AT the Time and Place appointed, came on the Trial of Squire Lot­tery, alias Royal-Oak Lottery, for abundance of intolerable Tricks, Cheats, and high Misdemeanors, upon an Indictment lately found against him, in or­der to a National Delivery.

About ten of the Clock, the day and year aboversaid, the Managers came into the Court, where, in the presence of a [Page 6]vast confluence of People of all Ranks, the Prisoner was ordered to the Bar, and requir'd to hold up his Hand; as he did accordingly.

Proclamation being made, and a Jury of good Cits which were to try the Priso­ner being sworn, the Indictment against Squire Lottery, alias Royal-Oak Lottery, was read.

• Mr. Positive a Draper in Covent-garden.
• Mr. Squander an Oilman in Fleetstreet.
• Mr. Pert a Tobacconist, ditto.
• Mr. Captious a Milliner in Pater-noster Row.
• Mr. Feeble a Coffeeman near the Change.
• Mr. Altrick a Merchant in Gracechurch-street.
• Mr. Haughty a Vintner by Grays-Inn, Holborn.
• Mr. Jealous a Cutler at Charing-cross.
• Mr. Peevish a Bookseller in St. Pauls Church­yard.
• Mr. Spilbook near Fleet-bridg.
• Mr. Noysie a Silkman upon Ludgate-hill.
• Mr. Finical a Barber in Cheapside.

Cl. of Ma. Squire Lottery, alias Royal-Oak Lottery, you stand Indicted by the Name of Squire Lottery, alias Royal-Oak Lottery, for that you the said Squire Lottery, not having the Fear of God in your [Page 7]Heart; nor weighing the Regard and Du­ty you owe, and of right ought to pay to the Interest, Safety and Satisfaction of your Fellow-Subjects; have from time to time, and at several times, and in several places, contrary to the known Laws of this Kingdom, under the shadow and co­verture of a Royal Oak, propagated, con­tinued, and carried on a most unequal, in­tricate and insinuating Game, to the utter ruin and destruction of many thousand Fa­milies: And that you the said Squire Lot­tery, alias Royal-Oak Lottery, as a common Enemy to all young People, and an inve­terate Hater of all good Conversation and Diversion, have, for many years last past, and do still continue, by certain cunning Tricks and Stratagems, insidiously, falsly and im­piously, to trepan, deceive, cheat, decoy, and entice divers Ladies, Gentlemen, Ci­tizens, Apprentices, and others, to play away their Money at manifest Odds and Disadvantage. And that you the said Squire Lottery, alias Royal-Oak Lottery, the more secretly and effectually to carry on and propagate your base, malicious, and covetous Designs and Practices, did, and do still encourage several lewd and disor­derly Persons, to meet, propose, treat, con­sult, consent and agree upon several unjust [Page 8]and illegal Methods, how to ensnare and entangle People into your delusive Game; by which means you have, for many years last past, utterly, intirely and irrecovera­bly, contrary to all manner of Justice, Hu­manity, or good Nature, despoiled, de­prav'd and defrauded an incredible num­ber of Persons of every Rank, Age, Sex, and Condition, of all their Lands, Goods and Effects; and from the Ruins of mul­titudes built fine Houses, and purchas'd large Estates, to the great scandal and re­flection on the Wisdom of the Nation, for suffering such an intolerable Impostor to pass so long unpunish'd. What say'st thou, Squire Lottery, art thou guilty of the fore­said Crimes, Cheats, Tricks and Misde­meanours thou standst Indicted of, or not Guilty?

Not Guilty. But before I pro­ceed to make my Defence, I beg I may be permitted the assistance of three or four learned Sharpers to plead for me, in case any Matter of Law arise.

This was agreed to; and the Cryer hav­ing made Proclamation, according to form, one of the Managers addresses himself to the Jury.

1st Manager. Gentlemen of the Jury, the Prisoner at the Bar stands Indicted, for propagating, abetting, and encouraging a most unequal, scandalous and dangerous Game; a Game, that if the common Re­port that passes upon it be true, has ruin'd more than a hundred thousand Families. I need not tell you he's an old Offender, or indeed use any expressions, or spend any of your time to aggravate his Crime: if we can prove the Matters he stands charg'd with in the Indictment, I suppose you'l be sufficiently satisfy'd you ought to find him Guilty.

2d Manag. Gentlemen of the Jury, the Prisoner, Squire Lottery, alias Royal-Oak Lottery, stands charg'd with Crimes so very high and notorious, that I cannot name 'em without astonishment; the debauching our Youth, the deluding our Wives, Ser­vants and Apprentices, the destruction of whole Families, and the yearly ruin of in­credible Multitudes, are all of that dange­rous Consequence, that a Man that has a­ny regard or feeling for his Country, can­not name 'em without the deepest concern and dissatisfaction. But, Gentlemen, that I may not seem in any respect to whet the Edg of Justice, I will forbear to make any further Reflections, and so we'l call our [Page 10]Witnesses; and if we can prove the mat­ters of fact set forth in the Indictment, which we do not doubt, then you are to find him Guilty.

Cla. of Man. Call Captain Pasthope.

Sir, Do you know Squire Lot­tery, the Prisoner at the Bar?

Yes, I have known him inti­mately for near 40 years; ever since the Restoration of King Charles.

Pray will you give the Bench and Jury an Account what you know of him; how he came into England, and how he has behav'd himself ever since.

In order to make my Evidence more plain, I hope it will not be judg'd much out of form, to premise two or three things.

Mr. Pasthope, Take your own method to explain your self; we must not abridg or direct you in any respect.

In the years 60 and 61, among a great many poor Cavaliers, 'twas my hard fate to be driven to Court for a Sub­sistence, where I continued in a neglected state, painfully waiting the moving of the Waters for several months; when at last a Rumour was spread that a certain Stranger was landed in England, that in all probabi­lity, if we could get him the Sanction of [Page 11]a Patent, would be a good Friend to us all.

You seem to intimate as if he was a Stranger; pray, do you know what Countryman he was?

The report of his Country was very different; some would have him a Walloon, some a Dutchman, some a Venetian, and others a Frenchman: indeed by his Po­licy, cunning Design, Forethought, &c. I am very well satisfied he could be no Eng­lishman.

What kind of Credentials did he bring with him to recommend him with so much advantage?

Why, he cunningly took up­on him the Character of a Royal Oak Lot­tery, and pretended a mighty Friendship to antiquated Loyalists: but for all that, there were those at Court that knew he had been banish'd out of several Countries for disor­derly Practices, till at last he pitch'd upon poor easy credulous England for his Re­fuge.

You say then, he was a Foreign­er, that he came in with the Restoration, usurp'd the Title of a Royal Oak, was esta­blish'd in Friendship to the Cavaliers, and that for disorderly Practices he had been banish'd out of several Countries; till at [Page 12]last he was forc'd to fix upon England as the fittest Asylum. But pray Sir, How came you so intimately acquainted with him at first?

I was about to tell you. In order to manage his Affairs, it was thought requisite he should be provided with seve­ral Coadjutors, which were to be digni­fy'd with the Character of Patentees; a­mongst which number, by the help of a friendly Courtier, I was admitted for one.

Oh! then I find you was a Pa­tentee. Pray, how long did you continue in your Patentee's Post? and what were the Reasons that urg'd you to quit it at last?

I kept my Patentee's Station nine years, in which time I had clear'd 4000 l. and then, upon some Uneasiness and Dislike, I sold it for 700 l.

Pray, Captain, tell the Court more fully what was the Reason that pre­vail'd with you to relinquish such a profita­ble place.

I had two very strong Reasons for quitting my Post; viz. Remorse of Conscience, and Apprehension of conse­quent Danger. To tell you the truth, I saw so many bad Practices encourag'd and [Page 13]supported, and so many persons of both Sexes ruin'd; I saw so much Villany per­fected and projected, and so many other intolerable Mischiefs within the compass of every day's Proceeding, that partly through the stings of my Mind, and the apprehensions I was under of the Mob, with a great deal of Reluctancy I quitted my Post.

Captain, I find you're nicely qua­lify'd for an Evidence, pray therefore give the Court an Account what Methods the Prisoner us'd to take to advance his busi­ness.

The way in my time, and I suppose 'tis the same still, was, to send out Sharpers and Setters into all parts of the Town, and to give 'em direction to mag­nify the Advantage, Equality, and Justice of his Game, in order to decoy Women and Fools to come and play away their Money.

Well, but sure he had no Wo­men or Fools of Quality, Rank, or Re­putation, that came to him? According to the common Report that passes upon him, there's none but the very Scoundrels and Rabble, the very Dregs and Refuse of Fools, will think him worth their Con­versation.

Truly, he had 'em of all sorts, as well Lord-fools and Lady-fools, Knight-fools and Esquire-fools, as Cit-fools, Bully, Bawd, or Whore-fools, or any other sort of Fools: and indeed he made no difference between 'em neither; a Cobler-fool had as much respect as a Lord-fool, in propor­tion to the money he had in his Pocker; and pro hac vice had as extensive a Qualifi­cation to command, domineer, and hector, as the best Fool of 'em all.

Did you never observe any of these Fools to get any money of him? I can't imagine what it could be that could influ­ence 'em to embark with him, if there was nothing to be got.

There was never any body that ever got any thing of him in the main: now and then one by chance might carry off a small matter; and so 'twas necessary they should, for otherwise his Constitution must dissolve in course.

'Tis a great mystery to me, that so many People should pursue a Game where every body's a Loser at last: but pray Captain then, what are the odds the Prisoner is reputed to have against those that play with him?

No body can tell you their Ad­vantage; 'tis a cunning intricate Contexture, [Page 15]and truly I very much question whether the original Projector himself had a perfect Idea of the Odds: at a full Table and deep Play, I have seen him clear 600 l. in less than an hour.

What are the Odds he owns him­self?

Only 32 Figures against 27, which indeed is Odds enough to insure all the money at length. But this, it seems, was an Advantage that was allow'd him, that he might be able to keep a good House, relieve the Poor, and pay an an­nual Pension to the Crown or the Cour­tiers.

You say, by his original Agree­ment he's to keep a good House: pray, after all, what sort of House is it he does keep?

Why, he dines at the Tavern, where any body that has 40 or 50 l. to play away with him in the Afternoon, may be admitted into his Company.

What, does he entertain none but those that have 40 or 50 l. to lose?

He never converses with any Per­son that has no money: if they have no money, their Company's burdensom and ungrateful, and the Waiters have Directi­ons to keep 'em out.

Does he do this to the very Per­sons he has ruin'd, and won all they have? That, methinks, is a pitch of Barbarity beyond the common degree: I hardly ever read or heard of any thing so exaltedly cru­el and brutish, in all the Accounts of my Life.

I have seen abundance of Exam­ples of this nature, one in particular, which I shall never forget; a poor Lady, that had lost 350 l. per annum to him, beside two or three thousand pounds in ready money, basely and inhumanly hal'd out of doors, but for asking for a glass of Sack.

You were mentioning his Charity to the Poor too; is there any thing of rea­lity in that?

For my part, I never heard of one good Act he has done in the whole course of his Life: secret Charity is the most me­ritorious, 'tis true; and perhaps it may be that way he may communicate his, for in­deed I never heard of any he did in pub­lick.

You were mentioning too an an­nual Pension to the Crown; what is it he pays to the Crown?

Indeed I cannot be positive in that: to the best of my remembrance 'tis four thousand pounds per annum: in compensa­tion [Page 17]for which, beside the general liberty he has to cheat and abuse the World, he has the sole Privilege of Licensing all other Cheats and Impostors, commonly known by the Name of Lotteries.

You were speaking something, Captain Pasthope, just now, as if the Priso­ner was intrusted with these Advantages for the benefit of some poor Cavaliers, which were to be the Patentees, as you call 'em. Pray tell the Jury what kind of Cavaliers these Patentees were.

That was all but a Blind, a pure Trick to deceive the World: the Paten­tees, in the main, were either Sharpers or broken Tradesmen, or some such sort of Vermin, that had cunningly twisted them­selves into the business under the shadow of Cavaliers.

Pray, what Opinion had the World of the Prisoner when he first came to be known in England?

The same that it has of him now: all wise men look'd upon him as a Cheat, and a dangerous Spark to be let loose in publick among our English Youth: and indeed I have heard a great many so­ber men pass very sharp Censures upon the Wisdom of the Court for intrusting him with a Royal Authority.

What kind of Censures were they that they past? do you remember any of them particularly?

Yes, I remember several things that I am almost asham'd to mention. I have heard 'em often reflecting what an intolerable Shame and Scandal it was, that a whole Kingdom should be sacrific'd to the Interest of two or three Courtiers, and three or four scurvy mercenary Patentees; that so many thousand Families should be ruin'd, and no notice taken of it; that so many Wives should be seduc'd to rob and betray their Husbands, so many Children and Servants their Parents and Masters, and so many horrid Mischiefs transacted daily under the shadow of this pretended Royal-Oak Lottery, and no manner of means us'd to suppress it.

But Captain, Did you never hear of any Person that got money of the Prisoner in the main?

Not one. I defy him to produce one single person that's a Gainer, against a hundred thousand he has ruin'd. I'm con­fident I have a Catalogue by me of several thousands that have been utterly undone by him within the compass of my own Experience.

What does the Town in general say of him?

The Town, here-a-late, is grown so inveterate and incens'd against him, that I am very well assur'd that if he had not been call'd to account in the very nick, the Mob would have speedily taken him into their correction.

Well, Sir, you hear what the Witness has said against you; will you ask him any Questions?

Only one; and leave the rest till I come to make my general Defence. Sir, I desire to know whether you was not one that was turn'd out upon the last Renewal of the Patent?

No, Sir, I was not. You might have remember'd that I told you I saw so much of your Falshood and Tricks and so many innocent People daily sacrific'd, to support a Society of lewd, debauch'd, im­pertinent, and withal imperious Cannibals, that I thought it my best way to quit your Fraternity, and pack off with that little I had got, and leave you to manage your mathematical Balls, &c. by your self.

I suppose, Sir, you will ask him no more Questions, and so we'll call ano­ther Witness.

No, Sir, I have done with him.

Call Squire Frivolous the Coun­sellor: Sir, do you know Squire Lottery the Prisoner?

I have been acquainted with him several years, to my great Cost and Damage.

Pray, will you inform the Court what you know of him?

I know him to be a grand De­ceiver, a common Enemy to the Publick, a Snare to our Youth, a Scandal to the Kingdom, a notorious Impostor, a Wretch without parallel, and beyond descripti­on.

You seem to be very angry with him, Mr. Frivolous, pray, how long have you been acquainted with him? and where did you contract your first Familiari­ty?

The first time I had the mis­fortune to know him, was at an Act at Oxford about twenty years ago; where a­mong abundance of other young Fools that he entic'd to sell their Books for Money to play with him, &c. I was one.

What, I hope, he was not so bar­barous as to decoy the poor young Gentle­men out of their Books?

Yes, out of every thing they had, and out of the College to boot: For my own part I have reason to curse him, I'm sure; He flatter'd me up with so many Shams and false Pretences, and deluded me with so many chimerical Notions and cun­ning Assurances, and urg'd me so long from one deceitful Project to another, till at last he had trickt me out of all I had in the World, and then turn'd me over to the scorn and laughter of my Friends and Ac­quaintance.

But I hope, Mr. Frivolous, he has been kind to you since, and us'd you like a Gentleman.

He has us'd me as he does e­very body else when he has won their Money, order'd his Janisaries to keep me out of his Office; or if I did crowd in, he treated me with so much contempt and scorn, and so much haughtiness and indiffe­rence, that I could not forbear wishing my self out again.

Have you ever been in his Com­pany at London? if you have, pray tell us what Observations you made?

I never observ'd any thing in his Conversation worth a Remark, unless it was the perfidious Stratagems and Tricks he propos'd, to draw in Bubbles and Fools; [Page 22]and with what joy and satisfaction he was wont to express himself upon the entang­ling a credulous Woman, or some igno­rant young Coxcomb of much Money and little Wit.

What sort of Tricks and Strata­gems are they that he commonly makes use of two draw in his Women and Cox­combs?

Why, he has commonly a Gang of mercenary Dependants, both Men and Women, that he treats and en­courages to hunt the Town for Novices and Properties of both Sexes.

I desire he may produce some of the Names of these mercenary Depen­dants he speaks of; for my part, I disown every thing of that nature.

He's upon his Oath, Sir, and therefore that must be left to the discre­tion of the Bench and Jury, whether they'l credit him or not; but for naming of Names, I'm of opinion he is not oblig'd to do that.

He is not bound by any means to name Names; That will consequently betray him to several Inconveniences; you have those belonging to you, that in such a case would not stick to cut a Man's [Page 23]Throat: besides, Sir, you ought not to interrupt the Evidence.

Can you give the Bench any particular Names of Persons he has ru­in'd?

I have a Collection of Names in my Pocket, which I'm sure he can't ob­ject against, that have lost fourteen or fif­teen thousand Pound per Annum, with­in my own Knowledg and Acquain­tance.

That's a round Sum: But, pray, Mr. Frivolous, for the satisfaction of the Jury, mention a few of their Names.

I suppose, Squire Lottery, you must remember the Kentish Squire in the Blue Coat, that you won the six hundred Pound per Annum of, in less than five months. You remember the Lord's Steward that lost an Estate of his own of three hundred Pound per Annum, and run four thousand Pound in Arrears to his Lord beside. You remember, I suppose, the West-India Widow, that lost the Car­go of two Ships, valued at fifteen hundred Pound, in less than a month. I know you can't forget the honest Lady at St. James's, that sold all her Goods, Plate, and China, for about seven hundred Pound, and plaid it all away to you, as near as I [Page 24]remember, in three mornings. I know you can't forget the three Merchants Daughters that play'd away their whole Fortunes, viz. fifteen hundred Pound a­piece in less than two months. You re­member the Silkman from Ludgate-hill; the young Draper in Cornhil; the Country Parson; the Doctor of Physick's Daugh­ter; the Lady's Woman; the Merchant's Apprentice; the Marine Captain; the En­sign of the Guards; the Coffee-man's Neece; the old Justice's Nephew; and a­bundance of others which I have in my Ca­talogue that you have cheated out of large Sums, and utterly ruin'd.

I desire that he may be ask'd, what it was that influenc'd him at first to make such a Catalogue?

He desires to know upon what account it was that you made this Collecti­on of Names?

I had once a design to have him call'd to an Account, and forc'd to a Restitution; in which case I thought the Names of these Persons might be of some use to me.

What Method did you propose to your self to bring him to a Restituti­on?

I had a Notion, that if I drew up the Case, and got it recommended to the Honourable House of Commons, they would have thought the Prisoner worth their correction: But this he got intelli­gence of, and employ'd one of his Agents to make up the matter with me.

What, I suppose you mean he brib'd you with a Sum of Money to decline the Prosecution?

Truly you have hit of the ve­ry thing; he knew that I was poor, and he was guilty, and so compounded with me for a few Guineas to let the thing fall: And indeed, if I am not misinform'd, his Art of Bribing, &c. has guarded him so long from the Punishments which the Laws of the Land, and common Justice, have pro­vided for such notorious Offenders.

Well, Mr. Frivolous, we won't spend too much time neither upon such unnecessary Reflections; and so, unless the Prisoner will ask you any Questions, we'l call another Witness.

I design my Defence shall be general, and therefore I shan't ask him any Questions, but submit it to the discretion of the Jury, Whether a Person so highly [Page 24] [...] [Page 25] [...] [Page 26]prejudic'd, may be properly deem'd a good Evidence?

Call Monsieur Cringe the French Refugee.

Sir, do you know the Prisoner at the Bar, Squire Lottery?

O, Monsieur Lottery, are you there? me know you very well; me know you to be on very great Cheat, me think de greatest of all de English Cheats.

Sir, you must speak to the Court, and not to the Prisoner; you must tell the Court what you know of him.

I protest I don't know Monsieur Cringe; to the best of my knowledg I ne­ver saw him, nor heard of his Name.

For what you say, you never saw me, dat been one damn'd lie; but now me tink on't, you never knew no body after you have won all dere Money; you been one damn'd impudent Cheat, Monsieur Lot­tery, you know me very well.

You must give good words, and direct your Discourse to the Court, I tell you.

Me can no give good words, he bin so great a damn'd Cheat he deserve no [Page 27]good words, he bin de grand Cheat of the whole World; give good words?

I desire he may be askt of what Religion he is? and what occasion'd him to leave his own Country?

Me no tell dat, me be one French English Evidence, and dat be enough for my Religion; me leave my Country, be­cause me could stay dere no longer, and dat bin enough for dat dat too.

His Religion, or the Reason of leaving of his Country, signifies little to his Evidence; pray tell the Jury the Cause that makes you so very angry with the Pri­soner, Mr. Cringe.

Very good; why den me will tell you, About four week after me came to London, me valkt to Islington, where me met one English Whore, she carry me into the Company of de Prisoner; he tice a me to play at his Game, he treat a me, de Whore wheedle a me, till me lose all my Money, and den both the Squire and de Whore forsake a me.

Do you know this Whore again if you should see her?

Me know her very well; she bin one Citizen's Wife, dat first play'd away all her Husband's Effects, and now [Page 28]bin Whore in ordinary to de Squire and his whole Family.

Pray, Mr. Cringe, what did you lose in all?

Me lose too much, me lose four hundred Pistol in tree morning; me pawn my Sword, my Cloak, my Linnen, my Peruke, my All; and yet, Monsieur, you no know me.

Monsieur Cringe, have you no Lotteries in France? I mean, have you no Lotteries establisht by Authority?

No, Sir, de French Authority suffer no such ting; de French have too much Policy, and too much care of dere Country, den to suffer her to be expos'd at dat rate.

Well, Sir, I think we have no­thing more to do with you, unless the Pri­soner will ask you any Questions.

But den me have something to say to you; Pray, who must pay me my Money if Monsieur Lottery be hanged?

That's material Question indeed, Monsieur Cringe, but we can't stay to resolve it now, Let the Widow [Page 29] Turbulent and her two Daughters be call'd in.

Madam, the Court's inform'd that you can give material Evidence a­gainst the Prisoner at the Bar, Squire Lot­tery, alias Royal-Oak Lottery; be pleas'd therefore to tell the Court what you know of him.

I know him to be a Cheat, I know him to be a Whoremaster, Forni­cator and Adulterer: I know him to be a deceiver of the People; I know he has ruin'd me, debauch'd my Daughters; and I know he ought to be hang'd out of the way, and made a speedy Precedent of Ju­stice.

Pray, Madam, how came you to know him to be a Whoremaster in the first place?

I must be excus'd for com­ing to particulars: I'm upon my Oath, and I tell you again, upon the Oath I have taken, I know him experimentally, to be both a Whoremaster and an Adulterer: And as for his being a Fornicator, I leave that to my Daughters to prove.

Young Ladies, what say you? do you know him to be a Fornicator? [Page 30]But, pray, remember you are upon your Oaths.

For my own part I must declare, I know him to be a grand Fornicator; and I'm confident, Sister, you know that what I say is true, as well as my self.

Yes, Sister, I know him to be that very well; and if I had thought on't, I could have brought seve­ral of our Neighbours Wives and Daugh­ters, that all know the thing as well as our selves.

Madam, we have spent a great deal of time about the Prisoner already, and therefore must beg you to be as brief as you can; if you have any thing of mo­ment to urge, go on; if not, we have done with you.

Well, Mr. Manager, for all your haste, I hope I may tell you this, without being thought impertinent, that between the Prisoner at the Bar, the Pa­tentees, and the hangers on upon his Of­fice, there's more Cits instal'd in the noble Order of Cuckoldom, more young Wo­men debauch'd, and more Fools undone, [Page 31]than all all the Play-houses, Bawdy-houses, Musick-houses, Ordinaries, Booths, Balls, &c. within the sound of Bow-Bell.

We have other Witnesses which we might call, if the thing requir'd it; but, Gentlemen, having so effectually prov'd the Tenour of our Indictment, we'l leave it here.

Look you, Squire Lottery, we have done, and now you may speak, and say what you will in your own defence, and call what Witnesses you have to vindi­cate your Innocence, and to prove your self not guilty of the things you stand charg'd with.

Sir, I intend to spend as little of your time as I can: I perceive, that let me say what I will, you are prepar'd to o­ther-rule it, and so I'll only say a few words, and call three or four Witnesses to prove my Reputation, and then leave the good Men and true of the Jury, upon whose Verdict I must stand or fall, to use me as they shall best judg the nature of my Case deserves.

I know, Gentlemen, the tide of Preju­dice runs very fierce against me; so that let [Page 32]say what I will, I'm satisfy'd it will be all to very little purpose; an ill Name to a Person in my condition, is certain Death, which indeed makes me a little more indif­ferent in making my Defence.

But, Gentlemen, look upon me, I am the very Image of some of you, a married Protestant; upon which account I'm con­fident I may rely upon a little of your Ju­stice, if not your Favour.

The Crimes I am charged with are in­deed very great, and what's worse, there's some of 'em I can never expect to evince. But then, Gentlemen, I hope you'l consi­der, that whatever I did, was purely in the prosecution of my Occupation; and you know withal what Authority I had for it; so that if by chance, in this long tract of time, every thing should not be so nicely conformable as you expect, I hope you'l take care to lay the Saddle upon the right Horse.

You all know, that Covetousness and Cheating are the inseparable Companions of a Gamester; divide him from them, and he's the most insignificant Creature in Na­ture. And, Gentlemen, I appeal to your selves, if a little useful lying and falshood be not (in some cases) not only tolerable, but commendable. I dare say you will [Page 33]agree with me in this, that if all the Knaves and Cheats of the Nation were call'd to the Bar and executed, there would only be a few Fools left to defend the Common-wealth.

But, Gentlemen, as I told you before, I won't spend your time, and therefore I'll call my Witnesses. Call Captain Quon­dam.

Call. Capt. Quondam.

Sir, I desire you would give the Court an account what you know of me, as to Life and Conversation.

I have known the Prisoner for several years, and have been often in his company upon particular Occasions, and never saw any thing that was rude or un­hansome by him.

Pray, noble Captain, what Coun­try-man are you?

Sir, I am a West Country man.

An English West-Country, or a West-India Man? or what?

I am a West-Country Man of his Majesty's own Dominions, of the Kingdom of Ireland, in the County of [Page 34] Cork, and Parish of Durrus in the Barony of West-Carbury, near the great Bogg of Lon­guar, Gent.

You're a West Country man with a Witness. And, pray, how long have you been in England?

Ever since the last year of my Soveraign Lord King James.

And, pray, how long have you been a Captain?

I was born so; my Father, my Grandfather, great Grandfather, and most of my Kin, were all Captains before me.

You say you have been often in the Prisoner's Company; pray, where have you been in his Company, and upon what account?

I have been in his Company at Epsom, Tunbridge, Lambeth, Islington, and at several other places both in Town and Country.

Well, but you ha'nt told what was the occasion that brought you so oft into his Company.

He desir'd me to go along with him to help him to divert and enter­tain his Guests, especially the Ladies that us'd to visit him.

I suppose you're one of his De­pendents: had you never no Salary from him?

I have had several Favours from him, and I must own I love him very well; and, by my Shoul, I believe he's a very honest Man, and a good Christian.

Who's your next Evidence?

I desire Mr. Scamper may be call'd.

Call Mr. Scamper.

Pray, Mr. Scamper, give the Court an Account what you know of me as to my manner of living and behaviour in the World.

You know, Squire Lottery, your Acquaintance and mine is but of a late Date; I never saw you till last May at Lambeth-Wells, and then 'twas but by acci­dent too; you remember the occasion still, I believe; the two Female Cits that lost all their money, and pawn'd their Lockets: I must confess you tip'd me a couple of Gui­neas and a Wink, under the notion, I sup­pose, that I should bring 'em again, &c. And this is all I know of you of my own Experience.

I think you might as well have left out this Witness: Well, have you any more that you will call?

Only one, and I have done. I de­sire Madam Allport may be call'd.

Call Madam Allport.

Madam, I would beg you to do me the honour to tell the Court what you know of me.

I know the Prisoner to be a per­son of unquestionable Courage, Vigour, and Performance. I have known him in the Capacity of Maid, Wife, and Widow, and never found him otherwise than a man fit for business in all points.

What have we to do with his Courage, Vigour, and Performances. Do you know him to be an honest man, and a Friend to the Commonwealth of Eng­land?

Yes, Madam, tell 'em what you know as to my Honesty and Reputation; for those are the only things that are in­sisted upon here.

I know you to have as much Honesty and Reputation as the best of 'em. 'Tis very hard, methinks, that a Man must not make the best of his business, but he's in danger to be hang'd for it.

You must make no Reflections upon the Court. If you have any thing to say in the Prisoner's Defence, you must speak it without Passion or Reflection. But since you're so hot, Madam, where do you live, and what Occupation do you follow?

I am not asham'd to let you know where I live: I am a substantial House-keeper of the Parish of St. James Westminster; and there's ne'er an Officer belonging to the Marshal's Court, but will take my Bail in an Action of 39 s. as soon as the best Neighbour I have.

But what's this to the Prisoner? Can you say any thing in his Reputation? But since you're so good at that, pray what Function are you of? I ask'd you the Question before.

I sell Coffee and Chocolat; and, tho I say it, I have as good Conveniencies to entertain both Men and Women, as any one of the Trade.

Mistress, this is all foreign to the matter: what signifies it to us, that you sell Coffee? and that you have good Con­veniencies? This is all but trifling, and spend­ing the time of the Court to no purpose. If she has nothing to urge but such loose Tat­tle as this, let her be taken down. Sir, you don't do well to trouble the Court with such Impertinence.

I beg pardon of the Court for all this trouble: I am upon my last legs, and without offence, I hope I may be allow'd to make the best of my Defence. I am [Page 38]no Lawyer, and therefore if I am a little mistaken in point of Form, I hope it will not be made use of to my Disadvantage. All that I have more to say is, only two or three short words with respect to the Witnesses, and I have done.

As for Captain Pasthope, he's acted pure­ly by a Spirit of Malice and Prejudice; besides, he's a rank Tory, a mere Jaco­bite, a Cavalier of the last Edition, upon which account I'm perswaded the Jury are not bound to give any great credit to his Evidence.

For Mr. Frivolous, he's a Witness of the same species, an old musty Pretender to Loyalty, a person that I'm told has neither taken the Oaths nor sign'd the Association, which with submission seems to me to be a strong Testimony against the validity of his Evidence; nay, I [...] told that he and Stedfast are both Povishly affected; and then, Gentlemen the Law says they can­not be good Witnesses against a Protes­tant.

Then for Mr. Cringe the French Refugee, I think I am not at all concern'd to an­swer his Impertinence. What business have [Page 39]Refugees with Whores and Gaming-hou­ses? It is highly inconsistent with the Cha­racter of a person in a state of Persecution, to venture his money upon any account. Gentlemen, I suppose you all take the thing as well as my self, and therefore I shall not spend your time in useless Aggravations or Reflections.

And for the Widow Turbulent and her Daughters, her Evidence does no way af­fect my Life: if they will own themselves Whores, I don't think it worth my trouble to go about to disprove them. Upon the whole, I don't perceive any thing that ei­ther of them have swore against me that can affect my Life: but that I am bound to leave to you and the Jury to consider.

Gentlemen of the Jury, it comes to my turn to sum up the Evi­dence that has been given against the Pri­soner Squire Lottery, alias Royal-Oak Lottery. I'm certain he cannot be so unjust, to say that he has not had a very fair and equal Trial: and for my own part, I shall take particular care he shall have no reason to complain of me.

I suppose you all heard the Indictment that was read against him; First, That [Page 40]contrary to the known Laws of this King­dom, he has falsly, devilishly, and malici­ously, under the shadow and pretence of a Royal. Oak, carried on a cunning unequal Game, to the utter Ruin and Destructi­on of many thousand Families. Se­condly, That he was a common Enemy to all young People, dangerous and destruc­tive to all good Conversation; and that for many years last past he had continu'd to trepan and deceive divers Ladies, Gen­tlemen, Citizens, and others, to play away their money with him at manifest odds and disadvantage. Thirdly, That he the said Royal-Oak Lottery, the better to carry on his base Designs, did encourage divers lewd Persons, under the Notion of Patentees, to meet together, in order to propose ille­gal methods, the better to intangle igno­rant People. Fourthly, That for many years last past, by such cunning Strata­gems and Devices and false Pretences, he had utterly ruin'd an incredible number of Persons of both Sexes. And Lastly, That he had been the occasion of Scandal and Reflection upon the Wisdom and Justice of the Nation.

This, Gentlemen, was the Substance of the Indictment: for the proof of which, we have produc'd several Witnesses; and [Page 41]had many more ready if there had been any necessity.

The first Witness we call'd was Captain Pasthope, a Person that had been formerly one of the Patentees. He gives you first an Account how the Prisoner came into England at the Restoration of King Charles the Second; that he was intrusted with a Royal Authority under the notion that he was to be a Friend to poor Cavaliers: but then he tells you a little while after­wards, that that was all but pretence, and that the Patentees were in the main a Gang of Sharpers or broken Tradesmen, that had thrust themselves into the Busi­ness under the umbrage of Cavaliers.

He tells you likewise, that he had been disgracefully kick'd out of several Coun­tries for irregular Practices, till at last he forc'd himself upon poor credulous Eng­land (as he express'd it) for Sanctuary.

He also acquaints you, that he kept his Patentees place nine years, that he gain'd 4000 l. in the interim, and after all, sold his Place for 700 l.

He tells you too of the Methods that he generally makes use of to betray and tre­pan persons, viz. by sending out Bullies, Sharpers, and Whores, into every corner [Page 42]of the Town, to magnify the Justice and Equality of his Game; by which means, Fools of all sorts were seduc'd daily to come and be undone.

He gives you an Account of his Advan­tage, and shews you that 'tis impossible that any body in the main should win any money of him.

He tells you, That his House-keeping and Charity are both Pretence, and makes some Reflections upon his Cruelty to the Persons he has ruin'd; and seems to inti­mate too, that the Pension he is to pay the Crown is rather paid to some Courtiers to stand in the gap for him in a time of dan­ger.

And lastly, he informs you that all sober men look upon him as a Cheat, and are apt to pass sharp Censures upon the Wis­dom of the late Court, for intrusting him with a Royal Authority. He tells you, that the Town is at last grown very angry with him, and seem highly dissatisfy'd that so many thousand People should be sacri­fic'd to the Interest of two or three Cour­tiers, and three or four haughty Patentees, upon his account.

The next Witness we produc'd was Mr. Frivolous, a Person of great Honesty and [Page 43]Moderation. His Evidence is exactly of the same piece with the Captain's: he gives you a long and fair Account of all his base Practices and Proceedings; and withal pro­duces a large Catalogue of the Names of several considerable Persons he has utterly ruin'd: and moreover, tells you he had once a Notion to draw up his Case, and get it recommended to the Honorable House of Commons: and then he tells you 'tis his Bribery, or something like it, that has defended him so long from the Cor­rection of the Law.

Our third Witness is Mr. Cringe, a French Refugee; and he swears he was decoy'd in­to his Company by one of the Whores in ordinary that ply at his Office; that he sharp'd him out of 400 Pistols in three Mornings; that he treated and caress'd him till he had got all he had, and then barba­rously turn'd him off with Scorn and Con­tempt.

Gentlemen, This is a very strong Con­firmation of the Evidence given against him by Captain Pasthope and Mr. Frivolous, espe­cially of that part of it that relates to his Rules and Methods of trepanning, and his Cruelty to the Persons he has ruin'd.

The last Witness is the Widow Turbu­lent, and her two Daughters: The Widow deposes, she knows him to be a common Cheat, and withal, flatly charges him, up­on her own experience, with Whoredom and Adultery. The two Daughters swear him to be a grand Fornicator; and for a farther proof of their Evidence, declare that they could have brought several of their Neighbours Wives and Daughters to have confirm'd their Testimony.

Gentlemen, These were all the Witnes­ses we thought proper to call: we had mul­titudes in a readiness, if there had been any occasion for 'em; but these, I'm con­fident, in the sense of the Law, are suffi­cient to prove our Indictment.

The Prisoner in his Defence tells you, he perceives the Tide of Prejudice runs very high against him; that he's a mar­ried Protestant: and seems to insinuate, that whatever he did, was in the prosecu­tion of his Office, and under the Shadow of Authority.

He tells you further, that Covetousness and Cheating are the inseparable Compani­ons of a Gamester; and then appeals to your selves, if a little useful lying and falshood be [Page 45]not in some cases both tolerable and com­mendable. He further insinuates, that if all the Cheats and Knaves of the King­dom were call'd to the Bar and executed, there would be none but a few Fools left to defend the Commonwealth.

Besides this, he calls three Witnesses to prove his Reputation.

The first is one Captain Quondam a West Country Gentleman, as he calls himself, of his Majesty's own Dominions, of the Kingdom of Ireland, &c. He tells you he's a Captain born, and came over to England the last year of his Sovereign Lord King James; he says he has been of­ten in his company at Tunbridg, Epsom, &c. And for a conclusion, swears by his Soul, he believes him to be a very honest Man, and a good Christian.

But, Gentlemen, this is all but Irish Te­stimony: He cannot deny at the same time but he's one of his Dependants; and so up­on the whole, I think there's very little regard to be given to what he has swore.

The next he calls is one Mr. Scamper; and he truly tells him, he has known him but a very little time, and gives him an un­lucky Memorandum into the bargain; upon [Page 46]the account of his being in company with two Female Cits, while they lost all their Money and Jewels: He tip'd him the wink, and a couple of Guineas he says; and that's all he can say of him from his own experience.

The last Witness was one Mrs. Allport a Coffee-woman; and she swears she indeed knows him very well, to be a Person of wonderful Vigour and Performance; she has known him in the capacity of a Maid, Wife, and Widow it seems, and swears too, he's as honest a Man as the best of 'em all, and thinks 'tis very hard that he must not make the best of his business, but he's in danger to be hang'd for't.

This, Gentlemen, is the substance, both of the Evidence against him, and his De­fence. Now, Gentlemen, if from the whole you don't think the Prisoner at the Bar Guilty of what he's accus'd, then you're to acquit him: if you do, you're to bring him in Guilty. And so I'll give you no farther trouble upon the Subject.

Then the Jury withdrew, to consider of their Verdict, and an Officer was [Page 47]sworn to keep them, according to Law, till agreed: and about a quar­ter of an hour afterwards they return'd into Court, and the Prisoner was brought again to the Bar, and found Guilty according to the Indictment.

The next opportunity he was brought to the Bar again, to offer what he had to say for stop of Judgment; and afterwards received Sentence, together with Mr. Aucti­on and Dr. Land-Bank, who were both Try'd, Convicted, and Condemn'd; and their Trials will be publish'd with all pos­sible speed.