Particulars from the Gaol Delivery Books: Temp. Charles II

Middlesex County Records: Volume 4, 1667-88. Originally published by Middlesex County Record Society, London, 1892.

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'Particulars from the Gaol Delivery Books: Temp. Charles II', in Middlesex County Records: Volume 4, 1667-88, (London, 1892) pp. 277-282. British History Online https://www.british-history.ac.uk/middx-county-records/vol4/pp277-282 [accessed 25 April 2024]

FURTHER PARTICULARS TAKEN FROM GAOL DELIVERY BOOKS temp. CHARLES II.

There are preserved at the Clerkenwell Sessions House eight GaolDelivery Books of eight Gaol Deliveries in 30 Charles II., and eight Gaol Delivery Books of eight Gaol Deliveries in 31 Charles II.—Both sets are much injured by rot; the later set being so defaced as to be illegible in places, and so decayed that under the most careful handling they fall to pieces under the searcher's touch. Still in their present defaced and frail condition, they warrant an opinion that the books never contained any important memoranda touching the Popish Plot that are not set forth in the ensuing notes.

30 Charles II.
(1.) 11 December, 30 Charles II. Gaol Delivery of Newgate held at the Justice Hall in the Old Bailey, before Sir James Edwards knt. Mayor of London, Sir William Scroggs knt. Chief Justice &c.

Po se Jur' exoneratur rem'.

Thomas Whitebread pro proditione contra dominum Regem.

Po se cul ca nul: trahi Sus' &c.

Will'lmus Ireland.

Po se Jur' exoneratur rem'.

Johannes Fenwicke.

Po se cul ca nul: trahi Sus' &c.

Thomas Pickeringe.

Po se cul ca nul: trahi Sus' &c.

John Grove.

The names of the jurors selected and sworn to try these prisoners are set forth in a marginal note, thus, "Nomina juratorum ad triandum Will'us Roberts bart. Phippus Mathews bart., Car' Lee mil, Joshua Gallyard, Edrus Walford, Joh'es Pulford, Joh'es Byfeild, Thomas Johnson, Thomas Eaglesfeild, Joh'es Foster, Thomas Earnsby, Ric'us Wheeler.

[In English.]

He puts himself 'Not Guilty' on the jury; he is discharged —to remain.

Thomas Whitebread for treason against the Lord the King.

He puts himself on the jury who declare him Guilty; he has no chattels: To be drawn and hung &c.

William Ireland.

He puts himself 'Not Guilty' on the jury: he is discharged —to remain.

John Fenwick.

He puts himself 'Not Guilty' on the jury, who declare him 'Guilty'; he has no chattels:—To be drawn hung &c.

Thomas Pickeringe.

He puts himself on the jury who declare him 'Guilty': he has no chattels:—To be drawn hung &c.

John Grove.

Names of the jurors to try:—Sir William Roberts bart., Sir Phillip Mathews bart., Sir Charles Lee knt., Joshua Gallyard, Edward Walford, John Pulford, John Byfeild, Thomas Johnson, Thomas Eaglesfeild, John Foster, Thomas Earnsby, Richard Wheeler.—G. D. Book.

(2.) 15 January, 30 Charles II. The most momentous trials at G. D. of this date resulted in verdicts against—

(1.) Francis Jones convicted of burglary and sentenced to be hung.

(2.) William Bray convicted of horse-stealing and sentenced to be hung.

(3.) Ann Sly, spinster, convicted of murdering her female infant-child and sentenced to be hung.

(4.) John Adlam, alias Ayleworth, convicted of traitorously remaining in England, and sentenced to be drawn hung &c.

(5.) William Atkinson convicted of burglary and sentenced to be hung.

(6.) Anthony Tiley convicted of burglary and sentenced to be hung.

(7.) George Browne convicted of burglary and sentenced to be hung.

(8.) John Butler convicted of burglary and sentenced to be hung.

(9.) Richard Mills convicted of burglary and sentenced to be hung.

(10.) Christopher Brunker convicted of burglary and sentenced to be hung.

(11.) George Kennyon convicted of burglary and sentenced to be hung.

(12.) Timothy Smith convicted of burglary and sentenced to be hung.

(13.) Margaret Wells convicted of burglary and sentenced to be hung. To stay execution of the sentence, Margaret Wells pleaded pregnancy; but a jury of matrons found her Not Pregnant: "Ideo fiat executio."

(14.) Robert Fawkes convicted of murdering a base-born female infant, and sentenced to be hung.

The record of John Adlam alias Ayleworth's trial runs thus:

po se cul' ca nl' trahi sus &c.

Joh'es Adlam als' Ayleworth proditorie rem' in Anglia existen' subdit' nat' in dominio Regis.

[In English.]

he puts himself: the jury say he is guilty: he has no chattels:—to be drawn hung &c.

John Adlam alias Ayleworth for traitorously remaining in England, being a subject born in the dominion of the King.—G. D. Book.

31 Charles II.
(1.) 30 April, 31 Charles II. The Book of the G. D. of Newgate, held at the Justice Hall in the Old Bailey before Sir James Edwards knt. Mayor of London, Sir William Scroggs knt. Ch. J. &c. and others,

po se cul Ss.

(a) Joh'es Morgan pro rem' ut sacerdos Roman.

[In English.]

he puts himself: the jurors say he is guilty,—to be hung.

John Morgan for remaining as a Roman Priest.

(b) po se.

George Wakeman Bar pro alta prodicione pro conspirand' mortem Regis et pro subvertion' Gubernac'on' huj' regni et alterando religion.

po se.

Willelmus Marshall.

po se.

Willelmus Rumley.

po se.

Jacobus Corker pro alta prodic'one pro cons'ili.

[In English.]

he puts himself.

Sir George Wakemam bart.—for high treason in conspiring to bring about the death of the King, the overthrow of the government of this kingdom, and change of religion.

he puts himself.

William Marshall.

he puts himself.

William Rumley.

he puts himself.

James Corker—for high treason in a like manner.

G. D. Book.

(2.) 5 June, 31 Charles II. The Book of the G. D. of Newgate, held at the Justice Hall in the Old Bailey before Sir James Edwards knt. Mayor of London, Sir William Scroggs knt. Ch. J. &c. and others, contains the following entry:—

po se cul ca nl' Sus &c. Trahatur &c.

Thomas White als Whitebread—pro alta prodicione contra D'um Regem.

po se cul ca nl Sus.

Joh'es Fenwicke.

po se cul ca nl Sus.

Will'us Harcourt als Harrison.

po se cul ca nl Sus.

Joh'es Gavan.

po se cul ca nl Sus.

Anthonius. Turner (?)

[In English.]

he puts himself: the jurors say that he is Guilty: he has no chattels: Let him be hung &c. drawn &c.

Thomas White alias Whitebread—for high treason against the Lord the King.

he puts himself: the jurors say that he is Guilty; he has no chattels: Let him be hung.

John Fenwicke.

he puts himself: the jurors say that he is Guilty: he has no chattels:—Let him be hung.

William Harcourt alias Harrison.

he puts himself: the jurors say that he is Guilty: he has no chattels: Let him be hung.

John Gavan.

he puts himself: the jurors say that he is Guilty: he has no chattels: Let him be hung.

Anthony Turner.

(3.) 16 July, 31 Charles II. The Book of the Gaol Delivery of Newgate, held on the 16th and divers following days of July in Charles the Second's 31st regnal year at the Justice Hall in the Old Bailey, before Sir James Edwards knt. Mayor of London, Sir William Scroggs knt. Ch. J. &c. and others contains the following entries:—

(a) Ind . . . . ult tunc po se modo non cul nec se retr.

Joh'es Fleminge—pro proditorie remanen' in Anglia existen' Sacerdos Romanus.

[In English.]

Indicted at the last . . . ., he then put himself: the jurors now say that he is not Guilty, and did not fly.

John Fleming—for traitorously remaining in England, he being a Roman Priest.

(b) po se non cul nec se retr.

Georgius Wakeman—pro alta prodic'one pro conspirando mortem Domini Regis pro subvertione Gubernac' huj' Regni et alterando religion.

po se non cul nec se retr.

Willelmus Marshall

po se non cul nec se retr.

Willelmus Rumley.

po se non cul nec se retr.

Jacobus Corker.

In English.

he puts himself: the jurors say he is not Guilty and did not fly.

George Wakeman—for high treason, for conspiring to compass the death of the Lord the King, in order to overthrow the government of this kingdom and change the religion.

he puts himself: the jurors say he is not Guilty and did not fly.

William Marshall.

he puts himself: the jurors say he is not Guilty and did not fly.

William Rumley.

he puts himself: the jurors say he is not Guilty and did not fly.

James Corker—for high treason for like purpose.

32 Charles II.
21 April, 32 Charles II. The Book of the Gaol Delivery of Newgate, held on the 21st and following days of April in Charles the Second's 32nd regnal year at the Justice Hall in the Old Bailey, before Sir Robert Clayton knt. Mayor of London and Sir . . . . Jones knt. one of the King's Justices ad placita coram ipso Rege tenenda, and others, comprises notes of trials resulting in verdicts against

(1.) Joseph Rumney convicted of burglary and sentenced to be hung.

(2.) Mathew Smith convicted of burglary and sentenced to be hung.

(3.) Henry Weller convicted of horse-stealing and sentenced to be hung.

(4.) Ralph Cooke convicted of coining false money and sentenced to be drawn and hung.

(5.) William Underwood convicted of coining false money, and sentenced to be drawn and hung.

(6.) Martha Cooke convicted of coining false money, and sentenced to be drawn and hung.—Execution of this sentence was stayed because Martha Cooke pleaded pregnancy and was found pregnant.

(7.) Elizabeth Richardson, convicted of traitorously diminishing the current money of this kingdom, and sentenced to be drawn and hung.

(8.) Edward Richardson convicted of traitorously diminishing the current coin of this kingdom and sentenced to be hung.

(9.) John Ralphes convicted of burglary and sentenced to be hung.

(10.) Clement Snells convicted of burglary and sentenced to be hung.

(11.) Sarah Ewen convicted of larceny and sentenced to be hung.

(12.) Mary Northam, convicted of larceny and sentenced to be hung. She was reprieved by the Court after judgment.

(13.) William Harvey, convicted of house-breaking, and sentenced to be hung.

(14.) Eliza Hicks, convicted of larceny and sentenced to be hung.

(15.) Dorothy Thomas, convicted of larceny and sentenced to be hung. Execution of the sentence was stayed, because she was found pregnant.

(16.) Daniel Macharty, convicted of traitorously remaining in England, he being a Roman Priest, and sentenced to be drawn, hanged and quartered &c.

(17.) Sarah Mason, convicted of larceny, and sentenced to be hung. She was reprieved by the Court after judgment.

(18.) Mary Dashalshire alias Duck, convicted of larceny and sentenced to be hung. She was reprieved by the Court after judgment.

(19.) Jane Steward, convicted of larceny and sentenced to be hung. She pleaded pregnancy, but a jury of matrons found her not pregnant. She was however reprieved by the Court after judgment.

The record of Daniel Macharty's trial &c. runs thus,

Ind Febr' ult modo po se cul ca n'l trahi Sus et in quatuor partes &c.

Daniel Macharty pro proditorie rem' in Anglia existen' Sacerdos Romanus.

[In English.]

Indicted in February last, he now puts himself on a jury who say that he is Guilty: he has no chattels:—to be drawn, hung and divided into four parts.

Daniel Macharty—for traitorously remaining in England, he being a Roman Priest.—G. D. Book.