot give her less than ten pound and a Silk Petticoat; But saith she, when he went forth of Doors, she said he gave her nothing but a Groat, and so basely went his way.  
Another Witness said he heard her say, (that it being generally known that Sir Edward Moseley had ravished her) she was like to lose many of her best customers in Town.  
Another Witness said he heard Swinnerton say, that if she would not take her Oath that she was ravished by him she should never be no Wife of his: Afterwards Mr. ja Winstanly was called into the Court, He said, 'tis true she took me, and shown me the place where she was ravished. He wounding how Sir Edward being but a little Man and she such a lusty Woman should be ravished by him! Why said she should you wonder at that? Then she put her Leg between my Legs, and put her other Leg setting her Foot against the Wall, saying now in this posture as you see me here, I myself could ravish any Woman whatsoever.  
Another Witness said, the night before she went to prefer the Bill of Indictment against Sir Edward Moseley, she confessed she had like to have been distracted and run mad, for fear the Grand Jury should find the Bill.  
Two other Witnesses affirmed upon their credit, whereas it was said by Master Swinnerton and his Wife, That Sir Edward Moseley fled from his Chamber immediately after the act was done, They said they had daily recourse to his Chamber, and walked to and fro with him, sometimes in Gray's. Innewalkes, sometimes to Westminster, and to other places in the Town for six Weeks together, after this pretended Rape, and many times they saw Mistress Swinnerton stand at her own door looking upon him, as he passed by (which was but six steps from Sir Edward's Chamber door) and never questioned about it, but oftentimes (they said) seeing her stand watching there, they feared she would go up to him, and tempt him to wickedness.  
Then evidence being given on both sides, the Jury went from the Bar and returned, and gave their Verdict, That Sir Edward Moseley was not guilty, Then the Court said Sir Edward Moseley, take heed what company you keep hereafter, Let this be a warning to you, you see in what danger you bring yourself to in keeping ill Company.  
FINIS.   

Jmprimatur Gilbert Mabbot.  
February 8.1647.