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A41804 An appeal of murther from certain unjust judges, lately sitting at the Old Baily to the righteous judge of heaven and earth; and to all sensible English-men, containing a relation of the tryal, behaviour, and death of Mr. William Anderton, executed June 16. 1693. at Tyburn, for pretended high treason. Grascome, Samuel, 1641-1708? 1693 (1693) Wing G1566; ESTC R216496 30,841 41

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An Appeal of Murther from certain unjust Judges lately sitting at the Old Baily to the righteous Judge of Heaven and Earth and to all sensible English-men containing a Relation of the Tryal Behaviour and Death of Mr. William Anderton Executed June 16. 1693. at Tyburn for pretended High-Treason WEre all Men truly Good publick Laws would be of little or no use For all political Laws are the good Daughter of a bad Mother as being preventionally or occasionally the Off-spring of ill Manners but without them there is no Living in any Comfort or Security hence all civilized Nations have ever gloried in their Laws as their Honour and Safety and heretofore none more than the English and perhaps none with greater reason for it may be a difficult Task for a well-read Historian to find out a Kingdom under the Cope of Heaven where the Lives Liberties and Properties of Subjects are more cautiously and critically secured but especially in case of Life the Foundation of all humane Blessings wherein no Conjectures or Presumptions are allowed but the Law requires at least two credible and positive Witnesses and if any thing be doubtful or controverted always judgeth in favorem vite and makes even the Judg himself of Councel to the Prisoner that he may by no means miscarry through any Error Ignorance Passion or Inadvertency But after all the Law is a dead Letter and cannot execute it self and when it so happens that the Laws which were made against Offences are seized by the Offenders and turned against those whom they were designed to protect the Sins of any Nation can scarce draw upon them a more heavy Curse and Judgment For then the Sheep are daily dragg'd to tryal before the Wolf and nothing but Villany is maintain'd encouraged and promoted and an honest Man had a thousand times better fall into the hands of a Confederacy of High-way-men who will rob and dispatch him with some kind of Generosity than under the clutches of a corrupt Minister of Law who after a swinging mortification in a nasty Prison shall at length in a great deal of state with mighty formality and tedious ceremony proudly doom him to death and all under colour and pretence of those Laws which if they could speak for themselves would acquit the Prisoner and hang the Judge and whether the following case be not a fresh and lamentable Instance of something too like this I shall leave wholly to the Readers Judgment after an impartial Perusal Mr. William Anderton knowing himself to be mortally though caulesly hated by some Persons had absconded of late for a considerable time as it has been the hard fortune of divers great and good Men to do in these difficult times but being by a parcel of false Villains betrayed to Mr. Robert Stephens Messenger of the Press and his sworn Enemy he was apprehended on the second of May this present 1693. and Stephens whose Malice much out-weighs his Brains not content with his Person plainly plundered the House carrying away Goods to a considerable Value which there was no colour of Law for him or any Man else to seize and this I suppose might be one great motive to make him swear so desperately at the Tryal that he might take away a Man's Life who otherwise might come upon him for Robbing him of his Goods the Booty secured away he goes in triumph with his Prisoner to my Lord Chief Justice Holt where he railed against him in a very indecent manner the Judge was very calm and said very little to the matter but upon the accusation committed Mr. Anderton to Newgate not for High Treason as is falsely alledged by that Lying Pamphleteer licensed according to Order who published that malicious Account of his Conversation Behaviour and Execution which was cryed about Streets immediately after his death That Judge knew the Law better and I believe is not in himself so very forward to overstrain it Whilst he thus stood committed for Misdemeanour he was bailable and accordingly very sufficient Bail was offered for him but Aaron Smith who wisely weighs what advantage is to be made of every Prisoner and considers not only the Person himself but the Interest he is engaged in and the Friends he may be supposed to have thought too few Guineas were offered and therefore still kept off the Bail endeavouring to make a better Market but while things hung thus between the Bail and the Bail-master on a suddain the Controversy was ended by the coming of a fresh Warrant upon the former which committed the Prisoner for High Treason This way of Proceeding being somewhat unusual gave occasion to divers Censures some said it was only a Trick to prevent his being bayled others said that the Fact though never so fully proved could not amount to High Treason and that they could not touch his Life and that they had hereby done him a Kindness because upon his Tryal he would be discharged without any further Imprisonment or Corporal Punishment But these I suppose were more conversant among the Lawyers than the Politicians and could better tell what ought to be done than what some Men were contriving to do Others judg'd this fresh Commitment to be the result of new Councels and a plain Evidence that they had taken new Measures and therefore did hence conclude that he was thought a Person not only dangerous but fit to make an Example and that therefore it was resolved he should be hanged right or wrong And the Event proved these to be in the right Now such illegal Proceedings and bloody Councels very ill becomes those who complained of smaller Failings in others and have turned all things upside down under a pretence to mend Matters and reform Abuses but there is nothing more sanguinary than a pretending State-Reformer nothing more cruel and savage than a Moderation-Man got into Power But these doings being naturally so odious to English men I hope they will consider that the difference is not great whether they be hanged with Popish or Protestant Halters and will see at last that they have a very ill security for their Lives Liberties and Properties when those who take upon them to guard them from Popery become more Lawless and Cruel than Papists There were indeed some even in the Councel who did dislike these Proceedings but others prevailed and it would not be forgotten that there is a certain sly plump Divine who perhaps is as good at Hocus Pocus Tricks as any Man in Europe he can cut a Man's Throat so neatly that he shall never know who hurt him he will put at his pleasure all into confusion and hurry make Men so mad that they know not where they are nor care what Mischief they do and all the while as if he had Gyges's Ring shall walk invisible and shall not be so much as suspected to have had any hand in the matter To this Crafts-Master Robin Stephens made haste over the Water to set forth his great
half of his Time being served after complaint made to the Chamberlain he was turned over to one Miles Fletcher with whom he lived very comfortably the rest of his time he respecting and faithfully serving his Master and his Master entirely loving his Apprentice It is a Trade wherein some excel in one part and some in another but Mr. Anderton had attained to that perfection in it that several skilful Persons now give him the Character that take him for all parts of his Trade together he hath scarce left his Fellow behind him in England When this unnatural Revolution was brought about wherein Men in the face of Heaven forsoook and renounced those Principles which before they had valued themselves upon against and above all the World our Sufferer chose the better not the stronger side adhereing to the Orthodox not the Apostate Church of England and being for True not Sham-Loyalty which became the occasion of his glorious though untimely end From the time of his Commitment to the very moment of his Death he was of a very even and sweet behaviour being modestly couragious chearful without Lightness and devout without Ostentation He made it his particular Request that some Minister or Ministers would be with him every Morning and Evening to read the Prayers of the Church and perform such other Offices as in such case as his did belong to that Function which except one day in the Week was duly observed and sometimes oftner for when any Clergy came accidentally to visit him if they did neglect to offer he commonly requested them to pray with him He gave little or no entertainment to any hopes of Life as being sensible that it was rather Malice than Matter against him and that a Crime may be pardoned but Malice is not to be satisfied without the destruction of its Enemy if he once come in its Power He often express'd a great Satisfaction in the Cause for which he suffered saying that it ministred to him both Comfort and Courage and that he doubted not but that God would acquit whom the Court had condemned As to the Ordinary he indeed in point of Conscience refused to communicate with him yet mildly and modestly telling him that he was desirous to give him no Trouble and requested of him that he would not any ways concern himself with him or about him at which Mr. Smith fell into such an unseemly intemperate fit of Rage that he reviled the Prisoner with bitter Words and very generously damned both him and all the Ministers that came at him to Hell but he took it patiently and returned not the least Word that might seem to sound harshly As his Wife once laid her hand on his Fetters and wept he intreated her to forbear saying he was less than a Man that could not bear that but that her Tears were more grievous to him than his Fetters Another time as he was hanging a Link on the Chair thereby to ease himself somewhat from the weight of his Fetters and perceiving his Wife to look very heavily at it he said chearfully to her My Dear these are my Arms alluding to the Arms of their Family being Sable two single Shack-bolts and one-double Argent which if the Criticks will give me leave I take to be very honourable bearing as being originally given to such who having behaved themselves valiantly in the Holy Wars yet had the Misfortune to be for some time made Prisoners by the Infidels or to such who did either by their Prowess fetch off or by their Charity redeem such Prisoners But it would be endless to insist on these small Matters I will therefore hasten to the great and last Act of this sad Tragedy When Tucker told him that the Dead Warrant was come and that he was in it he gave him thanks for giving him notice of it that he might be sure he had now nothing else to do but to prepare to dye saying further The Lord's Will be done He received the holy Sacrament twice during his Imprisonment but whether it be customary or that they had particular Order the Keeepers all except Walker who was all along not only civil but even compassionate towards the Prisoner the Evening and Morning before he suffered became exceeding rugged and harsh not only to him but to all that came to him insomuch that his Mother and Brother coming that Morning to receive the Communion with him could neither beg nor buy admission and the poor old Woman was forced to depart without joyning in the last Act of Christian Communion with him or so much as taking her intended last Farewel of him which looks as if some Persons took a pride in Baseness and Cruelty and studiously set themselves to add to the sorrows of the afflicted Other very unbecoming Actions towards him I could mention which I shall forbear being unwilling to set forth that Barbarity which some delight to act When he was brought down to go to the place of Execution he entred into the Sledge and rode along in it with that calm Behaviour and decent Courage as stroke the Beholders with remorse and amazement and made his Enemies gnash their Teeth with Indignation to see him triumph over their Malice even in his Death In his Passage all the way the People rather seem'd sorrowful than inclinable to offer any Abuse except near S. Giles's Church where a rude fellow treated him with very spiteful Language to which he made no return but lifting up his eyes to Heaven said O sweet Jesus how much more hast thou suffered for me and for Mankind and shall not I learn of thee patiently to bear the undeserv'd Reproaches of this inconsiderate Man As he was coming up to the Place of Execution a Clergy-man got up into the Cart to be ready to receive him at which the Ordinary seemed to be much incensed for he gave him very ill Words bidding him get him down and saying he ought not be there nor should he be suffered The Minister replyed little but stayed still till see how one ill Nature helps another Major Richardson came up and with Threatnings and his Cane lifted up forced him to come down who immediately thereupon applied himself to the Sheriffs for by this time they were come up when some ill Person suggested that he was a Papist to which the Prisoner presently answered Mr. Sheriff upon the Words of a dying Man he is not but a Minister of the Church of England I mention this purposely that People may take notice what ill use is made of the Words Papist and Popery and how necessary it is that they were better understood for to be called a Papist is dangerous but to be one or to teach the worst of Popish Doctrines is advantageous heretofore the Power of Deposing Kings and Equivocation either as to Oaths Promises or any Transactings were accounted Popish Doctrines and those who owned them were universally condemned but now you have those very Doctrines in every