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A63191 The tryal of Rowland Walters, Dearing Bradshaw, and Ambrose Cave, for murthering of Sir Charles Pymm, Bart., at the sessions held at the Old-Bailey on Friday the first day of June, 1688 before the right honourable Sir John Shorter Kt. Lord Mayor of the city of London and Sir Bartholomew Shoares Kt. recorder of the same city, together with others His Majesties justices of the peace for the city of London, and County of Middlesex. Walters, Rowland, defendant.; Bradshaw, Dearing, defendant.; Cave, Ambrose, defendant. 1688 (1688) Wing T2215; ESTC R16852 9,721 6

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THE TRYAL OF Rowland Walters Gent. Dearing Bradshaw Gent. AND Ambrose Cave Gent. For Murthering of Sir Charles Pymm Bar t. At the SESSIONS held at the OLD-BAILEY On Friday the First day of June 1688. Before the Right Honourable Sir John Shorter Kt. Lord Mayor of the City of London and Sir Bartholomew Shoares Kt. Recorder of the same City together with others His Majesties Justices of the Peace for the City of London and County of Middlesex Clerk. CRyer make Proclamation Cryer O yes O yes O yes Clerk. Keeper of Newgate bring the Prisoners to the Bar. Which was done Clerk. You the Prisoners at the Bar those men whom you shall hear called and personally appear are to try between our Sovereign Lord the King and you who are Arraigned upon your several Lives and Death if you shall except against any one of them you must speak before they be sworn Clerk. Cryer call Henry Dyer The Iurors Sworn are as followeth Henry Dyer Giles Baggs Matthew Jerman Timo. Waldoe Richard Chase Samuel Burgess William Villers John Frith John Hill Obadiah Hickman John Read Francis Willis Which were all Sworn Clerk. Cryer count these Twelve Good men and True. Clerk. Cryer make Proclamation Which was done Clerk. You Gentlemen of the Jury look upon the Prisoners at the Bar and hearken to their Charge they stand Indicted by the Names of Rowland Walters Dearing Bradshaw and Ambrose Cave Gent. for that they not having the fear of God before their eyes but being instigated and seduced by the Devil and their own wicked hearts on the fourth day of May in the Fourth year of the Reign of our Sovereign Lord King James the Second in the Parish of St. Nicholas Cole-Abby in and upon Sir Charles Pymm Bar. Felloniously willfully and of their malice before thought did make an Assault and that he the said Rowland Walters having then and there in his right hand a certain Rapier made of Iron and Steel of the value of about 5 s. and thrust him the said Sir Charles Pymm in and upon the right side of him the said Sir Charles Pymm a little above the right Pap did strike and thrust as aforesaid giving him the said Sir Charles Pymm a little above the right Pap one mortal Wound of the bredth of one Inch of the depth of ten Inches and that they the said Dearing Bradshaw and Ambrose Cave were present aiding abetting and assisting him the said Rowland Walters in the perpetration of the said wilful Murther of him the said Sir Charles Pymm so that they three the Prisoners at the Bar with Malice fore-thought did intentionally Kill and Destroy and willfully Murther him the said Sir Charles Pymm against the Peace of our Sovereign Lord the King his Crown and Dignity and against the Form of the Statute of that Case made and provided Upon this Indictment they have been Arraigned and have hereunto pleaded Not Guilty and for their Tryal have put themselves upon God and their Country which Country you are Your business is to enquire whether they or either of them committed this Fellony and Murther as aforesaid if you find them or either of them guilty of the said wilful Murther you are to enquire what Goods and Chattle they or either of them had at the time of the committing of the said willful Murther but if you find them not Guilty you are to say so and hear your Evidence Mr. Walters My Lord I humbly desire these Gentlemen may be tried before me Court. That cannot be Mr. Walters because you are all three put into one Indictment Council for the King. My Lords and you Gentlemen of the Jury I am here retained a Council for the King against the Prisoners at the Bar who all three stand indicted for the Murther of Sir Charles Pymm Baronet in the Parish of St. Nicholas Cole-Abby thrusting him through the Body near the right Pap giving him a Mortal Wound of which he then and there instantly died The other two Prisoners stand indicted for aiding abetting and assisting him the said Walters in the said Murther Another Council for the King. My Lords this Murther fell out on the fourth day of May last after this manner viz. The said Sir Charles Pymm one Mr. Mirriday and Mr. Neale and Sir Thomas Middleton and others dined at the Swan Tavern upon Fish-street-hill after they were come into the House they went up stairs after which the Prisoners at the Bar came into the House and took another Room to Dine of Beef and other things But one of Sir Charles's Company desired to have a Plate of it upon which Mr. Clowdsley told them some Gentlemen had bespoke it for Dinner but he said he would get them a Plate of it which was sent up and ordered to be reckoned into Mr. Walters the Prisoners Bill after Dinner they drank their Healths and returned them thanks for their Beef and towards the Evening Sir Charles Pymm and his Friends came down stairs and met the Prisoners at the bottom and Mr. Cave asked them how they liked the Beef that was sent up upon which one in the company answered and told them they did not send it for they had paid for it upon which farther words arose and Mr. Bradshaw drew his Sword and fell upon Sir Charles Pymm but he got out into the Streets after which Mr. Walters came forth and plucked Sir Charles Pymm by the arms and forced him to fight with him saying here is my hand and here is my Sword and as soon as he was in the Street he received this mortal Wound and so fell down dead and after this Mr. Walters took him by the nape of the neck and dashed his head upon the ground and cried out God Damm you you are dead and said farther let the Sword alone in his Body My Lords this shall be proved to be done without any manner of provocation and if so I hope your Lordships will find him guilty of willful Murther Cryer Call Mr. Mirriday Mr. Neale Mr. Palms and Mr. Bridges Who were Sworn Mr. Mirriday My Lord on the fourth day of May last on a Friday Sir Charles Pymm my self and these Gentlemen here in Court came to dine at the Swan Tavern in Old Fish-street we asked for Meat and Mr. Clowdsley the man of the House told us we might have Fish for he had no Meat but what was bespoke by Mr. Walters and his company we desired him to help us to a Plate of it if it might be got which we had brought up stairs after Dinner we drank the Gentlemens Health that sent it and returned them thanks for it a while after Sir Thomas Middleton went away and about an hour after that or thereabouts Sir Charles Pymm and the rest of us came down to go away and when we were in the Entry Mr. Cave met us and asked Sir Charles how he liked the Beef that was sent up who answered we did not know you sent it for we have
paid for it then the Boy that kept the Bar told us that he did not reckon it in the Bill upon which Mr. Cave seemed to take it ill But my Lord I cannot be positive whether Mr. Bradshaw and Mr. Palms were at any words Then I took Mr. Cave to one side into the Entry and he thought that I had a mind to fight him but I did what I could to make an end of the quarrel Upon which the Court highly commended Mr. Mirriday Court. This was in the Entry but where was Sir Charles Pymm Mr. Mirriday He was then in the Entry Court. Where was Mr. Walters Mr. Mirriday He was at the door my Lord but I cannot swear positively to any particular passage as to the Murther but Mr. Walters called Sir Charles Pymm Rogue and gave him very ill words and I saw him take him by the neck and forced his head downwards and said God Damm him he is dead to the best of my remembrance my Lord. Then I took Sir Charles up in my arms and pulled the Sword out of his Body and then Mr. Walters said God Damm him let it stay in his Guts or in his Body or words to this effect Court. Was Mr. Cave or Bradshaw at the place where Sir Charles fell Mr. Mirriday No my Lord they were in the Entry scuffling there Court. What came of Mr. Walters afterwards Mr. Mirriday My Lord he stayed a little till I had pulled the Sword out of his Body then he run away Court. Did they draw their Swords in the Entry Mr. Mirriday I cannot tell that Court. Did you see them draw their Swords Mr. Mirriday I cannot say Sir Charles Pymm's Sword was drawn but I saw Mr. Walters draw his Sword in the Street Court. Do you know whether Mr. Walters was wounded or no Mr. Mirriday I do not know that for I did not see the Wound given Court. Mr. Walters will you ask him any questions Mr. Walters Yes my Lord Mr. Mirriday what did you say to Sir Charles Pymm in the Fish-mongers Shop did you not say go and fight him and I will be your Second Mr. Mirriday My Lord I do not remember one word of that Court. Mr. Mirriday were you in any Fish-mongers Shop Mr. Mirriday Yes My Lord I was there but I do not remember one word between Mr. Walters and Sir Charles and as I hope for Salvation I said no such thing and that 's all I have to say Clerk. Cryer call Mr. Neale Mr. Neale My Lord I went and met with these Gentlemen that dined with us at the aforesaid Tavern and we had Fish and two Beef Marrow bones and a Plate of Beef for Dinner and when we came down to go away these Gentlemen met us and said God Damm you how did you like the Beef which raised a quarrel amongst us but immediately after I thought it was all over I saw Mr. Walters run Sir Charles Pymm thorough Court. Was his Sword drawn Neale Yes both of their Swords were drawn Court. Where was Mr. Bradshaw Neale I cannot tell where he was directly But my Lord I heard Sir Charles Pymm say nothing to Mr. Walters Clerk. Cryer call Mr. Palms Palms My Lord after the reckoning was paid we came down Stairs and called for a Coach and because it rained there was none to be had and these Gentlemen followed us into the Entry and so words to the same purpose as aforesaid passed between them after which I met Mr. Bradshaw and we fell out in the Fish-mongers Shop Court. Who began Palms I know not I cannot remember that Court. Were you not in Drink Palms My Lord we drank nine or ten Bottles among six of us after which Mr. Bradshaw and I drew our Swords and then Mr. Mirriday came and took him away from me into the Entry and in the mean time while we were talking in the Entry the business was done Court. Were your Swords put up again Palms I had put up mine Council for the King. Did you take notice of what passed between Mr. Walters and Sir Charles Pymm Palmes I heard nothing of high words Court. Yes yes it was all about the Beef Clerk. Cryer call for Mr. Presland the Bar-keeper Presland My Lord I made the Bill for the Reckoning Court. Did you put the Beef into the Bill Presland No I did not when they came down Stairs the Coach was fetched for them viz. for Sir Charles Pymm and his Company and the Reckoning was paid when Sir Charles Pymm and the rest of his Company came down into the Entry Mr. Walters came out of his Room c. and I heard them argue about their Dinner and they came to me and asked me what was to pay for Beef and I told them nothing Court. Did you see the man killed Presland My Lord I did not see him killed not I. Court Who was it that quarrelled with the Coachman Presland My Lord Mr. Neale quarrelled with the Coachman about his staying the Coach-man refused him because his Horses were hot Clerk Cryer call Mr. Brummidge Brummidge My Lord between Eleven and Twelve a Clock in the Morning on the 4th of May last Sir Charles Pymm came to Mr. Cloudsley's Door in a Coach and asked him what he might have for Dinner who told him that he might have a Mullet and some Smelts and I sold a Mullet to Mr. Chowdsley so Sir Charles went to the Exchange and I saw no more of him till I saw him Kill'd While I was in the House came in one Mr. Allen and others to enquire for Sir Charles Pymm and Mr. Cloudsley told them that he had bespoke a Dinner and was gone to the Exchange viz. a Mullet and some Smelts but one of the Gentlemen desired a bit of the Beaf that was at the Fire so Mr. Cloudsley said he would get a Plate for him so I went to the Door and the Coach-man came and his Horses being hot he desired to go away because it Rained but Mr. Neale put his Foot-boy into the Coach and the Coach-man after pull'd his Boy out of the Coach and drove away and after that I saw Mr. Cave and others come to the Door and Justled each other into the next Shop and were at very high words and so afterwards they went into the Entry again and Sir Charles Pymm and Mr. Walters came without the Door the Latter of which said Here is my Hand and here is my Sword but they returned both in again into the Tavern and within two Minutes came out again and I saw Mr. Walters Thrust Sir Charles Pymm through his Back Court. Did you see him do any thing to him after he was down Brummidge No my Lord I did not Court. Did you not say that Walters went over the Kennel and drew his Sword and stood upon his Guard and then you say that you saw Sir Charles Pymm come out with his Sword Drawn was his Sword Drawn Brummidge I did not see him draw it but it was Drawn
Court. Where did he receive his Wound Brummidge Within a Foot of the Kennel I was but a little way off but I did not see him beat his Head against the Ground Clerk. Cryer call Mr. Fletcher Fletcher My Lord on Friday in the Evening on the 4th of May I was going by the Tavern door about Seven a Clock at Night and I heard a noise and a talking of going to the other end of the Town to be Merry and turning my self back to hearken further I saw Mr. Walters come out of the door and drew his Sword and Sir Charles Pymm came out and drew his Sword and presently Mr. Walter 's Sword was through Sir Charles Pymm's Body almost a Foot and he fell down Crinkling immediately and when he was down I saw Mr. Walters hit him in the Kennel and took him by the Nape of the Neck and after cryed God Damn him let the Sword stick in his Body and afterwards I saw Mr. Mirriday pull the Sword out of his Body Court. Did you see Mr. Bradshaw there when Sir Charles fell Fletcher No my Lord I saw none there but Mr. Walters and Sir Charles they were out of doors and the rest were in the Entry Mary White and Sarah Webb were called who could give little or no Evidence as to matter of Fact as concerning the Death of Sir Charles and being Timorous could not see what they might have seen therefore think fit their Depositions at Large should be omitted Clerk. Cryer call Mr. Allen. Allen. I know but very little of the matter but that there was a Plate of Beef sent up to us but we knew not from whence it came till afterwards the Drawer brought us word that the Gentlemen below had sent it up after which we drank their Healths and returned them Thanks for it after which I went to the Coffee-House hard by and sat about half an hour and presently heard a cry of Murther and I came down and saw Sir Charles Pymm lying with a Wound in his Body and another in his Head but I did not know who it was not then but I asked who did this Business and exhorted the People to take them as soon as they could Court. I think you said that Mr. Bradshaw's Sword was Drawn Allen. Yes it was but I believe that he did not know that Sir Charles Pymm was Killed Mrs. Sheepwash was called but could depose nothing material Court. Mr. Walters you have been here Indicted together with Mr. Bradshaw and Mr. Cave for the Murther of Sir Charles Pymm Kt. and Baronet you have heard what Charge hath been laid against you which hath been a very strong one and now it behoves you to make your Defence as well as you ean Mr. Walters My Lord I was no way the Occasion of the Quarrel when I came thither I asked for some Meat and having not eaten all the day before we had a piece of Beaf of which Sir Charles Pymm and his Company had some who afterwards drank our Healths as I was informed For my part my Lord I never saw the Gentleman before in my days My L. I am very sorry it should be my misfortune to kill him in the Quarrel Sir Charles Pymm asked me saying God Damn you Sir what I had to do to meddle I went presently my Lord to a Fish-mongers where Mr. Mirriday was and Sir Charles Pymm came and Mr. Mirriday said to him Sir Charles Damn you Sir go and Fight him and I will be your Second and presently they came upon me and I Drew my Sword in my own Defence and he run me Eight Inches into the Thigh and at the same Pass I had the misfortune my Lord to run him into the Body Court. Would you ask Mr. Mirriday any Question Walters Yes my Lord. Mr. Mirriday did you see me strike Sir Charles's Head upon the Ground Mirriday No Sir I did not see that neither did I say any fuce thing in the Fish-mongers Shop as to bid Sir Charles Fight you Clerk. Cryer call Matthew Perin Perin My Lord all that I saw of the Business was that when the Coach-man was called to the door Mr. Neale came and threatned him if he did not stay then Mr. Cave and Mr. Bradshaw was in the Entry and I heard them discourse about Beef and some of them said you give us Beef and make us pay for it and there was answer made they were Rascals that said so for they did not There was one of the Gentlemen in our Shop hearing of it said Let me come to him I will Fight him Court. Do you know the Man Perin No I do not know who it was Mr. Walters I was Wounded at the same time my Lord. Court. That is admitted of Mr. Walters Let him be asked whether I beat the head against the ground Perin No my Lord I did not see him do that Court. He had a Wound the question is how he came to it whether he might not fall upon it himself it was a slanting Wound Mr. Walters Pray my Lord let Sir Charles's Sword be seen all blood but that gave no satisfaction on either side Court. Mr. Bradshaw what have you to say for your self Mr. Bradshaw My Lord I was there but I know nothing of the Death of Sir Charles Pymm nor how he came by it there was some words arose amongst us and I desired them to cease for fear a further quarrel should ensue upon it Court. Mr. Cave What have you to say Mr. Cave I know no more of the matter than this Gentleman saith I saw not Sir Charles Pymm killed Clerk Cryer make Proclamation Cryer All People are commanded to keep silence upon pain of Imprisonment Then Mr. Baron Jenner summed up the Evidence as followeth Bar. Jen. Gent. of the Jury you have three Persons Indicted viz. Mr. Walters Mr. Bradshaw and Mr. Cave for Murthering Sir Charles Pymm Baronet and have had several Witnesses called for the King against the Prisoners at the Bar the first to which was Mr. Mirriday and he gives you this Account and it is all that each and every one gives and it agrees on all sides and he tells you that all those Gentlemen were to Dine at Mr. Cloudsleys at the Swan Tavern in Old Fish-street and that they were there at Dinner it is very plainly proved And being there it seems that some of those Gentlemen had bespoke a Fish Dinner some Flesh and had some viz. a Plate of Beef and he tells you also that when Dinner was over some Words did arise concerning the Reckoning and that one of the Companies were got down Stairs in the Entry where a further Quarrel did arise Mr. Merriday tells you further that Mr. Bradshaw and he Quarrelled so there was a Scufflie in the Entry after which things were pretty well quieted there in comes Mr. Walters and Sir Charles Pymm and while Mr. Mirriday was securing the first Quarrel they viz. Sir Charles Pymm and Mr. Walters were got out at
the Door and Sir Charles was stooping down and Mr. Walters was pushing upon his Neck and throwing him down So said Mr. Mirriday and when he went to take the Sword out of his Body he saw him a dying Man. The next Evidence was Mr. Neale and he observes to you that one of the Gentlemen did say that the Quarrel was not intended against them and he gives an account of the Story how that it was about the Beef how that Sir Charles was Run through by Walters but did not see him knock his Head against the Ground Mr. Palmer gives the like Account and saith that whilest they were a Scuffling in the Entry Sir Charles was Kill'd at the Door The next Evidence is the Drawer who tells you of a Squabble that Mr. Neale had with the Coach-man at the Door and how that there was left four of the Gentlemen behind and that the Coach-man was unwilling to Wait because it Rained his Horses being Hot they might catch Cold whereupon he put his Foot-boy into the Coach and threatned the Coach-man if he went away This was before they fell out about the Meat The next Evidence was one Brummidge the Fishmonger he gives the same Account how that a Quarrel was amongst them and how that Mr. Walters was on one side of the Kennel and Sir Charles Pymm on the other side and there they stood with their Swords drawn and as soon as they came to Close they Wounded each other and Sir Charles Pymm was Killed but he did not see his Head knock'd against the Ground Comes Fletcher my Lord Mayor's Officer and he tells you that he was going by the Door home into Bread-street and he sees a Man that was wounded stooping down and he Swears that Mr. Walters took him by the Nape of his Neck and knock'd his head against the Ground and heard him Swear Let the Sword stick in him Sarah Web and another Woman speaks it to be in the like manner and one of them talks of Mr. Walter 's pulling Sir Charles Pymm out of the Entry before he would come out Last of all Gentlemen here was Mr. Allen one of their Company who went away to the Coffee-House and hearing Murther cryed out he came and found Sir Charles Pymm Kill'd and quite Dead This Gentlemen is the Evidence that you have heard as near as I can give it you Now for the Prisoner Mr. Walters he would have you believe as if Sir Charles had struck him before he drew his Sword but he hath not proved it Likewise speaks of Mr. Fletcher but he doth not remember that Sir Charles Pymm struck him before he drew But so it was Gentlemen that was a quarrel in which that Honourable and Worthy Gentleman Sir Charles Pymm lost his Life Now for Mr. Bradshaw he confesseth that there was a quarrel but he saith that he did not know when or how Sir Charles Pymm was killed and for Mr. Cave I do not find any thing objected against him nor either of them Now Gentlemen I must tell you what the Law is in this case First of all to begin with Mr. Walters so as it fairs with Mr. Walters so you may be guided to deal with the other two Now it hath not been made appear by any of the Evidence that you have heard that there was any premeditated malice between them for they were never in company before and knew not each other so that there could be no manner of malice from him in particular The next step Gentlemen is Here is nothing that can impute a general malice upon Mr. Walters for if I had no design to kill a man and kill another with whom I do not quarrel that cannot be any premeditated malice but I rather think that there was a little heat of Wine amongst them And this whole Action was carried on by nothing else but by a hot and sudden Frolick and I am very sorry that it should fall upon such a Worthy Gentleman as he was And if so that there was no malice premeditated then he can be found guilty of nothing but Manslaughter and as for the other two they must be totally acquitted if I have erred in the Summing up of these Evidences or mistaken my self in any Point here are my Brothers to help me Then the Gentlemen of the Jury withdrew for about the space of half an hour and returned into Court Upon a scruple of Conscience one amongst them spoke to the Court as followeth Jury My Lord We are not satisfied in our Consciences concerning the death of Sir Charles Pymm we find in it Malice fore thought because after he had run the Sword through his Body he was not satisfied with that but must knock his head against the ground So we do take it that the said Sir Charles Pymm was maliciously Murthered Mr. Justice Allibone Gentlemen of the Jury I shall endeavour to direct you in this Case and tell you what the Law saith in it that it cannot reach mans Life where no propense Malice is proved that there is none proved appears very plain to me and I hope also to you because it hath been proved that those Gentlemen viz. the Prisoners at the Bar and the deceased had never been in company before Gentlemen You are upon your Oaths to serve the King as Jury-men and I as a Judge am upon my Oath to try the Cause as well on the behalf of the Living as the Dead So that upon the whole Matter Gentlemen this can be called nothing else but a Storm an ungoverned Storm that such men are subject to so that it doth not reach precedent Malice but subsequent Passion which sad Passion was continued to that height that Sir Charles Pymm in the midst of it lost his Life Then the Jury went out again for about a quarter of an hour and returning brought Mr. Walters in Guilty of Manslaughter but the other two were acquitted GOD SAVE THE KING With Allowance C. N. June 4 1688. LONDON Printed by George Croom at the Blue-Ball in Thames-street near Baynard's Castle 1688.