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A38872 An exact account of the trials of the several persons arraigned at the Sessions-house in the Old-Bailey for London & Middlesex beginning on Wednesday, Decemb. 11, 1678 and ending the 12th of the same month. 1678 (1678) Wing E3590; ESTC R3294 27,412 39

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benefit of Clergy as Men and the punishment of Branding as Women was allowed were In all 8. in London Joseph Brown William Shakesby John Baltee Thomas Jackson William Lucas John Macarty Hannah Kinman Hannah Downes In Middlesex William Baker and Anne Mounsdell Ralph Leech for respect to his age the Court took time to consider after a very severe check and having craved the benefit of his Clergy John Spittle who desired transportation was set aside for it John Paine who had confessed himself guilty of Felony upon his Arraignment for marrying a second Wife the first being alive did desire the benefit of his Majesties late Gracious Act of Pardon Which the Court upon perusal of the Act thought fit to grant 1 him but told him that he ought to make a recompence to the parties injured which were both his Wives for Poena potest dirimi culpa perennis erit The Persons ti'd up by the Executioner for judgment of Death were these Six Susan Banster for stealing goods of 13 l. value and who had been sentenced to be transported before Stephen Arrowsmith for a Rape committed upon Elisabeth Hopkins an Infant of 8 years of Age. Nicholas Bradshaw for high Treason in clipping the Coyn of this Kingdom John Leak for stealing Cloth off of the Tenters contrary to the Statute in that case provided Edward Preston for stealing of a Mare Which by Statute also is deprived of benefit of Clergy And Nathaniel Russell for the Murder of William Midgley These Persons being severally called to the Bar and told of their Convictions were demanded of what they could say to arrest the judgment of Death they could alledge nothing and therefore Proclamation being made for Silence while judgment was in giving the Recorder spoke to them thus YOu that are the Prisoners at the Bar have been severally Indicted of several Offences and upon your Trials you have had the benefit of the best of Laws because you have had the liberty of making your defence to the several Accusations whereof you have been accused You have been fully heard and by Persons of known integrity who have been Triers of the Fact and Countrey-men of your own sworn to do you Right you have been Convicted of the several Offences wherewith you stand Charged and nothing remains save onely for the Court to do that Duty which the Law requires of them to give Judgment upon those Verdicts by which you stand Convicted This is a Duty incumbent on the Court though a sad one and I must confess I cannot but be much troubled to see Youth arrived to that heighth of Debauchery notwithstanding the frequent Examples that are found in this Place So that I must say and I tremble to think I am obliged to say That the frequent Examples of this Place seem rather to be Examples to some to out-do the Villanies that are punished here than to deter them from the commission of them When I see some among you there that now seem mighty full of grief and sense of the deplorable condition you have brought your selves into who have had Mercy shewn them here and yet continue to offend so gracious a King when nothing will work upon you but you will persist in so vile an habit of wickedness it seems to me that absolutely necessary Judgment be speedily executed upon you there being so small hopes of Reformation I speak this to let the World know Mercy is not to be shewn to such as after forgivness sin yet worse And in as much as you have received fair and full Trials upon which you have been Convicted you have by your own vile carriages forfeited that Life which you might else have happily enjoyed and shorten'd that which by your own industry you might have preserv'd and lengthen'd to the comfort of your selves and Friends and the good of your Generation And now it remains onely for you to take care of that little very little time that is left you to improve it to the utmost for the advantage of your immortal Souls For having by your great wickedness and publick affronts to the Justice of the Nation forfeited your lives it will be needful for you to employ the minute of breathing time to prepare for Eternity For though the Law do inflict the punishment of death on you here you have God in Heaven and a blessed Saviour and Redeemer to whom upon Confession and Repentance you may with hopes apply your selves for mercy in the World to come And it will be the duty of every good Christian not onely to take care that being warned by your Examples they avoid the mischiefs you have run into but also to joyn their Prayers and all the assistance they can contribute to the saving of your Souls who by your Crimes have thus destroyed your Bodies Some of your Offences are of a more vile more black and more dangerous nature than others one of you stands Convicted of that most horrid Crime Murder blood which cries out to Almighty God for vengeance Murder I cannot but say without any provocation which is not onely an offence against the Law of God but even against Nature for one man to destroy another without a provocation If there were no such thing as a God in Heaven or Justice upon Earth Nature it self teacheth a man not to be barbarous to his own likeness Therefore it will become thee to use all the tears thou canst shed to wash away the blood thou hast spilt and that will not be enough to take off thy guilt for nothing but the precious blood of our dear and blessed Lord and Saviour the Lord Jesus Christ can save a man that is guilty of so great and horrible a wickedness as shedding innocent blood And for the rest their offences have been such as by the Law are to be punished with death It will become you to betake your selves to Repentance and I expect it from him whose proper business it is that he give you all the assistance he can to promote so good a work by helping you to spend your little time well in order to a happy Eternity This I have spoken in charity to your Souls I do therefore in the name of the Court pronounce this Judgment upon you all save onely the Youth that is convicted for clipping the Kings Coin That you shall go from hence to the place from whence you came and from thence to the place of Execution where you shall severally be hanged by your necks till you be dead and Jehovah the Lord of Heaven and Earth have mercy upon your Souls Then he applied himself to the Young Man for Treason thus YOu the Prisoner at the Bar have likewise been Arraigned and Tried for an Offence that by the Law is made High Treason the Clipping of the Kings Coin I am sorry heartily sorry and very much lament to see a Youth in whom there seems to be so much modesty far from persuading any one to believe that any manner of