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A63732 A true relation of the unjust accusation of certain French gentlemen (charged with a robbery, of which they were most innocent) and the proceedings upon it, with their tryal and acquittance in the Court of Kings Bench, in Easter term last published by Denzell Lord Holles, partly for a further manifestation of their innocency, (of which, as he is informed, many do yet doubt) and partly for his own vindication, in regard of some passages at that tryal, which seemed very strongly to reflect upon him. Holles, Denzil Holles, Baron, 1599-1680. 1671 (1671) Wing T3064_VARIANT; ESTC R28675 28,423 48

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A True RELATION OF THE Unjust Accusation Of Certain French Gentlemen Charged with a Robbery of which they were most Innocent And the Proceedings upon it with their Tryal and Acquittall●● in the Court of Kings Bench in Easter Term last Published by DENZELL LORD HOLLES Partly for a further manifestation of their Innocency of which as he is informed many do yet doubt and partly for his own Vindication in regard of some Passages at that Tryal which seemed very strongly to reflect upon him London Printed by J. Darby for Richard Chiswel at the two Angels and Crown in Little-Britain 1671. COnceiving my self under some necessity not onely to make known the Innocency of a couple of young Gentlemen of the French Nation whom a curiosity of seeing other Countries besides their own had brought into England and who by a great deal of Art and Malice had been drawn into danger by a Robbery laid to their charge of which they were as free as the Child new born And also to vindicate my self of some blemish which was endeavoured to be cast upon me at the Tryal of those Gentlemen in the Kings Bench as if something had been done by me not fair nor justifiable in the carriage of that Business and some harsh usage which I received in Court These considerations have induced me to make publick the whole Proceeding from the beginning to the end But by the way let me answer one thing which may be objected Why I have staid so long to set out this Narrative it being now almost a twelve month since these transactions were which gave the occasion for it to which I say That it was still my desire before I made it publick in Print to be judicially cleared in my Reputation and before I did apply my self to any Higher Power cither King or Parliament to be so cleared to do my self first that right to declare the truth of all Passages whereby the clearness of my Proceedings might appear I still being in the same capacity and upon the same level as I was when those indignities were put upon me and when such a disguise was put upon the whole business as the truth could not appear that was to give a full and true account of all in an Ordinary Court of Justice which I would have done then in the Kings Bench but could not be suffered and for which I knew I should have an opportunity when those Gentlemen should bring their Action against the Persons who had so falsly and ma●itiously accused them as they have since done in the Court of Common Pleas and there I did them and my self that right to lay open the whole matter with which the Court and Jury were so well satisfied that they had a Verdict for Four hundred Pounds dammages against them and after that I immediately made my Complaint in the House of Lords for what concerned my self where I have received that Justice which hath abundantly satisfied me my Honour being the only thing dear unto me which before had been blemi●hed and was there cleared and now I come to present it all to the publick view and shall do it as succinctly as I may with all candor and sincerity These two Gentlemen One a youth of about 17 years of age called Valentine Simon Chevalier de Hoeville that is Knight of Hoeville according to the French stile he being destinated it seems by his Parents to be a Knight of Malta when they use to give them the Appellation of Knights even while very young before their going thither to take upon them the Vow and the Habit The other his Name is Adrian Lampriere S t des Mezieres young also but nineteen years old and of a good Family in Normandy as well as the other both of them Neighbours to my Wife and to her Estate in those parts These two young Men young●r Brothers but with money in their Purses came hither not to rob upon the High-Way but to see Fashions and have seen One with a Witness not very well to be liked by them They landed at Ratcliff the second or third of November and having a recommendation to lodge at Master Sedgewick's House a Ba●●●r in the Strand they came thither and there they continued till forced to lie in a Prison against their Wills Though they were Neighbours and their Parents of acquaintance and Friends to my Wife yet she heard not of them till they were made to cry to her out of the Goal of Hartford They excused it afterwards that they would not see her till they had put themselves into Black Clothes as most wore at that time They kept in their Lodgings and scarce ever went out but to their Dinners and Suppers at an Ordinary as several Credible Witnesses made it out at their Tryal from the day of their coming to London until the Thursday sennight after which was the 11th of November That day they and three others of their Countreymen whom they had fallen acquainted with here agreed to go see a Merchant about Barnet with whom they had some business Missing of him they resolved to go see Hatfield House One of their Company onely spake English whose Name was Beauuais themselves not one word and the other two as little For this Journey they hired Horses in two or three places from several Persons the best Horse not worth above three Pounds These Horses were brought to their Lodgings upon the Thursday Morning their Landlord's Wife passing her word for them One of the Company had no Boots a young Youth whose Father is a rich Merchant in Paris his Name Boutandon He lay in Long-Acre and took Horse there And it is said they had much adoe to get him upon his Horse having scarce ever been upon one before and Boots it is certain he had none at all nor they say never had any And not a Pistol among all five In this Equipage they began their Voyage how like to be High-Way Men let any man judge especially having no Language nor no knowledge of the Countrey or of one foot of the way in it and Horses that could scarce go out of a way when they were in it They came to Hatfield upon the Market Day went into the Market saw Hatfield House and coming back to their Inn the Town did rise upon them and apprehended them for Thieves that had robbed four Butchers whose names were Robert Simons Robert Bellingham Edward Lawrence and Solomon Grace upon Totternol Hill in Bedfordshire the Monday before being the eighth of November between three and four of the Clock in the Afternoon Those Butchers among the rest came and viewed them and having seen them One or two of them as I have been told were very doubtful of accusing them Solomon Grace by Name saying as one Murrel a Chirurgion who did then reside in Hatfield and was present hath assured me that he would not for the World say they were the men that did the Robbery Onely two of the Butchers
in the Bayl They first went to Sir ●●●ncis Bot●ler the Justice that had committed them told him who ●●●se Gentlen w●●e whom he had committed that they were persons known unto me s● far as that I would answer for them being very well assured that they were not guilty of that Robbery as having not stirred out of London all that day on which the Robbery was done in Bedfordthire at thirty miles distance from thence nor had been out of London from the time of their arrival thither out of France till the day before he committed them to Hertford-Gaol which was three dayes after the Robbery when they went from London to see Hatfield-House and that therefore I had sent them to him to be their Bayl But all this would not prevail with Sir Francis Boteler who bade them go to some other Justice saying It was not fit for him who had sent them to Prison to take Bayl for them to let them out He was then desired they might not lie in Irons but he would not meddle with that neither saying he left that to the Gaoler who knew how to keep them So they left him and went to seek some other Justice at Hertford And when they came thither they found a Letter there from Mr. Justice Morton that then they could not be bayled The Letter was directed to the Gaoler of Hertford as follows SIR THere being Information given to my Lord Chief Justice and my self that there are five high-way Robbers apprehended in Hertfordshire and committed to the Goal I am desired by my Lord Chief Justice to require you to look carefully to them that they do not escape out of your Custody and to iron them well And withall to write up unto Us by what Names they are committed to you and what their true Names are if you have or can discover the same because we are informed That they refuse to declare what their true Names are And the Return thereof you are to send by this Bearer and to be very careful that they may not escape or be bayled without our special Order And this we require you to perform at your utmost peril Chancery-Lane Nov. 15. 1669. Postscript I pray you That the Bearers hereof be admitted to view the Prisoners and to confer with them So Sedgwiek and he that went with him to bayl them returned next day to London re infecta brought me Copies of the Examination Mittimus and of Judge Mortons Letter With which I presently went to Serjeants-Inn to the Judge and discoursing the matter with him made it appear they could not be Thieves so he said they should be bayled but that he must speak first with the Chief-Justice because the Letter had been written by his advice and he would give me an account of it the next day in the Lords House He came accordingly and then told me the Case was altered since he had seen me for that the Butchers had now been with the Lord Chief-Justice and positively charged them with the Robbery upon their Oaths so as now they were not baylable I replied I thought it strange That first a Justice of Peace should send Men to Prison without any Oath against them of so much as Suspition keep them so long in Irons so hardly used and after several dayes lying so their Accusers to be sent for to swear to their Accusation when they had not done it before so to make good a posteriore what upon their Commitment before was not good For certainly their Imprisonment and all the Duress they had suffered without an Accusation upon Oath and to refuse bayling them was unjust and illegal And I said the King should be acquainted with it Which he was and the Chief-Justice was sent for and I commanded by his Majesty to attend at the same time which was the Monday after in the morning When we came thither the Chief-Justice telling the King they were Highway-men and I affirming they were not and that I would undertake for them body for body His Majesty said they should then be bayled and commanded the Chief-Justice accordingly to do it who said he would but yet was it a whole week after ere I could get them brought to the Kings-Bench Bar to be bayled For just that day sennight after upon the Monday they were brought thither and there I entered into a Recognizance of Two thousand Pounds for their Appearance at the next Assizes at Bedford And all that week they had lain in Irons in their nasty Hole at Hertford Nay I am credibly inform'd That when they were brought to the Side-Barr in Westminster-Hall in the morning before the Court sate the chief-Chief-Justice was angry because they had not Irons on which was a very great severity to poor young Gentlemen strangers whom the King had commanded to be bayled and whom if I may say it without vanity a Peer of the Realm had undertaken for in the Presence of his Majesty At Bedford Lent-Assizes they appeared and were indicted but their Tryal was by the King's Command removed by Certiorari into the King's-Bench And the first day of Easter Term they appeared there Whither I went not my self with them because the Small-Pox was in my House which made me keep within doors but I sent my Son bade him do my service to my Lord Chief-Justice tell him the occasion why I came not and that he was there to perform what was to be done for the bayling of those Gentlemen Now it seems the use is upon such a kind of Bayl after an Indictment upon a Certiorari to require four Persons to answer for the Prisoner body for body So my Son offered himself and Mr. Sedgwick the Landlord to these Gentlemen a Substantial Man worth at least two or three Thousand Pounds and two other men French-men but House-keepers and that live in a good fashion to be the Bayl The Chief-Justice asked those two what estate they had and if they would swear that all their Debts paid they were worth three hundred pounds which they refusing to do he put them by and would not accept of them for Bayl which I am told is not usual to be requied of such kind of Bayl that undertake body for body for a Prisoners being forthcoming Well bayled they were not but to Prison they went and there they continued until their Tryal upon Wednesday the 11th of May at which I was present in Court That day they were brought to the Barr and the four Butchers came their Accusers and were sworn in Court of whom three charged them with the Robbery And Solomon Grace was one of the three who had refused to swear against them when they were first seized on at Hatfield and afterwards at London when the Lord chief-Chief-Justice sent for him And I am very certain that he said afterwards in my house in my hearing and of several of my Servants that he had not sworn against them nor would for all the world The occasion of
his coming to my house I shall hereafter relate The fourth man Edward Lawrence said he saw the five Thieves at a distance but he rode for it and escaped and could not say it was those five men at the Barr. A fift man was produced one George Pettifo●d who said that he rode in Company with Beauvais within half a Mile of Totternel-Hill about two of the clock in the afternoon that day that the Robbery was but could not say any thing to the Robbery The Butchers said also that two of the Horses which they rode upon when they robbed them viz. that which Adrian Lampriere had a Bay with a white face and white feet and that which Beauvais had a Gray were taken with them at Hatfield where upon the Hue and Cry all the five men were apprehended Simmons said further that Beauuais was the man that took his Money ftom him And Bellingham said that the black man who was Adrian Lampriere when he overtook him held a Pistol to his Breast and swore to him Dam-me what Money hast tho● about thee and then rifled him and finding nothing took his Girdle and pulled his bridle off his horses head And the same Bellingham some-while after being again asked and put to it to repeat what Lampriere said and in what language he spake when he came to him He then answered that he said Dam-me and jabberd to him but he knew not well what he said So would not stand to what he had positively said before of Lamprieres asking him what Money he had in his Purse And I dare affirm that at that time Mr. Lampriere could not have spoken so much English to have gotten thereby all the Money in England Of which One Pinson that teacheth strangers the English tongue whom he hath since had to teach him will take his Oath This was the Charge Then the Prisoners being required to answer to it Mr. Lampriere began to give an account of himself what he was and what had brought him into this Kingdom That he was a Gentleman and came not hither to robb upon the High-way That his friends would rather wish him a thousand times dead than to be branded with such an Infamy And so was going on when the Chief-Justice interrupted him and bad him speak particularly to the matters of his Charge And certainly what he was saying was much to the purpose to shew in the first place the Improbability of his being guilty of such a Fact by being a Gentleman a stranger in this Country and whose friends would detest him if he had committed that Fact He then only named some Persons and desired they might be heard to prove that he could not be guilty of that Robbery for that he was in London all that Monday the 8 th of November when the Robbery was committed upon Totternol-htll in Bedford shire And first one Mr. Richard Compton an ancient Gentleman and as I am informed a Justice of Peace in his Country was produced who said That he lodged in the same House with the two Gentlemen at the Barr at Mr. Sedgewick's the Barber that he saw them there and spake with them the Saturday understanding French a little and saw them and spake with them the Monday which was the 8 th of November first in the morning and then at two of the clock in the afternoon and again at five of the clock the same Evening so then if he said true it was impossible they should be that day Robbing at Totternoll-hill And a grave Person of that Quality affirming a thing in such a solemn Assembly in a Court of Justice is certainly more to be believed then those Butchers even upon their Oathes who as it appears cared no more to hang men with taking a false Oath then to have knockt one of their Calves in the head and accordingly it seems the Jury did believe him He said further that he saw them also the Wednesday and thought he saw their Horses on Thursday which they rode on to Hatfield The Chief-Justice asked him how he came to take so good notice of his seeing them the Monday he answered that when he heard they were taken as Highway-men and to have done a Robbery such a day he had recollected his Memory how he had seen them at times all that day in London and had set it down in a Paper with the day of the Month and pointing to the two Gentlemen at the Barr to shew he meant them the Chief-Justice bad him name them He said he knew not their Names which the Chief-Justice presently laid hold on and asked him how then he could give such a Testimony of them he answered that they had told him their names but he had forgotten them and called them still only Monsieurs Next Thomas Doughty an antient man likewise a Sollicitor was called He said he saw those two Gentlemen in Mr. Sedgwick's house Saturday the 6 th of November and the Monday being the 8 th at three of the clock in the afternoon just the hour of the Robbery and saw them also there the Tuesday and the Wednesday The Chief-Justice asked him how he came to take so much notice of them he answered that he followed business for Mr. Sedgewick and so had occasion to come often to the house where he saw them Then Mr. Sedgewick was heard who said That those two Gentlemen viz. Mr. Lampriere and the Chevalier came to his house the 2 d of November being then newly arrived out of France and recommended by some body that had told them there were some in it that spake French And that from the time of their coming to London till the Thursday sennight that they went to Hatfield they had not been out of his house above two hours at a time and then only to their Dinners and Suppers at an Ordinary in Swan-Alley And that particularly upon Monday the 8th of November they were in his house all the morning till about eleven a clock and then went out to dinner to the Ordinary and came back about one or two and staid within till supper time and then went to the Ordinary and came back after supper The Chief-Justice asked him where they dined upon the Sunday before he said they dined with him at his house And that the Tuesday and Wednesday following they were within both forenoon and afternoon only going out to their meals that Thursday they took horse at his door to go to Barnet with a resolution to see Hatfield-House before their return Mris Sedgwick his Wife said that those two French-Gentlemen came to their house upon the 2 d day of November about ten of the clock in the forenoon brought thither by a Waterman to whom they having no English Money she gave a Crown for them That they went out to dinner to the Ordinary and afterwards came back and lay upon their beds and she saw them no more till the next day when she changed some French Gold for them That from
would say what ever he was bid to say And then asked him if he had been indicted for this Robbery he said No and the Chief-Justice replyed Now Sirrah you have confest enough and you shall be indicted or you may be indicted one of the two I am sure he said but which I will not positively affirm He had said in the account he gave That one of the Butchers breaking from them and galloping away he followed him over some Plowed-Lands and the Butcher asfirming it was Stubble he rode over the Chief-Justice made a great matter of it insinuating as if Walrond had said false and that he was not there at all but meerly took this Robbery upon himself at my sollicitation upon hope of his Pardon yet another of the Butchers confessed there was both Plowed-Land and Stubble And what was it material which it was It had been no wonder if neither could have told and that both had been mistaken For hardly doth either he that rides away from a Thief as fast as his Horse will carry him and sufficiently frighted withal or the Thief that rides as fast after him to overtake him mind the Ground they ride over Then Sir George Cbarnock was called in to testifie what Du-Val and Mac-Guy had confessed concerning this Robbery But first I must tell how the Butchers and Bellingham chiefly had a little before given Information That they had been sent for up to London by the Lord Holles his Warrant and carried to Du-Val at Newgate where Du-Val Mac-Guy and they were examined by two Men who pretended themselves to be Justices of Peace and who after they had examined Du-Val carried him to Mac-Guy but first went in themselves and staid with him half an hour and when they came into the Room they took him aside again and spake with him in private a good space acquainting him as Bellingham said he conceived with what Du-Val had confessed and promising him his Pardon and that then Mac-Guy said the same things with Du-Val and took the Robbery upon him as Du-Val had done before I must note that upon Bellingham's saying they were sent for by me I stood up and said that it was done by the King 's express Command The Chief-Justice asked Who were those Justices and what were their Names and used some expression to this sense That those Justices deserv'd to be sent to the Gaol themselves And withal cast his looks upon me and by his gesture and countenance seemed to mark out me as the Setter and Contriver of a foul Practice to send those Justices thither to make those condemned Persons own the Robbery and acquit the French-men So as all the standers-by took notice of it and looked upon me as well as did the Judge yet I sate still and would not say any thing in the Court to vindicate my self because I would not give any interruption to their proceedings as the chief-Chief-Justice had before told me that I did and I believed he might again have said the same But truly if I had done any unworthy thing even to have saved their lives or had any design of suborning or in any unfitting way perswading any body to do or speak for them or had contributed any thing to the effecting of such a design I should abhor my self for it And after I shall have gone through with all the Witnesses I shall then give an account and a very true one of all my transactions in that business And will now go on with the Testimony of Sir Goarge Charnock He said that himself and Mr. Andrew Blackwell Counsellor at Law and Mr. William Sedgwick and one of his Majesties Messengers were sent by me together with Bellingham and other the Prosecutors to Du-Val to Newgate just before his going to Execution That they found him in a room which was not very dark and yet had also a Candle in it so as Du-Val and the Butchers mighteasily discern one another and he asked them whether they knew one another Du-Val confessed that he and his Camerades had committed the Robbery upon those men and named Walrond Ashenhurst Cassels and Mac-Guy to have been those that were then with him at that Robbery That Bellingham thereupon swore By God he was not the Person that Robbed them And Du-Val upon that said Friend be cautious how you swear and prosecute Innocent Persons for men of your profession Butchers care not what you swear against any man And instanced in a Robbery in Surry committed by him and others upon some Butchers which they had charged peremptorily upon other persons that were innocent And then said further to Bellingham You may remember it was I by the same token that you fled from me over the Plowed-Lands and my horse tired so as I left following you and walked back with my horse in my hand And Sir George Charnock said that he then asked Bellingbam what he said to that and that Bellingham was startled at it and confessed it to be true that he did ride away from them towards Layton And so was going on with his Testimony when the Chief-Justice interrupted him and required him to answer a Question which he would propose which was to know how long he had been with Mac-Guy before the Butchers saw him To which he answcred That he desired his Lordship he might first give a full account of what Du-Val had confessed and that then he would tell all that had passed with Mac-Guy But his Lordship would not suffer him but said Pray you Sir George go on no further but answer this Question Whereupon he told him that he was a little while with Mac-Guy but not alone for Mr. Blackwell and young Sedgwick were there as well as he and that he asked Mac-Guy if he was one of the Persons which had committed such a Robbery and he denyed it whereupon he sent for the Butchers in t o the room and desired them to look upon Mac-Guy and see if they knew him which they said they did not The Chief-Justice then asked him if he took not Mac-Guy aside the 2 d time he said he did but Mr. Blackwell and young Sedgwick still present and that it was only to make him discharge his Conscience and tell the truth which he conceived it to be his duty to do and so was going on to relate all passages But the Chief-Justice stopt him and with much sharpness reproved him saying Sir George you have gone too far and have done too much already here hath been a foul Contrivance it would be examined by what Authority you have done it And would hear him no further nor suffer him to read Du-Val and Mac-Guy's Examinations which he had in his hand and shewed unto him notwithstanding that both Sir George and my self had just before told him that all had been done by the Kings express command Then the Masters Mate of the Ship John Burdick who brought over the two Gentlemen into England was called He said that he
took in those two Gentlemen viz. Mr. Hoeville and Mr. Lampriere and one Servant of theirs aboard his Ship at Roven upon the 27 th of October that he landed them at Ratcliff upon the third of November that they went into London that day and came back and lay that night on shore in Ratcliff and the next day they went again to London and came no more And he sent a Seaman along with them to carry their things The Chief-Justice then asked him if he was sure that he landed them the 3 d of November he answered Yes for that he had set it down in writing and had it ready in his hand to shew Then Sedgwick the Father was presently called and asked again What day those two came to his house he said as before the second of November And sharp Reflections were made upon this faltering in his Testimony as if the stress of the matter had lain in this Whether the second or third of November was the day of their landing which no man will say could signifie any thing to prove whether or no they had been robbing upon Totternol-hill the eighth And so ended the Tryal of those two Gentlemen Hoeville and Lampriere Then Paul Beauvais was called upon to answer for himself And he desired only that his Witnesses might be heard to prove his being in London the day of the Robbery And first Sir Steven Fox was called who being in Court affirmed upon his Salvation that he saw Beauvais at a French Play that very day from three of the clock in the afternoon untill seven Note this was the very time of the Robbery The chief-Chief-Justice asked him How he came to take notice that it was that very day Of which Sir Stephen gave this account That his Wife and himself and his Daughter and a Gentlewoman that waited on his Daughter were that Monday at the French Play and his Daughter sitting before him in the Box looked over into the Pit and saw Beauvais there and turned back to him saying Father Paul Beauvais is not gone into France I see him here Whereupon lie said he looked over also into the Pit and did see him there and saw him also and spoke to him at the end of the Play about seven of the Clock He said also That he was then to go into France to his Mother and that he thought him gone And for his taking such particular notice of him and his being there that very day Monday the eighth of November for that was asked of him as well as of others He gave this Reason That hearing so presently after within four dayes that Beauvais was taken with some others and committed to Hertford Gaol for a Robbery done that day he easily recollected himself and remembred his being that day at the French Play and this upon his Salvation he declared to be true His Wife the Lady Fox and their Daughter and the Waiting-Gentlewoman confirmed all that Sir Stephen had said Then one Mac-Don as I remember his name who in Beauvais's Examination at Hatfield is called Mr. Munduglas but whether mistaken there or here or in both I know not a Scotch-man at whose house Beauvais lodged was called who said that Beauvais and Guinet the other Prisoner with him were at his house the said Monday and after dinner they went into Holburn as themselves said to a Barber there And that Barber he came and said that they were at his house about two of the clock in the afternoon that day and that Guinet cut his the said Barber 's hair and afterwards that they went both of them from his house and said they would go to a Play I must not omit one passage more upon the Testimony given by a Woman whose name I have forgot produced on the behalf of the Prisoners she saying she had upon the Wednesday hired out a Gray Mare to carry one of them to Hatfield and the Butchers having said that one of the Thieves that robbed them the Monday before on Totternol-hill was upon a Gray Mare the Chief-Justice to shew the colour was the same and that so it might be thought to be the same Mare would have the Woman repeat it again and therefore asked her What colour her Gray Mare was of which having moved some laughter he put it of with a jest mentioning the old saying that the Gray Mare is the better Horse And so the Examination of Witnesses for the Prisoners ended For the Judges said there was not Evidence against the other two Prisoners viz. Guinet and Boutandon wherefore there was no need of hearing any more Witnesses on their parts And then calling the Jury the Chief-Justice applied himself to them and to the summing up of the Evidence which had been given pro and con for the Prisoners and against them In which to be short I shall only say that he insisted much upon the contradictions which he said he had observed in the Evidence brought on the Prisoners behalves the Witnesses thwarting and contradicting one another which took off much from the Credit of their Testimony and that three men had positively charged them with that Robbery upon their Oaths Only he acknowledged something to have been said materially by Sir Stephen Fox for the clearing of Beauvais and so would have differenced his case from that of the two young Gentlemen whom I had appeared for and bayled and what ground there was for it let any indifferent man judge that reades this Narrative But so he left it to the Jury The Jury then went together from the Bar and after some two hours stay returned and delivered in their Verdict Not Guilty Upon which Mr. Justice Morton as I am informed for I was then gone out of the Court said to them Gentlemen you have done well and if I had been of the Jury I should have done the same thing that you have done And so the Tryal ended And now I shall give an account what hand I had in taking the Consessions of Du-Val and Mac-Guy and likewise of Walrond I was from the beginning as certain as I could be of any thing that I had not seen with my own eyes that the two French Gentlemen were most Innocent of the Robbery which was laid to their charge And I did verily believe That Du-Val who likewise was a French-man but spake as good English as any natural-born English-man had done the Feat and that the Butchers might be deceived taking one French-man for another and really think themselves in the right accusing those they did and so be guilty of false swearing without knowing it Wherefore when Du-Val was apprehended I did within a day or two after take a Gentleman with me one Mr. Hull of Dorsetshire and went to Newgate to speak with him and when I came thither I did send for him into the Hall which was full of People as it could hold come out of curiosity it seems to see him though I knew none of them except Mr. Charles
prevailed Innocency hath found Protection and all Machinations and Contrivances against both Justice and Innocency have been defeated and the Parties wronged have received some Reparation for the Injuries which were then offered unto them For those Gentlemen have since brought their Action against the Butchers for their Unjust and Malicious Prosecution of them and have recovered Four Hundred Pounds Dammages in the Court of Common-Pleas before the Lord chief-Chief-Justice Vaughan And I have made my Complaint to the House of Peers of the Lord Chief-Justice Keeling his as I thought unfitting Expressions and Carriage in relation to me particularly for laying to my Charge a foule Contrivance in the carriage of this business as I then understood it and I do believe all that heard him when those words were uttered by him but he hath since denied that he meant it of me so I am satisfied And their Lordships have called him before them and after hearing us both have adjudged him to make me a Satisfaction which he hath accordingly made as is expressed in their Order of Friday the 10 th of March 1670 entred upon Record in their Journal-Book with which I shall conclude The Record is as followeth Die Veneris decimo Martii 1670. THis day the Lord Holles produced several Witnesses to be examined concerning his Complaint in his Petition of several Indignities put upon him by the Lord Chief Justice of the Court of Kings-Bench at the Tryal of some French-Gentlemen in the said Court of Kings-Bench who were there falsly accused of a Robbery by four Butchers in Easter-Term last After the hearing of which Witnesses the Lord chief-Chief-Justice made his defence and denyed that he intended any thing against the Lord Holles when he spake those words at the said Tryal That it was a foule Contrivance c. as in the Petition is set forth To which Defence the Lord Holles made a short Reply and then voluntarily withdrew himself and the Lord-Chief-Justice withdrew himself also Upon which the House took the whole matter into serious consideration and ordered That the Lord Chief-Justice should be called to his place as a Judge and openly in the presence of the Lord Holles the Lord-Keeper should let him know That this House is not satisfied with his carriage towards the Lord Holles in this business and therfore hath Ordered that he should make this Acknowledgment which is to be read by the Clerk as followeth That he did not mean it of the Lord Holles when he spake those words That it was a foul Contrivance and that he is sorry that by his behaviour or expressions he gave any occasion to interpret those words otherwise and asks the Pardon of this House and of the Lord Holles Then the Lord Chief-Justice of the Court of King's-Bench was called to his place the Lord Holles being also present the Lord-Keeper performed the directions of the House and the Lord chief-Chief-Justice read the Acknowledgment abovesaid onely changing the style into the first person John Browne Cleric Parliamentorum And this being the true state of the whole Business I do appeal to all Mankind to judge if there was any colour of Truth in that Accusation of the French-Gentlemen by these Butchers if in the least degree they were deserving such a Prosecution and much less the thing aimed at by that Prosecution the taking away of their Lives And if I by endeavouring as I did their Assistance and Preservation deserved any blame either for the Matter or Manner of it FINIS