AN ACCOUNT OF THE TRIAL OF Charles Bateman, Chirurgeon, FOR High-Treason, IN CONSPIRING The Death of the late King And the Subversion of the Government, etc. Who was Tried and found Guilty, at Justice-Hall in the Old Bailie, on the 9th. of December, 1685. THE TRIALS OF John Holland and William Davis, For Conspiring against, violently Assaulting, and without any warrantable Cause, Imprisoning William Chancey, Citizen and Mercer of London; to extort a Sum of Money from him; who were Tried and found Guilty at Justice-Hall in the Old-Bayly, on the 10th. of December, 1685. As also Trials of John Holland, William Davis, and Agnes Wearing, for a Notorious Burglary and Felony, Committed in the House of Leonel Gatford, a Minister in Lime-street, London, and stealing Plate, Money and Rings, to the value of 300 l. who were Tried and found Guilty, at Justice-Hall in the Old-Bayly, on the 11th of December. 1685. LONDON, Printed for D. Mallet, MDCLXXXV. THE TRIAL OF Charles Bateman Chirurgeon, FOR High-Treason: And John Holland, William Davis, and Agnes Wearing, for a Notorious Felony and Burglary. THE Sessions of Peace, Oyer and Terminer, and Goal Delivery of Newgate, for the City of London and County of Middlesex; beginning at Justice Hall in the Old Bailie, on the 9th. of December, 1685. Charles Bateman, against whom, an Indictment of High-Treason had been found, for Conspiring the Death of the late King, etc. was brought in the Custody of the Keeper of Newgate in order to his Arraignment; and being ordered to hold up his hand, he desired that he might first say something for himself, in order to put off his Trial, but was told by Mr. Recorder, he must plead before he could be heard; whereupon desiring to know whether he might have the same advantage after his pleading as before, as to gain longer time for his Trial, and being answered he might, he held up his hand, and then the Indictment was read: Mr. Bateman pleaded not Guilty, and desired his Trial might be put off, saying, He was not prepared to make his Defence, and therefore prayed a longer time, saying, He had been close Prisoner for the space of ten Weeks, and was over and above very much indisposed; and further alleged, he had had no Notice nor any Panel of the Jury; as for notice of Trial, he was answered, that it was not usual to give any in that Court, but that he ought to have expected it, and prepared for it accordingly, and as for the Panel it was not denied him; then he prayed a Copy of the Indictment, but was told it could not be allowed; and upon his further alleging his unpreparedness and no notice of Trial, and the like, the King's Council urged that he had opportunity enough to take notice of his Trial, for that it was upon an Indictment of the precedent Sessions: Then he asked what time he might have between his Arraignment and Trial, and was answered, as much as would stand with the conveniency of the Court; and after several hours Respite, he a second time was brought to the Bar, and then upon his humble request, Pen, Ink, and Paper was allowed him and his Son to assist him; and then were sworn to try the Issue, Richard Aley Esq Richard Williams John Cannum Patrick Barret John Palmer James Raynor. Edward Radish George Lilburn. Daniel Fouls Peter Floyer Laurence Cole John Cooper. And he making no exceptions to them, than the Indictment was read. The Jurors, etc. THAT Charles Bateman, late of the Parish of St. Dunstan's in the West, in the Ward of Farringdon without, Lond. Chirurgeon, as a false Traitor, against the most Illustrious and Excellent Prince, Charles' the Second; late King of England, Scotland, France and Ireland, Defender of the Faith, and his Natural Lord; not having the fear of God in his Heart, nor weighing the Duty of his Allegience; but being moved and seduced by the instigation of the Devil, the Cordial Love, and true Due and Natural Obedience, which a true and Faithful Subject of our late Lord the King, towards him should, and of Right, aught to bear, altogether withdrawing and Practising, and with all his strength, intending the Peace and common Tranquillity of this Kingdom, to disquiet, and disturb, and War and Rebellion against our late Lord the King, within this Kingdom to flir up, move, and procure, and the Government of our late Lord the King, of this Kingdom to subvert, and our said late Lord the King, from the Style, Title, Honour, and Kingly Name, of the Imperial Crown of this Kingdom, to depose and deprive, and our said late Lord the King, to Death and final Destruction to bring and put, the 30th. Day of May, in the 35th Year of his Reign, and divers other days and times, as well before as afterwards, at the Parish and Ward aforesaid, Falsely, Maliciously, Devilishly, and traitorously, with divers other Rebels and Traitors to the Jurors unkown, did Conspire, Compass, imagine, and intent our said late Lord the King, than his Supreme and Natural Lord; not only of his Kingly State, Title, Power, and Government of his Kingdom of England, to deprive and depose, but also our said late Lord the King, to kill, and to Death, to bring and put, and the Ancient Government of this Kingdom, to change, alter, and subvert; and a miserable Slaughter amongst the Subjects of our said late Lord the King, to cause and procure, and Insurrection and Rebellion, against our said late Lord the King, to procure, and assist, and the same most Wicked, Treasons and Traitorous Conspiracies, Compassing, Imaginations and Purposes aforesaid to effect, and bring to pass. He the said Charles Bateman, as a false Traitor, then and there, (to wit) the said 30th. Day of May, in the 35th. Year aforesaid, and divers other days and times, as well before as afterwards; at the Parish and Ward aforesaid, Falsely, Unlawfully, most Wickedly, and traitorously, Did promise and undertake to the said other false Rebels and Traitors then and there being present: That He the said Charles Bateman, would be assisting and aiding, in the taking and Apprehending the Person of our said late Lord the King, and intaking and seizing the City of London, and the Tower of London, the Savoy, and the Royal Palace of White-Hall, against the Duty of his Allegience, against the Peace, etc. and against the form of the Statute, in this Case made and provided, etc. Mr. Phips, Council for the King opened the Nature of it, and was seconded by Mr, Sergeant Selby and Mr. Charles Moloy, after which, Mr. Josias Keeling was sworn, whose Evidence was, that he had been at divers meetings and Consults, where the methods had been proposed for the purposes aforesaid, and more particular one time with Rumbold the Maltster, since Executed for High-Treason, and that then, three Papers were produced by Rumbold and opened, containing the Moddel of the Design, to divide the City into Twenty Parts, and to raise Five Hundred men in each Part, to be under one Chief, and Nine or Ten Subordinates' whom he should appoint, the Names of the Lanes and Streets of each Division being likewise inserted therein; and at that time Rumbold proposed the Business of the Rye House, saying, He had a House very convenient to plant men in, to seize the King in his return from New-market, but that he somewhat boggled about the Killing the Postilion, which had been proposed the better to stop the Coach, because it looked too much like an Exploit in cold Blood: He further deposed, that he had been at divers other places where it had been discoursed to the same effect, and that Mr. Bateman was looked upon as a Person fixing to manage one Division in order to an Insurrection, to seize the Tower, City, etc. This being the Sum of Mr. Keeling's Evidence; Mr. Bateman said, that what he had sworn, did not affect or charge any Treason upon him; and was answered by the Court that it did not, and bid the Jury take notice, that what Mr. Keeling had sworn, was only to the Conspiracy in General, and did not affect the Prisoner in particular. Then Thomas Lee was sworn, and gave Evidence, that he being made acquainted with the Design by Mr. Goodenough, etc. and how the City was to be divided into Twenty Parts and managed; and being asked who was a fit man to manage one Part, he nominated Mr. Bateman, and thereupon was desired to go to him, and speak with him about it as from Mr. Goodenough; and when he came to discourse him about that affair, he apprehended very plainly, that he was no stranger to it nor boggled to give his assent, and seemed much desirous to speak with Mr. Goodenough about it: That he likewise went one day to the late Duke of Monmouth's House with Mr. Bateman; and Mr. Bateman, after he had had some Discourse with one of the Duke's Servants, came to him and told him, the Duke was willing to engage in the Business, and assured him, that he had divers Horses kept in the Country, to be in a readiness when matters should come to Extremity; and from thence he went with him to the King's- Head-Tavern, and there had discourse to the same effect; and from thence, they came to the Devil-Tavern within Temple-Bar, where Mr. Bateman proposed the seizing the City, Tower, Savoy, White-Hall, and the Person of the late King, and promised not to be wanting therein. At another time, he met him at the Half-Moon Tavern in Aldersgate-street, where discoursing about the Condition th'- Conspirators were in. As to the intended Insurrection, he said, man's hand, he would not be wanting to Employ his Interest, and that there were other Discourses tending to the Insurrection, but were broke off by the coming in of one John Allmeger, before whom, Mr. Bateman would not discourse, because he knew not of his coming. Mr. Lee being asked the Design of that meeting, replied it was upon the Account of carrying on the Conspiracy, and that Mr. Bateman had told him, that he intended to take a house near the Tower, to place men in, in order to surprise it, and that he had held divers Conferences with some Sea Captains on that affair; and that he had been with them at Coffeehouses, etc. at sundry other times, but there to prevent Discovery, they spoke of the Design at a great distance. To this Evidence, Mr. Bateman objected that if he had been conscous of what was laid to his Charge he was fit for Bedlam, saying, He wondered if he had heard him speak such words, he had not accused him sooner; but was answered, that Mr. Goodenough was not to be had till after the Rebellion in the West; and that Lee's single Testimony in Case of High-Treason in so high a Nature, was not sufficient. Then Mr. Richard Goodenough was called, who being sworn, deposed that being in compaay with Mr. Bateman (to the best of his remembrance) at the Kings-Head Tavern in St. Swithings-Alley near the Royal-Exchange, and having some Discourse about the intended Insurrection, and of Wade and others that had engaged to promote it. Mr. Bateman not only approved of the Design, but promised to use his Interest in raising men; and not only to be assisting in the Division allotted him, but in surprising the City, Savoy, etc. and in driving the Guards out of Town. To this he objected, that he was not at the Kings-Head with Goodenough, to which Mr. Goodenough replied, He had not sworn positive to the place, though he verily believed that was the place; but however, as to the Discourse and Words then spoken by Mr. Bateman he was positive. The Evidence being thus full against Mr. Bateman, and he liberty granted him to make what defence he could, he desired that Sir Robert adam's might be heard, in relation to a false report the said Mr. Lee had raised of Sir Robert and others, and Sir Robert being in Court, gave Evidence that there had been a report abroad said to be raised by Mr. Lee, that he (viz.) Mr. Lee had beaten three Knights, and that Mr. Lee had came to him and asked his Pardon, acknowledging the thing in itself was altogether false. To the same purpose Sir Simon Lewis was called, but appeared not. Ames Child being called by Mr. Bateman, to testify his knowledge of Mr. Lee; and being asked what he could say against him, Declared, That he knew nothing to the contrary, but Mr. Lee was an honest man. One Baker being called by Mr. Bateman, to testify that Mr. Lee would have subborned him against him to his prejudice, some Years since, of which he had made an Affidavit before Sir. William Turner, and the said Baker not then appearing in Court, he desired Sir William Turner to give some account of Baker's Examination, which he said Sir William had taken, but it being above two Years since, Sir William declared, He could not charge his memory with any of the Particulars contained therein. Mr. Tompkins Sir William Turner's Clerk being called, and asked what he could say concerning any Examination of Baker's taken before Sir William, that related to Lee; he said, there was an Examination taken Anno 1683. wherein Mr. Lee was mentioned; but to the best of his Remembrance it was returned before the King and Council, and he could not give any account of the Particulars. Then Mr. Bateman desired to know upon what Statute he was Indicted, and was informed by the Court, That the Treason wherewith he stood charged, was Comprehended within the 25th. of Edward the 3 d. and the 13th of Car. 2. by Overt-Act; and having little more to say in his own Defence. After a favourable hearing of all he had materially to offer, and his Son having been allowed by the Court to assist him, in looking over his Notes, and calling his Witnesses, by reason he through sickness pretended himself incapable. Then the Lord Chief Justice of the King's- Bench Summed up the Evidence at large, and omitted nothing that might be for the advantage of the Prisoner, whereby the matter was fairly, fully, and clearly left to the Jury; and thereupon Mr. Bateman was taken from the Bar, after which, the other Prisoners being called and Tried, and the Jury ready to go forth to consider of their Verdict, Mr. Bateman's Daughter came in and besought the Court, that Baker, whom she said she had found out, might be heard against Mr. Lee, but Mr. Lee being gone, and the Trial already over, the King 's Council opposed it, unless Mr. Lee could be found (which he Could not be at that time) and the Court having delivered their Opinion that it was not convenient to examine any Witness after the Jury had received their Charge, it being a very ill precedent and of dangerous Consequence; yet some of the Jury desiring it, the Court to prevent any Objections that might be made, consented, and Baker had leave to speak, whose Evidence was, that being in Company with Mr. Lee, some time in the Year 1683. and discoursing about divers matters, he bade him go to the sign of the Peacock, and to the Angel and Crown, to a Chirurgeon, and a Linen-draper whom he named, the former of which he remembered to be the Prisoner, and to insinuate himself into their Company and discourse them; and when he demanded of Mr. Lee to what end he should do it, or about what he should discourse them, he told him it might be about State Affairs, and by that means he would find a way to make him a great man; and when he excused his attempting to intrude into such Company as was above him, he being but a Shoemaker, Mr. Lee told him he knew that, he kept Company with such, and such men, and why could he not as well do it with those he had mentioned, and of this he said his Examination was taken before Sir William Turner; but this being nothing to the purpose, but was rather looked upon as a Design, Mr. Lee had to make a discovery of the Conspiracy, if he could have procured further Evidence to have Corroborated his own, and Baker being looked upon as a broken Fellow and that he lodged near the Session's House, and yet came not in before though often called, the consideration of the whole matter was left to the Jury, and an Officer being sworn to attend them went out, and after about half an hours debating that, and what else was before them, gave in their Verdict, that Charles Bateman then at the Bar, was Guilty of the High-Treason as laid in the Indictment, which Verdict was accordingly Recorded, and the Prisoner reconveyed to Newgate; and being again brought to Justice-Hall, on Friday the 11th. of December, in order to receive Sentence; and upon holding up his hand, being asked What he could say for himself, why the Court should not give Judgement against him according to the Law: He desired to know whether Mr. Goodenough was fully pardoned, and was told, that as for the Out-lawrey he was pardoned, and that his Pardon had been allowed and approved of in that Court, and in the Court of King's-Bench, and for any thing else he was not Prosecuted: Then he said his Opinion was altogether for Monarchy, and that he hoped he should have an Advocate with the King but; had nothing more material to offer. Then Mr. Recorder, after having spoke several things in aggravation of that great Crime, whereof, after a fair and favourable Trial, he was Convicted; advised him not to flatter himself with hopes of Life, and thereby delay his Repentance necessary for his future happiness, pronounced the Sentence, which was, That he should return to the place from whence he came, from thence be drawn to the place of Execution, there to be hanged by the Neck, and whilst alive be Cut down, and his Bowels to be taken out and burnt; his Head to be severed from his Body, and his Body divided into four Parts, and that his Head and Quarters be disposed of, at the Pleasure of the King. Upon this, he prayed a Divine might have leave to come to him, as likewise his Relations, which being allowed he departed the Court, and was on Friday the 18th. of December, Executed at Tyburn according to Sentence. FINIS. The Substance of the Trial of of John Holland, and William Davis, who were Tried and committed, for Conspiring against, and falsely imprisoning William Chancey, Citizen and Mercer of London, at Justice-Hall in the Old Bayly. On the 10th of December, 1685. UPon an Indictment found against Edward Hays. William Price, John Holland, and William Davis, for Conspiring against, violently Assaulting, and forcibly Imprisoning, for the space of six hours the Person of William Chancey, Citizen and Mercer of London, against his will, and without any warrentable Cause, whom they falsely Charged with uttering divers Treasonable Words, to extort from him a Sum of money, etc. John Holland and William Davis, were brought in the Custody of the Keeper of Newgate, to Justice-Hall in the Old-Bayly, where upon their Arraignment they pleaded not Guilty, and desired their Trial might be delayed, seeing they were not prepared to make their Defences, and were thereupon taken from the Bar, but on the 11th. of December, 1685. the Lord Mayor, Mr. Recorder, Sir Henry Tulse, and other Aldermen, being present they were brought up a second time, and ordered to look to their Challenges, but making no Exceptions the Jury was Sworn, viz. John Meridale Benjamin Boltby John Baly Thomas Barns Richard Bromfield Samuel Linn Edward Hemstead Robert Longland Samuel Bishop James Fern William Wheatly Thomas Phelps The Indictment being read a second time, the Council for the King opened the Nature of the Fact, of which the Prisoners stood accused in all it's unparralled Circumstances, and then to proceed to Swear Mr. Chancey, who gave Evidence, that on Saturday the 28th. day of November last, he was informed that a Boy had been sent from the King's- Arms Tavern in Lawrence-Lane London, about Four of the Clock in the Afternoon, to let him know that there were two Gentlemen that desired to speak with him, whereupon he went, and being showed where they were, found them to be Hays and Holland, the former of which he had some small Acquaintance with, he having been once a Citizen, but as for the latter at that time he knew him not. Hays after a Compliment had passed, desired to speak with him in private, but Holland whom Hays called Captain Holland, was somewhat against it, saying, they might speak what they had to say in his presence, but in the end he retired, when Hay's in a melancholy Tone, cried out, O! Mr. Chancey I am the unfortunatest man alive, for being the other day in the Company of the Captain, I chanced to let fall some words said to be spoken by a Merchant in London, which proved to be Treason, and with which I am charged, and am now a Prisoner to the Captain, and therefore am obliged to produce you as my Author; upon this Mr. Chancey being a little surprised, as not knoing to what it might tend; and not being conscious of any thing of that Nature, replied, He had never spoken any treasonable Words, and that he knew not what he meant, whereupon as probable it had been agreed, Holland came in and demanded of Hays, if that was the person, meaning Mr. Chancey, that had spoke the words, to whom Hays replied he was: At which Holland told him He was his Prisoner, and must go with him to White-Hall, before the Secretary of State; then Mr. Chancey demanding to see his Warrent, he told him He was a Captain of the Guard, and that a Captain of the King's Guard had power without a Warrant to seize any person for High-Treason, with which he was charged; then Mr Chancy desired to send for some friends, but Holland would not hearken to that, telling him he must instantly go with him out of the damned Factious City, as he termed it, but withal that he would call at the Crown tavern without Temple-Bar; whereupon they stopping in Cheapside, Mr. Chancey found an opportunity to send a person to his Brother, to let him understand what had happened, and that he was going to White-Hall, but should stay at the Crown Tavern, and thither he desired he would come to him, and all the way as they were going, Holland railed and cursed Hays, that he being one of his Majesty's Servants, should be such a Vilan as to conceal Treason, but Holland understanding that Mr. Chancy had sent for his Brother, and fearing the business might be discovered, would not suffer him to stay at the Crown Tavern nor send word where they were gone, but caused the Coach to drive to the Fountain Tavern in the Strand being nigh the Savoy, where he said he could have several Files of Musquettiers to secure him if need required, and there it was that after some threats of Soldiers, Messengers, and Imprisonment, and Execrable Oaths that he would run him through if he offered to make an escape: Hays began to tamper with him, letting him know that the business yet might be hushed up by stopping the Captain's mouth with a Sum of Money, since none but he could detect it; but finding him absolutely averse to it, and whilst they were thus discoursing, word was brought up to Holland that there were two of his Kinsmen that would speak with him, and accordingly they were brought in and we were ordered to take no notice of the business in hand; they discoursed of the Rebellion in the West, he took them to be Welsh, for the same time (as he guessed) they talked that Language; they being gone, and he not willing to give any money, to White-Hall we must go; but Mr. Chancey observed that Holland paid two Reckonings for a Company in the House then present, beside their own; when we came to White-hall-gate, Hays cried, and stamped, and desired for God's sake we might not go in, for if we should, he and his family were certainly ruined, for he had two places at Court worth Eight hundred pounds, and he should lose them both, besides being Pis'● upon by every body if this matter should come public, therefore desired we might go to the Swan Tavern in Westminster, which accordingly we did, there they both argued that it would be for both our Interest to comply with the Captain in his proposal beforementioned, that is, to give Holland Two hundred pounds, for that it was in His Breast alone at present, but if we should be carried before a Secretary, or put to the hands of a Messenger, it would be then out of his power; but Mr. Chancey still persisted that he would not give any thing, whereupon to White-Hall we must go (says Holland) in order to be Examined, and then the said Hays declared that I was the person, which the Merchant should say spoke those Words; however he was never brought before any body, albeit he was carried to several places in White-Hall for that: Holland pretended the Secretary was busy; but after some stay, he said he would deliver us into the hands of a Messenger which he was informed was at the Fountain Tavern in the Strand, whom (as he pretended) he had sent for when we were there before, and accordingly thither he carried us; but there being no Messenger, he then said he would send for one, and accordingly Mr. Chancey thought that Halland had sent for one, but Hays and he still continued their persuasions to give two hundred pounds, but finding him unwilling to give any thing, Captain Holland draws up a pretended Information of High-Treason against him only, which being done, word was brought that two of the Gentlemen that were in Company with them the last Night were in the house; Holland desired them to come in, Hays in the mean time called Mr. Chancey aside, and strongly persuaded him to comply with the Captain's demands, saying, that if he had not money enough, he would prevail with the Captain to take his Bond, and that he himself would be bound with him, and then he would be no more than One hundred pounds out; however the two persons being come in, and as was afterwards informed, one was Mr. William Davis, and the other Mr. William Price whereupon Mr Holland reads the Information to them, which he had just before written, and told him that Price was a Barrister; then Price did affirm that the words were High-Treason, and persuaded him to comply, saying, it was the best hundred pounds that ever he parted with in his life, adding if he were innocent, that the delays, the neglect of his business, and the charges would amount to a greater sum; likewise Davis that came in with him, persuaded him to it also, and Holland swore he would send him to Prison without carrying him before a Justice of Peace; and added, that one Delawne had been in Newgate for several Years and never knew for what, and that he was like to lie there as long as he lived, and that Cornish was hanged for only hearing a Treasonable DECLARATION read, and that his Gild was greater, having spoken words at length, finding by their Discourse they would stick at no Oath for interest or revenge, and knowing it was Sunday Morning, and not knowing what manner of men he had to deal with, nor what they might swear falsely against him, tired by hurrying him up and down as aforesaid, and somewhat affrighted with their menaces at the reiterated importunity of Hays, who pretended himself to be in the greatest Consternation imaginable, for fear the business should come to light, and in hopes to be rid of his dangerous Company, that he might at leisure consider better what he had to do; he consented to enter in to a Bond with Hays in the Penalty of 400 l. for the payment of 200, and the Bonds to be made to Holland; but this would not be accepted till he farther consented to sign a Warrant of Attorney, to confess Judgement upon the Pond. This being concluded upon, Holland sent his Footboy to call up Mr.— a Neighbouring Scrivener to make the Writings, it being then between Two and Three of the Clock on Sunday Morning, Who was very unwilling to rise at so unseasonable an hour; but being told there were divers Gentlemen at the Fountain that must needs speak with him, to draw some Writings upon an urgent occasion, he at last went, and there found Holland, Hays Davis, Price, and Mr. Chancey, and that the Instructions were ready drawn up, which he took into his own Notebook, and so went home to draw up the Writings, where he had not been long e'er Price came to him, and told him that he must Date the Bond any day in Trinity Term last, the business so requiring, whereupon he Dated it the 21th. of June, so that it became payable the next day after it was signed. This the Scrivener ignorant of the Consideration thinking pretty hard, and that a Judgement was to be confessed upon it without a Defeasance, made some scruple to do it; but Price assuring him it was so agreed for sundry Reasons best known to themselves, he brought the Writings, and spared not to say as much in the Company, but Mr. Chancey not contradicting it the Bonds were signed, but the Warrant of Attorney being purposed, he scrupled to sign it, and whispering Holland in the Ear, said, What need this, will not my Bond suffice? but he and his Accomplices crying out, Are not we agreed? Is it not so agreed? etc. and Hays without boggling signing on his part, Mr. Chancey with some Reluctancy did the like, and then the Scrivener proposing it was convenient to have Releases to Bar any former Consideration for which the Bond might be given, they willingly assented to it, and it was signed by Holland bearing Date before the Bond, whereupon the Scrivener was discharged, and Mr. Chancey had leave to go about his business, and then Mr. Chancey further deposed that on Monday the 30th. of November, Holland sent his Footboy with a Note directed to Mr. Chancey, at his house in St. Laurence Lane, informing him that he had a present occasion for 20 l. and that he must needs furnish him with that Sum, as likewise with Silk to make him a Cap, a Nightgown and a pair of Slippers, promising to use him very kindly in the payment of the rest, and to take out part of it in Wares, which was confirmed by the Footboy being sworn, but Mr. Chancey by this time being better advised, and finding it was a Cheat, and understanding by the Boy where his Master was, under pretence of furnishing him with the money and goods he had sent for, found means to secure him; who being carried before a Judge, was upon the Oath of Mr. Chancey Committed to Newgate, and Price being soon after taken, was Committed to the King's- Bench and afterwards together with Hays was bailed to appear at the King's- Bench, as it was suggested to the Court. To this Holland pleaded he only took the Bonds to oblige the Parties to appear before the Secretary of State, and that he did it to save himself harmless, there being no Consideration why Mr. Chancey should be otherwise obliged to him, and that he had made his report of the matter to a person of Quality, who told him he had over done his business. Davis pleaded that he was ignorant of the matter as to the contriving of it, and only came in by chance as he was going to his Lodging that was near the Fountain Tavern, and was desired to stay as a Witness to the Writings; whereupon Holland's Footboy being sworn, gave Evidence, that he had seen Davis pass through the King's- Arms Tavern in St. Lawrence-Lane, when his Master and Mr. Hays were above with Mr. Chancey, and farther that he had after that been to look for him to come to his Master. This Objection being answered, he proceeded to intimate that Mr. Chancey was a disaffected person, and that Hays had affirmed he heard him speak these words, viz. That the Rebellion in Scotland was no Rebellion, but a mere trick to get money, or to that effect; whereupon Mr Chancey called several worthy persons to testify his Behaviour, and first Sir Edward Waldon with whom he had served his time, who declared that he had all along behaved himself civilly and modestly, and that he ever looked upon him to be a very Loyal Person, and well affected to the Government; adding, that he had been so faithful a Servant, that he could not enough commend him. Sir Robert Adam's being desired to testify his knowledge on this occasion, declared, that he had known him many years, and that he always took him to be a very honest Loyal man. Mr. Brough, the foreman of the Grand Jury for London, testified the same as did some others of known Loyalty and Integrity; so that the Jury receiving the Charge by Mr. Recorder, in which all was most exactly summed up that had been sworn against the Prisoners, etc. and Defence they had made for themselves, they withdrew, and within the space of half an hour gave in their Verdict, that John Holland and William Davis were Guilty of the Conspiracy, Assault, and false Imprisonment, as laid in the Indictment. THE TRIALS OF John Holland, William Davis and Agnes Wearing, for a Felony and Burglary: Committed in the House of Mr. Leonel Gatford, Minister in Lyme-street, on the 11th. of September, 1685. JOhn Holland and William Davis, were a second time Indicted for a Felony and Burglary, Committed in the House of Mr. Leonel Gatford of Lyme-street London, in the Parish of St. Dionis Back-Church, on the 11th. of September last, together with Agnes Wearing, as accessary, before and after the Felony and Burglary committed; The Goods laid in the Indictment were Sixteen silver Spoons, Nine silver Porringers, Four silver Salts, Three silver Pots, Two silver Plates, Five silver Candlesticks, a silver Skimer, Four silver Boxes, One silver Tankard, One silver Ladle, Six Diamond Rings, Twenty plain Rings, and other Plate of value; Thirty Guineas, Forty pounds in Silver, etc. In all upward in value of Three hundred Pounds: To which Indictment, the Prisoners having severally Pleaded not Guilty, put themselves upon the Jury for their Trials. The Jurors were John Wakley, George Reeve, Joshua Sabin, Richard Jagman, Richard Austin, Job Harris, Gilbert East, Martin Simpson, — Masters, Robert Stevens, Richard Newstrop. Thomas Oliver, The Jury Sworn and the Indictment a second time read, Mr. Gatford, gave Evidence, that about six of the Clock in the Afternoon, going to Prayers and leaving his Wife and his Maid in his house (which Maid was Agnes Wearing) and returning about Eight of the Clock the same Evening, found his house rifled and his Wife much abused; the things mentioned in the Indictment, etc. Being at that time stolen. Mrs. Gatford gave Evidence, that On Friday the 11th. of September, about Five or Six a Clock at Night, in the absence of her Husband, somebody knocking at the Door, she sent Agnes Wearing (the Prisoner at the Bar, being her Maid) down to see who it was, and she returning, told her it was a Gentleman would speak with her, she then desired he would send up his Name and Business, but the Maid replied he had a Letter for her, which he said he must deliver to her hand, however she told her she would not see him till she knew his Name, but whilst they were discoursing concerning it, a Person came up Stairs with both ends of his Wig in his mouth, and made as if he would present her with a Letter, but she seeming shy, and telling him he was a stranger to her; he let go the ends of his Wigg, and swearing a great Oath that he was a great stranger to her, and clapped his hands upon her Throat and Neck, saying he wanted money; Commanded her on pain of Death not to make any Noise; and whilst this happened, he heard her maid cry out softly, Thiefs, Thiefs; and then taking up her upper Coat, he drew it over her Head, and so tied it with her hands in it, call as loud as he durst, Jack, Jack, why don't you come up Jack? but he making as if he stayed below to secure the maid, he cried Damn her for a Bitch, Shoot her, Cut her Throat, what is her Life worth? Which Mrs. Gatford taking to be in earnest, besought them For God's sake not to kill her maid; however Jack soon came up Stairs, whereupon he that first seized Mrs. Gatford, Commanded her to tell where the money was, who replied, She had none but what was in her Purse: Then he asked where her Purse was, she said in her Pocket, then pull it out said he, but her Hands being within her Coats, she told him she could not, whereupon he said he would take it out, which he doing, and then laying her on her Face with dreadful threats, that if she stirred— They went directly to the place where the money was, altho' in a very private place; as also to the Glass Case of Plate: The first they had some difficulty to find, and were once about to go away without it, but one of them knocking a Board in the Closet that was to draw up heard it chink, and so by force wrenching it up, they took the money beforementioned, and other things not named: Having gotten their Prey, they told Mrs. Gatford She must go down into the Cellar; to which she replied She could not see the way, than he that came up first lead her, and when she was on the Top of the Stairs bid her take her first step, which she did, and immediately slipped down to the Bottom, and did the like on the Top of the Cellar Stairs, being below they bound her to a Partition, and brought down Agnes Wearing, whom they bound likewise and set her by her, but so loose that she might easily have unbound herself; near her likewise they laid a piece of Red Damask, wherewith Wearing pretended they had blinded her, and so charging them not to stir for half an hour, nor make any noise, under the pain of being shot or run through; (for as they said, they would stay half an hour to observe them) and having plundered the House they departed with their Booty: When as Mrs Gatford hearing all still, and imagining as much, bid her maid (who by this time had gotten herself pretty well at liberty) to cry out which she feigned to do, but with so low a Voice, as she was sure she could be heard by none, and therein excused herself through the fear she conceived of having her Throat Cut if they should happen to return; however, she got so much her liberty, that she untiyed her mistress, and then pretndned that her hands were tied over her Head, which when her Mistress went to help her, she found the same was so loose that she could easily have untied herself. The Robery being thus Committed that Discovery might the better be made: It was for some days kept a little private, for who were the Robers was not as yet known to Mr. Gatford nor his Wife; and because one Mr. Hamlin's Evidence on this occasion was rare and unusual corroberating and confirming that which was more positive. Mr. Hamlin being called and sworn for the King, deposed that sometime before the Robery, going with a French Merchant to a Music-house near Moorfields to look for a Laundress who had pawned one of his Cravats, that he might persuade her to tell him where it was, and he thereby have the opportunity of Redeeming it: Having found the Party whilst his Friend was discoursing her, he retired and went down into the Music-room, and sat him down by Agnes Wearing (whom he then knew not) accompanied only with an Old Woman, which made him press himself into her Company and pass some Compliments on her; she being well habited, and making such a suitable Return, he earnestly desired to know what she was, she thereupon told him He was mistaken in the Person he addressed himself to, for that she was but a Cookmaid; and when he found she made some difficulty in believing it, because she was better habited than might well consist with such an Employment, she told him, That he might go a long with her and be satisfied, to this he consented, and went with her and the Old Woman as far as Hounds-ditch where the latter turned off: From thence Agnes Wearing went with him through Bishopsgate, and so to her Master's House in Lymestreet, and showing him the Kitchen and all its Furniture, demanded, If he was confirmed in what she said, and some other words having passed, she desired him not to stay at that time, lest Notice should be taken of it, but if he would take any other opportunity to send for her, either to Alehouse or Tavern, she would come to him, and so they parted. About two days after the Robery was Committed, Mr. Hamlin being one Evening upon the Exchange with a Scotchman a Friend of his, his Friend asked him, If he knew not where to spend an hour or two that dull Evening, to which he replied, He had a new Mistress whose Conversation was very taking, and who had invited him to pay her a visit, and so proceeded to tell him the whole Story, whereupon they agreed to go thither; and it being somewhat dark Mr. Hamlin left his Friend at a distance, and knocked at her Master's Gate, holding (to be the less known if any body else should open it) the ends of his Periwig in his mouth; (the Posture the party came in that first seized Mrs. Gatford:) Scarce had he knocked twice when Agnes Wearing opening it, and not being capable of discerning who he was; but supposing him to be the Person he was not, fell to pushing him back, and as one in an extraordinary surprise, cried out, though somewhat low, O! Mr. Davis what do you do here, will you ruin yourself and me? there is a great ado about the Robery, and I would not have you appear here this Month: Is the Plate secure? Have you shared the Money? Is Mr. Holland safe? and having said these Words, (to which Mr. Hamlin conceiving some Robery had been Committed made her a suitable reply;) She thrust him to be gone and shut the Gate. This Mr. Hamlin told to his Friend and divers others, and heard soon after of the Robery that had been Committed, and advised with several, whether he should acquaint Mr. Gatford with what he had heard; but some alleging he might bring himself into trouble if he had no better ground for it, or no more to testify than what he had heard, whereupon he forbore it a Month or thereabouts; after that he met Agnes Wearing in Moorfields with Holland's Footboy after her, and began to renew his former Acquaintance with her, but at first she seemed strange and would not know him, till he remembered her of several passages that had been between them, and then she told him, She was fearful of lying aloan, and that she was going into Spittle-Fields, to get her Sister to lie with her; for it seems she then was come from her place. This would not satisfy him, but he would needs drink with her; so after having taken a View of Bethlehem, and dismissed the Boy, they went to a House near Moor-Gate; and there he told her how she had mistaken him such a Night, and what he had heard her speak and observed, whereupon she began to excuse it and to change Colour, and in the end Confessed, She was mistaken, but that there was nothing in it, or to that effect, and so they parted. Mr. Hamlin not long after acquainted Mr. Gatford what he heard from Agnes Wearing, and Holland having had Notice of this from the said Agnes, went to take up the said Hamlin, for charging him falsely with the said Robery: Then Margaret Harris being Sworn, said that she went to live with one Madam Walton, who lodged then at one Mr. Canes in New-street as her hired Servant about the middle of August last, and that on or about the beginning of September, Davis, Holland, and one Bishop, were together at the Dog-Tavern in, or near, Newgate-street with her Lady (for so she called her) & another Woman, which she since believes was Mr. Gatfords' Maid, making very merry there; and that about the middle of the same month of September, she was sent out by her Lady to find out one Mr. Price, but not finding him she returned to her Lady, & found William Davis, whom she often had seen there before, near her Closet Door, and one Humpton sitting in the Room behind the Door, and she then going near to her Lady, to give her an Account of her Errand, looking over her shoulder, saw Davis take out of his Pocket a great handful of Rings; a great part of which were mourning Rings, and from amongst them gave her Lady a Diamond Ring, soon after which, Davis and Humpton went away together; and then her Lady said to her, Margaret, see here what a fine Ring Mr. Davis hath given me, which she then looked upon, and observed the same to be a Diamond-Ring with seven Stones, in the middle one having a flaw therein filled up with Silver; and thereupon told her Lady that she wondered she would take it of him, for that he was a Clipper, a Shop lifter, and a very ill man, and therefore to be suspected that he had stolen it; to which her Lady replied, that she did not care if he Robbed all the Shops in Town, so that he maintained her handsomely; upon which she replied, she doubted she would bring herself into trouble by it, and was sorry for it; upon that, her Lady was very angry with her, and gave her a Box on the Ear, and bid her meddle with her own business. About three or four days afterwards, her Lady sent her to her Daughters, one Mrs. Stanley, at one Foots a Barber in Blow-Bladder-street, over against the Dog-Tavern before mentioned, to borrow some money of her; where when she came, she found her a Bed, & gave her then an account of her business, who told her she had no money; whereupon she asked her if she had the Gazette, upon which, Mrs. Stanley told her she had, and there was a great Robery Committed, mentioned therein, and showed it to her, who read it, and found a Diamond-Ring with seven Stones, and other Descriptions according to what she had observed in the Ring she saw Davis give to her Lady therein mentioned to be stolen, with several other Rings, whereupon she said, that Ring which Davis had given to her Lady, was the Ring therein mentioned; and that she believed that Davis and Holland (for that she found them often together concerned in many Crimes) had Committed the Robery, and asked Mrs. Stanelys Advice, whether she had not best write a Letter, and put it into the Penny-Post, to give Mr. Gatford an account of it; Mrs. Stanely replied, she believed it to be true, but if she should do it without her Mother's consent, she would go nigh to kill them both; whereupon she went back to her Lady, and carried the Gazette with her, and told her what discourse had passed between her and her Daughter concerning the Ring, and gave her the Gazette, and showed her the place where the Robery was mentioned, and told her of her Daughters, and her intentions, but she was very angry thereat, and called them a couple of Bloody Bitch's, and asked whether they had a mind to dip their hands in innocent Blood, and beat this Deponent, and Tore all the clothes off her Head, and gave her a blow on the Face, and made her Nose bleed; but it so happened, that a Night or two afterwards she apprehended her Lady was in a better humour, and therefore desired again that she would permit the Ring to be produced to the Minister that was Rob, believing it to be his Ring, and offered that she should have the Ten Pounds; but her Lady refused so to do, and then collogued with her, and was very kind to her, and offered her Ten Pounds not to be concerned any more about it, and promised to keep her like a Gentlewoman whilst she lived with her, and if she married she would give her Five hundred Pound, and if she continued with her till she died, she would give her Fifty Pound a Year, for One & Twenty Years; to all which, she answered very little; but about a Fortnight afterwards on a Sunday, Davis came and demanded the Diamond Ring of her Lady, which this deponent advised her privately, not to let him have; however he sat down by her Lady on the Bedside, with his hand upon his Knee, and whilst he was discoursing she observed a large plain Gold Ring upon his Finger, which she with his leave took off to look upon, much commending it, and desiring that he would give it her, and looking upon it and the Posy, which was, God above increase our love; she read the same aloud, in the presence and hearing both of her Lady and the said Davis, upon which she told Davis it was a good Posy, and since he had promised to get her a Husband, he would do well to give her that Ring against she got him, but he would not, whereupon she gave it him again, but did not observe that her Lady did let him have the Diamond Ring again; but after he was gone, she said to her Lady, what think you now Madam, is it not true that Davis and Holland rob the Parson, for this is the Ring, and the Posy I read to you in the other Ring is the same posy, both mentioned in the Gazette; whereupon her Lady (as formerly) was very angry with her; but about two or three Nights afterwards, Davis and one Harrison came into her Lady's Chamber, and sitting down, Davis pulled forth a handful of Guineas and other pieces, upon sight of which, her Lady said, Mr. Davis when will you send me in some— Davis replied, and swore a great Oath, that next Week he would send her in a Butcher's Trey full; whereupon she said to Mr Harrison, we shall have Guineas enough to Thatch a House: And after they were gone, she desired leave of her Lady, that she might go and discover this whole matter, otherwise mischief might come of it, but her Lady would not let her go; and one day in the morning early, she desired the maid of the House to call her as if some person would speak with her, intending by that means to have got out to make the Discovery, which the maid did; and when she was going, her Lady leapt out of her Bed and stopped her, and beat her very much and locked her up, pretending she had got the Ring, and then soon after fawned upon her, letting her know that she had accused her unjustly, and repeated her former promises to her, to engage her to the contrary: However, two days afterwards being in October, on a Wednesday in the Session's Week; she again desired to go forth, to deliver a Letter for her Father, but her Lady suspecting she would go tell Mr. Gatford, charged her not to do so upon her Salvation, and withal swore her upon a Mass-Book, that she should not tell Mr Gatford, by which compliance she got leave to go forth, and then went immediately to her Sisters, at Madam Armatages in Crain-Court in Fleetstreet, and informed them both, of all those passages; and advised with them, whether she might discover it notwithstanding her Oath, who did advise her to go forthwith to Mr. Gatford and discover the whole matter, which she accordingly did the same day, and afterwards went back to her Lady, and stayed with her tho' in great danger, and under much dread; being often told by her Lady, that they would do her a mischief; till the day before her Lady was taken and sent to the Compter, out of which she was soon after Bailed; and further saith, that she saw her Lady have the said Ring in her Bosom the day before she was taken, and often heard her say that she would through it down the House of Office, before it should be discovered: When she had done, than Mr. Recorder asked her, where was that Madam Walton, she had so often mentioned in her Evidence? To which, she answered that she was there, (pointing up to the Gallery) amongst several other Ladies and Women: Whereupon Mr. Recorder ordered an Officer to go up immediately and wait upon her down, and thereupon she was brought into Court, (very richly habited) and pretended she was an Irish Earls Daughter, and a Woman of Quality; however she was committed to Prison upon the Evidence that had been given, and an Indictment ordered to be preferred against her, and persons bound to Prosecute the same, which afterwards was accordingly done, and the Indictment found, and there was a Letter likewise given in Evidence against Holland, which Holland owned to be his hand, and was wrote to Agnes Wearing, & did mention things relating to this business; and than Holland's Footboy was called and Sworn, who testified that he had been often sent on messages by his Master to Agnes Wearing, and by that means was instrumental in having her taken by discovering the Lodging that his Master had often provided for her, tho' she had shifted them divers times, and being in Custody upon hearing that Davis and Holland were taken, she cried out we are all concerned, and hoped they should live and die together, for she was resolved she would live and die with them. This being the Substance of the Evidence given against the Prisoners at the Bar: They were then asked by the Recorder every one of them singly, what they had to offer in defence of themselves against this great Crime. Thus as it were miraculously made out against them, Davis endeavoured to make it appear, that he had bought the Diamond Ring and as for the Wedding-Ring, there were few Goldsmith's Shops, that afforded not Rings with the like Posy, and did produce a person in Court, of whom he had bought a Diamond-Ring, but it was about Nine Months since, and the same did appear to be another manner of a Ring, and disposed of before the Robery was committed, and the Ring he had given to his mistress consequently could not be the same, than he called Persons to discredit Margaret Harris, by alleging her unjustness, and amongst others, a mistress with whom she had formerly lived, who instead of accusing her of Dishonesty, gave her a good Character. Holland alleged malice in Mr. Hamlin, and that Mr. Gatford had bribed his Footboy, but the former not appearing, and the Boy upon Oath declaring the contrary, that Mr. Gatford had indeed promised him two Guineas to discover the Lodging of Agnes Wearing, the which when he had done, he would not give it him till the Trials were over, lest the Prisoner should construe that as a Bribe, to induce him to Swear against them; and having nothing more material to offer further in their Defence, Agnes Wearing insisting upon her innocence. Mr. Recorder Summed up the Evidence to the Jury, very particularly, and at large, and more especially after he had repeated Hamlin's Evidence given against Holland (which he observed was their most difficult parts, for that generally what one Prisoner saith of another is not Evidence) yet as this Case is, they might consider the occasion that moved Agnes Wearing to speak what she did, it being without any Compulsion, or any thing laid to her charge at that time she could not speak it out of any by Ends, or dread, but merely upon a mistake and surprise, apprehending it was Davis, because of his appearing to her in the same posture as Davis was in, when he seized upon Mrs. Gatford, and then it was very plain by the whole course of the Evidence, that Holland, Davis, and Wearing were all well acquainted, and their familiarity began much about the time, when this Fact was Committed, and they both very fond of her, but Holland more especially, he using all Diligence to take care of her, and conceal her, by providing several Lodgings for her in by places, and what was testified against Davis and Agnes, and what she confessed to Hollithorn, made it plain if they did give credit to the Witnesses; so that upon the whole matter, he left it to them, whether they would find all or any, and which of the Prisoners Guilty or not Guilty of this Crime, whereof they stood charged within the Indictment. Whereupon, the Jury after they were withdrawn some time, came in, and found them all three Guilty of the Indictment; and William Davis and Agnes Wearing, were Executed on Wednesday following, and Holland Reprieved. This may be Printed, R. L. S. January the 9th: 1685. FINIS.