secured for the use of his Wife and Children If you do believe all this that he hath said he was neither Principal nor Accessary to this Felony but Accessary enough to Weild but that 's not the present business it is whether upon all these circumstances the money having been found with them he being the man that brought the money and his Wife the Jewels whether you do believe the rest of the story he hath made for himself If you believe he had a hand in the business you must finde him as Principal I shall desire a little further direction suppose it were as he sayes that one was within and he opens the dore and lets in others if he himself was one that did come in I take it to be Burglary in them all it was an unlawful coming in So that upon all these circumstances first Whether you do believe that he had a hand in it or no or this fine story that is made Next Whether you do believe this was one that was there you must believe him guilty as principal But I leave it to you L. Ch. Just Hide To the last I say If one comes in by day with a purpose before-hand to rob the house by night if he opens the door which is almost impossible here because the man swears it was double-lockt it must be opened with a key if he opened the door and the rest comes in and robs him that is Burglary in them all Thereupon the Jury withdraw'd and after near an hours consultation they returned to the Court and took their places their names being called they severally answered Cl. of the Peace Are ye all agreed of your Verdict Jury Yes Clerk Who shall speak for you Jury Fore-man Clerk Set James Turner to the Bar. Look upon him how say you is he guilty of the Felony and Burglary whereof he stands indicted or not guilty Fore-man Guilty John Turner William Turner Mary Turner and Ely Turner were by the said Jury severally acquitted January the 19th In the morning the said William Turner was again arraigned and indicted for the Felonious stealing of 45 l. of the moneys of William Hill servant to the said Mr. Tryan and stollen in the said Robbery of Mr. Tryan but the tryal thereof was deferred till the next Sessions Afterwards some of the Justices of the Bench having received intimation that Lodgings were lately taken in Dukes-Place by the said Col. Turner William Turner and others for the carrying on of the aforesaid Robbery the said Colonel Turner and VVilliam Turner were severally examined by that worthy Gentleman Sir Thomas Alleyn who with great prudence hath managed this Affair who pressed several questions to the said Prisoners who sending their said design fully discovered declared as followeth The Examination and Confession of Col. James Turner and William Turner two of the persons in the Robbery of Mr. Tryan taken by Sir Thomas Alleyn Knight and Baronet in the presence of the Right Honorable Sir Anthony Bateman Knight Lord Mayor of the City of London Sir Richard Brown Knight and Baronet Sir John Robinson Knight and Baronet Sir Richard Ford and Sir Richard Rives Knights Sheriffs of the City of London the 19th of January 1663. THat the contriving and setting of this Robbery was wholly acted by Col. James Turner and that it was in agitation about Christmass last and should have been put in execution a week sooner but that the other Friend whom Col. Turner brought was drunk and one White who was one of the Actors would not venture his life with him That there were four persons that robbed him Col. James Turner William Turner White a Sollicitor and VVhite's Friend whose Name they knew not That upon Thursday the seventh day of January instant Col. James Turner VVilliam Turner VVhite and the other person whose Name they knew not met at the Red-Lyon in Bishopsgate-street near to St. Hâ—lleus about three of the clock in the afternoon where they dined Col. Turner fetched a neck of Veal from the Cooks for their dinner and then they agreed to rob Mr. Francis Tryan who lives in Lime-street that night and went to meet again at the same House by six of the clock that evening but the room where they were to meet being taken up they went over to the four Swans or the Green Dragon and there they all staid till eight of the clock Col Turner did then assure them that the dores should be opened for that by his own confession he had got the impression of the key of the dore in Wax and had another key made by it but knew not the Smith that made the key From that place Col. Turner carried them to the New-Market in Leaden-Hall where they sate upon the Stalls for the space of half an hour and then he came unto them and told them the Man and Maid were now gone out and that now was their time Thereupon Col. Turner opened the door with his key and let them in then they went up the stairs Col. Turner leading the way he light a Candle in the Kitchin and went up into Mr. Tryans Chamber all four of them Col. Turner went near the beds feet the Curtains being drawn close VVhite and the other persons put a cloath into Mr. Tryans mouth stopt it and bound his feet and his hands Col. Turner brought down the Key of the Ware-House and the Counting House out of his pocket opened the Ware-House door and the Counting-House and took the Keys of the Iron Chest and took out the Money and the Jewels VVilliam Turner carried two Wallets with four Bags of Money as he conceives and Col. Turner said that the said VVill. Turner carryed four hundred pounds and VVhite carryed two Wallets more supposed to be four Bags of some hundred pounds Col. Turner and the other person carryed the rest of the Money only Col. Turner carryed away the Jewels in his two Bags That VVilliam Turner did not see any money but as they said it was money They did not stay in Mr. Tryans house above an hour That they carryed all the aforesaid Money and Jewels into a Lodging in one Nicholas Hickensons house in Lowsie-Lane in Dukes-Place which they hired some days before pretending it for the use of a Master of a Ship his Mate Purser and Boatswain They carried the money in about ten a clock at night when the Maid let them in they blew out the candle carryed up the Money and Jewels VVilliam Turner going under the name of Purser Col. Turner and VVilliam Turner came away that night and left the Money and the Jewels there the next morning Col. Turner fetcht away the Money and Jewels at five turns to his own house and saith that William Turner was to have a hundred pounds of the money for his pains VVhite and his friend twenty pounds apiece for their pains and Col. Turner was to have the rest That VVilliam Turner knew not of any of the Jewels nor VVhite none but
not how my self I got to the chamber window which lay to the Street I called out Murder and Theivee my Neighbours said I call'd with so strong a voice they wondred to hear me quickly after many of my Neighbours came in and one Mr. Peter Vanden Ancor a Dutch man that selleth Rhenish Wine he came in and unbound me and so after I was unbound I went down to the Ware-house as I was without cloaths about me onely my wastecoat and shirt and saw that they had been there I considered those that had done the thing were very privy to my house they knew where to fetch the Key of my Cash in a drawing box taking the mony there which was about one thousand and odd pounds some plate there was they did not meddle with it L. Ch. J. Hide How came they by the Jewels Tryon I forgot something concerning some Jewels these Jewels were in a drawer under my Table in the Compting-house he was privy to that because he did frequent my house very long and was very familiar L. Ch. J. Hide Who was privy to all this Tryon James Turner L. Ch. J. Hide Mr. Turner would you ask Mr. Tryon any Questions Turner By and by when I come upon my proof William Hill Mr. Tryon's man sworn All that I can say is this when I went out I locked the door double and those things were there then L. Ch. J. Hide About what time Hill Seven or eight of the Clock L. Ch. J. Hide Was he a bed then Hill Yes my Lord when I came home again I found all these things gone going down into the Compting-house we found some Jewels gone and some left and those were inconsiderable to those that were gone the best were cull'd and gone on Saturday Collonel Turner was Arrested with two Serjeants and sent the boy at the Hoop Tavern for me I took two friends with me Mr. Girney and Mr. Pilkinton he prayed me to speak to my Master that he would give Bond for him that the Serjeants might discharge him and he hast about his business or else it would be spoyled proceeding into some discourse I was saying to him it was a great providence that I and the maid was not then at home for if we had we should have been killed he answered saith he no they would onely have bound you and the maid I asked him how it was possible to get in he answered one went through the Entry in the day time and there lay till night went up staires found a candle light it went up to his Chamber took the Key and went down and let in others Turner This story I was informed I told him Hill I asked him how he came to know it he said he examined them L. Bridgman Did he never tamper with you about making Mr. Tryon's Will Hill Yes my Lord he came to me about a year ago I went with him to the Cock behind the Exchange it was in a morning he took me privately aside told me the old Gentleman your Master is very sickly cannot live long had a good Estate or to that purpose and it was pity he would never make a Will and such an Estate should go to the Building of Pauls saith he I have prest him several times touching making his Will he said he had done it when we both knew he had not and I believe he will not make one He told of one that could Counterfeit a hand L. Bridgman Was it not Grainger Hill Yes my Lord that that man could Counterfeit a Will and I and Mr. Garret and another good fellow should be the three Executors and a third person Overseer and that would please the old man I answered I would not have to do in such an unjust thing for all the world L. Ch. J. Hide Did you go to Turners to Supper that night this Robbery was committed Hill No my Lord to Mr. Starkey's in Fanchurch-street the Maid went along with me L. Bridgman One question more you said you came in and sound the doors open did you come in before the Neighbours Hill No my Lord I had not known of it but that one Gentleman at Supper went home with a Gentlewoman in Leaden-hall-street and hearing there was such a Robbery in Lime-street I run with a great fright came in and found the doors open and found the Neighbours within Turner The thing understood touching the Will hath another face his Uncle was an acquaintance of Mr. Grainger his Uncle that bound him Apprentice that lived in Cripplegate now in Cornhill This Grainger had counterfeited a Will touching my Lord Gerrard and some body else about an Estate said I to this young man you have an Uncle acquainted with a notable fellow one Grainger and your Master making no Will speaking merrily this fellow is able to make it for him Ask him if I did not tell him his Uncle was acquainted with such a person Hill You told me so indeed L. Bridgman Hill by the Oath you have taken did he not perswade you to endeavour that you and he and Grainger should counterfeit a Will Grainger should counterfeit a Will Hill He did my Lord he told me That I Mr. Garret and another good Fellow should be the three Excecutors and another person Overseer and that this Grainger could do it undesernably I answered him I would not meddle with it for all the world Turner Go go go this is malice for it was meer jesting with him Elizabeth Fry sworn Mrs. Turner came to my house on Saturday morning last at six a clock in the morning she knocked me out of my bed I asked who was there she said A Friend who are you said I Come and see sayes she I said who Mrs. Turner she said yes I went and dressed me and let her in she said there was a Friend of hers a Merchant newly broak he had a Wife and seven or eight children they desired to secure the money till they had taken their Oaths the money was not in their house She said her Husband and her Son Ely was coming with it I went and lighted a Candle there was she and her Son Ely with the money she asked me If I had a spare chest I said Yes there was one within she went in opened the Chest and she put in the wallets of money I know not how much my Lord. I asked her if there was any more to come she said Yes her Husband was coming with more she went to the door and let it in but I know not who brought that Justice Bridgman Did not Mr. Turner come in Fry Yes my Lord he opened the bags and asked his Wife touching the Seals She said the Gentlewoman that owed the money had desired me to pull them off They offered me twenty shillings for my kindness in it told me they had power to give it from the Gentlewoman desired me if my sister or any should ask about it bid me conceal it because the discovery
would ruin the poor Gentlewoman and her Children but rather to say that they desired me to let some linnen lie there L. Ch. J. Hide Were the bags sealed Fry I see none sealed L. Bridgman How many wallets were in the shop Fry I saw but three and they put one into a Chest in the shop and two in the kitchin L. Ch. J. Hide At that time when the mony was brought was there any discourse of a 1100. pound Fry To my best remembrance it was so Turner Not a word of the sum Fry There was five wallets brought into my house three in the shop two in the kitching L. Ch. J. Hide Had they bags at each end Fry Yes my Lord Sir T. Aleyn You hear what the wench sayes she sayes there was five wallets three in the shop two in the kitchin I took two in the shop and only one in the kitchin Fry My Lord I have two apprentices little girles when all the people were in the shop said out aloud that they saw Mrs. Turner go out of the shop with something in her Apron covered with a red cloth while I was above my Lord. Turner Who should convey it away L. Ch. J. Hide Your Son was there Turner Pray my Lord ask her which is Ely Fry That is pointing to Ely Turner It was false this Ely carried none the Boy knew nothing of it both my Sons are dear to me and if either more then the other it must be my eldest and yet I must say it was John my eldest Son that carried the money this Boy was at home She hath for sworn her self Fry Your wife told me that Ely was to bring some Mr. Gurnet sworn My Lord I met with Collonel Turner on Saturday morning after the Robbery he told me sayes he I have been as good as my word I sent my Son to make some discovery of this business and I did not doubt but to clear my self of it and make a discovery this was on the Exchange says he I have met with them With what with the Jewels and Money Where are they I have brought five hundred pound the rest with the Jewels I shall have at three a Clock this Afternoon Will you be there Yes said I who were they they were Friends Friends what and use him so barbarously O says he they were two strangers they went beyond their Commission Maj. Ralph Tasker sworn On Saturday morning I met Sr. Thomas Aleyn passing by he called me says he there is a business in hand pray go along with me We went along through Algate and into the Minories and passing along the Minories these two Maids we overtook and asked them where the house was they shewed us we went in Mr. Turner was there his hand in the Chest Sir Tho. Aleyn stayed it we seized the Money there was two bags of Buckeram I conceived there was two hundred pound in either of them and another in the Kitchin Sir Tho. Allen desired me to secure them I saw a Fellow play bo peep in a back-room and presently was a noise he was fled and gone his son they said it was Sir Thomas Aleyn pressed very hard to Mr. Turner and desired to know whose Money that was Says Turner by the Eternal God it is my own Money with many other protestations a Constable was sent for and we carryed the Money and Turner in a Hackney Coach to Mr. Tryon and there left the Money on a Table with Mr. Tryon they had some discourse Turner came forth and said the Old Gentleman and I are agreed I will trust the Money no longer with you but with the Old Gentleman himself said I let me be discharged of it do what you will with it L. Bridgman Did you see the Bags out of the Wallets Sir T. Alyen We saw one which was sealed I think with the Bishop of Chichester's seal Ann Ball sworn On Saturday morning Mrs. Turner came to this Maids house and desired to come in she stept out of Bed and a-ked who was there she said a Friend she went to the door and asked who was there Mrs. Turner said open the door and you shall see opening of it she came in who is it Mrs. Turner yes says she what would you have I have a little Money I would leave here this she came and told me She lighted a Candle I saw Mr. Turner and his Wife come in I heard a great noise and a quarter I lay still heard not what they said when they were gone the Maid told me what they had brought into the house said I I thought it had been Pewter said I if you keep this Money we shall be utterly undone if you do not tell some people of it she went to her Sister to make her acquainted with it L. Bridgman You saw Mr. Turner and his Wife come in Ball. I did but knew not what they did there she did go to her Sister and so it came to Sir Thomas Aleyn by accident L. Bridgman Now for the Seal who were those that saw the Seal Frederick Ixam sworn My Lord and Gentlemen of the Jury being at the house of Mr. Tryon on Saturday in the Evening I was desired with others there present to see the Bags taken out of the several Wallets three I think I saw then taken out three had no Seals on one was very much defaced and the other had a Seal which being questioned to be the Seal of the Bishop of Chichester it was compared with the Seal of a Letter which Mr. Tryon brought down and declared to be a Letter received from the Bishop of Chichester and those two Seals agreed the Bags being here in Court will be a further Evidence the Letter was produced by Mr. Tryon and owned by him to be the Bishop of Chichesters and they agreed Mr. Hanson the Goldsmith sworn The bag sealed was shewn him L. Bridgman Have you seen the Letter Hanson Yes L. Bridgman Doth that Seal and the Seal of the bag agree Hanson Yes L. Bridgman Mr. Tryon whose letter was that Mr. Tryon Dr. Henry Kings Bishop of Chichester L Bridgman Open the Letter and see whether that be the Letter you received from the Bishop of Chichester Tryon Shall I read it L. Bridgman No. Tryon It is his Hand and Seal L. Bridgman Shew the bag and letter to the Foreman of the Jury which was done and most of the Jury viewed it L. Bridgman You observe this evidence this was one of the bags that was taken in the Minories that Collonel Turner was then removing Mr. Tryon had 600. pounds of the Bishop of Chichesters in bags sealed it appears by the Letter to be his seal and these gentlemen sware this was one of the bags then pulled out of the waller and Sir T. A. has had it in his custody since L. Ch. J. Hide One thing more observe he asked his Wife when the mony was brought into this womans house have you taken off the Seals his Wife said
of St. Andrew Undershaft in the Ward of Aldgate feloniously did receive comfort and maintain against the Peace of Our said Sovereign Lord the King his Crown and Dignity How sayest thou James Turner art thou Guilty of the Felony and Burglary whereof thou standest indicted or not Guilty Col. Turner My Lord and the honourable Bench I shall no way be refractory nor do any thing that doth not become a Gentleman but I humbly beseech your Honours that you will stand my friend that I may have Justice and your Honours opinion L. Ch. J. Hide You are to plead now to your Indictment Col. Turner I do not refuse it my Lord I beg your Honour to hear me a word L. Ch. J. Hide Plead to the Indictment then say what you will till that be done all you can say will signifie little we are to receive your Answer to your Plea first afterwards say what you will you must now say Guilty or not Guilty Turner I shall not refuse to plead but I beg my own Goods may be restored to me my House my Lord is locked up and Children turned out of Dores and I have nothing to support us L. Ch. J. Hide Are you guilty or not guilty You shall have right done you Turner I will take your Honours word for it I am not guilty Clerk How will you be tryed Turner By God and the Countrey Clerk How sayest thou John Turner art thou guilty of the Felony and Burglary whereof thou standst Indicted or not guilty And so William Turner and likewise Mary Turner and Ely Turner as Accessaries Being demanded the like questions severally pleaded not Guilty and put themselves on God and the Countrey to be tryed L. Ch. Just Hide Now Mr. Turner let us know who his seized any thing of yours Turner The Sheriffs Sir Richard Ford and Sir Richard Rives and they are in possession of my house I have none but a Child of 7 and 9 at home and have not a Shirt to Command It 's true the Sheriff Sir Richard Ford was so civill Yesterday as to give me some Linnen Sir Rich. Ford. I shall give your Lordship an account of this I suppose my Lord we have done nothing but what was customary a Seizure we have made now but after we had heard this Gentleman was committed for Felony and Burglary and that none but Children were in the house my Lord we thought it our duty both for his good to secure his Estate if acquitted and so for the King if convicted that so the same might not be imbezel'd and thereupon caused an Inventory to be taken thereof But my Lord we dispossessed none it is true we have left a Servant or two for whom we are and must be responsible what ever they would dispose or had occasion for they had it without contradiction we offered him that if he had any friend of his own that would undertake them to be forth coming in case he were convict we would leave them in possession of them we have made no Seizure what we have done is according to custome if we have not done that which your Lordships approve of we beg your pardon L. Ch. J. Hide We are to look to that which is according to Law the goods of a man that is accused of Felony he is but only so yet he forfeits none of his goods till convict more than that he is to live upon them during his Tryall but on the other hand where a man is accused of Felony and Indicted for it it is but prudence and agreeable to Law to take care the goods be not imbezel'd because if a conviction follow they are forfeited to the King therefore the Sheriffs have done but what they ought to do they are not taken from you what you have occasion for either for Money or Goods to turn into Money for your present supply till your Tryall be over God forbid but you should have it and you shall have it if you have any friend that will undertake the Goods shall be forth coming for the King in case you be convicted or for your self if acquitted it shall be done in the mean time what you have occasion for your self Wife or Children God forbid but you should have it and this is as much as by Justice you ought to claim Turner I submit to your Honour and I beg of your Honour and the Bench to be of Counsell for me for though the world looks on me as a Solicitor it is a mistake my Lord it is not in Law I am a stranger to it it has been only in dealings for moneys by purchases and the like But my Lord I am informed your Lordship may restore me these Goods without Security if the Law directs Security I am ready to give it L. Ch. Just Bridgm. For that that you may not mistake the Law it is very true the words of the Statute of Richard the 3d. sayes a mans Goods shall not be Seized before Indicted you must understand the difference of the Law that has made the mistake it was then good but not now then a mans course was to Indict them and Processe against them before committed but now it is altered for when it remained indifferent whether Guilty or not Guilty he was to be maintained out of his Goods so ought you and your Family for the Town being answerable for the Goods of such a Felon that they might not be amerced in such cases sufficient Sureties were given the Statute of Philip and Mary that gives the power of commitment by Justices of Peace and so now it is quite altered and though they cannot seize the Goods yet they being responsible for them they ought to have good Security Sir Rich. Ford. I do assure your Lordships that from the very first hour we put our people into the house none of his Family there then or now have been denyed any thing in the house if I be not misinformed that very night that he was committed there was conveyed out of his house for his use and his occasions some say 200 l. they that say least say 100 l. they have had a free Disposal of what was in the house and then my Lord could we do lesse then what we have done Turner I would have made a short businesse of this I tendred Security of 5000 l. to their own content they excepted of the persons but one standing by said by no means and so it is still undone If you please I have Security now L. Ch. J. Hide There needs not much a-doe for Security if your Tryall was not to be presently then there were cause for you to insist on this but now there is but one night if you want any thing for this night the Sheriffs here offer you what you will to morrow will determine the Question whether these Goods are yours or no. Turner I will submit to the Court I wil not be refractory here is Security if you please if not I
person robbed being my acquaintance I went to visit him in the afternoon and coming there not thinking but the businesse had been already examined several persons with Mr. Francis Tryan put me upon the businesse to examin it I went and examined the two Servants the Man and the Maid upon their examination I found they had supped abroad at a Dancing-School and had been at Cards and came home afterwards but before they came home they heard that an ancient Gentleman one Mr. Tryan was robb'd and then they hastened home I examined them further whether they used to go abroad after their Master was in bed the Man confessed he had been abroad twenty or thirty times at Coll. Turner's House at Supper about a year since the Maid denied they had been there at all but it is true the mans saying he supp'd there though it was false was the first occasion of suspicion of Coll. Turner When I had examined these two I went to the Examination of Turner where he was all that day where at night he told me at several places and Taverns and in bed at nine of the Clock and was called out of his bed but having my self some suspicion of him I wished him to withdraw I told Mr. Tryan that I beleeved if he was not the Theif he knew where the things were the old Gentleman said he could not mistrust him he had put a great Confidence in him but I desired him to give me leave to Charge him with it and thereupon I called him in but he denied it but not as a person of his Spirit which gave me some cause of further suspicion I desired to search his house nay told him I would whether he would or no he desired to go home I told him if he would go with them some persons there he should but you shall not speak with your Sons or Daughters or Servants they shall be examined by me they searched his house the Marshall and Constable they said they could find nothing The old Gentleman was very unwilling to charge him with Felony some friends there were as well satisfied as I was that he was Guilty of it and they brought me a Paper that he would charge him and thereupon I wished him to read that Paper told him I could do no lesse then send him to Newgate Sayes he you will not undoe a Family will you will you not take bail No I cannot What proof have you materiall against me I will give you as good bail as any man give me leave to speak with Mr. Tryan I did give him leave he had no sooner spoke with him but Mr. Tryan would not charge him he promising to indevour to find the Thief I took Mr. Turner on one side and told him I did as verily beleive if he was not the Thief he could find him out as I beleived I should go home to my Wife and Children and I said that if an Angel from heaven should come and tell me otherwise I could hardly beleive it This passed on this night I could not sleep all the night still it was in my thoughts that this man was the man that had done the Robbery next morning after 9. there came a Gentleman to me a person of quality a Merchant if your Lordship desires I shall name him L. Ch. J. Pray name him Sir T. A. It was Alderman Love my Lord he told me that he thought I was a friend to Justice if I would go presently into the Minories my self I might discover the person that robb'd Mr. Tryan if I staid or sent others the Birds would be flown Mr. Turner has this morning removed several hundred pounds I went presently with a Footboy when I came to Bishopsgate meeting with Major Tasker knowing not whether I went without the Liberties said I to him Are you in hast Pray go along with me and he went with me This Gentleman Alderman Love told me I should meet with a Maid Servant of his that knew me though I knew not her she will meet you at such a Corner and go with you when I came without Algate I met with two Maids that were the persons to shew me the place the Maid told me these were the Maids I bid them come behind me at the further end of all the Minories I went into a shop and found Col. Turner with his hands in a Chest I charged him to take nothing out and not to stir himself there was two Wallets one of a 100 l. the other 200 l. I took the Keys from him laid them upon the Compter I went with him into the next room which was the Kitchin and in another Chest was two Wallets more and now the Gentleman was speechlesse I told him it was just as I told him the last night that your Roguery would come out what said I is become of the rest of the money sayes he your hast will spoil all I called in the Maid to examine her but she was fearful and so trembled there was no examining her before Col. Turner But in conclusion said I Col. Turner if you will tell me whether this be Mr. Tryan's money I will do you all the favour I can sayes he I cannot say it is his money I called for a Condable and made a Mittimus to send him to Newgate thinking he would discover the Truth said I will you give me your Examination he did it is in Court I asked him whence this money came he told me it was removed by himself his Wife and Children this morning Turner My Son and I I told you Sir T. A. I asked him where he had received it he told me at a Goldsmiths 14 dayes since he did not remember his name I asked why he should remove his own money his ansvver was he did remove it for 2 or 3 dayes till this foolery was over When I saw I could get nothing further from him I discoursed with him touching the remainder of the money and the Jewels sayes he Sir Thomas do not trouble your self you will lose the Jewels and the rest of the money by this course and sayes he I am now in pursuit of them if you will give me leave to go to the old Gentleman I know all will be well I was not content to let him go but presently we called a Hackney Coach and my self and him and Major Tasker went and carried that money to Mr. Tryan when we came there I told Mr. Tryan I thought we had brought 500 l. of his money and I did not doubt but I had brought a person that could tell of the rest of his money and jewels Col. Turner desired to speak with Mr. Tryan himself in private I gave him leave he calls me a little after Sir sayes he Mr. Tryan and I am agreed I must have this money delivered to me again I have assured him he shall have all his money and jewels again by Three of the Clock this Afternoon I told him I could not
Burglary could be committed but by one that knew those things Turner There are about twenty people that knew as much as I his Servants and such as had been his Servants L. Ch. J. Hide It falls out that the self-same night after this house was robbed in the Morning early you your Wife and Son go to remove store of Money out of your house Turner It was two Nights after the Robbery pardon me my dear Lord. L. Ch. J. Hide When you carry this you go with a false story that a Merchant was broke and you must needs have some of the money for his Wife and 8 Children and this money was to be set aside for them Turner It was so my good Lord. L. Ch. J. Hide You will do well to hold your peace a while Your Wife and You disowned you removed any money yet afterwards when the money was brought there and taken upon Suspicion you taken in the very place removing the money you owned it to be your own that then it appeared that one of those Bags was sealed with the Bishop of Chichester's Seal and at the time of the Burglary there was 600 l. in Bags left with Mr. Tryon sealed with the said Seal and one of those Bags you brought back was taken with you and owned to be your own and had the same Seal that 's proved by Four or Five Witnesses compared with the Seal of a Letter of the Bishop Your Son on their coming thither he takes footing and leaps over the Ditch to escape which is a good just ground of Suspicion that he is guilty of somewhat that he would not abide to answer your self and Wife take upon you to know every thing you know how the usage was that there was a purpose they should not be killed that he was gagged that they exceeded their Commission if the Man and Maid had been at home they should have been but bound all particulars you take upon you to know and to confess the whole and the manner of it Nay tell the story how they came in Turner As I was informed L. Ch. J. Hide Lay all this together unlesse you answer it all the World must conclude that you are one that did this Robbery Turner I shall answer it and I hope to give all the World satisfaction Pray call Mr. Vandeputt Mr. Covell Mr. Esnow Mr. Cook My Maid And the Lord Marquiss of Dorchester's Servant L. Ch. J. Hide Tell us to what purpose Turner To clear every particular L. Ch. J. Hide Open it Turner I shall first prove that upon Thursday night the time of this supposed Burglary that my Self my Wife and all my Family were in Bed fast asleep and innocent not knowing any thing of this Businesse This I shall prove if not let me hang and all my Family L. Ch. J. Bridgman All this may be true and yet this not to the purpose Turner Then I cannot be guilty of the Burglary L Bridgman If you will lay and plot such a Robery though you are not there yet you are guilty of it for it is ordinary that the maine setter will not be present at such times but will be then in Bed that people may take notice thereof but satisfie the Court by what means you came by this Mony and Jewels and then call your Witnesses Turner I shall go on by degrees and certifie the whole L. Ch. J. Hide My Lord Bridgman hath put you upon the right business do that in the first place make it appear how you came to know so exactly the whole carriage of this business and how you came by the Money and Jewels Turner I shall do it my Lord The Constable coming for me by Direction of Mr. Tryon to assist him I came to him saith he some Villaines have been here and have Robbed me this night which made me weep said I these are wicked people I gave you notice how you should have been Robbed about a year since but that was prevented and saith Mr. Tryon for Gods sake assist me in this and I shall be thankfull to you Sir said I did you see the Faces of them said he it run in my mind very strongly that one of them is Christmas said I who is he saith he 't was Hanson the Grocers-man I know Hanson said I Mosely go and knock up Hanson and know where Christmas is and bring him to Mr. Tryon Mosely took two or three Men and went to Thomas Hanson in Marke-Lane and there found at a Brick-layers house where Christmas lay he was a little refractory to rise another Constable coming he came down and then they sent Christmas to the Counter Mosely came and told us he was in the Counter I sat with Mr. Tryon that night But my Lord pray observe how my Name came into Question the young Man and Maid being out came home late the Constable was there then Friends saith he where have you been saith he I have been at Collonel Turners at Supper which was a notorious lye and brought me here in question God forgive him for it away comes the Constable by direction of Mr. Tryon and Hills lye together he came to my House we were all a sleep I a rose and asked who is there it is I said Mr. Mosely Mr. Tryon is Robbed pray come down I came down and opened my Door saith he was Mr. Tryons Man and Maid here at Supper when said I to night said he I have had no Suppers these nine Moneths said I this William is a very Rogue whereupon the Constable replyed are your Sons within yes in Bed these two hours do you suspect any thing by my Sons he went and looked and saw my Wife he finds my Sons fast a sleep the one indeed was awake pray said I see that you know them again Upon my Honour my Lord this pointing to Elis was a sleep L Ch. J. Hide Upon your Honour Sir pray speak by your Honesty Turner Lapsis Linguae My Lord. It is my usual phrase hope I shall appear to be a good man This Child was a wake he saw the Maid my Daughters searched every Room searched every Place that was to be imagined to be searched saith the Constable I am very glad that your Servants your Children and you are in this condition I will acquaint Mr. Tryon what a Rogue this Hill is how he hath belyed you Nay said I pray take me with you and so I went with my hair put under my Cap when I came to Mr. Tryons I asked him who had been there Pardon me my Dear Lord if I were guilty I should not speak any thing to excuse it when I had understood this I gave the Constable five shillings and desired him to search about this business I went to Mr. George Day the Goldsmith and gave him a Note of those things to be Printed that they said they had lost Friday came and at night Sir Thomas Allen was pleased to Argue it with me I told him and
or four said I what did you doe and what would you have done we would only have bound them How got you to the treasure by a Key out of the old Gentl pocket I think there is no hurt to the old Gentleman I would not for all the world there should you shall have the things again and pray you keep your word with me about 4 a clock in the morning they brought the money now said I what shal we do with it I can do nothing with it you must carry it home to my house these two fellows carried one three and the other two Bags We went through Aldgate with the money and so to my house my Wife nor Sons nor no soul God is my witnesse knew any thing of this business but my self I knockt at the door this young man pointing to John came down and he unbolted unlocked and unlatched the door My Parlour and Kitchen is of all one floor they followed me in and threw down the Money he bringing the Candle to me no said I doe not bring it said I Wilde What shall I do for the Jewels and the rest of the money you shall have them brought you where you will appoint to day I will have them brought hither saith he that cannot be I have forgot my self this money must not lye here you must remove it from hence for the other Youths that have the rest of the mony and Jewels will never be brought into the Citty If you will remove it into the Minnories my life for it you will have it all I will pretend there we will share it you must not let it lye at all but carry it presently thither I will tell what I will doe have you any acquaintance about Tower hill where you wil leave it No said he nor I neither said I I went up staires to my Wife Mall said I have you any acquaintance about the further Tower hill I durst not trust my Wife nor Sons for I thought their tongues might be too long and I left them in perfect ignorance truly I must clear them Mall said I there is a Gentlewoman those Husband is failed this was a fained story my Lord it must be secured about Tower-hill she was pretty well awaked Saith she there is the Commissary General of the King his daughter Betty Fry keeps a shop of Linnen at the lower end of the Minnories doe you think she will be private and let it lye for 4 or 5 hours undoubtedly she will saith she prethy get up and put on thy cloaths and go thither Wilde where shall I finde you about 8 or 9 a clock I will lodge this at the Sempsters shop upon the right hand at the farther end of the Minnories Tell me where I shall meet you and we will have this mony carried there my Son and I we will have it lodged Saith he you shall have me walking within three doores of the Blew Pig so he called it Saith I what mean you saith he it is a little signe no bigger than a Pig but it is called the Blew Boare there you shall have me walking in the under or upper Causey My Lord I took this boy pointing to John who knew nothing I told him it was a Friends money I raised my Wise Mall said I come away my wife went before the Boy and I took the money I carried two and he three my Wife went and knockt up the maid the door was open when we came God forgive this Maid that swears it was this Son she is mistaken upon my Salvation this boy was a bed and a sleep when the money was there I staid by my Wife said I what have you done with this money I did not tell my wife any thing I came home coming home there was my Son and Wife I drank a Cup of Syder for I kept a Hodges-head of Syder in my house as soon as I drank it I went out of doors imediately said I to this youngest son stay at home I shall have occasion to use you by and by I went to Mr. Tryons coming there I found Mr. Gurney the Merchant said Mr. Gurney I have good newes I have some hopes of strong presumptions that Mr. Tryon will not loose one penny worth of his goods marry said he I am glad of that we went up to Mr. Tryons we found him sitting by a little Char-cole fire as much as you may cover with your hands he told us he had been up ever since three of the clock we asked him what he would have to comfort him he told us he had something Mr. Gurney after some discourse took his leave of him so I sat down Jesus what a noyse is here in the Court my Lord I can hear but with one eare I say I sat down at the bed-side of Mr. Tryon he on the stool Mr. Tryon said I I have good news for you saith he hast thou I am glad of it with all my soul Sir said I I am informed you will not loose any of your goods or money there is but thirty eight shillings spent of all your money the Rogues took but forty shillings out and Wild told me there was two shillings saved I dare boldly say by three of the clock in the afternoon you will be master of them again I would be glad of that and will give you five hundred pounds but Sir said I there is a taile hangs by this you know you should have been robbed about a year since and I have apprehended Wilde who was one of the intended Thieves then he hath made me swear By the Blood of Jesus Christ c. that he shall have his life if you have your goods he hath engaged me that you shall likewise swear by the like Oath or else you shall hang him and so loose your goods said I I have a great part of your money but the Jewels and the rest of your money is wanting the old Gentleman was almost over joyed this is not true said he said I I do declare this is true in the presence of God make no words of it if the businesse be discovered we shall loose the Jewels well said he I will be ruled by you Collonel and the Lord God make me thankful I have such a friend in the world that hath done this for me I shall never make you amends and thereupon he entred into the same Oath That by the Blood c. the blood of the man should not be spilt though he lost both Money and Jewels I discoursed with him I told him over and over again left him satisfied that I would be with him again and bring him more tideings but by three a clock I doubted not but he should have all then it was almost eight at night away went I to Tower-hill to look my Merchant John VVild he was here in Newgate formerly there found I him walking by the Blew-boare carelesly walking there with his Coat under his Arms said I
Col. Turner That after that night VVilliam Turner never saw Col. Turner nor the other persons in the Robbery till himself with Col. Turner and others were arraigned for the fact at Newgate Neither did the said VVilliam Turner see any Money or Jewels opened neither did he receive one penny of the money neither was he in the Compting-House of Mr. Tryan That neither Col. Turner's Wife nor Sons knew of this Robbery only that they helped him to remove the money away on Saturday morning That the money was in the house on Fryday at night when the Constable and Marshal searched his house but they had hid them That Col. Turner being asked where the Jewels were on Saturday morning said he did deliver them at six of the clock to VVhite in both the Bags That the Carkanet of Rubies was not in those Bags That Col. Turner in the conclusion confessed That he had not done that he did but that he did lately understand that another person was made Executor and that he was resolved to have somewhat After Colonel Turner his Examination Sir Tho. Alleyn told Colonel Turner that the first part of Repentance was Confession the second Restitution and he being a Convict Person and in all probability not likely to continue long in this world it were much better for him to restore what was another mans then to think to enrich his Wife and Children by leaving them that which he knew was none of his and that one peny of his own Estate left him would continue longer with him then a pound of another bodies and thereupon he was pressed to restore Mr. Tryan the rest of his money and the Carkanet of Rubies and Diamonds yet in his custody This had such a present influence upon Mr. Turner that he said he would immediately go and fetch the Carkanet which he accordingly did and delivered the same into the hands of Sir Richard Rives one of the Sheriffs January the 19th in the evening Clerk Set James Turner to the Bar. James Turner hold up thy hand Thou standest here convicted of Felony and Burglary for the felonious stealing of the goods and money of Francis Tryan what canst thou say why the Court should not give thee Judgement to die according to Law Cal. Turner My Lord I humbly desire your Honour and the Honourable Bench you would be pleased to grant me a Reprieve J. Howel That we cannot do the Court must give Judgement upon you if you can by any means prevail with his Majesty to do it you may use your interest but the Court cannot do it Col. Turner I desire your Honours I may be transported J. Howel That likewise is in the power of his Majesty that he may do if he please it is not in the power of the Court we have nothing to do but to give Judgement Col. Turner You do it with others J. Howel No not in this case of Burglary but leave that to his Majesties meer mercy and grace Col. Turner My Lord I shall humbly desire that my Wife and the two Youths may be discharged J. Howel She is found Not Guilty and therefore she shall have her Acquital upon the discharge of the Jayl those that are acquitted they must be discharged if the Court do not see cause for their further detention Col. Turner I pray the young man and my Wife may be discharged J. Howel Whosoever are found not guilty must have their discharge according to Law Col. Turner My Lord I hope the Bench is satisfied about the young man J. Howel Say no more Col. Turner Your Honours humble servant Clerk Set James Turner to the Bar. J. Howel I must pronounce the Judgement of the Court which is That you go to the place from whence you came and so to that place of execution which shall be appointed to you by Authority there to be hanged by the neck till you be dead and the Lord have mercy on your soul Accordingly the said Colonel James Turner was drawn in a Cart from Newgate to Lymestreet end in Leaden-hall-street the 21 of January and was there executed on a Gibbet erected for that purpose FINIS Advertisements A New Survey of the Turkish Empire and Government their Laws Religions and Customes in a brief History deduced to this present time with the Reign of the now Grand Seignior Mahomet the fourth the present Emperour of that mighty Nation with a relation of the siege of Newhausel The second part of the New Survey of the Turkish Empire containing first the extent of his Dominions when and by whom conquered secondly an account of the Tartars thirdly the life of Mahomet the Impostor fourthly their Militia fifthly their Government Civil and Ecclesiastical sixthly the continuation of the History Being the most absolute and compleatest piece that ever was written of that Nation The original and growth of the Spanish Monarchy united with the House of Austria Extracted from those Chronicles Annals Registers and Genealogies that yeild any faithful representation how the Houses of Castile Aragon and Burgundy became knit and combin'd into one Body To which are added several Discourses of those Accessions and Improvements in Italy Africk with the East and west-Indies that are now annexed by alliance or conquest to the Diadem of Spain By Thomas Philpot M. A. formerly of Clare-hall in Cambridge All sold by Henry Marsh at the Princes Arms in Chancery-lane