Col. Turner That after that night VVilliam Turner never saw Col. Turner nor the other persons in the Robbery till himself with Col. Turner and others were arraigned for the fact at Newgate Neither did the said VVilliam Turner see any Money or Jewels opened neither did he receive one penny of the money neither was he in the Compting-House of Mr. Tryan That neither Col. Turner's Wife nor Sons knew of this Robbery only that they helped him to remove the money away on Saturday morning That the money was in the house on Fryday at night when the Constable and Marshal searched his house but they had hid them That Col. Turner being asked where the Jewels were on Saturday morning said he did deliver them at six of the clock to VVhite in both the Bags That the Carkanet of Rubies was not in those Bags That Col. Turner in the conclusion confessed That he had not done that he did but that he did lately understand that another person was made Executor and that he was resolved to have somewhat After Colonel Turner his Examination Sir Tho. Alleyn told Colonel Turner that the first part of Repentance was Confession the second Restitution and he being a Convict Person and in all probability not likely to continue long in this world it were much better for him to restore what was another mans then to think to enrich his Wife and Children by leaving them that which he knew was none of his and that one peny of his own Estate left him would continue longer with him then a pound of another bodies and thereupon he was pressed to restore Mr. Tryan the rest of his money and the Carkanet of Rubies and Diamonds yet in his custody This had such a present influence upon Mr. Turner that he said he would immediately go and fetch the Carkanet which he accordingly did and delivered the same into the hands of Sir Richard Rives one of the Sheriffs January the 19th in the evening Clerk Set James Turner to the Bar. James Turner hold up thy hand Thou standest here convicted of Felony and Burglary for the felonious stealing of the goods and money of Francis Tryan what canst thou say why the Court should not give thee Judgement to die according to Law Cal. Turner My Lord I humbly desire your Honour and the Honourable Bench you would be pleased to grant me a Reprieve J. Howel That we cannot do the Court must give Judgement upon you if you can by any means prevail with his Majesty to do it you may use your interest but the Court cannot do it Col. Turner I desire your Honours I may be transported J. Howel That likewise is in the power of his Majesty that he may do if he please it is not in the power of the Court we have nothing to do but to give Judgement Col. Turner You do it with others J. Howel No not in this case of Burglary but leave that to his Majesties meer mercy and grace Col. Turner My Lord I shall humbly desire that my Wife and the two Youths may be discharged J. Howel She is found Not Guilty and therefore she shall have her Acquital upon the discharge of the Jayl those that are acquitted they must be discharged if the Court do not see cause for their further detention Col. Turner I pray the young man and my Wife may be discharged J. Howel Whosoever are found not guilty must have their discharge according to Law Col. Turner My Lord I hope the Bench is satisfied about the young man J. Howel Say no more Col. Turner Your Honours humble servant Clerk Set James Turner to the Bar. J. Howel I must pronounce the Judgement of the Court which is That you go to the place from whence you came and so to that place of execution which shall be appointed to you by Authority there to be hanged by the neck till you be dead and the Lord have mercy on your soul Accordingly the said Colonel James Turner was drawn in a Cart from Newgate to Lymestreet end in Leaden-hall-street the 21 of January and was there executed on a Gibbet erected for that purpose FINIS Advertisements A New Survey of the Turkish Empire and Government their Laws Religions and Customes in a brief History deduced to this present time with the Reign of the now Grand Seignior Mahomet the fourth the present Emperour of that mighty Nation with a relation of the siege of Newhausel The second part of the New Survey of the Turkish Empire containing first the extent of his Dominions when and by whom conquered secondly an account of the Tartars thirdly the life of Mahomet the Impostor fourthly their Militia fifthly their Government Civil and Ecclesiastical sixthly the continuation of the History Being the most absolute and compleatest piece that ever was written of that Nation The original and growth of the Spanish Monarchy united with the House of Austria Extracted from those Chronicles Annals Registers and Genealogies that yeild any faithful representation how the Houses of Castile Aragon and Burgundy became knit and combin'd into one Body To which are added several Discourses of those Accessions and Improvements in Italy Africk with the East and west-Indies that are now annexed by alliance or conquest to the Diadem of Spain By Thomas Philpot M. A. formerly of Clare-hall in Cambridge All sold by Henry Marsh at the Princes Arms in Chancery-lane
am content L. C. Just Hide If you want any thing either money or Cloaths or any thing else you may have them Turner My Lord the greatest thing will be some writings and papers which will concern me at my Tryall to clear me then L. Ch. J. Hide Do this nominate one person the Sheriff another to go with him and what writings you will have brought they shall take a note of them and bring them to you Turner I have divers writings of Gentlemens Estates Bonds and things in my hands and the papers are amongst them and I do beg I may with the Keeper go my self now L. Ch. J. Hide I cannot nor the Court give you leave you stand Indicted for Felony and Burglary Turner Let my Sons go my Lord. L. Ch. J. They are Indicted too and are not Bailable if Mr. Sheriff who is answerable for you will send any with them he may Sir Rich. Ford. I shall be willing to serve you Gentlemen so far my self if your Lordship will spare me from further Service here to go with such person as he shall appoint L. Ch. J. We leave that to Mr. Sheriffs Civility we can give no rule for it Turner I may be cut off of my life if I want my papers L. Ch. J. Bridgman Doth your life depend upon this Evidence in matter of fact Turner My Lord I have been so strangely handled in this businesse I know not where it depends Sir Rich. Ford. If he will say in what Trunk or Chest they are in they shal be brought to the Court Thereupon Mr. Turner offered to send a Pillowbeer and the Sheriff said he should have the writings L. Ch. J. Hide Provide your self for tomorrow Mr. Turner we will then go on Turner I have an humble request to your Honours and Honourable Bench I would beg an Order to bring in some Witnesses who are Mr. Tryan's friends now though mine lately divers would come in but send me word they dare not except they are Summoned by an Order of your Lordships L. Ch. J. We will help what the Law will do but this cannot be done those that will come in voluntarily may the Law will not admit us to Summon any Witnesses you see when any come against the King we cannot put them to their Oaths much lesse can we precept them to come Turner Pray my Lord let some of the Sheriffs Officers wish them to come not from the Bench. L. Ch. J. We cannot direct any thing in 't Turner I desire the Party himself may be here L. Ch. J. We cannot compell him Turner Then I have no Witnesse in the world this is a sad thing that the Persecutor being able will not come I hope you will advise him to come L. Ch. J. The Law is open the same to every man you shall have that that is due to any man you cannot have more and lesse you shall not have if he be bound we will call him Turner What if he will forfeit his Recognizance L. Ch. J. We cannot help that but we think you need not fear his not coming he intends to be here And afterwards the Prisoners were conveyed back to the Goal 16. January in the Morning The Court being set and Proclamation made the Jury was call'd viz. William Bookey Tho Seawell Will. Allin John Port. Francis Coles Robert Masters Tho. Hickson John Andrews John Jacob. David Bolger Hen. Hague Lewis Tayte Who severally answered to their Names Clerk Set up James Turner John Turner William Turner Mary Turner and Ely Turner Who with some Felons were accordingly set to the Bar. You the Prisoners that were last called to the Bar those men that you shall hear called and personally appear must passe between our Soveraign Lord the King and you for your several lives and deaths If you or any of you will Challenge them or any of them you must challenge them when they come to the Book to be sworn before they be sworn Silence Commanded twice Clerk William Pookey Look upon the Prisoner You shall well and truely try and true deliverance make between our Soveraign Lord the King and the Prisoners at the Bar whom you shall have in Charge according to your Evidence So help you God And so all the rest were sworn save only Lewis Tayte against whom he excepted there being some little difference at present between them but my Lord Chief Justices told him he need not give any reason for it he was free to except any without cause Thereupon Capt. Edward Micoe was sworn in his roome Count these Cryer William Bookey c. twelve good men and true stand together and hear your Evidence Clerk Cryer make Proclamation O Yes If any man can inform my Lords the King's Justices the King's Serjeant or the King's Attorney before this Inquest be taken between our Soveraign Lord the King and the Prisoners at the Bar let them come forth and they shall be heard for now the Prisoners stand at the Bar upon their deliverance and all others bound by Recognisance to give Evidence against any the Prisoners at the Bar come forth and give evidence or else you will forfeit your Recognisances Clerk Cryer Call Francis Tryan William Hill Fred Ixam John Garret Jacob Watcher Eliz. Fry Ann Ball John Gurney Francis Millington John Alsop Peter Culley Ralph Tasker William Dawes John Rouse Richard Roberts Nath Clarke Robert Cole Edward Cole They all came into the Court Clerk James Turner hold up thy hand and so the rest Here the Indictment was read again Upon this Indictment they have been Arraigned and thereunto have severally pleaded Not Guilty and for their Tryalls have put themselves upon God and the Countrey which Countrey you are Your charge is to inquire whether the said James John and William Turner or any of them be guilty of this Felony and Burglary in manner and form as they stand Indicted or not guilty and whether the said Mary and Ely Turner are guilty of the Felony as Accessaries to the said John If you find them guilty you shall enquire what Goods and Chattels Lands and Tenements they or any of them had at the time of the Commiting this Felony and Burglary or at any time since if you find them not guilty you shall inquire if they fled for it if you find that they did fly for it you shall inquire c. as if you had found them guilty If you find them not guilty and that they did not fly for it say so and no more and hear your Evidence But if you acquit James John and William Turner of the Felony and Burglary then you shall not inquire after Mary and Ely as Accessaries Sir Thomas Aleyn sworn The Evidence that you shall give c. L. Ch. J. Hide Pray Sir Thomas Aleyn tell your knowledge to the Jury Sir T. A. May it please your Lordships and you Gentlemen of the Jury Upon Friday morning last was seven-night I heard of this Robbery at Guild Hall and the
me to the Compter no I cannot do you think I would make an escape I cannot tell but I will not bring my self into danger he prayed me I would give him leave to go home I must make my Warrant If the Marshal and Constable will do any thing I shall not direct them He desired his Wife might go and fetch some Linnen L. Ch. J. Bridgman What day were the Jewels delivered Sir T. A. Saturday L. Bridgman Thursday was the Robbery Friday he was Examined Saturday the Money was removed and that night the Jewels were brought and he committed Sir T. A. If I have said any thing that he is not satisfied wherein I have not true spoken let him ask me I shall not do him the least wrong L. Ch. Just Hide Do so Mr. Turner Turner Do your Honours understand of Sir Thomas the time the Robbery was committed I shall ask him some Questions Sir T. A. I have only one word more to say to you that before he went to the Hoop Tavern Nay said I Coll. Turner be ingenious whether this was not Mr. Tryan's money that he removed and he confessed it was L. Ch. Just Hide That money was removed from his own house Sir T. A. Yes but his Wife Children and Maid denyed it L. Ch. Just Hide Mr. Turner will you ask him any Questions what are they Turner I would ask all this back again you are upon your Oath Mr. Alderman L. Ch. Just Hide You need not tell him that he is Sworn the Court and Jury understand it so L. Bridgman Go on Mr. Turner ask your Questions Turner My Lord I demand of Sir Thomas Aleyn whether I did not tell him at the first there was a wicked young man had belyed my house and Family saying that he supped there that night when he had not supped at my house these Twelve Moneths Sir T. A. I think I have done him that right already he desired me to Examine that young man who said he supped at Coll. Turner's but I found he had been nor was not there Turner Upon Friday night when the Alderman pressed me concerning the thing I told him I had some suspition of some persons who formerly should have robbed Mr. Tryan a year agoe and I employed Mosely the Constable and Mr. Tryan's man to go to Ratcliff and I went another way Pray ask Sir Thomas whether I did not promise him to do all I could Sir Tho. Aleyn I pressed him hard he said he would endevour it Turner Whether did not I tell him that that money was carryed there on purpose to gain the other Fellowes that had the Jewels Said I if this money be taken away he that hath the Jewels will not bring them and the remainder of the Money but that this Money must bring him to it that they might share it Sir T. A. There was not one word of this his Examination was contrary he told me 400 l. was received of a Goldsmith he knew not his name and 200 l. was in his owne house and that he removed it for two or three dayes till this foolery was over he said it was his own money I said an honest man need not thus remove his own money One thing I have omitted when I was examining of him in the Minories word was brought me his Son was fled away at the back dore I bid them run after him but they said they saw him leap over a great Ditch he was not heard of till Yesterday though I sent out my Warrants for him L. Ch. J. Hide Your self as Sir Thomas Alleyn sweares said you knew not of whom you had part of the money but the other was your own and yet afterwards that the money was Tryan's why did you say so Turner I will tell you the reason I would not have my businesse spoiled and did feign those answers My Lord I do demand of him whether Mr. Tryan and I had not made a Bargain in the morning whether or no if he might have his Goods the person should be free and that he had agreed not blood should be spilt that he had rather lose all his money and Jewels then to forfeit such an asseveration which the Theif had bound me that I should swear to him that by the blood of Jesus Christ that was shed for him and all Sinners his life should be free L. Ch. J. Hide You are beside the businesse Turner My Lord I ask Alderman Alleyn whether I did not tell him this Sir T. A. I told your Lordships two souls were pawned as he said before L. Ch. J. Hide Do not spend your time thus the question 's short whether you are Guilty of Robbing or breaking the house of Mr. Tryan or no. Turner I am as free as any man here L. Ch. J. Hide They will not beleive your own words Sir T. A. I think I have done him no wrong by this Evidence Turner I hope my Lord I shall have the benefit to call him again for a Witnesse for me L. Ch. J. Hide You may ask him now Turner No when I come to my defence L. Ch. J. Hide Yes yes Turner Oh your Honours most humble Servant I am very sorry I have put him to this trouble Mr. Tryan his Servant and Mr. Garnet Sworn L. Ch. J. Hide Mr. Tryan pray as you are able give an accompt of this businesse Tryan My Lord about Eleven of the Clock or some thing past upon Thursday night last was a Seven-night two men came into my Chamber when I was fast asleep one on the one side and another on the other side of the bed one had a Lanthorn that opened on one side and waked me when I saw him I was much astonished as I might well knew them not said my Masters who are you I was newly out of my sleep being an ancient man I apprehended another man for the party I spoke to but was not the man and named him by his name What do you do here at this time a night What is your businesse said nothing to me one took both my hands the other with a little cord bound me very hard insomuch here yet is the dents of it and bound my feet gagg'd me and used me barbarously most inhumanly I must suffer it because I could not tell how to avoid it When they had done they told me this withall you shall not lose a haire of your head I knew not their intentions I fear'd what it was for when they had done this they left me I had no body could come to me in my house my Servants I knew not upon what grounds they were forth at supper when I a bed which was of ill consequence after I had been an hour in this manner I rolled my self out of my bed and fell down and saving your Lordships presence a chamber pot fell broke and I fell upon it and very much hurt my self upon the pieces of the pot and so with much add it pleased God I know
Burglary could be committed but by one that knew those things Turner There are about twenty people that knew as much as I his Servants and such as had been his Servants L. Ch. J. Hide It falls out that the self-same night after this house was robbed in the Morning early you your Wife and Son go to remove store of Money out of your house Turner It was two Nights after the Robbery pardon me my dear Lord. L. Ch. J. Hide When you carry this you go with a false story that a Merchant was broke and you must needs have some of the money for his Wife and 8 Children and this money was to be set aside for them Turner It was so my good Lord. L. Ch. J. Hide You will do well to hold your peace a while Your Wife and You disowned you removed any money yet afterwards when the money was brought there and taken upon Suspicion you taken in the very place removing the money you owned it to be your own that then it appeared that one of those Bags was sealed with the Bishop of Chichester's Seal and at the time of the Burglary there was 600 l. in Bags left with Mr. Tryon sealed with the said Seal and one of those Bags you brought back was taken with you and owned to be your own and had the same Seal that 's proved by Four or Five Witnesses compared with the Seal of a Letter of the Bishop Your Son on their coming thither he takes footing and leaps over the Ditch to escape which is a good just ground of Suspicion that he is guilty of somewhat that he would not abide to answer your self and Wife take upon you to know every thing you know how the usage was that there was a purpose they should not be killed that he was gagged that they exceeded their Commission if the Man and Maid had been at home they should have been but bound all particulars you take upon you to know and to confess the whole and the manner of it Nay tell the story how they came in Turner As I was informed L. Ch. J. Hide Lay all this together unlesse you answer it all the World must conclude that you are one that did this Robbery Turner I shall answer it and I hope to give all the World satisfaction Pray call Mr. Vandeputt Mr. Covell Mr. Esnow Mr. Cook My Maid And the Lord Marquiss of Dorchester's Servant L. Ch. J. Hide Tell us to what purpose Turner To clear every particular L. Ch. J. Hide Open it Turner I shall first prove that upon Thursday night the time of this supposed Burglary that my Self my Wife and all my Family were in Bed fast asleep and innocent not knowing any thing of this Businesse This I shall prove if not let me hang and all my Family L. Ch. J. Bridgman All this may be true and yet this not to the purpose Turner Then I cannot be guilty of the Burglary L Bridgman If you will lay and plot such a Robery though you are not there yet you are guilty of it for it is ordinary that the maine setter will not be present at such times but will be then in Bed that people may take notice thereof but satisfie the Court by what means you came by this Mony and Jewels and then call your Witnesses Turner I shall go on by degrees and certifie the whole L. Ch. J. Hide My Lord Bridgman hath put you upon the right business do that in the first place make it appear how you came to know so exactly the whole carriage of this business and how you came by the Money and Jewels Turner I shall do it my Lord The Constable coming for me by Direction of Mr. Tryon to assist him I came to him saith he some Villaines have been here and have Robbed me this night which made me weep said I these are wicked people I gave you notice how you should have been Robbed about a year since but that was prevented and saith Mr. Tryon for Gods sake assist me in this and I shall be thankfull to you Sir said I did you see the Faces of them said he it run in my mind very strongly that one of them is Christmas said I who is he saith he 't was Hanson the Grocers-man I know Hanson said I Mosely go and knock up Hanson and know where Christmas is and bring him to Mr. Tryon Mosely took two or three Men and went to Thomas Hanson in Marke-Lane and there found at a Brick-layers house where Christmas lay he was a little refractory to rise another Constable coming he came down and then they sent Christmas to the Counter Mosely came and told us he was in the Counter I sat with Mr. Tryon that night But my Lord pray observe how my Name came into Question the young Man and Maid being out came home late the Constable was there then Friends saith he where have you been saith he I have been at Collonel Turners at Supper which was a notorious lye and brought me here in question God forgive him for it away comes the Constable by direction of Mr. Tryon and Hills lye together he came to my House we were all a sleep I a rose and asked who is there it is I said Mr. Mosely Mr. Tryon is Robbed pray come down I came down and opened my Door saith he was Mr. Tryons Man and Maid here at Supper when said I to night said he I have had no Suppers these nine Moneths said I this William is a very Rogue whereupon the Constable replyed are your Sons within yes in Bed these two hours do you suspect any thing by my Sons he went and looked and saw my Wife he finds my Sons fast a sleep the one indeed was awake pray said I see that you know them again Upon my Honour my Lord this pointing to Elis was a sleep L Ch. J. Hide Upon your Honour Sir pray speak by your Honesty Turner Lapsis Linguae My Lord. It is my usual phrase hope I shall appear to be a good man This Child was a wake he saw the Maid my Daughters searched every Room searched every Place that was to be imagined to be searched saith the Constable I am very glad that your Servants your Children and you are in this condition I will acquaint Mr. Tryon what a Rogue this Hill is how he hath belyed you Nay said I pray take me with you and so I went with my hair put under my Cap when I came to Mr. Tryons I asked him who had been there Pardon me my Dear Lord if I were guilty I should not speak any thing to excuse it when I had understood this I gave the Constable five shillings and desired him to search about this business I went to Mr. George Day the Goldsmith and gave him a Note of those things to be Printed that they said they had lost Friday came and at night Sir Thomas Allen was pleased to Argue it with me I told him and
or four said I what did you doe and what would you have done we would only have bound them How got you to the treasure by a Key out of the old Gentl pocket I think there is no hurt to the old Gentleman I would not for all the world there should you shall have the things again and pray you keep your word with me about 4 a clock in the morning they brought the money now said I what shal we do with it I can do nothing with it you must carry it home to my house these two fellows carried one three and the other two Bags We went through Aldgate with the money and so to my house my Wife nor Sons nor no soul God is my witnesse knew any thing of this business but my self I knockt at the door this young man pointing to John came down and he unbolted unlocked and unlatched the door My Parlour and Kitchen is of all one floor they followed me in and threw down the Money he bringing the Candle to me no said I doe not bring it said I Wilde What shall I do for the Jewels and the rest of the money you shall have them brought you where you will appoint to day I will have them brought hither saith he that cannot be I have forgot my self this money must not lye here you must remove it from hence for the other Youths that have the rest of the mony and Jewels will never be brought into the Citty If you will remove it into the Minnories my life for it you will have it all I will pretend there we will share it you must not let it lye at all but carry it presently thither I will tell what I will doe have you any acquaintance about Tower hill where you wil leave it No said he nor I neither said I I went up staires to my Wife Mall said I have you any acquaintance about the further Tower hill I durst not trust my Wife nor Sons for I thought their tongues might be too long and I left them in perfect ignorance truly I must clear them Mall said I there is a Gentlewoman those Husband is failed this was a fained story my Lord it must be secured about Tower-hill she was pretty well awaked Saith she there is the Commissary General of the King his daughter Betty Fry keeps a shop of Linnen at the lower end of the Minnories doe you think she will be private and let it lye for 4 or 5 hours undoubtedly she will saith she prethy get up and put on thy cloaths and go thither Wilde where shall I finde you about 8 or 9 a clock I will lodge this at the Sempsters shop upon the right hand at the farther end of the Minnories Tell me where I shall meet you and we will have this mony carried there my Son and I we will have it lodged Saith he you shall have me walking within three doores of the Blew Pig so he called it Saith I what mean you saith he it is a little signe no bigger than a Pig but it is called the Blew Boare there you shall have me walking in the under or upper Causey My Lord I took this boy pointing to John who knew nothing I told him it was a Friends money I raised my Wise Mall said I come away my wife went before the Boy and I took the money I carried two and he three my Wife went and knockt up the maid the door was open when we came God forgive this Maid that swears it was this Son she is mistaken upon my Salvation this boy was a bed and a sleep when the money was there I staid by my Wife said I what have you done with this money I did not tell my wife any thing I came home coming home there was my Son and Wife I drank a Cup of Syder for I kept a Hodges-head of Syder in my house as soon as I drank it I went out of doors imediately said I to this youngest son stay at home I shall have occasion to use you by and by I went to Mr. Tryons coming there I found Mr. Gurney the Merchant said Mr. Gurney I have good newes I have some hopes of strong presumptions that Mr. Tryon will not loose one penny worth of his goods marry said he I am glad of that we went up to Mr. Tryons we found him sitting by a little Char-cole fire as much as you may cover with your hands he told us he had been up ever since three of the clock we asked him what he would have to comfort him he told us he had something Mr. Gurney after some discourse took his leave of him so I sat down Jesus what a noyse is here in the Court my Lord I can hear but with one eare I say I sat down at the bed-side of Mr. Tryon he on the stool Mr. Tryon said I I have good news for you saith he hast thou I am glad of it with all my soul Sir said I I am informed you will not loose any of your goods or money there is but thirty eight shillings spent of all your money the Rogues took but forty shillings out and Wild told me there was two shillings saved I dare boldly say by three of the clock in the afternoon you will be master of them again I would be glad of that and will give you five hundred pounds but Sir said I there is a taile hangs by this you know you should have been robbed about a year since and I have apprehended Wilde who was one of the intended Thieves then he hath made me swear By the Blood of Jesus Christ c. that he shall have his life if you have your goods he hath engaged me that you shall likewise swear by the like Oath or else you shall hang him and so loose your goods said I I have a great part of your money but the Jewels and the rest of your money is wanting the old Gentleman was almost over joyed this is not true said he said I I do declare this is true in the presence of God make no words of it if the businesse be discovered we shall loose the Jewels well said he I will be ruled by you Collonel and the Lord God make me thankful I have such a friend in the world that hath done this for me I shall never make you amends and thereupon he entred into the same Oath That by the Blood c. the blood of the man should not be spilt though he lost both Money and Jewels I discoursed with him I told him over and over again left him satisfied that I would be with him again and bring him more tideings but by three a clock I doubted not but he should have all then it was almost eight at night away went I to Tower-hill to look my Merchant John VVild he was here in Newgate formerly there found I him walking by the Blew-boare carelesly walking there with his Coat under his Arms said I
Bridgeman You staid till foure so they were foure houres a bringing of the money Turner Yes my Lord. L. Ch. J. Hide You took a man in the dark by the throat that man that was guilty of such a thing as when that you did let him go to call his Companions to bring the money bring fellows to you single I would be glad to know whether in this case they would not have knocked you on the head and killed you Turner My Lord Wild had engaged his soul and I my soul to him that if I would not discover him him I should go away free L. Bridgeman Great security indeed Col. Turner called several Witnesses viz. Mr. Vandeput Mr. Covel Mr. Legoose Mr. Snow and Mr. Mosely the Constable I desire my maid may be called pray ask Sir Thomas Allein what he hath done with my Maid he took her up with Sir Richard Brown and two Marshals men pray Gentlemen make not a laughing business of this Sir Thomas pray where is my Maid Sir Thomas Allein I had this maid upon examination I finde cause of further Examination and thereupon directed an Officer to take her and she is now in the Garden Mr. Mosely the Constable examined When I came first to Mr. Tryons at Mr. Tryons house he was bound then he asked where his Man and Maid was he said he could not tell by and by the man came in and being asked where he was he answered he was at Coll. Turners at Supper presently after we went to Colonel Turners he came to the Window his Wife and two Sons were in bed L. Bridgeman Did Mr. Tryon give you order to come to him Mosely Yes my Lord he did L. Ch. J. Hide Mosely you were Constable were you not what discourse had you with Mr. Turner about a dangerous place that you did suspect where some people may be to do such a feat Mosely I never heard of any such thing spoken L. Bridgeman You say Mr. Tryon he wished you to call Turner to him did he give you any order or direction to search his house who wished you to go up to the house to see whether his Sons and Daughters were in bed Mosely Mr. Turner did my Lord. Turner He doth not say true my Lord pray ask him when he came to my door and I opened it whether Mr. Tryons servant were there at Supper that night I said no. is your sons within said he I said â—â— Pray let me see them Mosely I came to Mr. Turners house and knocked at the door with some others with me at last the Col. came out of his bed I suppose he came out of his bed being partly naked he came down to the door I asked him where are your sons they are in bed says he said I Mr. Tryon is robbed he would have you come to him L. Bridgeman Did he desire you to go up Mosely No my Lord but I asking him whether his sons were in bed he said I prethee go up and see Turner My Lord I would prove where my sons were on Thursday night at ten a clock Lord Marquis of Dorchesters servant examined My Lord till nine a clock they were with me at my Lord Marquesses house L. Bridgeman What time came they thither M. Servant Between seven and eight at night Col. Turners Maid examined Turner Come Maiden pray tell my Lord and the Court when my sons came home this night Maid Between nine and ten a clock L. Bridgeman Were your Master and his Sons in bed all Friday night or no Maid Yes my Lord they were L Ch. J. Hide Did your Master go forth on Friday night Maid No he was at home and in bed all that night till eight a clock in the morning and Thursday night before Turner A silly soul she knows not what she says L. Ch. J. Hide I will ask you again was your Master at home on Friday night Maid No I think he was not L Ch. J. Hide Why did you say so before Maid I cannot remember Sir L Bridgm. She knows her Masters mind Turner No upon my soul my Lord. L. Bridgem My Masters of the Jury this is the use that is made of this Maids testimony she will say any thing she is no fit witness no trust to be given to her either one way or other Turner Pray call Mr. Cowel Mr. Legoose Mr. Cock the Goldsmith L. Bridgim What do you call these for Turner To prove my Condition my Credit and Reputation L. Bridgm. The Jury knows that already Mr. Cook Thus much I can say that I have known him some twenty years I have had dealing with him to the value of several 100 li. I have trusted him and have found him very faithful I have seen in his possession Jewels to the value of eight or ten thousand pounds by which I suppose if he had been such a person he might have done himself a kindness by breaking Mr. Legoose All I can say is I have an acquaintance with this person he was a Solliciter dealt honestly and faithfully in a business wherein I was concerned he hath lived very well Sir Richard Brown Where you have heard on man say he is an honest man have you not heard a hundred say otherwise Mr. Legoose There hath been an ill report that he hath been a person that lived high Turner Sir Richard Brown no man in England can say black is my eye Sir Rich. Brown Mr. Turner you say you were upon Tower-Hill all Friday night whether went you in the morning Turner I came home between four and five in the morning Sir R. Brown Your maid offered to depose even now that you did not rise all that morning before eight of the Clock Turner Lapsis Linguae If the Girle be mistaken L. Bridgeman Do not trouble your self with that her evidence is of no force Mr. Jeffories Col. Turner I cannot say any thing that will be advantageous to you My Lord and Gentlemen of the Jury I have heard Mr. Tryon hath trusted him with Jewels to a good value and that Mr. Tryon had a very good repute of him Sir Rich. Brown Pray what report hath he upon the Exchange Turner I owe nothing there Sir Richard nor none there can lay any thing to my charge except it be that I am a Cavalier Lo. Ch. J. Hyde Mr. Turner have you any more Tur. My Lord I do want these Goldsmiths they do not appear they promised me they would Lo. Ch. J. Hide How can we help it Tur. I do humbly beg your Honour and this Honourable Bench that the Old Gentleman my Old Friend may declare what passed between us on Saturday Morning L. Bridgeman Consider what you do for here would you have Mr. Tryon swear against himself hear what you would put him to take it as you put it though I do not beleive a word of it As you put the case here is Wild commits a Robbery you come and truck with Wild and agree with him that
of St. Andrew Undershaft in the Ward of Aldgate feloniously did receive comfort and maintain against the Peace of Our said Sovereign Lord the King his Crown and Dignity How sayest thou James Turner art thou Guilty of the Felony and Burglary whereof thou standest indicted or not Guilty Col. Turner My Lord and the honourable Bench I shall no way be refractory nor do any thing that doth not become a Gentleman but I humbly beseech your Honours that you will stand my friend that I may have Justice and your Honours opinion L. Ch. J. Hide You are to plead now to your Indictment Col. Turner I do not refuse it my Lord I beg your Honour to hear me a word L. Ch. J. Hide Plead to the Indictment then say what you will till that be done all you can say will signifie little we are to receive your Answer to your Plea first afterwards say what you will you must now say Guilty or not Guilty Turner I shall not refuse to plead but I beg my own Goods may be restored to me my House my Lord is locked up and Children turned out of Dores and I have nothing to support us L. Ch. J. Hide Are you guilty or not guilty You shall have right done you Turner I will take your Honours word for it I am not guilty Clerk How will you be tryed Turner By God and the Countrey Clerk How sayest thou John Turner art thou guilty of the Felony and Burglary whereof thou standst Indicted or not guilty And so William Turner and likewise Mary Turner and Ely Turner as Accessaries Being demanded the like questions severally pleaded not Guilty and put themselves on God and the Countrey to be tryed L. Ch. Just Hide Now Mr. Turner let us know who his seized any thing of yours Turner The Sheriffs Sir Richard Ford and Sir Richard Rives and they are in possession of my house I have none but a Child of 7 and 9 at home and have not a Shirt to Command It 's true the Sheriff Sir Richard Ford was so civill Yesterday as to give me some Linnen Sir Rich. Ford. I shall give your Lordship an account of this I suppose my Lord we have done nothing but what was customary a Seizure we have made now but after we had heard this Gentleman was committed for Felony and Burglary and that none but Children were in the house my Lord we thought it our duty both for his good to secure his Estate if acquitted and so for the King if convicted that so the same might not be imbezel'd and thereupon caused an Inventory to be taken thereof But my Lord we dispossessed none it is true we have left a Servant or two for whom we are and must be responsible what ever they would dispose or had occasion for they had it without contradiction we offered him that if he had any friend of his own that would undertake them to be forth coming in case he were convict we would leave them in possession of them we have made no Seizure what we have done is according to custome if we have not done that which your Lordships approve of we beg your pardon L. Ch. J. Hide We are to look to that which is according to Law the goods of a man that is accused of Felony he is but only so yet he forfeits none of his goods till convict more than that he is to live upon them during his Tryall but on the other hand where a man is accused of Felony and Indicted for it it is but prudence and agreeable to Law to take care the goods be not imbezel'd because if a conviction follow they are forfeited to the King therefore the Sheriffs have done but what they ought to do they are not taken from you what you have occasion for either for Money or Goods to turn into Money for your present supply till your Tryall be over God forbid but you should have it and you shall have it if you have any friend that will undertake the Goods shall be forth coming for the King in case you be convicted or for your self if acquitted it shall be done in the mean time what you have occasion for your self Wife or Children God forbid but you should have it and this is as much as by Justice you ought to claim Turner I submit to your Honour and I beg of your Honour and the Bench to be of Counsell for me for though the world looks on me as a Solicitor it is a mistake my Lord it is not in Law I am a stranger to it it has been only in dealings for moneys by purchases and the like But my Lord I am informed your Lordship may restore me these Goods without Security if the Law directs Security I am ready to give it L. Ch. Just Bridgm. For that that you may not mistake the Law it is very true the words of the Statute of Richard the 3d. sayes a mans Goods shall not be Seized before Indicted you must understand the difference of the Law that has made the mistake it was then good but not now then a mans course was to Indict them and Processe against them before committed but now it is altered for when it remained indifferent whether Guilty or not Guilty he was to be maintained out of his Goods so ought you and your Family for the Town being answerable for the Goods of such a Felon that they might not be amerced in such cases sufficient Sureties were given the Statute of Philip and Mary that gives the power of commitment by Justices of Peace and so now it is quite altered and though they cannot seize the Goods yet they being responsible for them they ought to have good Security Sir Rich. Ford. I do assure your Lordships that from the very first hour we put our people into the house none of his Family there then or now have been denyed any thing in the house if I be not misinformed that very night that he was committed there was conveyed out of his house for his use and his occasions some say 200 l. they that say least say 100 l. they have had a free Disposal of what was in the house and then my Lord could we do lesse then what we have done Turner I would have made a short businesse of this I tendred Security of 5000 l. to their own content they excepted of the persons but one standing by said by no means and so it is still undone If you please I have Security now L. Ch. J. Hide There needs not much a-doe for Security if your Tryall was not to be presently then there were cause for you to insist on this but now there is but one night if you want any thing for this night the Sheriffs here offer you what you will to morrow will determine the Question whether these Goods are yours or no. Turner I will submit to the Court I wil not be refractory here is Security if you please if not I