They thought they were them and going into the Stable said They thought they knew one of the Horses They kept them there all the Thursday trying to get the Money from them which the Butchers had lost about 27 pound upon which condition they said they would let them go and not carry them before a Justice But they refusing it they then upon the Friday Morning carried them before Sir Francis Butler He examined them and heard the Accusation of the four Butchers without giving them their Oath And upon the bare saying of three of them One that those men were like those he saw upon the Road the other two that they did believe them to be those that robbed them He made his Mittimus and sent them to the Goal at Hartford whither they were compelled to walk on foot And when they came thither were presently put into Irons and laid in a low damp Room with scarce any light to it no Bed and only Straw to lie upon and so they lay from Friday the twelfth of November till the Sunday fortnight after seventeen dayes more like Dogs then Persons of any Quality And no body at London had known what had become of them if that Murrel whom I named before hearing them tell where they lodged in London had not of himself come and given notice at that House That their Guests were in Hartford Goal The Examination and the Mittimus follow Verbatim The Examination of Solomon Grace Drover Robert Simmons Robert Bellingham and Edward Lawrence Butchers all of the Parish of Edmondton in the County of Middlesex taken before me One of the Justices of Peace for the County of Hartford upon the 12 th of November 1669. Solomon Grace saith That he riding on the Road near Totternol saw five young men afoot with their Horses in their hands he suspecting them made haste from them and being got at a good distance stayed to let his Horse drink bâ—â— seeing them coming towards him he galloped away and heard one of them say Farewel old man And looking about saw them all turn back towards Totternol Hill which was about a mile distance from him and saith That the Persons apprehended are very like those he saw upon the Road. Robert Simmons saith That on Monday being the eighth of November 1669. about three or four of the Cl ck in the Afternoon upon Totternol Hill in the Parish of Totternol he was robbed and had 27 pounds taken from him and believes the Persons now apprehended are the men which robbed him Robert Bellingham as to time and place agreeth with Robert Simmons and further saith That he and Robert Simmons and Edward Lawrence riding together espied five men coming towards them which they judged to be Thieves and therefore putting Spurs to their Horses thought to escape them by riding but two of them overtaking him one of the two clapt a Pistol to his Breast they searched him and finding no Money they took his Bridle and his Girdle and the other three pursued Robert Simmons And he verily believes that the black man which calls himself Adrian Lamperiere is the man that pulled the Bridle off his Horse Edward Lawrence saith He was in Company with Robert Simmons and Robert Bellingham on the forementioned day time and place and saw the five men which they suspected to be Thieves but being well horsed escaped The Examination of Paul Bovey Adrian Lamperier Iohn Boudandon Valentine Chivalier and Guinet Chateuneuf all French men taken before me One of His Majesties Justices of the Peace for the County of Hertford upon the 12 th day of November 1669. Paul Bovey saith That he is a Servant to One of My Lord Chamberlains Sons Mr. Edward Montacute but that he lodgeth at Mr. Munduglas his House in George Lane in Kings-street Westminster He saith he came to Hatfield upon the 11th of November 1669. with four of his Friends to see the Earl of Salisburies House And that on Monday before he and one of his Friends dined at the Scottish Ordinary in Bedfordbury and on Tuesday they all five dined in the same place Adrian Lamperier saith That he came into England the second of this Instant and that he lodgeth at one Sedgwick's a Barbers over against the Maypole in the Strand John Boudandon saith he came into England the 15th of August last and lodgeth in Long-Acre at a Semstress House over against the Castle and that he tradeth in Merchandize Valentine Chevalier lodgeth with Adrian Lamperier and came into England with him Guinet Chateauneuf lodgeth with Paul Bouey which Monsieur Bouey hired all the five Horses upon which they rode to Hatfield Sedgwick past his word for three of the Horses who lives in the Strand over against the May-pole and all but Bouey affirm they were not out of London since they came thither until the fore-mentioned 11th of November The Mittimus To the Keeper of his Majesties Gaol for the County of Hertford I Herewithall send you the Bodies of Paul Bouey Adrian de Lamperier John Boutandon Valentine Chevalier and Guinet Chateauneuf brought this day before me and charged with the Felonious taking away twenty seven pounds from Robert Simmons of Edmondton and rifling Robert Bellingham upon Totternol-hill on the 8th day of this instant November between three and four of the Clock in the afternoon These are therefore on the behalf of our Sovereign Lord the King to command you to receive the forenamed Paul Bouey Adrian Lamperier John Boutandon Valentine Chevalier and Guinet Chateauneuf and them safely to keep in your Gaole until they shall be thence delivered by due Order of Law hereof fail not Given under my Hand and Seal at Hatfield-Woodhall this 12th of November 1669 in the 21th year of his Majesties Reign Francis Boteler Mr. Sedgwick their Landlord presently sent his Son to Hertford to them and with him their Servant whom they had left in London And that Servant they sent back with a Letter to my Wife to let her know who and where they were with which she acquainted me upon the Monday-morning I being at that time sick in bed Whereupon I sent for Sedgwick who came to me immediately and brought with him the men of whom they had hired the Horses and his Son and as I remember a Servant of his He gave me an account of those Gentlemen assuring me they had not been out of London from the time of their coming thither till that Thursday And that he believed them to be very honest men they having carried themselves very civilly in his House And however That he would take his Oath they had not committed any Robbery upon Monday the 8th of November for he knew they were all that day in London which his Son and Servant likewise affirmed and the Men of whom the Horses were hired said they had them but that Thursday And he offered himself to be Bayl for them but said he could not possibly go thither to bayl them till the Wednesday Upon which
day I sent one with him to joyn in the Bayl They first went to Sir Francis Boteler the Justice that had committed them told him who those Gentlemen were whom he had committed that they were persons known unto me so 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 Bedfordshire 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 Iustice 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 Iustice 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 Sedgwick 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-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-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
George Charnock could not know As the Money taken to have been some in a Wallet some in Simmons Pocket and that the broken Money was part of that in the Wallet This Du-Val had not specified yet it is a great Confirmation of what he had said Then one man to escape which was Lawrence That Bellingham had a green Rugg upon his Saddle which Bellingham could not deny but acknowledged to be true That Solomon Grace watering his Horse at the foot of the Hill they should say to him Good night old man which Du-Val had not said So to tell what Bellingham said to them which he acknowledged so far as to confess that he said he was a poor man and had no Money though not that he was a poor Grasier as Mac-Guy had said which was no great mistake Certainly none but they that were present and did the Fact could discover these particularities I shall now give an Account of my Transactions with Mr. Walrond whom I thought fit to examine after I had seen what the other two had said And therefore went to the Gate-House and spake with him there in the Kitchin where the Lady Broughton who hath the keeping of the Prison and the Turn-key were present and heard all I said to him I asked him if he knew any thing of the Robbery commited such a day at Totternol-hil Of which I desired him but to tell me the truth His answer to me was this My Lord no body as yet hath come against me to accuse me so I have not been indicted And if I should accuse my self I might bring my self into trouble and I have not yet my Pardon which I hope I shall obtain of the Kings Mercy I replied Mr. Walrond this I will promise you that whatsoever you say to me shall not rise in judgment against you it shall do you no hurt I do assure you I desire but to know the truth for some Persons are accused of that Robbery who I know are very Innocent And whether or no I told him so much as that Du-Val had confessed it I do protest I do not remember they may be asked that were present the Lady and the Turn-key I have not spoken to them since nor will I but I think I did not however if I had I know not that any thing would have been amiss in it if in general I had told him that Du-Val had confessed it His answer to me was My Lord I will cast my self upon you and tell you all and then did confess to me the whole matter and told me many particulars Then indeed I did say to him that he had done well and had told me but what I knew before for both Du-Val and Mac-Guy had confessed the same things And as to his Pardon I did again assure him that it should be no prejudice to it happily it might be an advantage for that I would endeavour all I could to help it forward He afterwards at my desire put down in writing what he had said And I did move his Majesty for his Pardon and got it passed for him which I did for two ends One out of Charity he had no Money to pay for it and he deserved it for the discovery which he had made of that knot of Thieves Du-Val and his companions some of whom were taken and the knot thereby broken by his means the other end was that he might be Rectus in Curia and appear a competent Witness to discover the truth of that Robbery But he was so terrified at the Tryal with being threatned and told he had now confessed enough to be endicted for it and perplexed with questions that he knew not almost what he said and left an impression I verily believe with most of the standers-by that he was gained by me to take this Robbery upon him meerly to save the French men at the Bar himself not at all guilty of it But how undeservedly that could be imputed to me let my greatest Enemy be Judge if this my Narrative be true as I take the God of Truth to Witness that it is true I mean for matter of Fact and for what I relate here as said or done by me and for my intention that it was just and honest without any Trick or Design and all above-board meerly to preserve Innocency and that in Strangers that wanted Language Friends and all other support and help to make their Innocency appear I have always heard that the Judge should be of Counsel with the Prisoner And that is one reason given why he needs no other Counsel and that the Law allows him none For the Judge upon the Bench ought to help him with his advice and direction that he run not into any Inconvenience by his ignorance of the Law and of the Forms of Proceeding and to take care that he be not circumvented and ruined by the Malice Art and Cunning of his Prosecutors or by the Weakness and Simplicity of such Witnesses as are produced to justifie and clear his Innocency who many times have not Wit nor Elocution to tell their Tale so as to make his Innocency and the Truth to appear And certainly it is the duty of a Judge and Justice is as much concerned to preserve and deliver an Innocent Person that is falsly accused and unjustly prosecuted as to condemn and punish one that is really Criminous and that of the two is the more acceptable and well-pleasing both to God and Man These two Gentlemen were Strangers that understood not the Language either what was said to them by their Judges or against them by their Accusers or for them by their Witnesses And they had an Interpreter given them a young Student that was there in Court who did need an Interpreter himself For no body understood a word he said scarce when he spake English he spake so low and unintelligibly so as they were never the nearer to understand any thing that passed though so much concerning them even their Lives nor was there any care taken that they should understand any thing the Interpreter not once bid to ask them a Question upon what was urged against them to know what they would say to it And commonly a Judge will call for the Examination taken upon the first Commitment of a Felon and begin there But not a word of that for that Examination would not have been authentick not being taken upon Oath nor they positively charged by those Butchers who only said One of them That they were like the Men whom he saw upon the Road Simmons That he believed they were the Men that robbed him And Bellingham himself no more but this That he verily believed Adrian Lampriere was the Man that pulled the Bridle off his Horse-head This was well known to be no sufficient ground for the Justice to send them to Gaol clap Irons upon them and put them into a room without light with a little Straw to lie upon more like Dogs then
Consequences Justice hath 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-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 Dié 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-Iustice 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-Iustice 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-Iustice withdrew himself also Upon which the House took the whole matter into serious consideration and ordered That the Lord Chief-Iustice should be called to his place as a Iudge 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-Iustice 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-Iustice 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