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A63221 The Tryals of several notorious malefactors together with the other most remarkable proceedings at the Quarter-Sessions of goale delivery holden at the sessions house in the Old-Bailey ... which began on Munday October 17, 1681 ... England and Wales. Court of Oyer and Terminer and Gaol Delivery (London and Middlesex). 1681 (1681) Wing T2258; ESTC R27543 4,726 4

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THE TRYALS Of several Notorious MALEFACTORS TOGETHER With the other most Remarkable PROCEEDINGS AT THE Quarter-Sessions OF GOALE-DELIVERY Holden at the Sessions-House in the Old-Bailey for the City of LONDON and County of MIDDLESEX Which began on MUNDAY October 17. 1681. and ended on Wednesday the Nineteenth of the same instant OCtober 17. This day the Sessions began at the Sessions-house in the Old-baily holden there for the City of London County of Middlesex and Goale-Delivery of Newgate where the most remarkable proceedings were these After the Court had sat about an hour there being the two Lord Chief Justices my Lord Chief Baron and seven other Judges present the Right Honourable the Earl of Shaftesbury William Lord Howard Baron of Escreck Mr. John Wilmore Mr. Edward Whittaker Mr. John Rouse Prisoners in the Tower of London upon Commitments of High-Treason and of Samuel Wilson Prisoner in the Gate-house upon the like Commitment were tendred to the Court and by the order of my Lord Chief Justice Pemberton publickly read c. all of them tending to one and the same purport shewing that the aforesaid Petitioners having been Committed for the heinous Crime of High Treason against his Majesty as by the Warrants of their Commitments appears and have been continued Prisoners without any manner of prosecution notwithstanding some of them having twice Petitioned that Honourable Court to be brought thither by Habeas Corpus to be Tryed or Bailed therefore they again humbly besought their Lordships that according to the Tenor of the Act made and provided for the securing the Liberty of the Subject they might then be brought by Habeas Corpus to receive the benefit of the said Act according to the intent and meaning thereof As to the Petitions of the Prisoners in the Tower my Lord Chief Justice was pleased to return for answer That it had been and was the Opinion of all the Judges That the Tower was a Prison not within the Jurisdiction of that Court and therefore as he had formerly told them so he did again declare That it was not in their power to relieve them but that they must the first week in the Term apply themselves to the Court of Kings-Bench and if no prosecution was made they might there receive the benefit of the Act for securing the Liberty of the Subject As for the latter viz. Mr. Wilson his Lordship said They sate only by a Commission of Goale-delivery and he not being in the Goale of Newgate the Court had not to do with him Then the Grand-Jury for the City of London appearing Mr. Jones and Mr. North Counsels for the King made objections against the returning of the Pannel first for that one and the same men were returned upon a Precept of Oyer and Terminer and Goale-delivery but the Opinion of the Court being that such Returns were usual they prayed that they might be called over before they were Sworn for as much as they had been informed that some of them had been Returned at the nomination of persons that were not the Sheriffs sworn Ministers which was contrary to the Statute of 3 Hen. 8. And farther that they had been informed they were not observers of the Kings Laws in as much as they frequented Conventicles and resort not to their respective Parish-Churches and therefore prayed the Pannel might be reformed To which Objection Mr. Sheriff Pilkinton answered That he knew them to be all worthy Gentlemen and men of unspotted Reputations and that he had returned them at the nomination of no person but upon his own certain knowledge of their being substantial Citizens Then at the request of Mr. Sollicitor General they being demanded whether they resorted to Church my Lord Mayor was pleased to answer That he was well satisfyed in several of them that they were good Churchmen so that there was only two amongst them that seemed to scruple to give a positive answer to that demand viz. Mr. Crisp and Mr. Loggan whereupon after a long debate and the reading of the Statute of 3 Hen. 8. twice or thrice over the Sheriffs gave their consents to the racing out their Names and inserting two others John Pack was Tryed for stealing a Gelding valued at five pound from William Pack his Master living near Rochester in the County of Kent but for as much as the Horse being brought up to London and found in Water-lane where he had disposed of him the Felony was laid in London He being askt what he could say for himself only alleadged that his Master lent him the Horse but having Robbed him of several things of value at the same time the Jury found him guilty of the Felony John Fulnum was likewise Tryed for the Murthering of Sarah Richardson on the twenty seventh of September last the manner thus he coming up Sea-coal-lane in the Parish of St. Sepulchres with a Dray in which he had two Horses who upon a suddain starting from the mid-way ran the Dray up against the wall whenas the party deceased who was a Girl of about four or five years of age thinking to secure herself behind a great stone that stood up at a Masons door the wheel drove it down upon her and crushed her to death but the Witnesses speaking very favourably on the Prisoners side how he used his utmost endeavours to save the Child and that he expressed abundance of sorrow upon the sight of that unlucky accident he was acquitted of the Felony but the Court thought fit to bind him to his good Behaviour as likewise the Master of the Dray to appear at the Sessions of Peace to be holden at Guild-hall next Friday and ordered the Mother of the deceased to prosecute the Mason for that he being Indicted had brought a Certiorari to remove Francisco Ferdinando a Dutchman was Tryed for entring a House in the Parish of St. Mary Wolnooth breaking open a Chest and taking from thence several parcels of Linnen but the woman of the house coming up before he could convey himself away he was apprehended Upon his Tryal he alleadged he could not speak English whereupon an Interpreter was ordered him and a Jury of half Forreigners and half English were Impannelled who after a full hearing of the Evidence against him brought him in guilty of the Felony John King and John Winel were Tryed for feloniously Murthering of Robert Reeks a young man of the Queens Guards near the May-pole in the Strand the manner of the Fact as it was Sworn to by the Evidence was as followeth The deceased and the Prisoners meeting in a Coffee-house happened into discourse about divers affairs whereupon a contest arising between them they fell to quarrelling but by the perswasions of some persons present those feuds were seemingly laid aside and they departed as good friends but by the way they again falling at variance the Prisoners drew their Swords upon pretence that the deceased justled them and struck the latter with his Cane which he perceiving drew likewise upon which