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About Google Book Search Google's mission is to organize the world's information and to make it universally accessible and useful. Google Book Search helps readers discover the world's books while helping authors and publishers reach new audiences. You can search through the full text of this book on the web at|http: //books .google .com/I VHHHfti COBBETT'S COMPLETE COLLECTION OF State Trials. VOL. IX. ►■ V / • ^! COBBETTS J _ • COMPLETE CGlitL EG ^liON * ' , OP State Trials AND PROCEEDINGS FOR fflGH TREASON AND OTHfiR CRIMES AND MISDEMEANORS FROM THE EARLIEST PERIOD TO THE PRESENT TIME. VOL. IX. COMPRISING THE PERIOD FROM THB TfitRTY-FOURTH YEAR OF THE REIGN OF » _ KINO CH^kftLES THE SECOND, A. D. l683, TO THE THIRTT-SIXTH YEAR OF THE SAID REIGN, A. D. 1684. LONDON: rBIirrSD BT T. C BANSARD, PBT£RBOROUG~H-C0iniT» PLBST-STRBBT. IliBLlSHBD BT B. BAOSHAW, BRTDOES-STfiBST, COVENT-GARDEN ; AND SOLD BT J. BU DD, fall-mall; J. FAULDEE, NEW-BOND-STREET; SHERWOOD, BBELT AND JONBB, PATBR-NOSTER-ROW ; BLACK, PARRY AND KINGSBURY, IBADBBHALL-BTaBBt ; BELL AND BRADFUTE, EDINBURGH ; AND J. ARCHER, BUBLIlf. 1811. • • * * .•;•. •^•« •• •• •• • • ••• • • *.• ••«••» •• • . • '.• . • . •• • ^•' • «. • •-• w • •••-• _• • ■ ; I • •"*• -"^ ^* ■**♦ TABLE OF CONTENTS TO VOLUME IX. ^^^^^^^^^■S^SSSS STATE TRIALS IN THE REIGN OF KING CHARLES THE SECOND. \* Tht MV Ariicks are marked [N.] , 889. 7hE Trial of George Borosky alias Boratzi, Christopher Vratz, John Stern, and Charles John Count Coninos- MARK, at the Old Bailey, for the Murder of Thomas Thynn, esq. A.D. 1682 --------. -t The Last Confession, Prayers, and Meditations of lieute- naat John Stern, delivered by him on the Cart imme* diatdy before his Execution, to Dr. Burnet." Together with the Last Confession of George Borosky, [N.] SJ: Rkmarks on the Trial of Count Coningsmark« By ftr John Hawles, Solicitor'^General in the Reign of King Williamthe Third ........ 186 290. ^Tha Trial of Ford Lofd Grey of Werk, Robert Charnock, Anne CKarnock, David Jones, Frances Jones, and Re- BBCCA Jones, at the King's*Bench, for a Misdemeanor, in dcbradiiiig the Lady Henrietta Berkeley, Daughter of the I . Earl of Berkeley, A. D. 1682 < . . ^ ^ - 121 191. ,11h( Tffiia of Thomas Pilxinqton, esq. Samuel SntrrB, esq. I . Shmffii.. Henry Cornish, AMerman. Ford Lord Grey of TABLE OF <30NTENTS, Pag€ Werk, Sir Thomas Player, knt. Chamberlain of London , ' SuKosBY Bbthbl, esq. Francis Jenks, John DeaglEi Richard Freeman, Richard Goodenoush, Robert IbCey, John Wickham, Samuel SwinOck, John Jekyll, Senior, at Nisi Prius at the Guildhall of London, for a Riot, and an Assault and Battery on Sir John Moore, then Lord Mayor, a. D* 1683 - - - 187 3<J2* The Trial of Sir Patience Ward, knt. at the KingVbeuch, for Perjury at the Trial between the Duke of York, Plaintiff, and Thomas Pilkington, esq Defendant, on an Action upon the Statute De Scandalis Magnatum, A. D. 1683 - - - 299 293. Proceedings against Mr. Benjamin Leech, Bricklayer, at the Old Bailey, for a Contempt, in offering a frivolous Plea to ' the Court, A. D. 1682 - .... . . . 351 294. Introduction to the Truls for the Rye-House Plot: containing the Original Informations respecting that Con- spiracy, as they were published by James the Second, a.d. 1683 [N.] . -- . -. - --35a 295. The Trial of Captain Thomas Walcot, at the Old Bailey, for HighTreason, A.i>. 1683 519 296. The Trial of Willum Hone, at the Old Bailey, for High Treason, a. d. 1683 • - 571 297. The Trial of William Lord Russell, at the Old Bailey, for ' High Treason, a. d. 1683 - - - ....571 298. The Trial of John Rouse, at the Old Bailey, for High Trea- son, A. D. 1683 - ... - - - . . . - 631 2»9. The Trid of William Blague, at lihe Old B«l^^ for High Treason, a. o. 1683 ..-« •« - - -65^ I • TABLE Of CONTENTS. Pagt The Casb of WiuJam Lord Russell, tried for High Trea- soD^Jnly IS^A.D. 1683 - - - - • - 695 An AKtibote against Poison : Composed of some Re- marks upon the Paper printed by the Pirection of the . Lady Rossell, and mentioned to have been deUvered by the Lord Russell to the Sheriffs at the Place of his Exe« cuden. By Sm Bartholomew Shower - . - 710 A Defence of the late Lord Russell's Innocency. To which are prefixed two Letters upon the Subject of his Lordship's Trial. By Sir Robert Atkyns, K. B. . 719 The Magistracy and Government of England Vindi- CATED : In Three Parts. ■ Containing^ I. A Justification of the English Method pf Proceedings against Criminals^ &c. IL An Answer to several Replies, &c. IIL Seve- ral Reasons for a general Act of Indemnity. By Sir Bartholomew Shower - - - - - . ' 742 A Second Vindication of the Magistracy and Go- VBRNMENT OF ENGLAND, by way of Answer to the seve- ral Replies, &c. - -- - - - • . 755 The Third and Last Part of the Magistracy and Go- vernment of England vindicated, with Reasons for a general Act of Indemnity, &c. - - - - • 771 The Lord Russell's Innocency further defended; in answer to The Magistracy and Government of England vindicated - - - - - - - -• 78S Remarks on the Lord Russell's Trial. By Sir John Hawles, Solicitor General in the Reign of William IIL 794 jOO. The Trial of Colonel Algernon Sidney, at the King*s-Bencb, for High Treason, A. D. 1683 - - - - • - SIS Report biade to the House of Lords, on the 20th of December 1689, from the Committee for Inspect TiON of Examinations, concerning the Murders of Lord Russell, Colonel Sydney, Sir T. Armstrong, and Mr. Cornish : the Advisers of Qno Warranto, and the Advisers of the Dispensing Poweri [N.] . . « ^V^ TABLE or CONTENTS^ Page RucAua cm Coloiid AuuRBOir Smonr^s Trial B j Sir John Hawles, Solicitor Geoenl in tbe Reign fvf Wil- liam the Third >••••.,•.• 999 HivroBiCAL PAEilcuLAM. fditire to the Pkoceedinn agaiiist FefMNi» acemed of PirticiiMitimi in the Rte- House CovspntAcr^ and other treMonable Designs abont this Period. [Now first printed from the MS. << Brief Historical Hdarion/* ftc of Nardssns LnttreD, in the library of All Bonis' Cdkge, Oxford] . [N.] . . 1005 301. Trial of Lownis or Wsm, of BucKWOon, for Treason, A.D. 1683. [Now first printed firom the MS. Records of the Court of Justiciary of Scodand] * [N^] . - 1022 302. The Trial of John Hampdcn, esq. at the Kng's-Beneh, for a High Misdemeanor, A. 0. 1684 -•.••• 1054 303. The Trial of Laurbncb Bbaddon and Hugh SnxB, at the KingVBencb, for a Misdemeanor, in suborning Witnesses to prove the Earl of Essex was murdered by his Keepers, A.D. 1684- .--.-»•-. 1121 Bishop Burnet's late HiSTORT charged with great Purtiality and Misrepresentations, to make die present and future Ages beliere, that Arthur Eari of Esstt, in 1683, mur- dered himself, [N.} - - - • - - . ifso 304. The Trial of Sor Samitbl Barnarbiston, hart, at Ni&Prius at the Guildhall of London, for a High Misdemeanor, A. D. 16S4 1SS4 Proceedings upon a Motion in arrest of Judgment in the Case of the KiKO against Sir &Uil»L BARNARDISTOIfy hart. [Now first printed from tbe MS. of Sir William Williams, cooununicated for this Work, A*p« 1811, by bis descendant Mr. Chsxks Watkiiu WilUams Wynn] . {N J COBBETTS COBBETT'S COMPLETE COLLECTION ft OP State Trials. S9. The Trial of George Boeoskt alias Boratzi, Christopher Vbatz, John Stern, and Charles John Count Conings- MARK, at the Old-Bailey, for the Murder of Thomaii Thynn,* esq. 34 Charles II. a.d. There ha? log been an Indictment found It Hickii^s ha]l by the grand-jury for the coun- ty of ^liddlescx against Charles- George Bo- rutky, Christopher Vratz, and John Stem, for munlering ThoDfias Thynn, esq. ; and against * The Issnchar of *< Absalom and Acbito- fM,'' ID which poem, Drvden, describing the mpcci ud favour with wnich Monmouth was ncwed open his pn^iress in the year 1681, -^ ** hospitable treats did most commend " Wise lasachar, his wealthy Western friend." Sir John Reresby, in his Memoirs, p. 135, fcbtes the following particulars of this busi- ** At this time was perpetrated the most b^r- vrons and audacious murder that had almost ver been heard-of in England. Mr. Thynn, featleman of 9,000/. per ann. and lately tarried to lady C^ie, (who, repenting herself' r tbe maichy fled from him into HoUand he- re they were bedded), was set upon by three iffians, who sliot him as he was going along c street in his coach. This unhappy gentle- aa being luucb engaged in the duke of Mon- Odih's cause, it was feared that party might It some violent construction on this accident, tartom therein making their escape just for c time, and being unknown. 1 haf)|»ened to at ciiurt that evening, when the king, hear- f thr ne^rs, seemed t^eatly concern^ at it, t iHily tor the horror oi the action itself, iiirU Has shocking to his natural disposition) I aKo for ft^ar the turn the anti-court party i^t irire thereto. I left the court, and was t biep(nii:r into bed, when Mr.Thynn's gen- ■vui f»iiie to ine to gnmt him an Hue and yr, and inunoliatdy at his heels coines the fee of Monmouth's page, to' desire me to roL. IX. 1682. Charles John Count Coningsmark, as acct*s- sarv before the fact, the said persons being in Newgate, were brought to the bar to be ar- raigned and tried : And they being foreigners, an mterpreter was sworn to acquatni them, in a come to him at Mr. Thynn's lodging, sending his coach for me, wluch I made use of accord- ingly. I there found his grace surrounded, with several lords and gentlemen, Mr. Thynn'a friends, and Mr. Thynn himself mortully wounded with five shot from a blunderbuss. I on the spot granted several warrants against persons suspected to have had a hand therein, and that night £,^ot some intelligence concern- ing tbe actors themselves. At lon^, by the intormation of a c.liairman, who had carried one of the iiiffians from his lodging at West- minster to the Black Bull, there to take horse, and by means of a loose woman, whu used to visit toe same person, the constable^) founil out the place of his abode, and there took his man, by nation a Swede, who being brought before me, confessed hiniKclf a servant to a German captain, who had told him he had a ouarrel with Mr. Thjnn, and had ol^en ordered him to watch his coach ; and that particuku'ly that day the captain no sooner understood the coach to be gone by, than he !M)oted himself, and with two others, a Swedish lieutenant and a Pole, went on horseback, as he supposed in quest of Mr. Thynn. By the Mimo sen ant I also understood where possildy the raplaiii and his two companions wwe to Ihj fount! ; and having with the duk*^ of 3Ion mouth, loi-d Mor- daunt and otlu rs, K<*arclM «1 scvniil houses, as hediri'Cted us, till six in the morning, and havini^ been in clo^^e purMiit nil nii^'ht, I per* sonaily look the captjiin in tin' house of a SwediHli ilocior in L<-ia'ster-ln?ld.s. I went first into biis room, followed by lord 3Iordamit, B 3] STATE TRIALS, 34 CM arles H. iGs^.^Trial of Count Conkigsmark [4 langtiafi^c they understood, \ibat tlicy were accused of. Citrk of the Crcnrn, Charles Rorosky, hold lip tiiy hand. (Whibh he diil.) Christopher . Vratz, hi»ld up tliy hand. (^Vliich he did.) ' John Siurn, hold up th^ haud. (Which hi; di<l.) ('haili's Johu Coningvuiark, liuld up thy iinnd. (AVhii-h he did ) ^* You stnnil indicted in the county of Mid- dlesex by the names of Charles George Bo- whcrc I found him in bed, i^ith his sword at «omc distance from him on the talile; bis weapon I in the first place secured, and then his piTson, conunittin^ him to two constables. 1 wftnden^d he shoidd make so tame a sul>- inLssion ; for he w as certainly a man of great courage, and appeared quite unconcerned from the very bepnninjr, thou^^h he was very cer- tain he should be found the chief actor in the tragedy. This gentleman had, not long be- fore, commanded tlie forlorn hope, at the siege at Mons, when but two, besides himself, of 50 under his command, escaped with life ; and, in consideration of this service, the prince of Orange made him a lieutenant of his Guards, aud, in reward for the same, the king of Bweilen gave him a troop of horse : but, to in- sist no farther on this, his two accomplices also were taken, and brought to my house ; where, before 1 could finish the several examinations I had to go through, the king sent for me to at- tend him in coimcil, for that pur|)ose, witli the prisoners and pa[)ers. His m^csty ordered me to give him an account of tlie proceedinept hitherto, as well with re(j^ard to the a])prehend- ing of the prisoners, as their examination, and then examined them himself; and when the council rose, ordered me to pot every thing into writing, and in fonn, against the trial; which took me up a great part of the day, though I hail got one of the clerks of the council, and another justice of the peace to assist me, both for the sake of dispatch and my own security, the nicety of the uflair requiring it, ns will, in the R«»qurl, appear. ** The council mrt again, among other things, to examine the governor of young i(KUjt Coninfifsmark, a young gentloman then in Mr. Foubert*s academy in I/ondon, and 6uppo>:ed to l>c privy to the murder. Ujwn this oceafjion, the kir?g sent for me, to attend in council, where the said governor' confessing, 1'hat the eldest count Couing.smark,(whohad beto in England some months before, and made Jiis addre<jses to the ladv \\ho so unfor- tunately niarrittl Wr. Thy nn) arrived /wrw'wi'.^ ten days before the said murder, and Irt> dis- fTuised till it was committed, gave gi-eat oiiusn ««ourU. roskv, late of the parish of St. Martin's in the Fieiils, in the coimty of Middlesex, labourer t otherwise called George lioratzi, of the sami parish aud county, labourer; Christopha V'^ratz of the same parish and county, gentle- man ; John Stem of the same parish and rounly, geiit!<*man; and Charles John Co- ningsmark, of the same parish and county, esq. ; otlicrAvine called John Coningsmark, ol the same parish and county, esq. : For that " I sc\ erdl times afterwards attende<l on the kin^, botli in private and in council, from time to time to give him information, as fresh niattef occurred, or ajipcarcd ; and upon the whfile il was discovered, ]iartly by tne confession oi the parties cohcci*n«:d, and jiartly by the infor- mation of others, that the Gennan captain had lieen for eight year.4 an intimate with counl Coningsmark, one of the greatest men in the kingdom of Sweden, his uncle being at thai time governor of Pomerania, and near upoa marrymg the king's aunt ; and moreover thai during tne time he was in England bi^fore, he had made his addresses to lady Ogle^ the odIj daughter and heiress of the earl of Northum^ berland, who had been married to the deceasrc Mr. Thynn, and that the said count had resent ed something as an affront from Mr. Thynn That the captain, moved thereto out of pun friendship to the count, (though not at all i*itl his privity, as pretended,) had determine within himself to revenge his cause, and tha in consequence of such his resolution th* mimlcr happened : It appeared also that sue) his cniel dt*sign was fui-thered by the assist ance of the Swedish lieutenant, and the Poh who had been by him obliged to discharge th blunderbuss into the coach. T wtu extreroel glad that in this whole business there was n English person directly or indirectly concen cd ; for the fimatics had buzzed it about tlv the design was chieflv against the duke < Monmouth ; so that 1 had the king's thanl more than once, the thanks of my lonl Hall fax and several others, for my diligence tracing-out the txw^ springs and motives this honid action, as well as the actors then s<"lvrs. llie duke of Monmouth had been o of the coach above an hour ; and, by the coi fVssion of the criminals, 1 found tliey were n to have made the attempt if his grace had liei with frlr. Thynn. ** 3 lean while it was suspected that count C nin;4fsmark was still in the kingdom ; ai search being made aller him, be was met wi »;lor«^ ill disguise at Gravesend, by a servant the duke uf Monmouth's just as he was ste iiiiijT out of n poullrr, intending the very nc li.iy to ein);rirk on board of a Swcflisfi shi • Tici*!ir Jnr.iirhl up to town, the king wnm I di:.' el y called an extraordinary council to ex ' mil:;- him. I was present upon tins occasii and ol)! <>'.". pd that he appeareu liefore the ki: w it!i ail t!ie a«5snrance imaginable. If e w a fine pers'm of a man, and I think his h; was the iongcbt 1 ever saw. ^e was vc &} STATE TRIALS, 34 Charles II. 1682.— flurf others, for Murder. you the said Charlies George Borosky alias Boratzi, CliristopLcr \rutz, ami Johir»Stirn, Mt haFinf; God before v6ur eyes, but bc- io; moved aiid seduced iy the 'instigation of die deril, upon the 12th day of February, in the S4th year of the rt-i^n* of our sovcrcij^ii M king bharles tlie second, with force and inns in the parish of 8t. Martin's in the Fields ^k of parts ; but his cxaiuiuation w as very npcrfii-ia], for which rcuson he Has by the a^ and couucil ordered to lie, the same day, euiuiued by the lord chief justice, the ut- kraey general, and myself; but he confessed Bodiinw- of the murder, prcteuiliu;; the reason nby be lay at this time couceaii-d, to I)c that kw^then uuder cure for a small \ encreal dis- a^, and did not care to ap|>ear in public, till Ae coarse of his prescription was o\er; and Ibt his going away indisy^uise ailer the fact ns committed, was by the advice of friends, who told liim it would reflect on him should it lie knou n Le was in England, when an intimate «f bis laboured under so violent a suspicion of btTfi^ committed so black a deed; and that becndciL^oured to make his esea|>o, not knuw- ii^bon farthe laws of this bind mij^ht, for liiirt very reason, iuiolve him inthe p^uilt. Jiut, Wng at tlie king's coiichcc the night after, 1 perceived by his majesty^s discourse that he ns iiilUug the count should get olK " A few days afterwards, AIous. Foulx^rt w lir) kept the acadiemy in I^ndun, came and de;*ircd me to put bim m a way how to s:i\e count Cooingsiiiark'slife, insinuating to me, that, as be was a man of vast fortune, he i^tdil not Bake a better me of it than to support his ov« n iaoocence, and shield himself from the e<Igc of 4e hw, in a strange country. I told him, that ■ the ooont was really iuno'cent, the law would Mm-'ly acquit him, as much, though a fo- rapwr, as if he was a native ; but that he ««^tB be cautious how he made any offers to poTot justice ; for that it were to malvc all >Mflf honour bis encoies, uistcad of gaining nMB to be his friends. This was one of the tint bribes of value ever offered to me, which Im^|[fat have accepted without any danger of ^iKovery, ami withoMt doing umch ior it: fiutmyopinion has always been that what is M acquired is no addition to our store, but niher the cause of its waste, aceiudsng to the aying^, ' 3Iale parta male dilabuntur ;*^1 there- Are rgected this now, as I had done others be- Are, and aa I hope I shall always do ibr the time to come. ** Bills being foimd at Hick's hall against the Ibee murderers of "Mr. Thynn, as principal. aad aeainst the count as accessary ; they the next day made their appeai-ance at the Old Bailey, where! after a trial which lasted from nbe m the morning to five in the ai\crnoun, and a very vigorous prosecution on the part of Hr. Thy nn's relations, the three were bi-ought n guilty as principals, and the count by the same jury acquitted as not accessary ; it*bcing * ptf nedietatem lingoiBy' according to the pri- [6 in the county of Middlesex aforesaid, in and uiMin Thomas Thvnn, esq. ; in the peace of (jod, and our safd sovereign lord the king, then and there being, feloniously, wilfully, and of your malice aforet bought, ifid make an as- sault. And that thou the said Gciirge Bortwky alias Boratzi, a ceitain blunderbuss of the value of tive shillings, the said bluuderbusa being then chargesd u itli guunowdcr, and four b^aden bullets ; which suid blunderbuss thou the said George Borosky alias Boratzi in both thy hands so as aforesaid, loadcn to aufl against the said Thomas Thyuu then and there liadst and heldest. And that thou the aforesaid George Jiorosky alias l^irat/i, knowing the blunderbuss aforesaid, to be so as afurtwaid, charged with gun]>owder and leaden bullets, to and against the said Thomas 'J'hynn tlicn and there, with force of arms, feloniously, wilfully, and of thy malice aforethought, ditlst discharge and shoot off. And tluathou the said (icor*^ Borosky alias Boratzi, with the said leaden ballets shut and sent out of the blunderbuss aibresaid, by the \iolence and force of the gunpowiler'aibitrsald: And by tlioi) the said George Borosky alias Boratzi so as aforesaid discharged and shot off, the said 'I'homas Thynn in -and ujton the right-side of the body oi the said Thomas Thynn, near the short ribbs of the right side of tile body of the said Thomas Thynn, then and there felonious- ly, wilfully, and of thy malice af»>ivthought (ii4lst strike and wound ; giving uuio him the the said Thomas Thynn then and there with tlic leaden bullets aVoresaid, so as aloresaid shot and sent out of the blunderbuss aforesaid by force and violence of the gunpowder afore- said, by thee the said George Borosky abas Boratzi, so as aforesaid disi'liar^ed and sent out, in and upon the risfht side of the ImmIv of him the said Thomas Thynn, near the short rilis, on the right side of him the said lliomas Thynn four mortal wounds, e\ery one of them of the breadth of one inch, and of the depth of six inches ; of which said mortal wounds, he vilege of strangers. I was the first that car- ried the news of this to the kin^, who seemed^ to be not at all displeased at it ; but the duke of Monmouth's party, (who all appcaretl to add weight to the pnweiuition,) were extremely dissatisfie<l that the count had so escape<l. "*The captain, and the other ti/«o his ac complices in the murder of Mr. Thynn, were, pwsuant to their sentence, liange<l in the street whcic tliey hail pcrpctrat«Ml llie crime. The cajitain died wiihout any the least symptom of i'ear, or offering at tlie least glance of reflection on count Coniiig^mark ; and seeing me in my coach as he passed b> in the cart, he made a bow to me with the uiost steady countenance, as he did to several of the spectators he knew, liefore he was tnrrnnl oil*; in short, his whole carriiu>fi\, from the fn-st moment be ^vas apprc- bendctl, to the last that he r^sijnrneil his Inx^atb, savoured much of gallantry, but not at ail of religion." 7] STATE TRIALS, $4 Charles 1L i682.— IWa/ of Count Coningmark the said lliomas Thyiin fnun the said 12tii day (rt* Februaiy ia the 34th year aforesaid, unto the 13th day of the same month of Fe- hruary, at the parisih of St. Martin's in the Fii^hls aforesaid, did languish and lived lau- guishin^ : On which said 13th dav of Febm- ary, in 34 th year aforesaid, he the sai<l Tho- mas Thynu at the parisii of St. Martin's iu the Fields aVoresaid, of the mortal wounds so as aforf said given, died. And tliat ycu the said Christopher Vratz and John Stem, then, that is to say at the time of tlie felony and murder aibresaid, by the said George fiorosky alias Boratzi ; so as aforesaid feloniously, wilfully, and of malice aforethought, done and commit- ted, then and there feloniously, wilfully, and of your malice aforethougiit, by force and arms were present, aiding, comforting, abet- ting, assistiuj^ and maintaining the said Georsfe Borosky alias Borntzi, the felony and murder aforcsaifi feloniously, wilftiUy, ailid of his ma- lice uforethought, to do and commit. And so you the toid George Borosky, alias Boratzi, Christopher Vratz and John Stem, the said Thomas Thynn iu manner and form aforesaid, feloitiously, wilfully, and of your malice afore- thought didst kill and inunler, against the peace of our sovereign lord the king, his crown and dignity. Anj that thou the said Charles John Coniugsmark before the felony and mur- der afbrcfaid, by tlie said George Borosky aUas Boratzi, Christopher Vratz and John Stem in manner and form aforesaid, felonious- ly, wilfully, and of thnr malice aforethought, them the said George Borosky alias lioratzi, Christopher Vratz and John ^rn the felony and miinler aforesaid, in manner and form aforesaid feloniously, to do and commit, felo- niously, wilfully, and of thy malice afore- thought, didst stir up, counsel, persuade and I procure a^inst the peace of our sovereign ord the king, his crown and dignity." X. C. J. (^Sir Francis Pcmbcrton.) ^Vliy you must read this to them now in their language, or else they «annot understand it. I" C. J. North. You that are the intcrpceter, tell them that you are going to interpret the uulictment to tbeui by degrees. Mr. Vandore. Yes', my lord, I will. X. C /. Do not read all the circumstantials, but only the substance of the indictment. Tlien the Clerk of the Crown went near the oar, and dictated to the Interpreter dchbe- rately, who ii terpreted it to the jirisoncrs. ^. ^•^•/- Well, you have told them thosub- sinno^ of It, that they an- indicted for kilUng / ^^'""•-^''•. Vandore. Yes. -*- c. J. \s ell, whsit says the fu^ man ? ♦lti\('.^P* } "^^'^ '''"1 if he be GuUtvof I!lv. hl'^^^l^I'Sr"***^*^'**"'*!* itt«lictcd, aud he •ays Be IS ^ot Guilty. X, C. J. X>oe8 he say so ? Mr. Vandore^ Yes, he says he is Not X. C. X Why now tell him the foi that he must put himself upon the jury [Then Sir Nathanael Johnson was swc terpreter.] X. C. X Ask him this question. 1 I he is accused of the murder of Sf r. ' Th\'nn ; ask him if he he Guilty or Not Vandore. He says he is Not Guilty , m I asked him just now. X. C. X Then sir Nathanael Johnson can make him to understand it, tell him 1 maimer of trial here is by twelve men, a is by putting himself upon the count therefore ask him, how ne will be tric<i him that the method is by saying, *■ By i ' the Country.' Sir IV. Johnson. My Lord, he is a v< kind of man, he knows not how to aiis> what to say ; nor won't say any thing ; the truth of it X. C. X Ask him if he be willing to afler the manner of the English. Sir N.Johnson. Yes, he says he Ls to be tried according to the fashion of th lish. L. C. X North. He hath pleaded Not and the other follows of course. X. C X Ask the other, the captain, tl thing. Sir N, X He desires a French Inte for he speaks French. X. C. X Surely here are enough pec understand French, but ask him if he i understand English. Sir N, X He can understand some, 1 X. C.X Then ask hun, whether he b< or Not. Sir N. J. He say^ he is Not Guili Lord. X. C. X Now ask Mr. Stem, but i the captain how he will lie tried. Sir N. J. He say? he will be tried b and half his own country and half Eng X. C. X He shall have his request. Sir N, X He desires one thing furthe X. C. X Look you, sir N. Johnson, y« toll him this ; he shall be tried by halt f ers and half English; that is it, I sup desires. Sir N. J. My Lord, he desires tli<i may be none of the jury that arc an a kmdred or relation to Mr. Thomas nor any particular friend of his, and h tisfied. X. C. X No, there shall not, we \. care of that. Now ask Mr. Stem then question. Sir N. X My l^ord, he says he is "Not X. C. X Ask him too, ho^v he will b< whether by a jury ? Sir N. J. He says, he is content tt^ he the others are, by half strangers and hu lish. X. C. X Now then ask my lord Conin what he says. 9] STATE TRIALS, 54 Cuables II. l682.— tfwrf others, for MwrdeK [10 Mr. Thnn. He speaks English, my Lord. L C. f. Kilt not well euoiigb, may be, to uwli'r;taL4l tlie whitle. L C. J. Mori/i. Sir Natbanael, Avhat does be fiV? Sir A'. J. IMy Lord, be sa^ s it is a coxircm sifba lit'c, iicid tbcrefore he desires he may bre uut onl^ one luterprcter, biit others : lie deanai lur may have two or three, that the}' BAV make no misiiike. L C J. Very well ^ir A'. J. lle.sti)s that I imderstand the Dioch iangtia^e ; but his life and honour are CHiwraoJ, and therefore be would have three or four. L C. J. Who would he have ? Kir iV. J. Sir Thomas Th} un* said tliO}' had oneili&t was hnmifht bv them. .Mr. ThifuH, I'hut is Vaiidore, who is sworn ilrmtlv. 1. 1*. /. Look s^n sir Nathanael, tell my liR^if be pleases, "he shall have a French In- Ut{irettT ; lor I know he spi'aks that lan^^ua^c v.ywell. ^Jir S, J. 3Iy Lord, he says, that High- Dutch is his natun«1 language, and he can ex- ynyi himbelf best in that. [Then one Vanbdrini^ was ealled for by the Couut, bat did not appear.] I. Ck. Bar. (Wm. Montacfue, esq.) Sir N. JohTison, you must ask the Count whether he b ' Guilty of the Indietment, as accessory be- fore the^facL •Sir iV. J. 1 have asked, my lord, and Not (luilty he answers. CfofCr, How will you be tried ? 'Vkt A'. J. He says he will be tried by God ladhalf his own country, or lialf foreigners 111 half English ;t and he desires they may be foiBiuof some quality, as they use to treat poms of bis quality, and strangers. LC.J. There shall be such strangers, tell ba. You have merchants of good account, im«ie, upon this pannel ? Im, Sher. Yes, my Lord, tbey arc all such. &M J. He desires he may be tried dii- bacdjr from the others. L C. J. That camiot be : but look you. Sir, hty M mv Lord this, that though the evi- deoce must Ibe given, and the jury must be dniged all together, yet in this case we will Ua^uish his case to the jury, if there be oc- CUOD. L C. Bar. And bia evidence will come dis- tioct * 8o in the fonner edition. f As to the right of an alien to have in trials whKiber civil (unless both parties bo aliens) or triminal (except indeed for treasons and in the ru^of EgA'ptians, under st 3^ U. 8, c. 10.^ in which be is a party, a jury of which one half ■hall be aliens (if s«) many s'hall be forth -coming in the place). Si*e the Statutes, 2» Ed. a, c. U,and8 lien. 6, c. 29, and Blackst Comm. Bo(d^ 3, ch, 33, Book 4, dh S7. Mr. Vandore. My Lord, he asks this ques- tion of your lordship and tliis honourable courts if it be agreeable, and according to the justice of tliis nation, that my Lord may be allowed two or three da^ s delay, because he is to pre- pare himself and witnesses for his trial. Sir A. J. My I^rd, he says this ; bis wit- nc'i-scs an^ not prepared, and he not having.had time t(» recollect iiiniself, so as to fit himself for his defence, therefore be begs the favour of t(ic court, that he may have a day or two'K time to recollect liimself. He says he is to an- swer circumstances with circumstances, my I^rd ; he says he has some witnesses as to circumstances that ai-c very material to aVfSM'cr such circumstances as an- firoiighta;^inst him ; he doi's not understand the law, mv lortl, nor has hail no time to have any counsel to infurni himself. L. C. J. You must tell him this, that which he is charged with is matter of fact, that none can instruct him in but himself; counsel can do him no good in such a cave as this.* Sir A'. J. My lord, he says, the matters that are objected against liiui are only circumstan- ces, mv lord, and they require an answer, which Le can do by otlier circumstances, and he desires time to recollect himself two or three days respite ; be desires, if it were but u little time, a day or two. Mr. Thj/nti. j\Iy bird, mir witnesses are all ready, and thecouuscl instructed, and wait here to go on. L. C. J. North. Look you ; pray will you tell him, when the trial is once bc*gui), the jury can neither eat nor drink till they have given their verdict ; that is the law, and we can- not change the law, thereibre we <!annot allow him the time he desires. He knows what he is accused of, and has known it a good while, and has had time to recollect himself and prepare himself Sir N. J. My lord, he says, thejury arcnot yet together, nor chargc<l with liiui, aud there- tore till tlie jury are charged, he thinks he may have time, if your lordsliip please to allow it. " L. C. /. Look you, you must tell him, that he is to understand that here is but one indict- ment against the principals and himself, and we cannot try this by piece-meals ; we cannot try the principals now, and my lord Conings- mark another time.f- • Seethe Note to the Case of Don Pantaloon Sa, vol. 6, p. 566, and to the Case of Tiryn^ vol. 6, p. 516, of this Collection. f *■' Most cei-taiuly they might, and it is fi'e- qu^ntly done although there be but one indict- ment, as in the case tif the Kegicides aud many other casi« ; but it was more tor the interest of the count to try liim then, though he was not awareof it himself." Former Edition. As to an inconvenicii'ji: att<'nding the trial of more thnu one [irisonor at once, see a note to the C'oscol (J:imp'oii:iud others, vol. 1. p. 1051, and a note to the Case of Coke and Woodbume, A. D. IT^U hi this Collection. 11] STATE TRIALS, 34 Charles II. iGSi^^Trial of Count Coningmark [ Sir N. J. If it must be so, he says, he must | sires be may have the pailnel to look uiM>n, a throw himself upon your lordshii) : he hopes he kofies that is an easy favour, he shall have notbiug but what is just and fair, and he hopes your lordship will be of counsel to him, as the fashion of this country is ; if any thing arises of matter of laiv, he desires he may have the advantage of it : and if he cannot have a day or two, he says the innoceucy of his case will protect him.' Count Coningmark knowing how innocent he is, won't sti(Sc for a day or two, but he will be ready to be tried as your lordship shall think fit : he has innodence on his side and that will protect him. L. C. J. Let my lord know, that we will l>e careful in exaniininq; all thin«r3 that concern 1CT o iiin. JSir N. J, He says he docs not fear it, my lord, having to do with such honourable pcr- . sons, nor doubt it at all. L, C J. Then swear ajurj'. But look you my lord Coningsinark, cou'sidcr this ; as the gentlemen of tlie jury come to be s^vorn, if you do dislike any oV ihcm, you may except agamstthem. Sir Ni /. My lord, he says, being" altogfcthcr a strajiger here in ICnp^land, and not knowing anyof the persons, he bcijs the fa\ourof the; foreman JL. C J. Let him have the pannel, if it w do him any good. He b a stranger, satis him in what we can. [Which was delivered to him, and he look it over. ] L, C. /. Tell him, as the jury is called, shall have every one of the Outlaudishmeu a Englishmen brought before him. Sir N» J. My lord, he thanks you for tl favour. L. C. B, Sir N. Johnson, tell the Count, tin call first an Englishman, then a foreigner, ai thi'v Khali be brou;>;htto \iew. L. C. J. Pray, have vou tcdd the otlu'r i»c sons, that their \ime to challenge is before tl jury is sworn? Sir N. J. Tiie Polander says he can cht lenge none, because he knows none. L. C. J. What say the rest ? ]\!r. Va.idorc. They say they know nobod and can except against nobo<lv. C/. ofCr. Call Sir Will. RJlierts. [Whoa pearing, stood up.] i. C. J. My lord Coningsmark, there is i bench that he may have the names oi' those that are returued of the jury, and a Utile time to consider of it. L, C. /. That we cannot do : all we can do for you is, we will take as much care as we can, that you may have indifferent persons ami portions of quality. X. C. J. North. Pray tell him, the law gives him the privilege of a peremptory challenge. Sir N. J, He sa^^s, my lord, he does not know who they are, but they may be persons that are touched, and may have something of e\'il will or spleen a^^ainst him. His father served against the kmg of Denmark and airainst the Poles and the Papists, and his father was a Protestant and servetl the Protes- tant cause. " i. C. /. What countrymen are they, Mr. Sheriff.? Under Sheriff. They are French and Dutch raostof tliem, I donot believe there is ever a Dane amongst them. X. C. J- We will call all Frenchmen, if he bad rather have them than Dutch. Sir N, J. He would very gladly have them all High-Dutch ; if not, that he may have some. L. C. J. I thought he had excepted against tlie Dutch. Sir N. J. No, against the Danes ; for his fa- ther in the wars burnt their towns. L. C J. Examine them, as they come to the book, if there beany of the Koman Ca- tholic religion, and do not let any such be sworn. Air. Sheriff Pilkington, There is none such among them, I dare say. L. C. J. Sir N. Johnson, tell my lord, he shall have no Roman Catholics at all. Sir N. J. He thanks your kmbbip. lie de- Sir JV. J. He has nothing to say against hi L, C J. Then hold him a book, and swi him. [Which was done ] C/. o/XV. Call Mr. D»)wning. Interpret. He says he is no foreigner. L. C. J. Then he must not be sworn. C/. ofCr, Moses Charas. [ \V I lo u pi>eare( Interpret. He has nothing to any t»;pai him. But he himself says, he does not s|h English, but he desires to speak French. C7. of'Cr, Tlien it'll him in Fivnch, he m luy his hand on the book and be sworn, i barken to his oath. Sir Fr, Winuhiglon, "We challenge him the king. L. C. J. For what cause ? Sir Fr. Wivnhigton, My lord, we take that we need not shew any cause unless th be any want of the number in the pannel. X. C J. I'hen we must do him right, ; tell hhn what advantage the law giics li: Tell my lord, you that nnderstanil Engli that this gentleman is challenged for the kin and if the king shew any gtnii cau&e for it, must not be sworn, else he must. And way for him to clause the king's counsel shew their cause, (if he desire it) is to ct lengeall the rest. Mr. Williams. We wave our challenge : the reason why we challenged him* was, luxn! he did not understand Engtish, which will Im reason at all. [Then he was swoni.3 CI. ofCr. Sir Henry Ingoldsby. Sir N. J. He challenges him, my loi-d. CI. at' Cr. Sir WiUiaiu Gulston. Sir Iv. /. He excepts against him, my li X. C. J. Does he challenge him in fes{ of what 1 said to him about tlie Out lam gentlemen, that the king is to shew cauaep how does he challenge nhn f 13] STATE TRIALS, 54 Charles If. l682.— fl«rf others, for Murdfr. [i i hilfrpref. My lord, he says he hears he is 1 frieitd til Mr. Tli\ nn. L C. J. Well, Ic t him he passed hy then. Ci. of Cr. Sir John Masters. [Who did B'-l ap|K-ar.] Sr A. Johnson. lie says, my lord, he only inins ififtiffrrent persons! ('/. iit'Cr, Ik-nry Herliert, os((. Sir \. J. IIo rhallen^cs him. a. ofCi'. Kicliunl Paj^tt, esq. Sr \. /. 1 It* dt>sires to see him. L (.'. J. li<-t him be hruu^ht into the middle, tba: Ik* may look upon tlie prisoners. iitrrprtt. He has notliinsf to say against, bin] [Tbcii lie wa&' sworn.] CI. v/Cr, James Bucgonc. htcrjirei. He excepts ai^ainst hiui. ('/. (tf' Cr. Claudius Dcrolec. Jntirprct. He excepts ajCfainst him too. Cl.ofCr. Charles Beclow. httrprrt. He says he looks hkc a man, and be does not except against liim. [And he was C/. ifCr. Ralph Bucknall, esq. Interpret. He challenge him. €L ofCr. Thomas Earsliy, esq. hUrpret. He challenires him too. LC. J. Look you, sir N. Johnson, pray tell hiiD he can challcnti^ but twenty- ^ -V. /. He says very well ; he will not do inv looie. He di*sircs the favour, that those wt be ehallenges may not come near those ^ in miom. L C. J, Well, it shall be so ; wc will take Ci f/Cr, Richard Oowre, esq. Sr A'. J. He excepts a&^nst iiim. O. ofCr. George Ilocknall, esq. Interpret. He cl)allenges him. [B-it then Ac cmmt looking in his paper, retracted the tWIftjifp, and he was sworn.] CLo/Cr, Peter Vandenhagen. Interpret. He says nothin<r to him. [Then be V as Strom. 1 Ci.^Cr, Walter Moyle, esq. Interpret, He docs not challenge him. [He »«»«roni.] QL rf Cr. C hristopher R i pke y . Initrprei, He does not chullcnge him. [He ^■swftni.] LL ofCr. Tliotnas Hcnslow, esq. Interpret, He docs not < xccpt agninst him. [TheB be was sworn.] C/. rfCr» Lewis l>oiicarr. Interpret. Ifc challenp^i-s liim. CI. tjf'Cr. PettT liccane. [lie did not ap- pear.] Datiil Collivaux. Interpret. He dialletigcs him, liccause he kaew Mr. Thyiin, tlirv say. Ci. ot'Cr. Andrew 1l if idderlrv. Ikterpri t. He challenivcs hi'm. ( /. ttf'C.f. James liiirk. Intfrpn^t. He rlialkni^es him. (7 trf'Cr. Daniel fjri;^iin. Interpret. He docs not challenge LiiD. [So Iv was awiNTii.] CLaf'Cr. RolicriJordao, esq. Interpret, Ho challenges him. CI. of Cr, Lucy Knightlcv, esq. Interpret. I Te challenges liim. (7. of Cr. John Hayncs, esq. Litcrprtt, lie docs uot except against hiiir, [He was sworn.] Ct. ofCr. liCwis le Count. Interpret. He challouges him. C/.nfCr. John Bcllicw. Intirprrt. He c!iaUciiges him. CI. ofCr. James Frontein. j\Ir. Williums. We challenge him fur tlte king. CI. of Cr, John 3Iassey. Interpret. He challenges him. C/. (//" Cr. Andrew Priniow. Intvrpict. He challenges him. CI. of Cr, Nicholas Beufor. Interpret, He challenges him. Hesaysthey are all >Valloon.s, and thei'cibre he challengea them. ' L. C. J. Why does he except against Wal- loons ? Interpret. Because they have always served against the Swedes. CI, of Cr, John Lebarr. Interpret. He does not except against him. [And so he was sworn.] CI. ofCr. Cryer, reckon these, &c. Sir Will. ICohcrts, hart. Moses (J haras, gent« Richard Paj(t»tt, esq. Charles Bcm^Iow, gent- Geo. Hoc.knall, esq. Pet Vaudenhagen, gent. Walter Moylc, cs(|. CJhr. Ripkey, gent. Tlio. Henslow, esq. Dan. Griggion, gent. Joha Hayncs, esfj. and John I^'l>arr, gent. Then Proclamation for Information and Pro- secution was made: and a Chair was set for' the Count, at his request. CI. qfCr. Gentlemen, ](x>k noon the pri- soners, you that are s\^'om, amt hearken to* their cause,"* they staml indicted prout in the indictment, mutatin mutandis against the l)cace of our sovereign lonl the king, his crown and dignity'. Upon this indictment the) hav«. been arraignc<K an<l llioreunto have st:verally pleailed, >]ot Guilty : and for their trial, bava put themselves upon (2od and their country; which countr\' you are. Your charge is" to enquire, whether they, or any of them ara f luilty of the ofTcnces whereof they sland in- dicted, or Not Giiillv. And if you find them, or anv of thoin Guilty, vou are to find what goods or chattels, lands or tenements, they had at the \\n\v. of the felony and munler com- ir.ittcil, or at anv time since. If vou fmd them or anv of them Guilty, you am to enffuire^ u hether they or any of th.-m fled for it : if you fmd that they, oV anv oi' tlu-m fled for it, \on are to enquire of their coods ami chattels, as if yon hud found therm Gnilt\ ; if you find tli(iii or anv of tlieni N(»t (iuiUy, nor that tlity did flv for It, you arc to say so, and no more, and hear your eviilcnee. Hut if you acquit any one of the prineipuls — 3- ^ So ill the former Edition. by the name (»f the Pohndcr, Vratz, who i called the captain, and Stem, 'i^ !:n is callett th li<'utonnrit. f?oroskv the Pfln :id'r, we Sf.j was ttifi nt:i:L ttiat disciiari^rd l^i.s I limthTbuL 1 5] STATE TRIALS* 34 Chablbs II. l6S2.—TVial cf Ccunt Ccmngsmark [i L. C. J. 'Hiat is a mistake, it must be all the principnls. C7. of Cr. Tf you acquit the jiriucipals, you are not to enquire of Charles-John Conings- niark as accessary liefore. Mr. Ktt'ue. May it please your lordship, and \f>u jLifcnllenien tliat arc swoni of this jury, Ceorcfc Rfir^ky alias Boratzi, Christofdier Vratz, and John Stern, the prisoners at the bar, stand here indicted ; for that they not having the frar of (rod before their eyes, but btrin*;' moved ;ind s«;duced by the instigation of the devil, the 12!h day of Febniary, in the 34tli year of the rvvj^n ot this king, teloniwuKly and loluntarily, and cf tlieir malice aforethoiij2fht, did make an assault upon Thomas Thvnn, est|. at the parish of St. Rlaiiin's in the Fields in this county ; and that the said Geor;;c Bu- liVsky haying in his hands a hliuKlcrhiiss, which he kneu- to he charged niih four leaden bullets, did iiischarge it at Mr. Thynn, and guve him four mortal wonnds, of which wounds he lan'^uished till the 13th day of Febru- ary, and then died : and that tliey the siiid Cfiristopher Vratz and John Stem were there present, aiding, assisting and abetting him to commit the said lelony and murder ; and so that tliey the said Hi-m-^e Borosky, Chiisto- pher Vratz, and John Stem, did of theinualico aforethought, in manner afori -^aid, murder the said Thomas Thynn. And C":Kir1es-Jobn Co- ningsniark, the other prisoner at the liar, stands indurted, for tliat he before the felony and murder aforesaid, so done and commitfvd, t > wit, the 12th day of February af(»resuid, did of his mahi'e alorcthouglit, move, incite, counsel, ftersuade, aud pn)cut*clhe said Borohky, Vratz, and Stern, to do that murder, against the peace ol'the king, his crown and dignity. To this indictment tlicy have severally pleaded Not Guilty ; and you are to enquire, whether they are Guilty, as they are charged, or no. Sir Franci$*\Vithens. My lord and gentle- men, I am of counsel in this case for the king, against the prisoners at tlie bar. There are three of them indicted as principals in this nmnler, the fourth as accessary oefore. In this case that is now before you, gentlemen, I cannot choose but take notice unto you, that a raunler of this nature bes never been heard of to be ]ier[>etrated upon English ground, both in respect of the person murdered, and in respect of the cirruinstaiices of the tact. For tho person murdered, was a gentleman of that quality and estate, that he hath left but few equals behind him. That this man biding in luR coach, should be way-laycd, surprized, and murdered, and this murder committed in the midst of our streets, is that which works amaze- ment in all English huarts. And our only Gomfort'upon this sad o<:casion is, that there is not one native of this c(mntry found amongst all those that are accused to be instruments in this barbarous fact. I did observe to you, gentlemen, before, that there are three named to be principals; JSo- rosky, whom for distinction sake, 1 shall call a^^ainst this worth v ijentleiMan tiiJit '.*as shin hut though he wns the only hian il^'\t (ii< charged it, yet it we can satisVy you t!>j-.i Vrai; and Stern were witli him at 't£e same ti*:!*" aiding and assisting him wh'm lu- gave tU blow, they are as mueli principals :is he lli& shot off the gun. It will be natural to opei to you what is said against this captain Vratz he IS a .Sxv('<lc hy hirth, and did fornitTP belong to count Coiilngsmark ; \m* was u re tainiT to him. AlVrwards, I think in ll.'e wa he was inmle a caplair*. This gentleinau hiu bcon litrmerl}' in l<lng1:md, i>tU at the last tiiin he cume, which was t'ir;:e week^, or ihi-r^ abouts, before tlie nmr-ler v.as coiumittid, hi' lodging was in Ki" g-Sjreet at U cstn.iis'i'.rr Thi::: eujitain Vra'z, we shall pro\e, tlid i»i'ui discourse that he ir:i! a quarrvl with .Mr Thy nn, that sevr; al lanes lielore this mnnli was actually donf , he orili-red hi.; servant U way-lay his eoaeh ; and u.»iin that vcrv faia day, the \2x\\ of Frhrsiary, when this lUihappi accident fell out, havin;^: ini'oniiatitui that Air l*hynn was gone oist in !us co.ieh, inuiiedii'telj h(> puts on his bi)f>ts, L;iv(.-; enltT to his m.t Vc'Uit to bring his elethis in \\\m nt such a pla<rH hj.eause he sh<.-.!d nnnove hii lodging, he said that niifht, thai iie s!u»uld biin,' liis clothes t< the Ulack-Hull Inii i'.\ Holbor.i, and bring In luir.se thither t«)0. W lien he weMf I'roiu hi hMtging, the Poh:ndcr went alon:; with hiiu ami they came to tiie iilaek-Bull in Ifidbom whciC tliey met with Stern. \Vc slial! s\ie% you, that these three genilemen bL-ing thni armed, one with a blunderljuss, the Si^'om with pistols, and tho otlier very w ell pi-ovided rid out ab<nit six oVIock, the iiiiinier beinjf comiuitted about se\en or ei«>)il. At tlieil going out, they etiquired whicli was their wai to Temple-Bar ; they were seen tori<le thr-^ugi the Strand to St. James's, the iiitt w as doni in the Pall- Mai I, and v.e shall shew v'M thi way of it was thus; Mr. Th\iin*pL:s5in{ through the stiecl to go home in his c .ach three [>ersons came riding up to th:; coacl side, and wliile tho one stopped the horses immediately the blunderbuss was <lischargf< into the coach against Mr. Th\nn, and gavi him those wounds, of whi'-h the next muruint he died, presently these thre:* men rau away but one of them let fall a pis'.oi upon 'i v plaee which I shall ol>serve as a material e-i-eum stance against these licrsons, |)eeausn w>.' ^hal prove whose the Idunderliuss was. The^i things being done, this intirder eoiiiu;i<tf-d, ur.t they gone away, it began to work in |.' omIc*; thoughts, and circiun*..lauces heg:;n to ci»:n( out, that this blunderbuss should h«; oi-fhnni t b»? brought hy eiiptaiu Vratz, w!»'» h :•! dis coursi.Ml with many persons about tlu* <;'.iayrc he had with Mr. Yhynn, aud gi\cu nr\\' 1 bii servant toway-la*y his coach ; and I lies persons beiug rid out at that time, th(;re wa^ 7] STATE TRIALS, 34 Charles 1L iG^U.-^and others, for Murder. [i8 mt ns|iicioo that tbey did it. Great care Mte was taken, and great meaus used, as no Mbt there would be, to apprehend the male- dors ; and b\- KTCi^t pnnidenre it was fouiul It at last, that Uils captain Vratz, according ' his word, iiaii alten-d his lodpii^, and was it ta) a doctor's houK«', that lived, 1 think, in eioester-Fiehls. Being tiierc surprizi'd, and ^miusT upon hisr\aiiiinat<un, he did not deny It he was thcru one ot the three that was ut e place when and \i:ii're Mr. Tli\nn was unlered, but he [iretendeil, he did intend tu l^t hiiu in a dm 1, and kill liiui iairh , :.<s he Jlcd it. Hut, «;entlenien, 1 must* obsene KtoyiMi, in tiiv small time of <-\}iCTiHuce of f- Hurld, 1 never knew a man ^ro to fif^ht a lel, :uid carry out with him u second w ith a nodirbuss. It is not possible he should go ith Niu-h a deMiifn as he would insinuati.*, but I'lhtTHith an intention of umnli.T. For llie '••laiidcr, he nune into luii^land hut the Kri- ay belbre, and so we shall prove to you that iuicb ^till Mirk hani uiion thr couni. {j\wn '^ridty* bpiii-iii'^* liiudcu, he I'nquinvs for the uun*^ m*ih\\ tutur, which %vasut an academy f we JLumeur i^'aubert's ; und tliei-t* he rn- uin^ lor the count's s<.'cretarv ; he lay there, dunk, tluU nii^Ulf '"^"d upon Saturday he was OBie}id 10 the count's loil^riii?'^- There al^i iwas lod^vcd fur one nif^liL The count was kmtd to lfe>peak him a Tcry good swoni, and •CNtlbr him, that he mi^ht lie wellarme<I, ■d there he lay on SaiurJuy nii^ht, as f said, Am litlit before the murder w as eonunittefl. L'pnBiuiday, gentlemen, there biding a mes- ■feawt to this doctor, where \ nitx lay, the ifk following that tbe count would speak A the doctor, the doctor came, and the ictor and tbe Polauder went away to caiitaia ratE*8 lodffinff, and from thence to llollMrn, ilbe Bhii^-Bull, and the captain was «*arne(I i ai Binch secrecy as he could, for he was ■Tied in a sedan ; and 1 think we shall be Me tojftrove, by the persons that carried him, ut this was the man. For tlie otlier gentle- laa, Stem, the lieutenant, as they call him, t was an ancient acquaintance of captain rata'b, had known him loncj^ ago in Kngtand, ii complained to him, that hNlsfings might he !r)- dear ; but the captain told him, lu; had Mgn ; ami if he would assist him as a brave Idw, would maintain him, and he should not aat money to bi.ar ail his charges. Uut we ■U pniie' that this was the thiitl person that i oat with the Polauder, and the captain in n garb tliat 1 tfdd you of, this night that the ct was dune. And*indi*e<l, Gentlemen, upon fir ex.tniination, they have ever}' one cou- Mit] the fact ; even the Polander confessed at hf. did sliont off the bhinderhuss ; and ratz ronfeyseii that he was there, and the vteriaiit St«Tn ; so that if there hait been no ore f-^ idc'i're, it wouM have been suflicient .t!air.*ain th** issue, and m our circumstances, is uHire (lerhaps than could be e\pf.*cted. litf, gc ntlviucn, is tlie principal sunt of the idenie. that will ba gifca against tha three VOL. IX. priiurijials. For the fourth, gentlemen, count Couingsmark, he is a person of great quality, and 1 am extraordinary sorry to find the c\i- dencc so strong against hmi, as my In'icf im- ports ; I wish Ills innocence were greater, and our evidence less ; for he is a person of too great quality, one would ho]ie, to be concerned in a thing oVtliis nature ; but that he was thn main abettor and pi\)Curor of this barbarous business, we shall prove upon the&e grounds : First, That he had a design unon 3(r. Tli^\nn*s lite; for, gentlemen, coming iuio England about three ueeks lieloiv this matter wa.struus- sacted, fn-st he lies in disguibc, and lives pri-* vate, and removes his lodging from place to place freqtiently ; that he sl'ui a |iei>on to en- quire of the H\i*ediKh residejit, \>hether, or no, if he should kill 3Ir. Thvnn in a duel, he couhl by the laws of Kngland afterwards marry the lady Ogle ? So that Mr. Thymi's death was in prospect from the beginning. Gentlemen, we shall prove to you, as I did in some measure open befoi'e, tliat the coimt himself was pleased to give express order, that the Polander should have a good sword bought him ; that before he came into England, he was very much tronbletl, by reason of ihe stormy weather, for feur he shoidd hi! cast away ; that he lodp^ him in his own hnlging the* night liefbre thii act was peqietmted ; and that captain Aratz was the morning l)efore, and immediately after, with the count. Another thing, gentlemen^ that I had almost forirot: The i*<)unt was wilU ing to be instructed in the luu s of iMigkind, and enquired, wludhcr a man ndght la^ifully ride out upon a Sunday ? and being told. That after sermon he might; he was very well satisfied ; and the (hty he enquired of it, was the day that the unirder was committed. After the thing was done, count Coningsraark, tiia next morniuir, pi (tended he was to go to Windsor, ai.tl leases his lod«^ini^ ; but instead of going to Winds^jr, Hniiig stiM in his dis- guise) he giM^ to Rotner! lithe, hy the water- side, and there, I think, he coniinurs two or three days in a blaek peruke, (luid that i<j dis- guise enough for such a gentleman) and al\er- wards he goes to Gravesend ; but, I think, he was upon the water some time, lN;forc he thought it C4)nven:eiit to land ; and there he was sur|mxe«l in this disguise. And when he was surprised and taken, he shewed himsi>U' to be in great dhiorder ; Init bi-ing chargetl w ith the fiiL-t, acknowledged nothing of tin nuitter. But how it should come to pass, that he should lie so long disguised, upon no pretence tliat can be known, and at\erwaiil to nreteud that he hadabnsiness to efTuet, and thuu he was to g«» into Prance, that \% ill He upon biin to an- sw«T. But these are the inducing evidences that we give to yov ; his keeping the Polauder in his house, liis disguising of himself, ami his enquiring, whether if he kille<l \Ir. Thvnn, he might not marry my Indy C)gh? His rfight the next day, and pretendin'i: to go to \\ indsor, when he went ipiite the other way, and all in a disguise ; and these pvrsous not having any C i 9] STATIB TRIALS, S4Cha«les IL l€S2.^TriaI of Qmnt Ctm^gmark [fft appearance, or any reason whatsoeyer, for any particular quarrel to Mr. Th^mn, but the count naving some dismast to him, upon tenns that the witnesses will tell yon or by and by, and Itcing related to the count, we must leave it to you tojnd<^, whether these gentlemen did It sintrly and purely upon thiir own heads, or whether they were not set upon it by the count. 9iT Fr. Win. My lm*d, I shall nut trouble you with rcpeatinif of our evidence, but we will befi^n and mil our witnesses, directly to prove the murder done by these gentlemen ; we will prove the fact downright upon them, and then we shall allerwards come to the couut. Mr. WilUami, My lord, first wo will direct Evidence to the principals, and then to the Accessary. Call William Cole and William EUers. JL C. J. Swear Kome person to interpret the ^ideuce that shall hb given : I do it for the take of the aliens that arc of the jury; for iome of them understand no Exig)ish, and they win not know what to make or the evidence, if they do not repeat it to them m their own language* teen Vandere and Wright were sworn for the King. Sur AT. Joknton, My lord <lesirefl that the iklctor and the taylor that are in prison knay be •tel (br, to be here, ftr they are witnesses for him. Sir JVa. Winfu We desire thef may be here too, for they are witnesses for the king, and I Mieve they are here, my lord. Sir N. J. Mr. Vandore does not apeak t'rench. Sir IF. Kobertt. Mr. Craven speaks Dutch ^d French very well. Mr. Craven was sworn. Sir N. J. llie count desires the favoor of pen and ink. L, C. J. IaA the count have pen and ink. Mr. Williams. Call WUliam Cole and Wil- liam Ellers. HVho appeared, and were sworn.) Which iH William Cole? Set him up. Ac- qmunt my lord and the jury how Mr. Thjmn was assaulted, and the manner of it. Cole. My lord, my master was comin|r up St. James's-street from the countess of Noi- tfanmberland's. Sir Fra. Winn. Name your master. Mr. Williams. Who was your master? Cole. Mr. Thynn. And I hail a flamboau in my hand, and was going before liie cf'.ich, and coming along, at the lower end of St. Alban's-street, I heard the bluudeibiiss go off ; so upon that I turned my f:u:e bacl;, and saw a great smoke, and heard uiy iruister rrv out he was murdered : And I src' three huree- men riding away on the light- sidr ol'the coach, and I pursuetl aiti-r them, and cried out mar- der : I ran to the upper end of the Hay- ■larkeC, till I was quite silent, and was ablc'io gp Ho further ; and tunuug back again, my master was got into the home, and I nndeh stood he was wounded : That is all I know. Mr. Williams. You say you heard aUando^ bus go off, and turning nack, you saw tlini men riding away from ue coach ? Cole. Yes. Mr. Williams. Look upon the priaoBenil the bar: Can you say all of them, or any of them were thf men ? Cofe. No, J cannot ; I did not see thenr hm, but I saw the horse of one of them was a litdp ^ bay horse. Mr. Williams. But do yon take any of dMi# men to he one of the three ? Cole. I did not see any of thenr faces. Sir Fra. Winn. What time of night was iti !^ Cole. A quarter after eight. Sir Fra. Winn. Pray what day of thewe^f • Cole. Sunday. Sir Fra. Winn. Whftt day of the month? Cole. The 11th or 12th of February. Sir Fra. Winn. Then, where is WWm EUers ? Pray do you tell the court and jny how Mr. Thynn was wounded, and by whonii and what you know of it. Filers. My lord, 1 came with mymailei from St. Jamcs*s-sfreet, trttm my lady Nof^ thumbcHand*s, and as I came at St. Albin*» street, there came three men riding by As right-side of the coach, and as they nd, one of tibem turned ahout, and bid me stop, you dog( and just as 1 looked about, the fire was let iolO the coach upon my master, and the men im away as fast as they could. Sir Fra. Winn. How many were there ^ ihem? Ellers. There were three. 1^ Fira. Winn. Were those men at the |itf| or any of them the |>ersons ? EiUrs. I cannot toll. Sir JPra. Wirin. What were the words diM said when the coach was stopped ? Hold, hont or stop, you dog ? Mr. iVillittHu. What condition was yoof master in then? Was he shot then ? Filers. Yes. Mr. Williams. We will give you some efir dence now out of their cx?.uunation8. X. C. J. You had best give some c\ idenc^ of his wounds. mr. Williams. Yes, wc will. CallMr.HoblW the surgeon. L. C. J. Look you, Mr. Craven, you heac what these witnesses say, tell it to the gentle- men of the jury that ans outlandish men, Tlial these mtnesses swear, tlu::'e were three men did do thM thing ; the one of them sto;>{>cd the coaeh, and the other shri into it, but ii was at tSat time of night, they cuidd not know their fac( s, and tho^' ull rid nway . Mr. Crau.i. Uy lord, if you please, the witnfssts may sinak by dc^jTees, and between every wiiiie>*s 1 will give tht^ jury an accnunt. L. C. J. Well, it si 'all br so ; bvit they say no more than what I tell voii, That three men did do tills. Then he imerprete<i it to th^ Jury. f . STATE TRIALS 34C9ai;lb8 II. i6%a..^-.4md piheviffn' Murt^. (n r. What 8»yt that g€iitfcini)ii to y9uP nowa. He laya be beam that three io H, hut ha saya, he doea not hear that r any of them. Then Mr. Hobbt vi-as sworn. VlUmu. Had vou the aBaichimr of u. Had you the aearchiiig Km'a hod y after it woa hqrt P Yes. 'illiams. How did you find hiiq ? I wa5 with hiui, Jfeiir, that pk^ht he was , and I found him sliot with ibur hul* 2h entered into his bodv and tore his I wounded his liver ana his aloinach, ;faU» and wounded his ffreat gilts, and iruts, and broke one of the ribs, and the nrreat bone below, -a. Winn, What time came you to About 9 or 10 of tlie clook. a. Winn. Did he die of those wounds f Yes, he did die of those wounds. lUiatm. Did you apprehend them all ir any, or which of them ? I bdicve there was never a wound ^t proi e mortal. n. Winn. Now tell us what day of :, and what day of the month it was. It was Sunday night, the ISth of f^ I think. /. Wliat did you observe of the bid- I there any thjn|^ done' to them more nary? I coultl not sec any thing, I have «, mylord. ZhieJ Baron. Were they iron or leadP if r. Hobbt delivered them into Court . Two of them, the Uttle ones, may ibr one of them went through a tliick d yet there was no impression on it. J. And this that has the impression, k might be done against the boiies. . Yes. J. Was this left ragged oo purpose io tore mischief P . Which, my lord? h , This tliat is left at the end here, his he more mortal than another ballet, r to heal? . No, but as they take up a greater flying. /. Would not the ragjredncss hinder No, only bniise the flesh, which leah louHt ooaae away before it can be All Uiilirts wouad mf bnihiing %S the /. WcH, these were tlie four bullets e found in Mr. Tbynn's body P u I verily believe they are. Dr. lad them out of my hands for a day or I hdieve them to be the same. , /. Was there any lodged in the u Yca^oaeoftbeliMleoDes. /. Badth^ bnte die gsea bone? Bobhu Yes, the great bone in the baHDm if tbeh^Uy, L.C.J. TwoofUicmP Hohb$. A grtat Qn« and % little one) two of them passed turough that bone, and lad^ in the. back-baie. Z. C. J. Was any of them gone thr^u^^ tjm body? Hohhs. One of them lay b^tweiA th# nhp and the skiq. X. C. J. Nooe vera got quiW througb 4l^ T Hobbt, None. Sir Fra. Winn, Call the Conmary Ifr. White. X. C. J. T^ the jury, Bfr. Crarca, wb«t this witness has said. [Tlien ha inttvpiMt it. J^ C. J. What saya that gentlsBMin P Mr. Craven. He says *(is very well^ hp understands jMLit of it X. C. J. Do the rest of thom understand it/ Sir^. X Ha told it in French tp the o4iers. X. C. X Let Mr. Hobbs have the Mte^ again when the jury have seep them. Then Mr. White was sworn. Sir Fra. Winn. Now we will ask the Coronar a question or two. Pray will yo9 aiaquaint my lord, what you iwow of this murder of Mv. Thynn. White. On the 13th of FdNnanr, in tlw afternoon, I sat upon the bodv m Thoinat Thynn, es^ . and I found he had four holea oa his right-side, behind his sliort-ribs, and tliey seemed to be like holes made wid& buttalt. And I gave order to open the body. X. C. J. And there the bullets were found T White. There the aurgeon found dieu. L. C.J. Were yon hy? White. I was at the taking them uu^ X. C. X 'Tis fit that the Pplandar should have one to interpret what is said against him. ■ Mr. WiUiamt. Captain Vratz, you hear what is Said, and understand it. Interpreter. He says he does undemtand it. Mr. WiUiamt. ¥nf tell the Polander what is said. That is, the two first witnesses s»y, three persons assaulted the coach, and one shot uito the coacli, and by that means Mr. TbynD was kilkul, by tlie shot out of the Uun- deivuss: And the surgeon does say, that thnae four bullets were found in his body. [Then it was interpreted to the Polander. Interpreter. He says« my lord, he cannot tell how many bullets wene in, be did not ehmrife k himaelf, but he fired it, he says. Sir Fro. Wian. He cymfesscs he tired then. Sir W. Roberta. My lord, Uic jury desire la imew if the l^ole can tell who did charge it ? X. C. J. Ask him uho charged it Interpreter . He can tell, my lord, he says. X. C. J. It will iiotbe very material that, for his (rvidenoe can charge oo body but himself. Sir Fru. Winn. Now, my lord, U* you please we will calltliose pcffaoas, the justices of the peace that examined these men upon their ap- pMhspaioHj for ths 4Durdar of Mr. Thyiuk :.••; STATE TRIALS. 34 Charles II. ifi^C^TrMi oj dmui Cratn^faMrft [24 €*adl Mr. UmSiuu'i aiil Mr Jotin Rcresbv- • Hiio u*j\* swoiti stun^Uiu; iuhhi the bench. 1 /•J-. -••".;»■. ■^l\ lonl. he «ays the Uundcr- b\ .\s v.\ir wkv.".^- K*: ;ho «.\am'natioa of 0 ..:,:''■. •-. \ <>«. I w .\< V .1 iiHj^> »c/w the e."Miv..:-jL::or.< ihjti «t".\- Lik*. ;i. S.. :*'"■ W -. >\».-x' \..al'\ all ihonhile? K-. 'VwH. Sir Johv, KVnfs'»y am! I xMA tJikr" tV,C4.- V v ""■..■.li..*-* •. .'. a I w.il nv.J incm .:" 1 i' J Vs :." :";■..;«. U*. .: '.Vnc*, if \o;: pUis*:. ^ ,.■■•-. Hi" .' ■ .;cv. ■.:, : xiio N:*; •.i ;v.v I :»>r^ s .- -. i" .' 1..xVn vxr. It." rttrf^ wh;.- n:v- m S - >* "*• . N.».*. V-. V. > ::■ v*:^''*" :.• •••■■■ ■•.^ " ■ . ■« r- v-.sr. V. ^" V ; L. C.J. TeHhim wb«l I nv, dial ^ deuce is c.^en against him : f hat he did ftr« ' merly arliiowlif^^ hediflcfau^gedthe Uaiite* I boas'into the coach, when captain Vratz rtip- peil the oiach. luTt-rpf^tcr. Ves, niy km], be sayi it ■ mil*, he ^red arcnrdicc to h'n order. I Sir F*-.t. Tl'i..-. Pray. Sir, coDBder wM ' na$(V>.rif;?ss4?«2 h\ ;he c&ptaiH. h'i ic-'f -:■ l)e c«>nf«>s.«ed he bad a deagn to : %bt wiih Mr. Tb\-nn. aad Mr. Tb%-im baTif sereni tinie« rcfitftHi to fi^zfat i« ith bim, he i«* s^'.tfd : ■ obbsre bra t" t^ght by l%«rce, mi' i^i^rttonr he b%d cakirn th»-w penwns ahmgwilh h>.i : th&i -J u: ^^cuM fail in his revenue, tc :.'.r: ilk rL.-\z •' r-t >* ffc'-nM ue pomwd, hi :l o-'. '^-^.r . > tx^"-^. Hir ronSMcvi he mi ir . >- a ■ <• --- ' ;■>? <»*ch. but ibe PolaiM .ri-- ■;. z-^<. ^ ; i r h^ <T.'* zA Ad him fira^ l-..: "-N :~ '.-i*^ >: <--j'i N» birkdered htm I.: a ?! 1. Ai.H.. ^ ^<» L^ L S. H^ .'.'li^g^i li risx :-• nghi Mr. T^^r- N- -• V-. te*M .- * - ■»• • . T ••;■ : 1 r ■ ,-j -.v e* \3WKv ."Wi \ ack4:«< V. -.-isitf-.! I. .' ' H-.n « .' r. .:< r -^xt •« r.k: s ; .?< r«at hic Afi"^* scc'UARS.' i..m<«:*' lAfr Aiyww. tW w«ac> : iJ»i». l*f iiTW ^W n.i>- W M i^ ihf ovnuifr Hfi l.trr. i^t sivir. u^ .'^ : * r**. ^ii»v IVt hr •■vminto. tif Au ti^ " Mm C- ^ XfMi>,'%mu.r%t*m 4%i \'oi ti»r. iHf T*^^ <**Wlnuv ac%iiK fim n. xtiae ft ^ Ibe di» vtmcmMiw*. tr hUmmctmii.. n ^«w vil r»V i; •* >«•' «HCll II |tt«^ f«i%tls tJT Xhf ■*••*•* «*» iiiMjwi |«r i% u^cnrf Ufutn< ** ^ i^^tsx If :»u m-* rtib.-'- u kmne miMiAii ;i - n*: 1 :^ ts .Lj»e- i>= :ad the P»- j-f ^r*» "~ . I^j* 'ji r:.*L>:S try tbsni; tf *: ; ■« . .-_ :•" "If ~-: "• i 1 .' ^ If. I H< .'<.«T^t*!4MN sif Pi^xiiAer bad .;■. i.*.. . :i. : i-; sni. iMiLoiif f-r«» vh(«k he . . .' \ . •< .'iki'U^i ^ -u;. y*f*^ JMar vhn ^ »a-« i;^-!. :. ,- ^ ••; • • i?.b^ r^3.*ts£iaai ; thM in I « ;i.^- VK^ ;.!■• 7Ti Liicr V '.}- 1. %»ffS!j7B la ^|hft M' T' 11' i."i; s.iTi: iiin If iifi*: *f I fi-i; .'•: — Atiu. - wtf y'«*. irnxirtc IM*«4;- V nr I'M. ?' riu"""! '*''.*! id^ it raM "rcHi nut Vfti .lif ii.t r ' ; liin M-tif^* "B isc^ rifc^anr Si* ^ .i.*ij«-ij. si* li.^i''*f» li I / . '^'!- :iiri snritL Kir-luiu.vi a"^ :!•« iiiii«'rrvfc«" Thf»r ^;- v'-i ^ni imi* ii-fqav. r w hi^ ■ .. ,■ .- Vnv -srwKii uiniL'. anr lid 'bs aihfll «•<>• th:«^^ uni hM :!•)». «rt>nii!Miiur am ^bip IV- fsmit.-" u««\ni * iji !i.ii i> ti»o •«» -r- uinv Mr. Tl »iii i^'iii;: ft «.*>n2feMiuii :iu» !..4« **••»¥!* a 4,'-* :i m;i: ^ '*.■'*. .lUN nViH fiii|. f.jif. ||f S1V«» 11 ■ i'»*i, ::.u 111 IkPi "Ti**-'.!*! Ill bTT^fire ^' "1 •■rii i»t%.i ;hH» 1%.' rlOiilfUlCl^ Lim •iTW's*' ^.»»'. l«vr»w W tKf%ix£>1i. II «5] STATE TRIAI5, 34 Charles II. 1082.— amf others, for Murder. [26 „ witb 1iiin« that if m be Mr. Thyim's I MrTBim should aMuih him, orknoek hini on the head, or hinder him from escaping, that flh^ mi^t |(ct him off. Sr Ira. Winn. I beff one fiiFom" of you, fir, thatvou would ask him one qaestion, and Ihalis, What the aflrontwai that Mr. Thynn gate him? L. C J. That he apprehends be gave Lim ? rpie Interpffcter asked him.] Mr. Craven. My lord, be says, that at Rich- ■sad be heard he spoke and gave out \ery ill imguagv of count Conin^mark, who was his Aim, and a man he had many obligations to, ttdsoof himself too, and he would never ac- qaHBteountConingsmark with it, but would savesatiBftctioD, and take the quarrel upon iimself, being a gentleman ; he says, that he Ward that he called him Hector, and gave such iU hngoage as was never to be suffered. Sir N.Johmaon. And the fasliionin Germany ii, if they won't fight, to shoot them. Sr FVw. Winn. How can you tell that, Sir ? the tntopreter that asked the question says no f orb thing. L C. J. Pray wiD you ask bim this, whether c*tr he saw Mr. Tliynn, and how many times ? Xr. Craven, He says he has seen him se- Tcnl times in the playhouse, and riding in his c«cb ; be did not see him at Richmood, for if ke had. he would not have put it up so long. Xr. Willitam. I believe ne never spoke to hmia his life. LC.J. Ask hhn that qnestMW, whether he nvipiketohim? Xr. Cmen. He says he had no friend to nils Mr. Thynn, and he could not speak vtt Ifr. Thynn himself; for Mr. TliyBn ■fhnhink that he was not a gentleman «ood mt^ to fif^^ht with him. L C. J. Ask him thn, about what time he ■* him at the |day-hoaae. Xr. Cnsvea. fie says he does not reroem- kvcnctfy the tune when he did see him at AeplaT-hoBse. £ C. J. Ask him whether this affrant that kpKlenda, was given sinoe he last came over •when be was in Engfamd before ? ^ Xr. Craven. He says it is eight months ago mm be veoeived die affront. L. C. J. That was before he went out of Earind? nr. Crmven. Yes, it was before. Sr Trm. Winn. He says he writ to Mr. Thynn SBl of Holland ; we desire to know, by whom hesnt his cballenge ? £. C. J. ^k bhn if he sent a challenge to Xr. llrrBn and by whom f Crmtem. He says he could send no lew a gentleman ; ami he had nev<*r a gen- Ui send by, and so he sent his letter by 'JTi . BIr. Bridjgman, now we nA you oonoeming BIr.Stem, the third Bridgman. Lei me Juive the ajGimination, tf I wiUlook «poB it and ten yon, Mr. WUHams. Pray, do. Sir, tell us what ha saidP Mr. Bridgman. Upon his examination he confessed, that the captain told him he had a quarrel with a gentleman, and that if he would assist him in it, he would make his fortune. And that the captain gave him money to buy the bliuiderbiiss. Sir Fra. Winn. Stem did confess that, did he P Bridgman. Yes. L. C. J. Did lie confess he was at the fact 7 Bridgman. Yes, he confes8e«i he was at the fact; andheNuid when he came beyond Cha- ring Cross, he was about ten yards before, and he heard the captain say, stop* to the coach, upon which he turned about, and presently saw tlie shot made, and he saw the other per- sons ride away, and he made away after them : and the captain fiirther tokl him, that he would give two or three, or four hundred crowns, to find a man that woidd kill Mr. Thynn. Sir Fra. Winn. What did be 'speak about stabbing, or about an Italian ? Bridgman. He said that the captain desired him to get an Italian tliat would stab a man, and that lie woidd get two poniards for that pur- pose ; and that it was before the Polonian came over. L. C. J. This is no evi<Iencc against the captain ; but pray will yout ell Stern the lieuten> ant what it is that Mr. Bridgman does testify against him ; that he acknowledged thus and thus before hiui . And pray speak it again, Mr. Bridgman. Bridgtnun. The caiitain tu!d that gentleman, that he had a quarrel with a gentleman, with whom he was resolved to fight ; that he wanted a good servant, and if he would assist him, he would make his fortune ; that he gave him money to buy the musquetoon, and owned he was there ; that he went out with the captain and Polander on horseback, about five or six o'clock on Sunday ; that they went toM ards Charing-Croas, and when they were eonc beyond Charin^-cross into the Pall-Mall, he beard the captain say to the coachmso, stop : and turning immediately, he saw the shot go off; and that they ridmg away, he folloned them ; and that before the Polander came over the captain desired him to get an Italian to stab a man. [Then that was interpreted to Stem.] Mr. Craven. My hmf, he denies that he siioke any thing of four hundred |H>ujids, or alM>ut the Italian. L. C.J. Tell him it istestifiiHl, that he cou- fessiii he was at the shuntin*^ ut'this t;eiitlenian. Mr. Craven. He savst \\v was there, and being about ten yards ull', \iv hrurd one say Hold, to the cou<'ii, bui lie caiinut say it was the captain. Sir Fra. Winn, lini was he lliere ? Mr. CraiH'n. V<'K, he siiys lie was. Sir Fra. Winn. \\ ho cause«l hiui to he there T L. C. J. Ask him upon ulnit iH'casion he waa there? Mr. Crai'cn, He says the ra[»taiii entreated S7] STATE TRIALSk mCkablcs H. tsW there to be his Mcoiid. U fight viih a gentkinan. aiid that was the reason. L. C. J. Pray tell him it is imiMd here, Ihalheboa^ttlie musquecoco and chai^e4 ii. Mr. Crmzfm, lie say^ he did awifl at the Wadimr Of' it« he was by. % y-is. Wmn, PniT. my lonl. In us kaam frho it wa» afi45teJ hiui ? L. C /. Why, that k do eriJcnre i^miast aav U\Jy. &r Ffv. Winn. Bm. my lonU it was deli- venrd ii> the l\'I.iadi.Y charged, and «e desiiv to kn^Hl' iib%« iiM«W«l :t ? L.C. J. A.r.-'i. That is no c^ukixr: bat \etth<r <|Ue^ja r.i^y bv a^hed. and then the }ii.r\ Uniy b« loid :: i» ::ti e«i>it nee. 1- C\ J. Cut uv IU-.M r.'-c let the jury be (*^V!vewii>l by thas *• ti:*. u :> -j . i * ^ Uieoce. L, C. J. ^ '"; i. IVu\ «ul y«>a a^ bim. Mr. Cni^tii. whv- hcIiT-^s: hl;:i i> U*ad ihe sr-a * Mr. c'-;***^. The oap%^;n wju» bv. be a\"«i, anii iht' c^-u:;* and h<f «i a \i '.coHtwr. S: y-"*. U, ■»■.■. N.'w V.C «Ifta$k SirJ^^hr- R«Te»i>\ the" saT.e ci;e'«:-.>3* : \"Ou weiv bv. 5*ir, A. '.^ ; <:i:&iaLiuL«.'«i» i-J aicie three iikc. iray W!u: cai die P.'^^lxc say u^va hU exaeL&4- BTk laetixvy ^\i.\ r. i- jiiirtcLar* ; b*:; ir'vcw" !'j«-«ai^> ^"Mtii^^k I w . ; rviic it. L. I. J. y \ .vi,.t*i. \\-,ir a:c Jiory »ua ic tp c*--. lb--: ?.c •*■;.< :'k >fr5i. :•. .?..: ': : «kdetttf^ tbe 9tu.<2«ic i«^ izi » M:. Tby^-. i «.>3UL-b« jj: 1 goji he ^a^ «.viiiii'«uuiKv: iu lu «ioby ci>4ui £.- i.' /. P-ai is ii« ^u-^fOT'.-v ec ail. S.: i"- . . ^r. x.i . V.'^i .» « ii> a. 'Ji ; bi:t ^ ^ di»: C^^u.i V.-aU klv .' L. C. J H* *iL.i v-u: i: ,• d d i-> •'«« »wa ^ in'., u' :: :•- u^'.&i -NJ Mc T^}D.-i.aMi«i4 uaa.' fir JFra. V-iiia. Call Bdkhad FoidemtnB, My lord, we would willugiy ^pare yoiir tiM aiM offer odIt what i> pnper aa this cue, and DOW we shall pixtiuiv our eridence against tfat Ccuiit, ajid if any thia^ tall r.-uc in that cvi- d«iee that touehJs ihf^ C^rtx lOrn i vhich vi think will be k^ the Mljug a/C d^^d men) yov kruVkhip wil] take d^qw oi it. Now we shall not •^> to cpen the hcvis oi' ••:r eridetios acaiast tlie count, Sir FruLirii Witheoa kss j girec an accvoat oT the j^eaeni, sad our wit* ! wesses wiD belt ikcl^i. ::. Mr. UnU^iu. He w-?J be^ -hh Fr&detidi HansoQ. ^Wbo was snoni and aood op.] Eloiv Im^^ksTv \ou ks'jwii couat Conings* mark? H-nii.^. A maHer of ibcrTears. >Ir. iril'lssu. PratuoyccVj&^kLiBherhiifaiil ! cvmio^ into Es^iaa^? H^zAn. Yes mv k>ni. I co resziuiiber it. Mr. »i:.'..j.7if. Tnea Let ^ •^i;w ±« tzmf 1 n : T-v ;. I tiiiiik s :» ai^T t j, mocth since. i 31r. W. ... J. Hhcrewis'iliiioif^j^telf i Hz':*yi . TV d^vt tjiK I aaw Jmbi was in ibt t Mr. ir, ^^z^, D.dbect : iiclv .' pnnxeiy erpn^ m w « •> * 'V^ * * ■-• SI' ft Mr. .• ....-^-u. '^ s^'u '^uj a.La» zrsc jodsiiiir . fl'fiil M- !* •Ji. H.-if XC4: :;i M.-. 14-.^ jiu. ^av ^i^ r-ai tar lUbr aO cciTfr i^^c\-t.M.«.-A lU .iii >2iat AiMiis. UM »f >;.- rv. .-«. W!s*i«i!dSiprw' Sr / ."^—.wy- Srffn oiu sa% L^iMLUiKav bsc ^v- ::e'irir». u«i ;i>:"".': bin; ?' ^i ^kiuac «-' : wii^ iUtl 1AW4 SUM A c iR*t le l!» w- a^> ffet:^ . .i* iJe 7«.<iV''^* -^ ~**^ aere 3«im«lu je a ;dt» A Lie •.-«•• r' Tun v>r %-:3£ 9x«v uu .'•Jiiie*»^ BlICV' ZOiMD » A Uer-U. L^iU Jtf V:k3uwr«pt^« ha w^ aisrv: u .oe :ui.i: «tikU jk win mmk ' 5MC .'. iL«^«^»_i Y^x le lio. jjuusiijwir •£- C /. .Wl .jcee ounik^wu um w««v iiani' ' Sk /- 2d-%se^. Yak :a«« :w au. ^ ^'- /- tVirtii. Ibe^ un a Umra -if ^^M ^flKfe WQa»aamaT*u. ?lf'a5?^' TVy aui wy cuikm HijLn. 1 bk.2e«e lb: a^pc h* c: cne ^fUtf >!.- IS ...MM. yt'itM you wilii Iiiai ataoj )Ir. ^> ^i.fuis» '-Vidi cuox^any did OK Si be SMI : * vvw: »n»r«i j-*.ii,« .' lUBsqr. vvw: r:..iot. -. t2;xi\ 'ci*:^'S:»^, l^ii smllb wtM efe^- * Sundifty :.? liie .••.'sus^. wWn ^y k ^C^Mic ai jkd. I ctlliaL. r I ctukU ac iiimiosd !• iwv B.m. :»-- I «eac ^ ^y IxaOi. icii a SoSe lAv ui«f -iuotn- came. Sr y-. U ..1.3. l^ay.Sr* ic siaKt;iiaeAithe /r ^i» he J2 a iiiC'iix' * =.v:ftc-cs9 imi ji:f-:c ^4«u. jeady ai ^avbtt Mr. Jf'M'tum>. W(Htt yutt mrs laasvipyi ai the FWc-a«#«iK. lat y«Ni gv -m y vur ai AXimL «* ««!« vuw Kitt aw . Si»«ni. C«HittC C*Hiifiis^«nrk ivwc ftri ttniw> It w«» at a «»&» ! LTf TRIALS, 94 Cfi AUfeS H. l0S8.-^Mtf oihen./vt Mtttder. ' [W It. In vhoBc jchaneter wis it . the count's own ctoracter. in. What was liis name in bis ' What title was be called by, at? enow of no other name but only m. Was it known to any person * — Hanson. No. u. When did he remove from iMon. I know not. tru You say the first place of his t the Hay- market, where did yon oond time ? a comer house, I know not the trect. kem. Did he direct you to come u. Had you any discourse with business was here in England P isked him, if we should ha?e his some time ? He told me he was ut some business, and was ^ifVer- ito r ranee. If. Then he never told you what was ? — Hanson. No. RS. Where was his second lodir- y? was at a corner house, not above from the former. u. How.lont^ did he continue in gin?? tew days, because the chimney rtiat he could have no fire maoe in. Then I ask you in bis se- , was he there publicly orpri- c was there after the same man- is in his first lodfpn^. nt. Whither went he afterwards P » St. MurtiuVlane, I think his in. How long did he continue liere I saw him the last time be- IWLV. m. When was that ? t was Sunday evening, aiVer 1 bftehall. ou. Was it near the time of kill- in i* t was about two or three hours '/IS. Was he as private tlHfre as be tjr\i>^ihg^? — Hanson, Yes. ms. W h'lt company came to him nic same that came to him in thu H, Who were, tliey ? be doctor was in nis company . t. And w1i(»«"Im.'? •aw one cnptaiu Vratz there. t. 8ir, t ask you upon youroa^, came yuu are a man of understanding-, did you n^uently see captain VratK in his company f How oAoi do you remember you saw him at his lodging* Hanson, I do not remember that I saw captain Vrats at that lodging above one single time. Mr. Willitms. Pray, Sir, thus : Did captain Vnits c(»me with the count into Englaiid this last time ? Hanson, To my best rememlkrance he did. Wr. Williams, You say captain Vratz can with the count to England. Hanson. I believe nc was before the count; but not lone before : I cannot exactly tell. Mr. Williams. How long* bctbre the count f Hanson, Truly 1 cannot toll, but I believe not lone. Mr. Willianis. What makes you think he came into England with him P Hanson. Because 1 saw him in company with the count, as doon as I saw the cotmt. Mr. Williams, Were they in company at the post-house ?'^Hausofi. Yes. 8ir Fr, Win, And you saw him once at hia first bd^^? — Hanson, Yes Mr. WiUiams, ftay, Sir, have you carried any message from the coont to the Swedish resident ? Hanson. My lord, I can say this . upon my oath, to my best remembrance, count Ckmings- mark never chaiged me, or gfave me any posi- tive order to go to the HweAinh envoy, but be did name the Swedish envoy to me, as if he were wifling to know his advice; and so I being oblfgM to pay my respect to the Sw«diaii envoy, who hwl treated the yoong count and myself very civilly before; and to paying my respects to the said envoy, I did remember the conversati: n I bad with the count, WbA spoke with the stud envoy about thb buafaiess, aad that b an tl»at I can say . Sir Fr, Win, What was tliat message ? Hanson, I say tbere was nodirect mosaage : But I say this was the business: count Oe- ningsmark told me in nrivate finniliar dis- course, that, be had neard that an^eire Thynn bad sitoken some abusive laiig««ge of hbn, and ne would lain knew wliat Ae consequence of this would be if he Hbonid call him to accomit aboat ibis busiaeaif And be named the Swedtsb nvoy to ne: Jlad I saw bis deMre was to knew on epmim about the bttfifiesi, vrhattbecowmenea^fft would lie. So I spoke to the Swedish eevoy^ and he gave me lifais answer, Tbatif lliecuual should any way meddle with esquire l^ymi he would have but a bad living in England ; but what the law would say in that paflioular ca<ie be oouM not answer, but lie wouM en- quire, and aOem-ards w<iuld give me an ao- cmmt ; but I never spake witli him after. Kir Fr, Win, I asK you, because you have been formerly examined in another place, about this matter ; do yon remember anything that ever you heard tlie eomit speaking of fighting With Mr. Thynn ? w : J STATE TRIALS, 31 Charlus U lefiZ.-^Trwi 0f Cani Cmu'wgwmrk [92 Hirucn, CoyQt CooiagHXjark <poke to me L. C. J. Pra j, Sb, thus : ^^wasilied» in \h*T OT.iuan laciriafe ; I *pok.e lo the roone, as nev aa you cao remefLber it, bfr >«w^t^<i asffciit in Freach ; mkI wbeo I wa* cwcen coaxu Coniogsmaxk and ;oa, reiatin| fct. : .rr :l>r k*:^ aod council I $^>ke uk Fngijjh; to 31r. Thjma. tiKr^i ife 1 Oevire d*> ir«il cooatructico may be L. C. J. AorrA. TeU the whole, SL-, for yoc ni.ii> 1.4' ]i, I coowic nAientber ihv count are booed to lell the vhole indifiereDtly. ^-[ikr. ot'k^Il.nL:«^r dueiiin^. On thvcoamn' >ir Fr'i. RIaa. And pray remeuifer whai 1 c^n ^wear tV^ count C'ljaing^smark thi*. That }Qa swore m amther phtt. I ;i:ii •.■«'nnii»rtit h*: ntr'ter toll me tLat he had Haiuci. The count sent to me a Boief thai re^/ivi,!! i.r wi;;:M bif'jt with Mr. Thyna er be bad a mind tu s{wak with me, and be en- \'. vulii cnll bim Lj :in>»unt. Uir it' be should call trciaiacd me w:th a tamiliar discoune aboui hint it» acLtfUDt. what wuui«i be the cno:ie<|iieDce bia travelliog. and about thif wttiinif of his bu- of 1:. '^ice^ae. ai^d th4:!vuiwa be feil npon other dis- ^t^ fr. li'tf. C'lii him to account about M>hat ? cr>:irbe about Mr. Tbynn, and. noC to m^^tafc^* H'.'^M.n. liiti cDUfii in familiar dmmne ba« in;^' b»I tiui«: in mv own chambtrr. I havf with ruK. il.d ttti mc. that he boi! iKrard t^oire put it down in wntius^, to »acLsfv my lord and Thvn*. hiii >p^<kf 3bu?i>'-lv of bin.. ^ ibiai hooourahXe Court, what f can saj aboni >.- Fr. ll**?. H';w hul 'liK sji-jktii ubuMveiy 1 tLia Ukaiter. * zJ'*** IT J 1 I 1 'Wr. HaoMo reaik^ Tia verv hard to s. » r- 21^ e a true account. ■ >!.. ir.'.^i'.- J. Uc« there- .i:.\ ihin^ in tnit . L. C. J. Read it to yourseif, if you wDI, ui*-*<k\s*: ar»>*-.i niarr^if:^ ni_\ I^% i>eie? . and urllus the ^uliestance. /' .J .. Th.i4 wnj» tlit^ Ivti part rtf theqiies- ' H-znj!* .*. If my wi>nbi may not turn to the tivr.'. Tuai if he sbuul'l moMle wi:h enquire prejuiiice of my lord cuunt Cooingsmack ; T;i\r.:i. wh->t th'r r«<s««.f|uence r/.i>2ut be, if but this» is th^ «ub6tance of the thinff. M^ ill*: !uM<« i.'f Eii^iand ui»ulii be c<Hiirar>'tnbim ^ kjid count Coningimark dad tell me m aft- la iw: h' ^s '-r {:rktensivas he mi^ht haie to { miliar disscoune, that irsipiire Tbynn haJiaoka nr. \:-.- ft.''-. . Mjme redectin^^ words upon him; be did de- Mr. ll iina.*.!. Yi)U miocf your wonla miffb- j tire to kiiow- 3' he did call him to ny^tl, t:ly ; prsts rvn: t-mbir y oursetf ; Did be speak ' whether in this case the lawaot' Enffiand n^ghl of kiluiitr .Mr. ilivuu, or liiai Mr. Tbynn ' uoi tfo contrary to his design, in liia piclB- *!:<yjU! '« i!<->t7!>yed ? : »i*>n» that be ui|^t havv upon my lady Ogle. H'iHi.: 1, .\->. his phrase wax, if he should ; .\nd iu thai familiar dficoiwe, he sceioed tu lia«»: an arivantas^ of him, when he should : think that muoaieur Liuibur^ oouid grrehiH meddle with him, or call him to an acct4int, advice. In a littie »bile aitcrwank, I wai what tnc roQ^eijuencc- roight be ; I can say this pay ir:r my rtspeccs tu the envoy, and U(«ofi i;:% c«iiiM:i«:DCe. j iDft Upon the Count's cuuvenatiuB, I syokt Nr I't . U'i'i. Sir. you are in a place where tu nim about thia business, and his answer vai you nre sworn tu ^^r»ik the truth, the whole this ; he told uie. that il' he should Meddt iniih. ^ftud U'tiU'iii^ b4it the truth; Uliat with Mr. Thiim, be woukl bare na gwid rt:la:l'. I.jlm-. vol tu couat Cunin;^uark'ii hTin^ in Holland: but as to the rarlimlai fini.!\ ." . qiMstiuu, what the couBe4uence 01 the law Huf^i.- :. I iia%e no rekirUm to tht* family mi^ht lie, hr did not know, but would CBfuri at all. antl teU me ; but 1 never asked him any %ucs- Sirfr. IVix. .Are uot yuu soremor to iLe ii*io about it afterwards. And if my canter- young ct#iinr ; saiiuu with lb i^ count, or %nth monsieur Lies- H'.nnjn. The countess has p^en me her bur^i, should turn to the count's prejudaoe I youn<^er >od. t^jr uie to be bis coinpaniou iu his sh*)uid b« anawerabie tiT it to God and mj travels own co&»cteuce, all the days of my life. I Sir Fr. IC. :. Sir. I ask you a phio question, desire Mr. Thvnn's blond lui^t be reroD^ged, let it ti«r at %«>iir own d«x»r. if you will not trll but I dc«ire alst> that innocent blnod may be the truth ;* had you any conversation with spared. count C«»nii4r*mark. wherein he did desire vou !$ir Fra Winn. Pray. Sir. will you look to ask adnce nt the SM^lish «roioy or resident upon thai paper ; wusi^e*! it. here. alji>ut ilutliintf Mr. Tbynn. or in case , L. L\ J. S-^^tr. lDnl\ to recollect your IM- he %hould k:li .Mr. Tbvnn. ^r noun anv such . mor^. *u \w I «i f ^^ f\;- .-,* ^««L.^.. :« [Then he wa* shewed his ExaminatkiD be* UfinMfu. .•!% l'»nJ. I --av luis was spoken in is.^ .u^ 1 ■» II '- u .u **•-.. 1 IT. I I. tore the council. • sererai tan;.n'.d4/i^. by the Count in Uiiii;h. \*y myself to the eiivn^ m Fr»'nch ; and 1 tlu know L. C J. Now you have read it OTcr ; iImI I suure btriijre tlie kinif ami council, but I therein under your own haml.^ Do vou IM caonot la%' this to count ConinsMnark'schar^*. : aieam deliver the substance of your IIbcmw for iti*'-n f 1 11 list tbrtwear my .>elf. j you had with count Coningsmark, as you w3 Hir Fra. iriAa. hir, you can ansH er me all ' stand by if. mcsiiiHis in £ngiish, if you please, what ] Hawmh. 1 see that there are exptenMai a Hcoane was. this paper. d3] STATE TRIALS, 34 Charles II. iGSC— imi others, for Murder. [5^ X. C. /. S|ieAk not wbat is in that ]Miper, H wfatt diacAune (u near u you can) you kad wkli ooaot ConingamaA. ^ Aaton. My discoune with count Co- ■iagonrk was this : in a familiar discourse awwinn other thincs, he spoke, that he heard caqoire Tbynn had affrontctl him, I do not nawapoa what subject, but I believe it was words vcttecting u|kmi him and his horse ; he did aoC tdl me that he desired me to go, nor did be give me any positive charge to go to the Swedish enroy, but by the discourse I *^ * with him, I did onderstaud that he was to have his advice ; I thought his in- re, that I should go and ask his I did not go on purpose to do the nor did I reoetre any order that can ht ealied a mfige, in my litv, to my remem- kflBoe ; bnt when I came to pay my r^pccts iaa fiuniliar disoonrse, I did propose this to the way ; what miffht be the consequence, if the emu should call Mr. Thyun to account ; ad be told me the same answer tliat I liare Isld you. Now this 1 desire only to that it was spoken in divers [an- I ; and if a man sbonkl write down my BOW, as they came from me, they reading, pcSrhaps, ap|iear not so adi; ■• if these expressions of mine sliould ConingBmark's prejudice, as that ir that this phrase of killing or was used, or that ever count Coniugs- ~ ne that he resolved to call, or that call him to an account, I might do pcthaps ; hot if he should call li necoiint, what might be tlie conse- MOf k. J>M. Win. I would not entangle yon, te«ly I would sedc aHer the truth. I do Madk joa positively, whetlier he did bid you C^ MC ailvioe of the Sxi-edish envoy, that M naolvoso and so ; but did he discourse if he should duel him, or fight him ? As I am before God Almighty, I aay I heard such expressions. Mr. WiBimm* Ptay, Mir, you confess vou the envoy with it f— Hanson, ^es. Ir. WiiUami. Dul you bring the Envoy's 'to the ffentleman, or no ? If 1 should be upon the gospel, I I cannot exactly tell what was the e\- £. C fiffiKM. What was it that you dis- emad he doubted, if he did call Mr! Thynn Isaeonont? flir Fru. WintL, He spoke in relation to a ■amagr, pray what was it ? Mr. Wiliiami. What did tliot if relate to ? tfajMon. If be should adc him satisfaction dhaut it, bavin? Iicard that he had spoken abu- ■vcf words of him. ttr Fra. Win. What then was to follow ? Hsiuoii. If he shoukl call him to account bow the faiws of Engfaind might do in ■B point. Hr/Wimam. To whom P HaasM, Totlwooiwt. ▼OL. IX. Mr. Williams, Whnt should helhl him? Hanson, Whether the law should be con- trary to him in the design and proposals -ho might have concerning' the young countess of Ogle. Mr. Williams, Well, I see yon viill give no reasonable answer to tliat ; but now wheu came the Poluuder o^ or into England P Hanson. I cannot say positively I can tell ivhcn he came. • Mr. Williams. But when did 3'ou see him first? Hanson. Upon the Friday he came and asked me for the count at M. Fauhert*s aca- demy. Now the voimg coimt Coningsmark's chauilierand mine joins together, next to ouo another, and there came a man with him, I do not know his name, but if I see the man I know him. Mr. Williams. You say the Polander camo over on Friday. Hanson, lie came to nic on Friday. Mr. Williams. And he came to you to the French academy , to entjuirc for count Conings • n>ark ? — Hanson. Yes, he did so. Mr. Williams. Had he any letters P Hanson. Yes, he had two letters. Mr. Williams. From whom, and to whom P Hanson. I asked him if he had any letter for count Coningsmark, and he said no ; hot he told me he hul two letters, and the one was to tlie count's secretary, and the other was to the count's steward in London. So I gave him back his letters, and asked him whence he came ? He told me he was just come into England. I a^ked him whether ho ^ad been a great while at sea ? And he toUi nu; yes ; and that it wss stormy, and he had like to have been cast away : said I, I hear you are expected, therefore have you i>aid your lodg- ing? No, said he; then, said I, go and pay your lodging, and come to me in the morning early. Hir Fra. Winn. You say you heard he waa expected, pray who expected him ? Hanson* The count; for he had spoken fonnerly twice of the Polander, and in the great storm thouglit he had been drowned. To the best of my remembrance, I have heard the count sneak twicwof tliis Polander. Sir fra. Winn, (>f this man? Hanson. I suppose it is the same- ?Sir Fra. Winn. You say you saw him on Friday ? — Hanson, Yes, 1 rfid. Mr. Williams. When did he speak of the stormy weathinr, and that he was afraid the Polnncler might miscarry ? Hatmm. Abtiut 12 or 13 doyslwfore. Mr. Williams. Now say us near as you caa what the count said. Hanson, He said the* Polander was a mighty able man, and undfr^^tiKHl horses ; and tho count had a mind ti) buy English horses, and intondMlto have had this Polander as a groom, to dress tlieni at^cr the Ciennan wav* ami no man was abler than the Polander to Ao it ; and when he spoke of it, I uiMit onrv to the D ^y] STATE TRLVL?. 54Cn^aL33 LI. :r>:.— Trai at CanU Camsarmdrk [i '^ '■'.•'^. and -^i^aiiTti wiiulitr dif. -h.'.rt trts .liay. [ i.nleti •■r "h** <^-:. int ".*- t»": t .!."*t ' iT T-w ■ •»! ."vaiiv i ii HUirii 'a -tAT & iicd 5; .■■:»* -71. r .:aii .M 'i pj'.t.hq. •jiil juiv o^iujii 'um l!i ii". ^v.i'ti* u :■.':.■. ■•a. '■•-... ^i* idi !Nr y- -. " II.- stniUiknL :•• -k.* \:*jccrniwi tji; • v . irJ. u'l ..:•*■* ir"-: ^i* 4**r.: : ••• ui i: . L.«: at..' i :'. . .-■'. L . :.-r*-u- .» -^-at "..*: 4"«*'>rJ i 'ani'.t • - -Li.-t- -•!; It ■ ■ . - --.J ,..., .. . . ;ij-ot -^^ oieij ; ■ Mi.- ^ — .; ■ *: -. 1 ::■: • .... . .< -■...■. »■••■. ■ . * .. ■ T' a ; -rts i:::^ i;;'»-j - : . - " ■••..i* . . . i'-r^.T • • . ii k •'*:'• .!» arUi [•a. i .1 ....... i" ■ .*-•! » la ■-.::. ^n_i ^ . ■ •■■ I ■ 1- ■ ».tfr ■ . .■••.; I - ■:- .-.. . ». : I.:. .: .*. u ... ' -^.. .ia- : ... ir.t rrr- -r.. s* *: ■■• w ■« •■ ■ y . ■ ^ 1 .1- . .-- ■* -c: •■-..1 ■^c •>.; t '. i :jn.' , I. 'ii;- * ..•:.! •■•iiit * _■ J , ■ ^^•u. ^- ■•:; jr r. L ' - ■ . _. :.■ : . ". » •.... V- :- !.<« *• iLs •«■■. ■.■:^ . ■. : .. .Ijj" i.» -■ .i. -K-i ca ■- •« - • ■ ju: iO ^ ■■.! 1. I Ui^ '."Z Lr -.1 ; IT" -.- T'^nj.T;/- JP- - i j-^4 .^a -uli kl f. •;•■ — t> .?»f 7»«Ut'- :— -.Ii :■■":, Aj«i "ii-^r -v.^ ir -.le ■. : :■ •u ' :_' pan imii je«'rr i i»»" "~ . ".'? : :*■•.-■•.- u. .■ 'i s. i^ ijii -;t»i ix** iiitk ... I r T'-r 'f > . »fr':«u«''i:-- . i ■«* % U-Ti a.» jr lutr \}» . » lu i*iu li:^ '■ :■ r ,':. -1* * |i -' T i'miti ^':- -I'M ';ks •••s^ jr .u* .!.i:»iitii'Y« iLi:i ad 1 ■ IV •. ^mi Tir I. i»'»~!.i>i* V"!.- ••■nn; ■• .i-«ii: >». . v"*i ;^i r-' :«TC . ^ \2ia* »».- . k > ;. _ < • ;i:': : . . :.-ji .c I ■. .! 1;*: • rii-f - -u • i i'i:"-n:- ■• ;«.■ .J :. i:n m ;. 1*: -'■ It- ■ 1 ■. .* :. . •: nii 1 » n^^i.i ■ ' »* 1.:- ». I ■ ■.»«.•- J ■ .'line ». . ^ >•■ . . 4 ..:-.. , "MMtl • • • . ji -.i-.-pi. it: I Mi nt.' \ •itea t -aim, -p,™ .^.. ,^.. ^.^^_ - ^ ..^ -m.- -:, .* &'^:U n*.' -*' «ra, iiB -«ai , jfiHii-r. - H:a ." V^ic ";ai.:4 k.i'- ' ii.-:u. • .... ::« *v-.i:.«. ti.. >>& - lUL . «iUii| Slil pmatf^mima -.tnin.j^ .•1 ^uT .* - > .i.M .ai S TRIALS, 94 Cr AiLis n. U:tt,^tmd Mherhfor Murder. [dk «. I told him th« gr«at4rst nrwt 1 had kiHinprot'Mr.Thyiui; and I told him Jght ihc news; and I told hiin the re angry at it, that sanh an accident ippen ; and 1 said it was an Italian used in England, i. Kinn, What foid he then ? iliiams. Pray do you remember what 1. What I have answered now. He t such questions upon tliis story as I you. I. Let him explain himself: Pray, as ou can, relate ^ hat discourse you had nt Conin^mark that Sunday night, came to hiin and told him of the f. Winn. What did he say to you? t. I will tell you, my lord ; the count rized as e\ory niaft would be, to hear an accident, and so the count ashed the iHMiplc said, so I told liim what I ^Vhiteha?! ; I cannot call to ray me- thc fiarticulars ; hut I said tlie king ily sorry, and all the <:ourt, for so sad nt, and 1 must wrong myself, or count lark, if I slnmld undertake to relate Imt passed, for 1 cannot n^member it. illiiitm. But you said iust now, that the count it looked like an Italian used in En^kuid. r. Yes, 1 did so, \Ui»ms. What did be reply to thatf r. Not a word. iUiams. Did he mention any thing of HIS to you ^hcn ? I. Ves, bo cave me a plan, or a >f a fortification done witii his own I Chat was all the discourse. iiiiams. Ho then he (fiyerted the dis- tbe business of fortification, r. The cTidence is heard ; what it is ideil all the discourse with, shewing per of fbrtifirations. I. Wirm, But this he does say, he n whstt the people did say of it ? I. For my life, I dare not say I re- my more than I have told. f. Look you. Sir, now will you in ?liver tins for the benefit of those jury- donH understand English. Uiiam$. We pray, my lord, tliat our sr may do it. r. When a man can speak both Ian- le neeib no Inteqm.'ter, he is his own prpter. r/ZitfHfffw My lord, 1 will tell you why llicre ix ft f^^t deal of difference, I re y«Mi cxuiniBe a man with the hair, e you examine hiin against the h»ir ; ou find it difficult to make a man an- I will tfiiniji him with questitiriF, and smf^le lirni, to sift out the truth : mi l^vc this roan tb the interpretation lie hath said himself, he will make ory of it« •«! wc bImU be never the r«. C. J. You may examine him in French, if yoii will. Mr. WUliamt, And I undeniitaiul none but Pedlar's Frtnoh. HW Fra. IVinn. Tlie truth of it is, what your lordship says cannot lie opposed regularly ;* but 1 do appeal to your lordship, and aU the judges, and all the court, whether this man ctoes an- swer like an ingenuous mnn ; you see he shifb. L. C, J, I do not sec it, nor do I believe any sec he shil^ in any thing you ask of him*; either he tells you what the question is, or the reason of it ; how far that is a reason, is left to the jury to consider. Sir Fra. Winn, Certainly it can <lo no hurt to liavc an lnt<n*pretcr. L. (7. J. North. My lord, if there he two ways to take, 'tis best to talc that which will give satisfiictiu^ to aH persons; let him be asked by the interpreter, what questions tli« counsel would have answered, and then let hhn tell his answer in French. ' L. C. J, If that be liked better, let it be sd. Mr. Cravm, can you tell tlie sulistance of the eridcncp that this gentleman hath giveii ? Mr. XJraren. No, I cannot, his evidence has been so long, and to many cross questions hav« bden asked. 8ir Fra, TT'inn. I would spare your time X. L\ J, But tliis is the way to spend way to spend our time. Sir Frti, Winn. I know your lordship does not rahie time in such a case as this, but you would have the truth found out. X. C. J. Yon must repeat first the discourse yon had with count Coningsmark. Sir Fr, Witn. My lord, we will reduce K to two or three questions. Bf r. Craven, will you please to ask him what discourse ho had with count Coningsmark. Mr. Craven. He says, tlie discourse he had with count Coningsmark about the Polander, was, that he came over as a groom to sen-e him to look afler his horses ; that he had occasion for several English horses, and English sct\ ants to look atler them as grooms ; and amtuig the rest of his grooms, he intended ilie Polaader should be one, to dress his horses af\cr tlie German way. ^irfV. H'trin. So far he goes as to that, That the Polander came over to scne the connt. L. C. J. Look you. Sir, does not he tell you, the count had a purpose to buy horsos lin-c ? Mr. Craven, tie says there was a discourse about bilb of excliangc of 7,000 pistoles to buy horses. ^M^ Fr. Winn. Pray th^Miwill you ask him, what discoursti ho hud Mith count Cor.ings- mark about the death of Mr. Tliynn, and wliat the conscqik'iicos in law might be ? Mr. Craven. My loni, hi? Hays that the* di'«- course with c«nuit Coningsmnrk, coiK*ern1ii*y tlia Swedish agent, was. That in ('a.*^e \\c siioiiiil ask satisfaction of l\lr. Thvuii, tor the atrhmts that he had given him, noi uudtrklaudiug Um ■ J ".^_. » ll 50] STATE S, 54 CUAELrs 11. l6S2.*rri«/ •f Oof r#Biflr»M>^ cwtMWHf me iati9o.it* lie slioaM call him to ! ifrusv. 1 ibe tl>c he «i>l DM httmr. be tiv«. caot caaat C^- I L C iic.-<?«. boc hfiv canM too to cfa HksM. He his been u v^on kiUioc hioL ^ ibt thiae ^f ihas ho; vc^iher if He ^-toid call kiv io whi: -J^« lxv5 ^'' Er^liml viciit ^e. Mr C-.-r<n. Mi kwA. W Mks km d Mr. W. . r u. C'tli Joha W r^rfii. i he v«z tkim tiuc iie cad a 4mpi to drh Sr .V ^.■•»*<it. Ml ii«nl, lie "cjubs 6eaxm Th>m=, '.-rw -io ajs loj pf^viicc. 4r fcm i<> k::«>« :!* he irar Ke wmimeil tj oiake h» - ac^ol^-^nf*; CKieco. x;rirvc 'Jsese viCmk* ? if.^? vt. Mv ?i:nL I asa a?ci bbt aoiii I. t^ J ». fer u 9C« &• make bis ie^ssn ! tiiis I sav. I ^^ik r. utVK^ t.^cA lid tW < c*^'« . Bu: any ar^I km. it' my 'y^ni haie a 6e- <vw3€ i. 'yc:i:;£>niVMrk -ibt se^ fr ?e-L me cb i»rt ;' X'*! jl:} < jts&:ctf or' ^Ltf wiscesk he h^a uy xrir^ x- -:.>i rvKi-*^ w cail es i.. I." J. .V r: Lee tse rJcsL- c be wit zz ' Mr. T:..^i.:j;. CaI J-^ia ^"j*sht- J i2se »t rp-. : -. t;ic we oav k:Mv vhtt lae , «■*•■•: ar* ir^? wis >«■ .'t:.' ^ak>«:oo > Nr'ocv the «iiae» 2t»*5 j- sn»"»ir I ^a* F'. H .«-x ». %^ c Kait i>a 'i.ci bus a 1 Mr. t>?Tt I. H« 1S4U hi*a. ;• ae «».* ::oc : boc ■rr^^.aij ^iri sees Ok. J .-cvcKr in i'* k>i^iz:c$ •jcxfeiRMied Tbaa I Mr. ?r,^j,-.-ij. F^y *i* re ^ncanL a=« wTs^ieer he vat aoi «» nke Nr»c ; ui2» i^^iiaiMer ease zi&> £^:'. ! .V :• ' R Id iJ vhe -.-"•vac Cog .=c«nrk. I «av htm ^anev :a ii-:» cttus. I naoM nr I ..•:.^<^^w.^ cnrve uzKV a a«L Tbe mc naw wiiea ae cxae. he «a» 3 a campai^ cuas : bac iLm, uur Haw he «s» ia u l0«ipae. is I re iBe«i:x.>«r. ';:ie ■• L-^ :3 JL^i n^c £r3«a lad caoi A» z> lio ci^-.f ;r.in ^f ' ha •loeRWtX. whether I 2xsiri :aa: i- ?i.k pay nr ' I say qjl waea I siw j«-'^h i -.ii.TTt^iaurk drtit ir 33 ».'«i^uat. waea I cuzii: :o 1431 ««*he Snsjay e«ciiinf. I w-u L-ui lae i'\>uDC va* ji V«x : U v^i *ace. but ! *-.r.r...-.* ?> ^1 3DC l?:.-* t-xvju aoii fac a ^ttiin. r c" l: je ar tarn : uni sr^mr^ The •f'X-r •- . i.i;:: . '. IV. K>^:.:rck. I aw nun Jiwn- t '.-«.» K .^ !ix'-^- ij; • liii li ije TCTie ame c*JU_:t L t>A .-•■ 1^ "» la; "sa^ i.'e«nsOf'--*rBi»* OKL3C :u** * i'ic li.v T L'S't.-««i ae. raoc le SJA 3- ' -.••■ ;.:^ jui.'-. :3J. ;aH o*iuac ■•** iWKi. -* joii-f. 111. : Iff *3<MUu ^1 Mf J4IV -niis- -i ■-* I. T'::s. ' ia* - : nra»?.-^u ietorr. jiar Z <ii'; : ■• . •-:.* r >»■'••; r^- T.i: I jmi w-o in.* '•'V'. He oaise ih-; tfiira 4aT 01 ^Ir. XI .dtf.'Mj^. Pmr wisoc foio -IM he ■I ." W>n^ lixa yi?u i« saast:: wgca — * Mr. il'«.^tfn. H^hen was 2 .' W-^ti. .Vs taft£ i.>K»-aeTs -.: Mr T- ^-.Tjs. Vrav. »iiea ynj «-.ia£'ia le ^Ly-ju." ^•-y >«'. He tatEsu ai»f wa«i* eirar.c C*:«] ■nark'i jt'^iiC'-^z^ ^"^rv * I >ii*i inn 1 im ie wxf iK i.HMPt. I aieaoc o** y*;u2^ £i ■uAs. "he I !ui *!i>c m:z*}w tiiif icovr w«» a 1 Jilt I «enc ir.H «ii^iiinnJ. lOil ;a«y ttM^ 1 «a» a& r uxDef. a ATJtieinv M" "<" • .. W itf^.* w-*ut yi«i «vi r«ji;idiit:r:ar«i ■ Mr S> .. . jii.-Yi -. ^*"i4ic i.fi ' .v.- '^' .u.-ns. ^^ cL. umi '^jui'aen.' H'- j-r, . Ajii & cajTe at Mr H^amto. V '..r *Ki:'*ir 1 efXA.T 3j Mr Huhho, a tu •» 'J-'R idMK loit' ja iiNir. er 1 ^? - T~. . ; .Ts. H" jeti wv ~u.-c * ' ''Jt:. lyiiQ t'-^iiy me aenca iAt o T:«-n "1. ^ir r"..irfji«s. !v** \iQ3c wtt Mr. B y r.-zt t -nup^c^r.-sn. itfvw i-i«. .i*i .- ;:ari:*:r •'^:»-aer e*- '^ -^ ' y-ii:. . li.: . ^ii «"i:Mi:r iv t.> rja- ■ i..>.*-. -aui '"ifi -HI.:.. r.ii^iE !•• ! -MP '.s »» %a«iw "iif fa»"»w ■• ^ ••«.■* jr^^*. iOf i*i«Hic*ir. .ie:M.:ii .l^-.i;^ . I •"im ui x ".'i u»t:J:x I,.:-. -.:.:• r :i • .-.n- _";.: *. ;■» n't 'AB.-a 111 •«n« f. ji.L t liu t •■iiuncaruT. i.- ^- >-'• Ll juun iiJC'iau. an Je e<rer Vi. (ii\ jiftf. le TK^^fT tiiii •iirs««e. *-- Air (iiifr .-auw •. nu w chmwm a ^J«tll£ 3tuf u ii*ur. *i- '*...* -Ilk. ^^ jai >«uu a. tol ..•'••Ul'i;^ yM:% :i - ^ ;. Mr Haiisva caani imvb m m -^iiii X* 3e A^ ^au A» see jw. 4aA aai oh iiitt ijwui m ATE TRIALS^ 54 CiiABLSi IL iSS^^r^Uiiikerhfor Murder. [49^ ^o, bat to me. 'inn, Wdl, what did you do tiM ff? r came to him t!t^ next moramff, tder, and he took hk thiofi wi3i was a aea-hed that be bul^ and a rbeel-lodc, and some od^r thin^ ia. And whither did yoa being him ? I brought him to ■ the upper end market, M. Faubert'a aolKMll.^ «Rj. Towfaatplaoe did you eome •STt^yyou? ^, if It please, you, I bronghthim tor or two of Mr. Fauberi's the r, that tea^^MB to ride tiie great e did desire that we mi^^t go to vi by, because he would not carry to my lordy he had a sea-bed, a I gun and other things ; and so 1 to an house, and there I called for and he put down his things and lougfat he had gone to midce water, . little while aAier returns again, son comes in with him : He asked 1 not come sooner *, I told him I her bosioesB, I was with some bants to look upon some goods. Pote pay me for my trouble, and ihiDgB, and go along with him ; so, and I never saw the Pole af- iToo that are the interpreters, lebath said to the jury. (Which 'jia. We have done with this man, make of him is to follow this I we shall brin^ him to the count Dan Dr. Frederick Haider. (Who he Doctor understands English, nn. Yes, we are told he does. oas. How long have yon known it stands there at the bar ? tr. I bare known him a good ly be this four or ^ve years. I lum four or fire years. anu. How long have you known ■ ier» About a year and a half, or iiomt. Was my lord and captain aintedthen P—Hnro^er. Yes. liamt^ Was he in employment under m^ heia the count's service ? Hewaswilh the count, but whe- >a fak osmpanion I cannot tell. Uiam. Did be live wKk the count ? ;^Ye8. iiiiami. Did captain Vratz, vrhen name hat over into England, come : J^ by my knowledge. . Boyouknowit ornot? ■ ^ffi^ ^"^ ^'"^ to me, and 7 1!^ •nred to speak with me, and nkunton^lord. Sir Pr. Winn. Was that the first mcasaga you repeived from the count ? Harder, Yes, it was. Mr. Williana. How long was that ago F Harder. The same day the Morocco em- bassador did ezercise in Hyde-Park. Sir Fr. Winn. How long.is that ago T , Harder. Aboot a month ago. Sir Fr. Winn. What was that his first lodg- ing after he came last into England ? . Harder. It was in the Hay-Market. X. C. /. Was it a comer house, as tbs other witness saith, or not ? Harder. Yes, it was. Mr. Williams. Was the count a private lodffer there? Harder. He lay in his bed when I came to him ; he came as a traveller privately. Mr. Williams. Did he go by his own name, or another name ? Harder. Nobody did question him about his name, but when I did come to him, I did dis- course with him about his body. Mr. Williams. Pray, Sir, thus: Yon went often to visit him, pray did you enquire for him by his own name, or any other name ? Harder. He desired that he might be pri- vate, because he was to take some medidnes, and he would not have it known. Mr. Williams. Now, Sir, I would ask you, did you observe him to be in any disguise? Did be wear n perriwig, or how ? Harder. He tiad a perriwig. Mr. Williams. Was it a fair perriwig, or what colour ? Harder. It was brown or bhck. Sir Fr. Winn. Sir, was he in a disguise, or no? Harder. He had his own clothes, bntbe had a perriwig. Sir Fr, Winn. Pray what name did he go by, his right name, or any particular name ? Harder. In the first beginning 1 gave him no name ; but, said he to me, if any body ask you about me, I wonkl not be known ; for if they know that I lie privately thus, they will think Tail some ill distemper, therefore 1 would have you call me by the name of Carlo Cuski; Mr. Williams. Were you with him, pray Sir, upon the Sunday morning that Mr. Thynn was mordered ? Haider, I cannot certainly tell, but I vras with him in the afternoon. Sir JFV. Winn. Pray call y ourself to mind, Shr. Harder, I cannot oertamly tell. Sir Fr. Winn. What time were you with him in the evening ? Harder: At nine o'dodC) at night or there* abouts. Mr. Williams. Did yo« receive any letter from capt Viata at any time ? ^ Harder. 1 did upon Saturday rooming, tn^ fc«^roay befi)ie Mr. Thynn was murdered. Sir Fr. Winn. Have you that letter abofitf you ?--Harrfer. No. ^fr. Wimn. What was in the letter ? _. Harder. Hedenred-OKe to go to^cati^^ 4 V. ST Al C TRT AL?. 3 : Crarl es H. IffS?.— Thj/ cf Omai Cmhigmark [4« «oo ^uiJ ^ i:v -v :? «.<^k wjih ir^. I came i S. T^. Wt\-. Vc*a nv toq AtJivered akt- ib.vr. .. ';^ * > jLx >rv\v^h Ut.h l.iii'. 2'.x>ui kb ti?r iKoi capuic Vruz oa hatuniay monuBgti i .**:.? I ty..-. h::.» Sc t-ki -x^ttr sav ihe »>^:ai ? — H5->- Yesfc. I -«\: «':&\. :«.'.\-\ 'i :«yk *. av>io. i^vauw it • >(r ¥t. ifia.-.. D.d tbe coant reid ikckit v-i* : " -»\-a:.-.t-t. At. I atht ihi£ »cr: n .ih Uke ' *er. arm sell TXi :2k cooreoisoi' ii ? V. .. ■ ■ : ^ :«^ .k\ '-tf. ir .i live ojpiiii'* Qias Hi'*-. S''>, h i" x* WA feaksd. c-.-.v: .-. A.^ r. . J «■* .!, hi^nf .> a pjan 'ih^: w.!i Sj- JF-. IT--.-.. Di-i ace t-xi knov the eoi- ■*•■■..: V .:.-^. ~ " • ^-^ Pr. Xriia. Prmv. wihf& vvi driircredtkt 'i ^-. 1 o^Jk V >u. Sir. i''jsavvoa '-^i^r frcm car:^:: Vruz u> iLc ccuBLvhii ^l- * T -^ ':.ii: il-'.:, '*Vv7i wii: .*,- '1 . * ;. '•'^i^^ij tile PEflnn ibt Si!..' -. - >^ ■ * I -■:•.■_ -. * '.tM.*-: ^ Wiief r>:-iii "*'" " '-.>-.-* ■:".: :\iiais.r liis .^~' - ^ j-\=: -ij j* I wi* o^srU to 4k ^1 ■-C""*-> ■ "-' -■ *i^«? - -'« -^ -'-" -iscT, l: vUC4iiA Vntz; Hi . . . - \ £S. - . .L>. <: I :. -».•".:•: ; a ~: ri^ca::^ Vmz. saiaQlhiB| i •:■: 7v:'-fp<vi * -: i -j:; '..v. ir»i l ^M«< ^.C"? "■C-i ^ :.i : Vr t4U « id Ml, I r.« : ' .'i wi.'>7 c-j^i-f i.*'C'^ vxi yaa tVoa ihi r -. - ^ .'. ::«'C ii iJ '^*«:=c iw i ii ^ jci .tfewrit he UiA ibt tyiff _.-.--,-, .... . ■ • ■ ^■c-r:.:- ■ _ '^ .'u u:u ■-■•. • r; :: a.7\ --.:jc .' Nr i'- Sir. L"*a i«i Mim » ItfjeMl • - • . • > - • " ~ -.1 •:": ■.:•- Su--i«.a' . \:ti.c.'- ;■-::■ fi -. ■ W ;.:■: i ::* rT3uU£.«« u^v ily 1 rii;^. ' — N .*. -jt'i. T *;c.H <iia :ai:iB£ S.* ?'.■■■.".: S»:;:ur;.i * ^? .'CiiKf. >£• c'-i^ef M» wrf. sit* <««iiB Aoamli '■■ -. - ^ ". I 11-'. lis.*:-; *^-a *ini:^ it: i: i»* :.:''•: -L't: :;if>c«»i:s. n«:r. ..^ «:f; '.> -^:- . .. . > _i,i:i ?x'* jaau 1- ■-'■ -" Left i.a «:» « j^r riAr<»Oihe«3L V* - . . rV!' . !i4.-v .-ij- : -iu: F'.- V' n*** - ': "^iiitT'iiiWf. * ira j« srsscBBttI av: ■ J: ., -^ • \ ?>*. i: . •!.'.•. va*-.! i« c: Mr -f -■,•■««. . itf'i 3i'/ 'i/ri liui 'ixt: j\- i.> :«:\:^ luu iBiMiiv-^' i»u* "i"^ mitdl- jlflM*:*" "V*:;^ -.^uHT" V- l'-/— ■;. :'. : Si;. >* i 3:;- .MTi :iIl£S ' L^»il l»Mi ,- .' liUl Ji! <r ^ .- li>U if.;.^..-. > js* u«i r'lianuifr 'ira* *r^'»^-. >■.-.? > .>s "^t ii.i; . iiu .auuioufKri *•,• III.- Mx T'« >.■:«'. i^ii ::■. "■•r "uk.? *ii :i r-.-Hi ^i." ." . :•?. '•• <:• -. n- i »i. Hr ' ■...'ii. :*. r.'-* u.?:^ ja ir.* t.'Vfti;n>i* "'» ■■ -f» 'li *:»■! '■- i. :■ " -rr •o«. ▼T)U ' icui n*iii«. *u i\ »:♦»■ *• •■• -i* li> ii>r. Hurst' , ru^ik ^:|l U '.l- Ii«u«>«# . :.1U '^n-i.N 5k-.s:^aitrv. " ■..:■. •.<.'; •. a^ i i'..v\ Timm < it." K.i.. Turn V .u . »ra* XkUu*; BmC ;k ■ :.. .'.. -.^u' •:» ...1 . i.c "ttiae u .-ii-*****? f» £■■■«« ^^mk lliu h. ii:i;'ii X •r*i;Air. '-v M '«(»«ii4t HIV TATE lUALS^ 34 CbarIBS U. KtM^f-HNiif Mer§^ Jhr Murder. [4,6 It he did take pbyiic ; but I told d I, it it lay kvaCoBingnnftrk, and mj take care of bim, and see tbat e made veiy well ap. if ou seem to intimate as if be lay ce. pby nc ; nray let me ask you tliis I you me bun physic dl this time ? ^ot always pur^ng physic, but f physic all the time. miat every night and morning ? Ves, erery day. en. The count desires to ask him as that unhappy day this business I found him that <)ay ill, lying he bed, I asked hin« how his physic : he told me he was afraid he nad Id ; and indeed I found him very ered, and I went home and fetched hysic to take that night. By the oath you have taken, was her occasion, or bad you any other itb him, when you came on the ht but concerning his physic ? Ht lord, 1 "Will tell you the truth ; nd the count speak any word in my had any concern, or design of any 1, nor any discourse^ but about the QM. of bis physic. Lei me ask yo« thia question, for I iMre, what was the occasion ? and 0 know the occasion, why my lord )dgings so oflen ? rSewst oocaaioB was this ; because le Hay-maiket ; and bis man said quickly known if he did continue i would take another knlging, which •rt-street, and there he lodged three faethimiiey did so smoke, that my Mil stay, because be could have no MBaber, and the weather was very id snow, and therefore I told my BOl so proper for taking of pby- pon he desired mc to take bin ano- f in Queen-street, which I did look Ml it was not ready, so he had a en fw him is St. Martin's- Lane, •dgcd tin be went away. iams. Pray, 8ir, the physic that you art, did it require bis Keeping within ht not be walk aknroad with it, upon It did require bim to keep in. iicMr. Pniy then, bow comes it to lie count 80 suddenly could go by wemadf 1 do not know what was done aAer- ¥am. I would aak yon one question i fain have you give me a lair an- wbal iMoanK of uic letter that cap- • you, and you shewed to the It rsaodned there upon the table. fkm, DM not you keep your own Ilwaa not of any cottcem. Sir Fr. JVinn, If the letter were written to you, it 18 not so long since but you can tell us the contents of it ; pray, what were die con- tents? L. C. J. Can you remember what were the contents ? Harder, He desired me to j^ to count Conr ingsmark, who would speak with me, and that I would give his man an answer when 1 came from him. Sir Fr. Winn . But what were you to go to the count to do ? Hurder. Nothbg^ but the count discoursed to me about his own body and indisjtosition. Sir Fr. Winn. But captain Vratz was ne physician ; why should he send you a letter to talk about physic ? Harder. It was nothing but my lord would speak with me. ]\lr. Williams. We need not trouble ourselves with this fellow, he confesses he found the Po- lander in the count's bousc.- Sir Fr. Withens, Piray, Sir, let me ask you,- who was with the count on Sunday niglit. Harder, Mr. Hanson was there, I think Sir iV. Wit/tens. Who eke f Harder. The captain caaie in, and went out again. Sir Fr. Winn. What time of night wa^ it that Vratz came into the count P Hiird€r, It was atthe same time that I wai with him. Sir tr, Winn. That be swears to be about nine o'clock : was it atler Mr. 1'hynn was killwl ? — Harder, We had not heard it. Sir FV* Winn. Sir, was it nine of the clock P Harder, Yes, it was. Mr. Williams, You say you found the Potaii- der at the count's lodgings f Harder, Yes, upon SfUurday morning. Mr. Williams, Then be came ak>ng with you from the count's lodgings f Harder. Yes, to my house. Mr. Williams. And you parted with him there? Harder, Yes, the captain*s man took him away with him. Mr. Williams, That waa Berg, was not it ? Harder. Yes. Then this Evidence was interpreted to the Jury^ Mr. Craven, He desires the kiry should know what the doctor said about hui sickness. L. C. J. Let it be repeated t« them. Mr. Craven, He desires to know whether he may not meak it iu French himself.- L. C. J. No, ttie Interpreter must do it ; (which was done.) My lord, would you ask any more questions of tiie Doctor ? Count Con, No mure questions but them I have asked, SirFr. Winn. Call Thomas Howgood. [Wh# was sworn.] Mr. Williams, Pray, dkl you aeU any sword to the count? Howgood. I sold a sword to tiht governor ; a broad horseman's sword. - ir] STATE TRIALS, 34 CHAfttBl 11. l6S2^'irmi f^ ^. Hr.Wiliiam. Wbeo wm OmT I Sir F)r. Winm. CdkAmt PriwK : ma» Hoifiood, On Saturday was tbrinigbt. ttrom.) Pkvjf do yoo aa|iiaipt bit lord } Mr. WiUktms. What time was it that be be> yoa koow or count Cmui^aiamA •poke it ? Howgood. He bespoke it half an bour after 6 at ni^t. Mr. WiUiams, What did he say to you when he bought it ? Hovgood. He said he would call for it about 8 o'clock at night, when he came from the play. Mr. Williatns. What kind of sword was it? Hoargood, An horseman's snord, as brriad as two fingers, such as the gentlemen of the guards wear. feur I'r. Winn. When he came for the sword, what said he.' Howgood. He was angry it was not done, and I tuld him that I would send it to him quickly. 8ir It. If inn. Where was it sent ? Howgood. To the Governor's lodgings at the acadeiuy Mr. Williams, Now, my kml, we call several persons that were privy to the concealing of this gentleman, that can give you a better ac- count, Richard Hayes and Robert French. [^Robert French appeared and was swora.*] Sir Fr. Winn. Pray will you lell my lord what you know of the count's coBoealing him- self and changing liis habit. French. 1 never saw liim, my lord, before I came here in court ; but it seems he did lodge in my house 3 or 4 days. 8ir Fr. Winu. How loni^ is it since T French. Between 3 weeks and a month ago, just 10 days before the murder. Sir Fr. ^Vinn. What name did he then? French. I did not know his name. i!»ir Fr. Winn. Who used to resort to him at that time ? L. C J. You say. Sir, 3[ou saw him not, what company did come to him f French, I did not see him indeed. 8ir Fr. Winn. Pray did captain Vratz come to him to your house r French. He lodged with him all the time. Sir Fr. Winn. Yoa lay yoa know capt. Vratz was there r—lVencA. Yoa. Mr. WUUmmt. PS4 ])». IV*«ii«i' «w la come Wiiimr--^ Mr. ^ go by ever you saw him at yonr the Hay-market ? Prince. Yes, he lodged tbete. Mr. WUliams. Wbeo ? Prince, He came thither last Friday ig month. Mr. WiUiawu. How kmg did he stay Am Prince. Till Wednesday. Mr. Williams. At that time, who «d freouent his company P Prince, I know nobody but the doctor ( used to come to him. Mr. Williamt. What name did he go bj Prince. No name at all, aa I know of ; ll did not ask for him by any name. Mr. Williamt, Did the captain use to ei to him f L. C. J. Her master saya ho did lie thi Prince. Yes, he used to Iod|pe there. Bfr. Williamt. Did the capCam give bin i physic? Is. C, J. No, but the doctor did. Sir Fr, Win, He only aafca a morry fi . tion. ' Z. C. J. Bat we are now npon the life' death of a man, pray let us have dioie m tions asked that are seriooa, not soeh ) things as are permitted in ordimuy caaet. Sir^. Win. Now, my lords we wiV Francis Watts. Mr. Craven. Ifaid, my lord aaks, wl he did not take a vomit in your hoote ? Prince. Not that I know of. Then Froncit Wattt was swoni« L. C. J. How old is the child? WaUt. 15 years old last Christmas. L. C. Baron. Ask him whether hf stands what an oath is ? Mr. Thynn He was sworn before and council. L. C. B. If he were swoni befon and cotmcil, he may give evidence Sir Fr, Win. Were you at the cc vice at any time?— Ifaff*. Yes. .SirfV'frin. How long? Wattt. I was with him 11 days him upon the Friday. Sir Fr. Win. How long was HhofMr. Thynn? '^'fU. I think it yvaa 10 da Ir. Thynn. Win. What was yw *A \t wnA STATE TRIALS, 34 Charles IT. l682,— iwrf oif*er#,/or Murder. . IFui. Was be often with jour [50 Yes, BTcry day. TFin. How many lodg^pgi bad be 1 were with him ? Three: One in the Haymarket, n Rupert street, and then the last in i^s. lUiamt, Tlius, child ; do you remem- ne of killing Mr. Thynn r Yes. liUams, Were vou in your master's en?— ira«f. Yes, I was. iliiams. Who was in your roaster's that morning before Mr. Thynn was I came up, as I used to do in the 4> my master, and he asked me what latter with the bustle in tlie street ? 1 him somebody was taken upon sus- Mipg «9q||ure 1'hynn. Winn, That was on Monday morn- tlie SSunday morning before, what did you observe there then ? I cannot tell any thing exactly of the lomiog. IFuiii. Was captain Vratz there ? I cannot exactly remember. IVinu, What time in the evening wrted Mr. Thynn was killed ? . About 8 o'clock. . IVimn. Can you tell who brought the s? {. Oae of my lady Seymour's maids, *^^5«g**>e people of it below. % nmn. Did • you observe any body ] Haiison. yonr master's knlgings afterwards ? \ Mr.' Williami. What '• Y«. I when it was brought? Wattt, He asked mc on Sunday in the fore- noon, whether jicople wore suffered to rido about the streets on horseback on Sunda^-^ ? Sir JPr. Winn. This was that Sunday morn- ing, was it ? Watts. Yes : He asked if they might be suffered to ride about the streets on Simday ? 'I told him yes, bcfurc sermon-time and aAcr sermon -time. Sir Fr, Winn. About what time of the day was it that he had heard this discourse ? Wutts. ^bout 10 or-ll o'clock. H'iT Fr. Winn. Arc you sure it was Sunday ? Watts. Yes. JSir Fr. Winn. Then I ask you another ques- tion : Upon Sunday morning, or any oilier tinie, do you remember that tUc Polander was with the count your master ? Watts. He came in on the Saturday morning. Mr. Williams. Was he in the company or presence of the count ? Watts. I >ras above stairs when lie came in. i!:iir Fr. Winn. What do you know of any sword that v. as delivered to him ? Watts. Upon Sunday morning th^nre wits a sword brouglit to my master's lodgings, and my master's man took it of me, and carried it up stairs, and this man, the Polander, alhsr- wards had it below stairs. Mr. Williams. When was this sword brought to your master's house ? Watts. It was on the Sunday morning. Mr. Williams, What, the cutler brought th« sword ? Watts. No, it was sent by a porter from Mr. Hanson. room was it carried into ". Winn. Pray who came ? ^ That gentleman in the black perri- ^iUiam. Pray in what habit was he ? ^camehein? *• He came in a great coot ; I cannot jher It was cloth or camblet. ^Ulmm. And what, did he speak to *« 5J go strait up ? '.*.•' ^* "P*^® ^ nobody, but went VUliomt. Did he go up to yoiur master's ^ ^«"> Ibeliere so, but I stayed below How Jong did you stay in the :l^y^ *«« ■*»"* half an hour. "^•ft £Kd yoMX leave him there ? :*** IKd he eontinue there all i~/^^nxo in the house ? •w A^**^ tinaedM you go away ? T"^*ki8e qtfmrtevs of an hour afCer T^ltteio. ?2J J>^ y^>« remember you ha<l "»* tb« count, mbout nding on Watts, f think I did not carry it up : Yes, truly, now 1 remember, I did, and delivered it to' my master. Mr. Williams. Pray what did the count say to you ? Watts. I asked him if there needed an an- swer to the note I carried with it, and he said no. Mr. Wilfiajiis. To whom was the sword de- livered aflenvards ? Watts. It was brought down, and afterwards tins Polander had it. Mr. Williami. That man there? Watts. Yes. Mr. Williams. You say that the sword was given to the Polander : iVay speak that the jury may hear. Who brought down the sword ? Watts. I saw it in the Polander*8 keepiogr when jt was below, but I cannot say who brought it down. Sir Fr. Winn. Where ditl the Polander dmf on Saturday ? Watts. He dined with my master's man and I on Saturday. . , % Sir Fr. Winn. Where did he he that night r At whose chamber ? Watts. At our lodgings in the garret, m my master's man's chamber. 31] STATE TR1.\LS. 54 CHAtLU H. l6$f^Trml </ Ctol Omrngtmark [5« Sir Fr Him*-. Hhat day «ms this, do }oj iUaI boutstiy. for voa are vpoo your oatli ; f %«i ? — If. ^'(. Satuni«\. ' ' a«^k yt::. tVlebd. tKi«. rwi ny he m^thav* Mr. II i Ur:'' t, \S li<^ the PolsuMkr bad the a b^nni. d>j \ oj retiMmber a pair of bw»la ? v«(/rd, 4«>]k«>«j rvrfiHniiUer asy bwK? diat he iiau Dr. li-rinr. No. 1 doooL uo'*«i-r !•> "arm ? Sir F-. 11'; in Do «oa rrmrmbrr the coat licrn. ^V». ht hx-l ^"y.»'> up-u- r hi» arrn. ho ha;i iii>pe7i.:>si ? Mr. It': "ia/fs. XiA \w hs'I iIk- s«io:d with Dr. H.r-tr. Ye». he had something iindef hiiii«j;'::i ».t v,tiit aw*\ ." — W .*.:*. Yes. iiis.c"it. ^jt I J-ni kn-jw it «»> bocrts. Mr. K: .?'w llol fitaiiy coui? , £. C B'.n.'ii. Had ht a biilf-^vat under b» \V'^'.:'. ^t^. a ruT* r'jai. ' ! canj|iaii,ii * — Wcr.f. Yt*. M'. H'.':it.'. i. WtlJ. I ask you once more-. S.r Fr. H '.:'.:•.>. l>-i iii« a^k yoa one qnes- «hii*. ti::*; f'l r1'i% nav it that lie went awav t*mi. v^uiks; aion : •;•.• ^'tu rrnieiuber \wk nv M hh the frMon! and ibe brji>s i" :i:;y iiiu^^ j<.i •>-:! ::) \ nc- iu:ft»te; a» ludgmg . ir^rri. It wixTi v\ x\it.' fnp'sj ' •:]. Wuzii. \ ilil stv a :riii ibtrv. Mr. If til v'f*. \\ hat tj^y '1 uk.- wtck? | Sir Fr. !• .*'••. -..(. U h* n was that ? W'.fit. Sjn'lav in'jnjin^. I W-^t-*. I s>j\i ii ujt n S^uurday. X.. C- y. .\\. b'Jt vcur «i«xtor»lrit yiu « \ii- Mr. ]ri..j«*».-. T:..- ti ii««^ii».it»yn orgimthit iriin«- i }fri*'nf. ^avv, tiie Pular^diT went away nas in %r.'.ir iL:c.>:<.r's i ■Ij^i&sfs, was it thrt Miih hv.ii. and he wa^ uot there on Sunday w'Luiu -.tajbr-^uiia; i.;. :'.«.- PvjiiuMier, or oo. UihroMi'^. J ll'-i;*. I c;«:iL.«« I .1 ir.iU Sir >.*. n'( n. Ii i< true, luy lord, it was hjo Mr. ir.i/j^-j. \Va» it a long piece or fr tefidtr a j-'j.rjl fur the fkjr'or. h'.- lits un^lir >ljt;»r; jiicrct ."' WHiie »u^{ricif.fj ; and it is /•/•ic «//.»'? ^r:J-:f with IJ'oir;*. It v, :is nw a *iii»n piece. ii'iiu. L. C. J. Did :iie r.iiaiMier take it avaj L. C J. \V« !l, i-all bini aL*"!!!): Look yii. wiib Lirsi .' — Il'i-.-f;.. \.». :*oi tlin 1 know of. doctor, you wire asked beliirc. and novv \:iu •. 31r. H'.;.. ,. Nvu. y.iiii;:^ luau. 1 wodi are a>k«^J ai:.iin. ncnr \ou ;«i %.iiint Coiiinip»- . 2Lsk yf-.i -i> lo Mo:i.)av ii)*mijnir : Lbovt wbH Jiiark\ ]*j<ir^;u:r« r-n SiiM...y nixrciii:; ? i liihe tin Mufiiiay luuriiUi;; <ijd \\nx come to your Dr, i/i-uvr. I (-aiinut cer-iifily ttll. I inasT':rr's l>d:j:in;:s.* L.C.J. Uhea ii.d \ou beetlie Pr4antk>r at I Uuttt. it was betuee:i seven and eigM the colm's \'M\'^lnir>,. a:id whftbtr was it fjn : </oI'ic-L. a Ihiir aiti rscti:*. Sunday mom iii^.^ ! 3ir. Wi:ii^::.\u M bat cuadiiiou was heio? Ur.'Hit-kr. On the Sunday momiiii; I did • Was lie in U-d. or up ? — H\.;;.-. He was up. nf>t sc'. Iiim. The on! V tirm: v as \« hen ! tetcfa- Mr. li'i/:Lv.i. \>'bas wai^ he d^nDs; ? Was bt ed i.ftu frjin Div lord's; 1 hart not seen him bti«>r«: nor »«iL^e. {tac-kiiii;u)i :' — rif7.'i'.'. Not that 1 see. St:- Vr. iri*i.i. It ifta< when he asked yoa L. C. J. Then call the Imy atriijn. ^^liere J abr^ut tiie hubbul* iutlie mrctii ; pray tdl wb4 did the I'lJarjiier dine on Saturday .' i he siid to vuu ? Wctts. He dined with mc and' n:y nkastcr's ' W-^it. lie askc-d me uliat the inalierini ■uui. ' I with the battle in the str.?et, and I toM him L. C. J. W!:ere ? j that some were taken t'uat bad kiik^ esquin If Vf//i. JUclow in the kitchen of Qnrk>d;rinz<< i Tbynn ; and 1 told him all the story, as near ift L. C. J. ^Miere lay the Folandtr that ni^ht.' | I could : he asked me when eA^uire lliyit IVatts. He lay in our ;.^rret. t wa^ munlorpd ; I tuld hiiu the nig-ht hefdre; L. C, J. M hen went he from your master's t but 1 did not mind any thlu}; tliat was done: lodj^ncf ^ ? * I but as 1 went down stairs 1 nut with a stran- Waitt. On Sunday Tn^irninir- { l^^r, and be went up stairs, but I ne\ur saw mf Mr. Wfliium . Ilaid he an old coat or a new ; master after, lill he was taken, •oat nnon him i** — IV'<i/^f. He had a new coat. Sir ir. Winn. Did he ask you what Hr. L. C. J. Wa.*i tlie drK.i^r with him ? Thvnn was .' Watii. Yfs, the diKrtor went away with him. U'atts. Yes, and I told him I heanl be wn Dr. Harder. I ha%c uot seen the Pulandt-r a man of a^n^eat estate, and well beloved, and dbofe Oiire in my life. that the duke of Monmouth wa,s in tbe coadi Sir Fr. Wtnn. But were vou at the count's j but a little before, and if he bad not gtme out^ «n Simda\ mornint^, or no, I ask viu ':f ' be had i^eeu killed to<i. Dr. Hfirf/ir. I do not know wlittber it was I Sir Fr. Winn. What said the count to joi^ Saturday or Sunday. j *.v hen you told him Mr. Tb^nn was well be- L C. J. But when yu fetched him away, I loved ;■• — Watts. He said notbins*-. was it S:it unlay or Sun*! ay niornini; ? * i Sir Fr. Winn. Can you remember who it, lir. Unrdu. My Junl. 1 cannot very well i wa«< came tn your master then ? cemenWier. ' Wrtts. I iTnow tbe man if! see him agmin. L. C. J. Had the Folander a sword when | S.r ir. Winn. Do you know his naiue ? jrou went awa^ with liirn ? 1 W^itt^. No, 1 di» nut know his name. Dr. 1 1 a Mr r. 1 cannot jMKitirely say, but (as ! Mr. Willi:- rrs. Wvre any nf your master*^ lnvdier>» commonly ba\e) he nii^ht hare a vrord. ffuods carried away then t — Wutt$. Yes. Mr. Wiliiauii^ What cfoods were carried tSiriV. Hifin. Now ctmieto yourself^ and - aw ay then i*— H oi^f . Twu (K>rtmaiitk«» RATE "nilALS, 34 Charlbs II. l682.-r«ntf aiheri,far Muriir. (54 Mr. Williams. Was it jour son th«t waited upon hitn ? T. Waitt, Yes. For Khen I brought the. thiu^, they said they had forgfot to give me a sword which I was to carry with & tilings'; and 1 said, that 1 had a boy that I wouUi send, and 1 did so, and so they took a liking to the boy. Mr. Williana. What was the agreement to your son*s service ? T. Watit, Six-pence a day and his victuals. Sir Fr, Winn, What was the man's name (as you remember) that gave you the tlungs to carry to the coach, which were said to go for Windsor?— -r. Watts, I«;annottdl his name. Mr. Williams: He that pinched and piislicd you back, and took the thin^ from you, and^ put them into the coach ? X. C. /. Did you see the count that morn- ing?—r^PTa^/i. No, I did not see him. i Mr. Williams, Have you been laboured and songrhtto by any body to conceal your boy, that he should not lie brought at this trial ? T, Wattn. No, Sir. Mr. Williams, Had you no endeavomrs usei with you about it ?—T, Watts. No. Mr. Williams, Did nobody speak of any such thing to vou ?— T, Watts, No. Mr. Williams, Did any merchant or jany body send to you about tnis boy, to take him into service ? 7. Watts, There was a merchant that would have helped the boy to a place on Saturday last, but the persons that would have procured it, were about it a good while ago. Mr. Williams, Call Derick Haynes and Richard Chappel, (who were sworn, and Raynet stood up.) When did yoo see the count, th« prisoner at the bar ? Kaynes, C>n Monday in the afternoon. Mr. Williams, What time was it in the afternoon ? — Raynes. In the evening. Mr. Williams, Where was it ? Raynes. At ray house. Mr. Williams, Wheieisthat? Raynes. At Rotlierhith. Mr. Williams. How came the count to yotir house? Raynes. I know not ; I was not at home when he came. Mr. Williams, Pray when you saw him, had he his own hair or a perriwig, or how was he habited? Raynes, He had black hair then. Mr. Williams, How long did he continue at yonr bouse ? Raynes, From Monday till Thursday room- ing. Mr. Williams. Was he privately there or pub- lickly ? Raynes. He walked up and down the house. Sir Fr. Winn. \\ hat coimtryman are you ? Raynes. I am a Swede. Sir'fV. Winn. What became of him after Thursday. Raytus, On Thursday morning he to<^ water and went to Deptford. /ijiawt. Who carried them away f My father carried them away. lHams, What time was it ? Between eight and nine o'cloek. Wimm, It was time to be gone. How 1 and your master ? Tlie stsanger did come in, and I my master afterwards. Wtnn, What, did your master take nor say any thing to you ? No. H^tfiit. What kind of periwig liad he »rent away ? ' He had a black perriwig. Winn, Whatck)thes? A light-cofeured suit, with gold iaron. Will the count ask the boy ions? wen. Did you see tlie gun in the * the Polander was gone ? Yes. . It is very plain that this gun was e gun that did this mischief, but ttie blander brought oyer from be- Winn. Call the boy 's ftUier, Thomas ho was sworn.) How long have you i count ? ts, I do not know him, but as I have Winn, Were you employed to carry for him ? ts. Two or three times I was. illiams. When were you last em- him? ' ts. The morrow after the murder was I. iliams. What time in the morning is* It was between eight and nine the morning. Uiams. Wliat was it you did for him ? If. I carried a portmantle, and a s-trunk, and some other things. iliams. Where were you directed to ts. His man told me they were to daor. lliitms. Well, tell the whole story. ts. He bid me carry them to Char- , that they might be put into the re. But when be came to Charing- ooachman and he had some wor£i, I biro open his boot, and then he took I from me, and put them into the ^ Who was it that iold you they were Vindsor? ' ffs. It was his man. . Winn, I would a«k yon, Sir, when Ink tune you knew the count ? fb. It was ten or cleveo days before. t. Wbat wis the oecasioB that ■'^ttiiilfcd wiftUm ? Okr. IMMick'aBirtcr, and as] STATE TKI ALS» 34 Charles II. 1 682.— 7ria/ of Cmmi Conimgtmark m .Sir rV. li'inr. What "n-ay did he go, bj boat c.- J.. .,■.■..? ^ A.i.ii'.-.in I. il.'^lhim. it^r. ]iUiii:ms. iVay what iiid the count say to )'oii abudt liis coming iii a disguise to your i house ? • liaynes. I knew nothing at all. I came late home, and when I came Vi know of biro M'hat him ? he was, then he told nie that he was count C-o- Cfiappcl, To carry him to Gravcsend. nin^mark. Mr. ir</7i6m<. D<» you row in a pair of otiBi Mr. Wiliiams. What did he say to you \> hc-n , or a sculler ?— Chmppel. A sculler. )u discovere<l that ho waH the 'count .^ ^\ iiut ! Mi\ WiUiams, Whiiber did you cany die [36 CkappeL On Thursday morDiDg, at In of the clock. Mr. Williiim. Where? Chappcl At Uotherbith. Mr. Wtiiiams, How came you to him? Wfa» brougfht vou? — Chappel, That man. Mr. ]VUliams. What were you to do you did hctdl you of his business ? Rayne* He said nothing ; but that he was desirous to no to Gra\esend. Sir Fr, IViiiH, Upon your oath, Sir, did you furnish him with any clothes? liaytics. Yes, 1 hint him a coat. Sir Fr, W:nn. ^Vhat say you to a black suit ? liayncs. Tlie black suit did not belon*^ to me. Sir Fr. Whin. What s?y you to a velvet cap ? Rayncs.' I helped him to a coat, stockiui^, and shues. Sir Fr. Winu. Then I ask you, what did he declare to you :' Rnynes. VVhV) he did desire to have those clothes. Sir Fr. Winn. You are an honest man, tell the truth. lluj/nes. Hi' declared nothing to me. Sir Fr. Winn. When you dressed him, why did he put on that haliit ? Raynes, He thou^^f ht his own clothes were too cold to ifo u[>on the water. Sir Fr. Winn. Had he no cloaths before .^ Rut/nes. Yes, he had. Mr. Williams. You had the warmer coat, bad you ? Sir Fr. Winn. Did he desire you to let him have yo»ir clothes, l;cc:.iisi; he was in Irouble ? Rai/rtt'8. He desired a coutof me, and a pair of stocki:i;i'i to keep his \e^ warm ; and when he hiui t^ot thcm> his own shoes would not come on, s:* 1 lent him a pair of shoes. Sir Fr. i\ .IN. I do ask you, did he declare I count i!iat day ? — Chappel. To beptford. Mr. Wiiliams. Whither the next day? Chap pel. To Greenwich. Wiliiums. And whither then ? Chappel. To Grceiihith and then the next day to f iravesend. >1;-. Williams. Was he in the same ckithei all the while? Chappel Yes, all the while. L. C. Burtm. W>TC you hired to wail upon hhn all that time ? Chappcl. Yes, I was to have five Bhilliiigi every 124 hours. L. C. Baron. Was he alone ? ChappeL No, this man was with him. L C. J. Did he i^o in the scuUer with him ? Chappel. Yt'S, to Deptford. Mr. Williams. Well, now we will call Um gentleman that seized him at the waterside at Gravesrnd. Sir Fr. Winn. What did the count call him- self? Whatpn)lession did he tell you hewu of? ChappiL He tol.l me he was a merchant. Sir Fr. Winn. Didhesiiy he was a jeweller, upon your oath ? Chapncl. ^ es, he said he had bo!«;ht Jewell. Sir /t. Winh. Whore is 3Lr. Gibbons, and Mr. John Kid ? [Who were swora, and Mr. Kid stood up.] Mr. Williumx. Mr. Kid, pray, sir, will you acquaint my lord and thejur^'in what condi- tion you found the count at Gravesend ? Tel the reason wliy he would ^nu^ ihos'j cloaths the whole story, and speak aloud, that all may wjis, iKrcuiisc hi' would not hv k;.>own ? Rcy/tis. He said he was afraid of coming into ti-«.ul»U'. Hii' Fr.W^u.t. Why were you unwiliini; to tell this ? Raj/nts. As soon as T came to know he was : hear you. Kid. I had some information upon Friday nijifht of him. Mr. Williams. Of whom and what ? Kid, Of the count where he was. So I ma<le it my business to encjiiii-e into it. On 8b^ the man, L told him he slioidd not stay in my | tunlay in the afii rnoon a ):enllcman came to house. I me, and gave me certsvin information where he Sir Fr. Winn. Did you lend him those clotlies, or sell them ? Ruir:ts. I lent him them. Sir >'/'. Winn, Had you them ag'ain ? Rui//it^. So, I had not. Sir Fr. Winn, Arc yon paid- for them, or no thoui^lit that gentleman the count was. This gentleman comin«<f to me, said, Mr. Thynn is a stranger to me, hut said he, 1 iiould not have Mr. Thynn's blood lie at my door. Tliis same person who Ls put out in the gazette, I believe, ? ' IS at a neighb(tur*8 house of mine. Says be, I Rin/nis. No, my ship lies at the ke^, anil I desire you to be private in it, because it may do rami; !iome late in the evening, and found him you a prejudice ; so we went into a coach at there. ■ Charing-cross lo go to a justice of peace ; I Sir Fr. Winn, Set up Uichard Chappel. j did not know where sir John Reresby fived, but Mr. Wiltianu. When did you first see that empiired of Mr. Gibbons, who told me, but ba, was not at home, and Ak. Bridgman was nol gentleman ? STATE TRIALS, 34 Chables II. 1662«— mm? Manjmr Mwritr. [h% Sir Tr, Winn, That was, when yon told him, the Polander had oonfaaied ? Mr. Kid, Yes ; my lord was Hiightyy al* tered in his countenance. 8ir Fr, Winn. Did you at the first time that you seized him charge him with the murder ? iMr. Kid, No I did not. Sir Fr, Winn, Was he in a black perriwig f Kid. His cap fell off, and his pemwig, just as I came to him. Sir Fr. Winn. Set up Mr. Gibbons. Pray will you tell what passed? Gibbons, My Ion), as soon as erer he came to shore, I walked by him, and gare him a little kind of a justle ; and my reason was, to see whether he had not a black coat under his cam- paign : I walked close to him just in this man- ner, as he walked along, so he turns' about a£;;aiii and went down to tiie waterside, and adced the watermen; Watermen, have you stowed your boat ? They answered, yes. Then come away, said he ; so soon as be came back again, I catched him last hold by the arm, and the first word he said to me was, What, do you come to rob me ? Said f , my lord, you are my prisoner, and I told him I was the king's messenger, that had waited several days for him ; and holding of him very Imrd; whether that was the occasion of it or the watermen that were on the other side of him, he dropped down hit sword between his legs ; but when I named hb name, he gave a Uttle start, and his perriwig dropped off his face. We went up the street to the mayor, and the people crowding about us, 1% ere very rude and very rugged, and he de- sired he might be well used. We did all we could to keep the people from him ; We went tkp to the mayor's house, and ^ hen we came there I dcsivtd he mi(;htbe searched, whether he had any arms ; He said he had none, and there was none. Sir Fr. Winn. When you had the custody of him, whither did you carry him ? Gibbons. We carried him to the mayor'a house, and afterwards we removed him from his house to an inn. Sir JV. Winn, What did you do the next day? Gibbons. We staid there about some two or three hours. Afier an hour, or half an hour's time, near upon an hour, my lord came to me and asked me my name ; and he said, the rea- son was, that aner his trouble was over he would give me thanks for my civility to hiro. Captain Sinkleer, who stood up, gave him my name before I could, that it vi^ Gibbous. Yes, said I, my name is Gibbons, and I belong to the duke of Monmouth : Why, says he, the duke of Monmouth has no command now and therefore how could I take him by hie order ? My lord, said I, I do not apprehend you by his order ; you have kiVed a very gord friend of mine, and nad not providence ordered it otherwise, you had like to have killed a more particular friend, and a master : So, my lord, nc seemed to be very sorry at that ; but, aaye he, 1 don't think they would have done any harm to the duke of Monmouth. ; ao we went to the recorder, and there i warrant, and then I came by water to •tb, and this same Raynes that was ex- and his wife where he lay, were gone wich to carry his clothes, a grey suit, r clothes that he had left. So going Greenwich, we called every boat that n the river aboard of us, to know, liey came. And we had taken her ttg with us, and she called out her ame. Mall Raynes, and her brother's evick Raynes, and so at last we got the srein they were, on board of us. And : the man what he had done with the tn that by at his house ? He dechu^ one away, he chd not know whither. It back again to this gentleman that this first information, who did go to neighbour, to know whither he was 1 where lie was to be fuund, and where I land. So he declared the particulars : we mis^eil him that night, we should I in the Hope upon Monday morning, enel that was to be cleared upon Mon- Ding. So upon Sunday night coming isend about eight or nine o'clock, or Bts, there he landed. There were 13 edes at the same house where he was to we thought it convenient to take has first landing, for fear of further^ Bo I staid at the Red -lion back-stairs, inded at the fore-stairs, where the wa- rere. As soon as l^e was laid hold of, 1 bhn ; said I, your lordship shall not asy thing that is convenient. He de- ■ow whether I knew him ; I told him I that his name was count Conings- That is my name, says he ; I do not 8o the mayor came, and the Custom- iccrs searched him, and found nothing any arms about him. He desired he used like a gentleman, and so he was ; was no abuse g^ven to him, as 1 know mug np the river, the most of my dis- rns about material affairs ; a Serjeant the command of a file of musqueteers, le deputy sovemor sent to guard the Whitehall a gentleman sitting there res askin|^ me concerning Mr. Thynn's , 1 toM him, that I was at Newgate on ind there I saw those that had done ermis fact With that, my lord asked ^ingv there were in Newgate ? And the captain had a good lodging ? I I m very sood one. He asked me whe- seafcased any thing : I told him he eawd some particahus. And, said I, BMst berbarous thing that ever was eftainly, says my lord, this Mr. Thynn re oorrespondence and commerce with Nr that this captain knew, that belong- Tceurt, or he would never have done r the Polander, I told him that he had i, he wept mightily^ With that my ■ed lery much concerned, and took up MS end bit tbcro, and sat awhile up, ■MMh diioempeeed, end then dc- leoowD. I!9] STATE TRIALS, 34 Chaa lbs 1L 16S!I.— THo/ of Cmd CotUmgimm-k 8irrr. Wtnn. What else did be ny? Gibbons, I think 1 have told you all that is material. Sir Fr. Winn, Were you in the boat at anv time, and ^ve him any account of the man s havings confestied ; what did he say to it ? Gibbons, Sir, I was not there, nor I did not come up in the same boat with him. Mr. Williams, Did be mention any thing about a stain to his bloo<1 ? Gibbons, I ask your purdon, he did so. Mr. Williams. VVhat did be say ? Gibbons. Hays he, it is a stein upon my blood ; but one good action in tlie wars, or one lodging upon a counterscarp will wash away all that. L. C. J. What did he say was a stain upon bis blood? Gibbons. My lord, if you please, I will tell you : As I said, he asked ine my name, be- cause he would come to give me thanks for my civility after his trouble was over ; the captain, being quicker than I, told him my name i Yes, Sir, said I, 'tis Gibbons, and I belong to the duke of Monmoutli ; said he, he has no com- mand now, how could you come upon his order? Said I, I do not come upon his com- mand, but you have killed a very good friend of mine, and a countryman ; and if providence had not ordered it otherwise, you had killed a more particular friend of mine, and a master, that I had served many years ; said he, I don't think they would have done the duke of Mon- . mouth any injury : After that he walked up and down a-wfiile, and then said he, 'tis a stain upon my blooil ; but one good action in the wars, or a lodging uj)on a counterscarp, will wash away all that. The mayor was m the room, and several others. Sir Fr. Winn, Pray, Sir, one thing more ; when you did speak to him of coufession, did he say any thing to ^ou about captain Vratz ? Gibbons, Sir, he was only asking of me how things were, what the peoj>le said, or some sucn thing? I \tas not forward to tell him at tirst, but afterwards I did tell him, that the captain had made a coufession, thoufili it was a thing I did not know then. Sa^'sbe I do not believe the captain would confess any tbiug. L, C. J. Did he say so? Gibbons. Yes, he did, to the best of my remembrance. SiKr ¥r. Winn. We have done with our evi- dence, my lord. L. C, J. Mjr' lord Coningsmark, will you ask liiin any thing ? Count Coningsmark. No. L. C. /.' Then tlie next thing is, you heard the evidence tliat is given against you. Now you must come to your delunce : 1 will out you in mind of some things, my lord, which things it will concern you to give some ac- count of. It is here laid to your charge, That you were accessory to tlus manhar of Mr. ■fniyna, and tliat you were tlie penNm that di- MM and designed it. AndtncM efidenoes there are against you, Thst yoa wen oo| zant of this, tod that you were the penoo i designed this : That you came into End about a fortnight or 3 weeka before the oi of Mr. Thynn ; that cwtain Vrats, whe one of them that killed nim, came with j that he lay at your lodging, that he was i stantly with you, that you lay tnoogntlo th and private, ivould not be known what 3 name was, that you shifted lodgings from I to time, that Borosky tlie Polanda' earner by your order, was brought to your kidg was provided for there, that he bad dothes, he had a sword provided by your lordship him, and that tliere was care takea thi should be an extrordinary good sword, yon did discourse to Mr. Hanson about ] calling Mr. Thynn to account, and this n about the time, or a Uttle before the time of death, and what the laws of England woni in case you should call Mr. Thynn to aoooi and particalarly you desired to know n Monsieur Leinocrg's opinion mig^t be ( oeminiilf it, and especially what in reUtiQi my laily Ogle. And that after all this, Burosky was not only clothed by yoo, but sent by you to Vratz, (that the Doctor m and alW Vratz him, that he lay in, your k ing that night before this evil thing was di and after the thing was done, the same ni Vratz came to your lodging and was with} I and had private conference with jrou, that next morning you got up and went aa thougli you had taken physic the night fore, and though you yourself, nor your I] tor, thought you fit to go abroad, and th away incognito, in a |iemwig, disguiseu, ; direct your servant to carry your clothes way wtiile you go another; then you flodi to tlie water-side, and lie private near the n at a Swede's house at Uothcrbith for sen days together ; you afterwanis take great t to conceal yourself, by changinff your doll and putting yourself in a gaib not like } own, und giving out you wore a merduut< jewelItT, or some other trade; thataflerwi you trifled away the time and went 2 or 3 mi and then struck in upon one side of the ri and afterwards on the otlier side of the li suspiciously up and down not to be known, this not like yourself in any manner, but : pitiful poor ilisguise, and hire a sculler to Oi you, from whom you concealed youraetf, so all along you trifled au'ay the time till wen: taken at Graveseud: That afterwards « you were taken, you were imjuisitive abool captain, whether he did confess ; that you A Vikiiw ise say some such suspicious wonh these, That you beli^'vcd those wlio lolled Thvnn had no design against the duke of K mouth ; that you believed the captaiii w not confess ; tiiat you seemed to be conoa when you were told the Polandar hadi fessed; that afterwards you should ay, lord, this is a stain to my blood ; bat ona | action in the wars, or a lodging upon a com scarp, will take away all tw, cr wash it d TATE TRIAL9» 34 Chahlrs II. 108d«— iMiI oiken^f^r MmrJkr. [fie rbich is also testififid agidost you; oold ask the boy that very morning he murder was committed, whether io London here to permit men to down on horse-bock upon a Sun- r theqe things, my lord, it will im- give some account of. iknwH. My lord says, he desires he r all these things one ailer another. Let him do so. And first let him It his reason was to come into Eng- h a manner incognito, at this time, ncealed, when he nail been in En^- , and hved in a mighty good equi- mditioo? KH, My lord, he says that hearing a peace between swedeland and od iiolland designed, and like to be suddenly against the French, he a design to serve England, and to fiment of horse here for the serrice : of England. oningtmark. If any such peace f any appearance of an alliance b&- and and Holland, and l^edeland, I a to propose, if I could have a regi- >Vhy did he oome unknown, and in Anstm. Secondly he says, my lord, of his coming incognito was, be- lad a* distemper upon his arms and having formerly triedand employed an, and having experience tnat he man, he was resolved to lie private- id cured himself ; for he could not nor keep company, having this ipon him, and he was afraid, if he impany, it would have hindered his be should not have been so soon be kept in the house ; and he says, |uipage could not come 'till after, ■Id not Hillingly appear 'till he had e as a man of his quality ought to were the reasons that made him e. Plray ask him upon what occasion ige his lodgii^ so oflen ? Mascm. He says that his first lodging Bd because it was too cold for him ; I, the next lodginfi^, where he was, vere there can tell, the room where laked so cnidly, that he was not ore it. And he says, he lik^ the dtt, that he sent to see if Uie chimnty Rided, and it was not to be done, be had gone back to that house, and man and his wife to bear witness of Let him call them. Call Joseph Parsons and his wife. did not appear.] Then ask my lord this, to what HA briiur over this Polander here ? a oQasi£roftliat, and give an ac- lie brought him hither. Dir. 0a says thife Pole was taken into his service when he went to Tangier, when he went several thousand miles to do the king's service, and he had designed at that time to bring him into England to dress his horsea after the German way. L. C. J. Had the Polander been a groom formerly ? Interpreter, lie says, he thinks he had been g^room to his uncle before. X. C. J. But to what purpose did he biing him hither ? Interpreter. He says there was a great dis- course about Strasburgh's b^g besieged, he did design to buy some horses, for every one did arm themselves ; and he says he sent over 1,000 pistols to be answered by the merchants here, to buy horses. X. C. /. Hath he any body to prove it ? Count. There is Mr. Risby, Mr. Hausoti^ and my brother. Young Count. My lord, I had a bill of Ex* change. L, C. J. For how much money, my lord ? Young Count. For 1000 pistols, to buy horses, and he has bought one horse, and wa3 to buy more. L. C. J. Do you hear, gentlemen, what he says P He came over to buy horses, and he returned 1,000 pistobibr that purpose ; and hia brother does attest there was such a sum Ktuni'' ed by bills of Exchange, for. the buying of horses. Interpreter. My lord, he says he does fear thai the jury that do not understand English, do not understand his reasons for being in a disguise. £. C. J. Cannot he give an account of it himself? Mr. Williams. No, ray lord, his evidence, must be interpreted to them by the Interpreter. L. C. /. Tne doctor's evidence ha^ beea heard already about the same matter. Sir N. Johnson. He desires, my lord, to knew this; whether he may not say the same things over again to the Jury m French f there are a ^preat many persons of quality that understaml it, and they will see whether ha speaktrue. L, C. J. Let him, if he pleases. Sir Fr. Winn, But then, my lord, I hMe that your lordship wiM tell the jury it goes tor nothing without proof. [Then the Count spoke to the Jury in French. L. C. J. My Lord, I do not know whether the gentlemen that are of your rtglit- hand heard you or not. Jurymen. We understand not French. [Then the count spake it in Dutch.] Interpreter. He says, if it had not been for the great stormy weather, the Polander had been sooner in London, for he sent for him before. He says, the letters go from Straa- burg to Hambingfa in seven days, and that moat commonly ships do come from thence in ekrfi^ days, but jn a gtetX deal less time than the Co- lander cane over iB» iA»dheiays,tiiathairiit 63] STATE TRIALS. S4» Charles II. \6S2,^Trial of Cotml CmingsiMrk four months before to fetch the Polander orer, and he mifi^ht haTe'been here long ere now, if it had not been for the weather. L. C. J. Then, my lord, I would ask you some more questions, which concerns you to answeiF. Upon what occasion did you make your discourse of Mr. Thyqn's death to Mr. nanson ? Had you any mscourse with him ? and upon what occasion r Sir N. Johnson, My lord, he says in common discourses, it is impossible to give an account of the discoin'se, or remember the occasion of it so long ago. LE. J, Ask him if he had any quarrel with Mr. Thynn ? Or knew Mr. Thynn Y Sir N, Johnson. He says, iny lord, that he never had any quarrel with Mr. Thynn, nor to the best of his remembrance, with his eyes, never saw Mr Thynn. L. C. J. Then 1 askyou this, my lonl, did you ever hear Mr. Thynn had married my Uidy Ojjlc before you last came into Eng- land ? Interpreter, He says, he never heard of it until he was goin:^ to Strasburgh, and then all the whole town did talk of it. L, C. J. How long is thai ago ? Interpreter. Half a year ago. L. C. J. Then it was before his last coming into England. Sir Fr. Winn. My lonl, his discourse with Mr. Hanson, was not when he was last m town, but before. L. C. J. Then pray ask him this, what oc- casion he had to ask the boy upon Sunday, whether horses might ride about the town of a Sunday ? Interpreter. He says, my lonl, this is a very «trange thing, that ne s&ould go and ask u scuUion-boy, whether people might ride on Sundays, when he himself, over and over again has rid upon Sundays to Hyde-Park, as many persons of quality do. L. C. J. Has lie any body to prove it ? Sir N. Johnson. Here is major Dpfleihorp, ^who, with divers other gentlemen, testilied they had seen him riding divers times, on Sundays, In Ilyde-Park). L. C. J. Then that question signifies no- fhing ; there could be nothing in that question. Sir N. Johnson. My lord, he desires that I may be examined concerning the boy, of what I heard by chance from the boy himself, and I will give you an account of it upon my faith and reputation. Z. C. /. Do so, Sir Nathaniel, say what you can say. Sir N. Johnson. My lord, I having had the honour to serve a-while under my lord's father, 1 was desirous, knowing the honour of the family, and bearing a great respect to it, to do my lord all the reasonable service I could. So hearing my lord was taken, and in Newgate, I went to wait upon him ; and coming there, Mr. Uichardson told me, there was a little doy waitfld at the count's door for his wages, as he So I spake t^ the boy, and asked him, , what do'st thou stay for ? He told me for i wages. Said I, certainly my lord will { you y(mr wages ; how long have you sen him f He said, a little while ; and then said if you Hved with him, what do you know his business ? And then of himself he bq| and told me : only this I know. That Vn was in my master's chamber that niffht, i the Polancier that night went out witti a p of boots under his arm, and more than thn do not know. Said I, boy, who do yon serf Says he, I have no master at present; I then of his own accord he told me, sir Thoa Thynn had iiromised him a place, and in t m^ui time, i am, says he, to spo to serve i lord Privy-Seal ; and so my lord gave h 205. for his wages. Interpreter, My lord desires the boy m be asked, whethci* he did not go to fel physic. L, C. J, Ask him ; where is the boy ? Wails. No, 1 do not remember it. L, C. J. Now, you should put the coiiat mind. Sir Fr. Winn. We observe what a sort interpreter sirN. Johnson is : he, speaks dh like an advocate than an interpreter ; he mi gles interpreter, and witness, and advocate i getlier, I dou*t know what to make of him. L. C, J, The count had taken physic tl day. Sir Thomas Thynn, My lord, I desire to heard, I never spake to the boy in all my K Mr. Tht/nn. Nor I. But he gave the sai testimony he gives now, before the king a council. * L, C. J. Look you, sir Tliomas, it does i concern you at all to speak to that, there is reflection made u})on you in it. But my k Coningsmark, it will concern you a httle, shew upon what occasion captam Vratz ca to you that night that Mr. Thynn was killed Interpreter. He says, my lord, he ca tell why he came there ; it is a proper qui tion to ask captain Vratz himself. L. C. J. That eauH be. Interpreter. He says, my lord, he kept chamber at that time; he had taken 0 upon bis takin:^ physic, and the ca[itain m to give him a visit, and he never reflected wl any one came for ; he was lying upon his b L. C. Baron. Pray ask my Hird tliis : w this man, that was sent over to attend hon should fMime upon the Friday, and a ca paign coat be bought him on the Saturday, i he iiimished with a sword on the Sunday ? Interpreter. My lord, the noise is great, 1 I suppose your lordship desires to know w! was th« reason why he nought a sword for b and a coat? L. C. Baron. Ay, and how lie came by ' buff- coat.' Interpreter. He says he had that befiyre. L. C Baron, But why must he have si a strong basket- hilted sword furnished hui a day's time. Interpreter, He says, my lord^ as to 4 STATE ThtlALS. 34 Charlu^ 1L i6S2.— ffwdT otherfif&t Sfuf^ier. [ff6 nrh«n he saw him witb alt liIs clothes m list of necessity ^^t imn a coat, or as a shame to liiin and Lis scr; iec. ^r the sword, U was no more (he s;i\ s) at servants of his bulk and linaLiug' voar. John^^on. And he says all the scnants linen in Gtricany wear such broad f. You know it yourself, sir Nathaniel \ •>» ha\ e travelled there. jimHion. Yes, ray lord, they do ; and s much broader and greater swords otlierS. Here is one in court that cvii broad sword now by his side. f. Now, my lord, it will import you some account, how, you having o^er this PolandiT (as you say) to [>rses, and help you in the manage- them, to take care of them in the ' a fproom, how you came to part with iptam Vratz as soon as he came over ? reter. My lord, he says, being that ck himself, and there was no ho>>es of ce between Eoffland and HoHand, he uch occasion tor him, as when he hiin, aVld therefore saw no reason to m r. How long was it before that he bim ? My lord, after the siege of Stras- ben e\'ery body thought there would I a ^ar, but it was not so ; therefore need of him, but he had been scren sea ; and, my lord, it is a common Gvermany. -e/er. He says, it is a common thing »UBtry, to give servants away, if there ision for them. My lord, it iS a common thing in , it may be, it may not be so much ngland to give a servant away. kurort. Wfa^t, the next day that he »r? J. What say you, Sir Nathaniel Johnion. Yes, 6iy lord, it is very in Germany to give a servatit away if lO use of him, for these Polanders are ^eter. And, my lord, he says, that el does know, that the merchant that over hither is a man of good repute ; is man had bad an ill reputation in , he would noT have sent him. F. My 1 M d, I know very well he is a ry great credit in Hamburgh, and of '. Did he send over tliis Polander ? I. Yes, n y lord, so I understiind. '. Can }0u speak of his credit, sir I Johnson :' i. Of the merchant's credit I can, I know him to l;e a man of ro'tsi- tate and credit. He is a man of such i» that he would not bend a man of an ion. L. C. Baron. Oh, Sir, * Nemo rcpente fit * turpissiiims.' He couIcT not bo sd ill a man at the iirst dash ; he must be a man probable ibr such a service. Sir Fr. Winn. You may observe, my lorS, how sir Nat!i:miel Johnson who is interpreter in the case, is a witness, and argues foe the prisoner too. Mr. Williami. Pray, Sir Nathaniel, Is a rencounter the killing of a man after this manner ? Sir N. Johnson. A rencounter is another sort of thing. Sir ; you don't speak as if you were a soldier. Mr. WiU'mmi. My being a soldier or not is nothing to (be l^usuiess ; but the captain said, he intended to have made a rencounter of it. Sir Fr, Winn, But, my lord, we desire to take notice of sir Nathaniel's forwardness ; for it may be a precedent in other cases. L. C. J. What do you talk of a preeedent ? When did you see a jji-ccedcnt of a like trial of strangers, that could sneak not a word of Eng- lish; but you woulu fain liave the Court thought hara of, for doing tilings that are ex* traoriinary in this case. Mr. Craven, My lord, he desires he may inform tlie jury what he sent for this Pg- lander for. L. C, J, Let him. [Then the cocmt spake it in French and Dutch.} L. C, J. My lord, another thing is this, how came your lordship presently to go away in such a private secret manner, and to direct your clothes to be sent as it were to Windsor ? And yourself to go away, and to make such a private withdrawinff' of yourself down the river in this manner r Mr. Craven, My lord, he says, that one Markham, that is here, came and told him, that upon the killing of this man by the Po- lander and the captain, who were taken in such a fact, there was a discourse of it that it might turn to- his prejudice, and that the common people do commonly fall upon stran- gers ; tibat his taylor told him ; that he heard Uie common people name him as concerned jn it, and that he believed; if the common people did catch him, they would tear him to pieces, and so his friends did counsel him that he would withdraw himself. L. C. J, Is the tavlor here ? Call him. Interpreter, Call Markham the taylor. (wli'o stood up.) Sir N, Johnson. My lord, he says, that he was afraid the people might tear him to pieces, before he could come to justify himself. L, C. /. Look you, friend, did you come to count Coningsmark's lodgincB af^ Mr. Thynn was killed, on the Moncuiy momJDg f Markham, Yet. L. C. J. What did yon tell him ? Markham, I told bun nothing, but Iwaf sent there by 51 r. Hanson ; says be, tcU the coimt that tlic duke of Monmoutn and several noblemen have beeo here : Now I bad not teeii F i 671 STATE TRIALS, 34 Charles If. \6S2^Trial qf Count ConingmMrk [tt tlie coant at that time before, but he told me where he lo(1<^ ; v^hen I came liierc f told the count of it, but be told me lie knew no- bbing of it ; but, suid he, I am sorry if any •uch thin^ be done. L, C. J. But what did you say his friends advised him to about it ? Markham, I did say notliiu^ of it. [Then the count spake to him iu Dutch.] Markham, That was aftoiwards. X. C. J. AVhat was that aftcnvards ? Markhcan. I was told, the people said, if he Were taken he would be knocked on the head. X. C. J. What time afterwards was it ? Markbam, After he went away . X. C. J. Who told you so then ? Markham, Mr. Hanson told me so then ; I would not tell a lie for all the world. Count. He can tell also wheu I went away >^^the rest he spake in Dutch. Interpreter. lie says this man can witness, that he asked his man what money he had left, and he told him that he had not above 10 or It/, so he put his hand in his ba^ and took out some, and i>ut it into his pocket. Count, So ill was 1 iiro\ ided for an escape. L. C, J. Ask him that question; do you know any things of what money he took with him t Markham. Nn, I saw him take an handful of silver, hut what it was I cannot tell. Air. Thynn. He had 7 or 8/. about him when he was taken. Inffrpr^fer. He desires leave to tell it to the jury, (which h** did.) X. C. ./. NoM', my lord, tliis will rcq«urc «ome answer ; how camr you to tell thosr L*'en- ilrineu that took you, that he br Tipvcil i^lr. Vnit/ and the rest \^ould have done the duke of jMonmoulh no hann ? Inicrprcltr. He says ^he people told, when lie was takvn, that the didcc of Monmouth was in the c(»arh, and that they did follow the coach a ^r(*'it way, and would not do the ac- tion till the chike of Monmouth was out of tlie coach. Count. Tliey did tell me, the croud that \rv\v uh<iut mc. that those that were taken said that tlii'y would not d-) ii till th'^ rjuke was out. InUr/irctcr. And he say.S th.it gnve him ■ufli<Mi'nt rcasop to say to 51 r. f jibbons that he did believe they hid n:> desig-ii \}[wn his ijrare the duke of IVfonmouih. X. C X He heard it so commonly, it seems. Now, my lord, there Ls one ihiu^ more that you shouhl explain yoursidf iu, what you mc*ant by this M'hen you said it would boa itain upon your blood, yet one noble act in war, or the lodging upon a coiuiters(.*ar|), would wash it off. Jnterpnter. Ho says, my lord, that thoupfh be knew him ^If not j^^uilty of anj' thin^f, yet Ids being taken ui>on suspicion, and dapped up in prison, would be a ^^reat disgrace to him, and would be worse resente<{ in his own country than the thing itself was : It being uot the custom in his country to take penons of \u» quality prisoners in that manner. X. C. J. Now, my lord, is there any pam that yon would have called to adc any qpei* tions of? If you have, they shall be caUed. Count. No, my lord ; out if yonplmeto give mc leave to toll something that may bene- ' cessary. [Then he spake in Dutch.] Sir A. Johnson, 3Iy lord, he says, if yoQ will give him leave, though it does not codm very well from himself, yet he desires to lay something for his own reputation. Mr. Williams. He should be armed with witnesses to make his defence. X. C. J. It is fit for any men that stani here to say any thing that is reasonable ftr themselves. My lord, if you can speak any thing that you apprehend the jury can nnder- btund, s|)eak to them what you please, so si they understand it, but do not be too long. Mr. Craven. My lord, if vour lonbhip please, he says he would speak it first in Frendi, and then in Gennan. X. C. J. Ay, hut then the Englishmen cf the jury will not understand a woraof it ; he had better s]ieak in English to the jury. X. C. J. (North.) IVIy lord, it is an indif- ferent thing, it may be interpreted, not being matter of fact. Sir N.Johnson. My lord, he says it iia (Treat happiness in all liis trouble, that he vn in a country where he was to appearbefocaa protestant judicature, himself being aapio- testant, and his forefathers also. He says, tkst his fore- fathers, under GustayiiB AilolpluHi were soldier^;, and did there, wifli their swoi4l iu their hands, and the loss of their blood, en- deavour to settle the protestant religion ii Cicnnany, and in-otect it there : Hesays,thrt it has lieeii the lionour of himself and his fii^ mily, that they have always been ready to ven- ture their blood and their lives ibr the ad« vantage of tlie protestant religion, as the ex- amples of his grandfather and father do sbcir.; ancl there was never any thing done by his la* mily but what was done for the honour d his country, and his religion: And he says, that if any of his fonner actions can give any the least suspicion of his bein^ gailtY of tfai^ or any foul fact, he is very willin$r to lay down his lile, and very willing to have it cut off im* mediately. Count, Immediately. Sir A'. Johnson. He says, that he is TCfj ready, upon all occasions, to serve the long el England ; and that he loves the English na- tion so \vell, as always to be ready to do any thing to serve them. Count. Without any interest 2h tfaewUl against the vvill of all my relations; and I havi brought my brother into England tobebvoni^ up into the Protestant religion, to shew mn inclinations to the religion, and the EngM nation. X. C J. Have you done 7 Sir Fr. Wirt. \ is, my lord, we have don with our evidence, and we bate no utttri STATE TRIALS, 34 Charles tl. l6s^.^end Murnjw Murder. [70 m reply unto ; but we think H is oiu* duty, tiering the defence my lord has made, ve •hould take some care to put the king'^s Dce a little together, it being a case of nature, and so cruel and horrid a murder. r Lord, and you Gentlemen of the Jury, I fooiinsel here for the king, and you are emen upon an enquiry to mid out the of- n in a very great, a barbarous, and a wW- unfer. Ana, my lord, in relalion to the [pals, I need not spend your lordship's and iry's time about them ; fur all those three that are indicted as principals, do, my oootesB tlie fact, though they do it in a eot manner, and thougli in torm of law bave pleaded Not Guilty ; yet when they to be asked the question, their guilt flies ar fiuxs, and they cannot deny it. Ho for tiiose three men there is no need to I time in repeating the evidence. t, my lord, that seems to require the con- •tinQ of the jury is, whether this wicked borrid murder be only circumscribed in ink of it to those three men that have oed it, or whether any rational man in 'orid will believe, upon the account they themselTes, that they had only a design, IVy or addight to kill this innocent gen- o. No, mv lord, the thing must Tie a lecper, ana there must be some other a why this barbarous murder was com- d, I would crave your paidon for what i My lord, I would not apeak any thinff fcanid mislead a jmy in matters of blood, I ikUk it was right^ said *by your lord- thai when a man.ia tried for his life, we \ aU to behave ouraelves seriously, as in a r €f weight and moment. And so it is, I I a Tory serious thing, and a matter of nuMPt to Qs all to enquire who hath shed ent blood ; for such was this poor gentle- I Uood that was killed, innocent blood. r loid, thia count is a very unhappy per- » hare such a relation as has bet>n proved of the principals : I will do ray lord no I in the repetition, if I do, anu am mis- f I crave your direction, I am sure you ORcct me ID it. Two of the perscns that lioGipala, that was captain Vratz and the dcr, happened to be persona relating to ird'a faoiily as his servants. For it is d by the witnesses that were that count's Is, that they came over into England with MBit, the last time he came over in that te manner'; anil it is likewise proved, and mied by him, tliat captain Vratz was fre- ly with him, not only to the very day this Uoody fact was done, but afler that crime was committed : I say, my lord, » very unfortunato thing for this lord, that men sliould have so near a relation to who ha^e had their hands in it, and can ■0 account why they did it f lord, I do know, (and your lordship has r directed us) that no evideiu:e from one Tf or the coufeskion of one can charge in point tf evJAukot i but I fannot but take notice, that curtain Vratz could giva no roasnn in the world ror it, but as it were for some affront to the count and himself. But, my lord, the evidence that lies heavy upon this lord at the bar, is made up of these jmrticulars. First, That here is a murder committed is plain, then that this lord did fly, is also plain, and when he did fly, gentlemen, he kept him- self in disguise before that fact was committed, and whether or no the reasons be sufficient that he has g^ven to your lordship, and the jury, must be leil to consideration. He says, that he had not his equi^Mtge, that he was not very well, and that lie could not drink wine : those I take to be the reasons given, why my lord Coningsmaric did conceal nimself, till the time after the fact was committed. L. C. J. He was taking of physic, and he tliought it might be prejtraicial to liim to drink wine, or keep company. Sir Fr. Mtnn, Buf, my loni, these kind of shifts, we think, are not able to balance the evidence ; for that which is truly the evidence is this, Mr. Hanson, who is very much con- versant in that family, and who did give his evidence very linwillmgly ; yet, he did really confess that which will go very far in this case ; for afler he was pressed se^'eral times (your lordship, and the court, and tlie counsel pressed him) to tell what was the reason of that discourse he had with the Swedish resident, and he was asked. Had you any commaud from my lord ConingsmarkP lie answered no : but, says he, I mought it would please him, if I could have tlie opinion of the agent or resident to know what tlie laws of £ngland were, if so be he called Mr. Thynn to accoimt, and what the consequence would be in refer- ence to his design upon my lady Ogle, and upon this he does go, and ask the question of this resident. Now, What does he mean by this calling to account ? We must take things according to the reason of them. Certainly it was some offence that he had taken to Mr. Thynn, and that is ]ilain in regard when he was asked what tlie prejudice did refer to, Mr. Hanson was pleased to name that great lady, my lady Ogle, and said she was mentioned, and he did desire to know what the influence of the hiws of Eng- land would be in that matter, if he should call him to account. My lord, 1 think, with submission, it carries this in it, as if he had a purpose in his mind to call Mr. lliynn to account by quarrellin.^ vrith him and hazarding him in bis life ; 1 do not undertake, nor would not, of myself, to ex- pound it, but this 1 will say, it must signify something, and must have some consideration ; and without all doubt, u person of this lurd*s qiudity would not let fall such an expression, but for some end and puri>ose. My lonl, alter Mv. lianson had given his long evidence, which came so diflicultly from him, we traced it down by severul witnesses, Wright, Harder, and othem ; that this Po- lander CWOi over, aa it hap|>ened| on the Fri- 71] STATE TJIIALS, 34CHAftLBS IL l682.--7Wal of Comii Cwnkigmatk [7% Thynii*9 blood, wheo tiie blow wo given, wUliin an hour aiierthe murder committed, (for so the boy swears expresslvs ibr Uie Uow was given at eight o'clock^ and ai'terwarde he w^nt to the doctor's tobco, about teno'clodi at night, as the doctor hath confessed ; 1 take that tor a mighty evidence. And theQt ^y lord, upon the Monday morning, when tM^ boy conie.< in, the count asks him, Whal irii the matter with tlie bustle in the street theJeil night? Wi!i anv man in England behere, bni that he had haj .earUer newtt of iti* And fiic what reason should he ask the questiion, if Mr^ Hanson speaks true, who brougnt the news in from Whitehall ? But the ^jeat question that we wonder shoidd be asked the bjy, is what Mr. ThyDHWiiP Which ccrtnlnly'wasa very odd expresBko, if we consider wiiat Air. Hanson says, That dm count hail mentioned lilm in his discoane, aai my lady Ogle too. One of the count's answen was, It could not be imagined that he codU speak to a scullion- boy ; but you see the bof swears it, and tells it so, as that it is jvf probable. W^e now come, my lord, to give an accoont ef his flight. The father of the boy comes in the moniiig: and I would observe, though ha pretended fis business and his distemper brought him over, and that he was ill and under i;ure ; yet Ihie matter made the place too hot to hold him ; etwf here he durst not; immediately he ibi^gothv physician's prescriptions, and gave order to hii man to send away liis tilings. Tlien the boj^ father was sent for, and the jKirtmautles BM ^iveu him, and he is told my lord was going I0 ^Vindsor ; but when he cauie to Chariug-Cmi the things are put into a coach in the 8tnuid| and from thenco they went fur Ilutherhitb. Then came tlie man at whose house hel^, and he was a Sweilc, And by the way I wouM obser\'e, the witnesses a 1*6 'most of them my lord's own frioiids, unwilling to tell the tmtir until wt; get it (and that very hardly) from thcni« This man was very unuilhng to tell his know* ledge, but he got lumilie clothes, which chfthca, by the bulk of the mmi, one would think wooM hardly fit the count : but the nu)re he was die* flfuised, the more was his securitv ; and when lie was asked this question, why ^le desired to have those c-lotlies to Kocurc lii'm ? He nid al last, It was to prevent tn>uble. Now let us considiT, my bird, whnher tb« coiuit has given any answer to that. My Bord, there is nothing in what he said, under pardon. j He says, he wint away, because he was afraid I the pcHiple would tear him in pieces, betiire Im could justify himself. If he were innocent, hn I knew where to go to lie secrure Ironi any hurt from the people ; he might have appliiHl bim« Keif to vour lordship, or to any other mimfie-t trate. He is so ingenious he*^ could not but know he might have protected himself under the government, which protects and securen ai^ y man wliatsocver if he be innocent. 1 barn these two thiogi nuns to ncntieiii day, (which is a thing comes mighty done) upon the Saturday he is provided with a coat and a sword ; on the Sunday he committed this inhmn:i!i Uioody fact. Now, it is a mighty unfortunate circuiirstance upon this lord, that this should hi* n man whom my lord Conings- niark should bo no very mucn conccmed Jbr, that because he was not come, he should be afraid he had miscarried, in the Wejither; to that his answer was this, that he was sent for over by lijm to hiuk after his hors(*s, and he had come a great deal sooner, if it had not been fur the stormy weather. But, your lord- ship observes, tliut it was not above three or four months before, and then by his own shelv- ing the business of Mr. Thynn, and his mar- riage with my lady Ogle was talked of tar and near; and so, mv lord, it makes the suspicion of the malice tl^e greater, that he who has done this bloody niuraer, and lias been so much under the command of this lord's family, that he should come but two days before, and the count pnn ide him with a s^vord tliat very day, and then tliat letter from captain Vratz to Dr Harder, which he carried to the count, and the count reail, but of which he can tell you none of the contents; that speaks something in re- gard when the doctor w«?nt awavi this Folander was sent to tlic captain by the doctor ; but this is Tcrtain, however, tuere was a sword that was brought by the culler, that swonl was carried up to llie count's chamlier, that s^vord was delivered aiWwards to the Polander ; for he had it on the Sunday morning when he went away with the boots under his arm, and the i^ampaiifn coat u]H)n his back, with a bufi*- coat under it ; and he went <»nt, and never re- turned till tho fact was coniinitte<l. I sav, iny lord, it carries a vehement suspi- cion, that he was privy to this nmnler, because this w as a servant at' his devotion, and your lordship and tin? jury see what kind of a crea- ture he is, likely lo do any thing, being at the command of so great a person. But then, my loni, to come closer to the matter, (tor I v'ill only re|»eat that which is most nmterlil) tliere Is the evidence of the boy, who I must say, tolls you a verj- sirnsihle fctory ; Ik? tells you upon' what account he came t: him, ihat he was tliere ten days before the munhr was couimiUetl; he swears ex- pressly, that (lie PolaiKkr lay there the night bi'fore, was th'-re that morning, went away with the sword, and Dr. Harder with him; t!:jt til is murder was committitl alMuit eiglit oclo'jlw at night, that captain Vratz came hti'^iii.u: "ito the c<»nnt's lodginu^, where he lay concealed, and the hoy, by ai»Tifemenl, l>e- iiig Ut i>o home every night, staid ii!l half an hour pi'.Rt ninp, and left the captain there at luM tune, and the captain had been there in tlie morning. My lord, surely it is a strange thing, and much to be won'lcrcil at, that the captain, who i'.ad tlic mana^ment of this murder, had no where to go tor a refuge, but to his pntron lay lord ConiDgvmaric, re^hur hoi iritb Mr. ;] . STATE TRIALS, 54 CaAKLEsIi.l682^--miiolAmi/irAfiirAr. [74 iy> whereto f^ ibr tiie author of this vilUiBeiM f^ct, nor whom to ezcuiw as th« prime con- triver, but this count beiure you. I pray the God ot* Heaven to direct you in your es- quiry; and it' 1 hare said any thin^ amiss, 1 beg your pardon ior it. [Then a great shout was made, which tbe^ court rebuked the people for.] Mr. Williami, My lord, I did not think to have said any thing more in this case ; but I must crave your loMship's and the jury's pati- ence tor a few words. As for the three peraoni at the bar (tlie Pole, the Captain, and the Lieutenant) it is, gentlemen, very notoriour tliey are guilty of this most hellish mur-' der. lidt all the labour aud difhculty of thir matter is, how lar this count is Guilty or Not Guihy. Fray, gentlemen, do but observe the nature of this (Time, ami the manner of our evidence that has been given you. The crime he is ac- cused of, is, lor being accessary to a wilful murder: accessary Uftbrc the fact; contri- ving of it, and laymg the train, which these; persons were made use of to lire. This tieing so, it is aluiost impossible to give yoa that clear light and pregnant proof against an accessary, as against the principals. The pnnci|»af is he that doth the tact; that it notorious and open. The accessary is the per- son that prepares the scheme, contrives the management, first sets the wheel on work, gives the necessary instructiuus, who lies behina the curtain. Mow, considering that, and the nature of tlie thing, it is impossible to give a clearer evidence than what you have had. Pray, gentlemen, do but first consider who hath been the privadoes and the intuiuites of this count, with whom he has had conference since he came into England, Hanson and Dr. ; Frederick, who are l>rought as witnesses { (though unwilling ones) against him : the boy I that was eniploye<l by him ; he is in no other ! hands ; 1 caiuiot hear he was among any other I persons but these, and captain V* atz, and the ; iVilander. These aro his company , and those alone with whom he had converNation. Now, gentlemen, that we shouhl be able to produce i these \cry men (that were his only com[ianion8) agaiust Aim as witnesses, is a mighty thing, ■ oonsideriii? the i»ri%'acy he lay in. As tor Vrat;!, his nH»st intimate privado, he came over with him into England, livid with ' him in his tirst lu<lgin;;, and was continuuUy with him during his stay. 80 then, What caa we cx|HH;t aliuut ihis man, gentleincn, ulien he j had liiid his design with all the privacy he I <-oiild, would havit sh little com crsation with Englishmen as he vi*M. It \ias very crattily laiti, that he woultl rouvcrsewiih nonebut those that wen* privy 10 his design, or had an hand in it ill a great iiicuKiire. Then pray consider how it vtiis (»trri('d <m, getttlt^men ; Vratz, who W8S ihi! great eoiiimaiider, and the Po- lander, who w as the immediate actor in it, had been ius oma serrMits. Vntz, I say , -he had t id tkett I ehall leave it to your kirdsfaip, and lejury ; end one is the evidence of JAr. Gib- jVieiidfilr. Kid. Sir. Kid gives thai which to me is a very Mtenal evidnice of what passed when they ftsed bim : as they were coming up the river, le count asks him, whether there were any ood kidgin^ in Newgate ? and particularly KpreHed his care of tlie captain, to ask whe- Mf be were well lodged. And when he was Mthel the Polander ImmI confessed, he says he ecaed on the sudden to be very much con- ned, bit bis clothes, and threw himself along I ilk wme agony. My lord, an innocent man ceded not to use anv such actions. Then cones Mr. Gibbons, wlio was very in- bsBSBBtat ui the pursuing of him, and is known I he SB honest man, he gives this evidence, ut vksa there was a discourse about Mr. ^kjatL, and his old master the duke of Mon- Bouih, the count, presently replied, they meant skBie done the duke of Monmouth no harm ; ad wslkiog about the room on a sudden, burst Ml iaio this expression. This is a stain upon av bkiod, but one good action in tlie wars, or olfing opoa a counterscarp will wash it all way. ^ow, my lord, as to what he answers to tliis, I My aoy man may make that evasion whii;h as radd'txcuse it by, to say that the accusa- ls is sstand^ or a stain, may be worse than ihe^oilt of the action ; but your lordship and lbs jsiy lae nlainlv, if so be the thoughts of a mm^ mm hesrt m that he is Guilty, it will hnsk iol some way or other. These things I miy mpsst, I leave them to the consideration tfibeju^. Bmwbcn I have said this, there is one thing MSB, sad thai is, above all, reUting to the BipliiB : says BIr. Gibbons, 1 diil not know wk lbs csptsin had copfessed, but I did ven- due to ssy he had ; but the count replied he U not tielieve the captain had coniesscd. Mv loni, you see how the captain ap|iears bjoia you, apd if the count will take upon him kuy, hodoessotbelievethe captain would con - faft; ildulh strongly argue he knew as much of beeapisin'smind as he himself. Then look u^ion fcsitoslute behaviour of the captain, tlic fti- iiiiMniy be hved in with the count, th;it he had ieays been a dependant upon his family, it jbswsaome reason for his amturancc of secrecy ism ihe captain, that he would not ctmtess the «f ibis BDOsi notorious niunlcr, and it upon him. My lord, 1 took upon of this as a very roiracidous thing : fny consider, gentlemen, wlK're shall a ■m ^ to settle his thougiits for the orisrinal tasess ? Do yon (cnr can you) think it was kqpm, inventGd and contrived by ytmder three ■so / To wdiat end or piir|KML*,'or lor what ad- fmstcr to tlicm ? you hav^ heard the evidence te fhof*- reneated to you ; you have heard •iMtbis lofd has said for himself; how he has IsA, sad what hss been done. My lonl, I ■M not use any Aing of argument to persuade ^i<"7 f k«i leswulehme bvi ssy, we know I* 75] STATE TRIALS, 34 Charles IL i68S.— Trta/ of Count Cmdngamark [7JF great confidence in ; he came over with him ; and will not any man belie?c, that this man, who eat of. his bread, who lay in his family, was a likely man to do tliis for his sake, that thus cherished him ? For whose sake, pray, can it be thought to be ? Not fqf his own sake ; for the captain tells yon he never had any communication or conversation with tliis nunapp y gentleman, Mr. Thy im. 80 that if it were as* they would have it, tnat they did it out of respect to this count, who. was tlie captain's friend, it will turn upon the same point, and confirm tlie suspicion. Why should the Po- lander do it, if he had no reason to do it upon his own account P For he never saw the face of Mr. lliynn, but was brought hood- winked, in a manner, to the fact. Therefore whether it were not done for his sake, is that which you are to consider ; and as a proof that for the count it was done, I shall pitch upon one circumstance that will bring it home to his door, and that is, the evidence of Hanson, his brother's tutor : And, by the way, I cannot but repeat it, that tliis thread goes through all the cloth, we have no witnesses but those of his own familiar acquaintance and de- pendance. Now Hanson has (ihough very shufflingly) told you, the count and he had some discourse about my lady O^le; and though we cannot come to know all the circum- stances, yet he docs acknowledge so much, as that there was mention made of requiring satis- faction of Mr. Thynn, or some account of him, and what might be the consequences of the laws of England, in reference to my lady Ogle, in case he should call him to account. 80 far he is plain, though he will not toll what the discourse was ; that there was a discourse of my lady Ogle, of Mr. Thynn, of asking satis- faction of Mr. Thynn, or csdling him to ac- coimt, and what tlie consequences m law might be. And pray, gentlemen, observe, being to take advice about this matter, they would not consult an English lawyer, though I see one behind him now, but a foreigner, the Swedish z^tnX ; not ask the opinion of one man of this kingdom. And then he gives you a mighty reason for it. That tlie Swedish resident knew very well how to advise him in this affiiir, be- cause he had lived in England about 10 years: So that all his ac(|uaiutauce and friends, the manaffers of the business, and those consulted with about it, all outkindishmen ; I cannot say they are aU guilty, but 1 will say this makes our proof more difficult. Gentlemen, Tliis being taken notice of as a mightv circumstance, I would bring it a little more home to this gentleman, whom we accuse as accessary before the fact. Pray consider how all along he lay skulking, and hiding himself in disguise, and shifting his lodging from place to place. I need not repeat it, hut I would desire you to think of what was concurrent with that very day, and, as it were, concomitant with Ihe very murder, and that will appear to be sufficient to satuiy any rational man. We •It not pickiiig up tn endeuce upon flyng words, or unconcluding drcumstaoccs, hot «i ofler facts to you, the facts are to guide yon, you being to compare facts with facts. As to his lurking and' hiding, this gentteman gires you no manner of rational account, that be' nad any business with any man in Engfand that should occasion his lying private ; but snly he tells you, he laboured imder a distonpcr that he would not have discovered ; and yit take him in that very distemper, and in dM process of his cure, as soon as this fact is ow, the next morning he values neither his disssn nor his physic, but goes by water, and made n attempt to fly abroad. Will any understSBd- ing man believe that he came privately into Enfi4and, that he lay skulking here, thai It made use of another name, and other doCho^ that he shoulcf do all these things, and m away so immediately after the fact wm domy and all only because of a little distemper af spots on hishreast ? But then, says he, it was reported in Ihs world, and told liim the next momin|^, that the people, the rabble, would tear him in piocei. He was asked where he had this report, and he. brought up a taylor, and deeded mightily upoii it, but the taylor denied it ; and, gentle' men, he that fails in one thing he says, is not to be credited in another without good prooC . He says, that he said no such thing, so ths^ gentlemen, this fictitious argument of his few rails to the ground. Then ol»erve what follows upon this vil- lainous fact ; he flies away privately, he goes Is a Swedish house at Rotherhith, from tfaenos by a Swede he must be put into a sculler, sad that sculler must be towing of him for ssfcnl days together, till he come to Gravesend, fron whence he was to have gone over sea. PMfl lay all this together, and weigh it well, aud«i if you can imagine any other reason for it all^ tlian what we suledge. 1 I would observe it to you, GhmtlemeD, asA* pray think of it, what the count has said li you in liis own defence in so many Un without proof, must pass for nothing, court has had a g^reat deal of patience to him, and shewn him a great deal of favour ift, permitting it ; but without proof, I s^,itai. passeth for nothing. And what proof he hadi^ made of it, I must submit toyou ; for I w3k not spend your time in running into pavtinH lars : And where he has proved any thiag^ pray compare facts with facts, especially thiUi concerning the captain Vratz, which is not^ii^ my opinion, to be answered ; that he lif<al| with nim, that he should be with him on lh0. Sunday morning, that in the evening he shoak^ come thidier again afler the fact done, that h should be lefl m his chamber, and continue ^ tlic house so long. Will any one heUere, when Vratz came over with tlie count f abroad, lodged with him here, was eveiy with him in familiar conversation, should ^ that morning before, and in the mediately after, and stoy with him so and yet the count be iimoceBt r Nayt STATE TRIALS. 34 Chablks II. 1685.— tfnrf others, for Murder. [7$ with a murderous intent, and a murder followed. And I must declare this ibr law to you, that this is murder in thcui all, if vou believe them- selves ; 80 that I think tlitrc'is little, very Httl* for you to consitler concerning these three men, hnt accordingfto what they have acknoW" ledc^ed of themselves both before the ooundly and here likewise in your own presence, thej seem all to be guilty of this murder. The more doulitful question is concemingf count Coningrsmark, that stands her« befor* you, for he was not at the murder, nor is h% charged as principal ; and the question will b« astoliim, whether he commanded, or gay* any authority or directed to have this murder committed ? ^rhat is the thing that is now charged upon liim, and without tliat, he caoiiot be accessory in this case. Now, gentlemen, you must consider as to that, several things are certain and positive ; Tliat this Polander was once his servant ; that he was brought over from beyond sea by his order ; That he was given by him to captain Vratz ; That Vratz was his great acquaintance, and lay in his lodging some time, though not at this Tcry time. Tliese things are plain : Now what answer is given to this? You hear, he says, the Polander was taken for him, a^u hired as a servant beyond seas, knowing that he had skill in horses ; and the count having remitted money to buy horses, he was willing to have him manac^ tne horses, and to baro his judgment in them, and sent for him three months before for that purpose, and that be came for that purpose ; but knowincp that the occasion for which he was to buy his hoFMS was past over, there bemg Uke to be no war, and therefore there would he occasion for horses, he was willing to part with the IV lander, sls he sa^'S, is usual for persons of qua** lity in hiscountiy to do upon such occasions, to give their ser^^ants to one another; and to^ having cloathed him first, . he gave him to captain Vratz : And you hear how much of this is made good by witnesses, and how fiur this b satisfactory to you as an excuse and reason for this, I leave to you. There is more too that is very plain : it if {^parent that the count bid him come to bis lot^n^ after this murder was committed. Accormngto the calculation of the time, it must be after the murder, for that was about eight o'clock, and he was there about nine. You hear what answer the count gives to that s that he came as formerly he had done, he knowing nothing of this, nor of Mr. Thynn'n murder, and that he did not speak to him ooa- ceming it. The next thing, gentlemen, is, it is fdain the count did lie private when he came to England ; and he tells you (he brings the Doctor to witness it) liis occasion of privacy was, because he had a sickness, which he was loth should lie known, having l)een formcrlv in splendor in Kngland ; but now without his ccjuipage, he would not puhUcly appear ; and he was afraid, if he appeared in company, be in rather absolutely conclude him an ac- rUi the murder? D, gentlemen, take into consideration his and endeavours to escape out of the of justice ; if there were no more, that eat evidence of his guilt, but you have [Dore, and as strong as you can desire or He says he was afraid of the people ; he needed not to fear that, he finds a air and generous treatment here; he he temper of our English nation well I, to know they do not presently fly in ftces ; and he could not but know, he without danger, resign himself up to r if he were innocent. tiemen, we have given you a fair and idence ; we have offered you sufficient ID fiM!t, and have offered no shams to and I do not doubt but you will do right honour of England, and the justice of tko, nhich are deeply concerned in this rben there was a great noise made.] J. /. Look you, gentlemen, the counsel ! king have been very large in the re- ^of the evidence, therefore you must peet from me, tliat 1 should go over it in the same method that tney have I will direct you a Httic as to some inlaw, as to this case : Here is, as they o tnilv, a murder as horrid and barba- ifeffadventiire can be committed upon AfBct. It is a murder of a very bad na- IS that the repeating of it i^ enough to tM men abhor it ; it needs no ai^^^rava- t is in its own nature so very barbarous ; I0SC |[entIeniGn that had a hand in it, osrtunljT needs be ashamed, and look hemaelTes as not fit to be accounted men, er they be that had any hand in it, so ons ami inhuman, ami base in its own na- ■d so imworthy of a man. ■St teH yon, gentlemen, when one man aaolher, and two are with him, tbougb 0 BOChing but come on purpose to coun- e that enl fact, that is murder in them 1 that were present are guilty whenever B net is done : And three or four come cr, and one does the fact, and the others br to countenance it, whether they be islnnif the party off, or to animate nim, il hin mto a condition that he may mur- d kill, it is murder in aD, and they are all ■Dj guilty as he that shot, or acUially r as to tfaefre three persons here, the Po- that shot, Vratz who was with him and Alheeoacb, and Stem that was by ivith dbey do all acknowledge themselves to leak this murder ; the least they say for dica, is, that they came to countenance a ^[ with Mr. Tbjrun, that is the least an^ ■I say ; for ca|itiun Vratz makes this his ^ttat he intended to kill him (as he calls w, andthe others were to stand by to let ilBilhabcstof it; so that tlwy all came 79} STATE TRIALS, 34ChablxsII. \C}M.~Trial of Ctmnt Cmimg should b« inliecd (o dnnk hi^, oiu! ihat would ManI bis cure. 4nd the Doctor tell* you, be WM under his hanila for cure of his disease, trbich wm aomesuots apon faU bodj'. It is phiD too tW count Coningsmark, did go awaj the next marning after he had heani oTthe iBunler, he acknoirledij^eth it biioseir; anif that he did conceal himself upon the water, and wu taken in inch a raanDer ns the wit- nesses speak. But withal, he tells you the occaiioh nF this wu, a stranj!^ here, captaiu Vratz,as he heard, WHS accu:j^ for the murder, andseized.and bedidnotknowwhatthisinii^ht occasion to him ; how the common ]K'0ii1c nrigM fall oiion a stranger that was of tlial tou't aM)BauitaDce ; acid it was throibjh liiii finr of the people (lest they should tiin u|Kin lutn before ne cuuld vindicate hitnstlf ) that he tHtbdrew himself, and concealed Jiimself in this manner. As it was tulU yaa hy tlje couusel h was an nnreasonable fear in hiin, for tlieri' li BO such disorderly |i''uceeiling (we thank Oort) in EnglauU ; b\it he 'ells you he was arfraid of it ; and if be were, being a stra::ger, be mit^t not know nor coiwtitution so well. ~ " t tell you winther tiling lor low. n aifront that had been tfiven to the Goiiiit, and hating received an nfTruiithiiii- ■df, he did, without the count's kiiowledirp, do Ibismarder, fbrreren^, upon Mr.Thynii. n BBS been mid by the cnunsel, it will be all •ne whether it were with the knowledge of cotint Coningsmiirk, or nut. Now, 1 must Ml yon, gclitlC'nicn, the law is not so ; for if a gentleman has an affront giren bim wliieh lie Messeem to resent, if any nf his servants utR- ejoiuly, without icqitainting liiin witli it, out oTtoo much zeal, and too tiirwanl a respect to tkeir (naster's honour, vUl go and pi«t(il and kill him tbattheynpprehend has aflVoiiteil their wavln-, be not kiioiving of it, it will not ohar^- tteir nmster with atiy guilt at all. Tho hw, fmtlenieB, ianot 90Bswu.'«urgcd; tiirifit nvrc ■Mbaottbe count's knowlc-d^rc and direciiun, if a zealous captain has mne and over-sluit kimself, ont of respect to his master's h::ni>iir, wfien really it waH a dishonour lii himself, and ^1 that werr acquainted with it, thiii >o,i:^.^t tie upon him to make count Comugsiniuk Guilty. But it lies npnn me to lUrert you, liir oihi^rwiw YOU mluht sunllnw it aia maxim, to beatlonci'n law,'wliich it is not. Sothut it will return tii this, whether here be- any proof that count Couiii^naik did con- lent t<> thi» murder, nr any ivays (inmtenance the killing; of Mr. Tliynu, <>i' eommnDi) any of Lo<* yitu, gentlpmcu, there arc 'on-e lu ip«^rrh<.« that are inentlonrd lii-rt^ One is, that the bov should s: S' .„. that the eniini a>di«) hiin wbHhif inen miglit jHde in London un Sundays? You hear «1i-it •mrwer ii given t a qucstiDn could not likelf be asked, he says Hcd pnnes, b sons, that it was ati ontinary thii to ride on Sundays in llydc-Pai) business long. It is aljo mid, that when he i should say, that be did berieve the duke ut'Monmouth no huil. said these wonls ho doth o<it bt he says he spoke it iijiou the co that these men had w alched the i saw h.s graceout of it, und then villainy ; so tliat he apprehendoi design to hurt the duke at all. answer be gives ; how satisfo Then ax to those other words ; Tefleeiu|iOL Im family, and sla but hi; presently rccoilerted hitn one brave action iu the u nts, or t eountentcurp, would wa^h it ol what he saj's to tlia! : he looked injury to bis fa:uily, and it »i iitain to bii blood, tltat he shuul uf so base auil unworthy an act ; cusatiun he thought mi^t be wa BO, though be were innocent, looked upon as a slain, which viour ill ibc wars ivuuhl wipe off. Gentlemen, thu<i, as near as given you an aci'iiiinl of the tilings that arc uhjccled against ansiver^ to them. I must lea< whetlier upon the evidence wtii bean), you do believe that tills n rected or coiintvniinci.il hv conni ■fit were, he ib.-n is Guilty an tore, and you mutt fml it ; but li« did not know it till alter tht dono, (hen he jsinui'cenl, and yo him. And u^ion tlw whole, mnstlcareit taiyou. [Then, il bnii^ late, atler a swom to keep the jury, tho Co for a while ; and in an half an h and sent tiirtlie jury, who came u ing tu their namis, gave this veid CI. t^Cr. Gentkmeu, are yov your verdict ? — O^nrt. Vcs. a. .fCr. Who shall say for j (tiuncs. Forcmau. LV. ofCr. Gcoige Boroskv, hold up thv ham]. (n'hi>'h lie upon the iiruumeT: liowsayycnii ot the feloiiv ami murder wlier iadieted, or Not Guilty '! Fmrmmi. Guilty. Cl.oi'Cr. \Vlii.i goods aod c awl tenements F Forc.ii'iii. Nunc to our knowlc' a.pfCr. \\liM^t>ais.\e. I'vi-t.-ua. Nnnr iu <ni, kn<twle Ci.o;'Cr. JuunMem.hnld u] Is he Guilty or, Slc— J'VvNiaa. Cl.ofVr. WhU goods, ta. STATE TRIALS, 34 Charles II. }669..-and otltertjor Murder. aa. NoDCIo nurkiwwIeJ^. CV. ChaHe* Jolin ConiniTKinnrk, liolil uuut, (wliioh lie did.) Hoiv say yi'ii, illy of tlic tclooy wnereof lie staudij ■■ MCWBary before, or wit Giiilly ? an. NotCuilty. Cm. tiod bless the king and tbe ho^ Cr. Tlien beackcu t« your venlict aa 1 balti reconleil it, yon soy that (jeorgt tee. uid lo you My all. tie jiir)- was ilisroisicd, unit the Court ncogioxaxiCK lo be token from the ih Ihree turrtjen, to«])iicar the next and to luuwcr aiiy appeal ifbruuffht ;, ch the judp» went aivay, tnifthc' witli the lord mayor and aldcnntn, pronounce scutencc on the cunvict«d >. KecptT, set CScot^c Burosky tu hold up lliy band, (wliieh he iliil.] idnt couricteil of murder, for killiuy rhyan, nq. what canst thou say tiir ly the Court ihouTd not ghe jadg- ndieetodicaci'nrdinir loluw ? ttrr. He says, lie prays God lo have Cr. Tie bin up. Set Christopher tttr. He uyt he liears be is rwi- <nt b<> wai nerer rightly e r. Set John Stem to thp bar. tier. He ny« he did it fur the rap- , he irent as a second alonif with him. epriioners bring tied nil up by the r, pmcUroalioii wasmail'^forNiJeuee, pronouncing of Ibc ((.'atcncc. ■ordtr. Ynuthe urisoni'm at thcl>ar, iTOfky, f?l)riKtopher V.-nl/, and .f«hn a have Uwn all indiutt'il lor llie sge»t>cinnii ot pfrcat 'piallty, >lr. ' Ifreat, and heinous, and a iTvin;; ■I eric* bIouiI for v<.-iii:fMncc : j-ou bn^uifbt to your trial, au'l liiol in- by "jury not finnistiiiff oiil) of the ii*aF till- party f\rjn, UM iiaupiitiiHhil ent und trn-hiilih'ni uf the county « iiu|iarlial iniNi hnto fiiui-.!! yit d indeeil the |ilaiuius.( of your f'uilt bat you yourfelvw tiutc ackiMM'- indvis (jiiilty. For v. livii yiiti went si, your ^iiill did Kii ^lon: in your you could ifiTe >: < llllh- Rii aco-iuit itd besLowi'il tlr.! tii.n- iibirchi In: red, that ntbetiiM. 4uty to pronounce the • wai bi'CSiitP when thi' eviili-nci: liir Mfinisbeil, he was never a-tkcd uIihI ■y ibr hinisi'lf. wbicliout.'litt'ihavi- Mb UHual inallcasQi, but is noliin- Coort nrerc apiirdieiiiuvc he mi^'bl k Mt Ika CouoL" Ponuur Jiditiwi. : tlie law against you upon this o it is al«o unr uBag<! to oficn tlie nature of tha crime lor which the convicted person is to mif- f'er death, for the conviction of tlie offeiutera t)icinsel*es. Now yourrriuie is one of iho deepest die ; it is the willul slicddiu^ of inao- rcnt blood, to which you could be fod by no- thing but what you fu« charged wiih in the iodictuKiit, the inutioii and sciluelioii of tiw devil. This crime of tuunlcr is put into the hijrhest and (uremost rank. IVhenUodhuu-' self' liad given laws to the world nuder ibe old ad niinisi ration, atbr the command of liouour- ing tiitber Hiid ntoihcr, in the ne\t place he furbido uiunler. This crime yuu have coni' miiied, aud that with the miW aggravutiiig eirciinistnnces lluit i haie ii rr known aileud any crime of this nitluce. Il was ci'nnnitleil upon a gcntletniui of great ((iiality, that was hO far fruQi giiiiig you any pruvocation to it, tbuC yon ackiiowlctlgc yiiursekes you ui:vct bad any connniiniculiun* with him. It was done uiKJiiailuv wIk'ii >ou Might tit liavc exercised andbusifiTynuniclvcH in nets uf giirty auit reli- gions worsliip. It was done in the streets uf ib« rily, near the king's royul pnlac«. But [be ifreatrst cin'tniisiiincenf all, it tits dinng of it ill siicli a iiiaiinLr, that is, it was ihinc by way-laying; a soniifkitling the most unwor- thy, the miRft base, and the must iingeueroiui ufall otlier. ■ Fur tbnt it gi'v-^t the parly os- nnlf-^1 nu liberty fur any prcki'iilion, or niiy itcfeiKV by aii) prnii-'i)>'>: lii- cun iiae ; and ibe conscJiiiciici; III' it i';, a>i iinich as Ill's in tin: ninK'lurlor, t.i ib'^clit^y as will the suni as Ibc iMidi ; by Slid) an iiL«)dioiui inuribr, in take a mail outiifihis lift', bi^ure lie can liavennyop- porlnnity «■ prepare fur anothnr lift'. Tlicre- lun:inoiir [lublie iuib?iini|iravetsin uiireburch it lian very justly uikI wortliily been iitode^ait uf niir liturgy, 'to pmy to lie delivercil trom miinler anil audilen d(>uth. Villi that are Kirangen in Ibis enuntry, if y<in had been triiil an'l cuiiTi<ttr<l«f a brirach of uitr municipal laim, the im'tiiiarlnwHi't'thi* kiiigilum, imirb inibi1<:ciice iiiiglitb<- slifiin t* you bcdiunc' of your hlllc aii|UBiniBni-e with (he law, Bnt that is not juiir nifu-. \inn olleoce is a truw^wiifui against the hwofUod, writ- ten in large ciiaracltrs in the nature of man. It is against the laws of all nations, even your uw:i country from ubinicc youcnint;, anil any oilier country wlKTcver you oiubl go, aru scvprc in their laws ag.iinst Ih&t by wbicli v bavr brokvn ttie law in no tiiul a foct. very barbariuns could ray, Tliis ni ' the :id ■! .Vill II itll tliiiik thediviDo <o tiMt the; venifeaiiee conceriifd t'l tcveiii;<' il. Yiiu hiivu slain ibiM iiinueeut genlkman, » liicb if but a niigli' ili»trinpiT as il ciiucitdS liini, luit if il should go unimniiibHl, K wuulii uini to a (MiitiJcntiul icKilngiiin. II' such aHkW- siiialiiins ami iniiiilcrs uf |ieiNuni slimilil ii'.t In: Nereretv punihiiwl, it wore a grealir hih: tliaii ever was bniughlupMi this kiagdum. TIk^c- Ibre It is thought lit by lus majesty, lu mak« 8d] S'FATfi TRIALS, S4 Crarl&s II. 1 6Bl.^Trial of Omni Caningnutrk [84 bis justice sicfiial and exemplary upon thofie that have thus basely and iniiumanly brou(rhl themselves under tlie censure of it. That u hen the fame of this barbarous action shall gpo abroad, liis justice shall also be colebratotl upon the actors, and that this kingdom is maintaiucd by justice. * I have but one thingr more to say to you, and that is in teiidcnicss to you yourselves. You are to consider that you' ore to n»ceive another judipnent than that you ^^ill be con- demned by here, and tiiat you may be pre- pared for that is your gicat and vour only care. Now it is repentance that is the only antidote a|3^inst tlie sting of death. You can- not be found innocent, Yourselves acknowledg^e your guilt ; then let it be your care to he found penitent. For tliat purpose you shall have the assistance of some oif our learned divines here, and you will do well to hearken to their good cimnsels. I pray God you may submit to jus- tice patiently, and that your contrition may be corres|M>nilent to your crime, and so you may obtain pardtm and everlasting favour from Goil. It remains only that we pass the sentence of the law against you, which is this : ** That you .sfiall go irom hence to the place from whence you came, from thenco to the place of execution, where you shall be several- ly hanged by the neck until yon be dead : And llie Lui-d have mercy upon yoinr soids." Then the prisoners were carried away, and the coiut adjourned. On the 10th of March following they wen all tliree executed, according to the Senfenoe, in rallmall, in the same place wliere they had committed the murder. Steni and Bmiky Icil each of tliem a paper signed with tharomi hands. Capt. Vi-atz would make no Confeaiao, but persisted in denying what the otlien had owned; never man aied with more resolutioD, and less signs of fear or disorder ; liia carriage in the cart both us he was led along, and it the place of execution, was astonisning; be was not only undaunted, but looked cheerful, and smiled oi'ten : When the rope was piu about his neek he did not change colour, nor tremble, his legs were firm under him; b« looked often about on those who stood in bal- conies, or at the windows, and seemed to ill his eyes on some particular persons ; three or four times he smiled ; he would not cover hit face as the rest did, but continuetl in an mi- daunted manner, looking up to heaven with a cheerfulness in his countenance, and a little motion of his hands. Being asked, if he bad any thing to say to tlie i^eople, he said no. Wiien they had stood about a quarter of m hour under the gibbet, atVer they had been tied up, they were asked, when they would gira the signal for being turned off; they ansneni they were ready ; so a little while after At cart was driven away ; and thus they esdod tlicir lives. Captain Vratz was pcrmittid ts be buried, hot Stem and Borosky were hang!ii in chains. The Last Confession, Prayers, and Meditations of Lieutenant John Stkrn, delivered by him on the Cart immediately before his Execution, to Dr. liurnet. Together with the Last Confessioa of Gkorge Ijorosky, signed by him in the Prison, and sealed up in the Lieutenant's Packet. Mith which an Account ii given of their Deportment both in the Prison and at the plaCi of their Execution, which was in Pali-Mall, on the 10th <rf March, in the same place in which they had murdered Thomas Thynn, esq, the 12tn of February before, 1682. Written by Gilbert 13uniet, D. D. and Anthony Honieck, D. D. An AffOUNT of the Dqwrtmcnt of Captain Vratz, Lieutenant Stern, and George BoRoskY, the ?J':rJcrers if T/io. Thynn, t'sq. hoth in the Prison^ and at their ixc- cution, f OUR daj's after the hariiaroiis ninrdcr of 3lr. Thvnu, which filled all people's minds \>ith a Just horror at so vile and inhuman a fact, I "Was dcsiroil to «»o and visit tlie prisoners. I carried Dr. lioineck wlh roo, because I heard that Ik>r(»sky the Potonian simkc no oilier lanf^un^* hut Polish and Hicrli Dutch. We waited on the captain, but he was unwiilinjof \^ enter into much discourse with ns ; and ad- kvnA to what he bad confestod before thu counciJ, that he oidy intended to fig^t Mr. Thynn, and that the Polonian had tt liis onlors when he shot him. The lieu said at lirst nothing, but that he was in ill* companjr of those that committed the IMt witliout intention to murder any; and iffe that he should be condemned to die, then nMr he, < Fiat voluntas tua,' Thy will be diNW The Polonian was free and inpfcnuooa in Ui contession, and expressed <^at sorrow ftr. what he had done. Bnt witliin a few daji E] nent a^^ain and found the lieutenant WQHtflr^ Adiy touched. He told lue that tlie morafen^ aitt-r he was first taken, he awakened fiill«« horror for what he had done, and the ifW tiling that came in his nund was the 0th §3] STATE TRIA13* 34 Chad LBS 11. \G^i.^^nd Qtkerajar Muritr. [86 of Pi. xxxii. ** Be ye not as Uic horbo and the BBOle which have uo noderstaudin^, whose mouth must be held in with bit and bildle.*' This be applied to the irons in wliicli he \>-as, ud then he^^an to reflect what u beast he had lMeii» and that it was fit he should be shut up in a prison, and fettered as ho thuu u;is ; upon that ne looked fiack with horror on ^vhat he had done, and began to cry carui>:itr} lo God ibrmercy. He continued some days in doubt whetlier be oi^ht to confess or not, and was in that anxietv when I saw him first, which niadt^ him ay notiiing at that time ; hut he saul al\er- wards he found such inward compunction in his mind, that he wished to du^ ; he i^'cvv wewry of life, and hated himsclt so mucli tliat he was gbd to do every thing that was lawful, vhinh mi^it be a means to brin^r hiui to be a Buhlic example, and to suffer in this world for ■ii sia. Upon that he made his confession to the justices of peace, and ibund himself BMch at ease wlicn tliat v.as do'ie. He turned bimsclf after that wholly to God, and fountl tkat tlien he was entirely out of the snares tif Siten, aud the hold which Uie Devil had of Un. AH the rest of the time of his impris<in- ■ent. except a few hours of sleep towards the ■4fnins(s, he spent in reading the Bible, and nme other good books, particularly Dilhereu's Way to Happiness, in High Dutch, which he vamed highly, and Thomas a Kempis^s book ^ the Imitation of Christ, and some other Wub of del otion. He thought it was also fit fer hia to leave in writing a warning behind im to others to learn by his example. He vu not bred to letters, and so he said he knew vhat he sliould write, would appear simple to ihoK that delighted in learning, or polite lan- nifre ; but be said he would write from his inrt, and prayed God it mig^t have a good 4kI on othm. He had travelled up and ifmn Earope 23 years, being then in tlie 42nd mrofhis ase, and he h^ observed man^ WBga though he bad no literature ; so he said k would leavo an exhortation to all sorts of yiople with whom he had conversed, and touch ihiM ana which he himself had known many tf them guilty of; and be said that if his writ- X should become public in Germany, or in T places where be had been, be was con- ethat many might read it, 'who would lor what reason lie had WTit many pas- io it, and might |ierhaps be moved to re- on those sins of which they knew theni- gnil^, and would understand his mcan- ■Ig batter liian any otiiers could. "When he km writ it, he gave it to me four davs before lb axecntion : lie had dashed and changed it k maav pasnges, wluch he said he writ at Kwhen there was yet too much of the spirit e wocid in him, but he had reviewed it, IBd had corrected it in the best manner he RHe said he had never writ so much in hole life, and so he did not doubt, but would appear mtt weakness in some "'' bul he hM writ ilia the iimplicity of bis hoart. To tliis he added a short account of bis life, and a confession of the crime tor which be was to sufler. He oi\en u ished that from hira, all that stood might take heed lest they fell, for once he thouf:rl]t himself as little capable of committing ^stu'll a crime, which should bring hi in to such an end, as auy man was. He was the son by the It?l% hand of a baron of Sweden, who uas made a count before he dii;d ; hut he did not carry his name, because he was not legitimate 3 and he wouhl not liave his fatlier's name to 1k5 publisheil, because he M'as now such a reproach to it : He applied himself to tlie \\ar, hut in all these 'J3 ytars in which he had been travelling up aud down tlie worhi, he had led a much morc inuoceiit life thiui mii;hl be irnesscd from such a conclusion of it. He had e:ir!y a sense of the fear of God btf<»rci he canm abroad into the world, which never Ictl him quite till a few days before this faia ; l)uL i^'as niwavs such a cnr!> on him, that he never fill into those sins tliat are too couuuon autong thos<* thai follow the war. He wu» so little guilly of plunder or oppression in bis quartei-s, that he said he was sure less tlum 20 crowns wouhl pay all that had been ever taken by him. He was never guilty of any act eiilier of cruelty or treachery, of rapes or blasphemies, was never false at nlay, bad not the custom of swearing, nor did he fail daily to pray to God. He had always a compassionate nature : He ^vas not a little lit\ed up with the courage that he had shewe<l on many occasions, and had l)cen very sensible of all those things w hich arc called jioints of honour : he was Tor many years a Papist, when he served in Flanders, but he said he was never perfectly satisfied in his own mind with that religion, and detested the idolatry that he saw in it. But he was much corrupted with that principle which is too common in the world, that it a man was honest, and good, he might be saved in any religion : and that it was fit to be of the religion of the country ^>herc ona live<l : Yet he said he could never look on i>o- pery but as a contrivance of priests for i;overn- ing the world. About a year ago he clmng'ed his religion and returned to Ije of the Aushurg Confession. Last summer he came to Eng- land, lieing then out of emp1t>yment, and in- tended to have got into the Guanls ; he grew ac^quainted with (or found) captain A^ats here, for I do not rcmcmbi'r ^ell i^hether he knew him, first hi;re or not. For the particulars of his confession I refer the render to his ovm pa))er, only one passaga which he has not men!ionc<l will shew eleam' the temper of his mind, when he writ it : lu* told me that after the captain aud he had talked of sundry poi«xn»rd» for ^i^ing Mr. Thynn the fatal stixike, the captain sjvake t(» him one day ofamusquetonn, and told him they wore now rcsoKed to do it by that : he answereil, that ht thought that was Iry no nieaas a propiT instru- ment for it, since it would be set'u in a roan's hand bf'fore it could be dLscliargcd, and Sii tliej might be catched before the business shoufil 877 STATE TRIALS, 34 Charles II. 1 6^^.— Trial of Count Coningtmark [88 without the spur, wns quick enough. He was n:it after that aftectrd with it, bat spent that iii^'-ht ahiidst as ili as he had done theffliy ; nor was he n-oovercd of tliat stupidity till ue iiL-cond «!av of his imprisonment Ji .««.iiJhe would have writ nothing oon« rcni.ii:^ th-^ fart, ij' his whole confession had l:ieen nnid at his trial ; but that not binn^ dooe, Uo thought it fit ffir him to leave it behind him ti) thci world, liiil the whole truth of that mat- ter iiiiirht appear : hut he pn>fesse<l ot)en, that he did it not out of aiivr<-si>ntnient to any per- son ^» hat:^or>ver ; nii J t)ioii«rli he looked on the captain as thr> fatal instruuu'nt that had drawn hi.i) iiito this sin, auii this misery tlmt ibllov- ed it, yet he <rc:iscd not every day to pray for him : wiirn si^nti'isce was pmnounrcd, the cap- tain rrproachid him. and called him with some :>roni -a murderer: lie said, that touched hin very sensibly to sjt hiin that was the cause of his ruin insult nvcT him ; Yet he ot)en asked news of him, whether he was touched with a sense of his sin or not ? and when he under- stood that he rontitiue<l still to deny all, bat only an intention to tiq^ht with Mr. Yhynn, be desired that he mi<;lit l>e suffered to go to bim and s|K.ak with him ; fur he said, though others mitfht speak much br^tter, yet he hoped he mi<jcht say somewhat that wouhl lie more ef- feiiual : 'So on Wrdnesilay tht? Rth of March, hr was carrie<l to him ; l' wameil him before hand, that the captain would iK.M'haps use bim rouf^hly, for he was often upbraiding him for his in^^-atitude, and for havinnr accused him laj.'iely : ISiit lie ansMcrcM ine. that he went tn sec if he cMiihl be n im aiis to <io him any good, and not t(» (ii^piitc a iijatter of fact with him, which h«» knew in his conscience was true: and il' he saw tlierr was no appearance of f loll tiv any g^HMJ to him, he would soon leave hii:i. Ill his way to him he was to |[ro up somt suiirs and pass tlM-onj^h tln' chapel, and then to L'o down ; so he tolil me he was eoing np to the house of Cio'l, hut he should g«» higher within two duvs, t<i a house not made with hands. Dr. llorneck was then with the cap- tain, and prepaietl him for his coming. There w as no other witness of what passed between them in that short interview hut he only. He toll] me afterwards, that the lieutenant siiake to the captain ivith (rrcnl huiniliiv, he told nim, he hei:i'!ily foi'u'n^c him all the injury he had doni him, ijy dm^vinir him into this' bnsinesa, he knew he liaii si:id nothing but tlie truth, he exhorted him lo repcKl, that so he mi^ht find meny at (i'Hps haixls. Bui the captain fell in soiiii' passion. :ind -;.id, he li'il, and gave him oilter repntaehi'ul words ; ii[K)n which he left hi:ii. \> hen he came hack to his chamber, l:eto!d him how sorry he was to seethe cap- tain in such a eontljtion ; but he said, though at another time he coulil not have cndur«f I such rcpi-oaches fnnii the <;reatest man in the world, yet hefeltnoii^seutment in his mind at what he had said to himself, and added, that by bear- in*^ this in such a manner, he hoped lie hod got two steps higher in his way to Heareo. ]>e done, therefore he thought a pistol was muchhrtter: hut the captain answered. That the count's cymncil were of another mind ; and when tiK lieutenant asked who they were, he named tiirce ontlnndish men. Hut three or fiHirdays after tlit:t h* told me, That though that passat^e was \erv iriU'. y«t he did not know but tlie captiiin mijjlu only name those persons to amuse him, aiid he djir not Mieve it was true of one of th*; thn^e; and if it w:w? n^l true of him, then there was rea^n to doubt if what he said of the other two >vas true: and then'rore since it iiiiirht have lj<?en s:iid only to deceive him, atj;! since his namui<^ ihem uouid cast a sluru'Min iheni, h'> thought he ou'^ht to be so tender of their n'|»utation as not to pub- lish their names. This will shew both the strietnos of bis consciencr-, and the soundness of his judo;mMit : :nid thnt he would not .sny a thiiijr ihosiijh it ^v;!s tr;;e, in so far as he said it, unless }w had believed it wa.s true in itsic?lf. lie told jiu- that dtv some weeks before the fact was doiw, hi> fell under a darkness and slr.jjor in hi", miiul, uhichhe could compare to iMj'hiiiL,'" hul tln' sense a man has when he is li:iir-'>lee|» : il< coiitiiiiirri to say his prayers, hiii *' was iHdy as a <'hild repeats a lesson by rote, ftir he liad 'lo sensr; of fjod all tluit while ; an'! hr. i;im".t:il murli that he had not ivad nnv tl'M.Gf Ml t'i:jt Iiook of Dilherens, written much lili" our Practice of Piety, ^vhich he had Ciiii-ied abom will; him two or three yeai-s. lie was so liit'.e alile to Judije of thinsfs aritfht, thai be thoujij^lit hewoubl be free of the crime, if he dj*! it. not with his o\»n hand ; and lH*causc he abliornMl tin* a.'Iiiu" il hinisell', he fan;-! mI he woubl not b.. jiuilly, if he only vw-ni in tii<r eniupaiiy of thos*^ that were to do it. "^Mieii the fatal day came in which it was doiK', he siiil, tboiijr'h be v/us ni»t drimli', vel he wis like one drnnL:, for he a^.is :dmosl stupid : it was en a IjOi-.'.V-il.iy, nlueh he had iiiucb am' ofieii propbane.-t, arid on tliat flay in part'culur, he hn<l n:>1 v .vslijpped (;o(i iifitber in public or privaio. The caplai;! (i.-iiid lii;n X:t :;o wi:h him }»n«l fii;"li< \uth 3lf. 'Miynn. (I tbinV il v«-:is IK .u* six oVIock a; iii:.*;;r. but am iioi. snp' as to til'* hour), lie eov.l. v.e«' lie l»e- li(vt I i( \v.:s <'.»<;;iiiul to ;wi \\ !; at followed, for II! sp'.\ lUr nrwiMicienii in the he.nd of the l^ola'i.b ;•. ;«::•] ' •• r« in.-mbtretl well the u*;»* \vr whicli it '.'" . Ij'i*: ■•lit. but be still rco'.ved that be womM f:i- iio'Ijin;:,*, U\i\ litflii, if there should Im' occasion i'^iv |^ He ii:)d di liLTiitcfl iiiuf!h in horses, Uiul bad a iLT.'ut opnilffv »b:'i !bt;re wan si»n*e siip,:.-.'itv in tlr* m ; «»o liie dui".e»is of his InuNt' in tidiouihir >!r. 'J'hynn's iij:;nof ;;'! aloiiif I'all mail inarle siim«> in.piis.ioi'.s en him: i«>r tboti-'h he um .1 the Sinir pretty sni uilv. ^ « t ii!'Cf»u1diio' tft't liis.i i.'ir«i||o\\clo»»e. Tint :iMi! a di .ordir in Ids nun mind made that he uas :.i>iv.)st t\U'nt> |tae(s bfliind \\heii the t're v as :ri%in, Mhieli ithci that deplorable cfFecl on that untoitunat<' gentleman He to|i| me even tluitdid nei awaken him, but bis .stupor conumicfl so, that some little time past iM'ton^ he uifereil to fly uwny ; and tJicn his horse STATE TRIALS, 34 Charlbs IT. l682.— and others, for Murder. [90 n T irnlied that it was a ^ood sigfn, that he learned to be like bis MJavLour, who when ras reviled, reviled not a^^ain : he said, Sach a miserable criuiinafas I am, must Mr ID any thing' compa^etl to ray blessed wmer. He desired that the Polouian raij^ht iffered to stay all the day lon^ in his cham- Rir he Ibund be hail a mind well disp<ised, iras is^orant. 80 he took great pains to vet him : They were together the last it of their life, in which as the one slept the r watched and nra^e<l ; for the lieutenant to me he thought it was not fit that both lid be togetlier asleep that night; but that iiclit long either the one or the other of them lid be coiisiantly calliii;^ upon God. He "essed m>t the least ckVire of living any er : ' He nercr once asked me if I tlu>uglit Hon nii«;^ht be obtained : On the conti'ary aid, he deserved to die, and desircl it as ;h as be had deserved it. He only wished if it oould be obtained, his head might be off; but he easily acquiesced, when I toki that m-as not to be expccte<l. He often nd God for bringinj^ him to a prison, and be bad not made his escape toihaFe led a ked Ule any longer. After he had been er great horror for almost a week, he found It quiet come instead of it, chiedy afler he difbiirtbened hia conscience by a sincere InMon ; at last it grew upon nimto a joy rftd, and at tlie approaches of death, fheniirfat before he suffered, he told me he I taaguishing through desire to die ; he was r ioRllied in his assnrance of God*s goocl- itaUm, thnt he was longing to be with ; be* considered that night an the eve of wedifing, anil therefore it wnuM seem tecli- to bim. A little while af>er, he said, Id- raw is the last liattle 1 shall light, my ene- ihall eain the camp, the tent, I dwell in, I shafi by the grace of God win the day. when he spoke of that at another time, wkednpto God, and said, 1 go to fiirht I thy weapons, and thy armour, and when »e overcome I will come and ofler them •-tbee. He had that day roceive<l tlit? sa- Bfut withK^eatdcvotion, and said. Now 1 ^ got my pass- port, and I long to he gone, ivas much rpj'Nced to hear that night that aplain wan io a better temper than he had I m formerly ; for the minister of the bnnifoonleMion in London, tokl him in my iaip that the captain had confessed that he dimvn them into this snare, ami had en- fid tfiem in this murder. The captain also a kind nM*ssage to him, and cave ordcMrs ^. thing that concerned Iiis burial ; I which he sent a return to him full of <rreat iaan This made him change a n'ftolutitm Mee had, of sneaking somewhat concern- fkt nunler at (lis executi«)n. lie s;ud there Mlbini^ material in his last confi.ssion thut 'Ml in his first, taken by the justices of 9P, an there was no need of making any V puWie dedaratwn ; ami he thought if hu ■ijAiDg thai Blight reflect on the cap- tain, it would perha|>s put him in some disorder^ and he would not venture the beiug discom- posed in the last moment of his life ; therefore he resolved to seal up all, and give it to roe at the place oi' execution. He had shewed it four days betorc to one Mr. Essart, a German, of Co vent garden, and had oitlered me to let hiui copy it. lie had likewise shewed it to Dr. Honieck, and it Was almost all copied out be- fore he died. In this temper I left him at night, but found him much better on the morning of his execu- tion. He had slept tliree hours, and was then well in his heart and health, for the night be- fore he was very faint. He told me now he was full of joy, he was going to exchange a prison for a palace ; A prison that has been to me bet- ter than any palace, for here Got) has toucb^l me, he has drawn me, he has quickened me ; and now, O God, 1 come to tliee, to live with thee for ever. He broke' often out in great transports of joy, he said this tliat folk>ws so often both in French ami Dutch, that I eouid not but remember it well : O my God, my good God, my infinitely gootl God, now do 1 love thee ! 1 bless tliee, 1 will bless thee as long as I live, yea, lionl, I shall sing of thy praises for ever : for tliou hast blessed me wonderfully : thou hast put many good inclinations in me : thou hast often touched my hcail with the mo- tions of thy holy spirit : but above all thy bless- ings, for this I will bless tliee, that when 1 had forsaken thee, and was at tlic gates of hell, that th<»u hast brought me from thence, and hast now bnHiglit luti even tf> the gates oi heaven. Olientliem, O Lord, and I will enter in, and firaise thy name for ever. I Idcss thi^ that thou lia.st chastised me with thy rod, but thy rod is a ro4l of mei*cy ; and now thou hast done so much for me, O give me a greater sense of thy love, that I may praise thee with my whole soul, and from the very bottom of my heart. This herepeate«l often in such a manner that he seemed as one ravished for joy. He wept, hut ho told me these were mvt tears of sorrow, but flowed from the abimdnnce of his joy. lie and llie I'oloniansung the 51st FSalm u) High Dutch, thi'ee several times; and I ^w him pnrtiftidnrly toiiclicil, when he sung those wortls, '* Deliver me fi-om blood guillint*ss, O GcmI, thou (jofi of my Sanation.-' He Hfient the rest of the time in prayers and ejaculations. A gentleman came in and asked h(»w be did ? he answered him. He thanketl Go<l. well, his friend had sent to call him to come to dine witli him, and he was i-eady to go. And wlien it was told him he Has now tn tight his last liattle, he answcretl, The iialtio was already fought, theiv was hut one sliiM-k U'hind, and he wus sure he should overcuiiie. I J is heart was so full of the JM'UM* f»f the goodness of Ciod, that he could now cMHiiplainof nothing, or de- sire nothing but that he might l>e able to re- joice more |>crfectly in G(mI and to praise him more. He longed much for the officers that j should carry him away, and looked with grett 91] STATE TIUALS, ^4 Charlbs IL i6S2.^Trial of Coimt Comngsmmrk cheerfuiness at me when he saw them come to lead him out. When hia irons were taken off, he told me, some of hkieltere were talvn trom lum, but he had others yet about him that should be likewise taken on very speedily, but I haTO ctiains upon my soul which shaU draw me up to heaven. H e told me that he intended to make a bhortexli4>rtalif«u in the cart, chiefly to have warned tlie pf-ople not to cast off the s&nse of God, and jmrlicularly that as they did tlieir own biisiiicss all tlie week, that iJicv would do GodV work on the Lord's-day : ami learn fixim bim wliat the ill effects of profaning tliat day were. He >ras likewise to have exhorted them not to think there was any wickedness so great, but if they did cast off God, and were (breaken of iiim they mi<rht tall into it. He had been once in a a^d way, but hail left it, and tii«iy saw the effects of that ; yet God hati mercifully brought him back to it, and thenforc he in- tended to pray tliem tn fear God, and keep his commandments, and it woiiiti l)e well with tnem. This was the substance uf that which he bad purposed to say ; but when ho cuuie to the Ebco, the noise was so great thci-e, tliat he said ew-ould £.pcak nothing, but letl.it tome to publish what I knew he hail intemled to say ; and so be continued in his detotiuns, reading ■ome prayers and hymns out of Dilhcren's Book; and in several passa^^cs as he read them, I perceived great joy in his looks; he told me his mind continued firm and settled ui his joy ia Go<l ; and so he went on a while reading, at la&t he threw hid book to me, and wbhed me to give it to some gooil soul. He said a fv iv wonls to the captain in High Dutch, which 1 did not quite undersland, but by his manner I judfifed it vi as a declaring that hJ for- gave him, and died in charity with him, to nhich the captain made a short answer that seemed to me a return of his kindness. But the croud was such tliat the German minister could not pos- sibly come to the place, so this was lost. And tills. is all tlio accoimt 1 can give of lieutenant Stern; it L(i tlie substance of many and kmg conversations I had with him ; Frcncn was the language in which we discoursed, and be expresseil himself very Mell in it. L cannot give so long an account of Borosky tlie Pulander, for all my discourse with him was by an interpreter, and the lieutenant did for moat part interpret betweeti us. I found that the course of Ids lite hail boon very honest and innocent; and that before he committed this barbarous act, he hud not been guilty of any enonnous crime in his whole life: and that |>articularly the last year of it, he had a greater scuKc of the fear uf God tlian formerly, so that he liad rcibrmed bis life to such a degree, that he had not been guilty of one act either of druidsenuess or uncleanncHs, of swearing or Jying, and that he had constantly prayed to God. He said. That when count Cnnings- mark made that proposition to bim, whidi lie tokl roe much more largely than 1 find it in in Us coufewiun, he was troublad at it, and went iBto another TOon And kaeelid dom MidMid the Lord's Prayer ; but ooncluded that t his mind was not fortified against it, that ' had appointed that he shouM do it. He in his country they were bred up in tud opinion of their duty to their masters, ai their obligation to maintain their houoor, he believing the relation 4he count made ^ English gentleman (for Mr. Thynn was named to him) having intended to murder I and hanng set six assassinates on him, thai himself in some sort absolved, if heshoold vengc such an attempt. He was also deli by what the cuptaiu told him, that if I ha|ipeu6d to be taken, he only and noi Polauder would suffer for it ; so tliat he easily wrought on to do it. He was not a§ to by the count till one o'clock on Sunday, whether in the morniug or ailemoon I do know, and it was acted that same eveoiBi that he «vas never alop.e, nor had he any c^ tunity of recollecting himself, but was hm into It blindly. He told me one passage that befel him t his imprisonment, which lie firmly believed real, and not the effect of a disturbed iancy : said, being shut up in his chamber a d« two at\er his imprisonment, he thougrht ii night being fully awake, that one opened door, which he fancied was his keeper oon to him ; but when he looked at it, it w woman who had appeared sometimes to before m German v, upon some extraordinary caaions ; she looked on him, but spdce not to him ; and vanished. He verily behered was sent from God to him, to touch his hi and whetlicr it was real or only imagine had certainly a \cry good effect on liim : from that time ho »as wondertully change He said he continued about four days : hell, by the i-ack that he felt in his conscic but alter that he came to have great ouiel assurance of God's mercy. He hiaa no of death, but every time I asked him com ing it, he said he was ready for it, and In for it more than ever he did for any thing ii life: he assured me he had from bia 1 forgiven botli tlie count and the captaioi that he prayed earnestly for them. The lieutenant ^len told me, That be an excellent soul, and that tliouffh lie hm much knowledge, yet he himself Icamed a from him ; for he nad the siinpiictty of a child in bim ; and a love to God, and ti Saviour that fiasKcd ail knowledge: so tha spent alniotit his wliole time in praying praising God: he went oat of thcchai when he was called on by the oflicera ti execution, with great cheerfulness ; and b looks and carriage in the cart expressed a | sense of his cnaditiou : He seemed to ban sort of fear in him, nor did be in tha change colour, or was heat all terrified. In the last place, I must say somewkl captain \ rat/., which 1 do unwilling^, cause some paaMges are not such as 1 om fleet on with auT great aatisfactimi. It ia taia that never iqaa 4M with BMNiat rsMh VTATE TRIALS, S4 Chahlbs H. i689.— «fiif others, for Murder. [pi K sbfns of fear, or the least disonler. , ■niage in the cart both as be was led woA at the place of execution fvas •Mnf , be was not only undaunted, but j dMTfnl, and smiled oiVen : When the ras put about liis neck, he did not chance nor tremble, his legs were firm under he looked often about on those that D b^coaies and windows, and seemed to \ eytM on some penons ; three or four be smiM ; he would not cover his face raBtdid,but continued in that state, often 1^ up to Heaven, with a cheerfulness in BUtenance ; and a little motion of bis I saw him sereral times in the prison ; I Blood to tlie confession he made to the Itill the last day of his life: He often » ise he would nerer say any thing bnt lehad said at first en I was with him on Sundaj before his he still denied all that the lieutenant and iloiiian had said, and spake severely of chiefly of the lieutenant, as if he liad •ed tfame things which he then called I hopes of saving his own life by it, or in 9 him that he miffht not be pardoned : I I oouM aav could not change his mfaid t I toU Aim it was in vain for him to of a pardon, for I assured him if any ins un with the hopes of it, they deceived He nad two opinions that were as I bt hurtful to him; the one was. That it iMgli if he confessed bis sin to God, and » was not boimd to make any other con • ■ ; and he thought it was a niece of no- him to confess. He nad anotner also of the next state : he thought were only excluded from the pro- of Gud, and »ndured no other misery, il of seeing' others liapi>icr than tliera- : and was unwilling to let me enter into dBCcmrse with him for undeceiving him : td it was his own affair, and he desured to . to himself; but br snake mth great as« » of ^lod^s mercy to him. ft him when 1 saw that nothing I conld id any good effect on him, and resolved « gone no more to him ; but when I un- od bjr the Cverman minister, and by the BO wnich I heard debvered in his name lieutenant and the Polander, the nidit ! hfis exeeotion, tfiat he was in another r than when 1 saw Iiim last, I went to he received me marc kindly than for- ' : most of bia discoumv was concerning rhig to the place of execution, desiring I mi^ht be in a conch and not in a cart : Iwii I prayed him to tliink of that which ned him more, he spake with irreat us- ee tlufct it was already done, that he knew hud forgiven him ; ami when 1 wislH^d a flee tint he might not deceive himself, btl his ho|)e miclit not be ill-gmimdnl, id it was n<jt hope but certainty, for he Itoe Ood was rcconrilcil to hini through I. Whi-n I spake ti> him of cnnfe^sin^j^ ». h^ wid ht nad writtf^o it, an«l it would be published to all Kurope, bnt he did not sqy a word concerning il to me ; so 1 left him, and saw him no more till 1 met him at the plat^e of exoaition : When he suw me, he smiled on me, and w her. ::s I had sometimes warned him of tlK> (!;i:\';cr ul' aHbeling tu be a counterfeit ^v"f (f^*tJ^ brave) he snid to me before I spake to him, That I should sec it was not a false braver}', but that he was fearless to tho last. I wished him to consider well upon what he grounded his confidence: he said, he was sure he was now to be received into Heaven ; and that his sins were forgiven him. 1 asked him if he hod any thing to say to the people, he said no. After he hafl whispered a short word to a ^ntlcman, he was tiilling the ropo should l)c tied to the gibbet: He called for the German minister, but the croud was such that it was not possible for him to come near. 8o he desircfl me to^ray with him in French, but 1 told him I could not venture to pray in that language, but since he iind«'r6tood Ivnn^sh, I would pray in English. I ob^scned he had some touches in his mind, when I offered u|» that petition, that for the sake of the bkiod of Christ, the innocent bkioil shed iu that pbicO might bo forgiven ; and that the cry of the one for mercy might prevail over tlie cry of tho other fur justice : at these words he looked up to Heaven with the greatest sense that I had at any time observed in him. After I prayed, be said notliiiip^, but that he was now going to be happy with God, so i left him. lie continueil in Ins undaunted manner, look- ing up often to ilea\c>n, and sometimes roimd about him to the sjiectafors: atiur they had stood about a quarter of an hour under tlie gib« bet, they were asked when they would give the signal for tlirir l>eing turned off, they an- swercM tliat they were readv, and that the cart might be driven away wfieu it pleased tho slieriff to order it ; so a littlo while after il was driven away, and thus tlioy all ended their lives. It U possible that conversing in French, as we did, some small mistakes mi^t have l»em made, either by them in expressing themselves, or by me iu not understanding them right : btit 1 am sure they could not be material; for I took ciiro to make them repeat what they said tluit was of any importaneo often, an<l in different words ; ko that any er- rors that may have been committed are inoon* siderable. ii. BoitNcr. ilfarcA 11, tG82. Dr, Hobmeck's Account of ahat himscff' ok^ served in the carriage of the late Pri* soncrs. Tm Lieutenant and Polonian, the authors of the following papers, having acquainted me with tlicir intent to have them pubtisliptl to the world, to lo%itity the sincerity of thnr repent- ance : I was vi'fv willing, at the desire of Dr. Buniet, with whom they intrusted them, to be instrumental iu the translation, and to take this opportunity to give my sculiueot of tfao 95] STATE TRIALS, 34 Charles II. l652.— Trta/ of Count Canmg$matk [96 be^iaviour of the respective prisoners. The Srst time the doctor and uivself went to visit iciij, we saw no sense of the crime in any of them, but the Polonian, wlio professed liis sor- row, and gave nie a lart^e account of his con- dition, and how he came to be drawn into the barbarous murder, by the captain : adding, that wliatever tbe captain nii^iit say in liis own vindication, that it was tlirou^ Ills scr\'ants mistake that the fact was done ; if he had a thousand lives, he would venture them all for this truth, that the I'aptxiin did uereniptorily hid him lire upon the coach, and kill tbe gen- tleman tliat was in it. And that he wa^ so far from mistaking his comiiiaud, that after rea- soning with him about the barbaroiisiiess of the deed, the captain bid him not trouble himself about that, but do what he was commanded. Tbe lieutenant, when J told him that accordiuqf to our laws, men present at a murder com- mitted were liable to the same i>enalty with the actors: Replied, if that I)e your law, ] have nothing to say against it. And at that time he seemed to have no great remorse, which made us leave him ai\er some exhortations to re- pentance, and considei-ation of his ways. The captain at the same time, hard as flint, entertained us with a discourse of his resolu- tions to believe himself innocent, to defy death, and to fanr:y that if bis judges wonhf be im- |iartial, they could not blame or condemn him. t90 we left him. The second visit I made them, >«as in a few days ai>er, when tbe lieutenant w.'ntfornie: and being then to |»ass by the captain's chanibcr, 1 thought fit to call* upon him, before I saw the other, and here repeat- ing my fornu'r counsels to him, and putting him in mind of the all -seeing eye above, who knew his crimes, tiiough he did conc-eal them from man ; he was pleased to till me, that he had far other appn hensions of God than I bad, and was confident (io<l would consider a tren- tleman, and deal with him suitably to the con- dition and profession he had placeil him in, and would not take it ill if a soldier who hved by his sword, revenged the aHVont offered to him by another, i replied, that there was but one way U) eternal happiness, and that God in his laws ha<l made no exception for any sorts or degrees t»f men ; and coMsoquently rc\engc in affeutleman was a sin, CI(m1 woulil not paixlon without true repentance any more than he would forgive it in a peasnnt. He asking me hereupon. What n-peiitanee was ? 1 told him it was, so to hate the sin we had done, that for the future no argument sliould prevail with us to commit it again. To which he said, That If he were to live, he should not forlwarto give any one as good as he brings : with some otiier expressions, which I am loth to re|»eat, for thev made me 10 melauchoiic, that I was ibived to leave him. Vet I bitl him ctmsider of what he had said, as he loved his oun soul. 1 went from thence to the lieutenant, in whom I found a very great alteration, and saw flow several good books, and the Bible among ib« rast lyiog before hiniy and he now was readier to confess his guilt, than I toexboct him to a free contession ; several thii^ be had said to ]>r. Uiuiict, he expressed now to me, ailding that it was God's just jwh^cnt upoa him to let him fall thus : for when he consnied to engage with the captain in the fatal enter- prize, he had not said his prayers, nor retd in his biloved book, ' Dilheren's Way to EteiiMl Happiness,' in a month before; which tvo . things if he had continued to do with that de- votion he use<l formerly, the IKnil oouU not, and should not have |>ersuafled him to ooim into such a desperate confederacy. I advited him to repeat Psalm 51, ollen, as being OMMk siiitabie to Ids condition ; and directed nim to other prayers in a book, which the Luthenui minister hail lent him. He now tM me bow he was concerned for the captain, and crM out, Oh ! this hard-hiianed captain, I pray for him day and night, that God would turn hii heart and melt hiin, and make him sensible of the errors of his ways. He professed that he did not desire to live ; all the favour he beggtd of the king, was, that he would cause him to be beheaded, for the reasons mentioned in the preceding papers. Yet he hoped his fall WM [lermitted by Almighty God, to bring him to a true sense not only of this, but of all hiji other sins ; and that God suffered him thus to be thrown down, that Uirough that toss he midit rebound the higher. And that tbotigli heUA walked in the dark, yet he doulH^ not hit God \^ ould draw light from that darkness. He ])rotested at that time ujMm my ezpostulatioBi ^^ ith him, that it was not approacning dealh» and the punishment that was Id^e to attend Ua in this worlrl that moved him to repentance, but the blackness of the crime, and his of- fending a gracious God, and forgettine hie tiear Retleemcr's pi-eccpis. And here he urokt forth into huly ejaculations fit for a ChrisMn and a true penitent. And when among otiicr passages I muidod him, that it would not bo long beibrc he would ccme to his trial, and oe to liis 1 xri'ution : He cheerfully replied, tbd he was ready to obey God's summons. Asd u hcreas 1 told him it would be within a few da\s : He said, he Khnnid be content if it won within a few hours. He then shcwei] me the places in the little l)ook, he had by him, ' Tbe * Way to Ktenial Haripiness,' which gave hin the g^eatc^t comfort, and prescribed him moet (excellent directions. The book treated of tbe nature of a true HeiH>ntance, of Confession tP the Ministers of the Gospel, of the Lonl's- Supper, and tho RuU^s of a i 'hristiun Life ; Is winch are added sevt^ral iiu ditaiiuns proper for Festivals, pra\ ers suited to all conditions ; ani a very patlietie Sermon on the Passion of Christ ; all which he said were a great sup- port to him in his pn'si:nt condiiion, which ne (Wiroriil t:hutl} , because he had made mi \tM y\il\i iUni, wild had iniuiiilsti-d himself to him upon many occa>ions. 1 a-^ki d him ithethec he had been seduced by the C'luut or by Um Captain? To which lie ansueicni, That be had becu in the Count's company twice, but tiM 4 STATE TRIALS, 34 Cuakles II. ies^.^^andotkers^for Murder. [gi confession, for as his crime had been ]yublic, so his repentance and coniession ought lu be public too ; and in liiat he was loth to come to It, he gave as but too much occasion to sns- pect, that his pretended repentance was not sincere and cordial ; 1 told him that in such wronj^fs and injuries, a<; he had done, there wag either restitution or satisfaction to ha made : at which word he replying, hi»w he cimld make ix^stitution now Mr. ^fh^nn was d<'ad ? I an- swered, because he cc»u!d not make reiititutioni that therefore he should make some satisfac- tion, and tliis he niisfbt do by a free and full confessi(m of his sin, and of the cause of ifc| and who they were that ])Ut him upon it : I added that where tnie reneutanre melts the heart, ai\er such commissions, there the true penitent was readier to accuse himself, than others to charge him with the crime, and would have that ubhorreney of the sin, that he would conceal nothing that served either to <>SgT8vate, or expose it to thie hatred of all mankind ; and that it was an injustice to the pubbc, not to betray the complices, and assist- ants,* and occasions in such heinous otTencef. i told him, he seemed to talk too high for a true penitent, for those that were truly so,, were exceeding humble, not only to God, bat to men too; and one part of their humihtv to men was, to confess to tlieni, and to their relations, the wrong they had done themi Whereupon he answered, that it was enough for him to be humble to Gnd ; but he knew of no humility he owed to man, and God he believed huti a greater tavour for gentlemen, than to require all these ])unctilio8 at their hands ; and Uiat it m as absunl to think, that 80 many thousand gentlemen abroad in th^ world, thftt stood upon (heir honour and repn- tation as much us he, should i:e damned or for ever miserable, because they cannot stoop to things which will ]»rejudiceand s<K>il the Hgure they make in the world: As for his {tart, he said, he believed Christ's liiood h^d washed away his sins as well as other iiK^ns, ibr on this errand he came into the worlu to save sinners ; He was indeed son-y IMr. l'h^ nu was dead, but that Mas all he could do. ) totd him, that Christ's blood was actually ap]>lied to none but tlie true penitent, and that true rejientance mast discover itself in meekness, humility, tenderheurtetlness, compassion, righteousness, making ingenuous confessions, and so far aa we are able, satisfaction too, vise notwithstand- ing the treasure of Christ's bloud men might drop into hell. Upon this he replied, that he feared no hell : I answered |>os&iihly he might Itelievc none ; or if he did, it miglit be a \tTy easy one of hia own making. He said, he M-as not such a fool as to believe, that souls could fry in material tire ; or be njasted as meat on a great hearth, or in a kitchen, pointing to the chiumey. His belief was, that the punishment of the damned consisted in a deprivation ot the gi'acious and beatitic piestrnce of God, upon winch depriva* vation there aroM a terror and asu^ish in H woald not lot him know that it was the yet he l)elie\'ed it was he, having for- t«n him, and that the captain still told t he had a quarrel with such a gcntle- it from thence to the Polonian, whom engaged in reading a German book, DGT prayers and devotions, (it for a pe- trhich lie told me he was repeating to day and night. I gave him snch heads mplation, as 1 thought proper for his D and capacity, exhorted niin to re- limself, and to find out what other sins brmerly li^'ed in, it being not sufficient re one, but all he could remember upon *xamination, which he promised me to ■o 1 departcfl. ast time I was witli them was on the [arch, and while Dr. Burnet went to tenant, I visited the captain; whom had saluted, I told him I hoped he ?n his dangerous condition into cotisi- , and wrought himself into a greater f his sins than I could observe in him wa» last with him. He said he knew 1 1 meant by this address. I then e\- myself, gave him to understand that I with irelation to the late great sin he n engaged in, and that 1 hoped his hinsT death had made him more peni- D I had found him the other day. To le replietl. That he vras sensible he was sinner, and had committed divers enor- n but lifetime, of whidi he truly re- and was confident that God had par- aim, but he could not well understand lour of our Knglish divines, who press- to make paiiicular declarations of things d a mind he shoubl say, though never or contrary to troth ; and at this he wondered the more, because in our we were not for Auricular Confession, ssed indeed, he said, what it was we lave him declare, viz. That count Co- ark had been thc^ contriver .of the , and had been in consultation whh him ompassing his design, and prompted bed him for that end, which falshood Id nc%er be guilty of, if he had never 7 lives to lose. He umlcrstood, he said, ie lieutenant had been tampered with, promises of a decent burial enticefl to things notoriously false; as that he shew the said lieutenant a letter signed it Coningsmark, to engage him in the 9, ami ofier him money to stab Mr. .!kc. But as tor his part, he was resolv- onfess uo more, than he had already d publicly before the council, him run on, and then told him, that he uch mistaken in the divines of the of Engbnd, who neither used to reveal confessions, nor oblige ofienders in such } confess things contrary to truth ; that s both again ist their practice and their les ; tiic confession i said he was so I exhoited to, was no private but a puUie IX. 99] STATE TRIALS, 34 Charles 11. l6S'2.— Trial of Count Omingmark [ 1 00 their souU, ^Mscause tliey Jiad inissnl so p^reftt a happineijs : He added, that posaiUy I might think liiin to be an athdst, but his was so iar fruin th<MMi thoughts, that he rouU scarce be- lieve, there was anv niao so sottish iu the world as not to Wlieve t)io bring ot' a God, gracious and just, and geiicn»us to his creatures: nor could any mnn that was not cither mad or drunk, lieliete, things came fortuitously; or tliat this world was governed by chancre, i said, that this truth I approved of, and was glad Vfstie him so wellM'tllcd in the reasonable- ness of that principle: And as for material fire belonged not uhU» them : ami hereupon be tumefl away from me again to the book, that lay upon the table. By aiid by the lieutenant came in with • penitent countenance, and a mortified look: the captain seeing him, grew preaently cho- leric, and retired into a comer or the room, and then asked him, what he came to trouble him for ? he did not care tor the sight of him, cs« |»ecially since he had besmttered him so noto- riously with untruths. The lieutenant rery meekly told him, that tliey had not long to live, and therefore he was come to admonish him in the other world, I would not quarnil with to refient of what he had done, and to tell hlio, l:„> j'-^ j • .. . . .. .1. ..1 , . jIij^i he freely forgave him the wrong he had done him, by drawing him into tiie late un- happy action : the captain hereupon called him lyar, and asked him how he durst rent such abominable lies concerning him and conntCo- ningRuiark; how he could have the confidence to tell men, that he shoved him a letter of the count's, in order to engage him ; and of 400^ that he should offer him to stab Mr. Thyu, and talk sometimes of 400 and someiimcf of 900/. which was a perfect contradiction ; and if, saith he, 1 had been so base or foolish ai la make you such an offer, you that were the elder man, anil may be supposed to have had more wit than myself, why did not you chide and reprove me for tempting you to'such dis- honesty ? one would think you are distracted, or hail a soft place in your head ; is this yoor gratitude to a person that had relieved yon, and doae you kindnesses, and are you not afrud to die with a lye in your mouth ? Here I inter- posed and told the captain, that this wrath uid anger was but an ill pn>paration for another world, and that greater meekness and cluuri^ would becuuic a dying man: to this he an- swered, .It is you cfivines that arc the cansct of this passion, by obliging ])eople to confot more than is true. The lieutenant all this whili heard the captain vm-y patiently ; professed that this was the first tiuif that lie was called liar to his face, and that which formerly be andd nut have endured from the greatest man, he \K-as very willing to Innr now out of respect to that Cfod, from whom he ex|K>cte«l pardon of his sins. 'And as for what he had said and confessed to other men, he t(K>k (lOil to wit- ness, that it was nothing but truth ; and though it was p(>s«iihh> in his ronf»sions be bini for denying it, but rather hold with him, that tile fire and brimstone spoken of in scrip- ture were but emblems of those inward terrore which would gnaw and tear the conscience of impenitent sinners, hut still this was aflp«ater punishment than material fire, and this pu- nishment he had reason to fear, if he could •ot make it out to me or other men, that his repenUmce was sincere. Hereu|ion he grew sullen, and some good hooks lying upon' the table, one of which was, Aruts true Chrisiianity, ho turned away from me and S€«niefl to niul iu it, uml after a short pause he told me, That he understooil the lieu- tenant's paiH'rs were to be printei], wherein there wouM be part of count Coningsmark's leltcr, with siune other circumstances reflect- ing on the count and himself; but if they w«'re priiTteii, h«» would print his own story too, which should uudeci'ive the world in the fan- cies and opinions, the lieutenant's iNipers should druiy thcui into ; and iu that paper he would set f'irth the lirthavituir ami manners of the English clergy, ami the strange ways and methotU, thev take with \Ktor ])ri.solier8 to •xtort eonfiNsums fnim them. As for the lieu- tenant, he said, he was a fellow that was poor and wretehi*<l, ami by his means kept from atari Iitir, and sonirtimes he was not well in his wits : that himself was a grntleuiau, and a man of an estate, and shouM leave iri«at suiim of nioni y behiml him, and that no Knglish IDMitlenian won hi havu U'^n sr> coarselv ustnl in his country, uicaniii'; IVnierania, as lie hath been in til fs ; and if the lieutenant ]»ei'sistcd in his raUitics, hr would t\\,y with a he in his mcnith. I s:\..\, it was not pnibable that a dyins^' mnn. iiii:] a urui that was so very "en- aihie oi' his .-ins, iy.u] who had hetrayeil nothing mif^lit mistake pounds for dollars, that being of any disordir in his earriasine during his im- the woni commonly used iu telhng the money ImsoiiMuut, should trll iind aver thin^, which iu Kngland, as dollars is in (lemHiny, \et he \v knrw to Im^ untriH* : ho said, it was no mc-ant nothing by it but dollars ; anil what he Urapifi* thing iu Kn<>fland for dying men to | had said of the Jiffen'nt sums, «\ as very true ; 8|KMk notorious untruths, there Ihing not a lew I for at one i'lnw he ha«l offend! hiui ?00, at ano- exani|iios of thosi' Mhc» had laiely done so: 1 ther -lOu, so that could Ihmio contradiiiion. fohl him, it would he very tii that the lieute- | llie captain, notu it liNtamlinjr this, still called n:ml snd In; .shoiiM sismk tiig«*ihcr, and cup- j him Ii:ir, and uugratt t'ul : while the lieutenant tiiu Mi« hari!s<Mi, I thouL^'ht, would send him ^ £tf>od before him tnlkiu^f with gn'at meeknes pre<rh'ly : with that he gn^w angr^', and re- | and humility, and for the uuNit part with hit idled, Ik* hail nothing- to sny to bun, uorilid ; hat off, and* saying to him : You know, and le eiii for seeini; liim, nor for lieiusj" tnuddetl " your conscience knows, tlie truth of theae with jiiiv lMii:listi f!iiini*s ; they being null " things, why w*iuM ye ofler me these sums( too iM^ui&itive aud meddling will'i thiiiga that I you know you made mc than ofera ; G«d »0l] STATE TRIALS, 34 Chahlbs U. l6M.—*HiMirs,for Mardtr. [lof fcrfiTG jau, kiul I fbr^e you. This «ud, < committing uty lucli crime lierctsfive, thM ho ■ten tiie lintenaiit uw, tliat hii incaking , ^"tl h"! tlie (JikmI lintune to lii e ifith inuntcn, M bnt enrmt^ him mnn, he tnnk his leare, who ivora Rober, (diI men ibut ncrc eminies to mhioff him a i<i<][hl of the error ofhis vays. I dlgonb^r and dvliauthery ; that according to Tbr brDtemnt b«in; IjODe, I ulnycil, hojiind ' 'i'i'«'P«cily, hf hartulwajBrnaile tunsdt-ncerf ■bi4rrtisi»M(wifir1enfe«ftbelieutenantiniL;lil' (T'^'i^riiitis.uiil liad boon very |i.<inclual ii »«rk the CB]>taih inlo rt •, but it uallii (hat i«|i«iitancc coulil not be lnu>, which iiM atleude>l wiih inaekneM, fiiiniilily and pa- twuce i but hf iiirnin::' frotu me, ami looking into hi* book, and refiiiun^ lo ipvc ntc au an- ■wiT, I left hirn ton, wishing liim atictter itiind. Ffnm ihmce I went np fo the |ienileiit lieu- ImanT, where I found the Pnlonian too. I tM th« lieutenant, I was hranily j-lnd tosre •■"= ™P>"i hii rhhMian bfrhavioiir under Tejiniarlx-x, and mnoci-nf Uaod. oMhinf; iileawil nic more in mMen of r<Ticn- " "■"* ' ""' ' t*Kc, than humility ami pntience undpr iiiju- rin, a thins iib<olnte)v neewiarv where we kre to deal witli God, wlin hath bein fi>r iniiiy ftan patient nniW the injuriGi:, we hare oftred to hia majext}-. He then rented some ramfbctahte cjiu;ulation*, and expressed Imw ftwiy he furtive that Btubborn mnn, wliom no tBtreatiea ur anrumenl!) could work upon. And while Dr. Uumet went with the lieute- nant U the fire aide, I entered into discoiinie with the Piiionian, who f^ve ine liiv confesuion m li^^h Dutch, written from hiK own umiilh liy tic lieutenant, nnd sifpied by him the FnlnniAn. 1 a^ed him wh'ttier as be'liopcd for merry uf AapCBtGnd, he beliemi tlu! thintpi mid in dMlcMitnsion tobe tmeornn? He nnsweml jm : whereupon to be fully MitiHiiiil, 1 di-Htni1 ■ OermaH |(eDtlcintn then prcwnt to renil it •nr fC^n in hiii and my Iwnnnic, and to rpnil ildirtinctly, that in caM! tliere were any mis* tikra io it, he mi[[ht rectify it ; fin- a« "I was williQ!;, I taid he ahnuid clear himielf, ra I UwmU be Kun-y, he Nhonid ospctKe another nan, or My any ihiuif of liim, that niiu-|it iin- jorfy refleM upon his i'C|mta'ion : he jiiiimised Me, thai he would alti^il (^rd'idly, and take BMioe of every exprrsxiiiti, whii'h lirmrilinfHy hcdid ; and finding a iniHtaki' in llie iMper m poiataftiioe, he imiuediatelv snt'i-nolii-cof it which I caiiHetl to bu reitititnl ; and harins ' ■ it read uver hef'irc hiin, I ciinrRfed liiitt •*i inff those pnyers he had betu uufrht, either by his pareiils, or unch iiersons as he cimveraed with; and tliat captain VraU when hi- bid hint shuotMr. l1iymi,toldliini,tUatitnu!i here aa it was in l>(ilund, where tltc servant tlial doth bit niaslcr'a (Minmuid in sueh cases. Is blaine- leiw, anil the inuHter bear* all the huTllien; at^ that prevailed with him, thoi^li he found n t tie d ninnaifeil in lli<we ttaaeea, as are meutioDMl in llii' ,MprT i* To whirb he ^eli^iatuly uunveml iu tlie aHinna- li*e. lariuNJbiiutbiTiiujKin, hnwloiii;hclind krva I'nlesiiint <>l'the Au^iufci-iHitession, Ar he hail been bred a Pa|nsl ? To wliich hi sMweml, efersince bis last sirkneyt ; which ■■ I rewember be said, wuv hUiuI MiiimeJiiiBs kal ; when l>rinir <"I<1< t''^ *'■<! I'rotcstant re- hlpm was more cinitbrntMlile tii the w»rd of voil, he eonaenlnl to emlirwi' it, and balh keiH toite»«ri.inoe. I dcmanihd H' him to t( time lariowilv, ohetfacr behadnut IimI a very ile- bauclirdlife funneHv. wbiHi ■nniie liinrvrn- laic npon that late nilinman iiiiiTiiri/)- 'f He Ml BH iw ; ui4 tliu be LmI been m far from small nJiirtaney iu his bitfaKt, and ]ilraded with the r.aptain about the beinuiisiiesi uf slieddiuK ti-nf Uaod. I llieii endcaiiiurtil ti> fiiul bat kind uf repent unuc lie lell in liiiusilt; wlietlier it proceeded from li-aruf a abamiiuJ death, or from an liutreil of sin and love lo U'hI ; whereupiHi he gave me such an aet-uiint OS his iHmest tiniplicity diirlated tu hint, and said, that il' be were to live nny i<in(^>r in this WM-hl, liUTcnly tbuughl this*oue nin would keep hia soul sit awake lin- the future, tbat it would noi be on caay matter to make liiin art a^'*"i'lfn'ii>ohiscouscieiice : this bad rouii-d biro, anil he now jterceiied tlie sweetnem nf a good IdW, and keeiiiD); close to tlie »'a>s of litHl. He win sensiUe he tiad deserveil the puuislinieiit, tlie law would uitiict upon him ; and all liis confidence was in the Uood <if Jesut, who knew liow lie was drawn in, and tlie pliiinunHl of his tMu^icr wruUKlit npun by the cniitiun's Nublilly i lionever be tn^ly <<ir|fute him, and ounnieiMkit his soul into the ImwU of God. And here ended my coiifiTeniv with till.' najMiiivp prisoners, bavin;,' wiNhcd tliiin the [lonertul astiNlance uf (.iiid's holy B|iiril, 1 took my leave of them. Tbe lieiiten.int, who in rejifUled wiirls exiin-sseil his Inuiist de»i"n in bavin; the lvlluwiii<{ imjkts publishiil, ije- siiiil me to fr» with liim on I'riibiv following to the )>laci: of exi-t-iuioii, there 'to tell tlie ' ■ ' slioubl think lit tu preach llmticTy tnominir, and tlint very hour, when he shuulil lie bil tii the place uf exe- ciitioii ; liDwi-ver Dr. li-.irnci, who lind been hi* siuriliial liitlier iill alixiif, would iiui foil tu do tliai last office tiir hiui, in which be rested aatislied, nnd with all liuniilily, and in a jieni- tent (lAKture, bid iik uiIIi-u. InihctRiti'datidnofibe fnllnwiiu; pa|>ent, I eiiiibl niit beciiriiHwiu tlie siilc, liccnuM- 1 waa liirced tu kcc|) to the Fiiuplicity of iIm liedte- laui'ii cxprissinns : he uiit ni>t to shew hi* liwrniii;; liut his (itely ; liaiiiy imiiit Inva biiiught up 111 letlerHi'rlMiorii- w nut a Ihioic, Iholun lie evgHi-liil fnmi liiiii. Tnilli aouiiib lietti-r (ViiiD A pliiin nton than from au nniliir ; anil the k-ss nniamenl tbrre is in a d\in;r ywr- KOm iliMiiurM', tbi- h^i it » ill Iht iHiN)ircUil id* lljl IHHTisj . 'lllCVVpn-WUIHIS u>:ill IllTI-, S|H'.lk liisliiiirt iii<>n-iliannisliuii'v,iiii'l«lii-niimHn is [>n']>:iriiig lor a IrviiK-iidous cu-ruity, it 103] STATE TRIALS, 34 Charles II. \6S2^^Truil of Count Caningamark [lOi \rouul bti fuoiUb to study eloquence. The trordn here are not chosen, but How naturally ; and the honesty of his soul dwells in the hoine- fii|mn meditations. To ha\e affected better lan- gnai^e than himself used, had been injustice ; and to suy in English what lie bad not said in his own iaiifj^uaife, bad not been f ■.» translate, but to |K)hsh his aulmonitious. Such a ]Ylain harangfue, it is like, may be nauseous in a cri- tical age, where learningf and wit rides in tri- unihh ; yet a soul touched with the same loailstoue that his was can relish the sweet- ness of it : himself was afraid, that the sim always conveniently, yet may lawfully bo said at all tiu»es: this* was all I aimed at, and because reports are already spread abi-oAd of other discourses and expressions, this im happy man should use to me, and how he ailronM me in prison, it was fit the world should be un- deceived. Anthony Uobneck. At the Savoy, March 13, 1681. For Dr. Burnet. Sir ; I heartily tliank you for all your kind- • ncss; and promise m} sell, that, aceordmg tn your I woi*d, you will publish my little writings, in- plieity of the lanjruage would be an oifcnt^ to : icnd(>d only to let the world see, that 1 came not the curious readers; and tlierefore be^ of | into tliisctnmtry with adesi<rnofbeingengatred thtm. when they came to peruse it, to make ■ in the late black dec<l. And since the justices gn'utiT use of their chaiity, than their sa- have not d^(^lure<l what I can say ordidsaj gii<-ii\ . for myst'tf, the nibble, it is like, ivill be of opi- ThV»anie I mustsayofthc Polonian's con- fe.si<in, whertf vou must exiiect no blotter en- "0 uioa that mouc^y brought me over into tbest partii : In which verdict they will be urnle* t<:rti:inment, he could but just express his ceivcd, ii' you will be pleased to K-t them read nif;uii:ntr, and was no greater sdiohir than liatuie Had iiiade him. I w'.is at tiist in some doubt whetluT I should publish tlie CHptain's aiiswers to my queries and e\ni>stu}ations, bef'aui>e some of them 8u>our ot* pr%>pb:uicness: yei considoring that the Kvuuu^uliAt hath thuiight tit to ae«piaiui the world uiih the ill lau^jfuage of the one, as wel' as with the penitent expressions of the Dther malc'ta:-tor, I was willing to follow that git'at e.\aiiiiilo ; hr»piug that those loose dis- c:ourse.s of tlio man may serve as sea-marks, to warn passengers from running upon those aauds. That which 1 chietly observed in him was, that ho.iour and bravery was the idol he ad(»n*d, a piece of preposterous devotion, which he mahitaincd to the last, at* if he thought it would merit praise, not to rece«le from what he hatl once said, though it was with the loss ot God's i'a\our, and the shipwreck of a good conseicnec. He considered Go<l, as some ge- nei*ous, yet partial prince, who wouM n'gard mens blood, descent and tpiality more tUaii their errors ; and give vast grains of allowance to their breeding and education; and possibly the stout beha\i<Hn* of some of the anticnt Itomiin Bravos, (for he had read history) might roll in his mind, and tempt him to write Cdpii's after those originals ; or to think, that it was i,n cat to do ill, and to defend it to tlie last. Whether after my last confen*nce with him he relenti'd, I know not ; tlunse that saw him go to his execution, observed that he liH>ked uiidatinted, and with a countenance so Steady, tliat it seeme<l to sp«*nk his scorn, not only of all the spectators that looked u|K)n him, but ofdLUtli ilsL'lf: but 1 judge not of the thoughts of dying men ; those the Sirarcher of all 1 leans kiiov.s be.)!, to whom men stand or fall. 1 cannot bay, that I re mem her every s^Iinbie of the several coiirerences, but sure i am, I ha>e r.ot inisli&ken the sense of what he a:iid, nay think 1 have kept to the verv wonls lie tiiCii nsrd, as much as is possible. J \%ould not wrorig the hviiig, much less the ^U i but truUi u a thiu^, which tboujj^h not in EnglLsb, \^Ittt I have set down in tliew pai)ers. 1 remain. Sir,* }our obligeil servant, JoiiN Stern. Written in the prison, London, 1683. The Last Meditation^, Prayerty and Confession of JJiutcnant John Stern. *^ lit^t Ciod have all the Glorv, and man acknowktlge his own un worthiness." I. Seek ye first God's kingdom, and hb righteo'sness, and all these thhigs shall be adderl unto you. Mat. vi. 33. I said in my trouble, I anrcast out from thine eyes, notviith- standing thou didst hear the voice of mv weep- ing. When I cried unto thee, thou (fidst tee m V tnnible, and didst know my soul in adverfity. W ateh, and pniy. that ye enter not into tempta- tion, for the de^ il, like a roaring lion,w alks about, seeking whom he may devour. In the third l>ook of M<»scs it is wntten. Thou shalt bear no malice to any of the children of thy jK^ople : by these are meant our neighliours. In the first lMM)k of Mosos, eh. ^i. The inciinatioDf of man, are naid to lie evil from his youth ; bat the spirit of God can endure no such malici- ousness. 1 have been a traveller any time tlieee 23 years, and have perceived but little malice in my heart ; though I have had too oiten cause and pro^ Dcation, yet have 1 conmiittetl all to God. as the supreme judge of all. W hat hath brought me to this present misfortune, is known to God alone ; yet I am gn*atly to blame, be- cause I did not abandon the world, lived ia carnal security, and minded the lusts f»f the llesh, more tlian God, biessctl for evermore ; for which 1 am heartily penitent, and I thank my G(mI who hath brought me to a knowledge ot myself, and gi\cn.mc his ivruce, to come to a true mmi-ow for my nianif«dil sins ; if 1 have Itcen enticed, or tempted by any person to this wit'kedness, as is evident I have, I l>eguf God to panlon him, for Christ his sake, au<l I desire all I lersona, that shall read what 1 have writtea here during my iiDpri^nmeuti to oouHder at iTATE TRIALS, 34 CHAitLitft 11. l6S7.^^and others, far Murder. [100 Let no mtn rejoice at hi4 neigh- MTtanes ; every iDon'slast hour is not when you see a prisoner led along, 1, for tne same may happen to you ; ftMon on your ndghbours, and God mipassion of you. Be merciful, and merciful to you. I ffive thee thanks B Christ, Son of God, that thou hast 0 understand so much out* of thy ; fpve me constancy and persever- I may obtain the salvation of my n. saikb, << Man help thyself, and 1 hee :*' but alas ! while we are in » tears, we think seldpm, or not at ivine assistance ; our eyes are dark- re consider little besides the lusts of nd the lusts of the flesh, and the le, of which Christ himself hath complained, when men have for- : happy is the man that feeb true re- 1 his heart. Lord Jesii ! give me that am the chief of sinners. God, thou It thy Son into the world to condemn L to save tbem ; O, save me not for ut upon the account of that precious I was shed for roe on the cross. "a^ God, nobody may be sc*andalisied me, out let every blody lay to heart r sinner writes in prison. Ye chil- world, when will.you bethink your- consider the things which belong ce, but it ra hid from your eyes. O i continue hid from you ! Keep word of God, and think on the «L, uhich was to bruise theser- ; be vigilant, and pray, that ye fall mptation ; think oAen, that your abomination to God : take heed you example to young children, which our account will £* dreadful. 3, the forerunner of our Lonl Christ, ^gan his ministry, the first words he tm iiis mouth, was to recommend unto the impenitent. Mat. iii. and ring,<| Thekingilom of Heaven, and ^ce is come to you, and at hand, Hers you pardon of sin, and eternal ihe Gth of 8t. Mark, the twelve apos- It, and preached, that '< men should nd Acts iii. «* Repent, and be con- vour sins may be blotted out." And What mean ye, sirs, we pn^aeh unto wpel, that ye may turn to G(m1." O ord Jesus, make me partaker of this for thy name's sake ! Amen. Evii. 30. «♦ Ye men of Athens, the Dorance God winke<l at, but now he all men every where to repent." HI. 8t. Paul shews to king Agrip|»a, therefore called from Heaven to be '. to preach rofientance iMitli t(i Ji'ws ! p». Ye that are parents, if you reo, keep them close t'l the fear I (each them the Creed, and the ! ■adments ; send them to sclioul, out lo an boQcst trade \ be not ashamed of this, itis better than an idle life, or French gallantry, dancing, &c. Keep yoor children out of IhuI company,, whether tbey ba sons or daughtere : A heathen wraCes, that Evil communication corrupts good manners, which myselt hath had very sad experience of. Before my 23 years travel, 1 sbould have learned a trade ; but it is too kUe now. God five me patience in all my siifferinp^. I hope by the help of God, I shall eve long be aepa^ rated from the workl ; for it is my greatest de- sire and comfort to dwell with God. Amen. VL Gen. iii. Godsaith, '' In the sweat of thy brow shalt thou eat thy bread, till thoH return to the earth, of whicn thou art taken." Ptol. civ. " When the sun rises, man goes forth to his labour ;" but not to such labour as the Devil suggests and tempts men to. VJL John X3U. ** When Peter was more concerned about St John, than about himself, the Lord said. What is that to thee!" Luke vi. It is said, « Thou hypocrite, first pull out the beam that is in thine own eye, and then thou shalt take the mote out of thy brother's eye ;" and thus itis with us. The mote in our bro- tiler's eye we easily spy ; but are regardless of tbe beam in our owu eye. VIII. Rom. xiv. Itis said, '* Who art thoa that iudgest another man's servant; lie stands or falls to his own master ; he shall be holden up, for God is able to hold him up " Preserve my steos, O Lord, that my toot slip not. O Lord, by thy power, streni^heu the weakness of m^ flesh, tliat I may hght manfully, and both in life and death, may press toward thfie« Amen. IX. And now ye that are governors of the world, abstain from anger, exercise justice^ let not the sword grow rusty in the scabbard, tbougii you begin with mine own head ; let the will of the Lord lie done. Ye princes, and great lords, do tlie same ; have an eye upon your officers, and take notice, how instead w doins* justice to the widows and orphans, they go about banqueting, visiting of play-houses, playing and huuiing ; the rest I will notname, tor tear of giving scaiitial to the younger sort 3 see that none of them take bribes, for unjust bribing cries to Heaven for vengeance. By the uord Governors, 1 understand kings, princes, viceroys, lords of countries and pro- lincesin Chrisieudom ; colonels, captains, and whatever titles they may have ; punish nono that are innocent, release rather ten that are Eiilty, than condemn one innocent man. Ye np*> princes, and iiresidents, let no proud and phantastic dresHes l>eallouofl of iuyour land; fur through pride the aii^fil turnc<rdeviL Ye fathers an<l uiuthcrs, cloatli yutir children de< cent'y when thf \ are little ; when they grovir biif, they soon bifCMnie IkuI enough. Let no man be taxed or rated ab(»¥e his aliility ; op<* press not tbe {Kior, ratlier help him to licar hia burilit'O :ts much as it is possible. \. Li't us say, out of Psal. xviii. 98. " The Lonl uiy(io(l turiiK niv'darkness into Hght." In ' Geuciiis wc read| *' That the Ihou^ta of msn'^ 107] STATE TRIALS^ 34 Chaklss H. i682.«-TrMrl of Omni C0iihg$mgrl heart are evil from his yondi.'* The ipirit of the Lord can take awav that mnful inclination : I will sav with DaFid, Ps. Ixxxi. *' Create in me a clean neart, O God, and renew a right spirit within me ; cast me not away from thy pre« sence, and take not thy holy spirit from me." Out of Psal. cxT. ** O Lora, not unto us, not nnto us, but unto thy name, gi?e all the honour and 0ory," He that is fallen into poverty, let him hope in God, he will help him. raU. L God himself saith, ** Call apon me in the time of trouble, and I will deliver thee, and thou shah praise me." My strength is made per- fect in weakness, for Cluist is ffood and gra- cious ; and because he is merciful, let us call upon him ; as it said, Luke xv. *' Father, I have sinned against Heaven, and before thee, and am no more worthy to he called thy son, make me as one of thy hired servants." XL The Apostle 8t. Paul mentions, in a certain place, bow a man may have all things, and yet have no chai'ity. Cnrist also exhorts lis to love one anotlier. I may say as it is in the song, ** Lore is (juite extinguished among the children of men." Deut xxii. ** If thou see a stranger's ass, or ox, go astray, thou shalt take Uiem into thy house. Levit. xix. <* lliou shalt bear no gruffge to any of the children of thy people, which have provoked thee to auger. Prov. xxi. *Mf thine enemy hunger, gi\e him meat ; if he thirst give him drink." Matt viii. and Luke vi. <' I say unto you that hear, love your enemies, bless them mat curse you, do good to them that hate you, pray tor them tliat persecute you, and des- pitefully usi* you, that ye may be children of your Father which is in Heaven, wlm is good to the unthankful, and to the evil." Think of this, ye proud vain-glorious, and wrathful men, who say, Shall 1 yield ? 1 am much btnter than you. Agree with your brother quickly, while you are yet hi the way with him. When you come to ^our long home, you will be weary, and find another register or book <^' account belore you. And here I lieg, of all those who shall read these lines, if in any thing 1 have been against them, or oflended them, to Ibr- give mc for Christ his sake. XII. Eccles. \L Solomon saith, ** It is an evil that I saw under the Sun, and it is very common among men, that God liath given to some men riches and honour, and they want no* thing tliat the heart desires." By such So* himon understands lords, and governors in this world : Take heed of pride, and voluptuous- ness, MTath and anger, for tliese arc now be- come very common ; and such men are apt to cry. Am lint 1 a lord ? Am not I a governor ? Kmg David yxzs very nenitcnt. Kxod. 5. Fliaraoh tells Mnses, *' Who is the Lord, whose voice 1 KhonidhearF" But notwithstanding he must sink in tlic lied Sea. Take lieed, the sea of sin is deeper than the Western Ocnui ; make haste, make haste to get into Heaven's boat, that ye may get into the siup of God. XHL Ye proud, who is there among you wiU-tdceaviewofhisli&? This is rcry uniaJ with yoa to cry, I have snt my t France to bring me newest modes and Thou hadst beSter have gone to Jcrusa considered the passion of Christ ; ai better would it be for thee, if instead i tuous youngsters, thou hadst some i cient man about thee, whether secul clesiasticaj ; but such men must be foo you. Gen. iii. '« When Adam and £ pride, affected to be like God, they i out tirom the presence of God." T mites were proud, Ezek. xvi. 49. ** ' the sin of thy sister Sodom, pride and and fulness of bread." XIV. Ye officers, colonels, and gv bow do you live? When a country dies, to whom goes the pansonatfci tliat brin^ most money. Ye ask n you studied hard ? do you live a g are you a good preacher upon trial ? man saith, Here is my purse, an eoiough. The deceased parson hath a true, that is a scholar, but he hath m or he is too young. The widow ha children. Thus he pleads ; and is ■ most lamentable thing ? Ye generals lonels, where are your camp preache not ask you about c|uarter-masters, b to either generals or regiments, thos4 not want, for they fill your purses hat religion are tliey of? why ol w take all tliey can get. W^ho knows h it will last ? Sometimes you carry yoi preachers, or army cliapfains, in your O how do yod rob God of his honour, i neighbours of their souls ! He that » him serve faithfully, that he may be \ his salary. He that hath none, needs ble himself aliout entering into serv generals, colonels and commanders, v are in your march, or form a camp eitlicr besieging, or besieged, pray n to exercise broSierly love toward the as well as the greatest. Ye comn where is the provision ye are to mali anny ? Three parts of \t are in your and tlien you give the general a pre tlie p<M)r Sheep iiiay go to grass. Yim men (tliat's the wonl) y«m must po what you have, and the rest you lu; such a great man, or friend of the must have a safeguanl. The poor wit orphans, run alMiut like mazed peoj their children in their amis, their ha \eled, tears ruimiug down their cli pease ; and yuu shall not find one in dre<l that will give them one fienny, you great ones hsve, may lie, taken pt of their cows, calves, and slieep. i dii-rs in their inarch, must at k^ h biYiught them : Sometimes the money out of the ])eop]es purses by dreadVv in another place, you let the poor sol as it were, on a heap, and plague tl country ; then the IM>or most run to to borrow money of them to treat an tain the aoldien. You gieatODflS hai 09] STATE TRIALS, 34 Charles II. i682.— «iii others, far Murdtr. [i lo or in the hospitals, it is not mucli. Yi hcii they begin to be iiierry at their ieusts, thuu the next discounie is about their incomes. I Itavc a ship at sea, saith one, so much I ^et by this voyage. Wretched man ! tliou tnlkevt of thy {j^ftin, but dost not pray to God ; thou miudest thy pleasure ; thou dealest with the i^reat ones in the country t sometimes tliou f^oest abnmd thyself, and courtiers do cheat thee ; then thou curstiit becsmse thou canst not recover it. In tra- vcHin^, men meet with variety of peoi)lc. Sometimes thou hast an old mistress, her thou ffoest to visit ; and after that hast the confi- dence to ask, why thy ship was lost at sea ? (He that hath an honest wife, let him make much of her, for she is a rare jewel). The seamen, when they come to shore any wliere, nothin^r but drinkmg and carousinj^ all nij^ht will serve them, and the glass must go round, and that is their w ay of lining ; and from hence come those many misfortunes at sea. XIX. Ye doctoi's of the civil la^vs, {iroctont and advocates, it is needless to expound any thing to you out of the scripture, you are bet- ter scholars than 1. Psal. xvi. It is written, " I have set the Lord always Iieforc ine ;** This is worth your thinking of ; for there may be men among you who love to shear the sheep, so long as there is any wool upon them : many of you arc squint-eyed, looking for the lumd that comes with a bribe, which is a thing doth moro with you, than the greatest justice of the cause tliat is before you. May lie, there is one in fif\y who contents himself with half so much as anotlier man takes. The Holy Ghost <lirect ytutr heart}<, that you may mind you neighbour's goofl and welfare more, for that is to act like christians. XX. Ye dininkanls, ranters, and blasphe- mers, and undeniiiners of your neighbours, who give ill counsel, to their rmn. Ye whoremaslcrs, and gamesters, ye haughty, and wrathful men, I pray God send you home sparks of his grac<*, tliut you may smite your breasts, as the publican in tlic temple. I nope you will consider the text we read in the holy scriiitui'es, Hev. x\iii. 7. where it is said of Babylon, *' How much she huth glorified lier- self, ami lived deliciously, so much tomientand fwrrow give her." Fitnii hence divines <lo infer That e\ery sin will meet with a jieculiar punisli- ment in hell, and consequently a proud and haughty man will have the honour of being toriiiented lirvt, or liefore others, or will lie tramplnl on by others. ** The voluptuous will hroaght into you by your officers, the poor soldier must content hiipself rilh an empty house. Ynu cause the poor ctfle'fl oxen and cows to be driven away, bcii aeO them, but the meaner sort must cat IrrbreMl. \V. Ye gentlemen, hurgomastcni, alder- Bea,aiid grand bailiffs, pity die poor in your sacthiK contributions, l^ke heed ye o]vpress Ml the widow and orphan, nor take their goinls ivmy for your private use ; nor cornipt your- iches with bribes. Do you understancl the Lttin phrase. Quid juris Y or tlie other, Du pc- :wBm y To make your own cause g<»od, you aike fcaite at the public cost ; and this hap- Mas oAen, when you are to sit as judges, either ■ maUen of blood, or in civil causes. Before iia do ao, pray the Lord's prayer, and con- iMer the import of that place, John xiii. 3, 4. * Hdcby ahali all men know that you are my pinplcs, if* you love one another ;'' t. e. Jo JBMiee one to another. Tl^re are many good efcriniana among you; but alas! far more of ibeMhcraort. ^ XVI. My lorA, ye bishops, abbots, deans, if it ke 10, that in the town or country yon live in, jmhave either for money, or luadred-sake, fhecd any ministers, or schoolmasters, which capable to look to their charge, or to youth, yon will have a very great ac- igm. Ye great ones, you should at fisit your cleigv once a year ; but I do witi stand to what purpose you put the to the chaise of a banquet, which tdnitifl^ at Iraat, a fourth part of his income Ibe fat year, if his parishioners in the country i$ mat hdp him . \ on shouldjireach and exa- MM the chiUrifn, this your office requires. If Ai MiuMer hath good drink in histiouse, he bMMMMied ; and those that love the good Ipar, will eommeiid his sermon : sometimes mn u MM that will give him a silver cup for KMiMM, and that's the humonr of the world. ,\VlI. Ye merchants, ye know it is written, Widi what measure you mete, it shall be mea- to you again. Live up to this nile, put not money to iisnry ; content yourselves Bat gain, for all depenils upon the bless- ^ af Goi ; imjust gains desccml not to the M feneration. liet every man, in his own ilmi,fakccare toroiml his calling, and do ilrt he ia commanded ; Do not sit down and t^lw<i for one, and then lay the fault n[Mm ItaTMan. Take heed of cursing and inipre- PMi» whereby you endeavour to make old ■iMcs new, especially where the buyer ■a great akiU, whence 'he must ne(*ds be -Inl ; you give it him upon your won!, tM|^ it is not worth a straw. Te seamen ami ski|>n€TR, how do you live at ^*f Mie up your anctiors in the name of Go<1, the wini^ name you ought to spread Mils. When tiie inercbantH grow ri<*h, if they must have great gai^ens, with hon^es liir pleasure, where th*»yniJiy their rich arqnaintance ; If tlicy give at ^ unnethiiig to the jMior in tlieir boasts, mh have a cup of g;dl given hun ; a drunkard be plagued with an infinite thirst," Luke xvi. 84. *< The uncha.ite person, with pntrefaction and worms, which shall breuk fiirtli ut the membera wliereh\ he h»ilh Minnptl/' Kceles. xisf. 3. A slanilenT, with <i»-q)ents, and seorjiions. There wen' N(»in«' e«uufort in it, if there might be an ciiil of this, but *^ ns the tni.' falls, sc it wHI lie, whether it fall toward the South, or towurd the North," suid Sf»b»mon, Keel. ix. 3. sothat nofliangc of their torment U to lie expected. Tlie damned can get no comfort, no ease, no Ill] STATE TRIilLS, 34 Charles 11. l6$2^^Tnal of CouM Conmgsm mitigation of their pain ; If they could but have hopes of ** a drop of water hanpne^ at a fiu&per's end," Luk. xvi, 24. itm migut yet rctresh them. Rev. xW, 11. it is said, " They have no rest day nor night, bat their shame and pain shall last lor ever. The smoke of their torment shall rise for ever ;" read the aforesaid place, though you nevet read or considered It before; the door of grace is yet open. Ye drunkards, and whoremongers, ye cry, let us be menry« for \i ho knows howloog we are to lire. When thou readcst Prov. vi. 11. " So shall thy poverty come, as one that travelleth, and thy want as an armed man," do not take in thy meat and drink like beasts, but with con- sideration of the superabundant and almighty jfoodness and mercy of God. Tit. i. 15. 1 Tim. IV. 4, 5. Prov. iv. 17. Ecclesiasticus xxxi. 31. Luk. xxi. 34. For God's sake read these chap- ters, and you will see, what hazard you run m living in the world, as if there were neither heaven nor hell. There are too many, God knows, that believe all things alike. Let us confess our sins, and say. Help Lord and Father, who art good to all, and givest to all, that, we may walk in newness ot life, and be zealous of good works, to thy ^lory, and the joy of angels, the love and education of our neighbour, and the dc'vil*s envy, that we may at last obtun the end oi'our faitli, the salvation of our souls : and hear the chearfbl voice, Mat. xxv. 21. ** Well done good and faithful servant, thou hast been faithful over, a few things, 1 will make thee Tulerover many things, enter then into thy master's joy." Great Healer of the wounds, sin makes, In hearts with gnef, and tears opprcs!»ed ; 0 how my soul doth pine away, With dolours ^reat and hard to bear ! Almiffhty Saviour take thou me, And let mc in thy wounds be safe ; Then then it will be well with me. My soul, my flesh shall rest in thee. Jonas iii. C, 7. " Thekingof Nine^-eh, and all his people, humbletl themselves, put on Backclotu, and sat in ashes." Let us put on the garment of love, of true repentance, and sorrow for our manifold sins which we have committed, and through the grace of God we shall obtain deliverance from all our sins ; for which deliverance I praise him. I do already feel the Almighty God in my soul, and though I Iiad the sins of the whole world upon my rack, yet that good, that gracious God, would not let 'me sink under that Inirden, Psal. cxxx. Though our sins are multiplied, yet God's mercy is far greater ; his helning liand is not limited. Let le hurt that hatn been done be never so great, still he is the good Sliephenl. whn will redeem Israel from ail his troubles and transto'cssions. I bless God who hath brought me to a sense of my sins ; nay, 1 am so well satisfied (praised be his name) that though I might hare half the world's goods, I would not desire to li\e longer. 1 have hail litt'e comfort in this \iorld; now and Ihen a body is od the waUT, by and by in a storm ; eve by land the journey's m tedious. ](Iow soon doth sickness no man is secure of his life ; thoug above an enemy, yet there is no i perors and kings rise in the mominc sound, but the least change of air tl down, and they must wait for the 1 as well as beggars. Let us therefb Jesus 8yrach,man, think, of thy er wilt never sin ; and to do so, the grant us his grace, for in this I liav quently. XXI. Ye tradesmen and artifi* make but this simple reinonstran Many of you complain, tliat you and night, yet you can get notliin your labour, altogether, but God's b IS to be regarded. For Christ saith sanctify the Sabbath, and on that di gently to the house of God : thoi uwcjur, or curse, neither thou, nor th children, nor fiunily. You should so much time as you do, in tavemt you ordinarily stay till midnight ; kers, brewers, butchers, sell, as to answer it to God ; for the mag apt to connive at you upon the accou: snip, or some other relation, but this be. On Sunday morning, instead o of brandy, you should take a pra your hands, and out of that instnic dren : look into Psal. 133. " I saith David, '< when they said unU go into the house of the IjDrd ? o\ stand within thy gates, O thou housi If any of you fall into {Hiverty or sii that are tlieir neighbours set ther you need not fear that this brotlier] make you Anabaptists. Clothe you children according to your state, and give to the |ioor accoitling to your i dial is your blessing ; for by this i will want nothing that is necessa earth. XXII. And now ye prisoners, h' behave yourselves m prison ? Ke the Word of God, and you will re< and comfort: do not you read, h " He hath surely borne our griefs, our sorrows ? He was stricken, am God, and afflicted :" see what he s xiv. 31. *' My soul is exceeding even unto death." This said Chi time, when for the sins of the wliul suffered himself to be imprisoned i was not that an exceeding great I Christ hath expressed to all roankin love he could not shew. And this h we might think of him, when an; taken prisoners. L(.>tsuch a one exi self, for what reason he is impriso find himself innocent, let him ha\ let him not curse : If he And him let him pray diligently ; if the crin and heinous, let liiin pray oilener, i his sighs every moment to God, turn all things to his advantage. men ? and if a soldier leads a (rood life, it may b« Maid to be stritter than a Ca)Hieluii'$, Init such a one is a creature very liespicallle, yet more or less according to tlie co)i>itry he livea in. When an enemy knocks at your grates, ye grrat ones, and you can but get soldiers you rejoice exceedingly ; but if God give you peace i^y:ain, I am Jure, you have no com- mand from him, that they n^'tto served you faithfully, sliould be cashiered and sent away without |>ay, and those which stay behind^ should scarce have bread enough to eat. I suppose they are creatures created of God, ami redeemed as well as you. He that wi-onga them wrongs Gud in heaven ; here I must (Tie for a man's fortune, with whom 1 never changed word all my life, for a woman wliich 1 never saw ; nay, for a man that is dead, whom I da neFcr had a view of; and are not these tliree tM] STATE TRIALS^ 34 Charles IL l6S2.^^nd othtn^f^r Murder. [i u M|Wbaibewn taken pisener (thougli we ■tMtto be compared witb bim) said, Mat. Sin.4C.*« Abba Father, notwhkt 1 wia,bat nkm tbot wih." Behold here his mighty Iwi, tbenwith he bath loved us when we were it^'hii loeBiies ! He suflered himself to be ~ ' 1 : this is no small comfort tor you lie ia a prison ; for which reason, (lioodj c^ it ; but take heed you do ■t cvK ID pnson ; do not break forth into vnll nd anger ; be patient, confide in God, vhowill npport yon m all things, if )rou call ifH bin. Use no threatenings that in case Seone off, yon will remember the persons hue bem die cause of yonr imimsonment. IVi Mikes your case but worse, commit re- vapli Got ; for thou art not permitted to be iiMMmRvniger, For he that judges, shall lijoM. The law of God and man condemns IhaeiuBgs ; be that sins much must repent ■Mb, this is God's order, who can truly say of bisMclt 11 it is John xiv. <* I am the way, the Mh,«d tbe life." And if he he the way we — MtjWMHy err, if we follow him ; if he be Aeirn we omnot possibly be deceived by bia ; if he be the Hfe, we cannot possildy come ^■J thing that is hurtful. If your flesh and ■Mdbesliiiiened in prison by the temptations tfthederfl; if the chains and shackles press Mnayoa, remember tbe Crown of Thorns *^ Mv icdeemer bore, and without any §A dlk own, Nat. xi. 28. it is written, "CmetiiBeall ye who are weary and heavy ■^ nd 1 will refresh you :" and let this be f* yvM» owlart Nor is it enough that a man V ma vjib bonds and chains, fur that is only •ten^onl pnishment ; you must at the same jBPi tdKJronr hearts prisoners by the word VGoi fl^ therefore, with David, and say, I^ not upon my sins, O God, Akpure my heart, make clean my soul. A new gioii on my spirit set, |Mfrom thy presence chase me not. ^floly Spirit grant thuu me, jnu peace and health refresh thou mo. '* FMUfe thee, make me ^villiug, Lord ! Amen.* . -gjtmen to live in primn, u]>nu which ^■sgnee of God, remission of sins must fily follow. ^wli. I had almost forjrottcn the common J**yi which I would not wiilinijly do, lor have entirely resigned myself to his will. And now i will tell you all that I have loved in the worid. Next to God ami bis holy precepts, I have loved my neighbour till the late misfortune l)cfell me ; I have o'er had a great fancy to travel, and from a child have had inclinations to be a soldier, which desire, as tliat of travelUng, hath yet much decrc-ase<i with time. A courtier's life i never much aflected, because the court is ge- nerally croudedwilh asortof (wlilicians, which are no better than dissemblers, A learucfl and cxiierieuced man I always had a very great es- teem for whetlier he were rich or poor ; for 1 have met with both sorts. Lastly, 1 have had a peculiar love ]br three things, yet liai'e been most miserably cheated by them ; yea those thr{»e were instniments, I made use of, that (lay I came into the late misfortune. 1 thouf^'lit I liadan ex< 'client friend in the captain, but have been sadly deceived in him, andse- ducetl by hiiiu that is one thing. »Si»condly, I have been no hater of women, iin«i here also 1 have l>cen chcatod. I have also had a |>T^lt love for horses, tuiilwheii that la!-.' misfurtiine began, was iq>on the bnt.-k of oue. Jx't every pious cliristian take a viow of the world, let liiiii love nothing, that is in the world, but God alone ; let him do no wrong ; iriy , let him not permit another |>ersou to du that uhich he can hinder, espe<:ially where the ■ great philost^hy to be touucl among I p'lor and meaner sort are oonrerned ; and he i.e. There is ikothinir in the world, bni \ that is rich, let him look to it, that he may connnuiiicateto the poor hcurtily ; and let him do ihe same to the sick, nntl to di^lrt^sed fit- i)iilie«<. andto strangers. 1 h'^r'^ionincnce God will give, M ho is so far from fon:;>itiug such works, that he will reward theui a hundred fold. Grieve no man « ho is already grieved, tor it is sinful. Rtjoiit; ooi over any uian*s rois- fonuiic, lor bi lim- a day be pastyou may come tu some sad accidt'iit. Tike heed you do not sjieak ill of (i(ul ; ard tjikono false oath. Wsterdav 1 v,as at tl:f. last sennon which 1 am lik<^, to hwr in this world ; the preacher wat VOL. IX. I P wsy find it among soldiers; you tiiid j^y^tod unlearned, good and bad, holy and ^%He men, you tind some who really aim ytbskiiiiptam of God, and others who suffer j^wbw to be blinded by the dc\ il, ami live *"|^fcy to his will ; nay many strangers '■K^Domaa knows who they are ; one fears M,tMtherblafiplieni€s him : In a word, ypu tbe soldiers pious, and impious * Hub is part of a Spiritual Hy rou vse<l in ihc MfceraDCtuiivlu } 1 5] STATE TRIALS, 34 Chakles 11. an Englishman, and a doctor of divinitjr, hit name Buraet ; and I can take (lod to witness, that in this sennou my sinful heart was opened, and receiveil preat comfort from it. The text jwas as follows ; *^ Clii'ii(t Jesus came not to call the rii^liteoiis, but sinners to i-epentance." O joy ab(i\e all joy ! O coiiitortable promise ! O sweet i-ccreation of my soul ! Nay, nothin;;^ can be found, rtiat tends more to a ]^>oor sinner's comfort, tliah this comfortable promise. If therefore Chiist Jesus cnmeinto thc\\orldto save sinners ; without doubt he is come tor my sake tor*. Theretbre, O my sins, why do \e trouble me? Jesus Christ is here, who will take you away from me Sing and rejoice, O my sou), with Jacob, Gen. xxxii. 10. *' I am less than the least of thy mercies, and the truth thou hast shewn uiito thy servant." With' David we will say, 2 Sam. Vii. 19. " What am I, Lord, and what is my fulher^s house, that thou hnsl bmufrht mo thus far?** With the Vir;>*in Mary, vo will say, Luke i. 47. " My 9oul magfiiities the Ijord, and my spirit hath re- joiced in the God of iny salvation ; fur he hath done ti^rcat tiling for me, and holy is his name." And here ye great commanders, gire me leave to present you with this humble 6U])pli- cation, that you would not take it ill, because tliis writing comes to you in a homely stile, yet it is penned witli a gtMMl intent, and that is enough. Because i am neither divine, nor philosopher, but have by profession been a soldier, I have written things in very coarse language ; yet I hope no pious man will thiijk ill of it. I have written nothing but what 1 have seen >vith mine own eyes ; I grant, ^ on arc not all such persons, as my writing seems to make out, yet must contii'SLs that 1 have known abundance of such, but will not call them by their names. I am sorry I have seen so much, and have not esclic\Ced that evil, which hath at la&t brought luc to shame bclbre thft world. XXIV. I shall in the last place, briefly ac- quaint you ^vith my coui-sc of life. Aboiit U7 years ago, my father of blessed memory, sent me out of SweJeland to Germaniand, where for two years together I a ent to school. Two yeai-s afu i' that came the 3Iuseovite8, which obii.r' d us to flv bock to Swedthmd. About Qii } e;i'. 3 ii-^^o, I feft Sweden, and went towanls Poinc rania, where I sevveil the elector of Bi'andenbnrg a quarter of a year; from thence i went through Poland towards the GermsM crnprror's dominions. Fr-im Bohemia J lravcll<.d into the rsetherlands. from thence into ri;»nct'; from Fiance again into the Nel^ierlands uith the army: AUor the pcacv.', I wert h:\fU t) Dohemia, Ajislria, and Ilui';:;^ary, and :i(*l('r that again to tlie Netl^evhm'J.--. \viiere I .-li»\«d 8 years, from thence I went hataiT, to lu-iiiind, Denmark, Swjdtn, IV»l;.:i(l, and tliui to H«»!st«in, w hid I was in the yt\ir m. Diir'.i^ir ilic'sc r?.' yeqp, 1 have been a Papist I'i \Liiis. l)fcoi)se I was ronmioni> \\\\ tiiat tinic ill Popi.h icihlorioj ; but in Iiul:ilcia in 1 6S2.— Tito/ of Count Comngsmark [ llff the year 81, I turned again to the LDthemi rdigion^ in which I was bom, and baptized, and in that, God willing, I mean to die. 1 could no longer bear with the J^opish religion, liocause of their many saints and intercesvon. There is no religion, comes nearer to niiof, than that of the Protestants in Knglnmi ; God grant they may 1I\ e in peace with tbe Cah iraKli to prevent quarrels, and in opposition to the l^ipi^ts. Ah ! my dear Jesus, look upon me withtlic eyes of thy mercy, and chaste.i me not ac- cording to my desert. I tirmly hf»pe, tlwm wilt not dismiss my broken conh-ite heart with* out a blessing, the rather, because thou didsibe- Kjieak the |hM>r thief upon the cross, uith these comtbrtable wonis ; This day thou shalt U with me in Parailise. O Jesn ! h t me also hear this word, and my soul will be sale. 1 will not cease praying to the very last, and to say, liOrdJesu, into thy hands f coniiuend my spirit. These shall 1k^ my lust \^ords, and u hen 1 can speak no more, 0 L(»ni Jesu, tboa wilt accept of my si^hs, for 1 believe thattlioa earnest into the worlil to save simers, of whom J am chief. Now, liord Jesu, strengthen me in all my sufferings. Thou savcst, Con^ to me all ye who arc weary and heavy laden, and 1 vili rciUsh you. in this faith, at thy command, 1 am co;iie, but altogether imworthyf 0 Lord JeaUj heal thou me, tor thou art tot true physician cf souls. Vea, liOrd Jcsn, 1 confess, that nt frresent I feel greet refrcstc ment in vry ;:;mul heait. I am as an a^rmed man, who u'oes ngainst his enemy, and will not draw b xk o;u* ?Up, but fight courageously. Now, my Lord Jc:-:n, thou hast armed me witb a ste({r:i.<.r. i'ailh, aiid co;)riiionceinth''e. Gnnt me, Loid J :.su, that 1 may be thankfid for thif gr^\it iT.orty and goodui^ss ; let i;:o wrcstlo bold I V, and press through life and death, 1 hallelujah. Let me say, Lord Jesu, with St. Paul, If God bt; f. r us, w !io can be against us. Nay, he liatli I'ut h;;arLd his own Son, but hath given liini for our sins. Who will accuse the elect of God ? It is God that justifies, who \vill condemn? Il is C:hri.->t that die<l, who sits at the riglit band of God and intercedes for us. Who shall sopanitc us irom the lo^e d God.'* shall iroul^ie, shall anguit;h, shall per- sceulion, shall hunger, shallnakedness, stud) l»eril, or the sword :' As it is written by David, i^al. 18. 53. " The Lord make my darknen lii^ht; and the bl(>i?d of Jesus Christ washnM and puriiy me iVom all my sins." Amen, Jcru. AiMcn, Amen. 'W'latovtr titale or dignity a true Christiai is iif, lie must not make hght of prayer, oi ti:i:ik, I ran pray to morrow, and this busiuea I must do to oay. Ah! Chribtian, let thj business be ratlicrlaid aside, except thy fellow' cliristian should be in the pangs of death, o thy house should he on fire, lor these tiling may cause mor.'^ than ordinary trouble. Ne gleet not the strvice of God, (Virty son, nor th festivals of the churcii, fur I can tell, whi STATE TRIALS, 34 Chaklbs II. l6sS.~Md otken,for Mttier. [itS wnuld gftvc bim 3 or 100 dnllan F I raid, I t Ibe effert of thftt neglect, tn a wonl, ig ihoulil have m miicli of yoiir rare, u ercisp or prav rr, nnil f^in)( totliehousf d, « here vnu iDUst not sit idle, liut wnrk ! vincyara, that ymi in*y recwve your ', wliirh the Inrd of Ihe vini'yani viU at *c. Cunsi<li.T tliis, lor Christ bit Mke. .Amen. >iy suett Jesiis. .4mea. V. And now 1 iiill let VQU Lnow hoir, ic tu tbat late miiiriirtiiiM: here in London, the end of October iaU I catne to Lou- nd lodged in the cily, t\fr the Royid mtfe in Broad-tlreet, in ihr Dnich onli- at the sign of ihe City ' f Amstenlani. I luul been there ■ nionih. a gciidonian lo loil|,'c there, nho called liimtclfVal- but hb nameis Vratz; lie nml 1 bep:aD ar<|UBintc(l : at last lie luld me he hud a 4 tu tiic ; lo ivhom I Teplied, Tint to the 1 of tnv pnivcr he mifflit cnintnanij me. To > uidlie liail a quarrel with a frcutleiaaii, Mired niG lo he his heoiuiil. 1 told him, It anv coDsiduration, I \ruuld. A furt- aller nctohl me. That it was (food living tiuuts ; and it' I would tnkc a loit^nng in ilacc, during the fbi'.r weeks, lie should I LontloQ, he would |Kiy forni*. Here- lie took four serratita, aainetimea he was irrj-ing, sometimes ftir fi(>-htinj,'i and if dd 1(1^ line, who would kill the genlle- be said, he would give him SOU, nay •liars. There it rested lor a n bile. He ■e>l two of bis Hciranln, and wns going for (, or lloUtLod. The two servants cod- Iwitbriut pbcei, tiix ilnys ailer, I took if my acauaintance i uid aftermy things <m two .laya on ahipboani, I went to the no cfaurcn, where 1 receired a Irtter rajit. Vratx. O unhnppy letter! The UwereastblluwB: :; lam sorrj' i could not have the bn- tn lake my Ipare itf you ; hut be it all to ad>niit3gc. I am guing fur Fmnce, yet iMit M vet a certain coimuission. In ■icwi while be pleased to continue, either Ir. Blocks, or In the city of Amstcnlam, n 1 will not tail to pay for all. I an), ob'.ised Eervuit, Ue Vr.4TZ, alias Ue n- I bad read this unhappy letter, I ed roy resolution, and staj e<[ here and d my ihintcs from the shi|i, and went lo in BUdcinore-stteet. Alwut 10 week" le returns to Lmilon, sends for [ne, and I i and Itimself took a kntgiug in West- er, wliere 1 waa with hiiu ; aud the count if hj one oigbl in the csplaiii'ii and my g. The captain then akked kil-, bnw a did ? I told him, I aml.l not tell, for Kter sMU him. Tlicreu|>ou he tuld iiic, t MC now, bow to onler it, thai 1 may H biia, if 1 could get hut nonic stout ^— Do you know no FrcnchTncn about •r what utlter peopletheru isl* 1 said, I , ttt. Then be added ; Could not one ■ tuliaii, who nisht diapatsb bim, I : Hereupon he got tbiir brace tt pistols, thrceUttle ones, and one brace of great ones. The great ones, and one hrace of little Olios, he had by him bdiirp, and two long ■wonlsj and then said. Now he is a dead man. He pmyed ne to csusc two poniards To be made, HbereoV lie gave nic llic r'rau^^it, hiU I would not do it. And now be had a rnind lu draw in agrcat many more. At last I boil a very slrai^ ominous iln«m. He saw I was muang, and tlien asked inc, what 1 ailed f I told him ; and he louglicJ, saying, There woi n-j heed lo (« ijiven to dreams ; yet the dreau) proved too tnu^ Now, I saw, be w.is rcs<dved lo kill him ; when tliercfort he imjHirtuned nw to eo|ra|re more ineu in the bn^inesa ; I toM him, \Viiat ran you do iviih so many )iea[de, cannotyou take tliree horses, you willliii?euM tor no tiiore? IIiTPiipon he ticlched out money, and oil llic Friday before the raunler waa done, he bought three lintsn. Un Sunday following he told me, laballtri'tabravefeltaw, (^that was the miserable Polonian) wlin caiiie to town on Friilay, and the Kkjodny ai^cT he killed the gentleman, (acoordiugtu order from his mastfT) and you know whu his master was) myseif l)ein|r, then alas! in the company. Half lA hour jiajt four, the gentleman went hy in bti clioriot before our ivmdow. Thereupon w« H ent for the horsu, and atlcrwards rid toward llie Pa!liii»]l, where wc met Ihe gentiiman in bis cliuritil, 1 rid brdbrc the ennc'u, llie i-aptain went clirsc by it, nnd thva cried, Hold, and shewed Ibc iMonian the man in the coach; who thereupon gave tire, and shot four or fiva bolkts into his body. They say, he lived till next morning, aiul then died. On Monday tullowing we were all taken prisonen, atia must now die loo; we have yetfuur days t« live: Tlie great God i>ardon us this sin, for Christ his sake. Amen. For I repent from tb* bottom of my liairt, that in my old ace, la which Iwas advancedniih Iniuour, 1 sbouU come lo thiit dis.ister : but it's dune, and cannot be remedied. It is written. The days of our years arc few, and when we couic to our twK age, it is then but labour and sorrow. Mciiu:ra.v'uin,']1'lK letter, tlie captiUD (hew- ed inc one dat , was to this purpose: 1 hava given Cnptaiu Vratz full coiuinissiwi lo dis- pose r.f ihu placea of captain or lieuie> nunt, to v.li<<uisiiei'crheshHll liud capable of it. Solar 1 read the kttur, live linn lower Flood Ihpse words, liUO Uullars, which waa iMjt the raplaiu's lutud, or writintr, it was hish DiUi'h. IgCLnnc the letter ihnw Itduwn upon the table, but he put it up, and underneath, lb« letter was ugncd, roiiin^jinark- Thus much I haw, but niBile no furthi-r n-tlcctioiiii utiun the letluL", becDUKe, God knows, 1 was l>liiulcil. Aiuitlier .Menioraadum, I haiefiirgut in tlie puKra, vvhich lifter my death are like lo be published, viz. It hulfi been twiw in my ilt'iughis, n lull lapt. Vratz » as in Holland, ta iro and tell Mr. Thvnn, what lh<^ cupluin inieMdcd ^[aiiist luwi'but I Ml forgot. 119] STATE TRIALS, 34 CuABLCs if. 1 drsire the doctor, io case any thin:: of the captain's wnun^j^* sliouid coiuealiroad, to com- fiare what he saitb with my cuul'essipns, and to consider one w itb the other. Give unto Cssar the thin:^ that &ri Cigar's, and unto God the thinirs (hat an- Grid's. I Lojk: f shaJl go with the I'uMican into the tent pie of G'kI : I am a f^reat sinner, yi-t God's mercy is irreatcr, whftrfrin 1 trust*; nor %t ill Chnst*therct1>re re- fuse a soul, thou:;Ii the tKidy is hanged up by the world. .^ly fiords, ye jii'.lires, 1 do w ish you all hapi'iiness, 1 contV:.«s'you hate a weig-hty ot- ftoe, Cio«l pie \ou his* vrace, that jkou'may iK.ilher ailil to,' nor dimiuisli tVoiu a cause. You haie seen bo«v I exposciJ all my tailing and that openl \ . to Gf mI, and to the \» Cole w orTd, Lecaibe otlier» may take warning bv me, whom J leave UrhiiMl mc'iu the \«rirlil. rbr<:^ of God, tliat people may couMd'T this my poor writinCi ilie eflect ot tiie <'i>»Lstai)Cf of Gofl's spirit, and thr- dr. tire of :i iiiiiii.<» si>ul. Thn faptain ilesircd i:ie. t! at I would cause tiio da^^rers to Ik- made, In cau!»e :it first it iias rtsolvdl, we should i\M uinmi Mr. Th\nn on foot ; and he uonld li:i\e n.id some Italian or UhfHher, to tliru^t iln in into Mt. Thynn's liHiJv ; yt't I m-iihr.T lo<iki-il oiit for a man lit I'ur thai pi:rp(rse, fioru«iiiiil I cause those dam- per i i'# hi: made. Thi; iiinscpictrKin. or the spin, 1 feu-hfd indL'c.'«l; but it was out id' a h<iuse. Mliii;!i l\it' cajrtaiii dcscribeil lo nif. 'i'he hoU |Ms;»io(i ofJoui ('liri?»t prr:sen«? nic ; iIk* iimo- rani ldo'>d of our L«jrd striiijjrih* n nu- ; the pure bl'md ijiat tlowcii i'loni his side, wash me ; lh«.-Lfi<.;il pain of J|.:,u., Christ lioal me, and takir aua\ tlie dtadiy uoiinils of my soul. <> l>«iuiitifiil .1. '.lis. In :ir uw ; hide inr in thy holy \WMiiif!f« : I'roiit thx ('(iii);i;!>!:ioiintc heart, let ili'/re Ihnr into niy'viicki:d hea't, mercy, coasfiirr, slrcumh, aiKl'iiariloa of all my sins.' ."My l>onl, aiiil uiy d'od. if I ha»e but thy most holy pashioii and death in my soul, neither luaveii nor earth fsiu luirt me. O Jesus! 1 crei'p into thy q^apinnr \wjund.s, there 1 shall be M.'CiUT until th«r wrath of God be over jiast. O lyjnl, lit m('alvta\s ad hi. re to thee; keep off i'roiii mi' all tin; u;«sault.s of Satan in the hour of my di-ath. O niv ilt.'ar«;st I/ird Je-siis, who hast s)»<ikt: coinroilalily to the pi'iijteiit sinner on the €vo.,s 'id I to iny'dyini,- Inari, and s|H*ak c«>m- *'M t and I'oiisidution to ii ; assist me, that in my l.i».tnc<issitN, tbniii::li ili\ iielp, I may happi- ly o\en'oui«.'; and when 1 ran Kpi-nk no more, accept of my siiihs in iii(;rcy, and let me <:on- liiiiie an hi ir of cl: rnal I. tjijiities*;, for the sake •>f thy iiicisi holy blood, wiiieh thou hast shed lor m<:. .\uieii. I^ird ,>\'su ChriM, my lord and S..\Joiir. Amen, \nien. O .Ic. u, rereive my puorhoid into thv hands, then sliai! | ili.> tlj\ Ni.Tiai.t. My soul I eoin- II lend to ih«:c, aucrihen I shall i'fxd no |iain nor sorrow. A II nil. Amen. Ameu. 1'lnsr e,;a«'iilatinns ait; parts fd'such spiritual «iu&;:i, as aro usually sung; in tlie Luthcrao Churchi'tf. 1. JVly wants and my necessities ^iucvC Jesus, 1 cBtriurt with dice. 1 6Sfi,r^TriMl of Ccmi dmingmark [if 0 j Let tbv good will protect roe Lord, I And wlial's most whoie»iiie. grant tiMM Mr. ', 3. Christ is mv lite, death is my gaio, j If God be tor n^. I am ad'e. I S. )I^' Lord, mv God. O pit^ me, \S ith free, w itb und»cn ed Grace ! O ! think not on mv Liievoa^ sins, I And hoH 1 havedetiled my sfiul. 1 IV hen in my vouthful days I err*d, I Afipun.st thee Lord, thee have 1 sino'd ; 8iim-d then, and do sin fwry day : Thee I iiitreat through Cbnst Tnican, \V ho was incarnate for my sins. 4. Consider not Lurd Jesus (.'brisl, How heinous my transgressions are ; liet not thy precious name, O Lord, VfC hfsi ou'this unwoithy wretch. Tliou'rt callt-«l a ^!avionr, m> thou art ' ^^ ith mercry Lord, look on my soul. And make thv merev sweet to lue : Nueet. Ia^iiiI, to all eieruitv. 5. Aliui;;hty Jesus. son of God, W ho haat ap)»fased thv tifttlu*r*s wrath : 1 hide mvself within tiiv wounds ; Thim, thou, luy only comfort art, Ameu, thou art, so let it lie : Give to my faith, ^\e f*Teater strenc^ ; And take tnim me all doulrts away ; ^Vhat 1 have pray'd fur, giiu ine'Lord. In thy (^at name my soid hath pray'd; And n(»\t her joyful .Ameu sins^. * .\>k, aud ye shall have. TIIE CONFESSION OF GEORGE BOnODZVCZ, Tlie Pcduuian, sipied with his own Handii IVison, before bis Execution. I Geonro BoHKlzye/. do In n*, in few words, intend to make known to the \iorld, how 1 came into the ser^'ice of count Coninp^mark. AbiHift ei<;£'liteen months ai;o, 1 was rec«*mmended« by letters to the (piarter-master «;fU(Tal Kempil •Siadeu ; and fniui tlienet* I was to be sent ti the count at Tan^^ier ; hut by reason uf tbe hard ^wnter, 1 was stoiit, fu.- tlie ship iu uhioh I was to •Tfi, stu<-k ill the ice in the nvcr Elbe; this maite nu* stay till further oiib*r. In Mareb last, Lrecci\e«l a letter, whieli urdii-eil nieto tro and stay in a manor bclon^fini;; lo tlie C4iunt in the bishopriek of lireuieii. and then exjKTt new orders fnmi the count. \t Irtst I m-eivwl a letter, with onlers, to come h\ ladl for Holland ; hut destitute of an op|mrtuinty» I staid till the IQth of No\emlier, 1681. Aid then new orders came, that 1 sliouM come ftr England to the count's brother, w here I shooM fetini horses, and oinvey them to Scraibiirgh* And accordingly I let) llambitn;1i the 24th if December, 168*1, and wm at sea till the 4ih ff Pehnmry, 1689. When I came to LondMl I lay the first nip^ht in the city, bard by thi Royal Exchan^, «t one Blocks ; and fmB thence I was conducteil to the count's bivtber, and from thence to the count himself, who vi0 to be my nuater : When I came to hin, ctf^ m] ' STATE TRIALS^ 34Chaslbs II. 1682.— «iul Mhar$,fw Akurier. [its Tmx hang with him, my lord told me, I iUiiU be with ca|ft- Vratz three days, tittthis, i c. the eooBt'fi hetfgAfire mml goods he had on 4ii|taird, came. Whereapon the captain said he would aend his man for me nesct day, whicli ns Smday, which he did accordingfly. I won with his man, and my lord charged me, I shootd 60 what <»pt. Vratz should order me to h. I went thereupon to my chamber, and aid the Lord's Prayer. On Sunday, about one of the dock, came up the captain's man iur ne, and brought me to the cantain. WlKn I saw him, he told me; *' It is well you weoome, for 1 hoFea quarrel with an English ffentleoM& ; I did formerly send him two chal- bpes, but be answered them not ; iv hereupon cooot Coningsiuark and my self went ibrFrauce; kit that eentleman sent six fellows after us who vere to jsiil the count and me. Accordingly tkp^ came on us, the count received two voandii, we killed two of them, and I am now come hither to attack that gentleman in the opm streets as a munlenrr ; and as he hath be^D, so I \^ ill make an end of it" Whereupon k pire me the gun, which I should make ose of to kill him. When hereupon 1 pleaded witbcapt \'ratz, and shewed myself univillintf, 8i)iD^, that if we were token, we sliould come tot very ill eml. He answered, 1 need not Imible my!Belf about that, if w e should be taken prisoaers, it was he that must suffer for it, not I ; and for my service, he would recommend RMi to count Coningsmark ; whereupon I thouglit with myself, that it might be here as it a in Poland, viz. Where a servant doth a thin^ by his master's order, the master is to nfPcr for it, and not the servant. He went therefore soon after for our horses, arfnd toward the Pailmull. The captain told ■e, I will 9top the coach, and do you Hre ii|M)n (be mtleman ; which was done accordingly . Laid have mercy upon me. I am heartilv sorry, that my honest jjarents BDrt receive tnis unwelcome news of me ; the Ahnigfaty God take care of my soul. I have Bctt confidence in Almighty iiiod, and know ■it he hath offered his Hon ufioii the cross, fcr tbe sins of all mankind. Therefore I be- iere, that satisfiiictioii was also made for my M; and in this faith, in the imine of Cod, i win cfie. luord Jesu give me a happy end, for % bitter death and paHsion sake. Allien. That pity it is, that I should he about the vsee of seven weeks upon the sea, betwixt Hamburgh and London, and in great dunger ^ and night, and yet should fall at last into littB unexpected niiiiibrtunc ! 1 can bear wit- Mm, with a good conscience, that 1 kne«v aothing of the business albrehand : Thr o^ivut God pardon those men that have brou;^lit me to this (all ; GikI keep every mother's child ftvm ail such disasters, lor Christ his sake. Amen. . And f desire the doctor to pray ftu- me, and to let all the world know my innocence after I am dtady that meu may see and fear. GSOBGB BOROSKY. PosrrscRiPT. The lieutenant did often desire that their tzaminations before the -justices of peace mig[ht be published mith their other papers jfm* dien oy the questions put to them, all particulars were brou^t to their remembrance, which in the conditicm in which tliey w ere, they could not otherwise recollect so orderly ; and bodi he and the Polander did always 'refer tliemselves to those examinations, and to the last averred the truth of them in every particular ; there- lore it was thought necessary to jmblish then together with their other conlessions. THE EXAMINATION OF LIEUTENANT JOHN STERN, Taken before Sir John Reresby, baronet, and William Bridgman, esq. ;' two of his Majesty's Justices of the Peace of the county of Middlesex, Feb. 17, 168*2, This cxaminate saith that seven montlis ago he came into England, and lodged at tne Amsterdam Ordinary. That sibout five wc^s after captain Vratz came and lodged iu the next room to him, and in a few da} s inxule an acquaintance witli him, and said to him. It is dear living here, but as long us I stay it shall cost you nothing. This place is (War, I will go and fodg^ at another place. Accordingly they went to an house in St. Nicolas lane, where the captain paid iur him. That the captain tuld hun, he had a quarrel w ith a ii^entU-maii with whom he would Hght, and that ne wanted a good servant or two. That about 14 days atier the captain went out one morning, saying he would n4iim in the aftenioon, but that be sent for his txKits, aud came not again ; that s certain taylor, who wrought for the captain, cuiiie and disi-harged the lodgitigs. That the Sunday tol lowing he received a letler from the captain, excusing his going away, and saying he would return in eii^lit days, but he came not in nine or ten weeks, that in tlie said letter the captain directed him to ^ro und lodge at the Amsterdam Ordinary, or one Jiack's, saying' he would dc-iray his charges. That the captam came to town again a day or two after the Morocco amhaRsador had been to see the gunnlsin Hyde Park. That the examinate then nulling the abovenientioned taylor (who is now 1»ris(>uer) with the cajitain's sword, which he Liiew, the taylor told iiim the captain desired he w.tuld come and see him ; that heaccord- iiii^^iy went, bit nothing past between them ihi'U of any moment. That tlie next day the cajituin came to him, and began to disoourse agiiin aliout his quarrel, repeating that he wanted a giNxI servant or two, for he ^onld fight. That about 9 or 10 days affo the captain told him ho should have a gooa servant sud- denly ; and that if he this examinate would assist him the captain, he would make his foiiuoe. That the captain gave him nooney to buy a musquetoon, which he did accordingly. That this oay se^ennight the captain boagnt i23] STATE TRIALS, 34 CnABtss II. l682.— Tr/ir/ oj Cowid Canhgmark captain seemed concerned, hut pn plucked out a letter wbidi wa« si<jnied Cc mark, in which was expressed tliat the gtkve the captain full power to dispose captain lieutenant's place of his repfimen iujF at the same lime (liiis cxaininate not wniine' to receive the letlci- at first), W you think I would be one of the dojsfs or decei\e you? Tiiat he afterwards' s wank the eud of the letter the figures (which he tliuiks was to express rix d but what tliey concerned or related i knows not, for being he had seen the to dispose of th« coiupany , he read no ft JonN Rereabt. ^ViLLiAM Bridg? three horses, aad the day aAer said to this examinate, I must hare the ro^e now. Next day being Sunday about noon, when the Po- lander came the captain said lo this ex-aminate, Now I have got a brave fellow ; and so the captain went to the Polander into another room, and when he came back to this examinate, he said to him, this is a brave fellow iudecil, for he says those that will not fight must be killed. That aflcr dinner the captain seat out one of his ser>'ant5 to know whether the gentiemaii with whom he had a quarrel, went out, that the servant brought word he was gone out, whereupon tlie cajitain put on his boots, and sent this examinate ibr two horses, to be brought to tlic Black Bull in Holbom ; soon tJHer which another person brought a third horse, and then the captain, the Polander, and this examinate got on horseback, and went towartts Charing- cross, and having gone further in the Pallniall, this examinate being about ten yards behind the coach (which he had met and passed) heard the captain say stop or halt to the coachman, and presently !:card a shot, and saw /the fire, upon which he turned about, and saw the other two persons ride away whom he followed. Tlie e\uminate being gone out of the room, and desinnor to be brought in again, further taid, that the captain iuiUi often told liim, that he would give two, three, or four hundred crowns to find a man to kill Mr. Thynn. His furtlier EXAMINATION, taken the 19th of February, 1682. lie saitli that he had it in his thoughts twice to go to 3Ir. Tliynn and aaiuaint him that the cr.ptrjn wns n-bolved to kill him. That the captuin dctjircd him to get an Italian that would st'ib a man, and tiiat he this examinate would got two poniards maile : and asking the captsiio how he would have tlicm made i* tlie Cuptaiu took i)en, ink, and paper, and maile a draught of then I, lulijing that if he could find fiucli an Italian, he would give him three or four hundreii ch)wns, that this was before the Polauoer came over. That u,)on tlie same day when the nmrdcr was committed, the captain bid him charge the musquetoon with fifteen bullctv, whereupon he replied, that then they shuiild kill tlie footmen, and all about the roach ; the captain answered, it matters not fur that. That Uiis examinate charged two nisLols inore^ but put only five or six bullets m the musquetoon. That some of the bullets were wrapt up in rags, with rosin povi dored, which would burn. That he heard the cap- tain say (as he thinks to the Polander) that if tho duke of Monmouth were with Mr. riiynn, nothing must be done. That the captain' told him, if he would assist him in tliis business, he would procure him the command( f a com- pany. Tmi he sitting one day melancholy by nimsclf, the capt;un came to him, and asked him what he ailed .^ Whereupon this examinate said, that he had dreamt that four dogs did fly at him, but that two were chained, and the otjicr cau^t hold of him j upon which the THE £X.\MINATION OF GEORGE BOROSKY, A Polander, the 17th of Febniar\', 1682, ^r J. Reresby, bart., and William J man, esq., two of Ids Majesty's Just the Peace for tlic county of "hliddles Who saith, Tliat he came into Engh the desire of count Coniugsuuirk, (exii to him by his mcrchantjat Ilambiii^l knew jiot for what cause ; but after he count Cuuingsmark told him on Saturd 11th instant, that he had a quarrel wi English gentleman that had set six p upon him upon the road, in which confi was wounded, and two of the assailant: killed. Therefore since the said Mr. 1 did attempt for to kill him, he would m: end of it. He further said, to morrow come a certain servant to conduct you captain, and what he bids you to do, th are to observe. That a }>ers«in came on day morning about 1 1 o VlucU accordingi carried him to another house, where he the person that conveyed him to the cs who told him that he must do i\ hut he bi to do, giving him a musquetoon, a case of and a p<tcki-t pistcd, he having a sword given him by tlie count ; and the captai ther added, repeating it i\\e or six times, we go out together, it' I stop a coach, d fire into it, and then follow me. They ai ingly took horse, and wluni they dk coach, the craptain ha\ ing a |iistol iu his cried to the coach, hold, and at the sam bid this examinate fire, whiirh he did accoi ly. That he being further exauiiued as Hanson's knowing any thing of this e he saith he doth not know thai he doth, as to the arms, there was a blunderbus swords, two pair of pistols, three pocket i two pair of boots tied up together in a i sea-bed, and delivered to Dr. Dub« German doctor, who received them at h house. John Reresbt. WmuAM Bbimi 125] STATE TRIALS. 34 Ch ablbs II. i682.<*-imtf othen,for Murder. [ 126 Xeitarks on the Trial of Count Coningsmark, by Sir Johv Hawlks, Solicitor-General in the Reign of King William the Third. I tfaunk fit to reincinbcr in the same rci^, ikoogli before this time, one case, to shew how tbe courts of justice were remiss or violent, Kcording to the subject matter. All wiil agree that the murder of Mr. Tb^DDe was one of the most barbarous and mudent murders that ever was committed ; in of that murder count Coningsmark, though be escaped punishment, was the most guilty. I do not complai:i that in that trial the chief JiBtice directed the prisoner the wavto make the king's counsel shew the cause of challenge iSUDSt the iieraons calied on the juiy, and challe^ffed for the king, without any I'easou : Ii ii;i9 iiis duty so to do ; and he ought to have diKCted Fitzlmnis the same method, which he iiidnnt : but he was blameable that he did not ad the lieutenant and Polander what they M to say for themselves, which was always kot lefure and since that time, and ought to be, vbich was ait injustice^ and therefore t^vo tf tke prisoners at the tune of their sentences ■U, tbey were n^er tried, though I believe Mgieal injury to them, because they had Sttfe or Botlung to have said tor themsehres. But if they had been asked, ther would kiTe said, as Uiey did before their trials to the joitice of peace who committed them, and as they did uler their condemnations, that count Councaaiark put them upon doing what they tt, which might have influenced the jury to hit found the oomit guilty, which was con- tey to the design 01 the court ; and it was irthe same reason the chief justice would M permit the justice of peace to ix;ud the fBBiimtton of mem and Bon»skv. Ida agree, that what they said (icforc the jus- ioi ofpcaeeivas not evidence against the count ; l^pee that the count being indicted and tricii HMeenary, at the vame time, tlie princi^ials m indicted and tried, the principals could MbegDod witnesses agaiast the count, bc- CMe properly a principal ought to he con- ifidBd before tne accessory he tried ; and there- Ar^ thoneh for expedition both are tried toge- iv, yet Uke verdict always is, and ought to be against the principeJ, before that of tlie Bot'lileny what was in that trial laid thvm ; %lnr, that the accessory being in the same r MtiiULUl with tlie jprincipal must be tried at I Ai nine time. It is true, the count desired h trial might be put ofl^ for two or three days, Hftidi the court knowing what wsis best for Aaoo^nt denied, and not for tlie aliove pre- tadnl reasons ; for an indictment against Mny may be joint, and yet the trials may be weral ; the truth is, in such cases the indict- ■CBt is joint and several. flpppose the wcvmory, at the trials of the principals, had not been in custody ; will any (icrson say, that if afterwards he was taken, le can't l>c tried upon that indictment in which he was joined with the principals ? But besides a hundred precedents not printed there is the case of (jcorge Salisbury ct al' in Plowdcn, fol. 100. wlicrc it was resolved thai though nn indictment against many is join^ yet the Venire may be several against each [)crson and consequently the trials may be se- \cral ; and, if so, then the times of the trial! may be several ; but that which is to be com* plained of is, thnttho cmint, in the opinion of all mankind, at thut time and since, was ths most guilty man; yet the care taken to puni^ the less guilty, as SStcrn and Borosky, was in order to let the most guilty escape ; for I think both Stern and Borosky might, imd would liav« been good witnesses against the coimt, if the court would have permitted it. The count mi<2fht have been indicted as accessory to Vratat only ; for the accessory to all the principals is accessory to every of them severally : ana when the court in their private consciences were 8a« tisficd the count was most guilty, they ouffht to have been cunning, astuli, as my lord Hq« hart calls it, to have brought him to punish* ment. But it was said. Stem and Borosky being indicted of the same crime with the count they could not be good witnesses against him, which I think is no more law than truth : Truth it was not, tor the count was indicted as accessory, the rest as principals. But taking it that all were indicted and tried as prindpab tor the same fact at the same time, why is hot the evidence of the one good against the other ? First, I think there is no express resolution for that point of law, but a late rule given at Kingston assizes upon the trial of a maid and one Saterwaite for burning of an house; and therefore there is a li!»crty to examine by rea- son how the law is. I agree if a man is tn- dictcd and tried for killing another, he shall not be admitted to say, B. did it b}' himself; but I think he may be a good witness' to prova that he and B. did it ; .that is to say, he shall not gi\ c any evidence against another, which tends to acquit himself as well as accuse ano- tli(^; and 1 think he may give evidence which accuse:; another of the same crime whereof hs is indicted, if it doth not tend to acijuit him- self. For it is fl«rrced on all hands,. that being guilty of the saioe crime, doth not disable a witness ; for then llumsey and se\eral persons in the lord Bussel's plot, as it was called, had not been gof>«l witnesses. In the next place, the circumstance of an indictment against the witnesses for the sunte thing he testifies against auother, do not disable him ; Widdriugton ^vas ni- 127] STATE TRIALS. 34 Charles IL iGBZf^Trial 0/ Lord Qng aai aikers, [u% flicted for the same thin§pi, of which he gave evi • Oence against several others as his conplices in robberies. May, the law hath given soinevihat more credit to the evidence of a person indicted as a witness of the same thin^ against others, tlian it does to a person not indicted ; as in the case of an approver, which, as iikamford (S. P. C. Lib. 2. c. 53.) says, was a person in prison (not at large) for the fact for which he was in- <lictofl, arraigned upon an indictment, or an appi-al of felony, who before a coroner a&aisned by the court, confesses himseU' guilty ot the felony of which he is indicted, and not of any other, and confesses other persona, naming them as coadjutors with him in committing the crime of ivliich he is indicted, and not of any other crime ; so much credit shall be given to that confession, that process shall Be made out against the person impeached, who, if taken, Hhull he arrai^ed on that approvement, as if au indictment by a g^rand jury had been foiUMi against him : and if the law gives so much credit to an approver, I think no person can shew me a reason why a jierson indicted is not a ^od witness against another for the same crime. his true, Stamford (S. P. C. Lib. 3. c. 6&) says, if the king gives an approver a pardon, he is a good witness ; wbieb impNes, that otherwise he is not : But it must be considered, that the reason of that is, that an approver being indicted, as he always is, and coniessnig; the indictment, is convicted ; and a person ooo- victed of felon}' cannot be a witness till par- doned. But it will be no argument why &m and Borosky had not been good witocsMS against tlie count before they were convicted ; and it was a like piece of justice, that whereti the count was the most guilty, he was ac- quitted. Vratz being the next greatest offender, wu honourably interred, and Stem and the Vih lander, who were the least offenders in that matter, were hanged in chains. It was somewhat like the new England lav, remembered by Iludibras, (Part 3. Canto S.)of haniring an useless innocent weaver for aa useuil guilty cubler. fiflO, The Trial of Ford Lord Giitr of Werk, Robf.et Charnock, Anne Chaunock, David Jones, Frances Jones, and Re- becca Jones, at the King's-Bench, for a Misdemeanor, in dcl)auching the Lady Henrietta Berkeley, Daughter of the Earl of Berkeley : 34CHAttLE8lL a. d. 1682.* X here having berii an Inii»riiiatiun ))re- ferred against the ri^lit honourable. Ford lord Grey ot Werk, and others, by his majesty's attorney -ci^cncral sir Hubert Sawder, tiie first day of tills 3lichae1iiias-Term ; and tlie lord Grey havin<^ then pleaded to it Not Guilty, and the other defendants, the like afterward, and the king's attorney joined issue upon it ; Tuesday the 31st of November 1()82, ^ras ap- pointed for trial of this cause ; but it was tlien adjourned to this day, because one of the wit- Besses for the king was not ready ; but this day it came on about nine in the morning at the King's- Bench -bar, and held till two in the afternoon, all the judges of tlie said Court being Present : ?iz. 8ir Francis Pcmbcrton, C. J. sir 'homas Jones, sir William Dolbeu, and sir Thomas Raymond. First, Proclamation was made for silence, and then for information, if any (lerson could gjve any, concerning the misilemeaiior and offence whereof the defenilants stood im- peached : thai the defendants licing c^alled, and appearing, were bid to look to their clial- leoges, and the jury being all gnntleiuenof the * See Emlyn's iVefaoe, vol. 1, p. xxxiv, of this Collection. 4 B1ackNtonc*s Comnicnta- riastf5, and Mr. Christian's Note. 4 iiuHk. Hcasofthc Crown, p. 40f), 410, 7th iHlition, by Leach, and the books there cited. East's f1. Cr. chi^. 11, leet. XO, gliap. 9, sect. 3. county of Surrey, were called, challenged and sworn in this order. CL ofCr. 1. Sir Marmaduke Gresbam; 9 Sir Edward Bromfield ; 3. Sir Robert Kniglit- ley ; Sir John Thompson. Serj. Jcffcrici, We challenge him for die king. Mr. Holt. Then we challenge toutz per availcy unless the king shew his cause of cnil- Icnge ; for by the statute of 24 Ed. 1, thekinK caimot challenge without cause. Serj. Jeff, But by the course of practice, iB the pannel must be called over before the luBf shew his cause. Mr. Attorneif General. (Sir Robert Sawyff^ Before tiie party can have his challenges •!• lowed, he nmst shew his c^iuse ; but ibgfi must go on with the pannel in the king's caVb to set^ if the jury I »e full without the perMMi challenged, and that is sufHcicnt. L, C. /. (Sir Fi aiicis Poinberton.) If ibty chall«*iigi>. any pi'i-sou for the king, they moft shew canst, in due time. For 1 take the count to he, iliul the kiiiQ^ vunuot rhullcngc without cuu.tc, hut he is lull Iiouuil to shew his catttt presently ; it is uthi.:rwise in tlie case of aai» tlicr ptrsoi). ScTJ. Jty. That hath always been the-it^ guhir irrturse. Mr. iluU. Our challengin;^ /ott/i |Mr aiaiil^ . doth M't nil t.iii rest aside till cause be sbewa* « 1. C. J. The statute is, the kinc ihalidnir I » r i I«9J STATE TRlKLSj S^CaAULEsUAGsa.'-for debauching Lady H. Berke»Sf,[lS9^ nour^blc Ford lonl Grey of Work ; l{cb«irt Charnock, late of the parish of 8t. Botolph, Aldcute, London, gent. Anne Charnock, wit 4 of the said llobeit Charnock ; David Jones, of the parish of St. Martin-in-the-rie1ds, in the county of Middlesex, milliner ; Franceii Jones, wife of the said David ; and Reheccs^ Jones, of the same, wi«low ; for tliat they (with divers other cvil-disposeil pctsons, to tlie said attorac^y general yet unknown^ the i30th day of August, in the b4th year of tlie reinfu of our sovereiif n lord the khv^ tiiat now is, and. divers other days and li:nrs, ks ^vcU bf fore as after, attliC])Lri>:h of Mpioi^i in tho ci unty vi' Surrey, falsr.-ly, iinhnvfiiih , uiijustiy, aiid wickci'.ly, \>y uiilawliil ;inil iippiiv<' ways and but when it comes in a case between the king and another party, that they both cfaallenge, the other party shall shew cause fint. Mr. HoU, l^Iy lonl, wc challenge toutz per WBaile, £. C. X You must shew a reason for it then. AtL Gen. The V\\v^ shall not be dra\m to Abw his cause, if there be enough in the pmiielb^des. Mr. WiUUiins. Tliatis to say tlien, that the Idog may choose whom he pleaseth aj^ainst the statute. Seij. Jef. No, Sir, we desire none hut honest tnd indifferent gentlemen to try this cause. L. C. J. The old challenge isla!:eu away, by that statute, from the king, * q:iia non sunt * boni pro Domino Rege,* andtlivrcfore if the king challenge any, he must shew cause, hut it must be in his time, and not be (ore you shew yoor^s. Let him st;ind by a-while. CL tfCr, John Handys, esq. Scrj. JefK We challenge him for the king. Mr. Huli. For what cause, Sir? Seg. Jfifl We will tell you in gootl time. Vl.ifCr. 4. Sigismund 8tiddulph ; John Vcston. Mr. Weston. >Ty lord, I am no freeholder. Mr. Holt. He cliaUeuges himself. L C. J. Well, he must he set aside. C/. ly'. Cr. 5. Thomas Vincent ; 0. Philip SawWigh ; 7. Itolicrt Gavel ; 8. Edward Bny ; 9. Thomas Newton ; 10. John Hulsey ; ll. Thomas Burroughs, and 12. John Petty- ward. CL ifCr. Gentlemen, you of the jury that ire sworn, hearken to yoiir charge. ^ dwrrry ss. Sir Itobert Sawyer, kt. his ma- jaty*ft attorney general, has exhibited an In- famation* in this Court, against the right ho- * The Latin Indictment runs thus : Rex ';:tT%VL% Dom* Grat. Mich. 34 Car. Secundi. Rot. 1. tt. Quod Ford Dnm' Gray do Wark R. C. Iner de, &c. Gen' A. C. Ux' nrciV U. C. D. J. r. J. ux' pred' D. J. ct R. I. cum divers' aP makf dispoit' p'son' cidein Attorn' dicti Ham' Regis nunc general' adhue inoM^rtiit' 20 ieAoeusti Anno Uegni Dorn' Carol! occundi tacRegn AngP, &c. 34 et divers it Ticibua tam aiitca quam pnstea apui iwh' de Epsom in Cfom' Surr' falso i^ittte et nequisnmc per iUicitas et impuras Tiis el nuBdias conspiran' ma<'hinan' praeiiraii' (tbtCDden' final' niinam et destruction' Vin- ■iae Henriet' Berkley tunc Virgin' innujpt' Vfyk etatem IS Annor' et un' fifm prenobilis 6.CQmit' Berkley (cadcm Dom' H. B. tunc ft ibidem sub custod' Regimine et educat' yrefi^' prenobil' G. C. B. patris sui cxisten') pred' Ford Dom' Gray R. C. 5cc. et divers' al* Mnon' ignot' adtunc et ib'm falso il licit e in- JMte et diaboKce ad nequissimas nefandis'^iinas tfdiaholicas intention' suas pred' iKTiuiplcnd' farBciend' et ad efiectum ndigvud' pr«d' Dom' TOfc. Ub Jiieans, Cfiii^pjriuL', cont;;v::\i;, prp.clli.ing, autl I iMtnidini^the fni -i ruin 'WA (UsLrac'.um of tha lady Henrietta Dcrkelcy, tlson a vii-giii nnniar- ried, within the age of \\\ yeRi\s, and one of tho dauj^'hters of the ri<^'ht honourable Getirge carl of* Berkeley (the said lady Ueniietta Berkeley , then and there being umler the euKtody, go- vernment and education of the aforesaid right honourable C.^iK>rge earlut' Berkcle^^ her father) thev the said Ford lord Cii*ey, Robert Char- noiSv, Anne Charnock, David Jones, Frances Jones, and Rebecca Jones, and divers othiT persons unknown, then and there falsely, un- lawfully, and devdishl}', to fidtil, p(^rfect, anfl bring to <:ffect, their must wicked, impious, and devilish inti'iit ions aforesaid ; the said lady llciirietta Berkeley, to dcjeri the afcresaiii IL B. ad dcferend' prcfat' prenobilom G. C. B. patrem pred' Dom* II. et ad »Scortac' fomicat' et adulterium committcnd' et in scortat' for- nicat' et adulter' cum prefat* F. D. G. (eodcn^ F. D. G. adtunc et diu autea et adhuc marita existeu' Dom' jMarie al* fd' pre<l' prenobii' G. C. B. et soror' pred* Domino H.) CMuitra omues leges tam diviii' (|uain human' impie nequit* impure et scandalose \ iverc etcohabitare tcnta- vcr' incitaver' et sollicitaver' et tiullibet coruni^ tunc et ibidem tentavit incitavit et sollicita?it suar' hori prosecution ir' pred' prefat' Dom' H. B. ibidem circa jam 12 in nucic pred' 20 diei August' Anno ' al' dieh' | suprad' apiwl pred' Paroch' de K. in Com' »• ipud Pa- I priul' e (fouio mansional' pixnl' prenobii' G. Iso illicite C. D, ihiden» scituat' et cxisten' et e custod' eC Regimine ejusdem G. C. B, ceper' asportaver' et iibduxer' tt pred* Dom' H. B. a pred' 20 die Auffusti Anno suprad' ct contmue poftea cite nequit' et scandalose vivere cohabitare et remanere prorunver* et causaver' et quilibet corum procuravit et causavit m Magn' Del Omiiiuotcnt' displicent' Ad riiinum et dcsl ruc- tion'pretat* D. n »4. et amicor' wioruni tris- titiom et disconsolat' in malum tt pciuiliosg^ titio exemplu , ice. Unde, &c. 131] STAT£ TRIALS, 34 Charles II. 1682.— Triii/ of Lord Grey and others. ryrUt lionouroble Oeorgre carl of Berkeley, iUther of the aforesaid lady Ifcurictta ; and to com mi t whoredom, fiimication, oud adultery, and ill whoredom, fornieatiou, and adultery, to live with the afon.*said Foi-d ionl CJrey (the 8nid Vori\ lord GR'y, then autl lone: beibre. and vet, k'inr;- the husband of the lady Mary, aiiotficr daughter of the said riyht hoilourable (irorire earl of 15rrkelcy, and sistvr of the said ladv Kenrietta) aL^inst^all laws, as well divine asi human, imiiiousjy, wiekeill\,iin|»urely, and s<*Riidalous1y, Ui live and eoHabit, did tempt, invite, and Mtlieit, and every of them, then and there, did tempt, invite, and S4)lieit, And that the aforesaid FonI h»rd C^rey, Robert Charnocic, Anne C'harnock, David Jones, Frances Jones, and Hubecea Jones and other persons uuknoM n, with forte and arms, «Scc. uidawfully, unjustly, and \^ ithout tlie leave, and api i list the wiirof the aforesaid right ho- nourable Geonj-e carl of Berkeley, iu prose- cution of tlu'ir mo^t wieked eonspiraeies Mr. Smith, May it please yom* lonlshi {Tentlemeu, you of tne Jury *, Mr. A\ General bath exhibited an InlbriuatioD eourt, against Ford Ionl Grey of Wei bert C'harnock, AnneChamock, David Frances Jones, and Kebccea Jones, \ nfbr(>said ; the said lady Hcnnett:i Ik^rkilev, len and there, about tfic li<»nr of iwrlvo In thei is set forth. That the defendants, the August, in the 34th year of this king-, som, in your county, did conspire the n utter desltruetinu of the laily Hcurictt teley, daughter of the right hon« George earl of Berkeley ; ami for the bi about this eonspiracv, they have sedu* to desert her tather^s house, thongh under tlve age of 18 years, and imder tl tody and government of her father ; a lieiteil her to eomiiiit whoredom and a< Willi luy lord G*rcy, who was before ma the lady Mary, another daughter of the Berkeley, and sister to the lady I lei Tbat after they had thus inveigled hei did ujKm the same '20th