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A71144 A True and impartial account of the arraignment, tryal, examination, confession, and condemnation of Col. Iames Turner for breaking open the house of Francis Tryon, merchant, in Limestreet, London with the several tryals and examinations of John Turner, William Turner, Mary Turner, and Ely Turner, confederates, at Justice Hall in the Old-Baily, Lond. the 15, 16, and 19 of January, 1663. 1664 (1664) Wing T2488; ESTC R4676 57,618 87

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A True and Impartial ACCOUNT OF The Arraignment Tryal Examination Confession and Condemnation OF Col. Iames Turner For Breaking open the House of Francis Tryon Merchant in Limestreet LONDON WITH The several Tryals and Examinations of John Turner William Turner Mary Turner and Ely Turner Confederates At Justice-Hall in the Old-Bailey LOND the 15. 16. and 19. of January 1663. Licensed by ROGER L'ESTRANGE LONDON Printed by William Godbid for Nath. Brook at the Angel in Cornhill and Henry Marsh at the Princes Arms in Chancery-lane 1663. The TRYAL of James Turner c. At JUSTICE-HALL in the Old-Baily London the 15 th of Jan. 1663. in the Afternoon JAmes Turner the Titular Collonel William Turner Mary Turner and Ely Turner were brought to the Bar. Clerk of the Peace James Turner hold up thy hand which he did John Turner hold up thy hand Col. Turner He is not here but he is hard by and I will send for him My Lord it has been reported he was fled it was a mistake he is in Fleetstreet where he has been ever since this businesse and thereupon he sent one for him and then the Court proceeded to some other businesse About half an hour after the said John came into the Court and was set among the other Prisoners at the Bar. Clerk of the Peace James Turner hold up thy hand John Turner hold up thy hand William Turner hold up thy hand Mary Turner hold up thy hand Ely Turner hold up thy hand which they all did and then the said Clerk read their Indictment which was as followeth YOV stand Indicted in London by the Names of James Turner late of London Gentleman John Turner late of London Labourer William Turner late of London Labourer Mary Turner late of London Spinster otherwise Mary Turner the Wife of the said James Turner and Ely Turner late of London Labourer for that you the said James Turner John Turner and William Turner the 7. day of January in the 15. year of the Reign of Our Sovereign Lord Charles the Second by the Grace of God of England Scotland France and Ireland King Defendor of the Faith about 10. of the Clock in the Night time of the same day with Force and Arms c. at London that is to say in the Parish of St. Dyonis Backchurch in the Ward of Limestreet London aforesaid in the dwelling-house of one Francis Tryon Merchant there Feloniously and Burglarly you did break and enter and him the said Francis Tryon in the Peace of God and of Our said Sovereign Lord the King in his Dwelling-house aforesaid then and there being and resting Feloniously and Burglarly did make an Assault and him the said Francis Tryon in Corporal fear of his Life Feloniously and Burglarly you did put and one Pendant Pearl set in Gold and a precious Stone fixed thereto of the value of 150 l. Two pendant Pearls with half Moons seven Diamonds and eight Rubies fixed to every of them of the value of 80 l. One Topaz and pendant Pearl at the bottom thereof of the value of 20 l. One Emerald Jewel and five Diamonds of the value of 150 l. One Gold Ring and Diamonds set therein of the value of 300 l. One other Gold Ring and nine Diamonds fixed in the same Ring called an Agar Ring of the value of 5 l. One Jewel and thirty seven Diamonds of the value of 30 l. One Gold Chain of the value of 30 l. One Gold Ring and nine Diamonds set therein of the value of 6 l. Another Gold Ring and a Jacent Stone fastened therein and two Diamonds set in either of them of the value of 3 l. One other Gold Ring of the value of 20 s. One Necklace of Pearl of the value of 500 l. One Knot of Diamonds and pendant Pearls fastned thereto of the value of 300 l. One Sprigg and three blew Saphires nine pendant Pearls and fifty six Diamonds fastened thereto of the value of 300 l. One Gold Ring and thirteen Diamonds set therein of the value of 50 l. One other Gold Ring and Diamonds set therein of the value of 50 l. One Knot and seventy five Diamonds set therein of the value of 100 l. One Necklace of Pearls containing One hundred seventy two Pearles of the value of 11 l. 10 s. One Necklace of Pearl containing Two hundred seventy six Pearls of the value of 18 l. 10 s. One Jewel and forty six Diamonds set therein of the value of 300 l. One Jewel and fifty three Diamonds set therein of the value of 200 l. One Gold Ring and one Diamond set therein of the value of 50 l. One Locket and thirty six Diamonds set therein of the value of 70 l. Two Lockets and one Ruby and twenty Diamonds set in either of them of the value of 60 l. One pendant Pearl set in Gold and four Diamonds set therein of the value of 40 l. One other Gold Ring and with one Diamond of the value of 35 l. Six Bracelets set with precious Stones of the value of 20 l. One blew Saphire twenty four Diamonds of the value of 40 l. One Locket and Nine Yellow Diamonds set in Gold of the value of 20 l. One Locket and eight Diamonds set therein of the value of 8 l. One Jewel and twelve Diamonds set therein of the value of 15 l. One Gold Ring and Diamond of the value of 5 l. One Jewel and Saphire Ruby and Emerald adjacent and four Ophirs set therein of the value of 12 l. twelve Scotch pearls of the value of 3 l. sixty two Pearls of the value of 12 l. One Oriental Amithist six Diamonds set therein of the value of 20 l. Two other Gold Rings nine Diamonds in either of them of the value of 15 l. One other Gold Ring and thirteen Diamonds set therein of the value of 8 l. One Jewel and ten Diamonds and seven Emeralds of the value of 15. l. Sixteen gold Rings and seven Diamonds in every of them of the value of 1754 l. One Bracelet and thirteen great Rubies set therein of the value of 100 l. Six Two and Twenty shilling peices of Gold five other peices of Gold called Five shillings six pence a peice three other peices of Gold of Two shillings nine pence a peice another peice of Gold of Twenty shillings two other peices of Gold of five shillings a peice four Eleven shilling peices of Gold five peices of French Gold of Sixteen shillings six pence a peice and 1023 l. in money particularly named in the said Indictment of the Goods and Chattels of the said Francis Tryon then and there being found then and there Feloniously and Burglarly you did steal take and carry away And that you the said Mary Turner and Ely Turner knowing the said John Turner the Felony and Burglarly aforesaid to have committed the said John Turner afterwards that is to say the 8. day of January in the Fifteenth year aforesaid at London aforesaid that is to say in the Parish
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