THREE 
Remarkable and Scarce
TRIALS, 
VIZ. 
I. The Trial between THEOPHILUS CIBBER, Gent. 
Plaintiff, and WILLIAM SLOPER, Esq; Defendant; 
for CRIMINAL CONVERSATION with the Plaintiff’s 
Wife. 
II. The Trial of RICHARD LYDDEL, Esq; for CRI- 
MINAL CONVERSATION  with Lady ABERGAVENNY.
III. The Trial of Col. CHARTRES for a RAPE, com- 
mitted on the Body of ANNE BOND, his Servant.
It plainly shews he gave Consent, 
And is the Man they represent. 
See C-R.
LONDON: 
Printed by and for ISAAC HOLROYD, in the Year 1764.

Advertisement.
THE Editor of these TRIALS (which 
made so much Noise in the World) is 
desirous of informing the Reader, that there are 
no Expressions contained in any of them, capable 
of giving Offence even to the chattiest Ears; for 
by particular Order of the REVEREND JUDGES, who 
presided at the several Trials, Care was taken that 
nothing indecent, immodest, or unbecoming the 
Dignity of a Court of JUDICATURE, Should by the 
Council, on either Side, be drawn from the Mouths 
of any of the Witnesses. 

THE 
TRIAL 
BETWEEN 
THEOPHILUS CIBBER, Gent. Plaintiff, 
AND 
WILLIAM SLOPER, Esq; Defendant, 
For CRIMINAL CONVERSATION with the Plaintiff’s Wife. 
ON Tuesday the 5th of 
Decem. 1738, at nine 
o’clock in the morning, 
at the Sittings in the 
Court of King's-Bench 
in Middlesex, before the Rt. Hon. 
Sir William Lee, Knt. Lord Chief 
Justice of that Court, came on the 
remarkable trial before a special Jury 
of Gentleman of a cause in which 
THEOPHILUS CIBBER, Gent. was 
Plaintiff, and WILLIAM SLOPER, 
Esq; was Defendant. 
The Declaration (which was open- 
ed by the Junior Council for the 
Plaintiff) was for Assaulting, Ra- 
vishing, and Carnally knowing SU- 
SANNAH MARIA CIBBER, the 
Plaintiff’s Wife: And this was laid, 
to be done at three several periods 
of time, at divers days between such 
a day, to such a day, at each period ; 
whereby (the Declaration said) the 
Plaintiff lost the Company, Comfort, 
Society, Assistance, &c. of his Wife, 
to his Damage of FIVE THOU- 
SAND POUNDS. 
The Council for the Plaintiff 
were, Mr. Solicitor General, Mr. 
Hollings, Sergeant Agar, Mr. Marsh, 
Mr. Dennison, (now Mr. Justice 
Dennison,) and Mr. Lawson. The 
Council for the Defendant were, 
Sergeant Eyre, Mr. Noel, (late Mr. 
Justice Noel,) Mr. Lloyd, Mr. 
Murray, (now Lord Mansfield,) 
and Mr. Barnardiston. 
Mr. Solicitor General, (Sir John 
Strange, Knt. sometime after Matter 
of the Rolls) Hated the cafe for the 
Plaintiff; and (among many other 
things) observed to the Court and 
the Jury, that the injury done to 
the Plaintiff was of the most tender 
concern to his Peace of Mind, Hap- 
piness, and Hopes of Posterity, and 
was the highest of all Injuries for 
which he could come before them to 
seek a recompense or satisfaction in 
damages; and that indeed it was 
impossible to give a pecuniary, satis- 
faction adequate to the injury : For 
that no sum of money could restore 
a man’s tranquility of mind. But 
that the Plaintiff must rest upon such 
remedy as the Law had given him. 
He farther observed (upon the 
Plaintiff’s being a Player) that it is 
true the Plaintiff was a Player, but 
he was a Gentleman; being well 
descended and having had a liberal 
Education; that the Plaintiff him-
A self




 
4 Trial between THEOPH. CIBBER, Gent.
self was a very good Player; that 
that his Father was well known to 
all Gentlemen, who delighted in 
Theatrical Entertainments to be of 
the first figure in that profession, 
and an Author too ; that the Plain- 
tiff's Grandfather was the best Sta- 
tuary of his time; and that the 
Plaintiff by the Mother's side, was 
related to William of Wickham ; and 
in Right of that Pedigree, had re- 
ceived his Education upon a Foun- 
dation of that great Man. 
He said he knew it was attempt- 
ed by some, to have the Players con- 
sidered in this nature, as not upon 
the same footing with the rest of the 
subjects; as if it were more lawful 
to invade their properties, than those 
of other people ; but he knew no 
Law that deprived them of those 
comforts, of those rights which o- 
ther subjects ought to enjoy : That 
the Stage had been cherished and 
encouraged by the politest and wisest 
States, as a School of Virtue and 
good Morals; and that many re- 
ceive good Lessons, and Impressions 
from what they hear at the Theatre ; 
who perhaps don't incline to seek 
for instruction elsewhere. 
That there had been a good deal 
of pains taken to spread a report a- 
bout Town, as if the Plaintiff had 
been consenting to the Wrong the 
Defendant had done him ; but this 
was only to blast the Credit of the 
Plaintiff's Cause before the Trial; 
and that it might come with Preju- 
dice before the Jury. That his Brief 
instructed him, that there could not 
be the least colour or shadow of proof 
to support such a surmise. 
Mr. Solicitor General also stated 
the Evidence for the Plaintiff, in 
part as it comes from the Plaintiff's
Witnesses in the following pages ; 
but as to part of what comes from 
Mr. Carter of Kensington, it doubt- 
less was never mentioned in his his 
brief. And as to the principal facts 
he mentioned, the witness  Mr. 
Hayes's looking through a little 
hole in a wainscot partition, which 
parted Mr. Hayes's closet from a 
room in which the Defendant and 
Mrs. Cibber were together; and 
that through that hole Mr. Hayes at 
several different days and times saw 
them guilty of Criminal Familiarities, 
and in such acts and with such cir- 
cumstances, and particularly the last 
time, he, Mr. Hayes, saw such a 
fight, as he, (Mr. Solicitor) would 
leave to the witness to tell; for it 
ought to be related but once. 
Mr. Hollings also spoke very well 
on the same side, pathetically ob- 
serving to the Gentlemen of the 
Jury the mischievous consequence of 
suffering a man to commit such an 
injury to the married state without 
being obliged to repair it in damages; 
that the Plaintiff was an Englishman, 
and as such, had rights which ought 
not to be invaded, particularly in 
the present instance; that he had 
brought his complaint before a Jury 
of English Gentlemen ; and he (Mr. 
Hollings) did not doubt, that they 
would give the Plaintiff proper da- 
mages. 
The Plaintiff's Council then pro- 
ceeded to call their witnesses : And 
first, to prove the marriage between 
the Plaintiff and his Wife, they call- 
ed Mrs. Brett, but she did not ap-
pear at this time. 
Note, she appeared in the afternoon 
as will he mentioned hereafter. 
The Plaintiff's Attorney then called 
Mr. Cibber, the Plaintiff's Father, 
who being present at Court, was 
sworn. His evidence was in sub- 
stance as follows : 
Q. Do you know of the Plaintiff's 
being married to his present wife ?
Mr. Cibber. I was not at the mar- 
riage, but I am as well convinced 
that they were married, as that I 
myself was married. I was against 
the match. 
Q. Why were you against the 
match.  
Mr.
 
                          




and WILLIAM SLOPER,  Esq; 5                                
Mr. Cibber. Because she had no 
fortune. 
Q. Did they at first live happily 
together ? 
Mr. Cibber. They did live happy, 
very happy, much happier than I 
expected ; for I was averse to the 
match. 
Q. How long did they live thus 
happily together. 
Mr. Cibber. About three years ; 
within that time they had two chil- 
dren, which are both dead. 
Q. Did Mr. Cibber, the Plaintiff 
during that time, support her well 
and liberally, as became an affecti- 
onate husband ? 
Mr. Cibber. He did, even to pro 
fusion. I often admonished him 
about it; and advised him to re- 
trench his expenses ; for I thought 
them a good deal too large for his 
condition, or what he was able to 
afford. He made her several valua- 
ble presents of rings and jewels. 
Q. Is not Mrs. Cibber a good 
Actress? And how did she become 
so? 
Mr. Cibber. When they married 
she was a Singer, but there were 
better voices. I thought her voice 
not the best; and if not best, it is 
nothing. I thought it might possi- 
bly do better for speaking. I asked 
her husband if he had ever heard her 
attempt to speak a part ? he said he
had; and that she did it very prettily. 
I tried her, and was much surprised 
to find her do it so very well. 
Q. Did not her husband take pains 
to instruct her ? 
Mr. Cibber. I believe I was the 
person who chiefly instructed her ; I 
spent a good deal of time, and took 
great delight in it: for she was very 
capable of receiving instruction. In 
forty year's experience that I have 
known the stage, I never knew a 
woman at the beginning so capable 
of the business or improve so fast. 
Q. When did you first hear of any 
disagreement in the family ? 
Mr. Cibber. Soon after he came 
from France, about last April. 
Mr. Fleetwood, Master of Drury-lane 
Play-house was sworn. 
Q. Sir, Do you know the Plain- 
tiff’s Wife? Is she a good Player?  
Mr. Fleetwood. Yes, Sir, I think 
her a good Player for her time. 
Q. What salary did you give her? 
What advantages did she bring to 
her husband ? 
Mr. Fleetwood. She played three 
seasons: For the first, her salary was 
an hundred pounds, and she had a 
benefit. 
Q. What was that benefit worth? 
Mr. Fleetwood. I cannot be par- 
ticular, because I have not looked 
into the accounts on this occasion : 
If I had known I should have been 
examined to this, I could have been 
particular. I believe it might be 
about a hundred pounds. 
Q. Well, Sir, the second year? 
Mr. Fleetwood. The second year, 
Sir, I gave her two hundred pounds 
salary, and she had a benefit. 
Q. What was that benefit worth? 
Mr. Fleetwood. Her salary the 
third year was two hundred pounds, 
and she had a benefit. 
Q. What was that worth?  
Mr. Fleetwood. I believe it must 
have been worth a hundred and fifty 
pounds ; for she grew much in the 
favour of the town, and ’twas a very 
good benefit. 
Note, the examination to these mat- 
ters was at first opposed by the De- 
fendant’s Council, as not being sup- 
ported by the declaration; but the 
Plaintiff's Council insisted, that it 
being laid in the declaration, that 
by the means there alleged the Plain- 
tiff had lost the assistance of his 
wife, he had a right to prove the 
loss he sustained by the Defendant's 
taking her off the Stage, and the 
Quantum of that loss. And of that 
opinion was the Court; so Mr. 
Fleetwood was examined as above. 
The Defendant's Council insisted that
A2 nothing 




6 Trial between THEOPH. CIBBER, Gent. 
nothing here appeared that the De- 
fendant had taken her off the Stage, 
and they cross-examined Mr. Fleet- 
wood.? 
Q. Sir, how comes it that Mrs. 
Cibber does not play this season? 
Mr. Fleetwood. Because we could 
not agree upon the terms. I would 
not come up to her terms. 
Q. What were her terms? 
Mr. Fleetwood. She insisted to 
have as good a salary as any woman 
in the house ; and the first benefit. 
Q. Perhaps she deserves as much; 
is she not as good a Player as any in 
the house ? 
Mr. Fleetwood. I can't say that, I 
can't pretend to determine that. I 
have got more money by Mistress
Clive. 
Mr. Quin, Mr. Johnson, and 
some others were called for this pur- 
pose ; but the Court was of opinion, 
'twas now proper .r the Plaintiff's 
Council to establish their principal 
fact. 
Mrs. Hayes was sworn. 
Q. Mrs. Hayes, pray give my 
Lord and the Jury an account of the 
Defendant's and Mrs. Cibber's com- 
ing to your house. Do you know 
Mrs. Hopson? 
Mrs. Hayes. Yes, Sir, it was just 
this day twelve-month, the fifth of 
December, that Mrs. Hopson came 
into my lodgings. I live in Blue- 
cross street, Leicester-fields ; on the 
Saturday Mrs. Hopson came to my 
house and took my lodgings ; she 
beat them down as low as she could, 
for she said she was a single woman, 
and should give but very little trou- 
ble, she had nobody to come after 
her but a Gentleman and Gentlewo- 
man that would come to see her 
sometimes.  She had the lodgings 
for seven shillings a week; two 
rooms on the first floor : there was a 
bed in each of them ; one of the beds 
was a turn-up bed. She was to come 
in on Sunday, but she sent me word 
that she should not come in till Mon- 
day, and on Monday the fifth of 
December, she came in hackney- 
coach, and some boxes and things 
with her.  On Sunday in the even- 
ing a young Gentleman, whom I 
afterwards knew to be Mr. Sloper, 
called and asked if Mrs. Hopson had 
not taken the lodgings, and whe- 
ther she was come : We told him 
she had taken the lodgings, but that 
she should not come till Monday.-
She lay there on Monday night.-
Neither Mrs. Cibber nor Mr. Sloper 
came that day, but they came soon 
after, I think it was on Tuesday, 
and they supped together, and went 
away between eleven and twelve o' 
clock; Mrs. Hopson sat up, and 
let them out, and locked the door 
after them.  They often came in 
the space of six weeks that Mistress 
Hopson had the lodgings; I believe 
near twenty times. They did not 
come together, but dropping in one 
after the other. They sometimes 
dined, but most commonly supped 
there. Mrs. Hopson used to leave 
them together every time they came,
sometimes two or three hours at a 
time. She often made errants to go 
out to buy something; and some- 
times sat two or three hours at a 
time below stairs with me, while 
they were above together. They 
stayed sometimes till one or two o' 
clock in the morning; and how 
they went away I cannot tell, for I 
was in bed at these times, but I 
believe they usually went in chairs 
or coaches. 
Q. When they were thus left 
alone, did they use to fasten the 
door? 
Mrs. Hayes. Yes, the door used 
to be fast; Mrs. Hopson used to go 
and knock at it, and they let her 
in; and sometimes she could not 
get in, and used to come down stairs 
again. 
Q. How did you know they were 
Mr. Sloper and Mrs. Cibber?
Mrs.                            





and WILLIAM SLOPER, ESq; 7                               
Mrs. Hayes. There was an ac- 
quaintance of mine at my house one 
day, when Mrs. Hopson came down 
stairs to me; one Mr. Rowe, and 
he knew Mrs. Hopson; how do you 
do Mrs. Hopson? Says he. So after 
she was gone, I asked him who Mrs. 
Hopson was, and he told me, she 
was Mrs. Cibber’s maid; so I gave 
her warning, and let my lodgings 
to another;  for I did not like their 
coming. Mrs. Hopson did not usu- 
ally lie there o’night, except when 
they had been there in the evening ; 
but on those nights she did lie there.
One day after I gave warning, Mr. 
Sloper was in a great passion above 
stairs at something, and Mrs. Hop- 
son came to me. You have made a 
fine kettle of fish of it, says she. I do 
not know what she meant by her 
kettle of fish. What fish do you mean 
says I. Why there, says she, you have 
been talking of matters, and he's stark 
mad at it above stairs. She would 
have kept the lodgings; but I chose 
not. I let them to another, and so 
they went away. 
Q. Did Mr. Cibber ever call at 
your house, and talk with you about 
them? 
Mrs. Hayes. Yes, about five or 
six months ago, he came and asked 
me, if Mrs. Hopson had not lodged 
there ? I told him she had. He ask- 
ed, who came to see her, and I de- 
secribed them, both by their clothes 
and their persons; so he said no 
more, and went away. 
Mr. Hayes sworn. 
Q. Sir, give an account of Mrs. 
Hopson’s lodging at your house, and 
who came to see her, and what hap- 
pened, &c. 
Mr. Hayes.  When Mrs. Hopson 
had my lodgings, Mr. Sloper and
Mrs. Cibber used to come often to
her, and she used to leave them to-
gether two or three hours at a time.
They used to go away at one, two,
or three o'clock in the morning, in
coaches or in chairs.  I have a clo-
set on the same floor, adjoining to 
the room where they used to sit; I 
bored holes through the wainscot, 
and could see them very plain. He 
used to kiss her, and take her on his 
lap.  On the 22d day of December 
I was looking thro’; he took her on 
his knee, lifted up her clothes, and 
took down his breeches, and took 
his privy member and put it in his 
hand, and put it between her legs. 
On the 12th day of January, I was 
locked up in the closet at one o’clock 
in the afternoon ; and he came first 
and he was very angry, because she 
was not come; and he sent Mrs. 
Hopson for her. In about two hours
she came.  Mrs. Hopson went away 
and left them alone : So he spoke
something to her in an angry way 
about Mr. Fleetwood ; she said she 
would take away her brother from 
his house, and that she did not value 
Mr. Fleetwood.  He and she grew 
friends again ; they made it up, and 
he took her upon his lap, took up 
her clothes, took down his breeches, 
and put his privy member between 
her legs.  I stayed there longer.- 
Between five and six in the evening 
he let down the turn-up bed softly, 
she laid herself upon it, upon her 
back, and pulled up her clothes; 
her body was bare.  He unbuttoned 
his clothes, hung his bag-wig upon
a sconce, let down his breeches, took 
his privy member in his hand, and 
lay down upon her. 
Hereupon some further questions 
offered as to the fact, his Lordship 
interposed to this effect ; there is no 
occasion to be more particular ; we 
are not trying a rape. However the 
witness did say there was a criminal 
conversation, and being a foreigner, 
he express’d himself as much by 
gestures as by words. 
Q. Was the chamber lock’d ? 
Mr. Hayes. No, it was fastened
with a screw. The holes are there 
to be seen in the wainscot and the 
door. 
Q.                                 




8 Trial between THEOPH. CIBBER, Gent. 
Q. Who did that Screw belong to?  
Mr. Hayes. I believe it was Mrs. 
Hopson’s. I have seen it lying in 
the chamber window. 
Q. How did you know who they 
were? 
Mr.Hayes. Mr. Rowe was one 
day at our house, and he spoke to 
Mrs. Hopson; and afterwards he 
said, she was Mrs. Cibber’s maid. 
Besides I'dogged them both home in 
their chairs: Her chair carried her 
to Mr. Cibber’s house. No. 12, in 
little Wild-Court, and his chair went 
to his father’s house in St. James’s 
place. After he was gone into the 
house, I asked the chairmen whose 
house that was? and they told me, 
old Mr. Sloper’s. I had often seen 
him at the Tennis-Court, and knew 
his name there. 
Mr. Rowe was sworn. 
I was one day at Mr. Hayes’s, and 
Mrs. Hopson came in, I asked how 
she did? I had known her for a good 
many years before; and the last time 
I had seen her, I had been told she 
lived with Mr. Cibber. I believe I 
told Mrs. Hayes so. 
Juryman. My Lord, we would 
beg leave to call back the last witness 
(Mr. Hayes) to ask him this question? 
Why he took the pains to dog Mr. 
Sloper’s chair, at that time of night, 
to learn who he was, when he had 
known him at the Tennis-Court ? 
Mr. Hayes being called in again, 
and question put to him; he answer- 
ed to this purpose :
As Mr. Sloper and Mrs. Cibber 
came into my house, I knew them 
both, because I had seen him at the 
Tennis-Court, and her on the stage;
but to be the more certain, I went 
and followed their chairs, as I told 
you. 
Mr. Carter was sworn. 
Q. Give an account of Mr. Cib- 
ber and Mrs. Cibber’s Lodging at 
your house in March last, and whe- 
ther Mr. Sloper resorted there? 
Mr. Carter. Yes, Sir, on the 2d 
of March Mrs. Cibber took the 
lodgings, I believe for them all; 
there were three beds. 
Q. Do you remember any thing 
of Mr. Cibber’s going to France, 
and whether Mr. Sloper came there 
during his absence? 
Mr. Carter. Yes, Mr. Cibber 
went to France soon after and Mr. 
Sloper did lodge there part of the 
time while he was absent; and he 
lodged there again soon after Mr. 
Cibber came back; and there was a 
lodging taken for Mr. Cibber at 
Blue-Green, about a mile and a half 
from Kensington, and after Mr. 
Cibber, Mrs. Cibber, and Mr. Slo- 
per had supped together, Mr. Cibber 
had a man with a lanthorn and can- 
dle, between nine and ten o’clock 
at night to light him to Blue-Green. 
He came back to breakfast next 
morning, and every morning; and 
they dined, and sometimes supped 
together; and he went to Blue- 
Green at night; and Mr. Sloper, 
and Mrs. Cibber lay at my house, 
but I do not know what beds they 
lay in. When Mr. Sloper went 
away from my house, back to Lon- 
don, Mr. Cibber left Blue-Green, 
and came and lay at my house. 
Q. Who bore the expenses of 
their housekeeping? 

Mr. Carter. Mr. Sloper did.— 
Sometimes he gave my wife money 
to lay out; at other times, my wife 
laid out what was necessary, and 
made a bill of it, and Mr. Sloper 
paid it. 
Q. Did Mr. Cibber know this? 
Mr. Carter. Yes, Sir, it was very 
often before his face. 
Q. Did he ever offer to pay any 
thing? 
Mr. Carter. No, Sir. 
Hannah Calcot, and Ruth Calcot 
being severally sworn and examined 
had little to say. 
They lived at Burnham in Buck- 
inghamshire ; where Mr. Sloper and 
Mrs. Cibber spent part of the last
summer.                            




and WILLIAM SLOPER, ESq; 9                            
summer. They did not live in the 
family. The amount of their evi- 
dence was, that Mr. Sloper and 
Mrs. Cibber lived at the same house 
at Burnham; they were sure he liv- 
ed there because they had seen him 
walk abroad in his slippers, and in 
an undress. 
Fife and Watson being severally 
sworn, deposed. That they and ano- 
ther in a coach went with Mr. Cib- 
ber to Burnham in September last, 
to take away Mrs. Cibber; that 
they left the coach in a field and 
went to the house where she and Mr. 
Sloper were; that she was in a night- 
gown sitting at a tea-table, and Mr. 
Sloper was at the other side of it, in 
his slippers; that Mr. Cibber said 
he came to demand his wife; that 
Mr. Sloper cursed, and swore, and 
called Mr. Cibber hard names, but 
suffered one of the Witnesses to lead 
her to the coach, and walked on the 
other side of her himself; that she 
gave him a watch out of her pocket; 
on which he said by G-d well re- 
membered, the Rascal would have bad 
it else. That they drove away with 
Mrs. Cibber in the coach, along 
with Mr. Cibber and two of his as- 
sistants, the third being on horse- 
back. That Mr. Sloper soon over- 
took them; that he swore there was 
a villain in that coach, who should 
never live to go into another: that 
they came to Slough; and there 
Mrs. Cibber not being well, desired 
Mr. Sloper (who was at the side of 
the coach, before the door of the 
Inn) to get a dram; that Mr. Slo- 
per brought her a glass of rum. 
That she was above a quarter of an 
hour in the coach at the door of the 
Inn, while Mr. Cibber was in the 
house providing for her accommo- 
dation. That when Mr. Cibber 
was in the chamber in the Inn, she 
called her Husband a great many 
Villains, and said, that now he had 
ruined her Reputation: She did not 
value if all the world knew she was
with Child by ’Squire Sloper, and 
that she loved him dearly, for he 
was an honourable Gentleman; that 
Mr. Slooper took up a room in the 
Inn for some time, swore much, and 
fired a Pistol; which one of the 
Witnesses seemed willing to believe 
was intended at him; but being 
cross-examined, he did own that the 
Muzzle of it was elevated, so as to 
point over the stable; and also that 
Mr. Cibber and his assistants had 
two cases of pistols loaded. These 
proved that Mr. Sloper went away 
in the night-time from the Inn, 
which determined Mr. Cibber to 
stay all night; that he sat up all 
night himself; and procured a wo- 
man to lie in bed with his Wife.
She would eat no supper tho’ there 
was one provided; for she was sul- 
ky. The next day he did not take 
the direct road to London, but 
drove a-cross part of the country and 
got to London in the evening. 
- Stint was sworn. 
- Stint. Mr. Cibber employ- 
ed me to take care of his wife when 
he brought her to Town, that she 
might not be taken away again, and 
he used her, and provided for her 
very honourably, and gave orders 
at the Tavern, the Bull-head near 
Clare-market, that she should want 
for nothing: Meat was dressed there 
for her, and brought to her, and 
wine, a pint of white, and a pint 
of red. She complained that it was 
cold weather, and I made her a fire;
and locked her up in the room; 
but she knocked and called, and 
begged for God’s sake I would let 
her out, or else she should be stifled 
for the chimney smoked. So I let 
her out and put out the fire. Mr. 
Thomas Arne, her brother, came 
there, and he begged and prayed 
that I would let her go along with 
him; but I would not break my 
trust, I could not do it: He came 
several times, and finding I would 
not do it, began to break open the
B house;




10 Trial between THEOPH. CIBBER, Gent. 
house, and at the same time bid her 
cry out Murder; she cried out Mur- 
der, and I believe there was an hun- 
dred mob assisting him to break open 
the House. I had a case of pistols, 
and laid my back against the door; 
but they were too strong for me, and 
took my pistols out of each hand, 
and held me fast by each arm; and 
beat me severely, and tore all the 
clothes off my back, and took Mrs. 
Cibber away with them. 
-- Applesford [the Reading Stage 
Coachman] was sworn.
This witness proved that he was 
hired to carry two Ladies and a Gen- 
tleman, some time in September 
last from Slough to Reading. He 
was to meet them at Slough, and
met them accordingly. The Gen- 
tleman walked out of town in his 
boots, about half an hour before the 
coach, and when the witness over- 
took him, he took him in; he knew 
neither him nor the women. 
This witness was paid two guineas 
for his charges; and several other 
witnesses from Slough were also paid 
who had nothing to say to the pur- 
pose. 
Mrs. Brett vas sworn. 
She proved the Marriage; and 
being asked when and where she saw 
Mrs. Cibber last? She answered, this 
morning, at her mother’s. 
This last question was asked be-
cause it had been insinuated that 
Mrs. Cibber at that very time coha- 
bited with Mr. Sloper. 
Mr. Sergeant Eyre, for the De- 
fendant, opened the defense. And 
among other things observed, that 
he believed this was the first action 
of the kind that ever came from the 
Theatre; that he never heard that it 
was a place celebrated for virtue:
that Mr. Solicitor General had taken 
some pains to display the Plaintiff’s 
pedigree as descended from William 
of Wickham; that there was no 
proof made of this pedigree; but he 
observed in the time of William of 

Wickham, who was a Clergyman, 
celibacy prevailed among the Cler- 
gy; therefore the Plaintiff could not 
be descended in a right- line from 
him. That Love is the most go- 
verning passion in human nature; 
that as it is so, all Theatrical Per- 
formances abound with it; that they 
cannot expect to please without it: 
That a very wise and modest man 
who hath wrote one of the best plays 
extant, could not depend on his 
hero for success; that he was forced 
to interlard it with love-scenes, or 
it might probably have been damned 
the first night; and this is the Tra- 
gedy of Cato. That the Hero of 
this piece, that very Cato, the great-
est man of the time he lived in; is 
recorded in history to have had very 
free notions of love and matrimony; 
that he lent his wife to a friend to 
breed out of her, and when they had 
done, he took her back again, very 
well contented. That the players 
are a people who act, and enter into 
all manner of characters, that their 
men and women are made to fall in 
love with each other everyday, this 
day-with one, to-morrow with ano- 
ther; that this practice in variety 
must give them an uncommon pro- 
pensity to love, without any con- 
finement of the passion to a particular 
subject; that it is very likely this 
enters into their common course of 
life. That their women learn all 
the allurements that can engage the 
eye and ear, and strike the imagi- 
nation of young Gentlemen; they 
dress, chat, sing, dance, and every 
way charm unguarded young Gen- 
tlemen, who are not aware of any 
ill consequences. That it had al- 
ready appeared, and would further 
appear in the course of the evidence, 
that if there was a suspicion of any 
thing amiss in the acquaintance be- 
tween Mr. Sloper and Mrs. Cibber, 
that the Plaintiff must thank himself 
for it; that the Plaintiff had taken 
pains to bring them acquainted, to
live                               




and WILLIAM SLOPER, Esq; 11                                        
live under the same roof, and used 
to leave them together to improve 
their acquaintance; that he (Ser- 
jeant Eyre) hoped, that nothing 
criminal had passed between them; 
but if there had, the Plaintiff had 
certainly encouraged it, and had no 
pretense to come to a Jury for da- 
mages. 
Mr. Lloyd, on the same side, 
made an excellent speech, which we 
do not take upon us to give the 
reader; we shall only mention a 
hint or two. He hoped (as Mr. 
Sergeant Eyre had done) that nothing 
criminal had passed between the 
Defendant and the Plaintiff's wife; 
but if any thing seemed to tend that 
way, it at the same time appeared, 
that the Plaintiff was privy and con- 
senting to whatever intercourse or 
familiarities there passed between 
them. That if there had been any 
thing done amiss with such circum- 
stances (he submitted to his Lord- 
ship’s direction, but) apprehended 
that the Plaintiff had-no wrong done 
him, upon this maxim in Law and 
Reason, Volenti non fit injuria; and 
that therefore he, (the Plaintiff) 
ought not to have a verdict. But 
that if it should be thought proper 
(notwithstanding such consent) to 
find a verdict for the Plaintiff, it 
would at least be fit and necessary for 
the Gentlemen of the Jury to pro- 
portion it to the size of the trespass, 
which he hoped would be taken in 
consideration upon this occasion.— 
He said this and much more, in a 
much better manner than we can re- 
late it (for a reason already given) 
and proceeded to the evidence for 
the Defendant. 
Anne Hopson was sworn. 
Q. Did you lodge at Mr. Hayes’s 
about this time twelvemonth? 
Anne Hopson. Yes, Sir, I was then 
out of service. I had left Mr. Cib- 
ber’s; and intended to follow the 
business of mantua-making: I was 
bred to it. 
Q. Did Mr. Sloper and Mrs. Cib- 
ber sometimes meet at your Lodg- 
ings? 
Anne Hopson. Yes, they came to 
see me pretty often. They desired 
they might come there, and usually 
had a bit of something for supper. 
Q. For what purpose did they 
meet?  
Anne Hopson. As they were ac- 
quaintance, to converse together. 
Q. Did you use to go out, and 
leave them alone together? 
Anne Hopson. Yes, I often had 
occasion to go and buy something 
for supper, or some tea and sugar; 
and I had occasion to be below stairs 
to get supper ready.
Q. When you came up stairs did 
you use to find the chamber-door 
fast? 
Anne Hopson. Sometimes it was 
so: and Mr. Sloper used to open it 
to me. 
Q. Pray what could you believe 
was the occasion of these private 
meetings. 
Anne Hopson. I will tell you all I 
know of the matter. I do not fear 
my character; there are enough in 
Court that will give me a very good 
character. It was about March was 
twelve-month that Mr. Sloper used 
first to come to our house, to Mr. 
Cibber’s: The servants did not 
know who he was; but my master 
called him Mr. Benefit, and used to 
say he was a Romp, and a good-na- 
tured boy. Mr. Cibber was then 
very bare of money, and afraid of 
his creditors. I was sorry for it;
for he owed me a good deal of mo- 
ney, and does so still. But one day 
he told me: Anne, says he, I shall 
have a good deal of money soon, and 
you shall have some. And I know 
he soon after had a good deal of mo- 
ney, and he paid me five guineas. 
That summer we went to lodge at 
Kingston, and Mr. Sloper with us. 
My Master used often to leave Mr. 
Sloper and my Mistress at home,
B2 and   

            




12 Trial between THEOPH. CIBBER, Gent.
and go a riding or abroad, some 
where or other. The rest of the ser- 
vants wondered at it as well as I; 
but I knew no harm. They did not 
know Mr. Sloper’s name. My mas- 
ter called him his cousin Thompson. 
Afterwards when they came to town 
I left the service, and took that 
lodging. - In last Spring, about 
March last, I lived with them again. 
My Master took me aside, and made 
me promise secrecy concerning some- 
thing he was about to say to me. He 
told me he was going to France: 
That there was an affair between 
Mr. Sloper and his wife: That he 
was ruined for ever if it should be 
publicly known. And he made 
me promise to live with her till he 
should come back, that the rest of 
the servants might not know any 
thing of the matter. I promised 
him. They took lodgings at Ken- 
sington, and my master went to 
France in March or April. He was 
some weeks gone, and in his absence 
Mr. Sloper was commonly at the 
lodgings at Kensington. When my 
master came back he was at a bagnio 
in Goodman’s Fields, and sent word 
to my mistress.  Mr. Sloper was not 
then at Kensington. My mistress 
and I went to Goodman’s Fields in 
a hackney coach, and he came back 
with us to Kensington. In our re- 
turn we changed our coach two or 
three times by the way, that he might 
not be discovered. She told him she 
expected Mr. Sloper in a day or two. 
My master said he would take a 
Lodging when Mr. Sloper came; 
or if there was not time for that, he 
would go and lie at some inn in the 
town. Within two or three days 
Mr. Sloper came; and then Mr. 
Cibber sent and took a lodging at 
Blue-Green, and after supper about 
nine or ten o’clock he went there, 
with a man carrying a lanthorn and 
candle, and left Mrs. Cibber and 
Mr. Sloper at the lodgings at Ken- 
sington. He came back to breakfast
next morning, and dined, and I be- 
lieve supped: and so he did several 
days, till Mr. Sloper went away; 
and then Mr. Cibber paid off the 
lodgings at Blue-Green, and came 
to the lodgings in Kensington to his 
wife. 
Q. Was you at Burnham with 
Mr. Cibber and his wife, and Mr. 
Sloper? 
Anne Hopson. Yes, last Summer it 
was. They three and I looked over 
the house; that they might contrive 
in what rooms to lie, and the rest 
of the servants know nothing of the 
affair. It was a large house, seven 
rooms on a floor. Mr. Cibber’s 
bedchamber and Mr. Sloper’s had a 
door opened between them.  Mrs. 
Cibber used to undress herself in my 
master’s room, and leave her clothes 
there, and put on a bed-gown, and 
take away one of the pillows from 
my master’s bed, and go away to 
Mr. Sloper’s room; my master used 
to shut the door after her, and say, 
Good night my dear; and sometimes 
he used to knock at their door in a 
morning, to call them to breakfast, 
and at other times he sent me to call 
them; and the pillow was brought 
back again; for my master’s bed 
was always made with the two pil- 
lows. 
Q. Did you see Mrs. Cibber the 
day she was rescued, and where? 
Anne Hopson. Yes, I saw her at her 
Mother’s, Mrs. Arne’s. 
Q. Was Mr. Sloper there? 
Anne Hopson. He was there. 
Q. What became of Mrs. Cibber?
Anne Hopson. I do not know. She 
went away somewhere. I did not 
see her till two or three days after- 
wards. 
Q. Did you go down into the 
country with her afterwards? 
Anne Hopson. Yes, we went to 
Reading. Mr. Sloper met us at 
Slough, and there we went into the 
Reading coach, Mr. Sloper walked 
out some time before us, and the 
coach took him up. 
Q.                               





and WILLIAM SLOPER, ESq; 13                                 
Q. Where was Mrs. Cibber af- 
terwards? 
Anne Hopson. At Reading with 
Mr. Sloper, till she came to town 
about five weeks ago. 
Mrs. Carter (the Wife of a former 
Witness) was sworn. 
She gave in substance the same 
evidence that her husband did be- 
fore; and that Mr. Sloper used to 
pay her the money for housekeep- 
ing. That when the lodging was 
taken at Blue-Green, and upon her 
asking the meaning of it, she had 
for answer, it was because Mr. Cib- 
ber was a mean spirited dog. 
Q. Why would you keep such a 
house? 
Mrs. Carter. I thought it no bu- 
siness of mine, if the husband con- 
sented, and was satisfied. 
Jane Philips was sworn. 
Q. Give the Court, &c. 
Jane Philips I lived at Burham, 
and used to make the beds. Mr. 
Cibber and Mr. Sloper’s beds. - 
There were two pillows on Mr. Cib- 
ber’s bed, and only one pillow on 
Mr. Sloper’s; but there was the 
mark of only one person having lain 
in Mr. Cibber’s bed, and of two in 
Mr. Sloper’s. The bed-chambers 
opened into each other: I never saw 
Mrs. Cibber undress, nor do not 
know who brought back the pillow 
every morning. 
As little hath been said with regard 
to the rest of the Council, so as to Mr. 
Murray, we shall mention but a few 
hints from his speech. 
He observed, that the Plaintiff by 
his Council shewed himself related 
to William of Wickham; but would 
have been entitled to claim that alli- 
ance if he had observed William of 
Wickham’s motto, that Morals make 
the Man. The words are, Manners 
make the Man; but Manners are there 
intended to signify Morals. 
That upon the whole of the evi- 
dence, (he the Council) was afraid 
that the Plaintiff’s wife and the De-
fendant had gone beyond the bounds 
of duty; but whatever had passed, 
appeared not only to have been with 
the Plaintiff’s consent, but even to 
have been concerted by him. That 
the Defendant was a young Gentle- 
man of fortune, who became ac- 
quainted with a Player and his wife: 
That she being mistress of the allu- 
ring arts of the stage, first engages 
the young Gentleman’s affection 
and draws him in, and this with the 
husband’s privity and assistance. For 
the Plaintiff conceals the Defend- 
ant’s true name from the knowledge 
of the servants; at one place he 
calls him cousin Thompson; at ano- 
ther, Mr. Benefit; a cant name, 
taken from a particular night in the 
year when they get a great deal of 
money. The Plaintiff tells the ser- 
vants the Defendant is a Romp and 
a good natured boy; and he makes a 
boy of him. He takes his money, 
lets him maintain his family, resigns 
his wife to him; and then comes to 
a Court of Justice, and to a Jury of 
Gentlemen for reparation in da- 
mages. The Council further re- 
presented, that it would be of the 
utmost ill consequence if it should 
once come to be understood in the 
world, that two artful people, be- 
ing husband and wife, might lay a 
snare for the affections of an unwa- 
ry young Gentleman, take a sum 
of money from him, and when he 
would part with no more, then 
come for a second sum to a Court of 
Justice. 
That he (the Council) desired 
to be understood as by no means 
an advocate for the immorality of 
the action; but this is not a prose- 
cution for the publick, or to punish 
the immorality: This is only a 
question whether the Defendant has 
injured the Plaintiff; and certainly 
the Plaintiff cannot be injured if he 
has not only consented, but has even 
taken a price.
However, 




14 Trial between THEOPH. CIBBER, Gent. 
However, if it should be thought 
requisite to find a verdict for the 
Plaintiff, we had not a denomina- 
tion of coin small enough to be giv- 
en him in damages. 
Mr. Solicitor General in his 
reply, observed the ill consequence 
of letting it pass for Law that men 
might sell their wives, which would 
be the consequence of giving a ver- 
dict for the Defendant. 
His Lordship summed up the evi- 
dence, 
And the Jury withdrew, and in 
about half an hour brought in a ver- 
dict for the Plaintiff, and ten pounds 
damages.
THE
























                            THE

[15]              
The CASE of RICHARD LYDDEL, Esq; as it appeared 
upon his Trial at the Court of Common Pleas, before 
the Right Honourable Lord Chief Justice EYRE, for 
carrying on a Criminal Conversation with the late 
Lady ABERGAVENNY; on Monday the 16th Day 
of February, 1729-30. 
THE Jury being sworn 
to try the issue between 
the Right Honourable 
the Lord Abergavenny, 
Plaintiff, and Richard 
Lyddel, Esq; Defendant, upon an 
action of trespass; for that he the 
said Richard Lyddel, did carry on 
a criminal correspondence with the 
Plaintiff’s Lady, by which means 
he did debauch, carnally know, and 
committed adultery with her, to the 
great loss, disappointment, and un- 
easiness of the Plaintiff. 
The Council for the Plaintiff, 
having learnedly opened the circum- 
stances of the offence, and peculiar 
aggravations attending it, with re- 
gard to the Defendant, proceeded to 
call the witnesses, who deposed, as 
followeth. 
Elizabeth Hopping deposed, that 
she lived in his Lordship’s family for 
six years, and about three weeks be- 
fore Christmas was twelve-month, 
taking notice of Mr. Lyddel’s fre- 
quently kissing her Lady in the dress- 
ing-room, thought the familiarity 
too great betwixt them, and unbe- 
fitting, which gave occasion to her 
to watch their conversation; that 
she had often seen her Lady’s bed 
tumbled when none but Mr. Lyddel 
and her lady had been in the room: 
Another time knowing them to have 
been in the dining-room, about nine 
in the morning, was willing to see 
what they were doing, and placing 
herself in the with-drawing room, 
she looked through the key-hole in 
the parlour, and saw her lady against 
the door that went into the hall, and 
Mr. Lyddel against her, her lady’s 
petticoats up as high as her garters, 
and his coat unbuttoned, but could 
not see his breeches down, because 
his coat covered them; that she saw 
him doing something that a man 
ought not to do. Being asked what 
she thought he was doing; replied, 
she thought he had a criminal con- 
versation with her lady, and being
surprised, she looked a second time, 
and saw them in the same posture. 
Then she went and told the laundry 
maid that she had seen her lady with 
Mr. Lyddel against her, with her 
petticoats up, and that she thought 
he was debauching her lady. Being 
asked whether she thought they were 
in criminal conversation together 
both the times? She said, she believ- 
ed they were; being asked what was 
the ground of her suspicion; she re- 
plied, she saw him often kiss her in 
her bed-chamber, dining-room and 
dressing-                           




16 Trial of RICHARD LYDDEL, ESq; 
dressing-room. Being asked how 
Mr. Lyddel was received by his 
Lordship when he came there?  She 
replied, his Lordship always receiv- 
ed him very joyfully; that Mr. Lyd- 
del came very often, and staid there 
sometimes a week together, that he 
lived from his Lordship’s house about 
seven miles. She being asked, why 
she did not acquaint her Lord with 
it? Replied, she thought her Lord 
would not believe it, but that she 
told her fellow servant, Elizabeth 
Letchmere, and that she told no 
other servant of it. Being asked how 
it came to pass when she saw so no- 
torious a fact, that she did not dis- 
cover it presently to her Lord? Re- 
plied, that she dared not open such 
a thing to his Lordship, till her Lord 
asked her about it. 
Elizabeth Letchmere deposed, that 
her fellow-servant came to her, and 
told her, three weeks before Christ- 
mas was twelve-month, that her lady 
was a Devil; that she asked her the 
reason, she then told her she looked 
through the key-hole and saw her 
against the door in the parlour with 
her petticoats up, and Mr. Lyddel 
before her; that this was about nine 
in the morning. Being asked whe- 
ther she discovered it to any body? 
Replied, she told Mr. Osman of it. 
— Pinches deposed, —that the 
observation she made, was when Mr. 
Lyddel came to her lady, about a 
twelve-month ago: her lady gave 
her orders to go out of the room 
when Mr. Lyddel came; that the 
bed was unmade when he came, and 
when she went up to make it, she 
found the door was locked, that 
when her lady gave her notice of it 
once or twice, she kept out of the 
way. Being asked, whether it was 
usual for her to leave the room when 
visitors came to her lady? She repli- 
ed, that she never did when she was 
making the bed; and that visitors
never came into her lady’s chamber, 
but into the dressing-room. Being 

further asked, whether, when her 
Lord was at home, she never saw 
my Lord and Mr. Lyddel in my la- 
dy’s chamber together? Replied, 
she never knew them together there. 
Mary Hodson deposed, —That she 
lived two years with the Lord Aber- 
gavenny in town and country both, 
as a laundry maid; that as she stood 
at her window, facing her lady’s 
dressing-room, she hath seen Mr. 
Lyddel take her lady by the pinners 
and kissed her, that when he pulled 
her lady away, the window-shutters 
were one-quarter or half shut too; 
that she had observed this several 
times very plainly. Being asked, 
how long after he had kissed her 
lady, that she hath observed the 
window-shutters to be put too? Re- 
plied, about a quarter of an hour. 
Being asked whether these observa- 
tions were made in town? She repli- 
ed, yes.
William Smith deposed, —That be- 
ing porter to my Lord Abergavenny, 
he was ordered by his lady, when- 
ever Mr. Lyddel came to admit him, 
that she would not be at home when 
Mr. Lyddel was there, but when 
Mr. Lyddel was gone, his Lady 
would be at home to any body that 
came; that Mr. Lyddel was always 
admitted, and that was his direction. 
That when Mr. Lyddel hath been at 
his lordship’s, his lordship and he 
have gone out together, and he hath 
returned again before him, and gone 
to his lady’s apartment. That Mr. 
Lyddel and a gentleman have dined 
with his Lady, went out together, 
and Mr. Lyddel has returned again, 
and staid with his lady two hours; 
that when he came he used to ask 
him, whether his lady was at home: 
and if the footman hath been out of 
the way, he hath waited upon him 
himself to his lady’s apartment; that 
he was always admitted; when his 
lord was at home he would go to his 
lordship’s apartment, and afterwards 
from his lordship’s to his lady's.-
Being                              





and Lady ABERGAVENNY, for Crim. Convers. 17                                                
Being asked, whether he ever knew 
him denied when his lord was at 
home? He replied, he never did. 
Mr. Matthews, my Lord’s Gen- 
tleman deposed, that he had a great 
many suspicions of a criminal cor- 
respondence between Mr. Lyddel 
and his lady; he had taken notice 
she would order none to be let in 
but Mr. Lyddel; that one evening 
his lady said, she would be at home 
to none but him; that he went up 
and found none but Mr. Lyddel 
there with his lady, and only two 
candles burning; that he went and 
brought up two others, that there 
might be light in the room, that 
when he camp to go into the room 
the door was fast; that he heard his 
lady run from the couch to the fire- 
side, which is about six feet, she 
opened the door and said. You fling 
the door so hard you will make the bolt 
fly; that when he came in he saw 
Mr. Lyddel upon the couch, as if he 
were putting up his breeches; that 
he had since flung the door several 
times, and found the bolts not to 
fly. That when he went into the 
country, he had several pair of leases 
to engross for his lord’s tenants;
that the apartment he writ in was 
under Mr. Lyddel’s room, called the 
White Room; that one morning 
October 13th he heard the voice of 
a man, and presently heard the 
White Room bed crack. Upon 
which being in a great surprise, 

was resolved to see who came out; 
that he went half way up the great 
stairs, and saw Mr. Lyddel coming 
out, who desired his servant to be 
called to him. That running as 
hard as he could, he met one of his 
lord’s servants, and desired him to 
send Mr. Lyddel’s man up to his 
master, after which he went up the 
back-stairs through the long gallery, 
and saw his lady come out very red, 
and disordered, and thought she 
came from Mr. Lyddel’s room. Be- 
ing asked, whether he afterwards 
met with her, and in what room?
Replied, that the next morning the 
14th of October, about nine o’clock, 
he heard a woman come in after the 
same manner, and heard the step of 
a man, and the bed crack, as the 
morning before; then he went up 
the back-stairs, and at the end of 
his lord’s gallery he took off his wig, 
and laid himself down, that no body 
might see him? That he heard the 
bolt of Mr. Lyddel’s door open, then 
he saw Mr. Lyddel come out of his 
chamber door looking about him, 
and going in, immediately his lady 
came out, with her hands spreading 
her petticoats; but when he saw 
her, he got up with a book in his 
hand, as waiting his lord’s getting 

up in the morning, which was his 
known practice; that then his lady 
went into her own dressing-room. 
Being asked, why she held her pet- 
ticoats after such a manner? Repli- 
ed, because Mr. Nevell, who was 
in a room hard by, should not hear 
the rustling of her silks. The next 
day being from home, could make 
no observation. That on Thursday 
he heard the same noise in the White 
Room, after the same manner as he 
had done before. In the afternoon 
of the same day he acquainted Mr. 
Osman, his Lord’s Steward, for he 
said he could not bear to see his 
Lord injured after such a manner. 
That on Friday, as he was writing 
again, he prevailed with Mr. Osman 
to be present with him, and when 
they were together, he asked Mr. 
Osman whether he did not hear 
somebody come in? He said, yes? 
and in a little time they heard the 
bed crack; that this Deponent said 
to, Mr. Osman, in a little time you 
will hear the bolt of the door make 
a noise, and so it happened, for 
they being at the great stairs; Mr. 
Osman told him he heard it very 
plain, and saw the lady come out of 
Mr. Lyddel’s room, with her petti- 
coats held up in her hands as she
C used





18 Trial of RICHARD LYDDEL, Esq; 
used to do, to prevent the Gentle- 
man that lodged by her from hear- 
ing her. On Saturday morning this 
Deponent and Mr. Osman heard 
and saw as before. Being asked, 
what method he took in order to 
have it discovered? Replied, that 
he discoursed with Mr. Osman and 
they consulted what method they 
should take; that several mornings 
they had had those consultations; 
further, that he acquainted Mr. Day 
with it. It being asked what con- 
clusion they came to? He replied, it 
was agreed upon, that their lord 
should know of it some way or other. 
They proposed the discovery should 
be made by his lordship’s mother, 
but she was under a great deal of 

concern about it, and desired some- 
body else might do it; then they 
thought no person so proper as Mr. 
Day to do it, who is a neighbour 
and relation of his lordship’s. Mr. 
Day accepting of the proposal did 
communicate it. Being asked, when 
it was communicated to my lord, 
what answer did he give of what his 
lordship would do ? He replied, that 
Mr. Day told him, that his lordship 
was willing that we should surprise 
him the very act. He gave this 
direction to Mr. Day and Mr. Os- 
man. The method that we took 
was, that Mr. Day, Mr. Osman, 
and myself were to conceal ourselves 
in a closet, adjoining to the room 
where Mr. Lyddel lay, and on the 

8th of November last, about six in 
the morning, we all placed ourselves 
there; that they stayed there till about 
nine, at which time her ladyship 
came into Mr. Lyddel’s room, went 
round it, and was heard to say with 
a low voice, I cannot stay with you 
now; upon which Mr. Day and 
Mr. Osman thinking her gone were 
for going away, but this Deponent 
acquainted them that she was not, 
prevailed with them to stay, and he 
listening very close heard a noise, 
upon which they all went together
into the chamber, and coming softly 
to the bed-side withdrew the curtains, 
upon which Mr. Lyddel cried out, 
O God! That this Deponent saw her 
ladyship in a very indecent posture, 
who in a great surprise said, Dear 
Matthews do not ruin me; upon which 
he said he was very sorry for what 
was done, she repeated it again, Do 
not ruin me; he told her that he was 
sent by his Lord’s direction, and that 
he must be true to his lord. That 
Mr. Lyddel in his surprise seemed 
not to have heard what was said, and 
therefore cried out. What do you say? 
This Deponent answered him, Sir, 
I thought you could not have been guilty 
of so-soul an act.  And Mr. Osman 
saying to him, for you, Sir, to come 
so frequently, in such a shew of friend- 
ship, and to wrong his Lordship after 
such a manner as you have done, is a 
crime for which you can make him no 
satisfaction; that Mr. Lyddel replied. 
It is very true I can make no satisfac- 
tion. Then he said he would take 
horse and ride away, and never re- 
turn to his lordship’s house any more. 
Then Mr. Osman said to him, it 
was his lordship’s direction that he 
should be kept there. This Depo- 
nent being asked what room this was 
in; replied, that it was Mr. Lyddei’s 
room; that they lay cross the bed 
when they opened the curtains. — 
Being asked, how many days Mr. 
Lyddel was at his lordship’s at this 
time? he replied, that he came the 
7th of November.  Being asked who 
he received his instructions from; he 
replied, from Mr. Day and Mr. Os- 
man, and that his lordship in his 
instruction said to them when he 
went to bed, be sure when you come 
into the room;  and if you find my 
wife there I desire she may be used 
tenderly; —that this was over night, 
and they were taken together at nine 
o’clock the next day. Being asked 
what directions his lordship gave 
with respect to Mr. Lyddel? replied, 
'That in case we take them toge- 
ther                             





and Lady ABERGAVENNY, for Crim. Convers. 19                                               
ther in the manner we found them, 
that then I should come to town and 
give orders to Mr. Staples to pro- 
ceed against him according to law. 
Being asked, what was to be done 
with Mr. Lyddel in the mean 
while? Replied, that his lordship 
gave directions to secure him in the 
house till further orders. This De- 
ponent being asked, whether he 
went to London after this? Replied, 
Yes, and went to Mr. Staples, and 
went to Mr. Staples, and made affi- 
davit of what he saw, upon which 
there was a process taken out, which 
this Deponent delivered to the She- 
riff’s bailiff, and was executed on 
Monday morning; that then he 
supposes he was carried away to the 
County-goal. Being asked, what 
orders were given about his Lady’s 
going? He replied, that he had no 
orders about her, but she went away 
on the Saturday after the discovery, 
very big with child. 
Mr. Osman deposed, that Mr. 
Matthews came to him and expressed 
himself much concerned, with con- 
cerned, with relation to the intima- 
tion he had observed betwixt Mr. 
Lyddel and his lady, and said that 
Mr. Lyddel had abused his lord, by 
lying with his lady; and gave this 
Deponent several instances of it, (as 
before-mentioned in his evidence) 
and that he went himself to Mr. 
Matthews’s room as desired, and 
saw the same two mornings together. 
That he was very much concerned 
and surprised at the observation of 
these passages, and to find his lord 
abused after so gross a manner; for 
he believed that his Lordship was 
as tender a husband, and had as 
great a value for his wife as any 
person in the world, that none can 
be more fond;  and tho’ they knew 
it would be a great affliction to their 
lord, were notwithstanding resolved to 
acquaint him with it; for they could 
have no peace in their own consci- 
ences while they kept it as a secret
from him ; to which end Mr. Day 
was acquainted with it; he accepted 
of the office, and acquainted his 
lordship with it on the 6th of Nov. 
last;  after this manner : --'He 
desired his lordship would be pleased
to walk in the fields with him, for 
he had something very particular to 
communicate to him; but his lord- 
ship being very pressing to know 
what it was, Mr. Day opened it to 
him; his lordship was extremely 
concerned that his friend had done 
such a thing, and said, He could not 
have done so to him. Then his lord- 
ship gave directions to make disco- 
very, which was after this manner:
We proposed early the next morning 
to go into a closet that joined to the 
room where Mr. Lyddel lay, which 
we accordingly did, that this depo- 
nent being placed against the closet 
door could see the room, and had 
such a command of it, that no-body 
could go in or come out but what he 
must see; that a little after eight 
o’clock, Mr. Lyddel’s man went in- 
to the room, and as he was coming 
out, his master being in bed, says 
to him, -, Are your razors ready, 
for I shall shave myself by and by;
— Then the man went out of the 
room, and at nine o’clock his lady 
came along the gallery to Mr. Lyd- 
del’s door, and entered his chamber, 
that he saw her thro’ they key-hole, 
when she came against it she made 
a stop, and then went to Mr. Lyd- 
del’s bed-side, and said something 
to him; then she returned, which 
made this Deponent conclude she 
was gone quite away, likewise Mr. 
Day said she was gone, but Mr. 
Matthews was of another mind, and 
went and opened Mr. Lyddel’s door, 
and steps to the bed and undrawn the 
curtains of the bed-side, and said, 
So then! the lady was lying across 
the bed, and her clothes by that time 
this Deponent came, was down to 
her knees, that he saw her legs; and 
then Mr. Lyddel had nothing but 
C2 his                    




20 Trial of RICHARD LYDDEL, Esq; 
his shirt on; that she used several 
expressions in great surprise, 'I shall 
be ruined, but we told her we were 
there by his lordship’s direction; 
that Mr. Lyddel raised himself up 
and said, —' What is the matter? I 
have heard nothing you have said.’ 
This Deponent said, 'We come to 
observe the vile treatment you have 
used towards my lord, and, for this 
you can never give his lordship satis- 
faction.’ He said, it is very true, I 
will take my horse and go away, and 
never return more; upon which this 
Deponent said, you had as good stay 
while you are here. Being desired 
to give an account of the friendship 
which was between his lordship and 
Mr. Lyddel, he said, that the friend- 
ship was very great, that his lordship 
always received Mr. Lyddel with a 
great deal of pleasure and satisfaction 
that there was as good a provision 
made for him by his lordship, as for 
any-body that came to his house, that 
it was his opinion that his lordship’s 
secrets were communicated to him, 
and that he never knew of greater 
friendship and intimacy, than there 
was betwixt his lordship and Mr. 
Lyddel.  Being asked, when her 
ladyship went away after the disco- 
very? He replied, she went away at 
three o’clock the day of discovery, 
by his lordship’s order, to General 
Tatton her father. 
Mr. James deposed, that at the 
desire of the lady he went into Mr. 
Lyddel’s room on Saturday morning 
on the 8th of November last, after 
the discovery was made, that when 
he came into the room he found Mr. 
Lyddel in a great confusion and dis- 
order, saying, 'I am a vile wretch; 
for God’s sake do not speak to me ; 
for God’s sake do not speak to me.’ 
Mr. Day deposed, that he was his 
Lordship’s Steward and took care of 
his estates in several counties, that 
he observed the intimacy between his 
Lord and Mr. Lyddel, and in his 
esteem his Lordship was the greatest
friend Mr. Lyddel had in the world, 
that there was as entire a friendship 
betwixt them as ever was amongst 
men, and that their mutual respect 
for each other was very strong; so 
that this Deponent was surprised 
when Mr. Matthews let him into 
some of the secrets of his Lady and 
Mr. Lyddel’s intimacy, the first of 
which was about the month of March 
last; that he could not conceive that 
Mr. Lyddel would be guilty of so 
foul a crime, when he knew the 
intimacy that was between his Lord 
and him; he could not give credit 
to those reports till the account they 
gave him of the observations they 
made in the five mornings, that then 
this Deponent did believe it, and 
that they fixed upon him to discover 
it to his Lordship which he did up- 
on the 6th of November; that he 
asked his Lordship, whether, consi- 
dering the great affection he had for 
his Lady, he could bear the disco- 
very of it? That this Deponent pro- 
posed the method of the discovery 
which his Lordship approved of, 
and what he did was by his Lord- 
ship’s orders. 
The Council for the Defendant 
acknowledged, that a verdict ought 
to be given against the Defendant, 
but used divers arguments for miti- 
gation of the damages; as that the 
damages ought to be proportioned to 
the circumstances of the person of- 
sending, that it lies before the Jury 
to give more or less, according to 
circumstances. That the Defend- 
ant’s estate, is only an estate for life, 
and under great incumbrances. - 
Argument was offered, that this ac- 
tion was not laid for an assault in 
debauching the Plaintiff’s Lady, but 
for destroying the health, satisfaction
and comfort of the Plaintiff, that 
from the time the fact was committed 
to the time of her death, was so short 
that the injury his Lordship sustained 
in his health could not be very 
great. Another argument was the
Lady's                         




and Lady ABERGAVENNY, for Crim. Convers. 21
Lady’s chamber, by which means 
she became a temptation to him, and 
was a temptation hard to be resisted, 
that this fact between Mr. Lyddel 
and the Lady, might have been as 
well prevented as discovered, if they 
had thought fit, but that it seemed 
as if an agreement was made to lay a 
snare and temptation to draw him 
into a criminal action. Another ar- 
gument is, that his present affliction 
is a great punishment to him; and 
that even the witnesses for the Plain- 
tiff say, that he thought himself the 
most miserable wretch living, and 
if so, then what must his affliction be 
now, that he ought to be considered 
as a very unfortunate and unhappy 
person, upon which account there 
is no reason to charge much damages 
as to the total ruin of him who is 
miserable enough already. 
Several Lords and Gentlemen ap- 
peared to his reputation, who gave 
him the character of a very civil, mo- 
dest, well-bred Gentleman, and 
could never have thought he would 
have been guilty of any thing of this 
nature. There were several mort- 
gage-deeds produced in Court, upon 
the estate of the Defendant amount- 
ing to 11000l. 
The Council for the Plaintiff in 
their reply urged, that the damage 
ought not to be calculated from the 
time the fact was committed to his 
Lady’s death, the consideration of 
the damages ought to regard futurity; 
that when once the ties of mutual 
love are broken, it can never be re- 
paired, and if they had not been de- 
tected they might have gone on with 
impunity.  As to the plea made use 
of, that his estate is not capable of 
paying large damages, a case was 
mentioned of a footman for the like 
crime, who was fined 5000l. for it 
is but reasonable, if a person destroys 
the happiness of another, his happi- 
ness ought to be disturbed as long as 
he lives. There is a standing law 
against adultery, the Adulteress and 
Adulterer too are to be put to death. 
There is nothing here can make sa- 
tisfaction but a pecuniary punish- 
ment. 
Upon the whole, the Jury with- 
drew, and after a short stay brought 
in their verdict for the Plaintiff, Ten 
Thousand Pounds damages.
THE


                                    




[22]
THE 
TRIAL 
OF 
FRANCIS CHARTERIS, for a RAPE.
This Trial is taken, verbatim, from a very scarce 
Manuscript. 
ABOUT the beginning 
of December, 1729, a 
Bill of Indictment was 
found at Hicks’s Hall, 
against Colonel Francis 
Charteris, for an attempt to ravish 
Anne Bond, Spinster; whereupon a 
warrant was issued out against him 
by the Right Hon. Sir Robert Ray- 
mond, Knt. then Lord Chief Justice 
of England, and delivered into the 
hands of Mr. Chadwick Chambers, 
his Lordship’s Tipstaff, who was of- 
ten, but in vain, in pursuit of him; 
for the Colonel took a trip to Flan- 
ders, and on his return kept himself 
private till the 25th of February, 
when the Sessions began at the Old 
Bailey, and then Mr. Counsellor 
Strange mov’d the Court, that the 
Colonel might be permitted to sur- 
render himself the next day, in order 
to take his trial; which being grant- 
ed, he appear’d at the Sessions house, 
but unexpectedly found the bill for 
an attempt to ravish, turn into an
indictment for an actual rape, when 
he was brought to the bar, and ar- 
raign’d as follows. 
Francis Charteris, of St. George, 
Hanover-Square, Esq; was indicted, 
for that he not having the fear of God 
before his eyes; but being moved by 
the instigation of the Devil, did on 
the 10th of Nov. last, ravish, and 
carnally know Ann Bond, Spinster, 
against the will of the said Ann Bond, 
against the peace of our Sovereign 
Lord the King, and against the sta- 
tute in that case made and provided.
To this indictment the prisoner 
pleaded not-guilty; and for his trial 
put himself upon God and his coun- 
try. 
The Council for the Prosecutor 
opened the cause, observing, that 
though facts of this nature were now- 
a-days made little account of by too 
many persons of levity, yet they had 
always been, by all civiliz’d nations, 
nay even by many barbarous ones, 
rank’d among crimes of the most hei- 
nous nature.                
Having




Trial of Col. Francis Charteris, for a Rape. 23
Having amply set forth the man- 
ner and nature of the offence, they 
supported the Charge by the follow- 
ing evidence. 
Ann Bond deposed, that being out 
of place, and having been ill, she 
happened to be sitting on a bench at 
her lodging, and a woman, whom 
she knew not, took an occasion to 
enter into conversation with her, and 
asked her if she wanted a place, tell- 
ing her she was very serviceable in 
helping servants to places; she re- 
plying that she would willingly em- 
brace a good service, she told her she 
could help her to a very good one, 
which was to one Col. Harvey; that 
accordingly she went, and was hired, 
and did not know for three days but 
that the prisoner’s name was Harvey. 
That for the first three days she was 
treated well; that he sent his foot- 
man with her, and he redeem’d some 
clothes that she had been obliged to 
pawn; and he had also money, and 
orders given him to buy some linen, 
which when she came home the pri- 
soner said she should have: but she 
refused to take it, saying she had no 
occasion for it. That after three 
days he began to solicit her to let 
him lie with her, offering her a purse 
of gold, telling her he would give 
her a great many fine clothes, get 
her a good husband, would give her 
a house, he having a great many, if 
she would go to bed with him: that 
she told him she would take none of 
his money on any such account: that 
she came not thither for such purpose, 
that if she did not do his work to his 
mind he might turn her away: That 
afterwards she hearing one come to 
the house, enquiring for Col. Char- 
teris, she spoke to the house-keeper, 
telling her she thought her Matter's 
name had been Harvey; that she had 
heard a bad character of Col. Char- 
teris, and was not well, and must go 
away. 
She added. When I offered to go 
away, he threatened my life, and I 
was kept in, and not permitted to go 
out of the house, the door being kept 
lock’d, and if the clerk of the kitch- 
en went out, the house-keeper or 
butler had the key, so that I never 
could get out after the three or four 
days. 
Being asked what time she went to 
live with the prisoner? She replied, 
about the 24th of October, and came 
away the 10th of November. 
That on the 10th of November, 
the Colonel ring a bell and bid the 
clerk of the kitchen call the Lanca- 
shire bitch into the dining-room. 
That she going in, he bid her stir the 
fire, while she was doing it he lock’d 
the door, and took her and threw 
her down on the-couch, which was 
nigh the fire, in the farther corner 
of the room, and forced her down 
with violence, and lay with her; that 
she strove what she could, and cry’d 
out as loud as she could, and he took 
off his night cap and thrust it into 
her mouth, and then had carnal 
knowledge of her. 
Being told by the Court that she 
must speak plain, and tell the naked 
truth, that the law required it; and 
being asked whether the prisoner had 
his clothes on? She reply’d, he was 
in his night-gown. - Being asked 
whether she had not her petticoats 
on? She reply’d, yes; but he took 
them up, and held her down upon 
the couch. — Being asked, whether 
she was sure, and how she knew he 
had carnal knowledge of her,? She 
reply’d, she was sure he had, and 
that he laid himself down upon, and 
entered her body. - She was also 
asked how it was afterwards? She 
replied, that there was a great deal 
of wet. That she afterwards told 
him she would certainly prosecute him 
for the injury she had received from 
him, and take all lawful methods to 
do herself justice; that he endea- 
voured to pacify her with promises 
of a great many fine clothes, &c. if 
she would hold her tongue, and say 
nothing of it; but she would accept 
of                                 






24 Trial of Col. Francis Charteris, for a Rape. 
of none of his offers: She added, 
that then he call’d her a brimstone 
bitch, and curs’d and swore, and 
threatened he would beat her to death. 
And about one hour after he had lain 
with her, he took a horse whip and 
beat her very much, and also beat 
her with the great end of it; and no 
servants came till he opened the door, 
then the clerk of the kitchen came 
up, and he bid him take all she had, 
and turn the brimstone bitch out of 
doors: That being got out of doors, 
she went to a Gentlewoman and 
made her complaint, and desired her 
to go with her to get her clothes, and 
when they came and demanded them 
he bid ’em turn the bitches out, and 
pretended I had robb’d him of thirty 
guineas, and sometimes he said 
twenty. 
Being asked if she complain’d of 
the Colonel’s usage of her? She said 
she did, to Mrs. Parsons, that very 
day, and she acquainted Mr. Biss 
with it, and that she preferr’d the 
bill of indictment against the priso- 
ner; that it was drawn, at first, for 
an assault, with an intent to ravish, 
and that the foreman and Jury, upon 
questions they put to her, said, it 
was not an intent, but it was fact, 
and so the indictment was alter’d. 
The prisoner being informed, that 
now the prosecutor had given her 
evidence against him, he was at li- 
berty to ask her what questions he 
pleas’d; and he put the following 
questions. 
Prisoner. Did not you live at 
Cockeram? 
Prosecutor. No. 
Prisoner. Did you never see me 
in Lancashire, at Cockeram? 
Prosecutor. No. 
Prisoner. Did you not bring me 
a letter? 
Prosecutor. No; I brought no 
letter. 
Prisoner. If I don’t prove it I’ll 
be hang’d. Did not your sister live 
on my estate? Did not you know 
the whole Lordship was mine? To 
which she answer’d, no. 
Prisoner. Did you never lie in 
bed with your master? 
Prosecutor. No: I was in the 
truckle bed one night, when she, 
who was my bed-fellow, lay in the 
bed with you, and you call’d me to 
come to bed to you; you said, you 
Lancashire bitch come to bed to me, 
and lie on the other side that I might 
lie in state; this was the fifth night, 
and I slept on my gown and went 
down stairs, and sat there all night; 
and I was told, you had order’d I 
should have no bed; I was not wil- 
ling to lie there at all; but was told 
you was ill, and I must; the servants 
had all sat up. 
Prisoner. Did not you lie in the 
truckle-bed a nights? 
Prosecutor. I did lie four nights 
in the truckle-bed, in the Colonel’s 
room, with a maid. 
Prisoner. Did you not bring my 
breeches, with fifty guineas, that 
day you said you were ravish’d? Did 
not you lie, the night before your 
pretended ravishment, in the truckle- 
bed? Did not you throw the snuff- 
box, with a guinea, behind the 
grate, when you were call’d up? To 
most of which the prosecutor answer- 
ed in the negative: Adding, I was 
call’d up, and there was two Gen- 
tlemen with you, and you said you 
had got a pretty Lancashire bitch; 
and the Gentlemen gave me each of 
them half a guinea. 
Prisoner. Did you tell my ser- 
vants that you had met with any bad 
usage? 
Prosecutor. I complain’d to every 
servant that I had bad usage? 
Pris. What was the bad usage? 
Prosecutor. In being ravish’d and 
horse-whip’d. 
Prisoner. Did you not accept of 
a snuff-box? 
Prosecutor. That was given the 
second day after I came, I said I did 
not want it, I would not have it : 
You                               





Trial of Col. Francis Charteris, for a Rape. 25
You said I should have it; keep it 
in your pocket, if it be lost you shall 
be answerable for it? 
Prisoner. Did you complain to a 
Magistrate the very day you pre- 
tended to be ravish'd? 
Prosecutor. I applied to Mrs. 
Parsons, and she acquainted Mr. 
Biss, and the Lord Chief Justice's 
warrant was taken out. 
Prisoner. Did not you bring the 
chamber-pot, and hold it, and take 
my member out of my breeches? 
Prosecutor. No. 
Prisoner. Did you not tell some 
of the family, that since I had so 
much silver, I should have my in- 
strument tipp'd, for it would not 
please a woman? 
Prosecutor.  No. 
Mary Parsons, the Prosecutor's E- 
vidence, being call'd, was asked, 
When Ann Bond came to her and 
made her complaint? She answer'd, 
it was the 10th or 11th of Novem- 
ber, she came to her in a very great 
surprise, said, the Colonel had used 
her very ill, and said, that That 
morning he had forced her against 
her inclination, and she was beat 
cross the shoulders and back, and 
that he had taken all her clothes 
from her, that she went with her to 
demand her clothes, and the priso- 
ner bid his servants turn the bitches 
out of doors. Then I told her I 
would have her to a Gentleman, 
who would do her justice, and this 
was Mr. Biss. - Being asked. If 
she told her when she first came to 
her, that the Colonel had ravished 
her? Mrs. Parsons reply'd, she said, 
he lay with her against her inclina- 
tion. 
The next evidence for the Prose- 
cutor was Mr. Biss, who depos'd, 
That about the 10th or 12th of No- 
vember, to the best of his memory, 
the Prosecutor told him she had liv'd 
with Colonel Charters; that she 
thought she had gone to live with 
one Colonel Harvey; that he had 
treated her very handsomely for two 
or three days; that he sent a servant 
to fetch home her clothes that 
she had pawn'd, and order'd him to 
buy some linen; that she refus'd to 
have it; that she had been whip'd 
both before the Rape and after it; 
that the Colonel pretended to be 
very ill, and she was order'd to lie 
in a truckle-bed in his chamber, 
and constrain'd to lie in his room. 
That the 5th night, he call'd her 
Lancashire bitch; that she kept her 
petticoats on; that about two o'clock 
he call'd her up, and horse- 
whip'd her, telling her she should 
obey his commands, that was what 
she deserv'd, and must expect. That 
on the 17th day of her being there, 
she was call'd up, that the Colonel 
lock'd the door, forc'd her to the 
remotest part of the room, threw 
her down on the couch, and forc'd 
her body; that she cry'd out as loud 
as she could, and he took his night- 
cap, and thrust it in her mouth, 
and had carnal knowledge of her 
body. That she ask'd him, if she 
had not best apply to a Justice? 
That he told her, the Quarter-Ses- 
sions was near, and he thought that 
would be the best way; and when 
she came to the Grand-Jury, they 
told her, that this was not an in- 
tent, but the fact; and the Foreman 
of the Grand-Jury order'd two to go 
to Mr. Lindon, and the indictment 
was drawn accordingly; and one of 
the Grand-jury said, the Colonel 
had attempted his Sister; that they 
went to get a certificate, but could 
not get it that night; that he told 
one Mr. Harrison of it, and (as he 
was inform'd) he acquainted the Co- 
lonel, and the Colonel went out of 
town the next morning. 
Sarah Colley depos'd. That she 
wash'd for one of the Prisoner's ser- 
vants, and he seeing her, asked her, 
if she knew of any likely country 
girls that she could send for to town?
But not to mention his name, and
D that       






26 Trial of Col. Francis Charteris, for a Rape. 
that he order’d her to go the Crown 
and Wheatsheaf on Ludgate-Hill, 
and to bring one Mrs. Betty to him; 
but not to mention his name, and 
he would give her a guinea. 
The prosecutor having gone thro’ 
her evidence, the prisoner’s evidences 
were called. 
Mr. Gordon being asked what he 
knew about the bringing of a letter? 
answered, That Ann Bond came, 
and said, she had sent in a letter to 
your honour, and waited for an an- 
swer; that he (this evidence) came 
into the parlour, when Mr. Irving 
was reading the letter. 
Gordon being ask’d by the priso- 
ner, what he knew more of Anne 
Bond? he replied, you rose very 
early the morning she went away, 
she brought you your breeches, and 
held them while you put your legs 
into them. This was about two o’ 
clock in the morning. 
Quest. Where was this? 
Answ. The Colonel was sitting in 
the parlour, they brought some tea, 
and the Colonel went to bed again; 
about four rose again, and went out 
about six, and came home again at 
ten. 
Quest. What colour were the 
breeches that Ann Bond brought? 
Answ. I think they were brown 
cloth breeches, and then the Colonel 
miss’d his money. I was order’d to 
bring up the woman that had lain 
with him that night, that he went to 
call Mrs. Bond, but she did not fol- 
low him, but ran to the house of 
office, that he follow’d her, that she 
did not stay there to do any thing, no 
longer than she could go to it, and 
come back again; that then she ran 
to the bed-chamber, and was doing 
something under the fire, and he 
look’d under the fire-grate, and 
found a little steel box with a guinea 
in it. 
Pris. Were not several of my ser- 
vants in the outer hall? 
Gordon. I think it was about ten 
o’clock when the Colonel call’d for 
Mrs. Bond, and challeng’d her with 
the money; and I saw her about two 
or three o’clock in the morning come 
out of the room, and bring the Co- 
lonel’s breeches with her, and she 
was in the room, and help’d to dress 
him; Mrs. Bond went away about 
two o’clock in the afternoon, and 
was well pleas’d, till he challenged 
her with the money. 
Quest. Where did Ann Bond lie? 
Answ. She lay in the truckle-bed 
all the time she liv’d with you, and 
Mary White lay with her only two 
nights. 
Quest. What did she say about her 
treatment? 
Answ. She said, you were very 
kind? But since you were a man of 
money, you should have your instru- 
ment silver’d, for it was not able to 
please a woman. 
Quest. Where did she say this? 
Answ. In the kitchen among all 
the men and women servants, and 
they laugh’d at it. 
Pris. Where were you from the 
time I got up till I went out? 
Gordon. In the hall, upon the 
same floor, with the rest of the ser- 
vants. 
Pris. Did you hear any noise?  
Gordon. No. 
Mr. Irving deposed, That the 
Sunday before his Majesty’s birth- 
day, he was with the Colonel, and 
his servant brought in a letter, and 
said it came from a woman; the 
Colonel bid him open it, and read 
it, he believ’d it came from a whore, 
and he made no secret of those mat- 
ters: that the Colonel bid the wo- 
man be call’d in, and Mrs. Bond 
came in, in a riding-hood, and the 
Colonel call’d for tea, and ask’d her 
when she came out of the country? 
That she replied, about three weeks 
ago. That he was desired to step 
out, and was call’d in again, and 
she was sitting in the chair, where 
he left her; and another Gentleman
coming                            





Trial of Col. Francis Charteris, for a Rape. 27
coming in, the Colonel said, Nan- 
ny, go down into the kitchen a- 
mong the servants, and when I want 
you, I will call for you; that the 
Colonel said, he knew her at Cocke- 
ram, that she pretended to be a very 
modest girl, but one of the servants 
where she had liv’d, had lain with 
her. 
The prosecutor being ask’d, whe- 
ther Mr. Irving was in the room, 
when she went to the Colonel’s to 
be hir’d? She reply’d no, he was 
not in the room. 
Mr. Irving being ask’d, whether 
he heard any discourse between the 
prosecutor and prisoner, about the 
letter? He answer’d, no. 
The prosecutor being ask’d, con- 
cerning her bringing a letter to the 
Colonel’s, and deny’d that she sent 
or brought any letter. 
John Gourley, one of the prisoner’s 
servants, depos’d, that he was in 
the room with his Master, and Mr. 
Irving, when a servant brought a 
letter, and he went down, and Ann 
Bond was standing at the door, and 
she said to him, I know you very 
well, I have seen you at my sister’s 
house at Cockeram. 
Quest. What day was this. 
Answ. It was on Sunday, a little 
before the King’s birth-day; and 
that the next day he went out with 
her, with money to fetch her clothes 
out of pawn, and he ask’d her of 
several persons in the country, that 
he did this for fear she was a bite; 
but he found that she knew them. 
This evidence being ask’d, where 
the prosecutor lay. 
He depos’d. That she lay every 
night in his master’s room, that his 
master us’d to bid him send the girl 
in, that she might not disturb him; 
that there was a great harmony be- 
twixt them, and she commended her 
master for her kindness to her. 
Ann Bond being ask’d, whether 
she came to the Colonel on a Sun- 
day? She reply’d, No; it was on 
a Monday. 
Gourley being shewn the letter, 
was ask’d, if he knew any thing of 
that letter? He answer’d. Yes. That 
it lay open upon the table, and that 
he took it up, and read it, and put 
it in his pocket among some other 
papers, when he was going to Flan- 
ders, some days after. 
Mr. Irving being shewn the letter, 
was ask’d, if that was the letter he 
read at the Colonel’s? answer’d, he 
did believe it to be the same letter, 
and pointing to the prosecutor, said, 
this is the woman that was brought 
in by the servant, upon reading the 
letter; then the prosecutor being 
ask’d, whether Mr. Irving was pre- 
sent when she came to the Colonel’s 
first? She said, no. 
Then being ask’d, if she knew 
him?, she said, Yes; I have seen 
him frequently. 
This letter being shewn to Ann 
Bond, she was ask’d, if she did, not 
bring that letter to the Colonel’s? 
She answer’d, No; she look’d upon 
it some time, and said, she could 
not read it: And being ask’d, if 
she could write?  Answer’d, Yes, a 
little, and being bid to write, took 
the Writer’s pen, and wrote her 
name; but the hands were not a- 
like. But the letter being prov’d 
by Mr. Irving and Mr. Gourley, to 
be brought by her, was read, and is 
as follows, 
Hon. SIR, 
I Understand you are in town, if 
your Honour pleases, I should be 
glad to wait on you, I came from 
Cockeram in Lancashire; I came the 
next door to Mr. Jones, and should be 
proud to wait on you, if your Honour 
pleases to give me that liberty; pray 
pardon this freedom, I am, with hum- 
ble submission, and the greatest respect, 
your humble servant, to command, 
Anne Bond. 
I wait at your door for an answer. 
Wednesday Night, 
Three o’clock.
D2 James                  






28 Trial of Col. Francis Charteris, for a Rape. 
James Davis being call’d, the pri- 
soner desired he might be asked, whe- 
ther he had not seen the prosecutor 
in the naked bed with him? He re- 
plied, Yes, and that she lay every 
night in his master’s room, he being 
asked, when he came to live with the 
prisoner? He said on the 4th of 
November, and that he had seen her 
in the naked bed with his master, 
and that he afterwards asking her if 
she was not asham’d to lie with her 
master? She replied, no; she was 
not asham’d of it, for it was what 
she used to do. He being ask’d what 
time it was that he had seen the pro- 
secutor in bed with his master? He 
answered, it was the next morning 
after he came there: And being ask- 
ed how he came to see it? That hear- 
ing the bell ring, he opened the door 
without knocking, and went in, and 
saw her in bed with him; he being 
asked what business he had to go into 
his master’s chamber, without knock- 
ing, and being but just come, was a 
stranger? And whether, or not, it 
was not saucy and impudent in him 
to do so? After some pause, he re- 
plied, he had a mind to lie with her 
himself, and having heard that his 
master lov’d a pretty girl, he suspect- 
ed she lay with him, and so he took 
that opportunity to satisfy himself. 
Hannah Lipscombe being called, 
the prisoner desired that she might 
be asked, how often she had seen the 
prosecutor in bed with him? She an- 
swered, that the first night she lay in 
the truckle-bed, and the second she 
lay with her master. Being asked, 
how she knew it? She answer’d, she 
saw her in bed with her master in the 
morning when she came to light the 
fire. It was also desired, that this 
evidence might be asked, what the 
prosecutor had said, concerning the 
prisoner’s private member? She re- 
ply’d, that he said, that his member 
was worn out, and since he had so 
much silver, it ought to be tipt. — 
This evidence being asked, if she 
knew what lying in state was? She 
declining to answer, was press’d to 
it, upon which the replied, that she 
indeed had heard from vulgar people 
that it was for a man to lie with 3 
women at once. 
Robert Vaux deposed, —that on 
the 1st of November, Col. Chartres’s 
groom came to him, to come to his 
master at five o’clock in the morning, 
that he went into the Colonel’s cham- 
ber, and Ann Bond was in bed with 
him, that the servant opening the 
door, he went in, and she turning 
aside the bed-clothes, put her legs 
out of the bed, came out in her shift, 
took up her clothes under her arm, 
and dropping him a curtesy as she 
passed by, went into another room 
to dress her. He added, that he 
was at the Colonel’s several times, 
and she was very familiar with him, 
and that he asked her how she liked 
him? And the answered that her 
master was very kind to her; that he 
ask’d her concerning his perform- 
ance, and she said, upon her word, 
he was uncap able to serve a woman. 
Being asked what he was? He an- 
swered, he was a Sadler, and had 
made the Colonel some saddles. He 
was likewise asked what urgent busi- 
ness it was, that should bring him 
there to disturb a Gentleman so early 
in the morning? He replied, that 
one of the Colonel’s horses had broke 
his halter; upon which he was asked 
if he could not have sited his horse 
with a halter, without disturbing the 
Colonel himself? To which he re- 
ply’d, the Colonel had often struck 
out articles in his bill, for want of 
verbal orders. 
Thomas Cooper deposed, that he 
had been in Flanders, and upon his 
arrival at Dover, a message came to 
him to come to the Colonel, so he 
rode post, and came to the Colonel’s 
house, and lay there, and being call- 
ed up in the morning by his servants, 
he went into the Colonel’s bed-cham- 
ber, and there he saw the prosecutor 
sitting                              






Trial of Col. Francis Charteris, for a Rape. 29
sitting upright in the bed, with her 
petticoats about her; and he with- 
drew, that she might dress-herself. 
He being ask’d, what time this was? 
He reply’d, that it was on a Thurs- 
day. Being ask’d, what Thursday? 
He said, in October, he could not 
be exact as to the day of the month, 
without his journal; but he knew 
he came from Flanders the begin- 
ning of October, the first or second, 
that he was about twelve hours in 
his passage to Dover; that the mes- 
sage came to him on Tuesday; that 
Wednesday he arriv’d in London, 
lay at the Colonel’s, and the next 
morning, which was Thursday, he 
saw the prosecutor in bed with the 
Colonel. 
The Council for the Prosecutor 
observed, that he, this evidence, 
swore to 18 or 19 days before she 
came to the Colonel’s house, being 
asked, if he was certain as to the 
time? He then replied, No, he did 
not know what questions he should 
be ask’d, had not brought his jour- 
nal, and therefore could not be cer- 
tain as to the time. 
Mary White depos’d. The morn- 
ing that Mrs. Bond went away, she 
brought the Colonel’s breeches to 
him about two of the clock; that 
the Colonel went out about six, and 
return’d about ten, and miss’d his 
money; and then order’d Mr. Gor- 
don to call up Ann Bond, and said, 
that it must be either herself (this 
evidence) or she that took it, there 
being no body else in the room, 
and desired Ann Bond to own it, 
telling her, that if she would, he 
would not send word down into the 
country; that he said, she could 
not own what she knew nothing of; 
and the Colonel order’d her clothes 
to be kept, and herself to be turn’d 
out of doors: Being ask’d, what time 
the Colonel said he miss’d his mo- 
ney? She said, she believ’d he said, 
it was between eight and nine 
o’clock; being asked where she was 
from the time the Colonel got up, 
to the time he went out? She said 
in the hall on the same floor. Be- 
ing also asked, if she heard the pro- 
secutor cry out? She answer’d. No. 
Being ask’d, what colour the Colo- 
nel’s breeches were that Ann Bond 
was said to bring to him? She an- 
swer’d, black, as she thought. 
Mr. Hambleton depos’d, that he 
came to the Colonel’s to put up 
some curtains (he being an Uphol- 
der) that this was about nine o’clock, 
and the Colonel said he miss’d some 
money; that he had 50 guineas in 
his pocket last night, and he had 
lost 20 of them, and bid Mr. Gor- 
don call all the servants up, and 
that he (this evidence) saw two shil- 
lings lying upon the couch. 
The prosecutor call’d the follow- 
ing persons to her character; Mr. 
Bell depos’d. That Ann Bond had 
liv’d with him about a year, and 
during that time, behav’d herself 
very honestly and very modestly, and 
that he takes her to be as honest, 
modest a young woman as ever came 
into a family; that she came to him 
the beginning of July 1727, and al- 
so that she behav’d herself very re- 
ligiously, and when at any time she 
could not go to church, she always 
had some good book in her hand. 
Mrs. Bell deposed. That she knew 
the prosecutor in the country, and 
had brought her out of Lancashire 
from her friends, and that she always 
was very modest and honest, that she 
never perceived the least immodesty 
by her, in her life, and she did be- 
lieve her to be a very honest, modest 
girl; and being asked if she thought 
she would forswear herself, to take 
a man’s Life away? She answered, 
No. 
Mr. Harwood deposed, she lived 
with him at Clapham nine months, 
and behaved very well during that 
time; and the reason she went from 
him was, because she could not bear 
the rudeness of some watermen: that 
she                                





30 Trial of Col. Francis Charteris, for a Rape. 
she behaved very soberly and modest- 
ly, and kept her church very con- 
stantly, and he did believe her to be 
a very modest sober young woman, 
that would not by any means forswear 
herself, to take any man's life; that 
she went from him to Mr. Allen, 
and there also behaved herself very 
modestly and honestly, and he be- 
lieved he would have been here, had 
he not been hinder'd by illness, she 
came from thence not for any misde- 
meanour, but by reason of other mat- 
ters that were not agreeable to her. 
The Jury, after a full hearing, 
went out, and brought in their ver- 
dict guilty. Death. 
The following Articles are extracted 
from several News-Papers. 
Courant, Saturday Feb. 28. -Soon 
after the Jury had brought in their 
verdict on Thursday against Colonel 
Charteris, the Sheriffs of this City 
and County of Middlesex; as also 
the High-Bailiff of Westminster, sent 
persons to take possession of what 
they could find of his effects which 
are become forfeited. He is said to 
be worth 200,000l. 
Post-Boy, Feb. 28. -On Thursday
night about twelve o'clock, a ser- 
vant maid of Col. Charteris fired a 
pistol out of the window, one pair 
of stairs, and shot one of the Con- 
stables in the arm.  We are inform- 
ed, that by the verdict given against 
Colonel Charteris, all his estate is 
confiscated, viz. What money is in 
the several stocks, as Bank, South- 
Sea, and India, and ail his effects 
in the City, to the Sheriff of Lon- 
don for the time being: And all in 
Westminster to Mr. Morrice, the 
High-Bailiff, who we hear, took 
possession of the Colonel's house and 
effects in New Bond-street, yesterday. 
Daily-Post, Feb. 28. -Last Thurs- 
day night, the Officers of William 
Morrice, High-Bailiff of the liberty 
of Westminster, went to seize the 
goods and chattels of Francis Char- 
teris, Esq; at his house in Great 
George-street, Hanover-square, on 
his having been convicted of felony 
at the Old Bailey; but were deny'd 
admittance by the servants, who 
made a vigorous defense. One of 
them, a woman, fired a pistol from 
a window and wounded a Beadle in 
the breast. Yesterday the Officers 
enter'd, and seized vast quantities 
of rich plate and household furniture, 
which were carrying away all day 
in carts, to an empty house of Mr. 
Morris's in Old Bond-street.  Mr. 
Charteris's berlin, which he won at 
the Spawn, together with 20 horses 
and his chariot, were also seized 
and carried away to Ormond Meuse. 
Yesterday the Sheriffs of London 
forbid any transfer or payment of, 
at the South-Sea-House, and other 
companies, belonging to the said 
convict. 
Lond. Even. Post, Feb. 28.  We 
hear that the Trustees for the Duke 
of Wharton, have seized on the ma- 
nor of Wooburn in Buckingham- 
shire; Col. Charteris having a mort- 
gage of 18,000l. on the said estate. 
Orders are gone to the Sheriff of 
Lancashire, to seize on the said Col. 
Charteris's three lordships in that 
county, viz. Hornby-Castle, Orms- 
kirk, and another within two miles 
of Lancaster, all amounting to the 
yearly value of 4000l. - His man, 
John Gourly, (commonly called 
Trusty Jack) is gone express to Scot- 
land for the Earl of Weems, who 
married the said Colonel's only child. 
We hear great intercession has been 
made to save the Colonel's life, but 
as yet without effect. He is reckon- 
ed worth 200,000l. - We hear an 
appeal is lodg'd against the said 
Colonel. 
Daily Jour. March 2. -Charteris's 
Council moved the Court, before 
sentence past, for the indictment to 
be read in Latin, which was indulg- 
ed and comply'd with; but there 
not being any flaw in it, no motion 
was                                






Trial of Col. Francis Charteris, for a Rape. 31
was made in arrest of Judgment; 
and the Colonel had sentence pass’d 
on him with the other malefactors. 
—The Colonel is lodged in the same 
room in the Presss-yard where Major 
Oneby was formerly confined. 
Grub-street Journal, March 5. — 
We hear that Col. Charteris set out 
this morning at five o’clock, for 
Scotland, from his late habitation. 
Daily Post, March 10. —Col. Char- 
teris is visited in Newgate by Dr. 
Pringle, being greatly indisposed. — 
March 21. When the express arrived 
in Scotland, for the E. of Weems to 
come to London the Countess sell ex- 
tremely ill on hearing of her father’s 
misfortunes. Her Ladyship had se- 
veral children now living: The se- 
cond son is named Francis Charteris, 
and hath a very handsome provision 
made for him by his grandfather. 
St. James Evening Post, March 21. 
A suit, we hear, is going to be com- 
menced, by order of the Treasury, 
against the High Bailiff of Westmin- 
ster, touching his seizure of Colonel 
Charteris’s goods and chattels in the 
liberty of Westminster; John Edwin 
Esq; laying claim to them by virtue 
of a grant of King Charles II. to his 
father and heirs, &c. of the office of 
proprietor of the waste and soil in 
the said liberty of Westminster. The 
said High Bailiff hath detained all 
Col. Charteris’s cash in the hands of 
Mr. Drummond, Goldsmith, at Cha- 
ring-Cross. 
Daily Jour. March 24. — We hear 
that the pretensions of John and Tho. 
Edwin, Esqrs. to the effects of Col. 
Charteris, seized in George-street, 
Hanover-square, are waved;  Mr. 
Morris appearing to act under the 
just and legal title of Lissee to the 
Dean and Chapter of Westminster, 
of the soil and waste thereof, for 
which he pays, pursuant to the lease 
made at his first entrance on his post, 
100l. per ann.  And that their claim 
as by charter from King Charles I. 
extends only to the districts of the 
palace.
Whitehall Evening Post, March 28 
The Earl of Weems hath paid Mr. 
Morris, the High Bailiff of West- 
minster, 700l. for the 24 horses 
which he seized at Col. Charteris’s 
stables in St. George’s, near Hano- 
ver-square, as forfeited by being a 
felon. —Last Thursday the Earl of 
Weems took lodgings at Mr. Russel’s 
on Ludgate-Hill, for the conveni- 
ency of attending his father-in-law, 
Col. Charteris, who, ’tis said, will 
speedily obtain his pardon. 
London Evening Post, March 28. 
This day a great part of Col. Char- 
teris’s goods, seized by the High 
Bailiff of Westminster, was carried 
back to his house in Great George- 
street, near Hanover-square, the E. 

of Weems having paid 1000l. for 
them. The High Bailiff hath resto- 
red the Colonel all his linen. 
Universal Spect. April 4. —The E. 
of Weems hath purchased of William 
Morrice, Esq; High Bailiff of West- 
minister, all the goods and chattels 
belonging to his father-in-law Col. 
Charteris, that were seized in Great 
George-street, for 3000l. 
D. Post, April 4. —On Thursday 
night the Lady of Colonel Charteris, 
arrived here from Edinburgh, and 
the next day took lodgings in War- 
wick-lane, near Newgate. —Yester- 
day Col. Charteris was so ill with an 
asthma and fever, that it was thought 
by the Doctors that he could not re- 
cover. —lbid April 6.  Col. Char- 
teris is so ill in Newgate of a fever, 
that he hath four blisters on, and is 
attended by three eminent physicians. 
Ibid April 8. On Monday night last 
Ann Bond, the young woman who 
prosecuted Col. Charteris for a rape, 
met several persons of distinction and 
eminent lawyers at the Horn Tavern 
in New Palace Yard, Westminster. 
The Countess of Weems is on the 
road from Edinburgh. 
Evening Post, April 10. This day 
Mr. Justice Price, Mr. Justice Pro- 
byn, and Mr. Baron  Thompson,
Recorder                       





32 Trial of Col. Francis Charteris, for a Rape. 
Recorder of the city of London, who 
sat upon the trials of the criminals at 
the last-sessions at the Old Bailey, at- 
tended his Majesty in Council, (at 
which were present his Royal High- 
ness the Prince, the Lord Privy Seal, 
Lord Steward, Lord Chamberlain, 
Duke of Bolton, Duke of Rutland, 
Duke of Argyle, Duke of Montrose, 
Duke of Ancaster, Earl of West- 
moreland, Earl of Chesterfield, Earl 
of Burlington, Earl of Abington, 
Earl of Scarborough, Earl of Lou- 
doun, Earl of Findlater, Earl of 
Marchmount, Earl of Stair, Earl of 
Ilay, Earl of Sussex, Viscount Town- 
shend, Vis. Lonsdale, Vis. Cobham, 
Vis. Falmouth, Vis. Torrington, L. 
Wilmington, Mr. Chancellor of the 
Exchequer, L. Chief Justice Eyre, 
the Lieut. Gen. of the Ordnance,
and Henry Pelham, Esq;) to make 
report of the trials, of such as were 
capitally convicted at the said Sessi- 
ons; and among others, of the case 
of Col. Francis Charteris, condemn’d 
for a Rape committed on the body of 
Ann Bond. And his- Majesty hav- 
ing severally heard the opinion of 
the said Judges upon the said case, 
who all agreed in their report, was 
pleased, by the unanimous advice of 
his Privy Council, to order that the 
said Francis Charteris should be par- 
doned, and forthwith admitted to 
bail. 
Sessions-Paper, Apr. 1730. —Fran- 
cis Charteris, Esq; appear’d in Court, 

and by virtue of his Majesty’s war- 
rant was admitted to bail, on secu- 
rity given that he should appear at 
the next Sessions, and plead to his 
Majesty’s most gracious Pardon. 
Post-Boy, April 11. —Last night 
Colonel Charteris was bail’d out of
Newgate; his two Sureties being 
bound in 500l. each, and himself in 
1000l. in order to plead to his Par- 
don the next Sessions. -
Daily Dost, April 13. —On Satur- 
day last the Earl Weems was at 
Court to return his Majesty thanks 
for his most gracious free Pardon 
granted to Francis Charteris, Esq; — 
April 14. We hear that yesterday 
morning Ann Bond, the person who 
prosecuted Col. Charteris for a rape, 
had 800l. paid her by a Gentleman 
of St. Margaret, at Westminster. 
St. James's Ev. Post, April 16. -
We hear that yesterday morning the 
famous Anne Bond, was married at 
Gray’s-Inn Chapel, to Charles Hea- 
ther, a drawer at a tavern in West- 
minster; and that they have since ta- 
ken a tavern in Bloomsbury, and de- 
sign to let up a well-painted head of 
Col. Charteris for their sign. 
D. Post, April 20. —Col. Chartres, 
who was thought to be gone to Bath 
hath hired lodgings at Kensington 
Gravel Pits; and last Saturday, as 
he was going in a hackney-coach to 
Chelsea, the mob fell upon him and 
beat him in a most barbarous manner 
for no other reason than that there 
were two women with him in the 
coach. 
St. James's Ev.Post, —Col. Char- 
teris hath cohabited with his Lady 
for some days, at her lodgings in 
Piccadilly, and on Saturday next the 
sets-out on her return for Scotland. 
Edinburgh, Feb. 29, 1731-2. On 
the 24th died Col. Francis Charteris 
of Amsfield, Esq; in his 57th year; 
descended from an ancient and hon. 
family in this county. He married 
Mrs. Helen Swinton, daughter of 
Sir Alex. Swinton, by whom he had 
one daughter, married to the Right 
Hon. the Earl of Weems, to whose 
second son he has left the bulk of his 
plentiful estate, and great portions 
to all the other children; with several 
legacies to friends and relations. 
FINIS.