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A75612 The arraignment, trial, and condemnation of Squire Lottery, alias Royal-Oak Lottery 1699 (1699) Wing A3760A; ESTC R172510 16,378 51

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's more Cits instal'd in the noble Order of Cuckoldom more young Women debauch'd and more Fools undone than all all the Play-houses Bawdy-houses Musick-houses Ordinaries Booths Balls c. within the sound of Bow-Bell Man We have other Witnesses which we might call if the thing requir'd it but Gentlemen having so effectually prov'd the Tenour of our Indictment we 'l leave it here 2d Man Look you Squire Lottery we have done and now you may speak and say what you will in your own defence and call what Witnesses you have to vindicate your Innocence and to prove your self not guilty of the things you stand charg'd with Lottery Sir I intend to spend as little of your time as I can I perceive that let me say what I will you are prepar'd to other-rule it and so I 'll only say a few words and call three or four Witnesses to prove my Reputation and then leave the good Men and true of the Jury upon whose Verdict I must stand or fall to use me as they shall best judg the nature of my Case deserves I know Gentlemen the tide of Prejudice runs very fierce against me so that let say what I will I 'm satisfy'd it will be all to very little purpose an ill Name to a Person in my condition is certain Death which indeed makes me a little more indifferent in making my Defence But Gentlemen look upon me I am the very Image of some of you a married Protestant upon which account I 'm confident I may rely upon a little of your Justice if not your Favour The Crimes I am charged with are indeed very great and what 's worse there 's some of 'em I can never expect to evince But then Gentlemen I hope you 'l consider that whatever I did was purely in the prosecution of my Occupation and you know withal what Authority I had for it so that if by chance in this long tract of time every thing should not be so nicely conformable as you expect I hope you 'l take care to lay the Saddle upon the right Horse You all know that Covetousness and Cheating are the inseparable Companions of a Gamester divide him from them and he 's the most insignificant Creature in Nature And Gentlemen I appeal to your selves if a little useful lying and falshood be not in some cases not only tolerable but commendable I dare say you will agree with me in this that if all the Knaves and Cheats of the Nation were call'd to the Bar and executed there would only be a few Fools left to defend the Common-wealth But Gentlemen as I told you before I won't spend your time and therefore I 'll call my Witnesses Call Captain Quondam Cryer Call Capt. Quondam Lottery Sir I desire you would give the Court an account what you know of me as to Life and Conversation Quondam I have known the Prisoner for several years and have been often in his company upon particular Occasions and never saw any thing that was rude or unhansome by him Man Pray noble Captain what Country-man are you Quondam Sir I am a West Country man Man An English West-Country or a West-India Man or what Quondam I am a West-Country Man of his Majesty's own Dominions of the Kingdom of Ireland in the County of Cork and Parish of Durrus in the Barony of West-Carbury near the great Bogg of Longuar Gent. Man You 're a West Country man with a Witness And pray how long have you been in England Quondam Ever since the last year of my Soveraign Lord King James Man And pray how long have you been a Captain Quondam I was born so my Father my Grandfather great Grandfather and most of my Kin were all Captains before me Man You say you have been often in the Prisoner's Company pray where have you been in his Company and upon what account Quondam I have been in his Company at Epsom Tunbridge Lambeth Islington and at several other places both in Town and Country Man Well but you ha'nt told what was the occasion that brought you so oft into his Company Quondam He desir'd me to go along with him to help him to divert and entertain his Guests especially the Ladies that us'd to visit him Man I suppose you 're one of his Dependents had you never no Salary from him Quondam I have had several Favours from him and I must own I love him very well and by my Shoul I believe he 's a very honest Man and a good Christian Man Who 's your next Evidence Lottery I desire Mr. Scamper may be call'd Cry Call Mr. Scamper Lottery Pray Mr. Scamper give the Court an Account what you know of me as to my manner of living and behaviour in the World Scamper You know Squire Lottery your Acquaintance and mine is but of a late Date I never saw you till last May at Lambeth-Wells and then 't was but by accident too you remember the occasion still I believe the two Female Cits that lost all their money and pawn'd their Lockets I must confess you tip'd me a couple of Guineas and a Wink under the notion I suppose that I should bring 'em again c. And this is all I know of you of my own Experience Man I think you might as well have left out this Witness Well have you any more that you will call Lottery Only one and I have done I desire Madam Allport may be call'd Cry Call Madam Allport Lottery Madam I would beg you to do me the honour to tell the Court what you know of me Allport I know the Prisoner to be a person of unquestionable Courage Vigour and Performance I have known him in the Capacity of Maid Wife and Widow and never found him otherwise than a man fit for business in all points Man What have we to do with his Courage Vigour and Performances Do you know him to be an honest man and a Friend to the Commonwealth of England Lottery Yes Madam tell 'em what you know as to my Honesty and Reputation for those are the only things that are insisted upon here Allport I know you to have as much Honesty and Reputation as the best of ' em 'T is very hard methinks that a Man must not make the best of his business but he 's in danger to be hang'd for it Man You must make no Reflections upon the Court. If you have any thing to say in the Prisoner's Defence you must speak it without Passion or Reflection But since you 're so hot Madam where do you live and what Occupation do you follow Allport I am not asham'd to let you know where I live I am a substantial House-keeper of the Parish of St. James Westminster and there 's ne'er an Officer belonging to the Marshal's Court but will take my Bail in an Action of 39 s. as soon as the best Neighbour I have Man But what 's this to the Prisoner Can you say any thing in his Reputation
that has defended him so long from the Correction of the Law Our third Witness is Mr. Cringe a French Refugee and he swears he was decoy'd into his Company by one of the Whores in ordinary that ply at his Office that he sharp'd him out of 400 Pistols in three Mornings that he treated and caress'd him till he had got all he had and then barbarously turn'd him off with Scorn and Contempt Gentlemen This is a very strong Confirmation of the Evidence given against him by Captain Pasthope and Mr. Frivolous especially of that part of it that relates to his Rules and Methods of trepanning and his Cruelty to the Persons he has ruin'd The last Witness is the Widow Turbulent and her two Daughters The Widow deposes she knows him to be a common Cheat and withal flatly charges him upon her own experience with Whoredom and Adultery The two Daughters swear him to be a grand Fornicator and for a farther proof of their Evidence declare that they could have brought several of their Neighbours Wives and Daughters to have confirm'd their Testimony Gentlemen These were all the Witnesses we thought proper to call we had multitudes in a readiness if there had been any occasion for 'em but these I 'm confident in the sense of the Law are sufficient to prove our Indictment The Prisoner in his Defence tells you he perceives the Tide of Prejudice runs very high against him that he 's a married Protestant and seems to insinuate that whatever he did was in the prosecution of his Office and under the Shadow of Authority He tells you further that Covetousness and Cheating are the inseparable Companions of a Gamester and then appeals to your selves if a little useful lying and falshood be not in some cases both tolerable and commendable He further insinuates that if all the Cheats and Knaves of the Kingdom were call'd to the Bar and executed there would be none but a few Fools left to defend the Commonwealth Besides this he calls three Witnesses to prove his Reputation The first is one Captain Quondam a West Country Gentleman as he calls himself of his Majesty's own Dominions of the Kingdom of Ireland c. He tells you he 's a Captain born and came over to England the last year of his Sovereign Lord King James he says he has been often in his company at Tunbridg Epsom c. And for a conclusion swears by his Soul he believes him to be a very honest Man and a good Christian But Gentlemen this is all but Irish Testimony He cannot deny at the same time but he 's one of his Dependants and so upon the whole I think there 's very little regard to be given to what he has swore The next he calls is one Mr. Scamper and he truly tells him he has known him but a very little time and gives him an unlucky Memorandum into the bargain upon the account of his being in company with two Female Cits while they lost all their Money and Jewels He tip'd him the wink and a couple of Guineas he says and that 's all he can say of him from his own experience The last Witness was one Mrs. Allport a Coffee-woman and she swears she indeed knows him very well to be a Person of wonderful Vigour and Performance she has known him in the capacity of a Maid Wife and Widow it seems and swears too he 's as honest a Man as the best of 'em all and thinks 't is very hard that he must not make the best of his business but he 's in danger to be hang'd for 't This Gentlemen is the substance both of the Evidence against him and his Defence Now Gentlemen if from the whole you don't think the Prisoner at the Bar Guilty of what he 's accus'd then you 're to acquit him if you do you 're to bring him in Guilty And so I 'll give you no farther trouble upon the Subject Then the Jury withdrew to consider of their Verdict and an Officer was sworn to keep them according to Law till agreed and about a quarter of an hour afterwards they return'd into Court and the Prisoner was brought again to the Bar and found Guilty according to the Indictment The next opportunity he was brought to the Bar again to offer what he had to say for stop of Judgment and afterwards received Sentence together with Mr. Auction and Dr. Land-Bank who were both Try'd Convicted and Condemn'd and their Trials will be publish'd with all possible speed FINIS
THE TRIAL OF Squire Lottery THE ARRAIGNMENT TRIAL AND CONDEMNATION OF Squire Lottery ALIAS Royal-Oak Lottery LONDON Printed and Sold by A. Baldwin near the Oxford-Arms in Warwick-lane 1699. THE Trial and Condemnation OF Squire Lottery c. Die Lunae vicesimo die Martii 1698 9 Anno Regni c. AT the Time and Place appointed came on the Trial of Squire Lottery alias Royal-Oak Lottery for abundance of intolerable Tricks Cheats and high Misdemeanors upon an Indictment lately found against him in order to a National Delivery About ten of the Clock the day and year aboversaid the Managers came into the Court where in the presence of a vast confluence of People of all Ranks the Prisoner was ordered to the Bar and requir'd to hold up his Hand as he did accordingly Proclamation being made and a Jury of good Cits which were to try the Prisoner being sworn the Indictment against Squire Lottery alias Royal-Oak Lottery was read The Jurors Names Mr. Positive a Draper in Covent-garden Mr. Squander an Oilman in Fleetstreet Mr. Pert a Tobacconist ditto Mr. Captious a Milliner in Pater-noster Row Mr. Feeble a Coffeeman near the Change Mr. Altrick a Merchant in Gracechurch-street Mr. Haughty a Vintner by Grays-Inn Holborn Mr. Jealous a Cutler at Charing-cross Mr. Peevish a Bookseller in St. Pauls Church-yard Mr. Spilbook near Fleet-bridg Mr. Noysie a Silkman upon Ludgate-hill Mr. Finical a Barber in Cheapside Cl. of Ma. Squire Lottery alias Royal-Oak Lottery you stand Indicted by the Name of Squire Lottery alias Royal-Oak Lottery for that you the said Squire Lottery not having the Fear of God in your Heart nor weighing the Regard and Duty you owe and of right ought to pay to the Interest Safety and Satisfaction of your Fellow-Subjects have from time to time and at several times and in several places contrary to the known Laws of this Kingdom under the shadow and coverture of a Royal Oak propagated continued and carried on a most unequal intricate and insinuating Game to the utter ruin and destruction of many thousand Families And that you the said Squire Lottery alias Royal-Oak Lottery as a common Enemy to all young People and an inveterate Hater of all good Conversation and Diversion have for many years last past and do still continue by certain cunning Tricks and Stratagems insidiously falsly and impiously to trepan deceive cheat decoy and entice divers Ladies Gentlemen Citizens Apprentices and others to play away their Money at manifest Odds and Disadvantage And that you the said Squire Lottery alias Royal-Oak Lottery the more secretly and effectually to carry on and propagate your base malicious and covetous Designs and Practices did and do still encourage several lewd and disorderly Persons to meet propose treat consult consent and agree upon several unjust and illegal Methods how to ensnare and entangle People into your delusive Game by which means you have for many years last past utterly intirely and irrecoverably contrary to all manner of Justice Humanity or good Nature despoiled deprav'd and defrauded an incredible number of Persons of every Rank Age Sex and Condition of all their Lands Goods and Effects and from the Ruins of multitudes built fine Houses and purchas'd large Estates to the great scandal and reflection on the Wisdom of the Nation for suffering such an intolerable Impostor to pass so long unpunish'd What say'st thou Squire Lottery art thou guilty of the foresaid Crimes Cheats Tricks and Misdemeanours thou standst Indicted of or not Guilty Lottery Not Guilty But before I proceed to make my Defence I beg I may be permitted the assistance of three or four learned Sharpers to plead for me in case any Matter of Law arise This was agreed to and the Cryer having made Proclamation according to form one of the Managers addresses himself to the Jury 1st Manager Gentlemen of the Jury the Prisoner at the Bar stands Indicted for propagating abetting and encouraging a most unequal scandalous and dangerous Game a Game that if the common Report that passes upon it be true has ruin'd more than a hundred thousand Families I need not tell you he 's an old Offender or indeed use any expressions or spend any of your time to aggravate his Crime if we can prove the Matters he stands charg'd with in the Indictment I suppose you 'l be sufficiently satisfy'd you ought to find him Guilty 2d Manag Gentlemen of the Jury the Prisoner Squire Lottery alias Royal-Oak Lottery stands charg'd with Crimes so very high and notorious that I cannot name 'em without astonishment the debauching our Youth the deluding our Wives Servants and Apprentices the destruction of whole Families and the yearly ruin of incredible Multitudes are all of that dangerous Consequence that a Man that has any regard or feeling for his Country cannot name 'em without the deepest concern and dissatisfaction But Gentlemen that I may not seem in any respect to whet the Edg of Justice I will forbear to make any further Reflections and so we 'l call our Witnesses and if we can prove the matters of fact set forth in the Indictment which we do not doubt then you are to find him Guilty Cla. of Man Call Captain Pasthope 1st Man Sir Do you know Squire Lottery the Prisoner at the Bar Pasthope Yes I have known him intimately for near 40 years ever since the Restoration of King Charles 1st Man Pray will you give the Bench and Jury an Account what you know of him how he came into England and how he has behav'd himself ever since Pasthope In order to make my Evidence more plain I hope it will not be judg'd much out of form to premise two or three things 1st Man Mr. Pasthope Take your own method to explain your self we must not abridg or direct you in any respect Pasthope In the years 60 and 61 among a great many poor Cavaliers 't was my hard fate to be driven to Court for a Subsistence where I continued in a neglected state painfully waiting the moving of the Waters for several months when at last a Rumour was spread that a certain Stranger was landed in England that in all probability if we could get him the Sanction of a Patent would be a good Friend to us all Man You seem to intimate as if he was a Stranger pray do you know what Countryman he was Pasthope The report of his Country was very different some would have him a Walloon some a Dutchman some a Venetian and others a Frenchman indeed by his Policy cunning Design Forethought c. I am very well satisfied he could be no Englishman Man What kind of Credentials did he bring with him to recommend him with so much advantage Pasthope Why he cunningly took upon him the Character of a Royal Oak Lottery and pretended a mighty Friendship to antiquated Loyalists but for all that there were those at Court that knew he had been banish'd out of several Countries for disorderly Practices till
But since you 're so good at that pray what Function are you of I ask'd you the Question before Allport I sell Coffee and Chocolat and tho I say it I have as good Conveniencies to entertain both Men and Women as any one of the Trade 2d Man Mistress this is all foreign to the matter what signifies it to us that you sell Coffee and that you have good Conveniencies This is all but trifling and spending the time of the Court to no purpose If she has nothing to urge but such loose Tattle as this let her be taken down Sir you don't do well to trouble the Court with such Impertinence Lottery I beg pardon of the Court for all this trouble I am upon my last legs and without offence I hope I may be allow'd to make the best of my Defence I am no Lawyer and therefore if I am a little mistaken in point of Form I hope it will not be made use of to my Disadvantage All that I have more to say is only two or three short words with respect to the Witnesses and I have done As for Captain Pasthope he 's acted purely by a Spirit of Malice and Prejudice besides he 's a rank Tory a mere Jacobite a Cavalier of the last Edition upon which account I 'm perswaded the Jury are not bound to give any great credit to his Evidence For Mr. Frivolous he 's a Witness of the same species an old musty Pretender to Loyalty a person that I 'm told has neither taken the Oaths nor sign'd the Association which with submission seems to me to be a strong Testimony against the validity of his Evidence nay I 〈◊〉 told that he and Stedfast are both Povishly affected and then Gentlemen the Law says they cannot be good Witnesses against a Protestant Then for Mr. Cringe the French Refugee I think I am not at all concern'd to answer his Impertinence What business have Refugees with Whores and Gaming-houses It is highly inconsistent with the Character of a person in a state of Persecution to venture his money upon any account Gentlemen I suppose you all take the thing as well as my self and therefore I shall not spend your time in useless Aggravations or Reflections And for the Widow Turbulent and her Daughters her Evidence does no way affect my Life if they will own themselves Whores I don't think it worth my trouble to go about to disprove them Upon the whole I don't perceive any thing that either of them have swore against me that can affect my Life but that I am bound to leave to you and the Jury to consider Youngest Man Gentlemen of the Jury it comes to my turn to sum up the Evidence that has been given against the Prisoner Squire Lottery alias Royal-Oak Lottery I 'm certain he cannot be so unjust to say that he has not had a very fair and equal Trial and for my own part I shall take particular care he shall have no reason to complain of me I suppose you all heard the Indictment that was read against him First That contrary to the known Laws of this Kingdom he has falsly devilishly and maliciously under the shadow and pretence of a Royal. Oak carried on a cunning unequal Game to the utter Ruin and Destruction of many thousand Families Secondly That he was a common Enemy to all young People dangerous and destructive to all good Conversation and that for many years last past he had continu'd to trepan and deceive divers Ladies Gentlemen Citizens and others to play away their money with him at manifest odds and disadvantage Thirdly That he the said Royal-Oak Lottery the better to carry on his base Designs did encourage divers lewd Persons under the Notion of Patentees to meet together in order to propose illegal methods the better to intangle ignorant People Fourthly That for many years last past by such cunning Stratagems and Devices and false Pretences he had utterly ruin'd an incredible number of Persons of both Sexes And Lastly That he had been the occasion of Scandal and Reflection upon the Wisdom and Justice of the Nation This Gentlemen was the Substance of the Indictment for the proof of which we have produc'd several Witnesses and had many more ready if there had been any necessity The first Witness we call'd was Captain Pasthope a Person that had been formerly one of the Patentees He gives you first an Account how the Prisoner came into England at the Restoration of King Charles the Second that he was intrusted with a Royal Authority under the notion that he was to be a Friend to poor Cavaliers but then he tells you a little while afterwards that that was all but pretence and that the Patentees were in the main a Gang of Sharpers or broken Tradesmen that had thrust themselves into the Business under the umbrage of Cavaliers He tells you likewise that he had been disgracefully kick'd out of several Countries for irregular Practices till at last he forc'd himself upon poor credulous England as he express'd it for Sanctuary He also acquaints you that he kept his Patentees place nine years that he gain'd 4000 l. in the interim and after all sold his Place for 700 l. He tells you too of the Methods that he generally makes use of to betray and trepan persons viz. by sending out Bullies Sharpers and Whores into every corner of the Town to magnify the Justice and Equality of his Game by which means Fools of all sorts were seduc'd daily to come and be undone He gives you an Account of his Advantage and shews you that 't is impossible that any body in the main should win any money of him He tells you That his House-keeping and Charity are both Pretence and makes some Reflections upon his Cruelty to the Persons he has ruin'd and seems to intimate too that the Pension he is to pay the Crown is rather paid to some Courtiers to stand in the gap for him in a time of danger And lastly he informs you that all sober men look upon him as a Cheat and are apt to pass sharp Censures upon the Wisdom of the late Court for intrusting him with a Royal Authority He tells you that the Town is at last grown very angry with him and seem highly dissatisfy'd that so many thousand People should be sacrific'd to the Interest of two or three Courtiers and three or four haughty Patentees upon his account The next Witness we produc'd was Mr. Frivolous a Person of great Honesty and Moderation His Evidence is exactly of the same piece with the Captain's he gives you a long and fair Account of all his base Practices and Proceedings and withal produces a large Catalogue of the Names of several considerable Persons he has utterly ruin'd and moreover tells you he had once a Notion to draw up his Case and get it recommended to the Honorable House of Commons and then he tells you 'tis his Bribery or something like it