FOOTNOTES:

and I being willing (my Lord) to hear what their consultations were, I went thither, and was there as one of them (but I was not one); amongst the rest Hugh Peters was one; when the room was pretty full the door was shut. Mr. Peters was desired to call for a blessing upon their business; in his prayer he uttered these words, 'O Lord (said he) what a mercy it is to see this great city fall down before us! And what a stir there is to bring this great man to trial, without whose blood he will turn us all into blood if he reign again!'

Beaver, upon the day appointed for a fast for those that sat then as a parliament,

went to Westminster to find out some company to dine with me, and having walked about an hour in Westminster Hall, and finding none of my friends to dine with me, I went to that place called Heaven, and dined there.

After he had dined he went through St. Margaret's churchyard, and finding it all full of muskets and pikes, asked some soldiers what was their business there. They told him that Peters was preaching in the church, and 'I must needs have the curiosity to hear that man, having heard many stories of the manner of his preaching (God knows I did not do it out of any manner of devotion); I crowded near the pulpit, and came near to the speaker's pew.' He heard Peters preaching on the text about the Jews releasing Barabbas and crucifying Christ; interpreting Barabbas to mean the King, and Christ the Army.

Says he, and because that you should think, my lords and gentlemen, that it is a question, I tell you it is a question; I have been in the city which may very well be compared to Hierusalem in this conjuncture of time, and I profess these foolish citizens for a little trading and profit, they will have Christ (pointing to the redcoats on the pulpit stairs) crucified, and the great Barabbas at Westminster released.

He told the members that they were the Sanhedrim, and that it was they to whom the people looked for justice—

Do not prefer the great Barabbas, Murderer, Tyrant, and Traitor, before these poor hearts (pointing to the redcoats) and the army who are our saviours.

It was proved by the journal of the House ofCommons that a fast had been ordered for the 20th of December 1648.

Chacehad heard Peters preaching on the 21st of January; his text was, 'Bind your kings with chains, and your nobles with fetters of iron.' He maintained that the King was not above the law. It was said they had no power to behead the King; 'Turn to your bibles,' he answered, 'and you shall find it there, Whosoever sheds man's blood, by man shall his blood be shed; and I see neither King Charles, Prince Charles, nor prince Rupert, nor prince Maurice, nor any of that rabble excepted out of it.'

Peters—Ask him if he took notes.Chace—No sir, but it being so memorable a sermon I took special notice of it; I came to my brother's house in Shoe lane, and told him; said I, Brother, I have been at Whitehall and have heard the most execrable business that ever was in the world by a minister of the Gospel, and told him the words, and I observed that Oliver Cromwell did laugh at that time when you were preaching.

Peters—Ask him if he took notes.

Chace—No sir, but it being so memorable a sermon I took special notice of it; I came to my brother's house in Shoe lane, and told him; said I, Brother, I have been at Whitehall and have heard the most execrable business that ever was in the world by a minister of the Gospel, and told him the words, and I observed that Oliver Cromwell did laugh at that time when you were preaching.

Tongue,Bowdler,Rider, andWalkerall gave similar evidence as to Peters' preaching.

Cornelius Gloverwas called by Peters, but was not sworn. He was Peters' servant at the time of the King's execution; on the morning of that day Peters was ill in his chamber.

I had a desire to go to see the meeting where they were at Whitehall; saith he, 'Thou seemest to have agreat desire to go and look about thee, it is very sad, but if you will go you may.' I did go over the park.

He went about noon, the soldiers and people filled the place, and he went back in a quarter of an hour's time. When he got back, Peters was still in his chamber. He was melancholy sick, as he used to be.

Lord Chief-Baron—Did you desire to go, or did he send you?Glover—I did desire to go, being newly come to London.

Lord Chief-Baron—Did you desire to go, or did he send you?

Glover—I did desire to go, being newly come to London.

Peterswas then called on to make his defence. He began by pointing out that he had nothing to do with the beginning of the war.

I lived fourteen years out of England, when I came over I found the wars begun; I began no war, my lord, nor have been the trumpeter; when I came out of the West Indies I fled from the war into Ireland, to the western parts there. I was neither at Edge-Hill nor Naseby; but my lord, after I came over there was war that the people were engaged in; I was not here in the beginning of it, but was a stranger to the carriage of it. When I came into the nation I looked after three things; One was that there might be sound Religion; the second was that Learning and Laws might be maintained; the third that the poor might be cared for; and I must confess I have spent most of my time in these things to this end and purpose.

He explains how he acted for these ends inIreland, and how, being sent over to England, 'that we might have a little help in point of Excise and Customs,' he saw the state of the country, and

in some measure I did stir, but by strong importunities, the ministers of London deeper than I; I am very sorry to hear of my carriage towards the King; it is my great trouble; I beg pardon for my own folly and weakness; I thought God had a great controversy with the nation, and the Lord was displeased on all hands; that which some people took to, I did take unto; I went into the army; I saw at the beginning of it that corruptions grew among them.... I had neither malice nor mischief in my heart against the King; upon this I did engage so far, being invited; I went into the wars, and there I found very strange and several kinds of providences, as this day hath been seen; I do not deny but that I was active, but not to stir in a way that was not honourable. I had so much respect for his majesty, particularly at Windsor, that I propounded to his majesty my thoughts, three ways to preserve himself from danger, which were good as he was pleased to think though they did not succeed, and the work died; as for malice I had none in me; I have not persecuted with malice, I will only take off malice.

TheLord Chief-Baronreminded him that the business was a matter of fact, and shortly recapitulated the evidence against him. Consulting about the King's death; proposing or determining that he should die; making seditiousspeeches, in the pulpit or out of it, would all be overt acts proving treasonable intention. His conversations with Dr. Young at Milford, his meetings with Cromwell and others at the Star, his participation in the councils held at Starkey's house at Windsor, all proved the consulting and proposing. His presence at the meeting in the Painted Chamber; his riding in front of the King when he was brought to London (which Peters interrupted to explain that he did by the King's command that he might procure the Bishop of London to come to him); the part he took in ordering the reading the proclamation about the High Court, which Peters denied; his telling the soldiers to cry out Justice, Justice; his presence at the scaffold before the execution [Peters—'I do not profess to your lordship, before angels and men, that I did not stir out of my chamber that day.'Lord Chief-Baron—'Counsel doth not put reliance upon that because of what your witness saith, though his evidence is not satisfactory']; his prayers and his sermons all go to complete the case. When Peters objects that some of the witnesses to the sermons are but single witnesses, the judge expressly lays it down that the two witnesses required need not both speak to the same overt act.

The Solicitor then notices the main facts of the case in a still more abbreviated form, concluding:

The honour of the pulpit is to be vindicated; and the death of this man will preach much better than his life did; it may be a means to convert many a miserable person, whom the preaching of this person hath seduced; for many come here and say they did it 'in the fear of the Lord'; and now you see who taught them; and I hope you will make an example of this carnal prophet.

The jury after a little consultation found the prisoner Guilty; and he was forthwith sentenced to death in the usual terms.

WILLIAM HULET

William Hulet was arraigned on the 15th of October, and tried on the same day. He challenged no jurors, and refused pen and ink because he could not write; but as he had not well understood the indictment he desired it to be read over again, which was done.

Sir Edward Turner opened the case, alleging that Hulet was on the scaffold, in disguise, on the occasion of the execution, and suggesting that it was he who actually beheaded the King; a fact which he proposed to prove chiefly by Hulet's own admissions.

Gittenswas the first witness. He stated that he and Hulet were both serjeants in the same regiment at the time of the execution. A day or two before the King came to the scaffold about thirty-eight of them were sworn to secrecy byColonel Hewson, and they were all asked whether they would behead the King for a hundred pounds, and a promise of preferment in the army. They all refused. At the time of the execution it seems that part of the regiment was on guard in Scotland Yard, and part in the Banqueting Chamber and on the scaffold. The witness was with the former part, but managed to get near the scaffold before the execution actually happened. 'Hulet (as far as I can guess), when the King came on the scaffold for his execution, and said, Executioner, is the block fast? fell on his knees.'

Counsel—Who did?Gittens—Hulet, to ask him forgiveness; by his speech I thought it was he. Captain Atkins said, who would not undertake to do this fact? I told him I would not do it for all the city of London; no, nor I neither for all the world, saith Atkins; you shall see Hulet quickly come to preferment; and presently after he was made captain-lieutenant.Counsel—Was he with his regiment that day?Gittens—We could not see him with the regiment all that day; he was never absent at any time before.Counsel—Did you know his voice?Gittens—Yes, sir. He had a pair of freeze trunk breeches, and a vizor, with a grey beard; and after that time col. Hewson called him 'father grey beard' and most of the army besides, he cannot deny it.

Counsel—Who did?

Gittens—Hulet, to ask him forgiveness; by his speech I thought it was he. Captain Atkins said, who would not undertake to do this fact? I told him I would not do it for all the city of London; no, nor I neither for all the world, saith Atkins; you shall see Hulet quickly come to preferment; and presently after he was made captain-lieutenant.

Counsel—Was he with his regiment that day?

Gittens—We could not see him with the regiment all that day; he was never absent at any time before.

Counsel—Did you know his voice?

Gittens—Yes, sir. He had a pair of freeze trunk breeches, and a vizor, with a grey beard; and after that time col. Hewson called him 'father grey beard' and most of the army besides, he cannot deny it.

In cross-examination Gittens repeated that he knew Hulet by his voice, and that he wasby Captain Webb at the door of the Banqueting House.

Stammerswas afterwards in Hewson's troop when Hulet was captain-lieutenant, and marched at his orders to Luttrels-town; there Hulet questioned him as to his previous service, and asked whether he had ever served in the King's army: 'with that he walks about the room two or three turns; saith he, I was the man that beheaded King Charles, and for doing it I had an hundred pounds, saying I was a serjeant at that time.'

Cross-examined, he said that he had been in the troop about a fortnight; and that when he first saw Hulet he pretended that he was brother to one Chambers. Hulet said that his evidence did not agree with that which he had given in his examination at Dublin, and desired that the latter might be read; which was done, and it agreed with the testimony he had just given.

Toogoodwas in Dublin in 1650, about September; he had some business with Hewson, where he saw Hulet, and observed that he was very familiar.

I asked Hewson what he was, he told me he was his captain-lieutenant of horse; I desired to know where he had him? he told me he made him so from a serjeant, and a very mettled fellow he was; it was he that did the King's business for him upon the scaffold. In 1653 there was a disbanding of the army in Ireland;this gentleman was then continued captain-lieutenant in Pretty's regiment; I discoursed with Pretty concerning him, and one part of it, I remember, was about the King's death; and he did tell me that he was assured by col. Hewson that Hulet either cut off the King's head, or held it up, and said, 'Behold the head of a traitor.' Col. Pretty could not tell me which of the two it was; but I saw the person that did it, and methought he did resemble this person.

Twelve months afterwards he came to live near the prisoner in Ireland, and meeting him at the White Horse in Carlow, asked whether he was the man that cut off the King's head or not.

Saith he, Why do you ask me this question? I told him I had heard so by several, namely by Hewson and Pretty; upon that he said, 'Well, what I did, I will not be ashamed of; if it were to do again I would do it.' Once since that time, about half a year afterwards, I was in the same place, and there talking about the King's death, he was telling me it was true, he was one of the two persons that were disguised upon the scaffold. I desired to know what if the King had refused to submit to the block? saith he, there were staples placed about the scaffold, and I had that about me that would have compelled him, or words to that effect; other times I have heard him speak something to this ... I have observed in Ireland, that it hath been generally reported that he was either the man that cut off the King's head or he that held it up, as I said before, and I have heard them sometimes call him Grandsire Greybeard.

Walter Davishad two years before been drinking with Hulet in Dublin, and

said I to Hulet, I pray resolve me this one question; it is reported that you took up the King's head, and said, Behold the head of a traitor; Sir, said he, it is a question I never yet resolved any man, though often demanded; yet, saith he, whosoever said it, it matters not, I say it now; it was the head of a traitor.

Lieut.-Colonel Nelsonhad asked Colonel Axtell (who had just been tried and condemned) who were the two disguised persons on the scaffold.

He told me I knew the persons as well as himself; saith he, they have been on service with you many a time; pray, sir, said I, let me know their names? Truly, said he, we would not employ persons of low spirits that we did not know, and therefore we pitched upon two stout fellows. Who were those? said I. It was Walker and Hulet, they were both serjeants in Kent when you were there, and stout men. Who gave the blow? said I. Saith he, poor Walker, and Hulet took up the head; Pray, said I, what reward had they? I am not certain whether they had thirty pounds apiece or thirty pounds between them.

Col. ThompsonandBenjamin Francisboth saw the execution, and said that it was a man disguised in a light wig that cut off the King's head.

Hulet said he could bring thirty or forty witnesses to prove that some one else did the act, and others to prove that he was not thereon that day; he also produced a paper of examinations taken before the Lord Mayor, being of Mary Brandon and others. He was reminded that he had been examined in the Tower, and admitted that he was then charged with cutting off the King's head. 'Then,' said the Chief-Baron, 'you had time to provide your witnesses,' to which Hulet replied that he had been a close prisoner since then. He further said that he had been a prisoner, together with six or eight others, on the day of the execution; they were imprisoned because they refused to be on the scaffold. Hulet wished to call Hacker, Huncks, and Phayre, but the Court pointed out that Hacker had already been tried for his life (and condemned), and that Phayre was a prisoner in the Tower. Huncks had been called as a witness against Axtell. Hulet then called aSheriff's Officer, who said that he had been told by one of his fellow-officers

that he was in Rosemary Lane a little while after the execution of the King, drinking with the hangman [i.e.George Brandon], that he did urge him whether he did this fact; God forgive me, saith he, the hangman, I did it, and I had forty half-crowns for my pains.Abraham Smith—My Lord, as soon as that fatal blow was given I was walking about Whitehall, down came a file of musketeers; the first word they said was, Where be the bargemen? Answer was made, Here are none; away they directed the hangman inmy boat; going into the boat he gave one of the soldiers a half-crown. Said the soldiers—Waterman, away with him, be gone quickly; but I fearing this hangman had cut off the King's head, I trembled that he should come into my boat, but dared not examine him on shore for fear of the soldiers; so I launched out, and having got a little way in the water, said I, who the devil have I got in my boat? Says my fellow, says he, why? I directed my speech to him, saying, Are you the hangman that cut off the King's head? No, as I am a sinner to God, saith he, not I; he shook every joint of him; I knew not what to do; I rowed away a little further, and fell to a new examination of him, when I had got him a little further, Tell me true, said I, are you the hangman that cut off the King's head? I cannot carry you, said I; No, said he, I was fetched by a troop of horse, and I was kept a close prisoner at Whitehall, and truly I did not do it; I was kept a close prisoner all the while; but they had my instruments. I said I would sink the boat if he would not tell me true; but he denied it with several protestations.William Cox—When my lord Capel, duke of Hamilton, and the Earl of Holland were beheaded in Palace Yard in Westminster,[40]my lord Capel asked the common hangman, saith he, Did you cut off my master's head? Yes, saith he. Where is the instrument that did it? He then brought the ax. This is the same ax. Are you sure? saith my lord. Yes, my lord, saith the hangman, I am very sure it is the same. My lord Capel took the ax, and kissed it, and gave him five pieces of gold. I heard him say, Sirrah,wert thou not afraid? Saith the hangman, they made me cut it off, and I had thirty pounds for my pains.

Abraham Smith—My Lord, as soon as that fatal blow was given I was walking about Whitehall, down came a file of musketeers; the first word they said was, Where be the bargemen? Answer was made, Here are none; away they directed the hangman inmy boat; going into the boat he gave one of the soldiers a half-crown. Said the soldiers—Waterman, away with him, be gone quickly; but I fearing this hangman had cut off the King's head, I trembled that he should come into my boat, but dared not examine him on shore for fear of the soldiers; so I launched out, and having got a little way in the water, said I, who the devil have I got in my boat? Says my fellow, says he, why? I directed my speech to him, saying, Are you the hangman that cut off the King's head? No, as I am a sinner to God, saith he, not I; he shook every joint of him; I knew not what to do; I rowed away a little further, and fell to a new examination of him, when I had got him a little further, Tell me true, said I, are you the hangman that cut off the King's head? I cannot carry you, said I; No, said he, I was fetched by a troop of horse, and I was kept a close prisoner at Whitehall, and truly I did not do it; I was kept a close prisoner all the while; but they had my instruments. I said I would sink the boat if he would not tell me true; but he denied it with several protestations.

William Cox—When my lord Capel, duke of Hamilton, and the Earl of Holland were beheaded in Palace Yard in Westminster,[40]my lord Capel asked the common hangman, saith he, Did you cut off my master's head? Yes, saith he. Where is the instrument that did it? He then brought the ax. This is the same ax. Are you sure? saith my lord. Yes, my lord, saith the hangman, I am very sure it is the same. My lord Capel took the ax, and kissed it, and gave him five pieces of gold. I heard him say, Sirrah,wert thou not afraid? Saith the hangman, they made me cut it off, and I had thirty pounds for my pains.

Richard Abellheard one Gregory confess that he cut off the King's head. The Lord Chief-Baron then asked Hulet whether he wished for any further time to examine into the truth of the matter; but on his saying that he needed a fortnight for the purpose the trial was proceeded with at once.

A Stranger—My Lord, I was with my master in the company of Brandon the hangman, and my master asked Brandon whether he cut off the King's head or no? He confessed in my presence that he did cut off the King's head.

The Lord Chief-Baron then summed up the case, briefly repeating the substance of the evidence. He pointed out that the evidence went two ways, meaning apparently that Hulet either cut off the King's head, or held it up after it was cut off, and whichever he did, the jury ought to find him Guilty. He concluded by telling them that they were not to consider what was said of the prisoner by another unless it was corroborated by what the prisoner said.

After a more than ordinary time of consideration the jury returned to their places, and found the prisoner Guilty.

Hulet was brought up for sentence on the16th of October, and sentenced to death in the usual way, with other prisoners. At the same time he was informed that his execution would be delayed in order that the King's pleasure might be known. He was eventually reprieved.[41]

FOOTNOTES:[26]Sir Orlando Bridgman (1606-1674) was the eldest son of the Bishop of Chester. He entered Queens College, Cambridge, in 1619; became a fellow of Magdalene in 1624, and was called to the bar in 1632. He became Chief-Justice of Chester in 1638, and Solicitor-General to the Prince of Wales in 1640. He sat in the Long Parliament as a Royalist, and in the Oxford Parliament in 1644. He was one of the King's Commissioners at the Uxbridge negotiations in 1644-45. He ceased appearing in court under the Commonwealth, but enjoyed a considerable practice as a conveyancer, at that period a very profitable branch of the profession. At the Restoration he was made a Serjeant, Chief-Baron of the Exchequer, and a Baronet. After this trial he became Chief-Justice of the Common Pleas. On the disgrace of Clarendon he became Lord Keeper in 1667, a position in which he did not add to his fame as a lawyer. According to North, he was both ignorant and weak; 'and what was worst of all, his family were very ill qualified for that place; his lady being a most violent intriguess in business, and his sons kept no good decorum whilst they practised under him.' He avoided the political intrigues of the time; he was kept in ignorance of the Treaty of Dover, and refused to let the Declaration of Indulgence pass the Great Seal in its original state in 1672. Finally, when Charles declared the Exchequer closed for twelve months he refused to grant an injunction to protect the bankers who were likely to be ruined. He was accordingly removed from office in November 1672, and was succeeded by Lord Shaftesbury.[27]Sir Robert Foster (1589-1663), the youngest son of a judge of the Common Pleas, was called to the bar in 1610. He supported Charlesi.'s most tyrannical proceedings, and became a Justice of the Common Pleas in 1640. He followed Charles to Oxford, and attempted to hold his court there. He was removed from his office by the Parliament, and practised as a conveyancer during the Commonwealth. He was at once restored to his office at the Restoration. After this trial, he was, in the dearth of good lawyers who were also Royalists, made Lord Chief-Justice. He presided at the trial of Sir Harry Vane the younger, who was convicted of treason in compassing the death of Charlesii., his real offence being the part he took against Strafford; and was instrumental in inducing the King to sign his death-warrant in breach of the Act of Indemnity. In other trials of political opponents he acquired the reputation of a partisan judge.[28]Sir Robert Hide (1595-1665) was cousin to Lord Clarendon. He was called to the bar in 1617, and became Recorder of Salisbury in 1638. He sat as a Royalist in the Long Parliament, and joined the King at Oxford. He was committed to the Tower in 1645 and 1646, and deprived of his recordership. He was made a Justice of the Common Pleas in 1660, and Lord Chief-Justice on Foster's death, through his cousin's influence. He was celebrated for his trials of seditious printers, and died in court as he was about to begin the trial of one of them.[29]Sir Thomas Mallet (1582-1665) came of a legal family, and was called to the bar in 1606. He sat in Charlesi.'s first two parliaments, and was made a Justice of the King's Bench in 1641. He came into opposition to Parliament by opposing their measures in relation to the Book of Common Prayer and the Militia, and was twice imprisoned by them and fined. He was replaced on the Bench at the Restoration, at the age of seventy-eight, but retired in 1663.[30]Sir Geoffrey Palmer (1598-1670) was called to the bar in 1623, sat in the Long Parliament, was one of the managers of Strafford's impeachment, but rallied to the King's side on the passing of the Act perpetuating Parliament in 1641. He voted against Hampden's motion for printing the remonstrance in November 1641, and was committed to the Tower. He withdrew from the House after the passing of the Militia Ordinance, and sat in the Parliament at Oxford. He was one of the King's representatives at the Uxbridge negotiations, 1644-45, and was committed to the Tower in 1655. He became Attorney-General at the Restoration, and so remained till his death.[31]See vol. ii. p. 5.[32]Sir John Kelyng was the son of a barrister, and was called to the bar in 1631-32. He practised for a short time in the oppressive Forest Courts, attempted to present some persons at the Hertford Quarter Sessions in 1642, for what he held to be unlawful drilling under the Militia Ordinance, and was in consequence committed to Windsor Castle till 1660. He was released at the Restoration, and was called upon to supply the place of the King's Serjeant, Glanville, at this trial. He was afterwards knighted, and entered Parliament, where he was employed in drafting the Act of Uniformity. As to his connection with the trial of the Bury St. Edmunds witches, seepost, pp. 226, 229. He took a prominent part in Vane's trial, and was made a puisne judge in 1663. He was appointed to succeed Hyde as Lord Chief-Justice in 1667, after the post had been vacant seven months. He was said to owe his place to corrupt dealings with Clarendon, or to the favour of Lady Castlemaine, but this is doubted by Campbell, who otherwise takes a most unfavourable view of his career. His subsequent conduct on the bench was such that, though he never presided at any trials of great importance, a petition against him was considered in the House of Commons, and a Committee reported most unfavourably on his behaviour. He made his peace with the House, but sank into insignificance, and died in 1671, still in office.[33]See vol. ii. pp. 35, 37.[34]It does not appear whether any difference was made in Hulet's case.[35]The Regicides actually tried were Sir Hardress Waller, Colonel Thomas Harrison, William Hevingham, Isaac Pennington, Henry Martin, Gilbert Millington, Robert Tichburne, Owen Roe, Robert Lilburne, Adrian Scroop, John Carew, John Jones, Thomas Scot, Gregory Clement, John Cook, George Fleetwood, Simon Meyn, James Temple, Peter Temple, Thomas Wait, Hugh Peters, Francis Hacker, Daniel Axtell, William Hulet, Henry Smith, Edmund Harvey, John Downes, Vincent Potter, and Augustin Garland. They were all convicted. Of these there were executed—Thomas Harrison, John Carew, John Cook, Thomas Scot, Hugh Peters, Gregory Clement, John Jones, Daniel Axtell, Francis Hacker, Adrian Scroop.[36]Thomas Harrison (1606-1660) was born in Staffordshire of lowly origin. He is said to have enlisted in Essex's Life Guard, which was the corps used for the purpose of training officers for the Parliamentary Army, in 1642. In 1644 he was serving in Fleetwood's regiment in Manchester's army. He was present at the battles of Marston Moor and Naseby, and at the captures of Winchester, Basing House, and Oxford. He entered Parliament in 1646, and represented the Army in their quarrels with Parliament. He served with distinction in the second civil war, and was zealous in bringing the King to trial and condemning him to death. He conducted the pursuit of the Royalists after the battle of Worcester, and, continuing to represent the extreme military party, was a party to Pride's Purge. He was a prominent member of the Barebones Parliament, but after its extinction ceased to exercise any political influence. He refused to recognise the government in 1653, and was deprived of his commission. He was afterwards imprisoned on various occasions on suspicion of a connection with Anabaptist and other plots; but at the Restoration refused to pledge himself not to disturb the government or to save himself by flight. The Fifth-Monarchy men professed to look forward to his resurrection to judge his judges and to restore the Kingdom of Saints.[37]Sir James Livingstone was descended from the Livingstones of Callendar. He became a Gentleman of the Bedchamber to Charles, and was made Viscount of Newburgh in 1647. The King was to have escaped from his house at Bagshot on the occasion referred to above, on one of his horses, reputed to be the fastest in England, but owing to the horse falling lame, and the strictness of the watch kept on the King, the scheme failed. After the King's execution he fled to the Hague, but returned to Scotland in 1650. He accompanied Charlesii.to England in 1651, and after the battle of Worcester fled to France. At the Restoration he was made Captain of the Guard and an earl. In 1666 he, with others, received a licence to dig coal in Windsor Forest. He died in 1670.[38]The Court included Albemarle, Manchester, and Denzil Hollis.[39]Hugh Peters (1598-1660) graduated at Trinity College, Cambridge, in 1617-18. He was ordained in London, and at once made his mark as a preacher, but being suspected of heresy, went to Holland about 1629. There he inclined to Independency, and through the pressure put on the Dutch by the English government, found it advisable to sail for Boston, where he arrived in October 1635. There he took a prominent part in local affairs, upholding clerical influence against Vane. In 1641 Peters came to England to ask for assistance for the colony, and became Chaplain to the Forces in Ireland. Returning to England, he became famous as a military preacher, preaching exhortatory sermons before assaults on fortified places, and attracting adherents to the Parliamentary forces. He also acted as the confidential agent of Fairfax and Cromwell in dealing with their troops, and chronicled their victories. He was regarded with great aversion by the Presbyterians, and by the numerous persons of other sects to whom buffoonery in the pulpit was distasteful. He upheld the Army against the Parliament, and was credited with a share in drawing up the Army Remonstrance in 1648. He was in Ireland in 1649, and was present at the taking of Wexford. He afterwards continued to occupy an influential position in politics, and indulged in many unpolitical schemes, particularly the reformation of the law, of which he knew but little, and the improvement of religious teaching, both at home and in America. He maintained his influential position till the Restoration.[40]In 1648-49, after the taking of Colchester in 1648.[41]It seems now to be considered fairly certain that Richard Brandon was the man who actually cut off the King's head. He died the next June, after having executed Lord Capel and his companions in the rising which terminated in the siege of Colchester. It is the more curious that Hulet should have been tried for the offence, because Brandon certainly incurred the odium attaching to the act at the time of his death; and it seems that the fact was mentioned on an inscription on his grave. As far, however, as the evidence given at the trial is concerned, it seems possible that Hulet was the second masked figure on the scaffold. All that is known on the subject is set out in theDictionary of National Biography, under the title 'Brandon.' See too a note by Mr. . G. Stephens inNotes and Queries, 5th series, vol. v. p. 177.

[26]Sir Orlando Bridgman (1606-1674) was the eldest son of the Bishop of Chester. He entered Queens College, Cambridge, in 1619; became a fellow of Magdalene in 1624, and was called to the bar in 1632. He became Chief-Justice of Chester in 1638, and Solicitor-General to the Prince of Wales in 1640. He sat in the Long Parliament as a Royalist, and in the Oxford Parliament in 1644. He was one of the King's Commissioners at the Uxbridge negotiations in 1644-45. He ceased appearing in court under the Commonwealth, but enjoyed a considerable practice as a conveyancer, at that period a very profitable branch of the profession. At the Restoration he was made a Serjeant, Chief-Baron of the Exchequer, and a Baronet. After this trial he became Chief-Justice of the Common Pleas. On the disgrace of Clarendon he became Lord Keeper in 1667, a position in which he did not add to his fame as a lawyer. According to North, he was both ignorant and weak; 'and what was worst of all, his family were very ill qualified for that place; his lady being a most violent intriguess in business, and his sons kept no good decorum whilst they practised under him.' He avoided the political intrigues of the time; he was kept in ignorance of the Treaty of Dover, and refused to let the Declaration of Indulgence pass the Great Seal in its original state in 1672. Finally, when Charles declared the Exchequer closed for twelve months he refused to grant an injunction to protect the bankers who were likely to be ruined. He was accordingly removed from office in November 1672, and was succeeded by Lord Shaftesbury.

[27]Sir Robert Foster (1589-1663), the youngest son of a judge of the Common Pleas, was called to the bar in 1610. He supported Charlesi.'s most tyrannical proceedings, and became a Justice of the Common Pleas in 1640. He followed Charles to Oxford, and attempted to hold his court there. He was removed from his office by the Parliament, and practised as a conveyancer during the Commonwealth. He was at once restored to his office at the Restoration. After this trial, he was, in the dearth of good lawyers who were also Royalists, made Lord Chief-Justice. He presided at the trial of Sir Harry Vane the younger, who was convicted of treason in compassing the death of Charlesii., his real offence being the part he took against Strafford; and was instrumental in inducing the King to sign his death-warrant in breach of the Act of Indemnity. In other trials of political opponents he acquired the reputation of a partisan judge.

[28]Sir Robert Hide (1595-1665) was cousin to Lord Clarendon. He was called to the bar in 1617, and became Recorder of Salisbury in 1638. He sat as a Royalist in the Long Parliament, and joined the King at Oxford. He was committed to the Tower in 1645 and 1646, and deprived of his recordership. He was made a Justice of the Common Pleas in 1660, and Lord Chief-Justice on Foster's death, through his cousin's influence. He was celebrated for his trials of seditious printers, and died in court as he was about to begin the trial of one of them.

[29]Sir Thomas Mallet (1582-1665) came of a legal family, and was called to the bar in 1606. He sat in Charlesi.'s first two parliaments, and was made a Justice of the King's Bench in 1641. He came into opposition to Parliament by opposing their measures in relation to the Book of Common Prayer and the Militia, and was twice imprisoned by them and fined. He was replaced on the Bench at the Restoration, at the age of seventy-eight, but retired in 1663.

[30]Sir Geoffrey Palmer (1598-1670) was called to the bar in 1623, sat in the Long Parliament, was one of the managers of Strafford's impeachment, but rallied to the King's side on the passing of the Act perpetuating Parliament in 1641. He voted against Hampden's motion for printing the remonstrance in November 1641, and was committed to the Tower. He withdrew from the House after the passing of the Militia Ordinance, and sat in the Parliament at Oxford. He was one of the King's representatives at the Uxbridge negotiations, 1644-45, and was committed to the Tower in 1655. He became Attorney-General at the Restoration, and so remained till his death.

[31]See vol. ii. p. 5.

[32]Sir John Kelyng was the son of a barrister, and was called to the bar in 1631-32. He practised for a short time in the oppressive Forest Courts, attempted to present some persons at the Hertford Quarter Sessions in 1642, for what he held to be unlawful drilling under the Militia Ordinance, and was in consequence committed to Windsor Castle till 1660. He was released at the Restoration, and was called upon to supply the place of the King's Serjeant, Glanville, at this trial. He was afterwards knighted, and entered Parliament, where he was employed in drafting the Act of Uniformity. As to his connection with the trial of the Bury St. Edmunds witches, seepost, pp. 226, 229. He took a prominent part in Vane's trial, and was made a puisne judge in 1663. He was appointed to succeed Hyde as Lord Chief-Justice in 1667, after the post had been vacant seven months. He was said to owe his place to corrupt dealings with Clarendon, or to the favour of Lady Castlemaine, but this is doubted by Campbell, who otherwise takes a most unfavourable view of his career. His subsequent conduct on the bench was such that, though he never presided at any trials of great importance, a petition against him was considered in the House of Commons, and a Committee reported most unfavourably on his behaviour. He made his peace with the House, but sank into insignificance, and died in 1671, still in office.

[33]See vol. ii. pp. 35, 37.

[34]It does not appear whether any difference was made in Hulet's case.

[35]The Regicides actually tried were Sir Hardress Waller, Colonel Thomas Harrison, William Hevingham, Isaac Pennington, Henry Martin, Gilbert Millington, Robert Tichburne, Owen Roe, Robert Lilburne, Adrian Scroop, John Carew, John Jones, Thomas Scot, Gregory Clement, John Cook, George Fleetwood, Simon Meyn, James Temple, Peter Temple, Thomas Wait, Hugh Peters, Francis Hacker, Daniel Axtell, William Hulet, Henry Smith, Edmund Harvey, John Downes, Vincent Potter, and Augustin Garland. They were all convicted. Of these there were executed—Thomas Harrison, John Carew, John Cook, Thomas Scot, Hugh Peters, Gregory Clement, John Jones, Daniel Axtell, Francis Hacker, Adrian Scroop.

[36]Thomas Harrison (1606-1660) was born in Staffordshire of lowly origin. He is said to have enlisted in Essex's Life Guard, which was the corps used for the purpose of training officers for the Parliamentary Army, in 1642. In 1644 he was serving in Fleetwood's regiment in Manchester's army. He was present at the battles of Marston Moor and Naseby, and at the captures of Winchester, Basing House, and Oxford. He entered Parliament in 1646, and represented the Army in their quarrels with Parliament. He served with distinction in the second civil war, and was zealous in bringing the King to trial and condemning him to death. He conducted the pursuit of the Royalists after the battle of Worcester, and, continuing to represent the extreme military party, was a party to Pride's Purge. He was a prominent member of the Barebones Parliament, but after its extinction ceased to exercise any political influence. He refused to recognise the government in 1653, and was deprived of his commission. He was afterwards imprisoned on various occasions on suspicion of a connection with Anabaptist and other plots; but at the Restoration refused to pledge himself not to disturb the government or to save himself by flight. The Fifth-Monarchy men professed to look forward to his resurrection to judge his judges and to restore the Kingdom of Saints.

[37]Sir James Livingstone was descended from the Livingstones of Callendar. He became a Gentleman of the Bedchamber to Charles, and was made Viscount of Newburgh in 1647. The King was to have escaped from his house at Bagshot on the occasion referred to above, on one of his horses, reputed to be the fastest in England, but owing to the horse falling lame, and the strictness of the watch kept on the King, the scheme failed. After the King's execution he fled to the Hague, but returned to Scotland in 1650. He accompanied Charlesii.to England in 1651, and after the battle of Worcester fled to France. At the Restoration he was made Captain of the Guard and an earl. In 1666 he, with others, received a licence to dig coal in Windsor Forest. He died in 1670.

[38]The Court included Albemarle, Manchester, and Denzil Hollis.

[39]Hugh Peters (1598-1660) graduated at Trinity College, Cambridge, in 1617-18. He was ordained in London, and at once made his mark as a preacher, but being suspected of heresy, went to Holland about 1629. There he inclined to Independency, and through the pressure put on the Dutch by the English government, found it advisable to sail for Boston, where he arrived in October 1635. There he took a prominent part in local affairs, upholding clerical influence against Vane. In 1641 Peters came to England to ask for assistance for the colony, and became Chaplain to the Forces in Ireland. Returning to England, he became famous as a military preacher, preaching exhortatory sermons before assaults on fortified places, and attracting adherents to the Parliamentary forces. He also acted as the confidential agent of Fairfax and Cromwell in dealing with their troops, and chronicled their victories. He was regarded with great aversion by the Presbyterians, and by the numerous persons of other sects to whom buffoonery in the pulpit was distasteful. He upheld the Army against the Parliament, and was credited with a share in drawing up the Army Remonstrance in 1648. He was in Ireland in 1649, and was present at the taking of Wexford. He afterwards continued to occupy an influential position in politics, and indulged in many unpolitical schemes, particularly the reformation of the law, of which he knew but little, and the improvement of religious teaching, both at home and in America. He maintained his influential position till the Restoration.

[40]In 1648-49, after the taking of Colchester in 1648.

[41]It seems now to be considered fairly certain that Richard Brandon was the man who actually cut off the King's head. He died the next June, after having executed Lord Capel and his companions in the rising which terminated in the siege of Colchester. It is the more curious that Hulet should have been tried for the offence, because Brandon certainly incurred the odium attaching to the act at the time of his death; and it seems that the fact was mentioned on an inscription on his grave. As far, however, as the evidence given at the trial is concerned, it seems possible that Hulet was the second masked figure on the scaffold. All that is known on the subject is set out in theDictionary of National Biography, under the title 'Brandon.' See too a note by Mr. . G. Stephens inNotes and Queries, 5th series, vol. v. p. 177.

The trial of Col. James Turner, John Turner, William Turner, Mary Turner, and Ely Turner, at the Old Bailey, for Burglary, 1664.

The foregoing persons were all indicted together, the first three for committing burglary on the 7th of January 1664 at the house of Francis Tryon, and stealing a quantity of jewellery, some gold, and £1023 in cash; Mary, who was the wife of James, and Ely for receiving and comforting John the next day.

They were tried before Lord Chief-Justice Hyde[42]of the King's Bench, and Lord Chief-Justice Bridgman[43]of the Common Pleas.

All the prisoners pleaded Not Guilty.

Turnerthen complained that Sir Richard Ford, the sheriff, was in possession of his house and goods. Bridgman, Chief-Justice, explained that, though once it had been the sheriff's duty to take process against the goods of an indicted man, this was done no longer since the statute of Philip and Mary;[44]but as their responsibilitycontinued unaltered, they ought to have good security. Eventually it was settled that the sheriff should let Turner have what he wanted for the night, and bring what papers he wanted into Court the next day.

The next day a jury was sworn, and Sir Thomas Aleyn was called.

Lord Chief-Justice Hyde—Pray, Sir Thomas Aleyn, tell your knowledge to the jury.Sir T. Aleyn—May it please your lordships, and you gentlemen of the jury; Upon Friday morning last was sevennight, I heard of this robbery at Guild-Hall, and the person robbed being my acquaintance, I went to visit him in the afternoon; and coming there, not thinking but the business had been already examined, several persons with Mr. Francis Tryon put me upon the business to examine it. I went and examined the two servants, the man and the maid: upon their examination I found they had supped abroad at a dancing-school, and had been at cards, and came home afterwards; but before they came home, they heard that an ancient gentleman, one Mr. Tryon, was robbed, and then they hastened home. I examined them further, whether they used to go abroad after their master was in bed? Theman confessed he had been abroad twenty or thirty times at col. Turner's house at supper, about a year since. The maid denied they had been there at all: but it is true the man's saying he supped there (although it was false) was the first occasion of suspicion of col. Turner.When I had examined these two, I went to the examination of Turner, Where he was all that day, where at night? he told me, at several places and taverns, and in bed at nine of the clock, and was called out of his bed: but having myself some suspicion of him, I wished him to withdraw. I told Mr. Tryon, that I believed if he was not the thief, he knew where the things were. The old gentleman said, He could not mistrust him, he had put a great confidence in him: but I desired him to give me leave to charge him with it; and thereupon I called him in, but he denied it; but not as a person of his spirit, which gave me some cause of further suspicion. I desired to search his house; nay told him I would, whether he would or no. He desired to go home; I told him, if he would go with them (some persons there) he should: but you shall not speak with your sons or daughters, or servants; they shall be examined by me. They searched his house, the marshal and constable, they said they could find nothing. The old gentleman was very unwilling to charge him with felony; some friends there were as well satisfied as I was, that he was guilty of it; and they brought me a paper that he would charge him: and thereupon I wished him to read that paper, told him I could do no less than send him to Newgate. Says he, you will not undo a family will you? Will you not take bail? No I cannot. What proof have you material againstme? I will give you as good bail as any man; give me leave to speak with Mr. Tryon. I did give him leave: he had no sooner spoke with him, but Mr. Tryon would not charge him, he promising to endeavour to find the thief. I took Mr. Turner on one side, and told him, I did as verily believe if he was not the thief, he could find him out, as I believed I should go home to my wife and children; and I said, That if an angel from Heaven should come, and tell me otherwise, I could hardly believe it. This passed on this night: I could not sleep all the night, still it was in my thoughts that this man was the man that had done the robbery.

Lord Chief-Justice Hyde—Pray, Sir Thomas Aleyn, tell your knowledge to the jury.

Sir T. Aleyn—May it please your lordships, and you gentlemen of the jury; Upon Friday morning last was sevennight, I heard of this robbery at Guild-Hall, and the person robbed being my acquaintance, I went to visit him in the afternoon; and coming there, not thinking but the business had been already examined, several persons with Mr. Francis Tryon put me upon the business to examine it. I went and examined the two servants, the man and the maid: upon their examination I found they had supped abroad at a dancing-school, and had been at cards, and came home afterwards; but before they came home, they heard that an ancient gentleman, one Mr. Tryon, was robbed, and then they hastened home. I examined them further, whether they used to go abroad after their master was in bed? Theman confessed he had been abroad twenty or thirty times at col. Turner's house at supper, about a year since. The maid denied they had been there at all: but it is true the man's saying he supped there (although it was false) was the first occasion of suspicion of col. Turner.

When I had examined these two, I went to the examination of Turner, Where he was all that day, where at night? he told me, at several places and taverns, and in bed at nine of the clock, and was called out of his bed: but having myself some suspicion of him, I wished him to withdraw. I told Mr. Tryon, that I believed if he was not the thief, he knew where the things were. The old gentleman said, He could not mistrust him, he had put a great confidence in him: but I desired him to give me leave to charge him with it; and thereupon I called him in, but he denied it; but not as a person of his spirit, which gave me some cause of further suspicion. I desired to search his house; nay told him I would, whether he would or no. He desired to go home; I told him, if he would go with them (some persons there) he should: but you shall not speak with your sons or daughters, or servants; they shall be examined by me. They searched his house, the marshal and constable, they said they could find nothing. The old gentleman was very unwilling to charge him with felony; some friends there were as well satisfied as I was, that he was guilty of it; and they brought me a paper that he would charge him: and thereupon I wished him to read that paper, told him I could do no less than send him to Newgate. Says he, you will not undo a family will you? Will you not take bail? No I cannot. What proof have you material againstme? I will give you as good bail as any man; give me leave to speak with Mr. Tryon. I did give him leave: he had no sooner spoke with him, but Mr. Tryon would not charge him, he promising to endeavour to find the thief. I took Mr. Turner on one side, and told him, I did as verily believe if he was not the thief, he could find him out, as I believed I should go home to my wife and children; and I said, That if an angel from Heaven should come, and tell me otherwise, I could hardly believe it. This passed on this night: I could not sleep all the night, still it was in my thoughts that this man was the man that had done the robbery.

The next morning Alderman Love told him that if he went presently to the Minories, he would meet with Love's maid, who would help him to discover the person who robbed Tryon; accordingly, taking Major Tasker, whom he met in Bishopsgate, with him, he went without Aldgate, where

I met with two maids that were the persons to shew me the place: the maid told me these were the maids. I bid them come behind me. At the further end of all the Minories I went into the shop, and found col. Turner with his hands in a chest: I charged him to take nothing out, and not to stir himself. There were two wallets, one of £100 and the other £200. I took the keys from him, laid them upon the compter: I went with him into the next room, which was the kitchen, and in another chest was two wallets more: and now the gentleman was speechless. I told him it was just as I told him the last night, thatyour roguery would come out; what (said I) is become of the rest of the money? Says he, Your haste will spoil all. I called in the maid, to examine her: but she was fearful, and so trembled there was no examining her before col. Turner. But in conclusion, said I, Col. Turner, if you will tell me whether this be Mr. Tryon's money, I will do you all the favour I can. Says he, I cannot say it is his money. I called for a constable, and made a Mittimus to send him to Newgate, thinking he would discover the truth. Said I, Will you give me your examination? He did: It is in court. I asked him whence this money came? He told me it was removed by himself, his wife and children this morning.Turner—My son and I, I told you.Sir T. Aleyn—I asked him where he had received it? He told me at a goldsmith's 14 days since: He did not remember his name. I asked why he should remove his own money? His answer was, He did remove it for two or three days, till this foolery was over. When I saw I could get nothing further from him, I discoursed with him touching the remainder of the money and the jewels. Says he, Sir Thomas, do not trouble yourself, you will lose the jewels and the rest of the money by this course; and, says he, I am now in pursuit of them. If you will give me leave to go to the old gentleman, I know all will be well. I was not content to let him go: But presently we called a hackney-coach, and myself and him, and major Tasker went, and carried that money to Mr. Tryon. When we came there, I told Mr. Tryon I thought we had brought £500 of his money; and I did not doubt but I had brought a person that could tell of the rest of the money and jewels. Col. Turner desired tospeak with Mr. Tryon himself in private. I gave him leave. He calls me a little after: Sir, says he, Mr. Tryon and I am agreed; I must have this money delivered to me again; I have assured him he shall have all his money and jewels again by 3 this afternoon. I told him I could not agree that he should have the money back again, pressed him that he would stay there, and send for the rest of the money and jewels. But he [i.e.Mr. Tryon] would (if I did not) trust him: Mr. Tryon would have the rest of his money and all his jewels again.Turner—I said, I would endeavour it.Sir T. Aleyn—If he had said he would have endeavoured it, I would not have parted with him; but he said he should have the money and jewels, etc.; I told him I would meet him at that time at Mr. Tryon's. Then I took Mr. Tryon, and said Whatever promise you have made in private, you must excuse my assenting to anything against the law: But do not tell him of it, lest you lose the jewels: I must commit him to Newgate, and I must bind you to prosecute him. He desired me if I would not come so early as 3, not till 4 or 5 of the clock, and all would be brought thither. I staid till about 4. In the interim, I heard some particulars, what these maids would testify; which testimony had I received before I had parted with him, I would not have parted with him for any consideration. But when I came thither in the afternoon, I heard col. Turner was arrested, and was then at the Hoop-tavern with the officers. I sent immediately the Marshal and his men to bring him to me. The officers and he came; and then col. Turner told me, I had brought all these things, but the officers prevented me; I was a veryunfortunate man: Give me leave but till to-morrow morning at 9, and you shall have all. Said I, I have now heard more; and you must produce the money and jewels if you expect any favour from me, or I know what to do. He pressed very hard for an hour, or almost two, that he might be trusted to go for them; if he did not go Mr. Tryon would lose the rest of his money and jewels. I told him I had rather they should be all lost, than I should forfeit my discretion and reputation. And thus he kept us till 7 or 8 at night. At last he would have gone with one person. I told him, no: If there were enough to secure you, I might give leave. Saith he, the party will not see more than one; for his life would be in danger. Whither would you go? I would go, saith he (to my best remembrance) to Tower-Hill or Whitechapel. I should have met him at 5; and now I must meet him about 9. I will call in the officers: They will tell you, your being upon a Judgment, they will not part with you without the Liberties: Nor will I give leave, because the Sheriffs will blame me. The officers said they could not go without the Liberties, for it would be an escape in law. Pray give me leave to go near those places, and I will send. Nay, then you may as well send from hence. He begged leave to go to the Hoop-tavern, and send for his wife; which I did grant. And there he did send for his wife. They brought me word he had sent his wife for the jewels and the rest of the monies. He sent to me not to think the time too long, for he had notice his wife was coming. I directed the Marshal, when his wife came, he would secure her. About 11 they brought his wife; who told me also she had delivered the jewels: they thought they were in twobags. Then he came to me, and desired to speak with Mr. Tryon in private, and told me Mr. Tryon's soul was pawned to him, and his to the thief, that no discovery should be made. But when I examined his wife what money went from her house that morning, she said she knew of none. Where had you the jewels? She knew of none: But she had a couple of bags that she was sent for: Near Whitechapel or the Tower a person should meet her, and ask what she did there, and she should say she walked up and down for something that should be given her by a person; which, if he did, she was to bring it to him that sent her. He did deliver the two bags, which she delivered to her husband; but what was in them she knew not. There was sir Thomas Chamberlane, Mr. Millington, myself and col. Turner, with Mr. Tryon. The two bags was laid upon a dresser. He told us they were now come; and having performed his part, he hoped Mr. Tryon would perform his. Have you performed your part? Have you brought the jewels and the remainder of the money? He told us the money was not brought: For the £600 I shall give Mr. Tryon my bond, to pay him at six months. We pressed to see the jewels: We run them all over. But I should have told you one thing: She brought a cat's-head-eye-ring upon her finger. This the gentleman was like to forget: He delivered it to me, to deliver that with the rest. When we had told out the jewels we crossed them out upon the printed paper as they were called. She said all that was in the paper, except one carcanet of diamonds and jewels, valued at £200 that is fallen behind the chest or aside. You have £2000 worth of jewels over what is in the paper; but the carcanet shall be forthcoming. He now pressed thatno prosecution might be, for two souls were pawned (as I said before) and desired an end of the business. I told him further and pressed him: Said I, I have staid a great while, and would stay longer, if he might have the £600 and the carcanet. But when I saw there was nothing more to be got from him, now (said I) what would you have this poor gentleman to do for you? What he hath promised you I know not; he is a stranger to the law: If there had been but you two had it, and it had not been published to the world, and the neighbours' public examination taken, somewhat might have been between ourselves. But would you have this gentleman bring himself into danger? He will lose all his goods again; for he will be indicted himself. What will he be the better for discovery, when he must lose his jewels and money, and be liable to a prosecution, as you will be, were he so ignorant? Do you think that I understand the law no better, being a justice of peace, to bring myself into danger? All the kindness I can do for you is (to be short), I must send you and your wife to Newgate. 'How say you, master Alderman?' Then I had better to have kept the jewels. Those were his words; to the best of my remembrance he said so. My lord, I asked him several questions: Why he should give a bond for £600, if he were not concerned in this business? But he knew not what to answer. Saith he, Will you not take bail? Said I, I can take no bail: I must send you to the common gaol, and then I am discharged. Pray send me to the Compter. No I cannot. Do you think I would make an escape? I cannot tell; but I would not bring myself into danger. He prayed me I would give him leave to go home. I must make my warrant: If the marshal andconstable will do anything, I shall not direct them. He desired his wife might go and fetch some linen.Lord Chief-Justice Bridgman—What day were the jewels delivered?Sir T. Aleyn—Saturday.Lord Chief-Justice Bridgman—Thursday was the robbery, Friday he was examined, Saturday the money was removed, and that night the jewels were brought and he committed.Sir T. Aleyn—If I have said any thing that he is not satisfied wherein I have not true spoken, let him ask me; I shall not do him the least wrong.Lord Chief-Justice Hyde—Do so, Mr. Turner.Turner—Do your honours understand of Sir Thomas the time the robbery was committed? I shall ask him some questions.Sir T. Aleyn—I have only one more word to say to you: That before he went to the Hoop-tavern, Nay, said I, col. Turner, be ingenuous whether this was not Mr. Tryon's money that he removed? And he confessed it was.Lord Chief-Justice Hyde—The money was removed from his own house.Sir T. Aleyn—Yes; but his wife, children, and maid denied it.Lord Chief-Justice Hyde—Mr. Turner, will you ask him any questions? What are they?Turner—I would ask all this back again: You are upon your oath, Mr. Alderman.Lord Chief-Justice Hyde—You need not tell him that he is sworn; the court and jury understand it so.Lord Chief-Justice Bridgman—Go on, Mr. Turner; ask your questions.Turner—My Lord, I demand of sir Thomas Aleyn whether I did not tell him at the first there was a wicked young man had belied my house and family, saying, that he supped there that night, when he had not supped at my house these 12 months.Sir T. Aleyn—I think I have done him that right already. He desired me to examine that young man, who said he had supped at col. Turner's; but I found he had not been, nor was not there.Turner—Upon Friday night, when the alderman pressed me concerning the thing, I told him I had some suspicion of some persons, who formerly should have robbed Mr. Tryon a year ago, and I employed Mosely the constable and Mr. Tryon's man to go to Ratcliff, and I went another way. Pray ask sir Thomas whether I did not promise to do all I could.Sir T. Aleyn—I pressed him hard; he said he would endeavour itTurner—Whether did not I tell him that that money was carried there on purpose to gain the other fellows that had the jewels? Said I, If this money be taken away, he that hath the jewels will not bring them, and the remainder of the money; but that this money must bring him to it, that they might share it.Sir T. Aleyn—There was not one word of this: his Examination was contrary. He told me £400 was received of a goldsmith, he knew not his name, and £200 was in his own house; and that he removed it for two or three days, till this foolery was over. He said it was his own money. I said, an honest man need not thus remove his own money. One thing I have omitted: when I was examining of him in the Minories, word was brought me his son was fled away at the back door. I bid them run after him; butthey said they saw him leap over a great ditch, he was not heard of till yesterday, though I sent out my warrants for him.Lord Chief-Justice Hyde—Yourself (as sir T. Aleyn swears) said you knew not of whom you had part of the money, but the other was your own, and yet afterwards that the money was Tryon's; why did you say so?Turner—I will tell you the reason; I would not have my business spoiled, and did feign those answers. My lord, I do demand of him whether Mr. Tryon and I had not made a bargain in the morning, whether or no if he might have his goods the person should be free, and that he agreed no blood should be spilt; that he had rather lose all his money and jewels, than to forfeit such an asseveration which the thief had bound me that I should swear to him, That by the blood of Jesus Christ that was shed for him and all sinners, his life should be free.Lord Chief-Justice Hyde—You are beside the business.Turner—My lord, I ask alderman Aleyn whether I did not tell him this?Sir T. Aleyn—I told your lordships two souls were pawned, as he said before.Lord Chief-Justice Hyde—Do not spend your time thus; the question's short, Whether you are guilty of robbing, or breaking the house of Mr. Tryon or no?Turner—I am as free as any man here.Lord Chief-Justice Hyde—They will not believe your own words.Mr. Tryon, pray (as you are able) give an account of this business.Tryon—My Lord, about 11 of the clock, or something past, upon Thursday night last was a sevennight, two men came into my chamber when I was fast asleep, one on the one side, and another on the other side of the bed: one had a lanthorn that opened on one side, and waked me: when I saw him I was much astonished (as I might well be); but as I knew them not, I said, My masters, who are you? I was newly out of my sleep; being an ancient man, I apprehended another man for the party I spoke to, but he was not the man; and I named him by his name, What do you do here at this time of night? What is your business? Said nothing to me; one took both my hands, the other with a little cord bound me very hard, insomuch here yet is the dents of it; and bound my feet; gagged me, and used me barbarously, most inhumanly; I must suffer it, because I could not tell how to avoid it. When they had done, then told me this withal, You shall not lose a hair of your head. I knew not their intentions, I feared what it was, for when they had done this, they left me; I had nobody could come to me in my house, my servants, I knew not upon what grounds, they were forth at supper when I was a-bed, which was of ill consequence. After I had been an hour in this manner I rolled myself out of my bed, and fell down; and saving your lordships' presence, a chamber-pot fell, broke, and I fell upon it, and very much hurt myself upon the pieces of the pot: and so with much ado, it pleased God, I know not how myself, I got to the chamber-window which lay to the street; I called out, Murder! and Thieves! My neighbours said, I called with so strong a voice they wondered to hear me. Quickly after, many of my neighbours came in, and one Mr. Peter Vanden-Anchor, aDutchman, that selleth Rhenish wine, he came in and unbound me; and so after I was unbound I went down to the warehouse as I was, without clothes about me, only my waistcoat and shirt, and saw that they had been there. I considered those that had done the thing, were very privy to my house; they knew where to fetch the key of my cash, in a drawing-box, taking the money there, which was about one thousand and odd pounds; some plate there was, they did not meddle with it.Lord Chief-Justice Hyde—How came they by the jewels?Tryon—I forgot something concerning some jewels; these jewels were in a drawer under my table in the compting-house, he was privy to that, because he did frequent my house very long and was very familiar.Lord Chief-Justice Hyde—Who was privy to all this?Tryon—James Turner.Lord Chief-Justice Hyde—Mr. Turner, would you ask Mr. Tryon any questions?Turner—By and by, when I come upon my proof.

Turner—My son and I, I told you.

Sir T. Aleyn—I asked him where he had received it? He told me at a goldsmith's 14 days since: He did not remember his name. I asked why he should remove his own money? His answer was, He did remove it for two or three days, till this foolery was over. When I saw I could get nothing further from him, I discoursed with him touching the remainder of the money and the jewels. Says he, Sir Thomas, do not trouble yourself, you will lose the jewels and the rest of the money by this course; and, says he, I am now in pursuit of them. If you will give me leave to go to the old gentleman, I know all will be well. I was not content to let him go: But presently we called a hackney-coach, and myself and him, and major Tasker went, and carried that money to Mr. Tryon. When we came there, I told Mr. Tryon I thought we had brought £500 of his money; and I did not doubt but I had brought a person that could tell of the rest of the money and jewels. Col. Turner desired tospeak with Mr. Tryon himself in private. I gave him leave. He calls me a little after: Sir, says he, Mr. Tryon and I am agreed; I must have this money delivered to me again; I have assured him he shall have all his money and jewels again by 3 this afternoon. I told him I could not agree that he should have the money back again, pressed him that he would stay there, and send for the rest of the money and jewels. But he [i.e.Mr. Tryon] would (if I did not) trust him: Mr. Tryon would have the rest of his money and all his jewels again.

Turner—I said, I would endeavour it.

Sir T. Aleyn—If he had said he would have endeavoured it, I would not have parted with him; but he said he should have the money and jewels, etc.; I told him I would meet him at that time at Mr. Tryon's. Then I took Mr. Tryon, and said Whatever promise you have made in private, you must excuse my assenting to anything against the law: But do not tell him of it, lest you lose the jewels: I must commit him to Newgate, and I must bind you to prosecute him. He desired me if I would not come so early as 3, not till 4 or 5 of the clock, and all would be brought thither. I staid till about 4. In the interim, I heard some particulars, what these maids would testify; which testimony had I received before I had parted with him, I would not have parted with him for any consideration. But when I came thither in the afternoon, I heard col. Turner was arrested, and was then at the Hoop-tavern with the officers. I sent immediately the Marshal and his men to bring him to me. The officers and he came; and then col. Turner told me, I had brought all these things, but the officers prevented me; I was a veryunfortunate man: Give me leave but till to-morrow morning at 9, and you shall have all. Said I, I have now heard more; and you must produce the money and jewels if you expect any favour from me, or I know what to do. He pressed very hard for an hour, or almost two, that he might be trusted to go for them; if he did not go Mr. Tryon would lose the rest of his money and jewels. I told him I had rather they should be all lost, than I should forfeit my discretion and reputation. And thus he kept us till 7 or 8 at night. At last he would have gone with one person. I told him, no: If there were enough to secure you, I might give leave. Saith he, the party will not see more than one; for his life would be in danger. Whither would you go? I would go, saith he (to my best remembrance) to Tower-Hill or Whitechapel. I should have met him at 5; and now I must meet him about 9. I will call in the officers: They will tell you, your being upon a Judgment, they will not part with you without the Liberties: Nor will I give leave, because the Sheriffs will blame me. The officers said they could not go without the Liberties, for it would be an escape in law. Pray give me leave to go near those places, and I will send. Nay, then you may as well send from hence. He begged leave to go to the Hoop-tavern, and send for his wife; which I did grant. And there he did send for his wife. They brought me word he had sent his wife for the jewels and the rest of the monies. He sent to me not to think the time too long, for he had notice his wife was coming. I directed the Marshal, when his wife came, he would secure her. About 11 they brought his wife; who told me also she had delivered the jewels: they thought they were in twobags. Then he came to me, and desired to speak with Mr. Tryon in private, and told me Mr. Tryon's soul was pawned to him, and his to the thief, that no discovery should be made. But when I examined his wife what money went from her house that morning, she said she knew of none. Where had you the jewels? She knew of none: But she had a couple of bags that she was sent for: Near Whitechapel or the Tower a person should meet her, and ask what she did there, and she should say she walked up and down for something that should be given her by a person; which, if he did, she was to bring it to him that sent her. He did deliver the two bags, which she delivered to her husband; but what was in them she knew not. There was sir Thomas Chamberlane, Mr. Millington, myself and col. Turner, with Mr. Tryon. The two bags was laid upon a dresser. He told us they were now come; and having performed his part, he hoped Mr. Tryon would perform his. Have you performed your part? Have you brought the jewels and the remainder of the money? He told us the money was not brought: For the £600 I shall give Mr. Tryon my bond, to pay him at six months. We pressed to see the jewels: We run them all over. But I should have told you one thing: She brought a cat's-head-eye-ring upon her finger. This the gentleman was like to forget: He delivered it to me, to deliver that with the rest. When we had told out the jewels we crossed them out upon the printed paper as they were called. She said all that was in the paper, except one carcanet of diamonds and jewels, valued at £200 that is fallen behind the chest or aside. You have £2000 worth of jewels over what is in the paper; but the carcanet shall be forthcoming. He now pressed thatno prosecution might be, for two souls were pawned (as I said before) and desired an end of the business. I told him further and pressed him: Said I, I have staid a great while, and would stay longer, if he might have the £600 and the carcanet. But when I saw there was nothing more to be got from him, now (said I) what would you have this poor gentleman to do for you? What he hath promised you I know not; he is a stranger to the law: If there had been but you two had it, and it had not been published to the world, and the neighbours' public examination taken, somewhat might have been between ourselves. But would you have this gentleman bring himself into danger? He will lose all his goods again; for he will be indicted himself. What will he be the better for discovery, when he must lose his jewels and money, and be liable to a prosecution, as you will be, were he so ignorant? Do you think that I understand the law no better, being a justice of peace, to bring myself into danger? All the kindness I can do for you is (to be short), I must send you and your wife to Newgate. 'How say you, master Alderman?' Then I had better to have kept the jewels. Those were his words; to the best of my remembrance he said so. My lord, I asked him several questions: Why he should give a bond for £600, if he were not concerned in this business? But he knew not what to answer. Saith he, Will you not take bail? Said I, I can take no bail: I must send you to the common gaol, and then I am discharged. Pray send me to the Compter. No I cannot. Do you think I would make an escape? I cannot tell; but I would not bring myself into danger. He prayed me I would give him leave to go home. I must make my warrant: If the marshal andconstable will do anything, I shall not direct them. He desired his wife might go and fetch some linen.

Lord Chief-Justice Bridgman—What day were the jewels delivered?

Sir T. Aleyn—Saturday.

Lord Chief-Justice Bridgman—Thursday was the robbery, Friday he was examined, Saturday the money was removed, and that night the jewels were brought and he committed.

Sir T. Aleyn—If I have said any thing that he is not satisfied wherein I have not true spoken, let him ask me; I shall not do him the least wrong.

Lord Chief-Justice Hyde—Do so, Mr. Turner.

Turner—Do your honours understand of Sir Thomas the time the robbery was committed? I shall ask him some questions.

Sir T. Aleyn—I have only one more word to say to you: That before he went to the Hoop-tavern, Nay, said I, col. Turner, be ingenuous whether this was not Mr. Tryon's money that he removed? And he confessed it was.

Lord Chief-Justice Hyde—The money was removed from his own house.

Sir T. Aleyn—Yes; but his wife, children, and maid denied it.

Lord Chief-Justice Hyde—Mr. Turner, will you ask him any questions? What are they?

Turner—I would ask all this back again: You are upon your oath, Mr. Alderman.

Lord Chief-Justice Hyde—You need not tell him that he is sworn; the court and jury understand it so.

Lord Chief-Justice Bridgman—Go on, Mr. Turner; ask your questions.

Turner—My Lord, I demand of sir Thomas Aleyn whether I did not tell him at the first there was a wicked young man had belied my house and family, saying, that he supped there that night, when he had not supped at my house these 12 months.

Sir T. Aleyn—I think I have done him that right already. He desired me to examine that young man, who said he had supped at col. Turner's; but I found he had not been, nor was not there.

Turner—Upon Friday night, when the alderman pressed me concerning the thing, I told him I had some suspicion of some persons, who formerly should have robbed Mr. Tryon a year ago, and I employed Mosely the constable and Mr. Tryon's man to go to Ratcliff, and I went another way. Pray ask sir Thomas whether I did not promise to do all I could.

Sir T. Aleyn—I pressed him hard; he said he would endeavour it

Turner—Whether did not I tell him that that money was carried there on purpose to gain the other fellows that had the jewels? Said I, If this money be taken away, he that hath the jewels will not bring them, and the remainder of the money; but that this money must bring him to it, that they might share it.

Sir T. Aleyn—There was not one word of this: his Examination was contrary. He told me £400 was received of a goldsmith, he knew not his name, and £200 was in his own house; and that he removed it for two or three days, till this foolery was over. He said it was his own money. I said, an honest man need not thus remove his own money. One thing I have omitted: when I was examining of him in the Minories, word was brought me his son was fled away at the back door. I bid them run after him; butthey said they saw him leap over a great ditch, he was not heard of till yesterday, though I sent out my warrants for him.

Lord Chief-Justice Hyde—Yourself (as sir T. Aleyn swears) said you knew not of whom you had part of the money, but the other was your own, and yet afterwards that the money was Tryon's; why did you say so?

Turner—I will tell you the reason; I would not have my business spoiled, and did feign those answers. My lord, I do demand of him whether Mr. Tryon and I had not made a bargain in the morning, whether or no if he might have his goods the person should be free, and that he agreed no blood should be spilt; that he had rather lose all his money and jewels, than to forfeit such an asseveration which the thief had bound me that I should swear to him, That by the blood of Jesus Christ that was shed for him and all sinners, his life should be free.

Lord Chief-Justice Hyde—You are beside the business.

Turner—My lord, I ask alderman Aleyn whether I did not tell him this?

Sir T. Aleyn—I told your lordships two souls were pawned, as he said before.

Lord Chief-Justice Hyde—Do not spend your time thus; the question's short, Whether you are guilty of robbing, or breaking the house of Mr. Tryon or no?

Turner—I am as free as any man here.

Lord Chief-Justice Hyde—They will not believe your own words.

Mr. Tryon, pray (as you are able) give an account of this business.

Tryon—My Lord, about 11 of the clock, or something past, upon Thursday night last was a sevennight, two men came into my chamber when I was fast asleep, one on the one side, and another on the other side of the bed: one had a lanthorn that opened on one side, and waked me: when I saw him I was much astonished (as I might well be); but as I knew them not, I said, My masters, who are you? I was newly out of my sleep; being an ancient man, I apprehended another man for the party I spoke to, but he was not the man; and I named him by his name, What do you do here at this time of night? What is your business? Said nothing to me; one took both my hands, the other with a little cord bound me very hard, insomuch here yet is the dents of it; and bound my feet; gagged me, and used me barbarously, most inhumanly; I must suffer it, because I could not tell how to avoid it. When they had done, then told me this withal, You shall not lose a hair of your head. I knew not their intentions, I feared what it was, for when they had done this, they left me; I had nobody could come to me in my house, my servants, I knew not upon what grounds, they were forth at supper when I was a-bed, which was of ill consequence. After I had been an hour in this manner I rolled myself out of my bed, and fell down; and saving your lordships' presence, a chamber-pot fell, broke, and I fell upon it, and very much hurt myself upon the pieces of the pot: and so with much ado, it pleased God, I know not how myself, I got to the chamber-window which lay to the street; I called out, Murder! and Thieves! My neighbours said, I called with so strong a voice they wondered to hear me. Quickly after, many of my neighbours came in, and one Mr. Peter Vanden-Anchor, aDutchman, that selleth Rhenish wine, he came in and unbound me; and so after I was unbound I went down to the warehouse as I was, without clothes about me, only my waistcoat and shirt, and saw that they had been there. I considered those that had done the thing, were very privy to my house; they knew where to fetch the key of my cash, in a drawing-box, taking the money there, which was about one thousand and odd pounds; some plate there was, they did not meddle with it.

Lord Chief-Justice Hyde—How came they by the jewels?

Tryon—I forgot something concerning some jewels; these jewels were in a drawer under my table in the compting-house, he was privy to that, because he did frequent my house very long and was very familiar.

Lord Chief-Justice Hyde—Who was privy to all this?

Tryon—James Turner.

Lord Chief-Justice Hyde—Mr. Turner, would you ask Mr. Tryon any questions?

Turner—By and by, when I come upon my proof.

William Hill, Mr. Tryon's man, was sworn, and stated that he had locked up the house at eight o'clock, when the jewels were safe, and Mr. Tryon was in bed. When he came home he found the money and the most valuable of the jewels gone. On Saturday Turner was arrested and sent for the witness, who went to him with two friends, Gurney and Pilkington. Turner asked him to persuade his master to procure his discharge so that he might go about his business,or it would be ruined. 'Proceeding into some discourse, I was saying to him it was a great providence that I and the maid was not then at home, for if we had, we should have been killed. He answered, saith he, No, they would only have bound you and the maid. I asked him, how it was possible to get in? He answered, one went through the entry in the daytime, and there lay till night, went upstairs, found a candle, lit it, went up to his chamber, took the key and went down and let in the others.' Turner had talked to him about Tryon's will; he said it was a pity he did not make one; Tryon had told him he had made one, but he knew he had not done so. 'He told me of one that could counterfeit a hand.'

Back to Index Next