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A63151 The tryal and condemnation of several notorious malefactors, at a sessions of Oyer and Terminer holden for the city of London, county of Middlesex, and goal delivery of Newgate, beginning July 6, 1681, ending the 9 of the same month at the sessions house in the Old-Baily together with an account of the proceedings against the Right Honourable the Earl of Shaftsbury, and the Lord Howard Baron of Escreek : and also of a bill of high-treason, presented to the Grand Jury of London, against Stephen Colledg, of St. Ann Black-fryers. 1681 (1681) Wing T2151; ESTC R17271 3,628 4

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THE TRYAL and CONDEMNATION OF Several Notorious Malefactors at a Sessions of OYER and TERMINER holden for the City of LONDON County of Middlesex and Goal Delivery of Newgate Beginning July 6. 1681. Ending the 9 of the same Month. AT THE Sessions House IN THE OLD-BAYLY Together with an Account of the proceedings against the Right Honorable the Earl of Shaftsbury and the Lord Howard Baron of Escreek And also of a Bill of High-Treason presented to the Grand Jury of London against Stephen Colledg of St. Ann Black-fryers ONE Samuel Rumny was Indicted for having two Wives both being alive at one and the same time he Marrying the first in England and Lived with her for the space of three or four years went beyond Sea where at Boston in New-England he personating a Knight of that Country and taking his Name upon him Marryed another to his Indictment he Pleaded Guilty saying That his last Wife who prosecuted was the occasion of his Committing that Fellony for she contrary to his Inclination Tempted him to Marry her and that she had been a continual Torment to him ever since William Richardson and two more being brought to the Bar and their Indictments read which were that they stood Indicted for Robing on the High-way to their Indictents they all Pleaded Guilty William Buckly a Youth was Tryed for the Murthering of one William Clenchard on the 23 of June last near St. James's Market after this manner the party Killed being a Baliffs Follower he and 3 more attending a Marshals Court-Officer to Arrest Richard Boil Esq having some notice that he intended to go into the Country they Watched for his coming out a good part of the day when at last he came in his Coach drawn by 4 Horses and the Prisoner riding upon a single Horse with a Case of Pistols before him some of the Baliffs planting themselves on each side the Coach to make the Arrest whilst the Deceased stop'd the Horses which the now Prisoner observing and that his Master was scufling with the rest of them let fly a Pistol which only Grazed upon the ground but seeing his Master taken out of the Coach he fired another loaden with two Bullets which enterd six Inches into the Belly of the Deceased whereupon he fell and after having Cryed out O I am Shot I am Killed he dyed upon the place notwithstanding the Baliffs carryed off their Prisoner against whom they had two Writs amounting to 112 l. the Youth alledged what he did was in his own Defence and that holding the Pistol up to save him from a Blow it unhappily went off but it being proved that he fired before and gave several Threatning Words the Deceased being upon Executing the Kings Writ c. the Prisoner was found Guilty of Murther for which Cases the Law cannot allow it Man-slaughter Elisabeth Maidstone alias Moor was Tryed for stealing 2 Handcarcheifs a pair of Sleeves Ruffles Coifs and other Linnen to the value of ten shillings from Elisabeth Manly in Corn-hill the things were proved to be taken upon her and after a short denyal she Confessed the Robery and was brought in Guilty Thomas Gibson and Robert Hawkson were Tryed for setting upon and Robing Edward Bets Servant to Richard Cradock Esq near Newington taking from him 2 Gowns 2 peices of Silk Mony and other things to the value of 20 l. and after having beat and bound him they made for London where one of them being Apprehended confestd the other who upon his Tryal did acknowledge he was there when the Robery was done but that he came Accidentally and did not meddle in taking any thing from the Prosecutor there being three Fellows upon him who had him down c. of which the said Hawkson was one but this Sham would not take for upon the Evidences Swearing point blank that he was one concern'd they were both found Guilty Ann Smith Mary Roly and Elisabeth Wolf three notorious Shop-lifts were Tryed for stealing a piece of Flowered-silk to the worth of five pounds out of the Shop of Mr. Tryerwood in Corn-hill after this manner two of them coming in to cheapen Silk whilst the other stood without but instead of buying whilst the Servants were busy they conveyed away the aforesaid piece which they had Cheapned and delivered it to their Confederate but being observed by an Opposite Neighbour notice was given they persued and Apprehended all three she in whose Custody it was taken Pleaded they gave it her to carry for them and that she never saw them before but that was Contradicted by some who saw them Discoursing together before the Fellony was Committed the Jury believing them to be all of a Gang brought them in Guilty The Petitions of the Right Honorable the Earl of Shaftsbury William Lord Howard Baron of Eschreek Stephen Colledge John Rouse Prisoners in the Tower of London and William Hetherington Prisoner in the County Goal of Newgate presented their Petitions to the Right Honorable Sir Patince Ward Lord Mayor and the Judges and Justices of the Peace sitting on Commission of Oyer and Terminer for London and Middlesex In which were contained their several Prayers That seeing they had been Committed for High-Treason and other Crimes but no prosecution being made against them they requested they might be either speedily proceeded against or Bailed according to the Act made in the thirteenth year of his now Majesty for the securing the Liberty of the Subject which Petitions were read by the Clerk of the Crown and upon Motion of Council Ordered to be taken into Consideration Mr. Attorny General objected against the Pettyt Jury for London alledging They were not Church-men or persons fitly qualified to serve their King and Country To which Mr. Sheriffs Answered That they had returned them according to Law and they knew nothing to the contrary but they were men of candid Reputations but in fine they were dismissed for that time and ordered to attend the Court on Fryday morning next till which time the Sessions was Adjourned The Grand Jury according to Order attending the Court Mr Attorny General made his Exceptions against two or three of them as not being observers of the Kings Laws and that the Jury were returned at the Nomination of others which by the Statute of Tertio Henry 8. ought not to be but after some debate a Bill of High-Treason was delivered to them against Stephen Colledg of St. Ann Black-fryers Wherein was specified That he had Traiterously Conspired against the Life of his Majesty he intending to depose and Murther him in Order to which He had provided Armour and other Habillaments of War to seize upon his Majesty at Oxford c. After the Reading the Indictment Mr. Attorney desired the Witnesses might be sworn to it in Court which was granted whereupon Mr. Smith Mr. Dugdale Mr. Haynes the Two Macnamarra's and Sir W. ●ennings alleaged several desperate Treasons against him as that he told them He was one that was to seise the King at Oxford and that unlese he would comply with his Parliament there would be ready thousands to secure him And that he was prepared with Armor for that purpose which he shew'd them c. The Evidence was long and full of weight So that the Jury received the Bill after Dinner return'd it Ignoramus And at the same time presented a Petition subscribed to the Court That whereas they were informed That several Priests and Jesuites that lay under Sentence of condemnation did dayly Plot and contrive by sundry Means to work out their Ddliverance and that by Commission from Rome they sate and consulted the Destruction of the Protestants by forging divers and sundry devices against them wherefore they prayed That they might either be removed far from this City or other means taken to secure them from such like attempts for the future which Petition the Court received and order'd to be Read My Lord Cheif Justice promising to acquaint his Majesty with their Prayers John Plat took his Tryal for breaking open the House of James Holms in the Parish of Hornsey in the Company of several others some of which have been already Executed and taking thence Plate wearing Apparel coined Silver and broad peices of Gold to the value of 60 pounds and Barbarously using the people of the House by Wounding Beating of them he pleaded he was not there but a great many Miles distant at the time of the Robery but not being able to produce Testimony thereof and on the other side the Prosecutor Swearing positive 〈◊〉 was found Guilty of the Fellony and Burglary Th Cook was tryed for breaking ●pen the shop of one Will ' Smith a Barber in Broad st●eet during his being above stairs and felloniously taking away a Silver Tankard 2 Coats 1 Cloak 3 Perriwigs and 13 l. in money one of the Perriwigs being taken upon his head when apprehended he offering Composition but he once found mercy was brought in guildy John Comp●on was tryed for coming into a Shop in St Clement Danes and in the Absence of the People open'd the Till of a C●unter and took thence 6 l and being askd a hour after about it in Court denyed it saying he had Money enough and an Estate but there were shrewd Circumstances he was brought in guilty of the Felony only Motion being made by Mr. Williams late Speaker of the House of Commons That the Right Honorable the Earl of Shaftsbury might be bailed by reason there was no Prosecution entred against him there being several worthy Peers offered to engage for him My Lord Chief Justice told him That nor only himself but 9 more of the Judges foreseeing they would make a Motion had consulted the Matter and were all of Opinion It was not in their Power to deliver his Lordship The Tower not being within the Limits of that Commission they sat by but if it had been Term-time he might have been removed to the Kings-bench-Bar and there relieved Mr. Wallop likewise moved for the Lord Howard but was answered as the former Mr. Francis Smith and Mr. Sam. Harris having no Prosecutions entred against them were discharged by Proclamation And Mr. Hethrington stiled the Manager of the Irish Evidence upon Bail was ordered to be set at large this Sessions There were 9 condemn'd viz. Th. Gibson Ro. Hawkson W. Buckly W. Richardson I. Plat Ann Smith Mary Roly Eliz. Wolf 4 Burnt in the hand 3 for Transportation and 4 to be whipt London Printed for I. Guilford 1681.