THE TRYAL OF • Rowland Walters, Gent. , • Dearing Bradshaw, Gent. , and • AND Ambrose Cave, Gent.  (For Murthering of Sir Charles Pymm, Bart.) At the SESSIONS held at the OLD-BAILEY, On Friday the First day of June, 1688.
Before the Right Honourable Sir John Shorter Kt. Lord Mayor of the City of London, and Sir Bartholomew Shoares Kt. Recorder of the same City, together with others His Ma­jesties Justices of the Peace for the City of London, and County of Middlesex.

Clerk.

CRyer, make Proclamation.

Cryer.

O yes, O yes, O yes.

Clerk.

Keeper of Newgate, bring the Pri­soners to the Bar.

Which was done.

Clerk.

You the Prisoners at the Bar, those men whom you shall hear called, and personally appear, are to try between our Sovereign Lord the King, and you who are Arraigned, upon your several Lives and Death, if you shall except against any one of them, you must speak before they be sworn.

Clerk.

Cryer, call Henry Dyer.

The Iurors Sworn are as followeth.
  • Henry Dyer
  • Giles Baggs
  • Matthew Jerman
  • Timo. Waldoe
  • Richard Chase
  • Samuel Burgess
  • William Villers
  • John Frith
  • John Hill
  • Obadiah Hickman
  • John Read
  • Francis Willis.

Which were all Sworn.

Clerk.

Cryer, count these Twelve Good men and True.

Clerk.

Cryer, make Proclamation.

Which was done.

Clerk.

You Gentlemen of the Jury, look upon the Prisoners at the Bar, and hearken to their Charge, they stand Indicted by the Names of Rowland Wal­ters, Dearing Bradshaw, and Ambrose Cave, Gent. for that they, not having the fear of God before their eyes, but being instigated and seduced by the Devil and their own wicked hearts, on the fourth day of May, in the Fourth year of the Reign of our Sovereign Lord King James the Second, in the Parish of St. Nicholas Cole-Abby, in and upon Sir Charles Pymm, Bar. Felloniously, willfully, and of their malice before thought, did make an Assault; and that he the said Rowland Walters, having then and there in his right hand, a certain Rapier made of Iron and Steel, of the value of about 5 s. and thrust him the said Sir Charles Pymm [Page 2] in and upon the right side of him the said Sir Charles Pymm, a little above the right Pap, did strike and thrust as aforesaid, giving him the said Sir Charles Pymm, a little above the right Pap, one mortal Wound of the bredth of one Inch, of the depth of ten Inches; and that they the said Dearing, Bradshaw, and Ambrose Cave, were present, aiding, abetting, and assisting him the said Rowland Walters in the perpetration of the said wilful Murther of him the said Sir Charles Pymm; so that they three, the Prisoners at the Bar, with Malice fore-thought, did intentionally Kill and Destroy, and willfully Murther him the said Sir Charles Pymm, against the Peace of our Sove­reign Lord the King, his Crown and Dignity, and against the Form of the Statute of that Case made and provided. Upon this Indictment they have been Ar­raigned, and have hereunto pleaded Not Guilty, and for their Tryal, have put themselves upon God and their Country, which Country you are. Your business is to enquire, whether they or either of them committed this Fellony and Murther as aforesaid, if you find them or either of them guilty of the said wilful Murther, you are to enquire what Goods and Chattle they or either of them had at the time of the committing of the said will­ful Murther; but if you find them not Guilty, you are to say so; and hear your Evidence.

Mr. Walters.

My Lord, I humbly desire these Gentlemen may be tried before me.

Court.

That cannot be, Mr. Walters, because you are all three put into one Indictment.

Council for the King.

My Lords, and you Gentlemen of the Jury, I am here retained a Council for the King, against the Prisoners at the Bar, who all three stand indicted for the Murther of Sir Charles Pymm Baronet, in the Parish of St. Ni­cholas Cole-Abby, thrusting him through the Body near the right Pap, giving him a Mortal Wound, of which he then and there instantly died. The other two Prisoners stand indicted for aiding, abetting, and assisting him the said Walters in the said Murther.

Another Council for the King.

My Lords, this Murther fell out on the fourth day of May last after this manner, viz. The said Sir Charles Pymm, one Mr. Mirriday, and Mr. Neale, and Sir Thomas Middleton and others, dined at the Swan Tavern upon Fish-street-hill; after they were come into the House, they went up stairs, after which the Prisoners at the Bar came into the House, and took another Room to Dine of Beef and other things. But one of Sir Charles's Company desired to have a Plate of it; upon which Mr. Clowdsley told them some Gentlemen had bespoke it for Dinner, but he said he would get them a Plate of it, which was sent up, and ordered to be reckoned into Mr. Walters the Prisoners Bill; after Dinner they drank their Healths, and returned them thanks for their Beef; and towards the Evening Sir Charles Pymm and his Friends came down stairs, and met the Prisoners at the bottom, and Mr. Cave asked them how they liked the Beef that was sent up; upon which one in the company answered, and told them, they did not send it, for they had paid for it; upon which farther words arose, and Mr. Bradshaw drew his Sword and fell upon Sir Charles Pymm, but he got out into the Streets, after which Mr. Walters came forth, and plucked Sir Charles Pymm by the arms, and forced him to fight with him, saying, here is my hand, and here is my Sword; and as soon as he was in the Street, he received this mortal Wound, and so fell down dead; and after this Mr. Walters took him by the nape of the neck, and dashed his head upon the ground, and cried out, God Damm you, you are dead; and said farther, let the Sword alone in his Body. My Lords this shall be pro­ved to be done, without any manner of provocation; and if so, I hope your Lordships will find him guilty of willful Mur­ther.

Cryer.

Call Mr. Mirriday, Mr. Neale, Mr. Palms, and Mr. Bridges.

Who were Sworn.

Mr. Mirriday.

My Lord, on the fourth day of May last, on a Friday, Sir Charles Pymm, my self, and these Gentlemen here in Court, came to dine at the Swan Tavern in Old Fish-street, we asked for Meat, and Mr. Clowdsley, the man of the House, told us, we might have Fish, for he had no Meat, but what was bespoke by Mr. Walters and his company; we de­sired him to help us to a Plate of it if it might be got, which we had brought up stairs; after Dinner we drank the Gentle­mens Health that sent it, and returned them thanks for it: a while after Sir Thomas Middleton went away, and about an hour after that, or thereabouts, Sir Charles Pymm and the rest of us came down to go away, and when we were in the Entry, Mr. Cave met us, and asked Sir Charles how he liked the Beef that was sent up, who answered, we did not know you sent it, for we have paid for it; then the Boy that kept the Bar told us, that he did not reckon it in the Bill; upon which Mr. Cave seemed to take it ill. But my Lord, I cannot be positive whether Mr. Bradshaw and Mr. Palms were at any words. Then I took Mr. Cave to one side into the Entry, and he thought that I had a mind to fight him, but I did what I could to make an end of the quarrel.

Upon which the Court highly commended Mr. Mirriday.

Court.

This was in the Entry; but where was Sir Charles Pymm?

Mr. Mirriday.

He was then in the Entry.

Court.

Where was Mr. Walters?

Mr. Mirriday.

He was at the door my Lord, but I cannot swear positively to any particular passage, as to the Murther, but Mr. Walters called Sir Charles Pymm Rogue, and gave him very ill words, and I saw him take him by the neck, and forced his head downwards, and said, God Damm him he is dead, to the best of my remembrance my Lord. Then I took Sir Charles up in my arms, and pulled the Sword out of his Body, and then Mr. Walters said God Damm him, let it stay in his Guts, or in his Body, or words to this effect.

Court.

Was Mr. Cave or Bradshaw at the place where Sir Charles fell?

Mr. Mirriday.

No my Lord, they were in the Entry scuffling there.

Court.

What came of Mr. Walters afterwards?

Mr. Mirriday.

My Lord, he stayed a little till I had pulled the Sword out of his Body, then he run away.

Court.

Did they draw their Swords in the Entry?

Mr. Mirriday.

I cannot tell that.

Court.

Did you see them draw their Swords?

Mr. Mirriday.

I cannot say Sir Charles Pymm's Sword was drawn, but I saw Mr. Walters draw his Sword in the Street.

Court.

Do you know whether Mr. Walters was wounded or no?

Mr. Mirriday.

I do not know that, for I did not see the Wound given.

Court.

Mr. Walters, will you ask him any questions?

Mr. Walters.

Yes my Lord: Mr. Mirriday, what did you say to Sir Charles Pymm in the Fish-mongers Shop? did you not say, go and fight him, and I will be your Second?

Mr. Mirriday.

My Lord, I do not remember one word of that.

Court.

Mr. Mirriday, were you in any Fish-mongers Shop?

Mr. Mirriday.

Yes, My Lord, I was there, but I do not re­member one word between Mr. Walters and Sir Charles, and as I hope for Salvation I said no such thing, and that's all I have to say.

Clerk.

Cryer, call Mr. Neale.

Mr. Neale.

My Lord, I went and met with these Gentle­men that dined with us at the aforesaid Tavern, and we had Fish, and two Beef Marrow bones, and a Plate of Beef for Dinner; and when we came down to go away, these Gen­tlemen met us, and said, God Damm you; how did you like the Beef? which raised a quarrel amongst us, but immedi­ately after I thought it was all over, I saw Mr. Walters run Sir Charles Pymm thorough.

Court.

Was his Sword drawn?

Neale.

Yes, both of their Swords were drawn.

Court.

Where was Mr. Bradshaw?

Neale.

I cannot tell where he was directly: But my Lord, I heard Sir Charles Pymm say nothing to Mr. Walters.

Clerk.

Cryer, call Mr. Palms.

Palms.

My Lord, after the reckoning was paid, we came down Stairs and called for a Coach, and because it rained there was none to be had; and these Gentlemen followed us into the Entry, and so words to the same purpose as aforesaid passed between them; after which I met Mr. Bradshaw, and we fell out in the Fish-mongers Shop.

Court.

Who began?

Palms.

I know not, I cannot remember that.

Court.

Were you not in Drink?

Palms.

My Lord, we drank nine or ten Bottles among six of us; after which Mr. Bradshaw and I drew our Swords, and then Mr. Mirriday came and took him away from me into the Entry, and in the mean time while we were talking in the Entry, the business was done.

Court.
[Page 3]

Were your Swords put up again?

Palms.

I had put up mine.

Council for the King.

Did you take notice of what passed between Mr. Walters and Sir Charles Pymm?

Palmes.

I heard nothing of high words.

Court.

Yes, yes, it was all about the Beef.

Clerk.

Cryer, call for Mr. Presland the Bar-keeper.

Presland.

My Lord, I made the Bill for the Reckoning.

Court.

Did you put the Beef into the Bill?

Presland.

No, I did not, when they came down Stairs, the Coach was fetched for them, viz. for Sir Charles Pymm and his Company, and the Reckoning was paid; when Sir Charles Pymm and the rest of his Company came down into the Entry, Mr. Walters came out of his Room, &c. and I heard them argue about their Dinner, and they came to me, and asked me what was to pay for Beef, and I told them nothing.

Court.

Did you see the man killed?

Presland,

My Lord, I did not see him killed, not I.

Court,

Who was it that quarrelled with the Coach­man?

Presland,

My Lord, Mr. Neale quarrelled with the Coachman about his staying, the Coach-man refused him, because his Horses were hot.

Clerk,

Cryer, call Mr. Brummidge.

Brummidge.

My Lord, between Eleven and Twelve a Clock in the Morning on the 4th. of May last, Sir Charles Pymm came to Mr. Cloudsley's Door in a Coach, and asked him what he might have for Dinner, who told him that he might have a Mullet and some Smelts, and I sold a Mullet to Mr. Chowdsley, so Sir Charles went to the Exchange, and I saw no more of him till I saw him Kill'd. While I was in the House, came in one Mr. Allen and others to enquire for Sir Charles Pymm, and Mr. Cloudsley told them that he had be­spoke a Dinner and was gone to the Exchange, viz. a Mul­let and some Smelts, but one of the Gentlemen desired a bit of the Beaf that was at the Fire, so Mr. Cloudsley said he would get a Plate for him; so I went to the Door and the Coach-man came, and his Horses being hot, he desired to go away because it Rained, but Mr. Neale put his Foot-boy into the Coach, and the Coach-man after pull'd his Boy out of the Coach and drove away; and after that, I saw Mr. Cave and others come to the Door and Justled each other in­to the next Shop and were at very high words, and so after­wards they went into the Entry again, and Sir Charles Pymm and Mr. Walters came, without the Door, the Latter of which said, Here is my Hand, and here is my Sword; but they re­turned both in again into the Tavern, and within two Minutes came out again, and I saw Mr. Walters Thrust Sir Charles Pymm through his Back.

Court.

Did you see him do any thing to him after he was down?

Brummidge.

No my Lord, I did not.

Court.

Did you not say that Walters went over the Ken­nel and drew his Sword and stood upon his Guard, and then you say that you saw Sir Charles Pymm come out with his Sword Drawn; was his Sword Drawn?

Brummidge.

I did not see him draw it, but it was Drawn.

Court.

Where did he receive his Wound?

Brummidge.

Within a Foot of the Kennel; I was but a little way off, but I did not see him beat his Head against the Ground.

Clerk.

Cryer, call Mr. Fletcher.

Fletcher.

My Lord, on Friday in the Evening on the 4th. of May, I was going by the Tavern door about Seven a Clock at Night, and I heard a noise and a talking of going to the other end of the Town to be Merry, and turning my self back to hearken further, I saw Mr. Walters come out of the door and drew his Sword, and Sir Charles Pymm came out and drew his Sword, and presently Mr. Walter's Sword was through Sir Charles Pymm's Body almost a Foot, and he fell down Crinkling immediately, and when he was down, I saw Mr. Walters hit him in the Kennel, and took him by the Nape of the Neck, and after cryed, God Damn him, let the Sword stick in his Body; and afterwards I saw Mr. Mirriday pull the Sword out of his Body.

Court.

Did you see Mr. Bradshaw there when Sir Charles fell?

Fletcher.

No my Lord, I saw none there but Mr. Walters and Sir Charles, they were out of doors, and the rest were in the Entry.

Mary White and Sarah Webb were called, who could give little or no Evidence as to matter of Fact, as concer­ning the Death of Sir Charles, and being Timorous, could not see what they might have seen, therefore think fit their Depositions at Large should be omitted.

Clerk.

Cryer, call Mr. Allen.

Allen.

I know but very little of the matter, but that there was a Plate of Beef sent up to us, but we knew not from whence it came, till afterwards the Drawer brought us word that the Gentlemen below had sent it up, after which we drank their Healths and returned them Thanks for it after which I went to the Coffee-House hard by, and sat about half an hour, and presently heard a cry of Murther, and I came down and saw Sir Charles Pymm lying with a Wound in his Body, and another in his Head, but I did not know who it was, not then; but I asked who did this Business, and exhorted the People to take them as soon as they could.

Court.

I think you said that Mr. Bradshaw's Sword was Drawn.

Allen.

Yes, it was, but I believe that he did not know that Sir Charles Pymm was Killed.

Mrs. Sheepwash was called, but could depose nothing material.

Court.

Mr. Walters, you have been here Indicted together with Mr. Bradshaw and Mr. Cave. for the Murther of Sir Charles Pymm Kt. and Baronet, you have heard what Charge hath been laid against you, which hath been a very strong, one and now it behoves you to make your Defence as well as you ean.

Mr. Walters.

My Lord, I was no way the Occasion of the Quarrel; when I came thither, I asked for some Meat, and having not eaten all the day before, we had a piece of Beaf, of which Sir Charles Pymm and his Company had some, who afterwards drank our Healths as I was informed. For my part my Lord, I never saw the Gentleman before in my days: My L. I am very sorry it should be my misfortune to kill him in the Quarrel. Sir Charles Pymm asked me saying, God Damn you Sir, what I had to do to meddle; I went presently my Lord to a Fish-mongers where Mr. Mirriday was, and Sir Charles Pymm came, and Mr. Mirriday said to him, Sir Charles Damn you Sir, go and Fight him, and I will be your Second, and presently they came upon me and I Drew my Sword in my own Defence, and he run me Eight Inches into the Thigh, and at the same Pass, I had the misfortune my Lord, to run him into the Body.

Court.

Would you ask Mr. Mirriday any Question?

Walters.

Yes my Lord. Mr. Mirriday, did you see me strike Sir Charles's Head upon the Ground?

Mirriday.

No Sir, I did not see that, neither did I say any fuce thing in the Fish-mongers Shop, as to bid Sir Charles Fight you.

Clerk.

Cryer, call Matthew Perin.

Perin.

My Lord, all that I saw of the Business was, that when the Coach-man was called to the door, Mr. Neale came and threatned him if he did not stay; then Mr. Cave and Mr. Bradshaw was in the Entry, and I heard them discourse about Beef, and some of them said, you give us Beef and make us pay for it, and there was answer made they were Rascals that said so, for they did not. There was one of the Gentlemen in our Shop hearing of it, said, Let me come to him, I will Fight him.

Court.

Do you know the Man?

Perin.

No, I do not know who it was.

Mr. Walters.

I was Wounded at the same time my Lord.

Court.

That is admitted of.

Mr. Walters,

Let him be asked whether I beat the head against the ground.

Perin,

No, my Lord, I did not see him do that.

Court.

He had a Wound, the question is, how he came to it, whether he might not fall upon it himself, it was a slanting Wound.

Mr. Walters,

Pray, my Lord, let Sir Charles's Sword be seen all blood, but that gave no satisfaction on either side.

Court.

Mr. Bradshaw, what have you to say for your self?

Mr. Bradshaw,

My Lord, I was there, but I know nothing of the Death of Sir Charles Pymm, nor how he came by it, there was some words arose amongst us, and I desired them to cease, for fear a further quarrel should ensue upon it.

Court.

Mr. Cave, What have you to say?

Mr. Cave,

I know no more of the matter than this Gentle­man saith: I saw not Sir Charles Pymm killed.

Clerk,

Cryer, make Proclamation.

Cryer,

All People are commanded to keep silence upon pain of Imprisonment.

Then Mr. Baron Jenner summed up the Evidence as fol­loweth.

Bar. Jen.

Gent. of the Jury, you have three Persons, Indicted viz. Mr. Walters, Mr. Bradshaw and Mr. Cave, for Murther­ing [Page 4] Sir Charles Pymm Baronet, and have had several Witnesses called for the King against the Prisoners at the Bar, the first to which was Mr. Mirriday, and he gives you this Account, and it is all that each and every one gives, and it agrees on all sides; and he tells you, that all those Gentlemen were to Dine at Mr. Cloudsleys, at the Swan Tavern in Old Fish-street; and that they were there at Dinner it is very plainly proved. And being there, it seems that some of those Gentlemen had bespoke a Fish Dinner, some Flesh, and had some, viz. a Plate of Beef; and he tells you also that when Dinner was over, some Words did arise concerning the Reckoning, and that one of the Companies were got down Stairs in the Entry, where a further Quarrel did arise. Mr. Merriday tells you further, that Mr. Bradshaw and he Quarrelled, so there was a Scufflie in the Entry; after which things were pretty well quieted there, in comes Mr. Walters and Sir Charles Pymm, and while Mr. Mirriday was securing the first Quar­rel, they, viz. Sir Charles Pymm and Mr. Walters were got out at the Door, and Sir Charles was stooping down, and Mr. Walters was pushing upon his Neck and throwing him down.

So said Mr. Mirriday, and when he went to take the Sword out of his Body he saw him a dying Man.

The next Evidence was Mr. Neale, and he observes to you, that one of the Gentlemen did say, that the Quarrel was not intended against them; and he gives an account of the Story, how that it was about the Beef; how that Sir Charles was Run through by Walters, but did not see him knock his Head against the Ground.

Mr. Palmer gives the like Account, and saith; that whilest they were a Scuffling in the Entry, Sir Charles was Kill'd at the Door.

The next Evidence is the Drawer, who tells you of a Squab­ble that Mr. Neale had with the Coach-man at the Door; and how that there was left four of the Gentlemen behind, and that the Coach-man was unwilling to Wait because it Rained, his Horses being Hot, they might catch Cold; whereupon he put his Foot-boy into the Coach, and threatned the Coach-man if he went away: This was before they fell out about the Meat.

The next Evidence was one Brummidge the Fishmonger, he gives the same Account, how that a Quarrel was amongst them, and how that Mr. Walters was on one side of the Ken­nel, and Sir Charles Pymm on the other side, and there they stood with their Swords drawn, and as soon as they came to Close they Wounded each other, and Sir Charles Pymm was Killed, but he did not see his Head knock'd against the Ground.

Comes Fletcher my Lord Mayor's Officer, and he tells you that he was going by the Door home into Bread-street, and he sees a Man that was wounded stooping down; and he Swears that Mr. Walters took him by the Nape of his Neck, and knock'd his head against the Ground, and heard him Swear, Let the Sword stick in him. Sarah Web and another Wo­man speaks it to be in the like manner; and one of them talks of Mr. Walter's pulling Sir Charles Pymm out of the Entry before he would come out.

Last of all Gentlemen, here was Mr. Allen, one of their Company, who went away to the Coffee-House, and hearing Murther cryed out, he came and found Sir Charles Pymm Kill'd and quite Dead. This, Gentlemen, is the Evidence that you have heard as near as I can give it you.

Now for the Prisoner Mr. Walters, he would have you believe, as if Sir Charles had struck him before he drew his Sword, but he hath not proved it: Likewise speaks of Mr. Fletcher, but he doth not remember that Sir Charles Pymm struck him before he drew: But so it was, Gentle­men, that was a quarrel in which that Honourable and Worthy Gentleman, Sir Charles Pymm, lost his Life.

Now for Mr. Bradshaw, he confesseth that there was a quarrel, but he saith that he did not know when or how Sir Charles Pymm was killed; and for Mr. Cave, I do not find any thing objected against him, nor either of them.

Now, Gentlemen, I must tell you what the Law is in this case: First of all to begin with Mr. Walters, so as it fairs with Mr. Walters, so you may be guided to deal with the other two: Now it hath not been made appear by any of the Evidence that you have heard, that there was any premeditated malice between them, for they were never in company before, and knew not each other, so that there could be no manner of malice from him in particular.

The next step, Gentlemen, is, Here is nothing that can impute a general malice upon Mr. Walters, for if I had no design to kill a man, and kill another with whom I do not quarrel, that cannot be any premeditated malice; but I ra­ther think that there was a little heat of Wine amongst them: And this whole Action was carried on by nothing else but by a hot and sudden Frolick, and I am very sorry that it should fall upon such a Worthy Gentleman as he was: And if so that there was no malice premeditated, then he can be found guilty of nothing but Manslaughter; and as for the other two, they must be totally acquitted: if I have erred in the Sum­ming up of these Evidences, or mistaken my self in any Point, here are my Brothers to help me.

Then the Gentlemen of the Jury withdrew for about the space of half an hour, and returned into Court: Upon a scruple of Conscience, one amongst them spoke to the Court as followeth.

Jury.

My Lord, We are not satisfied in our Consciences con­cerning the death of Sir Charles Pymm, we find in it Malice fore thought, because after he had run the Sword through his Body, he was not satisfied with that, but must knock his head against the ground: So we do take it, that the said Sir Charles Pymm was maliciously Murthered.

Mr. Justice Allibone.

Gentlemen of the Jury, I shall endea­vour to direct you in this Case, and tell you what the Law saith in it, that it cannot reach mans Life, where no propense Malice is proved; that there is none proved, appears very plain to me, and I hope also to you, because it hath been proved that those Gentlemen, viz. the Prisoners at the Bar, and the deceased, had never been in company before.

Gentlemen, You are upon your Oaths to serve the King as Jury-men, and I, as a Judge, am upon my Oath to try the Cause as well on the behalf of the Living as the Dead: So that upon the whole Matter, Gentlemen, this can be called no­thing else but a Storm, an ungoverned Storm that such men are subject to; so that it doth not reach precedent Malice but subsequent Passion, which sad Passion was continued to that height, that Sir Charles Pymm in the midst of it lost his Life.

Then the Jury went out again for about a quarter of an hour, and returning brought Mr. Walters in Guilty of Man­slaughter, but the other two were acquitted.

GOD SAVE THE KING.

With Allowance.
C. N. June 4: 1688.

LONDON, Printed by George Croom, at the Blue-Ball in Thames-street, near Baynard's Castle, 1688.

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