THE TRYALS Of Such Persons as under the Notion of LONDON--APPRENTICES Assembled in Moore-Fields and other Places on Easter&rehy;Holy-dayes last, under Colour of Pul&rehy;ling-Down Bawdy-Houses.
&Uic;Pon Easter Munday last, being the 23th. day of March, in the 20th. Year of the Reign of our Sove&rehy;reign Lord the King that now is; It being the usuall time of the Apprentices Liberty for their Civil Recreations; A Rude Mul&rehy;titude of People being met together in Moore&rehy;Fields, where, being so assembled, were instigated by some Factious Persons amongst them; who, to colour their Design, insinuated into the Rabble the pulling down of Bawdy-Houses; Under which Colour of Reforming of Bawdy-Houses, they at length Raised a great Hubbub; and so increasing in their Disorders, in a Tumultuous manner, com&rehy;mitted many notorious Crimes; But, by the vigi&rehy;lancy of the Magistrates of the City, with the assist&rehy;ance of His Majesties Guards, were at last reduced; some of the Ring-Leaders whereof were apprehend&rehy;ed and committed to the Goal for their Offences, to receive their Tryalls according to the known Lawes of the Land.
And having been several times Examined, upon Confession of some, and Pregnant Proofe against others, by a special Jury of several Knights, Esquires and Gentlemen, of very great worth and esteeme, of the County of Middlesex,
These Persons following, to wit
- Peter Messenger,
- Richard Beasley,
- William Greene,
- Thomas Appletree,
- John Earles,
- William Wilks,
- William Ford,
- Richard Farrell,
- Edward Cotton,
- Edward Bedle,
- Richard Latimer,
- John Sharpless,
- Richard Woodward,
- Thomas Limerick,
- John Richardson.
Were Endicted of High-Treason for Levying of a Publick Warr against our Sovereign Lord the King; and at the Goale-delivery of Newgate, held at the Sessions-house in the Old-Baly London, the First day of April, 1668, and continued till the 4th. day, on which said 4th. day in the presence of
Sir John Kelyng Knight, Lord Chiefe Justice of His Majesties Court of Kings-Bench.
Barons of His Majesties Court of Exchequer.
- Sir Edward Atkins
- Sir Christopher Turner
- Sir Richard Rainsford
Together with Sir William Wild Recorder of the City of London; These Prisoners following, viz.
- Peter Messenger.
- Richard Beasley.
- William Greene.
- Thomas Appletree.
Were first called to the Barr to receive their Tryalls; where, after Proclamation being made, they severally Pleaded to their Indictments; and put themselves for their Tryal upon their Country.
The Names of the Jury Sworn.
- Anthony Hall,
- William Knight,
- Henry Francis,
- John Baker,
- Robert Shaw,
- Thomas Constable,
- Thomas Jennins,
- John Nichols,
- Ralph Bradshaw,
- John Saving,
- John Marsh,
- Henry Kent.
The Jury being Sworn, the Court proceeded to Tryal.
Kings Counsel. Mr. North. You Gentlemen of the Jury, these four, Peter Messenger, Rich&rehy;ard Beasley, William Greene, Thomas Appletree, stand Indicted for High-Treason, having left their Obe&rehy;dience to our Sovereigne Lord the King, and being instigated by the Devill, upon the 24th. day of March last past, did Contrive a Design to Levy Warr and Rebellion against the King; being in the Head of Four or Five Hundred, Armed and Arraied: If this matter be proved against them, you must find them Guilty.
2. Counsel, Mr. Pemberton. You Gentlemen of the Jury, these Prisoners at the Bar did contrive and levy war, and fell upon the Kings Of&rehy;ficers, and beat them, and broke the Prison, and let out the Prisoners, some for Felony: among the Mul&rehy;titude these were Four of them, as we shall endeavour to prove.
The names of the Witnesses called and sworn,
- Richard Dowson.
- John Cowley.
- Henry Bull.
- James Martin.
- Abraham Brookes.
The Oath.
&Tic;He evidence you shall give between our Sove&rehy;reign Lord the King and the Prisoners at the Bar shall be the truth, the whole truth, and nothing but the truth. So help you God.
Counsel. Sir, pray tell my Lord what you see these do on Easter Tuesday.
Witness. My Lord, I saw this Richard Beasley in the head of four or five hundred; he had a sword, and I took his sword from him; he had Colours, a green Apron upon a Pole; I heard some of them cry, Down with the Redcoats, and I did see William Greene there too, but not Appletree.
L&dsup;. C. Justice. Did they go with the multitude or no, or were they with them?
Witn. They were with them; but I cannot say they went along with them.
Counsel. Pray tell my Lord what the Multitude said at that time.
Witness. When we fell on them, they run away.
Lord C. Just. Did Beasley lead them on?
Witness. They said he was their Captain.
John Cowley second witness Counsel. Master Cowley tell my Lord what you saw.
Cowley. My Lord, he cut me and wounded me on the hand. The Constable charged them to be gone, and disperse themselves; with that they struck at the Constable, and knocked him down.
L&dsup;. C. Just. Under what pretence did they pull down any house?
Witness. The Constable, and some more of us, beat them up Nightingale Lane, I know not what their pretence was; I saw Appletree there, for he was the first that struck at the Constable, this was on Easter Tuesday.
L&dsup;. C. Just. Did you see Greene there?
Witness. I cannot tell.
L&dsup;. C. Just. Did you see them pull down any house? what did you hear them say?
Witness. They said, Down with the Bawdy&rehy;houses.
Ld. C. Just. Did you hear them talk of the Red&rehy;coats there? was Greene amongst them as one that helped and acted with them?
Witness. I see him in Morefields on Munday, Tues&rehy;day, and Wednesday shout and throw up his Hat.
L&dsup;. C. Just. What did you see them do?
Third Witness. All that I saw was that Peter Messenger come along with the Colours in his hand, and I took him and carried him to prison my self; I did not hear them cry, Down with honest houses, but Bawdy-houses, I did not see all those, but onely these two, (pointing to two at the Bar.)
L&dsup;. C. Justice. Ay that was the Captain and the Ensign.
Fourth witness Henry Bull. My Lord, I saw this Beasley and Messenger in Moore-fields pulling down houses on Munday and on Tuesday in the head of three hundred, and at that time we routed them; On Wednesday they came with four or five hundred, and cried, Down with the Redcoats.
James Martin fift Witness.
L. Ch. Just. What can you say?
Witness. All I know is, Beasley made a blow at our Ensign, and struck at him with his Sword.
L&dsup;. C. Just. What was their pretence?
Witness. I cannot tell that.
Another Witness. I see Thomas Appletree help to pull down Peter Burlingham's house, and broke an&rehy;other.
Serj. Wild. What Company had they?
Witness. About three hundred.
Ld. C. Just. Had they any Colours? what did you hear them declare?
Witness. I heard them declare nothing, for I had like to have been knockt on the head.
L.C. Justice to the Prisoner Beasley. Well what do you say for your self, you hear it is sworn against you, that you were at the head of this Rabble, and they called you Captain, and you lead them up, and when the Constable came to command peace in the Kings name, you fell on him, and wounded him, so that he is hardly able to be here this day; Why did you gather this multitude together? It will behove you to make your Answer, what reason had you for it?
Beasley Pris. I do not know the reason.
L. Ch. Just. I speak to you, that you should give a reason; After all this trouble that we have had in this Nation, it is a sad thing that a great number of giddy-headed people must gather together, under pretence of Reformation, to disturb the peace of the Nation again, if you can say no more for your self, there will be little trouble with you.
Serj. Wilde. What was the meaning of your ga&rehy;thering together?
Beasley Pris. We went to pull down Bawdy&rehy;houses.
L Ch. Justice. How did you know which were Bawdy-houses? if you had known them you might have indicted them, there is law against them, but this is a strange kind of Reformation, if a Rabble come and saies, This man is a Papist, and this keeps a Bawdy-house, and would pull it down, this is a mad Reformation.
Messenger Pris. My Lord that man hath sworn I was out on Tuesday, it was Wednesday before I came forth, but staid at home with my wife, because I would not be among them.
L. Ch. Justice. Did not you carry a green Apron on a Pole for your Colours?
Prisoner. My Lord, as I passed along by the Rout they flung a Bottle at me, and had like to have knockt me down, and tore my Apron off, and char&rehy;ged me to carry it on a Pole, and I would fain have come away from them, and could not.
L. Ch. Justice. Make this appear, that you would fain have got away, and that they did force you to do what you did, and I shall be glad of it.
Prisoner. There is none of them here now that were there then.
L. Ch. Justice. Then all that you say is of little use: for it is no great thing to make a lye to save ones Life.
Prisoner. God is my Witness.
L. Ch. Justice. Have a care what you say.
A Constable wit&rehy;ness Sworne.
L. Ch. Justice. What say you of these four at the Barr.
Constable. My Lord, I heard they were pulling down Houses, and I did what I could to preserve the Kings Peace; and that day I did save a great many houses and goods; the next day they were near my own house, and I did endeavour to do the same; and this Fellow with his Company did surprise my Men, and knockt me down; yet I Commanded the Peace, and they beset me round about, and cut me over the hand: I do remember that Beasley. VVe were in a place where there were three turnings, but they knockt me down, and beat me so, that I could not tell who it was that did hurt me.
L. Ch. Justice. Do you know any more of this Company.
VVitness. No, my Lord: for if the Soldiers had not come, they would not have left till they had killed me.
Counsell. Had you your Staffe?
Constable. Yes; But they took it away from me.
Another witness. I saw Messenger on Tuesday, though he sayes to the contrary.
L. Ch. Justice. Messenger, You hear what is said against you, you say you were not out on Tuesday, he hath Sworn you were at the head of a Company with a Green Apron on a stick, and led them up.
Prisoner. I was not there.
Henry Bull VVitness. I saw him (my Lord) on Tuesday, he and Beasley, about eleven of the clock in Moore-Fields, and they had gathered a great multitude of four or five hundred, and then they made an attempt to come into our Parish, and they cried, Down with the Redcoates.
Messenger Prisoner. Pray, my Lord, let my VVit&rehy;nesses be called in, for they Swear false.
L. Ch. Justice. Your VVitnesses shall be called, a little of due consideration before-hand would have done you more good then now.
Mr. Glover and Mr. Bennet the Prisoners VVit&rehy;nesses.
L. Ch. Justice. What say you concerning the Priso&rehy;ner.
Glover. I can say (my Lord) he was till five of the Clock on Wednesday at Mr. Bennetts House in Golden Lane.
L. Ch. Justice. Where was he on Monday and Tuesday.
Glover. I know not.
Bennet. On Wednesday he was at a Kinsmans house.
L. Ch. Justice. These two Witnesses gives no ac&rehy;count at all of you, where you were on Monday and Tuesday.
L. Ch. Justice. Greene, What say you?
Greene. I was not among them.
L. Ch. Justice. It is sworne you were amongst them and threw up your Cap. Were you not knockt down?
Prisoner. Yes my Lord.
L. Ch. Justice. How could you be knockt down if you were not amongst them.
John Cowley VVitness.
L. Ch. Justice. Did you not see Greene in the Multitude?
Cowley. I see him do nothing: but I see him with a Staff in his hand; I did not see him act any thing but follow the Colours.
Greene. Pris. I was not among them but as I came home.
L. Ch. Justice. You meane you did not take part with them, but you were there: It is Sworn you were upon Tuesday, following your Captain and the Colours: It is Sworn by Mr. Bull you were among the Rabble, and were knockt down: now, if the Ju&rehy;ry do not believe that you did act among them, we will leave it to them.
L. Ch. Justice. Appletree, What say you?
Appletree. As I was passing along (my Lord) I saw a Crowde, and I went to know what was the mat&rehy;ter, and there came a Company down, and some running after me did me a mischief; I did not see the Constable, nor say, Knock him down.
L. Ch. Justice. It is Sworn that you were the first Man that struck the Constable, and that you were at the pulling down of Burlinghams House.
Prisoner. I did not offer to pull down his house, nor strike the Constable.
Abraham Brookes VVitness. My Lord, he was in Peter Burlinghams house, and broke it down, so that you might have riden a Horse through it; I spake to him two or three times to leave off, and if I had not stoopt suddenly he had struck me down with a Bed-staffe.
Cowley VVitness. I did see him on Tuesday with their Company, and I did see him strike at the Con&rehy;stable.
L. Ch. Justice to the Jury. Gentlemen of the Ju&rehy;ry, you have heard what these say; The Prisoners are Indicted for High-Treason, for Levying of Warr against the King: By Levying of warr is not only meant, when a Body is gathered together, as an Ar&rehy;my is, but if a Company of People will go about any Publick Reformation, this is High-Treason, if it be to pull down Inclosures, for they take upon them the Regall Authority, the way is worse then the thing: These People do pretend their Design was against Bawdy-houses, now for Men to go about to pull down Houses under the pretence of Bawdy&rehy;houses, with a Captain, and an Ensigne, and VVea&rehy;pons, if this thing be endured, VVho is safe? It is High-Treason because it doth betray the Peace of the Nation, for every Subject is as much wronged as the King; for if every man may reforme what he will, no man is safe: therefore this thing is of a des&rehy;perate Consequence, we must make this for a pub&rehy;lick Example: There is reason we should be very cautious, we are but newly delivered from Rebellion, and we know that that Rebellion first began under the Pretence of Religion and the Law, for the De&rehy;vill hath alwayes this Vizard upon it; VVe know that that Rebellion began thus, therefore we have great reason to be very wary that we fall not again into the same error, but it should be carried on with a watchful eye: And because Apprentices hereaf&rehy;ter shall not go on this Road, we will have the so&rehy;lemne Resolution of all the Judges, and therefore you are to find it specially. You must find the mat&rehy;ter of Fact, And We will Assemble all the Judges together in a Sober way, to give their Judgment, whether it be High-Treason or no; not that we do doubt of it now, for we know it is High-Treason, but for general satisfaction. It is proved that Bea&rehy;sley went as their Captain, with his Sword, and flou&rehy;risht it over his head; Messenger was there with his Green Apron on a Pole in Morefields on Tuesday, and on Wednesday he was in the same posture a&rehy;gain.
Prisoners. My Lord, We would have our Wit&rehy;nesses heard.
L. Ch. Justice. You shall have no wrong done to you?
As for Greene it is proved he was with them shout&rehy;ing, and casting up his Cap: Now the Act that any one does in such a Tumult is the Act of all, if they all joyn together. He was on Tuesday following there, and on Wednesday he was taken. And then for Appletree he was the first Man that struck the Constable, and pull'd down Burlinghams house.
Edmund Bedle. Richard Latimer. to the Barr.
Bill of Indictment.
You that are now called, being moved through the Instigation of the Devill, and having not the Fear of God before your eyes, have withdrawn your Obedience to our Sovereigne Lord the King, and against him did imagine and contrive Warr and Re&rehy;bellion the 24th. day of March, with four or five hundred Persons in a Warlike manner arraied with long Pikes and other Armes, there met and assem&rehy;bled, against the Peace of our Sovereign Lord the King His Crown and Dignitie, &c.
Witnesses Sworne.
- William Badley,
- William Riggs,
- John Maldey.
- John Williams.
K. Counsell. Gentlemen of the Jury, Bedle and Latimer stand Indicted for High-Treason, wanting that love and obedience that every man ought to have of his King, did the 24th. day of March assem&rehy;ble themselves together, to the number of four or five hundred persons, to Levie Warr and Rebellion; if we prove this, you must find them Guilty of High&rehy;Treason.
Gaylor of Finsbury Prison. Witness Sworne.
Counsell. Tell my Lord what you saw.
2Witness. I can charge no particular Person, I was from home; and when I came home I found the Prison doores open, and they had let out their own Company and two others; and I locked up the Pri&rehy;son doores, and they gathered together about the Prison, and there came their Captain with his Halfe&rehy;Pike, and Commanded me to open the doore; I told them, I would not open the doore: they told me, VVe have been Servants, but we will be Masters now; and if you will not open the doore, we will do your business for you by and by: They had Swords and Belts, and Halfe-Pikes, and they did push at me; And I came to a Parly with them when I saw there was no remedy; I let their Captain in, and when he could find none of his Company there he went away; but had it not been for the Com&rehy;pany that stood without I would have kept him fast enough.
Another VVitness Sworne.
L. Ch. Justice. VVere any of these that stand at the Barr at Clerkenwell with a stick in his hand?
VVitn. Yes (my Lord) I saw Latimer there knocking at the Gate, and the Prison was broke o&rehy;pen; and there came down Justice VVelsh to them to disperse them, but they let out two of their own Rabble, and two of the Felons.
Another Wit&rehy;ness sworn. Nine of the Clock on Friday, I went to the Gate of the New&rehy;Prison, and there came and clapt a Bar in between the Gates to open them, and I saw Latimer throw&rehy;ing stones at the Windows. Justice Welsh being there, would have taken some of them, and they cried out, one die, and all die.
William Riggs, witness, sworn. I saw Bedle, and took him; their number was about four or five hundred; and I got out two Files of Men, and took four men more, whereof this Bedle was one of them.
Judge. What do you say to this?
Latimer. This man hath a spight against me, (my Lord) for getting up behind the Coach, I let my Whip fall, and gave him a lash.
L. Ch. Justice. But what sayes the other against you? what made you there? And Bedle, what do you say for your self.
Bedle, Pris. My Lord, I was in Southwark, and came from thence to Bishopsgate-street, and met with a Friend, and we drank four Flagons of Beer; so that I got a little too much drink in my head; and I stood and looked a while at the Priso&rehy;ners in Bishopsgate, and my Uncle coming along, I went with him a little way, and then turned about and left him; and there was a man came and said, Brother, will you not go and see what they do in the Fields? and it was my hard fortune to be among them, but did not any hurt, blessed be God; but I followed them without doing any harm, and they went down Old street to Clerkenwell, but I did not break the Prison, nor do not know where the Prison is; for there was a Company made up to them, and they began to run.
L. Ch. Justice. What did you say when they run away, did you not say, Face about?
Prisoner. Your Lordship heard so, but I did not say face about.
L. Ch. Justice. You Gentlemen of the Jury, you see what their Indictment is; They gathered a mul&rehy;titude together at Clerkenwell, and they had a Cap&rehy;tain with a Half-Pike, that came to the Prison and forc'd open the door, and brought out two of their own crew, and two of the Felons, and they said they had been Servants before, but now would be Masters; and they cried out one die, and all die. And you have three Witnesses that swear that these two were there. Latimer especially, the Keeper, sayes he was forc'd to come to a parly with them, and took in their Captain, to give him satisfaction that there was none other there of their gang. Bedle sayes he was there but he was drunk, which is no sufficient excuse.
- Richard Cotton called to the Bar.
- John Earles called to the Bar.
- William Wilde called to the Bar.
- Richard Farrell called to the Bar.
- William Ford called to the Bar.
Their Indictment read.
Sir Philip Howard witness sworn.
L. Ch. Justice. Sir Philip speak what you know of these men.
Sir Ph. I delivered these men into the Constables hands.
Counsel. Did you not see a multitude of these people gathered together in a warlike way, if so, tell my Lord?
Sir Ph. There came some sober people, and told me that the tumult was greater then it was when my Lord Craven was there, and they did desire my as&rehy;sistance, and so I went into the Fields, and divided my men half on the one side, and half on the other, and the people looked upon us so contemptibly, that they told us we should quickly be unhorsed, there&rehy;fore I charged my men not to let any man come with&rehy;in my Arms.
L. Ch. Justice. Had they any Colours?
Sir Ph. They had a Sheet for their Colours, and when they saw my Horse they got into the Field, and stood as if they did not fear us, and I ordered some of my men to go and take him that had the Co&rehy;lours, and so our men did, and I called for a Constable, but there was no Constable to be found, and I thought my self to govern them, and to bring them into better order, at length this man came with his watch, and I delivered them into his hands, and I believe these are the men that I delivered to the Constable.
Sir Edward Fish, witness, sworn.
Counsel. Pray, Sir, look upon the Prisoners; and see if you know any of them.
Witness. I cannot say that these were any of the persons that we did take, but there was a multitude of them gathered together, and we did desire them to go home, and they took up Brickbats in their hands, and said, They had as much to do there as we had. I took a Hanger from one of them my self, which is here in the Court.
Robert Hoydon, witness, sworn.
Counsel. Tell my Lord what you heard this Rabble of peo&rehy;ple say.
Witness. There came a Troop, and they thought it had been the Duke of Yorkes Troop, and they ran with Brickbats in their hands to them, and said, that if the King did not give them Liberty of Conscience, That May day must be a bloudy day.
Another witness sworn.
L Ch. Justice. Speak what you know of these people.
Witness. My Lord, they asked if the Duke of York were there, and answer was made, Yes, think&rehy;ing they would have been satisfied and dispersed, but notwithstanding they came up to the Wind&rehy;mills and flung stones amongst us.
Captain VVilding witness, sworn. My Lord, we did desire them by fair means, to disperse themselves and go home; they told me no, They would be with us ere long at VVhite-hall.
Another Captain sworn. My Lord, I was forc'd to make some resistance, but they flung stones very thick at us, saying, These Life&rehy;guard Rogues are but a few, and because I com&rehy;manded one of my Officers to seize on one of them, they cried, Knock down the Rogue.
Another sworn. My Lord, I desired them to go home, their answer was, that we were Rogues and Dogs, and ere long they would come and pull VVhite-hall down, and their word was, Hey now or never.
Constable sworn. My Lord, I had these three at the Bar, but VVilde was none of them; pointing to the third.
Lord Ch. Justice. You say the other were.
Constable. Yes.
Pike and Gillington witnesses sworn.
Pike. I did see this Cotton breaking down Bur&rehy;lingham's house.
Gillington. I can speak of the tall man Cotton, I will swear he was one of them.
L&dsup;. C. Just. Sir Philip Howard saies he delivered Five to the Constable, and the Constable saies he does not know whether these be the persons or no, but it is the same thing if they were among those that did it.
Serj. Wilde. Yea, the thing is the same.
L&dsup;. C. Just. You hear your Indictment is for High Treason, you are persons of the same Com&rehy;pany, what do you say for your selves?
Prisoners. We were not there.
Serj. Wilde. The Constable swears it.
Constable. I cannot say, these were they, but two of them, Farrell is one.
Prisoner. I was walking to Islington, and I did march a little way with them, but did nothing.
L&dsup;. C. Just. Where were you taken.
Prisoner. By Hollawell Lane, and I was all alone, and a Horseman rode after me, and asked me, if I were not one of them.
L&dsup;. C. Justice. All the Constable can say is this, There were men delivered to him from the Guard, and this man does not deny but that the Guard took him, but he did nothing, but many people are wal&rehy;king abroad in the Holidays; it is pity to take away a mans life without sufficient evidence.
Lord Ch. Just. Farrell, what do you say?
Farrell. I was with my father and mother all the Holidays.
L. Ch. Justice. Cotton, What say you?
Cotton, I came through Moorefields about noon, and I was taken by one of the Life-Guard.
Serjeant Wilde. But you were pulling down a house.
Witness. He was pulling down a House on Mun&rehy;day I was informed, and he was commonly among the Players at Pigeon-Holes, and after he had been pulling down a house, he was looking about to see what he could light of.
Prisoner. As I have a Soul to save he Sweares falsly.
L. Ch. Iust. Have a care what you say.
You Gentlemen of the Jury here are five men more that are Indicted for the same disorder that the rest were, and we have now a little more discovery of their Rising, and we have discovered other Colours, for they thought the Duke of York had been in the Fields, and that enraged them the more, they ta&rehy;king Sir Philip Howard for the Duke of York; and when they did desire them to disperse themselves and go home, they said, They would not for such Rogues as the Kings Life-Guard were, but they would soon be at Whitehall; but you shall see what a Disguise is put upon it, If the King will not give us Liberty of Conscience, May-Day shall be a Bloody-day: This is Gentlemen to give us an Alarum, that we may not be too secure; And this must be punished as High-Treason, else we do destroy all. I think no body would have the Innocent to suffer: I had rather a Guilty Person should escape, then a Guilt&rehy;less Person suffer. You hear the Constable cannot Swear that all those were the Men, and some others, because in such a Hurry a particular person cannot be known, except you know any of them by sight; I cannot see how you can find them Guilty, God forbid:
- John Richardson to the Bar.
- Thomas Limbericke to the Bar.
- Richard Woodward to the Bar.
Counsell. You Gentlemen of the Jury, these three that were called last to the Barr stand Indicted as the others, for Levying Warr and Rebellion in Hol&rehy;bourn; you shall hear the Evidence, and if we make good the Evidence, you must find them guilty.
William Rogers Sworn witness. My Lord, I found this Man at the head of a Party, and I took him, and committed him to the charge of a Com&rehy;pany.
L. Ch. Justice. Was he leading them on? Are you sure he was there?
VVitness. He will not deny that he was there, but he made no resistance at all: for we had three or four Companies ready to surprise them.
Mrs. Burlingham witness sworn. My Lord, This was the first Man that laid hands to pull down my house.
Serj. Wilde. Mistris, was yours a Bawdy-house?
Mris Burlingham. No but they dragg'd me out of it.
L. Ch. Justice. Was your House pull'd down?
Husband's Answ. Yes: and all my Goods de&rehy;stroy'd, and Ten pounds in Gold taken out of my Wives Pocket.
Another Wit&rehy;ness sworn.
Judge, What can you say of Wood&rehy;ward?
Witness. I cannot say he did take any thing out of the House that I know of.
L. C. Justice. I do not ask you that; but did he go along with them, or had he a Staff in his hand?
Witness. That John Richardson, (my Lord) is a Tapster; I heard him say he had made work for us, for he had helped to pull down a house.
John Hand Wit&rehy;ness, sworn. My Lord, on Saturday last at six of the Clock, I heard him in the red hair say, I have made work for you all. I do not know what he is.
L. Ch. J. What do you say for your self?
Limberick Prisoner. My Lord, I went up to see what the tumult was doing, for I lodg'd hard by; and when they had pull'd down the House, some run one way, and some another; and I was going to Westminster, and as I was walking up Holbourn, the rest of them were at my heels.
L. Ch. Justice. That was because you was their Captain, and dragg'd the Woman out of the House that sayes she hath lost all she had. Woodward what say you?
Woodward. My Lord, Mr. Brooks gave me a black Pot to drink, and I staid no longer then the drinking of that.
L. Ch. Justice. What do you say that Richardson pull'd down the Woman's House?
Prisoner. My Lord, there was a Whore that clapp'd hands on me, and I wrung my self from her, and told her that her House should be pull'd down.
L. Ch. Justice. Truly I see scarce an Apprentice among you all, and I am glad of it there is no more.
Witness. I dog'd him home to his Master's house, but did not lay hold on him.
Prisoner. I am very innocent of any thing of hurt that I did.
L. Ch. Justice. Prove it.
Prisoner. I was alone, How can I prove it. I was not all the Holidayes abroad.
The Apprentice Master. All Monday he was at home, and on Tuesday he was at home.
Serj. Wilde. It is impossible for him to be one of them, you might mistake.
L. Ch. Justice. You Gentlemen of the Jury, in this case take notice; As for Woodward, they say he was there with a Stick in his hand: I would have you take notice that there is but one Witness, for the other you have his own braggs, if you will be&rehy;lieve him that he pull'd down a House; you have no other; if you will believe him to be a bragging fool you may. And now for Limbericks Witness, he shall be heard.
Prisoners Witness.
L. Ch. Justice. What do you know of the Prisoner at the Bar.
Witness. This Man (my Lord) did lie in my House, and he did never stay after 9 or 10 of the Clock: He was at home every night betimes, and he did give me all his money to lay up, and he did earn 16 pence a day.
Another Woman Witness sworn.
L. Ch. Justice. What can you say?
Witness. My Lord, I can say nothing but that he is a very honest man.
John Sharpelisse, Prisoner at the Bar.
His Inditement read.
Counsel. Gentlemen, he at the Bar stands indicted for High-Treason, and stirring up Rebellion in po&rehy;pular at the head of 500 persons, and pulling down Houses in Ratcliffe High-way, which we shall endea&rehy;vour to prove.
John Harding, Owen Maxum. Witnesses call'd, but came not in against the Prisoner.
L. Ch. Justice. Gentlemen of the Jury, you know for matter of fact you are Judges: if you are not satisfied in the Evidence, then you cannot find them guilty. Consider who those persons are where the Evidences have not given sufficient satisfaction.
The Summe of the Juries Verdict.
&Tic;He Jewry being dismiss'd to consider of their Verdict, after a short stay they return'd, and found that as to Messenger, Appletree, Beasley and Greene, that according to the time in the Indictment mentioned, they were met together in a riotous manner in East Smithfield in Middlesex, and about Moor-Fields, under colour to pull down the Baw&rehy;dy-houses. That their Captain was Beasley, who led them on with his Sword drawn, and that they had their Ensign carried by Messenger, which was an Apron carried upon a Pole, and so they marched with their Conductor. That they resisted the Con&rehy;stable who charged them in the Kings Name to keep the Peace, and struck him, and took away his Staff, and that these several persons were abetters in that tumult.
And as to Bedle and Latimer, they found that a great number of people were met together armed with Swords, Clubs and Staves, &c. at Clerkenwell&rehy;Green to break New-Prison there, and had their Commander who had a Pike in his hand, and came to New-Prison, and released the Prisoners, some whereof were committed for Felony; and that when they were commanded to be gone, they cried out that they had been Servants, but now they would be Masters, and that these persons were seen acting in the tumult and there taken.
As for Cotton they found, that the riotous persons were met together upon the 24&thsup; of March with a great number of people armed with their swords, and such like warlike weapons, for pulling down of Bawdy-houses, that when Sir Philip Howard with the Kings Guards came up to them, and commanded them to depart, they refused, and when it was given out that Sir Philip Howard was the Duke of York, thinking thereby they would be appeased, they were enraged the more, and declared, that if the King would not give them Liberty of Conscience, they would make May day a bloudy May day, threatning to pull down White-hall, and very contemptuously sleighted the Kings Guards, because they were but a small number, and this Cotton was proved to be one of them in the Action, and all along acting in the Riot.
And further, as to Limberick, he was met, with the same Pretence of pulling down of Bawdy-houses, being armed as the rest were, and was owned by the Rabble to be the Captain of their Company: that he with his Companions pulled down the House of Peter Burlingham, and stole his Goods; The rest were found Not-Guilty.
The Jury having thus found it specially, My Lord Chief Justice commanded the Prisoners again to the Bar, to whom he spoke to this effect, That we all now see what great cause we have to bless God, that we live under so merciful a Prince, and so good a Law as we now find we do live under; and that not only one Prince hath been so merciful, but such have been the gratiousness of other former Kings of Eng&rehy;land, that we shall rarely find any severity used in the execution of penal Statutes, where any fair means (which constantly hath been used,) could have any effect at all, That our Justice is not privately, but publickly administred in the sight of all people, like a Beacon that gives warning to all; so that all might take notice thereof, and avoid the like dan&rehy;ger that others have fallen into. That the Prisoners more especially ought to bless God, and seriously to reflect within themselves this great mercifulness of our King and Law: for hereby they see, they have not been served so as they have served others (for then upon the very apprehending of them they might have received their execution) but contra&rehy;riwise, they have had a fair Trial, not by strangers, but by their own Country and Neighbours, having had the liberty to speak what they could for themselves, and Witnesses for them, so that if it were possible all might have been found innocent, and heartily wished all could have been so found, and that some, blessed be God, are not found guilty, and to them he hoped this would be a sufficient warning, &c.
Now as to all these Eight, against whom the Verdict was specially found, the Court took further time (because they would advise thereof before they would give their judgment whether High-Treason or no, it being declared by my Lord Chief-Justice to be matter of Law; and in the mean time these persons are to remain in safe Custody in His Majesties Goal at Newgate.
And for the other Six, viz.
- John Earls,
- William Wilde,
- Richard Woodward,
- Richard Farrel,
- John Richardson,
- William Ford.
The Jury found them not guilty, and so acquitted them of the offence whereof they stood charged, who after seve&rehy;ral Admonitions by the Court for their future good behavi&rehy;our, they were discharged.
FINIS.