THE Sessions of Peace, Oyer and Terminer, and Goal Delivery of Newgate, for the City of London and County of Middlesex; be­ginning at Justice Hall in the Old Bayly, on the 9th. of Decem­ber, 1685. Charles Bateman, against whom, an Indictment of High-Treason had been found, for Conspiring the Death of the late King, &c. was brought in the Custody of the Keeper of Newgate in order to his Arraignment; and being ordered to hold up his hand, he desired that he might first say something for himself, in order to put off his Tryal, but was told by Mr. Recorder, he must plead before he could be heard; whereupon desiring to know whether he might have the same advan­tage after his pleading as before, as to gain longer time for his Tryal, and being answered he might, he held up his hand, and then the Indict­ment was read:

Mr. Bateman pleaded not Guilty, and desired his Tryal might be put off, saying, He was not prepared to make his Defence, and therefore prayed a longer time, saying, He had been close Prisoner for the space of ten VVeeks, and was over and above very much indisposed; and further alledged, he had had no Notice nor any Pannel of the Jury; as for notice of Tryal, he was answered, that it was not usual to give any in that Court, but that he ought to have expected it, and prepared for it accordingly, and as for the Pannel it was not denyed him; then he prayed a Coppy of the Indictment, but was told it could not be al­lowed; and upon his further alledging his unpreparedness and no notice of Tryal, and the like, the King's Council urged that he had opportu­nity enough to take notice of his Tryal, for that it was upon an Indict­ment of the precedent Sessions: Then he asked what time he might have between his Arraignment and Tryal, and was answered, as much as would stand with the conveniency of the Court; and after several hours [Page 2] Respite, he a second time was brought to the Bar, and then upon his humble request, Pen, Ink, and Paper was allowed him and his Son to assist him; and then were sworn to try the Issue,

• Richard Aley Esq
• Richard Williams
• John Cannum
• Patrick Barret
• John Palmer
• James Raynor.
• Edward Rhedish
• George Lilburn.
• Daniel Fouls
• Peter Floyer
• Lawrence Cole
• John Cooper.

And he making no exceptions to them, then the Indictment was read.

On the 10th. of December, 1685.

UPon an Indictment found against Edward Hays. William Price, John Holland, and William Davis, for Conspiring against, vio­lently Assaulting, and forcibly Imprisoning, for the space of six hours the Person of William Chancey, Citizen and Mercer of London, against his will, and without any warrentable Cause, whom they false­ly Charged with uttering divers Treasonable Words, to extort from him a Sum of money, &c.

John Holland and William Davis, were brought in the Custody of the Keeper of Newgate, to Justice-Hall in the Old-Bayly, where upon their Arraignment they pleaded not Guilty, and desired their Tryal might be delayed, seeing they were not prepared to make their Defen­ces, and were thereupon taken from the Bar, but on the 11th. of De­cember, 1685. the Lord Mayor, Mr. Recorder, Sir Henry Tulse, and other Aldermen, being present they were brought up a second time, and order­ed to look to their Challenges, but making no Exceptions the Jury was Sworn, viz.

• John Meridale
• Benjamin Boltby
• John Baly
• Thomas Barns
• Richard Bromfield
• Samuel Linn
• Edward Hemstead
• Robert Longland
• Samuel Bishop
• James Fern
• William Wheatly
• Thomas Phelps

The Indictment being read a second time, the Council for the King opened the Nature of the Fact, of which the Prisoners stood accused in all it's unparralled Circumstances, and then to proceed to Swear Mr. Chancey, who gave Evidence, that on Saturday the 28th. day of Novem­ber last, he was informed that a Boy had been sent from the King's-Arms Tavern in Lawrence-Lane London, about Four of the Clock in the Af­ternoon, to let him know that there were two Gentlemen that desired to speak with him, whereupon he went, and being shewed where they were, found them to be Hays and Holland, the former of which he had some small Acquaintance with, he having been once a Citizen, but as [Page 8] for the latter at that time he knew him not. Hays after a Complement had passed, desired to speak with him in private, but Holland whom Hays called Captain Holland, was somewhat against it, saying, they might speak what they had to say in his presence, but in the end he retir'd, when Hays in a melancholy Tone, cryed out, O! Mr. Chancey I am the unfortunatest man alive, for being the other day in the Company of the Cap­tain, I chanced to let fall some words said to be spoken by a Merchant in London, which proved to be Treason, and with which I am charged, and am now a Prisoner to the Captain, and therefore am obliged to produce you as my Author; upon this Mr. Chancey being a little surprized, as not knoing to what it might tend; and not being conscious of any thing of that Nature, replyed, He had never spoken any treasonable Words, and that he knew not what he meant, whereupon as probable it had been agreed, Holland came in and demanded of Hays, if that was the person, meaning Mr. Chancey, that had spoke the words, to whom Hays replyed he was: At which Holland told him He was his Prisoner, and must go with him to White-Hall, before the Secretary of State; then Mr. Chancey demanding ing to see his Warrent, he told him He was a Captain of the Guard, and that a Captain of the King's Guard had power without a Warrant to seize any person for High-Treason, with which he was charged; then Mr Chancy desired to send for some friends, but Holland would not hear­ken to that, telling him he must instantly go with him out of the damn'd Factious City, as he term'd it, but withal that he would call at the Crown Tavern without Temple-Bar; whereupon they stopping in Cheapside, Mr. Chancey found an opportunity to send a person to his Brother, to let him understand what had happened, and that he was going to White-Hall, but should stay at the Crown Tavern, and thither he desired he would come to him, and all the way as they were going, Holland railed and cursed Hayes, that he being one of his Majesties Servants, should be such a Vil­an as to conceal Treason, but Holland understanding that Mr. Chancy had sent for his Brother, and fearing the business might be discovered, would not suffer him to stay at the Crown Tavern nor send word where they were gone, but caused the Coach to drive to the Fountain Tavern in the Strand being nigh the Savoy, where he said he could have several Files of Musquettiers to secure him if need required, and there it was that after some threats of Soldiers, Messengers, and Imprisonment, and Exe­crable Oaths that he would run him through if he offered to make an escape: Hays began to tamper with him, leting him know that the bu­siness yet might be hush'd up by stopping the Captain's mouth with a Sum of Money, since none but he could detect it; but finding him ab­solutely a verse to it, and whilst they were thus discoursing, word was brought up to Holland that there were two of his Kinsmen that would speak with him, and accordingly they were brought in and we were ordered to take no notice of the business in hand; they discoursed of the Rebellion in the West, he took them to be Welsh, for the same time (as he guessed) they talked that Language; they being gone, and he not willing to give any money, to White-Hall we must go; but Mr. Chancey observed that Holland paid two Reckonings for a Company in the House then present, beside their own; when we came to VVhite-Hall-Gate, Hays cryed, and stamped, and desired for God's sake we might not go in, for if we should, he and his family were certainly ruin'd, for he [Page 9] had two places at Court worth Eight hundred pounds, and he should loose them both, besides being Pis'd upon by every body if this matter should come publick, therefore desired we might go to the Swan Tavern in Westminster, which accordingly we did, there they both argued that it would be for both our Interest to comply with the Captain in his propo­sal beforementioned, that is, to give Holland Two hundred pounds, for that it was in His Breast alone at present, but if we should be carryed be­fore a Secretary, or put to the hands of a Messenger, it would be then out of his power; but Mr. Chancey still persisted that he would not give any thing, whereupon to White-Hall we must go (says Holland) in order to be Examined, and then the said Hays declared that I was the person, which the Merchant should say spoke those Words; however he was never brought before any body, albeit he was carryed to several places in White-Hall for that: Holland pretended the Secretary was busie; but after some stay, he said he would deliver us into the hands of a Mes­senger which he was informed was at the Fountain Tavern in the Strand, whom (as he pretended) he had sent for when we were there before, and accordingly thither he carryed us; but there being no Messenger, he then sayed he would send for one, and accordingly Mr. Chancey thought that Halland had sent for one, but Hays and he still continued their per­swasions to give two hundred pounds, but finding him unwilling to give any thing, Captain Holland draws up a pretended Information of High-Treason against him only, which being done, word was brought that two of the Gentlemen that were in Company with them the last Night were in the house; Holland desired them to come in, Hays in the mean time called Mr. Chancey aside, and strongly perswaded him to comply with the Captains demands, saying, that if he had not money enough, he would prevail with the Captain to take his Bond, and that he himself would be bound with him, and then he would be no more than One hundred pounds out; however the two persons being come in, and as was afterwards inform'd, one was Mr. William Davis, and the other Mr. William Price, whereupon Mr Holland reads the Information to them, which he had just before written, and told him that Price was a Barrister; then Price did affirm that the words were High-Treason, and perswaded him to comply, saying, it was the best hundred pounds that ever he parted with in his life, adding if he were innocent, that the de­lays, the neglect of his business, and the charges would amount to a grea­ter sum; likewise Davis that came in with him, perswaded him to it al­so, and Holland swore he would send him to Prison without carrying him before a Justice of Peace; and added, that one Delawne had been in Newgate for several Years and never knew for what, and that he was like to lye there as long as he lived, and that Cornish was hanged for only hearing a Treasonable DECLARATION read, and that his Guilt was greater, having spoken words at length, finding by their Discourse they would stick at no Oath for interest or re­venge, and knowing it was Sunday Morning, and not knowing what manner of men he had to deal with, nor what they might swear falsely against him, tired by hurrying him up and down as aforesaid, and somewhat affrighted with their menaces at the reiterated importunity of Hays, who pretended himself to be in the greatest Consternation ima­ginable, for fear the business should come to light, and in hopes to be rid [Page 10] of his dangerous Company, that he might at leasure consider better what he had to do; he consented to enter in to a Bond with Hays in the Penal­ty of 400l. for the payment of 200, and the Bonds to be made to Holland; but this would not be accepted till he farther consented to sign a Warrant of Attorney, to confess Judgment upon the Bond. This being concluded upon, Holland sent his Foot-boy to call up Mr.—a Neighbouring Scri­vener to make the Writings, it being then between Two and Three of the Clock on Sunday Morning, Who was very unwilling to rise at so unsea­sonable an hour; but being told there were divers Gentlemen at the Fountain that must needs speak with him, to draw some Writings upon an urgent occasion, he at last went, and there found Holland, Hays Davis, Price, and Mr. Chancey, and that the Instructions were ready drawn up, which he took into his own Note-book, and so went home to draw up the Writings, where he had not been long e'r Price came to him, and told him that he must Date the Bond any day in Trinity Term last, the business so requiring, whereupon he Dated it the 21th. of June, so that it became payable the next day after it was signed. This the Scrivener ignorant of the Consideration thinking pretty hard, and that a Judge­ment was to be confessed upon it without a Defeazance, made some scru­ple to do it; but Price assuring him it was so agreed for sundry Reasons best known to themselves, he brought the Writings, and spared not to say as much in the Company, but Mr. Chancey not contradicting it the Bonds were signed, but the Warrents of Attorney being purposed, he scrupled to sign it, and whispering Holland in the Ear, said, What need this, will not my Bond suffice? but he and his Accomplices crying out, Are not we agreed? Is it not so agreed? &c. and Hays without bogling signing on his part, Mr. Chancey with some Reluctancy did the like, and then the Scrivener proposing it was convenient to have Releases to Bar any former Consideration for which the Bond might be given, they wil­lingly assented to it, and it was signed by Holland bearing Date before the Bond, whereupon the Scrivener was discharged, and Mr. Chancey had leave to go about his business, and then Mr. Chancey further deposed that on Monday the 30th. of November, Holland sent his Foot-boy with a Note directed to Mr. Chancey, at his house in St. Lawrence Lane, inform­ing him that he had a present occasion for 20 l. and that he must needs furnish him with that Sum, as likewise with Silk to make him a Cap, a Night-Gown and a pair of Slippers, promising to use him very kindly in the payment of the rest, and to take out part of it in Wares, which was confirmed by the Foot-boy being sworn, but Mr. Chancey by this time being better advised, and finding it was a Cheat, and under­standing by the Boy where his Master was, under pretence of furnishing him with the money and goods he had sent for, found means to secure him; who being carried before a Judge, was upon the Oath of Mr. Chancey Committed to Newgate, and Price being soon after taken, was Committed to the King's-Bench and af­terwards together with Hays was bailed to appear at the King's-Bench, as it was suggested to the Court. To this Holland pleaded he only took the Bonds to oblige the Partys to appear before the Secretary of State, and that he did it to save himself harmless, there being no Consideration why Mr. Chancey should be otherwise obliged to him, and that he had [Page 11] made his report of the matter to a person of Quality, who told him he had over done his business.

Davis pleaded that he was ignorant of the matter as to the contriving of it, and only came in by chance as he was going to his Lodging that was near the Fountain Tavern, and was desired to stay as a Witness to the Writings; whereupon Holland's Foot-boy being sworn, gave Evidence, that he had seen Davis pass through the King's-Arms Tavern in St. Lawrence-Lane, when his Master and Mr. Hays were above with Mr. Chancey, and farther that he had after that been to look for him to come to his Master. This Objection being answered, he proceeded to intimate that Mr. Chancey was a disaffected person, and that Hays had affirmed he heard him speak these words, viz. That the Rebellion in Scotland was no Rebellion, but a mere trick to get money, or to that effect; whereupon Mr Chancey called several worthy persons to testifie his Be­haviour, and first Sir Edward Waldon with whom he had served his time, who declared that he had all along behaved himself civilly and modestly, and that he ever looked upon him to be a very Loyal Person, and well affected to the Government; adding, that he had been so faithful a Ser­vant, that he could not enough commend him.

Sir Robert Adams being desired to testifie his knowledge on this occa­sion, declared, that he had known him many years, and that he always took him to be a very honest Loyal man.

Mr. Brough, the fore-man of the Grand Jury for London, testified the same as did some others of known Loyalty and Integrity; so that the Jury receiving the Charge by Mr. Recorder, in which all was most exactly sum­med up that had been sworn against the Prisoners, &c. and the Defence they had made for themselves, they withdrew, and within the space of half an hour gave in their Verdict, that John Holland and William Davis were Guilty of the Conspiracie, Assault, and false Imprisonment, as laid in the Indictment.

JOhn Holland and William Davis, were a second time Indicted for a Felony and Burglary, Committed in the House of Mr. Leonel Gatford of Lyme-street London, in the Parish of St. Dionis Back-Church, on the 11th. of September last, together with Agnes Wear­ing, as accessary, before and after the Felony and Burglary committed; The Goods layed in the Indictment were Sixteen silver Spoons, Nine silver Porrengers, Four silver Salts, Three silver Pots, Two silver Plates, Five silver Candlesticks, a silver Skimer, Four silver Boxes, One silver Tanckard, One silver Ladle, Six Diamond Rings, Twenty plain Rings, and other Plate of value; Thirty Guineas, Forty pounds in Sil­ver, &c. In all upward in value of Three hundred Pounds: To which Indictment, the Prisoners having severally Pleaded not Guilty, put them­selves upon the Jury for their Tryals.

The Jurors were

• John Wakley,
• George Reeve,
• Joshua Sabin,
• Richard Jagman,
• Richard Austin,
• Job Harris,
• Gilbert East,
• Martin Simpson,
• —Masters,
• Robert Stevens,
• Richard Newstrop.
• Thomas Oliver,

The Jury Sworn and the Indictment a second time read, Mr. Gatford, gave Evidence, that about six of the Clock in the Afternoon, going to Prayers and leaving his Wife and his Maid in his house (which Maid was Agnes Wearing) and returning about Eight of the Clock the same Evening, found his house rifled and his Wife much abused; the things mentioned in the Indictment, &c. Being at that time stolen.

Mrs. Gatford gave Evidence, that On Friday the 11th. of September, about Five or Six a Clock at Night, in the absence of her Husband, some body knocking at the Door, she sent Agnes Wearing (the Prisoner at the Bar, being her Maid) down to see who it was, and she returning, told her it was a Gentleman would speak with her, she then desired he would [Page 13] send up his Name and Business, but the Maid replyed he had a Letter for her, which he said he must deliver to her hand, however she told her she would not see him till she knew his Name, but whilst they were discoursing concerning it, a Person came up Stairs with both ends of his Wig in his mouth, and made as if he would present her with a Letter, but she seeming shye, and telling him he was a stranger to her; he let go the ends of his VVigg, and swearing a great Oath that he was a great stranger to her, and clapped his hands upon her Throat and Neck, saying he want­ed money; Commanded her on pain of Death not to make any Noise; and whilst this happened, he heard her maid cry out softly, Thieves, Thieves; and then taking up her upper Coat, he drew it over her Head, and so tyed it vvith her hands in it, calling as loud as he durst, Jack, Jack, why don't you come up Jack? but he making as if he stay'd belovv to secure the maid, he cryed Damn her for a Bitch, Shoot her, Cut her Throat, what is her Life worth? Which Mrs. Gatford taking to be in earnest, besought them For Gods-sake not to kill her maid; hovvever Jack soon came up Stairs, vvhereupon he that first seized Mrs. Gatford, Commanded her to tell vvhere the money vvas, vvho replyed, She had none but what was in her Purse: Then he asked vvhere her Purse vvas, she said in her Pocket, then pull it out said he, but her Hands being vvithin her Coats, she told him she could not, vvhereupon he said he vvould take it out, vvhich he do­ing, and then laying her on her Face vvith dreadful threats, that if she stirr'd—They vvent directly to the place vvhere the money vvas, altho' in a very private place; as also to the Glass-Case of Plate: The first they had some difficulty to find, and vvere once about to go avvay vvith­out it, but one of them knocking a Board in the Closet that vvas to dravv up heard it chink, and so by force vvrenching it up, they took the money before-mentioned, and other things not named: Having gotten their Prey, they told Mrs. Gatford She must go down into the Celler; to vvhich she replyed She could not see the way, then he that came up first lead her, and vvhen she vvas on the Top of the Stairs bid her take her first step, vvhich she did, and immediately slipp'd dovvn to the Bottom, and did the like on the Top of the Celler Stairs; being belovv they bound her to a Par­tition, and brought dovvn Agnes VVearing, vvhom they bound likevvise and set her by her, but so loose that she might easily have unbound her self; near her likevvise they laid a piece of Red Damask, vvherevvith VVearing pretended they had blinded her, and so charging them not to stir for half an hour, nor make any noise, under the pain of being shot or run through; (for as they said, they vvould stay half an hour to ob­serve them) and having plunder'd the House they departed vvith their Booty: When as Mrs. Gatford hearing all still, and imagining as much, bid her maid (vvho by this time had gotten her self pretty vvell at liber­ty) to cry out which she feigned to do, but vvith so lovv a Voice, as she vvas sure she could be heard by none, and therein excused her self through the fear she conceived of having her Throat Cut if they should happen to return; hovvever, she got so much her liberty, that she untiy'd her mistress, and then pretndned that her hands vvere tyed over her Head, vvhich vvhen her Mistress vvent to help her, she found the same vvas so loose that she could easily have untyed her self.

The Robery being thus Committed that Discovery might the better be made: It vvas for some days kept a little private, for vvho vvere [Page 14] the Robers was not as yet known to Mr. Gatford nor his Wife; and be­cause one Mr. Hamlin's Evidence on this occasion was rare and unusu­al corroberating and confirming that which was more possitive.

Mr. Hamlin being called and sworn for the King, deposed that some­time before the Robery, going with a French Merchant to a Musick-House near Moor-Fields to look for a Laundress who had pawn'd one of his Cravats, that he might perswade her to tell him where it was, and he thereby have the opportunity of Redeeming it: Having sound the Par­ty whilst his Friend was discoursing her, he retired and went down into the Musick-Room, and sat him down by Agnes Wearing (whom he then knew not) accompanyed only with an Old Woman, which made him press himself into her Company and pass some Complements on her; she being well habited, and making such a suitable Return, he earnestly de­sired to know what she was, she thereupon told him He was mistaken in the Person he addressed himself to, for that she was but a Cook-Maid; and when he found she made some difficulty in believing it, because she was better habited than might well consist with such an Employment, she told him, That he might go a long with her and be satisfied, to this he consented, and went with her and the Old Woman as far as Hounds­ditch where the latter turned off: From thence Agnes Wearing went with him through Bishops-Gate, and so to her Masters House in Lyme­street, and shewing him the Kitchen and all its Furniture, demanded, If he was confirmed in what she said, and some other words having passed, she desired him not to stay at that time, least Notice should be taken of it, but if he would take any other opportunity to send for her, either to Ale-house or Ta­vern, she would come to him, and so they parted.

About two days after the Robery was Committed, Mr. Hamlin being one Evening upon the Exchange with a Scotchman a Friend of his, his Friend asked him, If he knew not where to spend, an hour or two that dull Evening, to which he replyed, He had a new Mistress whose Conversa­tion was very taking, and who had invited him to pay her a visit, and so proceeded to tell him the whole Story, whereupon they agreed to go thither; and it being somewhat dark Mr. Hamlin left his Friend at a di­stance, and knocked at her Masters Gate, holding (to be the less known if any body else should open it) the ends of his Periwig in his mouth; (the Posture the party came in that first seized Mrs. Gatford:) Scarce had he knocked twice when Agnes Wearing opening it, and not being capable of discerning who he was; but supposing him to be the Person he was not, fell to pushing him back, and as one in an extraordinary surprize, cryed out, though somewhat low, O! Mr. Davis what do you do here, will you ruin your self and me? there is a great ado about the Robery, and I would not have you appear here this Month: Is the Plate secure? Have you shared the Money? Is Mr. Holland safe? and having said these Words, (to which Mr. Hamlin conceiving some Robery had been Committed made her a suitable reply;) She thrust him to be gone and shut the Gate. This Mr. Hamlin told to his Friend and divers others, and heard soon after of the Robery that had been Committed, and advised with several, whether he should acquaint Mr. Gatford with what he had heard; but some alledging he might bring himself into trouble if he had no better ground for it, or no more to testifie than what he had [Page 15] heard, whereupon he for bore it a Month or thereabouts; after that he met Agnes Wearing in Moor-Fields with Hollands Foot-boy after her, and began to renew his former Acquaintance with her, but at first she seemed strange and would not know him, till he remembred her of se­veral passages that had been between them, and then she told him, She was fearful of lying aloan, and that she was going into Spittle-Fields, to get her Sister to lye with her; for it seems she then was come from her place. This would not satisfie him, but he would needs drink with her; so af­ter having taken a View of Bethlehem, and dismissed the Boy, they went to a House near Moor-Gate; and there he told her how she had mistaken him such a Night, and what he had heard her speak and observed, whereupon she began to excuse it and to change Colour, and in the end Confessed, She was mistaken, but that there was nothing in it, or to that ef­fect, and so they parted. Mr. Hamlin not long after acquainted Mr. Gat­ford what he heard from Agnes Wearing, and Holland having had Notice of this from the said Agnes, went to take up the said Hamlin, for charging him falsely with the said Robery: Then Margaret Harris being Sworn, said that she went to live with one Madam Walton, who lodged then at one Mr. Canes in New-street as her hired Servant about the middle of Au­gust last, and that on or about the beginning of September, Davis, Holland, and one Bishop, were together at the Dog-Tavern in, or near, Newgate-street with her Lady (for so she called her) & another Woman, which she since believes was Mr. Gatfords Maid, making very merry there; and that a­bout the middle of the same month of September, she was sent out by her Lady to find out one Mr. Price, but not finding him she returned to her Lady, & found William Davis, whom she often had seen there before, near her Closet Door, and one Humpton sitting in the Room behind the Door, and she then going near to her Lady, to give her an Account of her Er­rand, looking over her shoulder, saw Davis take out of his Pocket a great handful of Rings; a great part of which were mourning Rings, and from amongst them gave her Lady a Diamond Ring, soon after which, Davis and Hampton went away together; and then her Lady said to her, Margaret, see here what a fine Ring Mr. Davis hath given me, which she then looked upon, and observed the same to be a Diamond-Ring with seven Stones, in the middle one having a slaw therein fill'd up with Sil­ver; and thereupon told her Lady that she wondered she would take it of him, for that he was a Clipper, a Shop-lifter, and a very ill man, and therefore to be suspected that he had stolen it; to which her Lady re­plyed, that she did not care if he Robbed all the Shops in Town, so that he maintained her handsomely; upon which she replyed, she doubted she would bring her self into trouble by it, and was sorry for it; upon that, her Lady was very angry with her, and gave her a Box on the Ear, and bid her meddle with her own business. About three or four days afterwards, her Lady sent her to her Daughters, one Mrs. Stanly, at one Foots a Barber in Blow-Bladder-street, over against the Dog-Tavern before mentioned, to borrow some money of her; where when she came, she found her a Bed, & gave her then an account of her business, who told her she had no money; whereupon she asked her if she had the Gazette, up­on vvhich, Mrs. Stanly told her she had, and there vvas a great Robe­ry Committed, mentioned therein, and shovved it to her, vvho read it, and found a Diamond-Ring vvith seven Stones, and other Descriptions [Page 16] according to what she had observed in the Ring she saw Davis give to her Lady therein mentioned to be stolen, with several other Rings, where­upon she said, that Ring which Davis had given to her Lady, was the Ring therein mentioned; and that she believed that Davis and Holland (for that she found them often together concerned in many Crimes) had Committed the Robery, and asked Mrs. Stanelys Advice, whether she had not best write a Letter, and put it into the Penny-Post, to give Mr. Gatford an account of it; Mrs. Stanely replyed, she believed it to be true, but if she should do it without her Mothers consent, she would go nigh to kill them both; whereupon she went back to her Lady, and carried the Gazette with her, and told her what discourse had passed between her and her Daughter concerning the Ring, and gave her the Gazette; and shewed her the place where the Robery was mentioned, and told her of her Daughters, and her intentions, but she was very angry thereat, and called them a couple of Bloody Bitches, and asked whether they had a mind to dip their hands in innocent Blood, and beat this Deponent, and Tore all the Cloaths off her Head, and gave her a blow on the Face, and made her Nose bleed; but it so happened, that a Night or two afterwards she apprehended her Lady was in a better humour, and therefore desired again that she would permit the Ring to be produced to the Minister that was Robbed, believing it to be his Ring, and offered that she should have the Ten Pounds; but her Lady refused so to do, and then collogued with her, and was very kind to her, and offered her Ten Pounds not to be concerned any more about it, and promised to keep her like a Gentlewoman whilst she lived with her; and if she married she vvould give her Five hundred Pound, and if she continued vvith her till she dyed, she vvould give her Fifty Pound a Year, for One & Tvven­ty Years; to all vvhich, she ansvvered very little; but abouta Fortnight aftervvards on a Sunday, Davis came and demanded the Diamond Ring of her Lady, which this deponent advised her privately, not to let him have; however he sate down by her Lady on the Bed-side, with his hand upon his Knee, and whilst he was discoursing she observed a large plain Gold Ring upon his Finger, which she with his leave took off to look upon, much commending it, and desiring that he would give it her; and looking upon it and the Posie, which was, God above increase our love; she read the same aloud, in the presence and hearing both of her Lady and the said Davis, upon which she told Davis it was a good Posie, and since he had promised to get her a Husband, he would do well to give her that Ring against she got him, but he would not, whereupon she gave it him again, but did not observe that her Lady did let him have the Diamond Ring again; but after he was gone, she said to her Lady, what think you now Madam, is it not true that Davis and Holland robbed the Parson, for this is the Ring, and the Posie I read to you in the other Ring is the same posie, both mentioned in the Gazette; whereupon her Lady (as formerly) was very angry with her; but about two or three Nights afterwards, Davis and one Harrison came into her Ladys Chamber, and siting down, Davis pulled forth a handful of Guineas and other pieces, upon sight of which, her Lady said, Mr. Davis when will you send me in some—Davis replyed, and swore a great Oath, that next Week he would send her in a Butchers Tray full; whereupon she said to Mr Harrison, we shall have Guineas enough to Thatch a House: And after they vvere [Page 17] gone, she desired leave of her Lady, that she might go and discover this vvhole matter, othervvise mischief might come of it, but her Lady vvould not let her go; and one day in the morning early, she desired the maid of the House to call her as if some person would speak vvith her, intending by that means to have got out to make the Discovery, vvhich the maid did; and vvhen she vvas going, her Lady lept out of her Bed and stopt her, and beat her very much and locked her up, pretend­ing she had got the Ring, and then soon after favvned upon her, letting her knovv that she had accused her unjustly, and repeated her former promises to her, to engage her to the contrary: Hovvever, tvvo days aftervvards being in October, on a Wednesday in the Sessions Week; she again desired to go forth, to deliver a Letter for her Father, but her Lady suspecting she would go tell Mr. Gatford, charged her not to do so upon her Salvation, and withal swore her upon a Mass-Book, that she should not tell Mr Gatford, by which compliance she got leave to go forth, and then went immediately to her Sisters, at Madam Armatages in Crain-Court in Fleet-street, and informed them both, of all those passages; and advised with them, whether she might discover it notwithstanding her Oath, who did advise her to go forth with to Mr. Gatford and discover the whole matter, which she accordingly did the same day, and afterwards went back to her Lady, and stay'd with her tho' in great danger, and un­der much dread; being often told by her Lady, that they would do her a mischief; till the day before her Lady was taken and sent to the Comp­ter, out of which she was soon after Bailed; and further saith, that she saw her Lady have the said Ring in her Bosome the day before she was taken, and often heard her say that she would through it down the House of Office before it should be discovered: When she had done, then Mr. Recorder asked her, where was that Madam Walton, she had so often mentioned in her Evidence? To which, she answered that she was there, (pointing up to the Gallery) amongst several other Ladys and Women: Whereupon Mr. Recorder order'd an Officer to go up im­mediately and wait upon her down, and thereupon she was brought into Court, (very richly habited) and pretended she was an Irish Earls Daughter, and a Woman of Quality; however she was committed to Prison upon the Evidence that had been given, and an Indictment or­der'd to be preferr'd against her, and persons bound to Prosecute the same, which afterwards was accordingly done, and the Indictment sound, and there was a Letter likewise given in Evidence against Holland, which Holland own'd to be his hand, and was wrote to Agnes Wearing, & did mention things relating to this business; and then Holland's Foot­boy was called and Sworn, who testified that he had been often sent on messuages by his Master to Agnes Wearing, and by that means was in­strumental in having her taken by discovering the Lodging that his Ma­ster had often provided for her, tho' she had shifted them divers times, and being in Custody upon hearing that Davis and Holland were taken, she cry'd out we are all concerned, and hoped they should live and dye together, for she was resolved she would live and dye with them.

This being the Substance of the Evidence given against the Prisoners at the Bar: They were then asked by the Recorder every one of them singly, what they had to offer in defence of themselves against this great Crime. Thus as it were miraculously made out against them, Davis [Page 18] endeavoured to make it appear, that he had bought the Diamond Ring and as for the Wedding-Ring, there were few Goldsmiths Shops, that afforded not Rings with the like Posie, and did produce a person in Court, of whom he had bought a Diamond-Ring, but it was about Nine Months since, and the same did appear to be ano­ther manner of a Ring, and disposed of before the Robery was committed, and the Ring he had given to his mistress consequently could not be the same, then he called Persons to discred it Margaret Harris, by alledging her uniustness, and amongst others, a mistress with whom she had formerly lived, who instead of accusing her of Dishonesty, gave her a good Cha­racter. Holland alledged malice in Mr. Hamlin, and that Mr. Gatford had brib'd his Foot-boy, but the former not appearing, and the Boy up­on Oath declaring the contrary, that Mr. Gatford had indeed promised him two Guineas to discover the Lodging of Agnes Wearing, the which when he had done, he would not give it him till the Tryals were over, lest the Prisoner should construe that as a Bribe, to induce him to Swear against them; and having nothing more material to offer further in their Defence, Agnes Wearing insisting upon her innocence.

Mr. Recorder Sum'd up the Evidence to the Jury, very particularly, and at large, and more especially after he had repeated Hamlin's Evi­dence given against Holland (which he observed was their most diffi­cult parts, for that generally what one Prisoner saith of another is not Evidence) yet as this Case is, they might consider the occasion that moved Agnes Wearing to speak what she did, it being without any Com­pulsion, or any thing laid to her charge at that time she could not speak it out of any by Ends, or dread, but merely upon a mistake and sur­prise, apprehending it was Davis, because of his appearing to her in the same posture as Davis was in, when he seized upon Mrs. Gatford, and then it was very plain by the whole course of the Evidence, that Holland, Davis, and Wearing were all well acquainted, and their familiarity began much about the time, when this Fact was Committed, and they both very fond of her, but Holland more es­pecially, he using all Diligence to take care of her, and conceal her, by providing several Lodgings for her in by places, and what was testified against Davis and Agnes, and what she confessed to Hollithorn, made it plain if they did give credit to the Witnesses; so that upon the whole matter, he left it to them, whether they would find all or any, and which of the Prisoners Guilty or not Guilty of this Crime, whereof they stood charged within the Indictment.

Whereupon, the Jury after they were withdrawn some time, came in, and found them all three Guilty of the Indictment; and William Da­vis and Agnes Wearing, were Executed on Wednesday following, and Holland Reprieved.

This may be Printed, R. L. S, January the 9th: 1685.