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 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.