The arraignment and acquittal of Sr. Edward Mosely Baronet,: indited at the Kings bench bar for a rape, upon the body of Mistris Anne Swinnerton. Ianuary 28, 1647. / Taken by a reporter there present, who heard all the circumstances thereof, whereof this is a true copy.

This triall was taken the 28 day of January, in the 23 Yeer of King CHARLES, An. Dom. 1647.

SIR Edward Mosely Barronet en∣dited for Felony and Rape, upon the Body of one Anne Swinnerton, (Wife to one Mr. Swinnerton, a Gentleman of Grays Inne) This triall was taken the 28th day of January, in the 23 yeare of King Charles. An. Dom. 1647. Before Mr. Justice Bacon and Master Justice Rolls in Hillary Terme in, Baneo Regis.

First▪ Sir Edward Mosely, appear'd at the Bar and pleaded not guilty; Then Master Swin∣nerton and his Wife appeard to give evi∣dence, Then the Court demanded of Master

Swinnerton what councell hee had ready to open the Inditement, Master 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 Wifes case. The Court asked him whether he had spoken with any Lawyers to be of his councell, Hee said hee had, but none would undertake it, onely Master Cooke had promised him that he would open the Inditement for him, but hee appeares not, So that by the tampering of Sir Edward Mosely, Master Lowder, Master Ia. Win-Stanly, Master Blore, and Master Brown∣nell and twenty more, none would assist him in the maintaining of the Inditement. These Gentlemen before named appeared in Court, and did not deny, but that they did use what meanes they could (in a faire way) to put up the businesse, betwixt Sir Edward Mosely and Mistris Swinnerton, which they conceived they might lawfully doe, believing it could not possibly be a Rape, having had intelli∣gence of some former passages in it; Then the Court said, Master Swinnerton if you had de∣sired councell, the Court would have assigned you councell. Then Master Swinnerton pro∣ceeded with his evidence (saying) comming home to my Chamber, about six of the clock in April 1647. I found Sir Edward Mose∣ly came rushing out of my Chamber, and I

entring saw my Wife throwne upon the ground, with all her cloathes torne, the Bed-cloathes torne and hanging halfe way upon the ground, my Wife crying and wringing her hands, with her clothes all torne off her head, her wrist sprained, Sir Edward Mosely having throwne her violently upon the ground, where∣upon (seeing her in this condition) I asked her what was the matter, shee said Sir Ed∣ward Mosely had Ravisht her, Master Swin∣nerton further enformed the Court, That Sir Edward Mosely two or three dayes before he did the Rape, sayd that he would ravish my Wife though hee were sure to be hang'd for it, Then Mistris Swinnerton began her evi∣dence, saying, upon my Oath here I sweare, That hee sayd hee would force mee to my Bed, and then hee swore God damme him; Hee would lie with mee though hee were sure to die for it, Then hee takes mee and carries mee to a narrow place, betwixt the wall of the Bed, and with his hands forst my hands behinde mee, and lay with mee whether I would or no, Then Sir Edward Mosely interrupted her, saying, did not your Husband come to the Chamber doore at that time you pretended you were Ravisht, and knockt at the Doore, and I would have o∣pened the Doore for him, whereupon you sayd it is my Husband; Let the drunken sot

stay without, and would not suffer mee to open the Doore, and asked her whether shee did not say so, shee sayd it was false, Then the Court demanded of Master Swinnerton what hee said to his Wife when hee found her in this manner, Master Swinnerton an∣swered, I sayd that if shee were ravisht as shee sayd shee was, shee must take her Oath of it, and indite him for it, and if shee did not hee would believe, that shee had playd the Whore with him, and hee would turne her off, and live no more with her, and shee should be Sir Edward Moselies Whore al∣together, but (sayd hee) being desirous to be further satisfyed in the businesse I of∣ten sought for Sir Edward Mosely, but could not finde him, for he had fled away from his Chamber.

One day I met him accidentally in Holborne, and desired to speake a word with him, he said he knew my businesse, but he was in hast and could not stay; Then I told him I had earnest businesse with him, and I must speake with him, he told me he suspected I had some designe to arrest him, and would not be perswaded to stay, then I prest him that if he would goe and drink a cup of Ale with me, he should come in no danger concerning any arrest at all; and if he then would give me satisfaction, I would not prosecute the Law against him: The Court de∣manded

of him what he meant by satisfaction, Master Swinnerton answered, onely to know what he could say to excuse himselfe, the Court said, why, would you believe him before your Wife? Master Swinnerton answered, my mea∣ning was; if he could satisfie me that my Wife was consenting to it, I had rather wave the pro∣secution, then bring my Wife and my selfe up∣on the Stage, and this was my intent and no o∣ther.

Then the Court asked Sir Edward Moseley how Master Swinnertons Wife came to be so with her cloathes torne and ruffed in this manner (none but hee and she being in the Roome) Sir Edward Moseley answered, she alwayes went ve∣ry ill favourdly in her apparrell: Then the Court asked Mistris Swinnerton whether there were any in the roome but Sir Edward and her selfe, She answered, a little before there was my Maide, but I had sent her to the Bakers house for bread for my Children, and in the meane while he lay with me against my will.

Then the Court asked the Maide what shee could say, she said, when I came from the Ba∣kers, and entring into the chamber, I found my Mistris crying, and wringing her hands, saying she was undone; Also I heard Sir Ed∣ward Moseley say, before I went to the Bakers, that he would lie with my Mistris though he were sure to be hang'd for it, and at all times

hee was wont to bee very uncivill and rude when hee came into the Chamber, once hee came into the Chamber when I was there alone, truly I durst not stay in the Cham∣ber, for I alwayes observed, Hee was so lecherously given that any Woman were shee never so meane would serve his turne; At this time hee came into the Chamber a little before I went to the Bakers, I observed hee would faine have throwne my Mistris upon the Bed when I was there, but my Mistris would not yeeld to it, but grew very angry with him, and said hee was a rogue, and spit in his face, yet hee would not let her alone, whereupon I told him, if hee would not be more civill, I would call my Master, and if hee came hee would crack his crowne for using my Mistris so uncivilly, Sir Edward Mosely answered hee cared not a fart for my Master, and that for mee I was a base Jade, and hee would make mee kisse his, &c. what said the Court, but the Maid having some modesty could not bring it out, then said her Mistris, he said she should kisse something that was about him, what was that said the Court againe, Master Swinnerton an∣swered, he said he would make her kisse his Arse, then the Court said to the Maide, you must not be so nice in speaking of the truth, be∣ing upon your Oath, Mistris Swinnerton said

then came Master Ja. Winstanley to tamper with me from Sir Edward Moseley, and told me if I pleas'd to accept a hundred pounds, I should have it, if I would be reconciled to Sir Edward Moseley; Then the Maide said, my Mistris made this answer, shee cared not for Money: Mistris Swinnerton said, it is true I said so; and this I said, If Sir Edward Moseley would downe upon his knees and con∣fesse that he had wronged me, I would not pro∣secute him; But also I resolved that he should weare a Paper upon his Breast, or upon his Hatt, acknowledging the injury hee had done unto mee: if hee would doe so I would for∣give him. Then said shee, Master Ia. Win∣stanley desired to know where the place was in the roome where I was ravisht; where-upon I shewed him. Master Ia. Winstanley answered, this was such a place for such a businesse, 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 Moseley what hee could say for him∣selfe; He said, hee had many witnesses, and desired that they might bee examined what they could say in his behalfe.

Then Master Kilvert was called in, who ap∣peared; The Court said, Master Kilvert

though you bee not upon your Oath, you must speake the truth in the feare of God, Master Kilvert answered, I know it my Lord; what I shall say here, I speake it in the pre∣sence of God, and I shall speake no more then what is truth: Mistris Swinnerton see∣ing of him, said I hope no body will believe what this Knave Kilvert will say, for he is a Knave knowne to all the Court, and all that heare him. Then Master Kilvert went on with his evidence, saying, I thanke God this is the second time I ever came in this womans company; the first time was at the Fleece Taverne in Covent-Garden, where shee came to a Dinner to meete with Sir Edward Moseley: As soone as shee had set downe at the Table, shee said, that this Roome had bin a very lucky Roome to her, for once before in this Roome, shee had received three hundred pounds for the composition of a Rape, which shee charged a Reverend Divine withall, I shall not stick to name the man, shee said it was Doctor Belcanquell; this Doctor I knew him to be a reverend man, and to my knowledge is long since dead, and in Heaven; and for this Rape, shee said then, shee would not take under two thousand pounds for a composition of Sir Edward Moseley, which shee said was lit∣tle enough, hee having three thousand pounds

a yeere. Mistris Swinnerton hearing of this clapt her hands at him, and said, he was a Knave, and a Rascall, and all was false which he said.

Then the Court said to her, Mistris Swin∣nerton you should carry your selfe soberly and moderately, otherwise you will dispa∣rage all your witnesses. Then the Court as∣ked her whether shee did meete at this Ta∣verne (having affirmed before that shee ne∣ver was in Sir Edward Moselys company but in her owne chamber) whereupon shee stag∣gered at it a little and loath to confesse it, at last shee answered, True, shee was there, but this Rascall Kilvert had bewitcht her to come thither. Master Kilvert said further, after shee had sate a while at the Table, she takes her stoole and removes it to sit next to Sir Edward Moseley, and there falls hugging and imbracing him; whereupon said hee, sure∣ly Lady whereas you say Sir Edward hath ravisht you, I doe beleive rather you have ravisht him, otherwise you would not make so much of him, so Master Kilvert made an end of his evidence.

Then Master Wood another witnesse, said he met her at Islington in Sir Edward Moseleys company, and there shee confest to him that Sir Edward Moseley had many times left the Key of his Chamber with her, to goe to

him when shee pleased; and shee said, shee had often made use of it. Then said this witnesse, after I had seriously look't upon her, and seeing of her a woman of that strength and body, I said, I wondred Sir Edward Moseley should ravish her: She said, do you won∣der at that, why? doe you take me behinde the Bed there▪ (there being a Bed in the Roome) and see whether you may not doe it.

Another witnesse said that shee had con∣fest to him that Sir Edward Moseley once lay with her, with her consent; afterwards shee asked him, now what will you give my Maide you must give her something? he answered, Ile give her fourty shillings, whereupon shee said, fourty shillings, that's base, you cannot give her lesse then ten pound and a Silke Petticoate; But saith shee, when he went forth of Doores, shee said he gave her nothing but a Groat, and so basely went his way.

Another Witnesse sayd hee heard her say, (that it being generally knowne that Sir Ed∣ward Moseley had ravisht her) shee was like to loose many of her best customers in Town.

Another Witnesse sayd he heard Swinnerton say, that if she would not take her Oath that she was ravisht by him she should never be no Wife of his: Afterwards Mr. Ia Winstanly was called

into the Court, Hee said, tis true shee tooke mee, and shewed mee the place where shee was ravisht. Hee woundring how Sir Edward being but a little Man and shee such a lusty Woman should bee ravisht by him! Why sayd shee should you wonder at that? Then shee put her Leg betweene my Legges, and put her other Legge setting her Foote against the Wall, saying now in this posture as you see mee here, I my selfe could ravish any Woman whatsoever.

Another Witnesse sayd, the night before shee went to preferre the Bill of Inditement against Sir Edward Moseley, shee confest shee had like to have beene distracted and runne mad, for feare the Grand Jury should finde the Bill.

Two other Witnesses affirmed upon their credit, whereas it was sayd by Master Swin∣nerton and his Wife, That Sir Edward Moseley fled from his Chamber immediately af∣ter the act was done, They said they had daily recourse to his Chamber, and walkt to and fro with him, sometimes in Grayes. Inne∣walkes, sometimes to Westminster, and to other places in the Towne for six Weekes together, after this pretended Rape, and many times they saw Mistris Swinnerton stand at her owne doore looking upon him, as hee past by (which was but six steps from Sir Edwards

Chamber doore) and never questioned a∣bout it, but oftentimes (they said) seeing her stand watching there, they feared shee would go up to him, and tempt him to wicked∣nesse.

Then evidence being given on both sides, the Jury went from the Barre and returned, and gave their Verdict, That Sir Edward Moseley was not guilty, Then the Court sayd Sir Ed∣ward Moseley, take heede what company you keepe hereafter, Let this be a warning to you, you see in what danger you bring your selfe to in keeping ill Company.

FINIS.