Chapter VI: Part 6

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

_Walter Davis_ had two years before been drinking with Hulet in Dublin, and

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

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

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

_Col. Thompson_ and _Benjamin Francis_ both saw the execution, and said that it was a man disguised in a light wig that cut off the King's head.

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

that he was in Rosemary Lane a little while after the execution
of the King, drinking with the hangman [_i.e._ George Brandon],
that he did urge him whether he did this fact; God forgive me,
saith he, the hangman, I did it, and I had forty half-crowns for
my pains.

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

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

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

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

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

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

Hulet was brought up for sentence on the 16th of October, and sentenced to death in the usual way, with other prisoners. At the same time he was informed that his execution would be delayed in order that the King's pleasure might be known. He was eventually reprieved.[41]

FOOTNOTES:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

COLONEL TURNER AND OTHERS

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

The foregoing persons were all indicted together, the first three for committing burglary on the 7th of January 1664 at the house of Francis Tryon, and stealing a quantity of jewellery, some gold, and L1023 in cash; Mary, who was the wife of James, and Ely for receiving and comforting John the next day.

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

All the prisoners pleaded Not Guilty.

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

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

LORD CHIEF-JUSTICE HYDE--Pray, Sir Thomas Aleyn, tell your
knowledge to the jury.

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

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

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

I met with two maids that were the persons to shew me the place:
the maid told me these were the maids. I bid them come behind
me. At the further end of all the Minories I went into the shop,
and found col. Turner with his hands in a chest: I charged him
to take nothing out, and not to stir himself. There were two
wallets, one of L100 and the other L200. I took the keys from
him, laid them upon the compter: I went with him into the next
room, which was the kitchen, and in another chest was two
wallets more: and now the gentleman was speechless. I told him
it was just as I told him the last night, that your roguery
would come out; what (said I) is become of the rest of the
money? Says he, Your haste will spoil all. I called in the maid,
to examine her: but she was fearful, and so trembled there was
no examining her before col. Turner. But in conclusion, said I,
Col. Turner, if you will tell me whether this be Mr. Tryon's
money, I will do you all the favour I can. Says he, I cannot say
it is his money. I called for a constable, and made a Mittimus
to send him to Newgate, thinking he would discover the truth.
Said I, Will you give me your examination? He did: It is in
court. I asked him whence this money came? He told me it was
removed by himself, his wife and children this morning.

TURNER--My son and I, I told you.

SIR T. ALEYN--I asked him where he had received it? He told me
at a goldsmith's 14 days since: He did not remember his name. I
asked why he should remove his own money? His answer was, He did
remove it for two or three days, till this foolery was over.
When I saw I could get nothing further from him, I discoursed
with him touching the remainder of the money and the jewels.
Says he, Sir Thomas, do not trouble yourself, you will lose the
jewels and the rest of the money by this course; and, says he, I
am now in pursuit of them. If you will give me leave to go to
the old gentleman, I know all will be well. I was not content to
let him go: But presently we called a hackney-coach, and myself
and him, and major Tasker went, and carried that money to Mr.
Tryon. When we came there, I told Mr. Tryon I thought we had
brought L500 of his money; and I did not doubt but I had brought
a person that could tell of the rest of the money and jewels.
Col. Turner desired to speak with Mr. Tryon himself in private.
I gave him leave. He calls me a little after: Sir, says he, Mr.
Tryon and I am agreed; I must have this money delivered to me
again; I have assured him he shall have all his money and jewels
again by 3 this afternoon. I told him I could not agree that he
should have the money back again, pressed him that he would stay
there, and send for the rest of the money and jewels. But he
[_i.e._ Mr. Tryon] would (if I did not) trust him: Mr. Tryon
would have the rest of his money and all his jewels again.

TURNER--I said, I would endeavour it.

SIR T. ALEYN--If he had said he would have endeavoured it, I
would not have parted with him; but he said he should have the
money and jewels, etc.; I told him I would meet him at that time
at Mr. Tryon's. Then I took Mr. Tryon, and said Whatever promise
you have made in private, you must excuse my assenting to
anything against the law: But do not tell him of it, lest you
lose the jewels: I must commit him to Newgate, and I must bind
you to prosecute him. He desired me if I would not come so early
as 3, not till 4 or 5 of the clock, and all would be brought
thither. I staid till about 4. In the interim, I heard some
particulars, what these maids would testify; which testimony had
I received before I had parted with him, I would not have parted
with him for any consideration. But when I came thither in the
afternoon, I heard col. Turner was arrested, and was then at the
Hoop-tavern with the officers. I sent immediately the Marshal
and his men to bring him to me. The officers and he came; and
then col. Turner told me, I had brought all these things, but
the officers prevented me; I was a very unfortunate man: Give
me leave but till to-morrow morning at 9, and you shall have
all. Said I, I have now heard more; and you must produce the
money and jewels if you expect any favour from me, or I know
what to do. He pressed very hard for an hour, or almost two,
that he might be trusted to go for them; if he did not go Mr.
Tryon would lose the rest of his money and jewels. I told him I
had rather they should be all lost, than I should forfeit my
discretion and reputation. And thus he kept us till 7 or 8 at
night. At last he would have gone with one person. I told him,
no: If there were enough to secure you, I might give leave.
Saith he, the party will not see more than one; for his life
would be in danger. Whither would you go? I would go, saith he
(to my best remembrance) to Tower-Hill or Whitechapel. I should
have met him at 5; and now I must meet him about 9. I will call
in the officers: They will tell you, your being upon a Judgment,
they will not part with you without the Liberties: Nor will I
give leave, because the Sheriffs will blame me. The officers
said they could not go without the Liberties, for it would be an
escape in law. Pray give me leave to go near those places, and I
will send. Nay, then you may as well send from hence. He begged
leave to go to the Hoop-tavern, and send for his wife; which I
did grant. And there he did send for his wife. They brought me
word he had sent his wife for the jewels and the rest of the
monies. He sent to me not to think the time too long, for he had
notice his wife was coming. I directed the Marshal, when his
wife came, he would secure her. About 11 they brought his wife;
who told me also she had delivered the jewels: they thought they
were in two bags. Then he came to me, and desired to speak with
Mr. Tryon in private, and told me Mr. Tryon's soul was pawned to
him, and his to the thief, that no discovery should be made. But
when I examined his wife what money went from her house that
morning, she said she knew of none. Where had you the jewels?
She knew of none: But she had a couple of bags that she was sent
for: Near Whitechapel or the Tower a person should meet her, and
ask what she did there, and she should say she walked up and
down for something that should be given her by a person; which,
if he did, she was to bring it to him that sent her. He did
deliver the two bags, which she delivered to her husband; but
what was in them she knew not. There was sir Thomas Chamberlane,
Mr. Millington, myself and col. Turner, with Mr. Tryon. The two
bags was laid upon a dresser. He told us they were now come; and
having performed his part, he hoped Mr. Tryon would perform his.
Have you performed your part? Have you brought the jewels and
the remainder of the money? He told us the money was not
brought: For the L600 I shall give Mr. Tryon my bond, to pay him
at six months. We pressed to see the jewels: We run them all
over. But I should have told you one thing: She brought a
cat's-head-eye-ring upon her finger. This the gentleman was like
to forget: He delivered it to me, to deliver that with the rest.
When we had told out the jewels we crossed them out upon the
printed paper as they were called. She said all that was in the
paper, except one carcanet of diamonds and jewels, valued at
L200 that is fallen behind the chest or aside. You have L2000
worth of jewels over what is in the paper; but the carcanet
shall be forthcoming. He now pressed that no prosecution might
be, for two souls were pawned (as I said before) and desired an
end of the business. I told him further and pressed him: Said I,
I have staid a great while, and would stay longer, if he might
have the L600 and the carcanet. But when I saw there was nothing
more to be got from him, now (said I) what would you have this
poor gentleman to do for you? What he hath promised you I know
not; he is a stranger to the law: If there had been but you two
had it, and it had not been published to the world, and the
neighbours' public examination taken, somewhat might have been
between ourselves. But would you have this gentleman bring
himself into danger? He will lose all his goods again; for he
will be indicted himself. What will he be the better for
discovery, when he must lose his jewels and money, and be liable
to a prosecution, as you will be, were he so ignorant? Do you
think that I understand the law no better, being a justice of
peace, to bring myself into danger? All the kindness I can do
for you is (to be short), I must send you and your wife to
Newgate. 'How say you, master Alderman?' Then I had better to
have kept the jewels. Those were his words; to the best of my
remembrance he said so. My lord, I asked him several questions:
Why he should give a bond for L600, if he were not concerned in
this business? But he knew not what to answer. Saith he, Will
you not take bail? Said I, I can take no bail: I must send you
to the common gaol, and then I am discharged. Pray send me to
the Compter. No I cannot. Do you think I would make an escape? I
cannot tell; but I would not bring myself into danger. He prayed
me I would give him leave to go home. I must make my warrant: If
the marshal and constable will do anything, I shall not direct
them. He desired his wife might go and fetch some linen.

LORD CHIEF-JUSTICE BRIDGMAN--What day were the jewels delivered?

SIR T. ALEYN--Saturday.

LORD CHIEF-JUSTICE BRIDGMAN--Thursday was the robbery, Friday he
was examined, Saturday the money was removed, and that night the
jewels were brought and he committed.

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

LORD CHIEF-JUSTICE HYDE--Do so, Mr. Turner.

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

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

LORD CHIEF-JUSTICE HYDE--The money was removed from his own
house.

SIR T. ALEYN--Yes; but his wife, children, and maid denied it.

LORD CHIEF-JUSTICE HYDE--Mr. Turner, will you ask him any
questions? What are they?

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

LORD CHIEF-JUSTICE HYDE--You need not tell him that he is sworn;
the court and jury understand it so.

LORD CHIEF-JUSTICE BRIDGMAN--Go on, Mr. Turner; ask your
questions.

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

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

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

SIR T. ALEYN--I pressed him hard; he said he would endeavour it

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

SIR T. ALEYN--There was not one word of this: his Examination
was contrary. He told me L400 was received of a goldsmith, he
knew not his name, and L200 was in his own house; and that he
removed it for two or three days, till this foolery was over. He
said it was his own money. I said, an honest man need not thus
remove his own money. One thing I have omitted: when I was
examining of him in the Minories, word was brought me his son
was fled away at the back door. I bid them run after him; but
they said they saw him leap over a great ditch, he was not heard
of till yesterday, though I sent out my warrants for him.

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

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

LORD CHIEF-JUSTICE HYDE--You are beside the business.

TURNER--My lord, I ask alderman Aleyn whether I did not tell him
this?

SIR T. ALEYN--I told your lordships two souls were pawned, as he
said before.

LORD CHIEF-JUSTICE HYDE--Do not spend your time thus; the
question's short, Whether you are guilty of robbing, or breaking
the house of Mr. Tryon or no?

TURNER--I am as free as any man here.

LORD CHIEF-JUSTICE HYDE--They will not believe your own words.

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

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

LORD CHIEF-JUSTICE HYDE--How came they by the jewels?

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

LORD CHIEF-JUSTICE HYDE--Who was privy to all this?

TRYON--James Turner.

LORD CHIEF-JUSTICE HYDE--Mr. Turner, would you ask Mr. Tryon any
questions?

TURNER--By and by, when I come upon my proof.

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

BRIDGMAN, LORD CHIEF-JUSTICE--Was it not Grainger?

HILL--Yes, my Lord; that that man could counterfeit a will, and
I and Mr. Garret and another good fellow should be the three
executors and a third person overseer, and that would please the
old man. I answered I would not have to do in such an unjust
thing for all the world.

He had been to supper that night at Starkey's, with the maid. He got to the house after the robbery had been discovered, and found the neighbours in the house when he arrived there.

TURNER--This thing touching the will has another face; his uncle
was an acquaintance of Mr. Grainger, his uncle that bound him
an apprentice, that lived in Cripplegate, now in Cornhill. This
Grainger had counterfeited a will touching my Lord Gerrard and
some one else, about an estate. Said I to this young man, You
have an uncle acquainted with a notable fellow, one Grainger,
and your master making no will, speaking merrily, this fellow is
able to make it for him. Ask him if I did not tell him his uncle
was acquainted with such a person.

HILL--You told me so indeed.

BRIDGMAN, LORD CHIEF-JUSTICE--Hill, by your oath you have taken,
did he not persuade you to endeavour that you and he and
Grainger should counterfeit a will?

HILL--He did, my lord, I answered that I would not meddle with
it for all the world.

TURNER--Go, go, go, this is malice; for it was mere jesting with
him.

_Elizabeth Fry_ proved that Mrs. Turner came to her house at six in the morning, and said that 'a friend of hers, a merchant, newly broke, had a wife, and seven or eight children; they desired to secure the money' (which Mrs. Turner brought) 'till they had taken their oaths the money was not in their house.' She said her husband and her son Ely were coming with it. The witness allowed her to put wallets containing money, she did not know how much, into her chest. Mrs. Turner said her husband was coming with more, and when he came he offered her twenty shillings for her kindness; they both asked her to conceal the money because the discovery of it would ruin the poor gentleman and his children. She did not see the bags sealed; there were three wallets, one was put into a chest in the shop, and two in the kitchen. There was a discourse of L1100. There were five wallets brought into the house; three in the shop, and two in the kitchen.

SIR T. ALEYN--You hear what the wench says, she says there was
five wallets, three in the shop, two in the kitchen; I took two
in the shop, and only one in the kitchen.

TURNER--Pray, my lord, ask her which is Ely.

FRY--That is [pointing to Ely].

TURNER--It was false; this Ely carried none; both my sons are
dear to me, and if either carried more than the other it must be
my eldest; and yet I must say, it was John, my eldest son that
carried the money, this boy was at home; she hath foresworn
herself.

_Gurnet_ met Turner on the Exchange the Saturday after the robbery; Turner told him that he was going to make a discovery and clear himself; he had brought L500 and was going to bring the rest of the money and jewels at three o'clock.

_Major Ralph Tasker_ corroborated Sir T. Aleyn's account of seizing the money in the Minories:

then I saw a fellow play bo-peep in a back-room, and presently
was a noise, he was gone and fled; his son they said it was.
Sir T. Aleyn pressed very hard to Mr. Turner, and desired to
know whose money that was. Says Turner, By the eternal God, it
is my own money, with many other protestations of his innocence.
A constable was sent for, and we carried the money and Turner in
a hackney coach to Mr. Tryon, and there left the money on a
table with Mr. Tryon. They had some discourse; Turner came forth
and said, The old gentleman and I are agreed, I will trust the
money no longer with you, but with the old gentleman himself.
Said I, let me be discharged of it, do what you will with it.

BRIDGMAN--Did you see the bags out of the wallet?

SIR T. ALEYN--We saw one which was sealed, I think, with the
bishop of Chichester's seal.

_Ann Ball_ proved that Mr. and Mrs. Turner had left some money at her house with the maid. The maid went to her sister and acquainted her with it. In this way the knowledge of the money came to Sir T. Aleyn.

_Frederick Ixam_ was present when the bags were taken out of the wallets at Mr. Tryon's house: three of them had no seals; one had a seal very much defaced; one had a seal which was the same as that on a letter from the bishop of Chichester produced by Mr. Tryon. The bags were in court.

_Hanson_ and _Mr. Tryon_ proved the agreement of the seals, and the bishop of Chichester's letter, which was produced.

_Cole_, a serjeant, and his brother, a yeoman, proved that they arrested Turner in a civil suit about three o'clock on Saturday afternoon. Soon after the constable came and charged them to assist in taking him before Sir T. Aleyn.

By and by I was saying, Col. Turner, how could this house be
robbed, and none of the doors broke? O, said he, I took a man in
the Minories, who has discovered it to me; he told me that one
going into the cellar in the daytime lay there till night, then
went upstairs, found a candle and lit it, took the key from his
bedside, and went down and let all of the rest of the thieves
in. The young man being there, said, It was well the maid and I
was not at home, we should have been killed. No, says he, you
would not have been killed, only bound.

TURNER--As the fellow told me.

HYDE, LORD CHIEF-JUSTICE--Did he say nothing touching Mr.
Tryon's tooth?

COLE--He said, that the fellow putting his finger in his mouth
to gag him, the old gentleman bit him; and in struggling to get
out his finger, pulled out his tooth.

LORD CHIEF-JUSTICE HYDE--You are very perfect at it, Mr. Turner,
every way.

TURNER--Ay, my lord, I examined him every way.

_Peter Vanden-Anchor_ and _Chaplain_ were the first people who entered the house after the robbery, and described the state in which they found it, and how they unbound Mr. Tryon. The latter examined the servants as to their movements; Hill, the manservant, said that he and the maid had been at supper with Turner; but the maid said she had been at the house of one Chamberlin, a goldsmith.

_Christmas_ described how he had been arrested at two in the morning, but had been discharged the next day.

_Millington_ was at Mr. Tryon's house on Saturday evening, and finding Turner in custody, there was asked by him to intercede, in order that he might have his liberty to go about the jewels. Afterwards Turner, at his own house, sent his wife to Whitechapel or Tower-hill, where she would meet a man who would give her something. The wife brought the jewels to the Hoop Tavern, and from there they were taken to Mr. Tryon's, where they were examined, and none were found missing except a carcanet jewel.

_Mannock_ had been told by Turner in Newgate that he was to have L500 for recovering the jewels and the money; he had recovered L500 and most of the jewels; if Sir Thomas had not secured him, he would now have them all; 'but Newgate was not the place to find them out.'

_Sir T. Chamberlain_ was sworn and said, that hearing on Friday morning that Mr. Tryon had been robbed, he went to his house about three in the afternoon.