1. ABout the latter end of October 1699, the said Charles Newey, having Occasion to go into the Country, desired Permission of his Brother, Mr. John Newey, to leave some Trunks in his Custody, untill his return, in which were several valuable Wearing Cloathes, Linen Papers, &c the said Trunks be­ing broke open, and divers of the said Goods found want­ing at his return, and finding his said Brother, in stead of making him any Satisfaction, to Treat him with very abu­sive and provoking Words, and having reported to Mr. Ferrour at the Tobacco-Rowl in Newgate-market that the Cap­tains Lady, who is of an Unblemish'd Reputation, had Stole his Silver Tankard, and his having Swore the Peace (before Sir Charles Leigh) against the said Charles Newey, and brought Constables, and said all that Hell and Malice could Invent against the said Charles, to Mr. Clavis the Dutch Shoo-maker (and his Neighbours) who Living over against the Prince, and Princess in the Pell-Mell, where the World will find it so: The said Charles made his Complaint thereof to the Justices then at Hickes-Hall, who granting him a Search War­rant, by vertue of which some few of the things missing were found in his said Brothers House, as can be Justified by Mr. Phipps the Constable, who lives at the Kings-Head-Tavern near Holborn-bars. as well as most of his Deceased Brothers Neighbours; the said John was thereupon obliged to give Bail to appear at the next Sessions, but in some time after the said John Newey. having been long Indisposed, fell Sick and Dyed at his own House.

2. During the Sickness of the said John Newey, the said Charles went divers times to his House, with a design to be Reconcil'd to him, but found himself still prevented by the Malice and Instigation of his said Brothers Wife, whose de­sign appears to have been to hinder her Husband, who hav­ing no Children, to leave all his Goods, Money, and E­state to herself.

3. Imediatly after the Death of the said John Newey, the said Charles Commenc'd a Suit in Law against his said Brothers Widdow, in order to make void his Will by reason of his Brothers defective Judgment, at the time of his making the same, The said Widdow finding herself in Danger to be cast in a Suite of so great Consequence, made it her Cheifest Business to find out and Sollicit against the said Charles, all such Persons, with whom she understood him to have had any former Difference, thereby to render him incapable of of duely Prosecuting the aforesaid depending Suite in Law.

4. In a few Days after she caused the said Charles to be Apprehended, and Charged with diverse Notorious Crimes, viz. that of Subornation, of having Two Wives, for As­saulting one Turner; And the better to Facilitate her Sinister, and Malicious Designes, by rendering the said Charles Ob­noxous to the Government, he was then also charged with having Hung Tyburn with Mourning, for the Death of her late Majesty of ever blessed Memory.

5. On the 6th of December 1699, he was accordingly Indi­cted for Subborning as was Pretended, one Jones, alias Ambril, alias Clement, to Swear some particulars, relating to Coyning against the said Widdow Newey; having Married one Mrs. Barbara Ferrour, Hanah Goodridge, his pretended former Wife being Alive; for assaulting the said Turner.

6. To prove the first Charge of Subbornation, the Evi­dence produced against him, was the aforemetion'd Jones, alias Ambrel, alias Clement the truth of whose proceedings, with the said Charles Newey was thus; One Day whilst the said Newey was at Docters-Commons, and being in Discourse with some Persons there concerning his Affairs with the said Widdow, in which he had occasion to mention something of the said Hannah Goodridge, the said Jones being present, and very attentive, (as was Sworn in Court) to the said Discourse, apply'd therupon to the said Charles, telling him he knew enough of the said Widdow and Hanah Goodridge, to free the said Newey from all the Trouble, which he then seem'd to Apprehend, declaring, that he thought himself obliged both in point of Conscience, and Justice so to do.

7. Upon which the said Newey, with the said Jones, who at that time were altogether Strangers to each other, went before Justice Ellis, where the said Jones voluntarily made Oath, That in the Company of one Hanwel, who is since Hang'd for Coyning, and did Lodge for a considerable time at the said Wid­dows House; he had seen the said Widdow divers times, Melting some quantities of Mettle, to Coyn, or to that Effect, with other particulars.

8 This Jones for want of sufficient Bail, was Committed to Newgate, and being in miserable Circumstance, was so far prevail'd upon by the Enemies of the said Charles, that at the aforesaid Tryal, the said Jones pretended, that what­sover he had Sworn before Justice Ellis, relating to the said Widdow, and Hannah Goodridge, was false, and that he was perswaded to do it by the said Charles Newey; upon the said Tryal, there was also mention made of 105 Guineas which the said Charles Newey truely lent his Brother, some time be­fore his Death, and received a Note from under his said Bro­thers Hand for the same before Witness. He Arrested his said Brother for the said summ before his Death, who then did not deny it, but said he'd Pay'd it, and forgot to take up his Note, and at other times, that he had pay'd more than that came to, for the said Charles in his Minority: But his Wife Swore in Court that there never was such a Sum Lent, tho' she had own'd before, that there was to several of her Neighbours; The said Jones also Swore that the said Note was forged by the said Charles, tho it was Impossible for Jones to know any thing, relating to the 105 Guineas, un­less by heare say; upon which Evidence, the Jury (being Neighbours) or Friends to the said Widdow, and believing what she had so often related with Tears, found the said Charles Guilty of the said Subbornation and Forgery, tho the known Character of this Jones, alias Ambrel, alias Clem­ent, is that of being a common Evidence, of having been divers times Perjured, as appears in Mr. Coopers Tryal, for the supposed Murther of Mrs. Stout, by the Name of Clem­ent, Page the 31, and his Perjuries in Westminster-Hall; of going by several Names; of Marrying Women for Guineas a peice, and then going to Sea,

9. For having Two Wives, the Evidence against him was one Hollingworth, who for his Crimes in France, was mark'd with the Flower-de-luce, and who here Passes, som­times for a Priest, somtimes for a Parson, and is of a poor, but scandalous Life and Conversation, the matter which gave ground to this Tryal, was Hannah Goodridge, formerly en­deavoured [Page]to Father a Bastard on the said Charles, but failing of her Intent, us'd all possible Endeavours with the said Hollingworth to pretend that he knew her to be the Wife of the said Charles, upon Notice thereof the said Charles, went to the said Hollingworth to inform himself of her said endea­vours, upon which the said Hollingworth told him, that as he knew of no such thing, and to free the said Newey, from any further Apprehensions, he the said Hollingworth, was both willing and desirous to declare the whole Truth of the said Hannah Goodridges Proceedings, and Endeavours with him, relating to the said pretended Marriage before some Magistrate upon Oath.

10 So by Mutual consent, the said Newey and Hollingworth first went to Mr. Hatchres Chambers, who is of a clear Cha­racter, where he Drew himself, what he had a mind to Swear to, which Draught of his, was produced in Court, and Oath made by the said Hatcher, that the said Hollingsworth had been several times by himself, at the said Hatchres Cham­bers to perswade him to do it, and Convince the said Charles, that he never said he Married him, &c. And then the said Hollingsworth, and the said Hatcher, went before Roger Me­rideth Esq a Master in Chancry, where the said Hollingsworth, made this following Oath.

11. This Affidavit was produced in Court, and the said Hollingsworth Confessed he had Sworn the same, but pretend­ed that he was forced thereto, by the said Charles, and in the said Tryal, Swore that he Married the said Hannah, to the said Charles, but in a Tavern, without a Licence, or a­ny Witnessess being by, but themselves, and done in Latin. The Jury found the said Charles Guilty, tho no Mortal could belive him Married to her and keep his reason; she was a Servant where the said Charles Lodged, and was to help him to a Fortune, by the Interest she pretended to have, with a Young Lady, where she formerly Lived, to carry on which Intrigue, he was in the Countrey with her; but when Sworn to Cohabit with her, he was in a Noble Peers Family, which can be easily prov'd; When she was asked in Court, what Portion Mr. Newey had with her, she answred some Dishes, Kettles and a Featherbed; An Inviting Bargain.

12. The 4th Crime he was Charged with, was Hanging Tyburn with Mourning. His Enemies thought fit not to pro­ceed therein, being Sensible, that he could not only make his Innocency therein appear, but also prove that the said Report Originally was both Groundless and False; tho the said Widdow Swore, the said Charles did it, as appears by his Commitment, and that he had often acknowledged it to her. This is the height of Wickedness, and only what she could be Guilty of. Can there be a greater Instance of the said Charles's being Innocent of every thing he's Charg'd with, that the Gallows was never Hung with Mourning? Does any thing so much Demonstrate the said Widdow's Perjury, and Designs in accomplishing her Brothers Ruine, that she might be sure of what she so basely got, to his Prejudice.

13. He humbly Intreats, that it may be Observed, that the only reason, or Motive that mov'd the said Widdow to Charge him with, and have him Prosecuted for these Crimes, was only to Insure herself, and the said Suite in Law, con­cerning his Brothers Will: The Witness against him own'd themselves Perjured, both having Sworn the Contrary before that time, the one before Justice Ellis, and the other before a Master in Chancrey, one under pretence, that he did not know what an Oath meant, tho he's a known Evidence in Westminster-Hall, a Perjur'd one in Mr. Cooper's Tryal, and a Villain by Profession; the other that he was forced to it; Was ever Man before him forced to Forswear himself in Chancery? He might as well be forced to Committ Murther, and then say he did not know what he did, or Robb and say, that it was Necessity that forc'd him to it; the Law has no Regard to such Excuses; The believing on Perjur'd wretenes is confounding or right and wrong Con­verting the very order of all things. Can any one be so easily Impos'd up­on, as to Imagin, that he who will Forswear himself at one time, will not be brought to do it at another, or when ever he finds it his Interest so to do, and that if the said Charles, had Suborn'd this Fellow as is pretended, it must have been to have kept him Company in Swearing against his Sister, which never was: Is Perjury to be Encouraged, or a thing to bless God for, or a Subject to begg a Petition upon, of any real use to a Society of Men. If such Wretches Oathes as these are taken, our Judges and Juries will pass by the Guilty, and Destroy the Innocent. A known Highway-Man when taken, has no way to come off, but his turning Evidence, by which hee'l save his Life and get Money to boot; what Innocent Persons will he not Accuse to make up his Number: If these things be suffered, what certainty has any Man, of his Life or his Estate. Truth sure, cannot Ar­ragn the Justice of our Nation whose Cheifest blessings is Liberty, it would be hard to be English-Men, and to have no other Benefit by our Births, then the Fresh Air, or Sun Shine; 'Its Impossible to Insert one Quarter of the Af­fidavits, Letters, Notes, and what would certainly Clear him, in his Cir­cumstances, which are worse than, he's willing to Express, or let the World know: Every one's Brib'd to use him Ill, and get him believ'd the worst of Men, the said Widdow to make sure of his Ruine, she that was but a Servant Maid, to his said Brother, by procuring him a greater Num­ber of Enemies, and Rendering him Obnoxous to the Government, in Charging him with Hanging the Gallowes in Mourning; having gain'd her Ends, (as she Imagins) in his being Thrice Pillory'd, once before her own Door; A pretty Credit or reward for her Husbands Favours, Burnt in the Hand, and Secured in Prison, by a Fine of 320 l. she Judg'd it not Conve­nient to make any further use of that Alligation, least her Mallice, and sin­ister Proceedings should thereby be made appear: By these proceedings, he hath lost all hopes of any Benefit by his Brothers Will, is rendred uncaple of suing for several Debts of considerable Value: Depriv'd of the Expecta­tion of a Considerable Post, which he'd reason to hope for, through the Interest that was made for him by divers Persons of Quallity and others; he's Robb'd of his Honour and Reputation, which with great Difficulty, Hardship and Danger, he had Purchas'd, and is Abridg'd of his Liberty, by a Fine which is not in his Power to Discharge.

14. And he solomnly Protests, that if he is not perfectly Innocent, of all and every of the aforesaid Crimes, or if he knows any other Reason, or Motive that could induce the said Widdow Newey, or the Witnesess to Charge him therewith, besides what is already related, it being what he Vow'd when he thought himself a Dying: He beggs the Almighty may never Pro­sper him in this World, nor his Sins be forgiven him in the Next.

15. As for his Comportment in regard of the Govrnment, he rests assured that there is not one person of either Honour or Credit to be found in the whole Kingdom, that will Charge him with the least Disrespect thereunto.

16. And tho' he hath through Indiscretion been an Enemy to himself, yet see­ing he hath never been charg'd in all his whole Life before his present Misfortunes with any thing unbecoming a Gentleman, he hopes the perusal of this Case will prove acceptable to those who through no other cause, but the Malicious Aspersions of his Enemies, had entertaind an Evil Impression of him; the only thing he Wishes for, is that his Enemies may never Die until they acknowledge his Innocence, and their own Malice: the World sees and knows, that there was not a Creature that Swore against him, but what own'd himself Perjur'd; so he may be Innocent, and no Affront to those who believ'd him Guilty: He's Prosecuted by a Sister in Law, who does not think her self secure till she has his Life. Those that Reproach us with any thing we are not Guilty of, tell us we ought to Afflict our selves, no more than if they told us we were Sick, when we were Well. And tho' the said Charles did appear before Justice Ellis with this Jones, and was often with him for the Reasons aforesaid to his great Misfortunes, yet in that it was not alledg'd by his very Enemies that he did ever make use of him at Doctors-Commons, or where else he had occasion as he must have done; had he Subornd one who owns himself Perjur'd, and of no Credit, and not to be depended upon for any one thing, all which cannot but be admitted as a great mark of his Innocency, and being Barbarously wrong'd as also that he never in the least obsconded, notwithstanding his Knowledge of his Enemies Malice which he must have been a Mad Man not to have done had he in the least suspected himself Guilty, of so much as of a thought of what he is Charg'd with.

Now let the World believe if they can, that the said Charles Newey is Guilty of any one thing that's laid to his Charge, I say now Mr. Allen the famous Sub-Ordinary of Newgate and a promoter of his Misfortunes is Married to his Sister, or raither Malicious Prosecuter, But I am Dumb and shall only assert that no Creature has never been more wrong'd then.