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publick faith, and learn more wit: by which time plundering will be out of request, and Sir Politick-would-be’s, those great statists, that draw all into their own coffers, and cry with the devil, “All is mine,’ will then find to their costs, that their accompts are already cast up, and their reckoning upon the paying: In the mean time, whilst thieves fall out, true folks may come by their goods. Therefore, as the Psalmist saith, Gladius ipsorum intret in corda eorum, i.e. Let their own swords enter into their own hearts, and let their destruction arise from themselves; let them dig their own graves; let them (as they have already) cut off those anchors, that should preserve themselves from shipwreck; let them, like inraged dogs, break their teeth on that stone that is flung at them, not so much as looking at the hand that flings it; whilst we miserable wretches, in this vassalage and servility, are daily oppressed with so many incessant afflictions, worse than an Egyptian bondage, we may cry out with the Israelites, Ingeniscentes propter opera vociferari, i.e. lamenting our intolerable slavery, cry out unto God, from whom (and not from your Pharaoh-like honours) we must expect deliverance. Amen.
Then let the parties, if they find no redress, turn unto the House of Com- mons, and say, as followeth :
WE humbly beseech you, the knights and burgesses, chosen and put in trust by your several countries, to redress our grievances (not to make us new grievances, to cure our maladies, not, in a desperate madness, to kill usinstead of curing us) to keep us from robbing, not to robus yourselves. That you would, with the eye of compassion, look upon our manifold miseries, before recited, in supplication to the Lords. We must acknowledge and confess, that you have done the part of a body without a head “; and taken great pains, though but to little purpose, in pulling down crosses off the churches, and steeples, and breaking glass-windows, whilst ye have erected greater crosses in our religion and estates, that makes (at this time) the glased windows of our eyes to overflow. You have taken mickle pains, in making votes, orders, and ordinances, yet we never the better, but rather worse and worse; whilst you are divided amongst yourselves, you have divided our inheritance; and divided the King from his royal spouse, children, and parliament, and would have divided him from his honour and coronation-oath; divided the souls from our bodies as well as our shoes; divided religion into a thousand sects, schisms, heresies, and blasphemics, even against the Persons in the Sacred Trinity: And now will you leave us in this mist of errors and calamities, and every one take shipping, as lately Waller, Stapleton, Nichols, and many others which increaseth our fears, that you will give but an ill aecount of so many of our lives, so much of our estates, &c. &c, &c. you may guess what I mean. You may give losers leave (through lamentable experience) to speak, though I believe to little purpose; therefore, vale, our trust is in the Lord, &c.
* Forasmuch as the House of Commons represents the body of the nation, which are the people, over whom the King only is the head.
Here let all the people sing Psalm xliii. Judge and revenge, &c. And then, facing about to Henry the Seventh's Chapel, let all the people rehearse the articles of their new reformed faith; and after say, as followeth:
MOST holy fathers, whether universal, national, provincial, consistorial, classical synodians, whose learned consultations, pious debates, sacred conclusions, spiritual decrees, evangelical counsels, infallible divi-' nity, hath cost us so many thousand pounds, for the space of almost these five years, to compose the two tables of the law and the gospel, the ordinance for tithes, and the directory; we magnify your sanctity, we adore your holy reformation, and highly commend your unerring spirits, for the great pains you have taken in your several sciences of equivocations, mental reservations, false glosses, comments, paraphrases, expositions, opinions, and judgments, that for a long time have cheated and deluded us; for your pious zeal and affection for the cause, in setting us on to kill one another, and freely to venture all, all but the tenths, tithes, offerings, and oblations; those are yours jure divino; besides all the fat benefices and goodly revenues that belong unto you, besides the four shillings a day, and the fees of your classical courts, and the ten groats for drinking a Sundays. We beseech ye, by all these, pray against the plaguy diseases your hypocrisy hath brought upon the two houses of parliament, and the whole kingdom, by heresy, poverty, impeachments, banishments, and the like, Amen.
Then let the people sing the forty-first Psalm, and so depart.
SIR EDWARD MOSELY, BARONET,
Indited at the King's-Bench Barfor a Rape upon the body of Mrs. Anne Swinnerton.
Taken by a reporter there present,who heard all the circumstances thereof, whereof this is a true copy.
London, printed by E. H. for W. L. 1647. Quarto, containing twelve pages.
This trial was taken the twenty-eighth day of January in the twenty-third Year of King Charles, Anno Dom. 1647.
So Edward Mosely, Baronet, indicted for felony and rape, upon the
body of one Anne Swinnerton (wife to one Mr. Swinnerton, a gentleman of Gray's-Inn.) This trial was taken, the twenty-eighth day of January in the twenty-third year of King Charles, Anno Dom. 1647, before Mr. Justice Bacon, and Mr. Justice Rolls, in Hilary Term, in Banco Regis.
First, Sir Edward Mosely appeared at the bar, and pleaded not guilty, Then Mr. Swinnerton and his wife appeared to give evidence. Then the Court demanded of Mr. Swinnerton, what council he had ready to open the indictment; Mr. Swinnerton answered, that there had been such tampering with him and his witnesses to stop the prosecution, that he could get no lawyers to open his wife's case. The court asked him whether he had spoken with any lawyers to be of his council; he said he had, but none would undertake it, only Mr. Cooke had promised him that he would open the indictment for him, but he appears not; so that, by the tampering of Sir Edward Mosely, Mr. Lowder, Mr. William Stanley, Mr. Blore, Mr. Brownnell, and twenty more, none would assist him in maintaining of the indictment. These gentlemen, beforenamed, appeared in court, and did not deny, but that they did use what means they could, in a fair way, to put up the business betwixt Sir Edward Mosely and Mrs. Swinnerton, which they conceived they might lawfully do, believing it could not possibly be a rape, having had intelligence of some former passages in it. Then the court said, Mr. Swinnerton, if you had desired council, the court would have assigned you council. Then Mr. Swinnerton proceeded with his evidence, saying, coming home to my chamber, about six of the clock in April, 1647, I found Sir Edward Mosely came rushing out of my chamber, and I, entering, saw my wife thrown upon the ground, with all her cloaths torn, the bed cloaths torn, and hanging half way upon the ground, my wife crying and wringing her hands, with her cloaths all torn off her head, and her wrist sprained, Sir Edward Mosely having thrown her violently upon the ground; whereupon, seeing her in this condition, I asked her what was the matter; she said Sir Edward Mosely had ravished her. Mr. Swinnerton further informed the court, that Sir Edward Mosely, two or three days before he did the rape, said that he would ravish my wife, though he were sure to be hanged for it. Then Mrs. Swinnerton began her evidence, saying, Upon my oath here I swear, that he said he would force me to my bed; and then he swore, God damn him, he would lie with me, though he were sure to die for it: Then he takes me, and carries me to a narrow place, betwixt the wall of the bed, and, with his hands, forced my hands behind me, and lay with me, whether I would or no. Then Sir Edward Mosely interrupted her, saying, Did not your husband come to the chamber-door at that time you pretended you were ravished, and knocked at the door, and I would have opened the door for him ; whereupon you said it is my husband, let the drunken sot stay without, and would not suffer me to open the door, and asked her whether she did not say so She said it was false. Then the court demanded of Mr. Swinnerton, what he said to his wife, when he found her in this manner. Mr. Swinnerton answered, I said, if she were ravished, as she said she was, she must take her oath of it, and indict him for it; and, if she did not, he must believe that she had played the whore with him, and he would turn her off, and live no more with her, and she should be Sir Edward Mosely's whorealtogether: but, said he, being desirous to be further satisfied in the business, I often
sought for Sir Edward Mosely, but could not find him, for he had fled away from his chamber.
One day I met him accidentally in Holbourn, and desired to spcak a word with him; he said, he knew my business, but he was in haste, and could not stay. Then I told him I had earnest business with him, and must speak with him: He told me, he suspected I had some design to arrest him, and would not be persuaded to stay. Then I pressed him, that if he would go and drink a cup of ale with me, he should come to no danger concerning any arrest at all ; and if he then would give me any satisfaction, i would not prosecute the law against him. The court demanded of him, what he meant by satisfaction Mr. Swinnerton answered, only to know what he could say to excuse himself. The court said, why, would you believe him before your wise Mr. Swinnerton answered, my meaning was, if he could satisfy me, that my wise was consenting to it, I had rather wave the prosecution, than bring my wife and myself upon the stage; and this was my intent, and no other.
Then the court asked Sir Mosely, how Mr. Swinnerton's wife came to be so with her cloaths torn, and ruffled in this manner, nonc but he and she being in the room; Sir Edward Mosely answered,she always went very ill-favouredly in her apparel. Then the court asked Mrs. Swinnerton, whether there were any in the room but Sir Edward and herself; she answered, a little before there was my maid, but I had sent her to the baker's house for bread for my children, and in the mean while he lay with me against my will.
Then the court asked the maid what she could say; she said, when I came from the baker's, and entering into the chamber, I found my mistress crying, and wringing her hands, saying she was undone: also, I heard Sir Edward Mosely say, before I went to the baker's, that he would lie with my mistress, though he were sure to be hanged for it; and at all times he was wont to be very uncivil and rude, when he came into the chamber. Once he came into the chamber, when I was thcre alone; truly, I durst not stay in the chamber, for I always observed he was so leacherously given, that any woman, were she never so mean, would serve his turn. At this time he came into the chamber, a little before I went to the baker's; I observed he would fain have thrown my mistress upon the bed, when I was there; but my mistress would not yield to it, but grew very angry with him, and said he was a rogue, and spit in his face; yet he would not let her alone: Whereupon I told him, if he would not be more civil, I would call my master, and if he came, he would crack his crown for using my mistress so uncivilly. Sir Edward Mosely answered, he cared not a fart for my master, and that, for me, I was a base jade, and that he would make me kiss his, &c. What, said the court But the maid, having some modesty, could not bring it out. Then said her mistress, he said she should kiss something that was about him. What was that, said the court again? Mr. Swinnerton answered, he said he would make her kiss his arse. Then the court said to the maid, you must not be so nice in speaking the truth, being upon your oath. Mistress Swinnerton said, Then came Mr. James Winstanley, to tamper with me, from Sir Edward Mosely, and told me, if I pleased to accept of a hundred pounds, I should have it, if I would be reconciled to Sir Edward Mosely: Then the maid said, my mistress made this answer, she cared not for money: Mrs. Swinnerton said, it is true, I said. se; and this I said, if Sir Edward Mosely would down upon his knees, and confess that he had wronged me, I would not prosecute him; but, also, I resolved that he should wear a paper upon his breast, or upon his hat, acknowledging the injury he had unto me: if he would do so, I would forgive him. Then, said she, Mr. James Winstanley desired to know where the place was in the room where I was ravished; whereupon I shewed him. Mr. James Winstanley answered, This was such a place for such a business, that, if I had the strongest woman in England, I could ravish her here, whether she would or no. Then, the prosecutors for the King having ended their evidence, the court asked Sir Edward Mosely, what he could say for himself? He said he had many witnesses, and desired that they might be examined what they could say in his behalf. Then Mr. Kilvert was called in who appeared. The court said, Mr. Kilvert, though you be not upon oath, you must speak the truth in the fear of God. Mr. Kilvert answered, I know it, my Lord; what I shall say here, I speak it in the presence of God, and I shall speak no more than what is truth. Mistress Swinnerton, seeing of him, said, I hope no body will believe what this knave Kilvert will say, for he is a knave known to all the court, and all that hear him. Then Mr Kilvert went on with his evidence, saying, I thank God this is the second time I ever came in this woman's company; the first time was at the Fleece Tavein in Covent-Garden, where she came to a dinner, to meet with Sir Edward Mosely: As soon as she had sat down at the table, she said, that this room had been a very lucky room to her, for once before in this room, she had received three hundred pounds for the composition of a rape, which she charged a reverend divine withal; I shall not stick to name the man, she said it was Dr. Belcanduell; this doctor I knew to be a reverend man, and, to my knowledge, is long since dead, and in heaven; and for this rape, she said then, she would not take under two thousand pounds for a composition of Sir Edward Mosely, which she said was little enough, he having three thousand pounds a year. Mrs. Swinnerton, hearing of this, clapped her hands at him, and said, he was a knave, and a rascal, and all was false which he said. Then the court said to her, Mrs. Swinnerton, you should carry yourself soberly and moderately, otherwise you will disparage all your witnesses. Then the court asked her whether she did meet at this tavern, (having affirmed before, that she never was in Sir Edward Mosely's company, but in her own chamber) whereupon she staggered at it a little, and loth to confess it; at last she answered, True, she was there, but this rascal Kilvert had bewitched her to come thither. Mr. Kilvert said further, after she had sat a while at the table, she takes her stool, and removes it to sit next to Sir Edward Mosely, and there falls a hugging and embracing him; whereupon, said he, Surely, Lady, whereas you say Sir Edward hath ravished you, I do believe, rather, you have ravished him, otherwise you would not make so much of him: So Mr. Kilvert made an end of his evidence. Then Mr. Wood, another witness, said he met her at Islington, in Sir Edward Mosely's company, and there she confessed to him, that Sir Edward Mosely had many times left the key of his chamber with her, to Vol. Wi. D