I Do appoint ROBERT PAWLET to Print the TRYALS of Robert Green, Henry Berry and Lawrence Hill: And that no other Per­son presume to Print the same.

WILLIAM SCROGGS.
‘VERITAS EX CINERIBVS REVIVISCIT’

AETATIS SVÆ 57

The true Effigies of Sr EDMOND BURY GODFREYE Knight and Iustice of the Peace who was MURTHERED by Papists the 12th day of October Anno. Domini. 1678. AETATIS. SUAE 57.

Sold by Arthur Tooker Stationer Print Map, And, Picture Seller At The Royal Hand & Globe Near Chareing Cross

THE TRYALS OF ROBERT GREEN, HENRY BERRY, & LAWRENCE HILL, For the Murder of SR. Edmond bury Godfrey Knt.

One of His Majesties Justices of the Peace for the County of MIDDLESEX; At the Kings-Bench Bar at Westminster, Before the Right Honourable Sir WILLIAM SCROGGS Knt. Lord CHIEF JUSTICE of that Court, And the rest of His Majesties Judges there; On Monday the 10th. of February 1678-79.

Where, upon full Evidence they were Convicted, and received Sentence accordingly, on Tuesday the next day following.

LONDON, Printed for Robert Pawlet at the Sign of the Bible in Chancery-Lane near Fleet-street, 1679.

THE TRYALS OF ROBERT GREEN, HENRY BERRY and LAWRENCE HILL, For the Murder of Sir Edmond bury Godfrey Knight.

ON WEDNESDAY the 5 th. of February 1678. Robert Green, Henry Berry and Lawrence Hill were brought from His Majesties Goal of Newgate to the Bar of the Court of Kings­Bench, to be Arraigned for the Murder of Sir EDMONDBURY GODFREY, upon an Indict­ment found by the Grand Jury for the Coun­ty of Middlesex, on Monday the morrow of the Purification of the Blessed Virgin Mary; and the Court proceeded thus.

Mr. Just. Wild Arraign'd the Prisoners.
Clerk of the Crown
Robert Green,

Hold up thy Hand.

Henry Berry,

Hold up thy Hand.

Lawrence Hill,

Hold up thy Hand.

Which they severally did.

You stand Indicted by the Names of Robert Green late of the Pa­rish of St. Mary le Strand in the County of Middlesex Labourer. Henry Berry late of the same Parish and County Labourer. And Lawrence Hill late of the same Parish and County Labourer; for [Page 2] that you three, together with Girald late of the same Parish and County Clerk: Dominick Kelly late of the same Parish and Coun­ty Clerk: And Phillibert Vernatt late of the same Parish and Coun­ty Labourer, who are withdrawn * Not having the fear of God be­fore your eys, but being moved and seduced by the instigation of the Devil, the twelfth day of October, in the Thirtieth year of the Raign of our Soveraign Lord Charles the Second, by the Grace of God, of England, Scotland, France and Ireland, King, Defender of the Faith, &c. at the Parish of St. Mary le Strand aforesaid, in the County of Middlesex aforesaid, in and upon Sir Edmond-bury God­frey Knight, in the Peace of God, and of our said Soveraign Lord the King, then and there being feloniously, voluntarily, and of your malice aforethought, did make an assault; and that thou the aforesaid Ro­bert Green a certain Linnen Handkerchief of the value of six pence about the neck of the said Sir Edmond-bury Godfrey, then and there feloniously, wilfully, and of thy malice aforethought, didst fold and fasten; and that thou the said Robert Green, with the Handkerchief aforesaid, by thee the said Robert Green in and about the neck of the said Sir Edmond-bury Godfrey in manner and form aforesaid, folded and fastned then and there him the said Sir Edmond-bury Godfrey, didst choak and strangle, of which said choaking and strang­ling of him the said Sir Edmond-bury Godfrey in manner and form aforesaid, he the said Sir Edmond-bury Godfry then and there in­stantly dyed: And that you the said Henry Berry, and Lawrence Hill, together with the said Girald, Dominick Kelly and Philli­bert Vernatt, then and there feloniously, voluntarily, and of your malice aforethought, were present, aiding, abetting, comforting and mantaining the aforesaid Robert Green; the aforesaid Sir Edmond­bury Godfrey in manner and form aforesaid, feloniously, voluntarily, and of his malice aforethought, to kill and murder; and so you the said Robert Green, Henry Berry and Lawrence Hill, together with the said Girald, Dominick Kelly and Phillibert Vernatt, in manner and form aforesaid, the aforesaid Sir Edmond-bury God­frey, feloniously, wilfully, and of your malice aforethought, did kill and murder, against the Peace of our Soveraign Lord the King, his Crown and Dignity. How sayst thou Robert Green, art thou guilty of this Felony and Murder whereof thou standst Indicted, and hast been now Arraigned, or not guilty?

Green,

Not Guilty.

Clerk of the Crown.

Culprit, How wilt thou be Tryed?

Green.

By God and my Countrey.

Cl. of the Cr.
[Page 3]

God send thee a good Deliverance. How sayst thou Henry Berry, art thou guilty of the Felony and Murder whereof thou standest Indicted, and hast been now Arraigned; or not guilty?

Berry.

Not Guilty.

Cl. of the Cr. Culprit,

How wilt thou be Try'd?

Berry.

By God and my Countrey.

Cl. of Cr.

God send thee a good Deliverance. How sayst thou Lawrence Hill, art thou guilty of the Felony & Murder whereof thou stand'st Indicted, and hast been Arraign'd, or not guilty?

Hill.

Not Guilty

Cl. of the Cr. Culprit,

How wilt thou be try'd?

Hill.

By God and my Countrey.

Cl. of the Cr.

God send thee a good Deliverance.

Cap. Richardson.

I desire to know when they must be brought up to be try'd?

Mr. Just. Wild.

Upon Friday next.

Cl. of the Cr.

You shall have a Rule to bring them up on Friday.

But on Thursday the 6 th. of February Mr. Attorney General mov'd the Court that it might be defer'd till Monday, that the King's Evidence might be the more ready, which was granted accordingly.

On Monday the 10 th. of February 1678. the said Robert Green, Henry Berry and Lawrence Hill, were brought again to the Barr for their Tryal, which proceeded as followeth.

Cl. of the Cr.

Make Proclaimation.

Cryer.

O Yes.

Cl. of the Cr.

Again, Again.

Cryer.

O Yes, O Yes. Our Soveraign Lord the King doth straightly Charge and Command all manner of Persons to keep silence upon pain of Imprisonment.

Cl. of the Cr.

Make an O Yes,

Cryer.

O Yes, If any one can inform our Soveraign Lord the King, the Kings Serjeant at Law, the Kings Attourney General, or this Inquest now to be taken of the Felony and Murder whereof Robert Green, Henry Berry and Lawrence Hill, the Prisoners at the Barr stand Indicted, let them come forth and they shall be heard, for now the Prisoners stand at the Barr upon their Delivery. And all others that are bound by Recognizance to give Evidence against the Prisoners at the Barr, let them come forth and give their Evidence, or else they forfeit their Recognizance.

Clerk of the Crown.
Robert Green,

Hold up thy Hand,

Henry Berry,

Hold up thy Hand,

Lawrence Hill,

Hold up thy Hand.

Which they severally did.

Those good Men that you shall hear call'd, and personally ap­pear, are to pass between our Soveraign Lord the King and You upon Tryal of your several Lives and Deaths; If therefore You, or any of You will challenge Them, or any of Them, your time is to speak unto them when they come to the Book to be sworn, and before they are sworn. Cryer, Make an O Yes.

Cryer.

O Yes, You good Men that are Impannel'd to enquire between our Soveraign Lord the King, and Robert Green, Henry Berry and Lawrence Hill, the Prisoners at the Bar, answer to your Names, and save your Issues.

Cl. of the Cr.

Sir William Roberts.

Cryer.

Vouz avez, Sir William Roberts.

Cl. of the Cr.

Sir William Roberts to the Book.

Cryer.

Sir William Roberts look upon the Prisoners: You Pri­soners look upon the Jury. You shall well and truly Trie, and true Deliverance make between our Soveraign Lord the King, and the Prisoners at the Bar, whom you shall have in charge, and a true Verdict give according to your Evidence. So help you God.

And the same Oath was administred to the rest, and their Names were as follow.
  • Sir William Roberts Barnt.
  • Sir Richard Fisher Barnt.
  • Sir Michael Heneage Knt.
  • Sir Thomas Bridges Knt.
  • William Avery Esq
  • Charles Umphrevile Esq
  • John Bathurst Esq
  • Richard Gowre EEsq
  • Thomas Henslowe Esq
  • John Sharpe Esq
  • John Haynes Esq &
  • Walter Moyle Esq
Cl. of the Cr.

Cryer, Count these. Sir. William Roberts.

Cryer.

One, &c.

Cl. of the Cr.

Walter Moyle.

Cryer.

Twelve, Good men and true, stand together, and hear your Evidence. Gentlemen, are you all sworn? and you that are not sworn, pray withdraw

The Standing-place for the Jury being so throng'd, that those who were sworn had not room to stand together; the Clerk of the Crown was Order'd to make Proclamation thus.

Clerk of the Crown.
[Page 5]

Cryer make proclamation.

Cryer.

O yes, My Lords the Kings Justices, doth straitly charge and command all persons, that are not of the Jury, to withdraw forthwith, upon pain of one hundred Pounds a man.

Clerk of the Crown.

Robert Green hold up thy hand, Henry Berry hold up thy hand, Lawrence Hill hold up thy hand. Which they severally did.

Gentlemen, you that are sworn look upon the Prisoners, and hearken to their Charge: You shall understand, that they stand indicted by the names of Robert Green, late of the Parish of Saint Mary le Strand in the County of Middlesex, Labourer; Henry Berry late of the same Parish and County, Labourer, and Lawrence Hill late of the same Parish and Coun­ty, Labourer; for that they, together with, &c. (as before) against the peace of our Soveraign Lord the King, his Crown and Dignity. Upon this Indictment they have been arraign­ed, they have thereunto severally pleaded Not Guilty, and for their trials have severally put themselves upon God and their Country, which Country you are. Your charge is to inquire, whether the Prisoners at the Bar, Robert Green, Henry Berry, and Lawrence Hill, or any of them are guilty of the Felony and Murder, whereof they stand indicted, or not guilty, and for them which you shall find guilty, you shall inquire what Goods or Chattels, Lands or Tenements, they had at the time of the Felony committed, or at any time since. If you find them, or any of them not guilty, you shall inquire, whe­ther they, or any of them, that you find so not guilty, fled for the same, if you find, that they, or any of them fled for the same, you shall enquire of their Goods and Chat­tels, as if you had found them guilty: But, If you find them, nor any of them not guilty, nor that they did flie for it, say so, and no more, and hear your Evidence. Cryer make Pro­clamation.

Cryer.

O yes, If any one will give evidence on behalf of our Sovereign Lord the King, against Robert Green, Henry Berry, and Lawrence Hill, the Prisoners at the Bar, let them come forth and they shall be heard.

Then Sir Thomas Stringer, Serjeant at Law of Counsel with the King in this Cause, opened the Indictment thus;
Mr. Serjeant Stringer.

May it please your Lordship, and you Gentlemen of this Jury, The Prisoners at the Bar, Ro­bert Green, Henry Berry, and Lawrence Hill, stand indicted for that they with one Girald a Priest, one Kelly, and one Ver­nat, did the twelfth of October last, at the Parish of Saint Mary le Strand in this County, feloniously, willfully, and of their malice afore thought, assault the Person of Sir Edmond­bury Godfrey, Knight, and that the Prisoner, Robert Green, did put about the Neck of the said Sir Edmondbury a twist­ed Handkerchief, and did with that twisted Handkercheif so choak and strangle the said Sir Edmondbury, that he im­mediately died, and that the other Prisoners, Henry Berry and Lawrence Hill, with the other persons Girald, Kelly, and Vernat, were aiding and assisting the said Robert Green to murder the said Sir Edmondbury, and so the Prisoners at the Bar, with the said other persons, the said Sir Edmondbury God­frey, did kill and murder against the Kings Peace, his Crown and Dignity. To this they have pleaded not guilty, and for their trial have put themselves upon their Country, which Country you are. If we prove them, or any of them guilty, you are to find it so.

Then Sir William Jones, his Majesties Attorny General, o­pened the Evidence in this manner,
Mr. Atorney General.

May it please your Lordship, and you Gentlemen of this Jury, the Prisoners who stand now at the Bar, are indicted for murther. Murder, as it is the first, so is it the greatest Crime, that is prohibited in the Second Table. It is a Crime of so deep a stain, that nothing can wash it away but the Blood of the Offender, and unless that be done, the Land in which it is shed, will continue polluted. My Lord, as murder is always a very great crime, so the murder, which is now to be tryed before your [Page 7] Lordship, is, it may be, the most hainous and most barbarous that ever was committed. The murder was committed upon a Gentleman, and upon a Magistrate, and I wish he had not therefore been murdered, because he was a Protestant Magi­strate.

My Lord, I will not spend much of your time in mak­ing my observations before hand, because I must in this Case crave leave to do it in the conclusion of the Evidence. For I, that have made a strict examination into this matter, do find, that I shall better spend my time in making obser­vations, and shewing how the Witnesses do agree after the Evidence given than before. Therefore, my Lord, I shall at present only make a short Narrative of the fact, to shew you the course of our Evidence, that it may be the better under­stood and remembred by the Jury.

My Lord, upon the discovery of the late horrid Plot.—

Lord Chief Justice. And present Plot too, Mr. Attorny: But pray go on.
Mr, Attorney General.

If your Lordship please, you may call it so, for tis to be feared they have not yet given it over: But upon the discovery of that Plot (call it late or present) Sir Edmondbury Godfrey (whom, I suppose, the Jury all knew, and every man, that lived there abouts, must needs remember to have been a very useful and active Justice of the Peace) had taken several examinations about this matter, and perhaps some more than now are extant: (but we have proof he had some) and was very industrious in finding out the principal Actors in this Plot, among whom, some Priests and Jesuits foreseeing their own danger, and likewise the overthrow of a design which they had been so long in con­triving, they had several Consultations how to prevent the discovery. And as they are men, who never stick at blood but rather account it meritorious to shed it, though never so unjustly when their Interest may be profited by it, they did resolve to secure themselves and their design by take­ing away the life of this Gentleman. In order thereunto they had several meetings, and the place of their meeting, you will find by the Evidence, to be at the Plow Ale-house, and there they did consult how to take away the life of Sir Edmondbury [Page 8] Godfrey, And they made several attempts to do it: one while they dogg'd him into the fields, another while they sent people to spie when he came abroad, that they might follow him into some dark Alley, or other obsure or unfrequented place, and there dispatch him; and at last, after many attempts, they succeeded in that wicked one, when the Murder was committed.

My Lord, there are contained in this Indictment six Of­fenders, all principals, three of them, I think, are Preists, or at least two of them are so, that is, Father Girald an Irish man, Father Kelly likewise of the same Nation, and one Vernat, whether a Preist or Lay-man, I know not. These Preists (as they are always the first that contrive mischeife, so they are always the first that fly punishment) have taken care for themselves and run away, and left their blind followers, the Prisoners at the Bar, whom they had drawn into this bloody act, alone to answer for it.

The day, when this murder was committed, was Satur­day the 12th of October last; and I must desire your Lord­ship to take notice of the day, for upon that much of the Evidence will depend. And we shall prove, that as they did before send several times to Sir Edmondbury Godfrey's house to get intelligence of his going abroad, so this very day in the morning, Hill one of the prisoners at the bar came to his house upon pretence of business with him, and as we guess, and have reason to believe, to learn whither he went that day: Green (another of the prisoners) had been there before on the same errand. And so much we shall prove to you by the people of the house Sir Edmondbury Godfrey happened about noon, or some time in the afternoon of the same day (as we have it by the con­fession of one of the parties) to be at an house near Saint Clements Church, where these murtherers had notice he was, and had prepared a trap for him as he came back. They had appointed men to watch him and give them no­tice when he did come back, and whatever his business was at the house that he was in (for it cannot yet be known) he staid there till about seven or eight a clock at night: And your Lordship knows that at that time of the year it is then dark. [Page 9] He coming from about St. Clements Church towards his own house near Charing-Cross, notice was given to the Murderers of his approach near to Sommerset-house. And thus they had laid their Bloudy contrivance: Some of them were appointed to meet him at the Back-gate of Sommerset-House, and to inform him that there was a Quarrel in the Yard, and He being a man alwayes careful to keep the Peace and Punish them that broke it, they thought it a very apt means to train him into the Yard. And when He came near the back-gate they did accordingly acquaint him that Two of the Queens Servants were fighting in the yard, and that they needed his presence to part and quiet them. He at first, thought it might be but some ordinary idle scuffle, and was not willing to go down, but being very much importun'd by them, down he went through the back-gate into the yard, where were indeed two men scuffling together, but counter­feitly, the one was Berry the Prisoner here, the other was Kelly the Priest that is run away. And when Sir Edmundbury Godfrey was come, and within their reach, then, as it was before contrived, the Fray of it self ended, and Berry goes to the lower water­gate, and Mr. Praunce (who was in that soul fact, but hath since repented, and hath made this discovery) to the upper­gate, to keep back any casual passengers for a little while, till such time as the murder was over.

My Lord, Things being thus prepared, whilest Sir Edmund­bury Godfrey stood still, or was returning, having no more to do there, after the scuffle was thus appeased, Green one of the Prisoners, coming behind him, puts a Cravat, or a Twisted linnen cloth, (which he had ready for the purpose) about his Neck. And He, Hill, and those holy Fathers Girald and Kelly (with great veneration be it spoken, for men of their Order to stain their hands with the bloud of an Innocent Gentleman, and that in so Treacherous a manner) All set upon him, and very manfully, being Four upon one, and he altogether surprized, threw him down and Strangled him. And this was done (as it is easie to imagine) without much noise, so that I doubt not but many that were near the place might be ignorant of it and did not hear it.

My Lord, Though the thing was done with a great Zeal, and a very good will to dispatch him, yet it so happened, that when Mr. Praunce came back from keeping Sentinel at the Gate, there was some life left in Sir Edmundbury Godfrey, he did stir his [Page 10] feet, and thereby they perceived that he was not quite dead. But to make through work with him, Green, (who begun, and was to give an accomplishment to this bloudy fact) takes hold of his Head and twists his Neck round, and stamps upon his Breast, the marks of which outragious cruelty did plainly appear in his body after it was found

My Lord, after they had thus kill'd him, Girald the Priest thought he was not yet dead enough, and was very willing to run him through with Sir Edmundbury's own Sword, but that was not liked by the rest, lest it might be discovered by a great effu­sion of bloud in that place: and so they forbore it for that time. Having thus dispatch'd him, they removed him to the Chamber of Hill where they kept him some time, and after that to another Chamber. I will not be particular herein because the Witness will give the best account of it. But after some time, (I de­sire it may be observed) 'twas on Monday night (two nights after the fact was committed) they brought him into another Room and laid him there, with a Cloak thrown over him. And I mention this last so particularly, because he then happened to be seen by another witness here present, who concurs as to his lying there dead, and that he saw him by the help of a dark Lau­thorn, of which, and other Circumstances, I shall have occa­sion to make use hereafter.

My Lord, After he had lain in Sommerset-House some days, they thought it was high time to remove him, or rather to ex­pose him: for having now killed him they did endeavour to kill his Reputation, and lay the blame of this foul murder upon the innocent Gentleman, as if he had killed himself: And on Wednesday night, which by computation was the 16th of October, they carried him out of Sommerset-House in this manner. Hill having late in the night procured a Sedan, they made a shift by bending the body to a fit posture to crowd him into it; and Berry one of the murderers and Porter of Sommerset-House was of all men most proper to help them out with privacy, and there­fore it was agreed between them, that whenever a man should come before and make an hem, it should be a sign to Berry to open the Gate. And my Lord, having put him into the Sedan, Mr. Praunce and Girald first carryed him out in it to Covent Gar­den, and there they rested, being something wearied with their burden, and two more supplied their rooms, and carried him to Long-Acre. Then Girald and Praunce took him up again and [Page 11] carried him to the Grecian Church near So-ho: And when they had him there, they got an horse ready and mounted him upon it, and Hill was set behind him to hold him up; by which means they carried him to the place where he was found, and there to accomplish the last part of their design, which was to murder his Reputation after they had killed his body, they took his own Sword and run him through, and left him in such a manner, as that (according to the weakness of their understanding) the world should conclude he had killed himself. In that con­dition was the Gentleman found. I have but little more at pre­sent to trouble you with, and that shall be to shew you what the murtherers did after they had committed this fact. They gave an account of it the next morning to Mr. Praunce, who went no further than the Sedan went, which was to the Grecian Church: and the Priests were so far from any remorse, and had so little of humanity, (I believe there is none can think had much of Divinity) that they did in a paper set down a Narra­tive of this Heroick Act: and I doubt not but by this time it is sent to Rome, where it finds as great Approbation, and causes as great Joy as their other Acts of a like nature have heretofore done. Some days after the Fact was done, and to their ever­lasting honour thus by themselves recorded, some of these Priests had a meeting at the Queens head at Bow, and there was the Paper produced and read, at which they were very merry, and were so loud that some of the house overheard them, and do yet remember that they read and were merry at a paper which con­cerned Sir Edmundbury Godfrey.

My Lord, This will be the course of our Evidence, and though your Lordship and the Jury will easily believe that most of these particulars must arise from one who was party to the Fact, yet my Lord, I will undertake before I have done, so to fortifie al­most every patticular he delivers, with a concurrent proof of other Testimony, and the things will so depend upon one ano­ther, and have such a Connexion that little doubt will remain in any mans mind that is come hither without prepossession, but that Sir Edmundbury Godfrey was murthered at Sommerset-House, and that the persons who stand now Indicted for it were the murtherers.

Mr. Recorder,

My Lord, if your Lordship pleases, according as Mr. Attorney hath opened it, we desire we may call our Wit­nesses, and first we will call Mr. Oates.

Cryer,
[Page 12]

Mr. Oates, Lay your hand on the Book. The Evidence you shall give for our Soveraign Lord the King against Robert Green, Henry Berry and Laurence Hill the Prisoners at the Bar, shall be the Truth, the whole Truth, and nothing but the Truth. So help you God.

Mr. Sol. Gen.

Pray Mr. Oates will you give my Lord and the Jury an account what Transactions there were between you and Sir Edmundbury Godfrey, and that, my Lord, is all we call him for.

Mr. Att. Gen.

My Lord, I call this Gentleman to prove, what Examinations Sir Edmundbury Godfrey had taken, and what was his own opinion of himself about them.

Lord C. J.

Mr. Attorney, I suppose the Use you make of it is this, to shew that that might be one of the motives to these per­sons to do this act because he was forward in the discovery of their Plot.

L. Chief Just.

Come Mr. Oates, pray tell your knowledge.

Mr. Oates,

My Lord, upon the sixth of September last, I did go before Sir Edmundbury Godfrey, and there upon Oath gave in se­veral depositions, and after that I had made Oath of those De­positions, we took the Record along with us home again. And on the 28th. of September, after we had taken two or three Co­pies of this Record, we went before Sir Edmundbury Godfrey again, and Swore all the Copies we had taken, and so made them Re­cords. My Lord, after that, the business was made known to the Council by my self, and upon Monday Mr. Godfrey came to me, which was I think the 30th. of September, and did tell me what affronts he had received from some great persons (whose names I name not now) for being so zealous in this business. And my Lord, he told me that others who were well inclin'd to have the discovery made, did think that he had not been quick enough in the Prosecution, but had been too remiss, and did threaten him that they would complain to the Parliament, which was to sit the 21th. of October following. My Lord, that week before Sir Edmundbury Godfrey was missing, he came to me, and told me that several Popish Lords, some of whom are now in the Tower, had threatned him, and asked him what he had to do with it. My Lord, I shall name their names when time shall come. My Lord, this is all I can say, He was in a great fright and told me he went in fear of his life by the Popish party, and that he had been dog'd se­veral days.

Mr. Attor. Gen.
[Page 13]

Did he tell you that he was dogg'd?

Mr. Oates.

Yes, he did, and I did then ask him why he did not take him man with him, he said, he was a poor weak Fel­low I then ask'd him why he did not get a good brisk Fel­low to attend him, but he made no great matter of it, he said he did not fear them, if they came fairly to work, but yet he was often threatened, and came sometimes to me to give him some encouragement, and I did give him what encouragement I could, that he would suffer in a just Cause and the like: but he would often tell me he was in continual danger of be­ing hurt by them.

Mr. Attor. Gen.

We desire Mr. Robinson may be sworn. Which was done accordingly.

Mr. Recorder.

Pray Sir, will you tell the Court and the Jury, what discourse you had with Sir. Edmondbury Godfrey, and what apprehensions he had concerning this business.

Tho. Robinson Esquire, Chief Prothonotary of the Court of Common-pleas.

My Lord, Sir Edmondbury Godfrey and I were of a very ancient acquaintance for above forty years, we were bred up together at Westminster- School and continued in that acquaintance all along, except in the time of the War, and were for many years together in Commission for the peace, both for this Coun­ty and this City, We met at the Quarter-Sessions for Westminster the seventh of October, which was Monday, as I take it, and meet­ing there, we went after the Court was up and dined with the head Bayly, as the custome is; where Sir Edmondbury Godfrey and I did discourse several things about this Plot; I said to Sir Edmondbury Godfrey, I understand you have taken several ex­aminations about this Plot, that is now made publick, true­ly, said he, I have, but, I think, I shall have little thanks for my paines, or some such words: saith he, I did it very unwillingly and would fain have had it done by others; why, said I, you did but what was your duty to do, and it was a very good act: pray, Sir, have you the examinations about you, will you please to let me see them; no, I have them not, said he, I delivered them to a person of quality, but as soon as I have them you shall see them. But, said I, I should be [Page 14] very glad to understand, Sir Edmondbury, that the depth of the matter were found out, I am afraid, said he, of that, that it is not, but discoursing further, he said to me, Upon my Conscience, I believe, I shall be the first Martyr. Why so, said I, are you afraid? No, said he, I do not fear them, if they come fairly, and I shall not part with my Life tamely. Why do not you go with a man, said I, if you have that fear up­on you? Why, said he, I do not love it, 'tis a clog to a man, but, said I, you should do well to keep a man: I observe you never go with one.

Mr. Attor. Gen.

But did he tell you, Sir, that he did believe, he should be the first Martyr?

Mr. Robinson.

Yes, He did say, upon his Conscience he did be­lieve he should be the first Martyr, and this is all I can say of this business.

Mr. Attor. Gen.

Then if your Lordship please we will in the next place call Mr. Praunce, who was drawn in to be pre­sent at this businesse, and who knew of all the fact, and will give you an account of the whole matter.

Then Mr. Praunce was sworn.
Mr. Attor. Gen.

Pray, Sir, begin at the very beginning. The meetings you had at the Plow-Ale-House, and the sending to Sir Edmondbury's House, and all the Story.

L. Ch Just,

Mr. Praunce, pray tell us the first motives that were used to you to do this thing, and the first time it was mentioned, who they were that first mentioned it, and where.

Mr. Praunce.

My Lord, it was about a fortnight or three weeks before he was murdered, we met several times at the Plow­Ale-House.

L. Chief,

Just, With whom?

Mr. Praunce.

With Mr. Girald, Mr. Green, and Mr. Kelly. Girald and Kelly did intice me in, and told me it was no Sin.

Mr. Recorder.

Girald and Kelly did?

Mr. Praunce.

Yes Girald and Kelly,

Mr. Recorder.

VVhat are they?

Mr. Praunce.

Two Priests: And they said it was no sin, it was a charitable act: They said he was a busie man, and had done, and would do a great deal of mischief, and it was a [Page 15] deed of Charity to do it, and so they told the rest besides.

Mr. Attor. Gen.

Where was it they said thus?

Mr. Praunce.

They said it at the Plow, and by the Water­side.

Mr. Recorder.

Well said, how long was it before he died?

Mr. Praunce.

A week or a fortnight before he was murder­ed, and Green, Hill, and Girald met there together.

Mr. Attor. Gen.

What discourse had you then?

Mr. Praunce.

There they resolved that the first that could meet with him should give notice to the rest to be ready, and so in the morning, when they went out on Saturday—

Mr. Attor. Gen.

But before you come to that, do you know of any dogging of him into the fields.

Mr. Praunce.

Yes, it was before that I heard them say, they would and had dogged him into the fields.

L. Chief. Just.

Who did you hear say so?

Mr. Praunce.

Girald, Kelly, and Green,

Mr. Attor. Gen.

That Green is one of the Prisoners.

Mr. Recorder.

Which way did they dog him? what Fields?

Mr. Praunce.

Red Lion fields, and those by Holborn.

Mr. Attor. Gen.

Why did they not kill him there?

Mr. Praunce.

Because they had not opportunity.

Mr. Att. Gen.

Do you know of any sending to his House, or going to it?

Mr. Praunce.

One time I do know of, and that was Saturday morning, Mr. Kelly came to give me notice, that they were gone abroad to dog him, and afterwards they told me, that Hill or Green did go to his House and ask for him, but the Maid told him he was not up, and then went away, and said he would call by and by.

Hill.

What time was that in the morning?

Mr. Praunce.

It was about nine or ten a clock in the morning.

Hill.

And had we been there before or after?

Mr. Praunce.

You had been there before.

Mr. Recorder.

Pray stay till such time as we have done with our Evidence, you shall have all free liberty to ask him any Que­stion, but you must stay till we have done.

Mr. Praunce.

As soon as they heard he was within, they came out and staid for his coming out, and dogg'd him.

L. Chief. Just.

Did all three of them go to his House?

Mr. Praunce.
[Page 16]

No, my Lord,

L. Ch. Just.

Who was it did go?

Mr. Praunce.

Only one, either Hill, or Green.

L. Chief Just.

How do you know that?

Mr. Praunce.

They told me so themselves, for they came to give me notice.

L. Ch. Just.

Who told you so?

Mr. Praunce.

It was Girald and Green both.

L. Ch. Just.

Did Green tell you that he had been there?

Mr. Praunce.

He told me one of them, but I am not certain which. And so, my Lord, after that, when he came out they dogg'd him that day up and down.

Mr. Justice Jones.

Who dogg'd him?

Mr. Praunce.

Girald, Green and Hill dogg'd him into St. Cle­ments; and about seven a clock, Green came and gave me notice, that he was at Saint Clements, and I came to Somerset-House as fast as I could.

L. Chief. Just.

Where were you?

Mr. Praunce.

At my own house.

L. Chief. Just.

How far did you live from Somerset-House?

Mr. Praunce.

I lived in Princes-Street, not far from Somerset-House.

Mr. Recorder.

Who was it gave you notice?

Mr. Praunce.

It was Green. He told me that Girald and Kelly were watching him, and that he was at Saint Clements.

L. Chief. Just.

VVhere vvas he?

Mr. Praunce.

At Saint Clements, my Lord

L. Ch. Just.

VVhere there?

Mr. Praunce.

I was not there, they told me so, and no more; and about eight or nine a clock Hill came before up the Street, and gave us notice, that we must be ready. And so, my Lord, as soon as Hill had given us notice, he went up to the Gate, and staid there till Sir Edmondbury Godfrey came by, and then told him, there were two men a quarrelling, and desired him to come, and trie whether he could paci­fie them; he was very unwilling; but pray, Sir, (saith Hill) you being a Justice of the Peace may qualifie them, and so he vvent dovvn till he came to the bottome of the Railes, and vvhen he came to the bottome of the Railes, Green tvvisted his Handkerchief, and threvv it about his [Page 17] neck, and threw him behind the Rayles, and there throttled him, and punched him, and then Girald would have thrust his Sword through him, but the rest would not permit him, for fear it should discover them by the blood. And about a quarter of an hour after, I came down, and found he was not quite dead; for I laid my hand upon him, and his Leggs tot­tered and shook, and then Green wrung his Neck quite round.

Mr. Att. Gen.

Who was it that took him by the Neck?

Mr. Praunce.

It was Green, my Lord.

L. C. Just.

Did you see him?

Mr. Praunce.

No, but he did tell me afterwards that he did it.

L. C. J.

Who, Green himself?

Mr. Praunce.

Yes, my Lord, for he boasted of it.

Mr. Att. Gen.

Pray what did he do to him besides?

Mr. Praunce.

He punch'd him with his Knee.

L. C. J.

Did you see him to do this? How do you know he did it?

Mr. Praunce.

He and the rest told me so afterwards.

L. C. J.

Where were you at that time that the Handkerchief was twisted about his Neck?

Mr. Praunce.

As soon as he came down I went towards the Gate.

L. C. J.

Who ordered you to stand at the Gate?

Mr. Praunce.

It was Hill.

Mr. Serj. Stringer.

You watch'd the Water-Gate, who watch'd the Staires?

Mr. Praunce.

That was Berry.

Mr. Recorder.

Pray give an accompt what they did after­wards.

Praunce.

Why afterwards—

Mr. Att. G.

Who told you that Green twisted his Neck?

Mr. Praunce.

All spoke of it.

Mr. Att. G.

Did Hill? Mr. Praunce. Yes, he, and the rest.

Mr. Att. G.

How came you to understand that he punch'd his Breast?

Mr. Praunce.

Green spoke of it himself, and so did the others.

Mr. Att. G.

Who were about his Body when you came down to the Gate?

Mr. Praunce.

All Four.

Mr. Att. G.

Name them.

Mr. Praunce.

Hill, Green, Girald and Kelly.

Mr. Att. G.

Was Berry there?

Mr. Praunce.
[Page 18]

He came to them a while after.

Mr. Att. G.

When?

Mr. Praunce.

Before they carried him into the house.

Mr. Att. G.

How can you tell that?

Mr. Praunce.

Because he helpt them to carry him in.

Mr. Sol. G.

Where was Berry before they carried him into the house?

Mr. Praunce.

He was about the Staires.

Mr. Recorder.

Who was it that carried him up into the Room?

Mr. Praunce.

We all did.

Mr. Recorder.

Pray name all that were in the Company.

Mr. Praunce.

There was Giral'd, Green, Hill, Kelly, Berry and I.

Mr. Att. G.

Who set their hands to do it?

Mr. Praunce.

We all did help; Hill went before and opened the Door, and we carried him into the Room.

Mr. Att. G.

Whose Room was that?

Mr. Praunce.

It was at a Chamber of Hill's in Dr. Godwin's house.

Mr. Recorder.

Was Hill Godwin's man?

Praunce.

Yes, he had been.

Mr. Justice Jones.

Did Berry help to carry him in?

Mr. Praunce.

Yes, Berry did.

Mr. Serj. Stringer.

Was there any discourse of a Sword to be thrust through him at that time?

Mr. Praunce.

Yes, Girald said he would thrust a Sword through him, but they would not let him for fear of discovery.

Mr. Att. G.

What became of the Body?

Mr. Praunce.

It lay there till Monday Night, and on Monday it was removed into Somerset-House, and upon Monday Night Hill did shew me it with a Dark Lanthorn.

Mr. Att. G.

Who were in the Room then?

Mr. Praunce.

Girald, and Hill, and Kelly, and all were there. And on Tuesday Night it was brought back again: Mr. Hill would have carried him into his own Lodging.

L. 6. J

Whither did they carry him on Monday Night?

Mr. Praunce.

Into Somerset-house.

Mr. Justice Wild.

Is not Hill's Chamber in Somerset-house?

Mr. Serj. Stringer.

Describe the Room Mr. Praunce, as well as you can.

Mr. Praunce.

I am not certain of the Room, and so cannot describe it.

Mr. Justice Wild.
[Page 19]

But was not Hill's Chamber in Somerset-house?

Mr. Praunce.

'Tis in the lower part of the house in a Court.

Mr. Att. G.

When you saw him in this Room, pray, what was thrown over him?

Mr. Praunce.

There was something, I cannot tell what; for I durst not stay long there.

Mr. Justice Dolben.

What light was there?

Mr. Praunce.

Only a Dark Lanthorn.

Mr. Att. G.

Who carried it?

Mr. Praunce.

Hill carried it.

Mr. Justice Dolben.

Are you sure you saw the Body there?

Mr. Praunce.

Yes, I am certain of it.

Mr. Att. G.

What became of it after that?

Mr. Praunce.

On Tuesday Night it was carried to Hill's, the Chamber where he was first brought after he was murdered; but there was some body there, and so they could not carry it into the Room but they carried him to a Room just over against, I think they were Sir John Arundell's Lodgings, I can't tell. There it lay till Wednesday Night, and about Nine a Clock on Wednesday Night they were removing the body into the Room where it first lay; and I happened to come as they were re­moving it, and they were affrighted, and run away: But I spoke, and Berry came back again, and got the Body up into the Room, and about Twelve a Clock they carried it away in the Sedan.

Mr. Att. G.

Who brought the Sedan?

Mr. Praunce.

Hill did.

Mr. Att. G.

Who put him into it?

Mr. Praunce.

We all set our Hands to it.

Mr. Att. G.

Who carryed him out first?

Mr. Praunce.

I and Girald.

Mr. Att. G.

Out of which Gate?

Mr. Praunce.

The Upper-Gate of the Upper-Court.

Mr. Att. G.

How came you to have the Gate opened?

Mr. Praunce.

Berry opened it.

Mr. Att. G.

How came he to open it?

Mr. Praunce.

Some body hem'd, and that was the Sign.

Mr. Att. G.

Who was it that carryed the Sedan first?

Mr. Praunce.

I and Girald.

Mr. Att. G.

Who went before?

Mr. Praunce.

Green and Kelly.

Mr. Recorder.
[Page 20]

How far did you carry him?

Mr. Praunce.

Into Covent-Garden, and there we rested.

Mr. Att. G.

And who took him up then?

Mr. Praunce.

Green and Kelly.

Mr. Att. G.

How far did they carry him?

Mr. Praunce.

They carryed him to Long-Acre. Then we took him up and carryed him to Soe-hoe Church, and there Hill met us with an horse, and wee help'd the body up.

Mr. Att. G.

Who was it that rid behind him?

Mr. Praunce.

It was Hill.

Mr. Att. G.

What did you do with your Sedan?

Mr. Praunce.

We set it in a new house till we came back again.

L. C. J.

You say you saw him on horseback?

Mr. Praunce.

Yes, My Lord, I did.

L. C. J.

How, in what posture?

Mr. Praunce.

Astride, his leggs were forced open, and Hill held him up.

Hill.

Did I hold him?

Mr. Praunce.

Yes, you did.

L. C. J.

Did the others go with him?

Mr. Praunce.

Yes, My Lord.

L. C. J.

Who did go with him?

Mr. Praunce.

Green, Hill, Girald, and Kelly.

Mr. Att. G.

Pray will you tell my Lord and the Jury, what accompt they gave you the next morning concerning the Bo­dy, and how they had disposed of it.

Mr. Praunce.

They told me—

L. C. J.

Who told you?

Mr. Praunce.

Hill, Kelly, and Girald.

L. C. J.

What did they tell you?

Mr. Praunce.

First, that they had run him through with his own Sword; then thrown him into a Ditch, and laid his Gloves and other things upon the Bank.

Mr. Att. G.

Pray tell now the story of your meeting at Bow. What was the house called you met at?

Mr. Praunce.

It was the Sign of the Queens Head.

Mr. Att. G.

Who was it that did meet there?

Mr. Praunce.

They were Priests, I can't so well remember their names, they are written down in this paper.

Mr. Record.
[Page 21]

Look on the paper yourself, you can read I sup­pose.

Mr. Praunce.

There was one Luson a Priest, I think.

Mr. Att. G.

Where did he live?

Mr. Praunce.

He was with Vernatt.

Mr. Att. G.

What was the occasion of your meeting there?

Mr. Praunce.

Vernatt told me only it was to be merry there.

Mr. Att. G.

What was the man of the House his name?

Mr. Praunce.

One Casshes.

Mr. Att. G.

Did you dine there? Mr. Praunce. Yes.

Mr. Att. G.

What had you for dinner?

Mr. Praunce.

We had a Barrel of Oysters, and a dish of Fish: I bought the Fish my self.

L. Chief Just.

What day was it?

Mr. Praunce.

The Friday after the Proclamation, that all the Papists were to be gone out of Town.

Mr. Record.

Tell what company you had there, and what Discourse.

Mr. Praunce.

There was Mr. Vernatt, and I, and Mr. Girala, and that other Priest, and one Mr. Dethicke.

Mr. Att. G.

Who sent for him?

Mr. Praunce.

Mr. Vernatt sent a Note for him by a Cobler.

Mr. Att. G.

Did he come upon that Note?

Mr. Praunce.

He came presently. And when he was come, then they read all the writing of the murder; for Mr. Vernatt should have been one at the doing of it but something hap­pen'd he could not.

Mr. Att. G.

Mr. Vernatt was very sorrowful at the reading of it, was he not?

Mr. Praunce.

If he was, it was because he was not there.

Mr. Att. G.

How did he behave himself? Did he read it with any Pleasure and Delight?

Mr. Praunce.

We were all very merry.

Mr. Att. G.

What can you say about any body's over-hea­ring you?

Mr. Praunce.

There was a Drawer came and listned at the Door, and I hearing the Door a little rustle, went to the Door, and catch'd him listing, and said I to him, Sirrah, I could find in my Heart to kick you down Stairs; and away he went.

Mr. Just. Wild.

Was Vernatt with you there that night he was murdered, the Saturday Night?

Mr. Praunce.
[Page 22]

No, there was only the Six I have named.

Mr. Just. Jones.

You say that you met at the Plow the first Night?

Mr. Praunce.

Yes.

Mr. Just. Jones.

And there you were told, That it was ve­ry charitable act to kill Sir Edmundbury Godfrey?

Mr. Praunce.

Yes, I was so.

Mr. Justice Jones.

Was it agreed there that he should be kill'd?

Mr. Praunce.

It was agreed there; and the first that met him were to give notice to the rest.

Mr. Just. Jones.

Who were there?

Mr. Praunce.

Girald, Kelly, Green and I.

L. C. Just.

When came Hill and Berry into this Cause? How came they acquainted with it?

Mr. Praunce.

They were in it before I.

L. C. J.

Who told you they were in it?

Mr. Praunce.

Mr. Girald, my Lord, told me so.

Mr. Just. Jones.

Hill and Berry were not at the Plow, Where did you first hear them speak of it?

Mr. Praunce.

Girald and I have been at Berry's house divers times.

Mr. Justice Dolben.

But there were two meetings at the Plow, were there not?

Mr. Praunce.

Yes, Yes, there were.

Mr. Justice Dolben.

And Hill was at the last meeting, was he not?

Mr. Praunce.

Yes, he was, my Lord.

Mr. Att. G.

Now I would ask you this Question, by the fa­vour of the Court, Was there any Reward proposed by these Priests for the doing of it?

Mr. Praunce.

Girald and Vernatt did speak of a great Reward that was to be given for it.

Mr. Att. G.

Pray, how much?

Mr. Praunce.

I do not remember what.

Mr. Att. G.

Cannot you tell how much?

Mr. Praunce.

There was to be a good Reward from my Lord Bellasis, as they said.

Mr. Justice Dolben.

You had several meetings you say, Did you there resolve what should be the way of doing it?

Mr. Praunce.

Girald was resolved to kill him that Night; and if he could not get him into a more convenient Place, he would kill him with his own Sword in the Street that leads to his own house.

Mr. Record.
[Page 23]

Who was that, that resolved so?

Mr. Praunce.

It was Girald.

Mr. Record.

The Priest rather then fail was resolved to do that act of Charity himself.

Mr. Att. G.

I would now ask you a Question, which though it does not prove the persons Guilty, yet gives a great strength to the Evidence. Do you know Mr. Bedlow, Mr. Praunce?

Mr. Praunce.

I do now know him.

Mr. Att. G.

Had you ever any Conference with him before you was committed to Prison?

Mr. Praunce.

Never in all my life.

Mr. Att. G.

Were you ever in his Company in your life be­fore, that you know of?

Mr. Praunce.

No, not that I remember.

Mr. Att. G.

Well, you shall see how far he will agree with you.

Mr. Record.

Now they may ask him any Questions, if they please, for we have done with him.

L. C. J.

Let them if they will.

Hill.

My Lord, In the first place I humbly pray that Mr. Praunce's Evidence may not stand good against me, as being perjured by his own Confession.

L. C. J.

How?

Hill.

I suppose my Lord, it is not unknown to you that he made such an open Confession before the King.

L. C. J.

Look you Sir, I will tell you for that, I do not know that ever he made a Confession to contradict what he had said upon his Oath.

Hill.

He was upon his Oath before.

L. C. J.

Yes, he had accused you upon Oath, but afterwards, you say he confessed that it was not true; but that Confession that it was not true, was not upon Oath: How is he then guil­ty of Perjury?

Hill.

My Lord, if a man can swear a thing, and after deny it, he is certainly perjured.

L. C. J.

If a man hath great horrors of Conscience upon him, and is full of fears, and the guilt of such a thing disorders his mind, so as no make him go back from what he had before dis­covered upon Oath, you can't say that man is perjured if▪ he don't forswear it: But I believe no body did believe his de­nyal, [Page 24] because his first discovery was so particular, that every man did think his general denyal did only proceed from the disturbance of his mind. But have you any mind to ask him any Questions?

Mr. Record.

We can prove, that immediately after he retra­cted his recantation.

Mr. Just. Dolben.

Try if you can trap him in any Question.

Hill.

Pray what hour was it, that I went to Sir Edmundbury Godfrey's?

Mr. Praunce.

About 9 or 10 a Clock, I am not certain in the hour.

L. C. J.

No, no, a man cannot be precise to an hour; but prove you what you can.

Hill.

I have a great many Witnesses besides the Justice of my Cause, that I was not out of my house that day.

L. C. J.

You shall be heard for that, but the present matter is, Whether you will ask him any Questions or no?

Hill.

My Lord, 'tis all false that he sayes, and I deny every word of it, and I hope it shall not be good against me.

L. C. J.

Well, Mr. Berry, will you ask him any Questions?

Berry.

Mr. Praunce, who was in my house at that time you speak of?

Mr. Praunce.

There was your Wife there, and several other persons besides.

Berry.

Who were they?

Mr. Praunce.

There were divers people, it is an Ale-house.

Berry.

But who? Can you name any of them?

Mr. Praunce.

There was Girald, and Kelly and I.

L. C. J.

Why, did you not all know Mr. Praunce?

Berry.

My Lord, I knew him as he pass'd up and down in the house

L. C. J.

Why, what an Answer is that? what do you mean by his passing up and down in the house?. Did you never drink with him?

Berry.

Drink with him, my Lord? Yes.

L. C. J.

Yes? Why people don't use to drink as they go along.

Berry.

It was in other Company that came to my house, no acquaintance of mine.

L. C. Just.
[Page 25]

Was not Mr. Praunce known by you all Three? Which of you can deny it? What say you Hill?

Hill.

My Lord, I did know him.

L. C. Just.

What say you Green?

Greene.

Yes, I did know him?

Mr. Att. Gen.

But yet my Lord, we shall prove in the Course of our Evidence, that upon their Examinations, they did deny they ever knew him; But because the Prisoners give us this Occasion, I desire Mr. Praunce may give an Account of one thing. He was Concerned in this very Fact, and there was no other way to get any Proof of it, than by the discovery of one among themselves. He was once of that Religion, or else he had never been Concerned in this thing. And your Lordship will find, that Mr. Praunce, whilc he was of that Religion, and not sure of his Pardon, was under some Disturbances and Fears, which prevailed with him to come before the KING, and deny what he had Sworn. But my Lord, which is very Ob­servable, this Gentleman that had made that denyal before the KING, was so far Convinc'd, that he had done amiss in it, and so troubled that he had done it, that he desired Capt. Richardson (as soon as he Returned back to Prison) to carry him back to the KING again: for he must go back, and make good that Confession which he at first had made▪ For it was every word True. And being for the KING, we desire Capt. Richardson may be Sworn.

Mr. Just. Wild.

Can you tell where Sir Edmondbury Godfrey was dogg'd.

Mr. Praunce.

No my Lord, I cannot.

Mr. Just. Wild.

You say they did tell you, that they Dogg'd him up and down; Did not they tell you from whence they Dogg'd him, when they kill'd him?

Mr. Praunce.

No, they did not.

L. C. Just.

Mr. Richardson, were you by when Mr. Praunce denyed all that he had Confessed?

Capt. Richardson.

My Lord, upon the Sunday Night before the Prorogation of the last Parliament, I Received a Letter from one of the Lords of the Council, to bring up Mr. Praunce before the Lords of the Committee for his Examination. When I brought him thither, I found Mr. Praunce was disturbed, and [Page 26] desired to speak with the KING; and I carried him into the Kings Closet, where he fell down on his Knees, and said, He was Innocent, and they were all Innocent; and that was the Sub­stance of all he said. I then had him up to the Council, where he said the same thing. The Lords asked him, Whether any body had been Tampering with him, he answered no. My Lord, when I came home, I was no sooner got within the Doors, but he begg'd of me (for Gods sake) to go back to the KING, and to acquaint Him, not only that what he had now said, was False; but that all which he had sworn before, was Truth. And if his Majesty would send him a Pardon, he would make a great Discovery. And my Lord, more than that, he said, It was Fear, that made him Recant; and he gave a full satisfaction, that it was only out of an Appre­hension that his Life was not secure, that his Trade would be lost among the Roman Catholicks; and in case he had his Pardon, and were Saved, he should have been in danger of being Murthered by them.

Lord Chief Justice.

Now you have an Account Mr. Hill how he came to Deny, and how soon he Recanted his De­nyal.

Mr. Just. Jones.

You are upon your Oath Mr. Praunce, Is this all true that he hath said?

Mr. Praunce.

Yes, my Lord, it is.

Mr. Recorder.

How hath he behaved himself since that time?

Capt. Richardson.

As soberly as can be, since he had his Par­don.

Mr. Attorney General.

Pray, since that time, have you had any Discourse with him? And how did he Carry him­self?

Capt. Richardson.

Very soberly.

Mr. Attorney General.

Did he express any Abhorrence of the Practice of that Church?

Capt. Richardson.

Yes, my Lord, he did so.

Mr. Attorney General.

I hope it will make all People Abhor and forsake them in time, if these be their Practi­ses. In the next place my Lord, we will call Mr. Bedlow, who, though he was not present at the Murther, yet he [Page 27] saw the Body after it was Dead in Somerset-House, which goes to the Matter as to the Place; and he will give you some Circumstances which will very much Corroborate the Testimony of Mr. Praunce.

Mr. Justice VVild.

What time was it before they carryed him in, after they had kill'd him.

Lord Chief Justice.

Brother, I think they say, between eight and nine they Decoy'd him down through the Water-gate. VVas it not so?

Mr. Praunce.

Yes, my Lord.

Mr. Justice VVild.

How long had they kill'd him before they carryed him into the Room?

Mr. Praunce.

About a quarter of an Hour.

Mr. Justice VVild.

Had he his Sword about him?

Mr. Praunce.

Yes, it was found run through him.

Mr. Justice VVild.

Did Sir Edmondbury Godfrey himself draw his Sword?

Mr. Praunce.

No, he was Strnngled by Surprize, by get­ting a thing about his Neck, and prevented him of draw­ing his Sword.

Lord Chief Justice.

They were Persons that were ready prepared for him, they would not Permit him to Defend himself.

Mr. Serjeant Stringer.

My Lord, before Mr. Bedlow be Sworn, I desire a little to open what we call him to. My Lord, there were four Priests that did design this Murther. Le Faire, and VVelsh, and Girald and Kelly, be­sides the other Priests; and they Treated with Mr. Bedlow for Four Thousand Pounds to undertake to Kill a Gentle­man. My Lord, he did Promise to undertake it, but fai­ling of his Promise, afterwards. Le Faire met him, and told him it was done. And told him, he should have half that Reward to help to carry him off; and withall, carryed him into the Room where the Body was. And he will tell you, that Praunce was in the Room when he saw him; and though he never knew Praunce before, yet when he met with him in the Lobby of the Lords House, he knew him again, and Charged him as the Man that Com­mitted this Fact. And he will Acquaint your Lordship, [Page 28] that Le Faire saw the Body likewise, and gave Mr. Bedlow an Accompt of the Murther, with the same Circumstan­ces that Praunce now Relates it.

Then Mr. Bedlow was Sworn.
Mr. Recorder.

Mr. Bedlow, Pray do you direct your Dis­course to the Jury.

Lord Chief Just.

Mr. Attorney, Pray do you Ask him your Questions, that you may put him in that Method you would have him take, to give his Evidence.

Mr. Attorney Gen.

My Lord, I would first Ask him this Question: What Conference he had with any persons, Priests or Others, about Murdering any body?

Mr. Bedlow.

My Lord and the Jury, I have at other times, and in other places, proved what Familiarity I have had with the Priests and Jesuits; and [...] I have [...] the Court, and Others, about it, yet I have done my Du­ty in endeavouring so to do. My Lord, I have been seve­ral times Treated with, not only about the Plot, but by se­veral Persons about Murdering of a Gentleman. They ne­ver told me who it was that was to be Murdered; but if I would Undertake it, they, that is, Le Faire, and Prichard, and Mr. Kaines, and several other Priests, who discoursed with me about it, would find out some to Assist me, and my Reward should be very Considerable.

Lord Ch. Just.

When was this?

Mr. Bedlow.

It was in October last, about the beginning, or latter end of September.

Lord Ch. Just.

Well Sir, Go on.

Mr. Bedlow.

I did Adhere to them all along, for I had a mind to Discover two Years ago, but was prevented; and I only drill'd them on, to know the Party, that I might prevent them. But they would never Discover the Party.

Mr. Attorney General.

Prithee come to this particular part of the Story.

Mr. Bedlow.
[Page 29]

Afterwards they set me to insinuate my self into the Acquaintance of Sir Edmondbury Godfrey, not telling me they had any design upon him.

Lord Ch. Just.

Who did?

Mr. Bedlow.

Le Fair, and Pritchard, and VVelsh.

Lord Ch. Just.

Girald was not one, was he?

Mr. Bedlow.

No my Lord. But they told me that af­terwards they would have me introduce them into his Ac­quaintance. And I had been, I think, Six or Seven dayes together with Sir Edmondbury Godfrey, at his House, and had got much into his Acquaintance.

Mr. Justice Wild.

By what means did you get into his Acquaintance?

Mr. Bedlow.

Why, I pretended to get Warrants for the Good Behaviour against persons, that there were none such.

Lord Chief Just.

Well, and what then?

Mr. Bedlow.

This was the Week before the Saturday that he was Kill'd; and I was there every day but Sa­turday. On the Friday I went to the Grey-Hound-Ta­vern, and I sent my Boy to see if Sir Edmondbury God­frey were at Home. Sir Edmondbury Godfrey was not at Home then.

Lord Chief Just.

When was that?

Mr. Bedlow.

The very Day before he was Kill'd. If he had been at Home, I would have gone over to him, and would have desired him to come over to them.

Lord Chief Justice.

Were the Priests there?

Mr. Bedlow

Yes, my Lord, there was Pritchard, and Le Faire, and VVelch, and Kaines, and another; five Jesuites: and as I said, I sent my Boy to see if he were at home, and he brought me word he was not; and if he had, I was to have gone to him, to have fetch'd him thi­ther, that they might Insinuate themselves into his Ac­quaintance. And indeed, they had Tongue enough to wheedle themselves into any one Acquaintance. So he not being at home, we came into the City, two of the Jesuites and I.

Mr. Attorn. Gen.

Which two?

Mr. Bedlow.

Le Faire and VVelsh. The next Morning. [Page 30] Le Faire came to my Chamber, and I was not then with­in; but by Accident I met him, about four of the Clock in Lincolnes-Inn-Fields. We went to the Palsgraves Head Ta­vern; where falling into Discourse, he told me there vvas a Gentleman that vvas to be put out of the vvay; that vvas the Phrase he used, he did not really say Murther him; for they don't count it Murther.

Lord Chief Justice.

No, No, they put it into softer Termes.

Mr. Bedlow.

They told me it vvas to be done to Night. I asked vvho it vvas, they said it vvas a very material Man: For he had all the Informations that Mr. Oates. and Dr. Tongue had given in; that several had been imployed in the do­ing of it, that several Attempts had been made, and that they had miss'd several Opportunities, and had not done it till then; but if he should not be taken out of the way, and the Papers taken from him, the business would be so Obstructed, and go near to be Discovered, to that Degree, that they would not be able to bring this De­sign to pass, but must stay till another Age before they should Effect it. I asked him again, who it was, he sayd he would not tell me, but it was a very material Man. I told him, that according to my Promise I would Assist; but in such a Case, I should need a great many Men to be with me, he being so considerable a Person. I asked him then, where the Money was, that was for­merly promised? he told me no worse a Man was En­gaged for it, than my Lord Bellasis, and Mr. Coleman had or­der to pay it.

Mr. Justice Jones.

What was that Reward?

Mr. Bedlow.

Four Thousand pound.

Lord Chief Justice.

Who was it that first named this Gen­tleman to you to be Sir Edmondbury Godfrey?

Mr. Bedlow.

They never named him to me at all.

Lord Chief Justice.

Let us know when you first knew it to be Sir Edmondbury Godfrey.

Mr. Bedlow.

I parted with him then, but came not ac­cording to my Promise. I was to meet him at the Cloy­sters at Somerset-House that night; but I knew their De­sign was to Murder some body, and I would not come. [Page 31] I saw him no more till Monday Night, then I met him in Red-Lyon-Court, where he put up his Cane to his Nose; as who should say, I was to blame in not keeping my Promise. And we went together to the Grey-Hound-Ta­vern in Fleet-street, where he charged me with my breach of Promise. I told him I was taken up by other Company, and unless they would tell me who it was I was to Kill, I would have no hand in it: For I did not know but that it might be my own particular Friend. And I would not murther any private person, unless I knew who it was, and for what Reason. Well, says he, we will tell you more a­non if you meet me to night at Somerset-House, at nine a Clock. I did meet him exactly at that time in the Cloy­sters, where we walk't and talk't a great while. And then he took me into the middle of the Court, and told me, you have don ill, that you did not help in this business; but if you will help to carry him off, you shall have half the Reward. Why said I, Is he Murdered? Yes, said he; May not I see him, sayd I? Yes, you may, sayd he: and so took me by the hand, and led me into the Room through a dark Entry. In the Room were a great many, I can't tell who they all were.

Mr. Attorney Gen.

How many were there?

Mr. Bedlow.

There might stand a great many behind one another. I saw Four or Five.

Mr. Justice Jones.

What kind of Light had they, Mr. Praunce?

Mr. Praunce.

It was a middle-sized Lanthorn.

Mr. Just. Jones.

Was it a small Light, or a great Light?

Mr. Bedlow.

It was a small Light.

Mr. Justice Jones.

Had they no Light, but that Lanthorn?

Mr. Bedlow.

No: And they did not open it till I had had a turn about in the Room.

Lord Chief Justice.

Did they discourse of carrying him a­way then?

Mr. Bedlow.

Yes, they did.

L. Ch. Just.

Did you know him, when he lay Dead there?

Mr. Bedlow.

Yes, your Lordship shall hear how I came to know him. One stept to the Body, and threw off the thing that laid upon him, and I went and Lookt upon him; [Page 32] and he had got about his Neck, such a kind of a fashion'd Cravat as this about my Neck; and I went to try, and could not get my Finger in betwixt. So I saw him, his Bosome was all open, and I knew him presently: For those Jesuits that were there, were not those who had em­ployed me to insinuate my self into his Acquaintance; and so they thought I had not known him. I Asked who it was, they said it was a man that belong'd to a person of Quality. I was mightily struck and daunted, when I knew him: I would sain have perswaded them to have Tyed Weights at his Head and Feet, and Thrown him into the River, and afterwards I would have dragg'd for him, and took him up there. But they did not think that so safe. No (said they) we will put it upon himself, there are none but Friends concerned. I Asked Le Faire, how they would get him out? They said, In a Chair. Then I Ask­ed them, which way they would get him into the Chair, and out of the Gate. They said The Porter was to sit up to let them Out.

Mr. Recorder.

What Porter?

Mr. Bedlow.

The Porter of the House.

Mr. Recorder.

Who, Berry?

Mr. Bedlow.

Yes. As for that Hill, or the Old Man, I do not know that I ever had any particular knowledge of them; but only I looked upon them as ill-designing men, seeing them in the Chappel.

Lord Chief Just.

Did you see ere a one of the Three Priso­ners there at that time?

Mr. Bedlow.

No my Lord: But I have such a Remem­brance of Faces, that I could tell, if I saw them again, any that I did see there, though the Light was but small. They told me They had Strangl'd him; but how, I did not know. When they press'd me to help to carry him out, I then Ex­cused my self, and said, It was too Early to carry him out yet; but about Eleven or Twelve a Clock would be a better time. And I assured them I would come again. Said Le Faire to me, Upon the Sacrament you took on Thursday, you will be at the Carrying Off of this Man at Night. I promised him I would. And he went away, and left me there. I made what speed away I could, for I was very Unsatisfied in my self; [Page 33] having so great a charge upon me, as the Sacrament of the Alter, which after the discovery of the Plot, was Admini­stred to me twice a Week to conceal it, I could not tell how to discover: I went then to Bristol, but very restless and disturbed in my mind; and being perswaded by what God was pleased to put into my mind, calling to remem­brance that some Murders had been already committed, and greater ones were dayly intended, I was at last convinc't, and could not longer forbear discovery. I wrote to the Secretary of it, and went to the Parliament and gave in my information. And one day I met with Mr. Praunce in the Lobby, and knew him, and apprehended him.

Mr. Att. G.

I will ask you one question, Had you any discourse with Mr. Praunce between the time you saw him with the Body, and the day he was apprehended.

Mr. Bedlow,

No, I never saw him to this day, to have any converse with him.

Mr. Justice Wild,

Did not you see Hill that night when you were to have carried him away?

Mr. Bedlow,

No my Lord.

Mr. Justice Wild,

Nor Green, nor Berry?

Mr. Bedlow,

Green I did see about the Court, and Berry I was told was to open the Gate that Monday night. But my Lord, when they found I did not come again, they desisted that night, and kept it off longer, for fear I should come again to stop them.

Mr. Att. G.

He did not refuse to help them, but promised to do it and failed: and they finding that he had failed them, would not let the body lye where it was for fear of discovery, but removed back again.

Mr. Justice Dolben,

What did Praunce say, when you first took notice of him?

Mr. Bedlow,

I understood aftewards that he was taken up­on suspicion, because at that time, his Maid had made a di­scovery, that he was about that time out of his Lodgings. And while he was there in the Constables hands Mr. Oates came by, and he desired to see him; and presently after I came thither, and the Constable asked him, Mr. Praunce, will you see Mr. Bedlow? No, he said, he would not: Then he put his Hat over his eyes that I might not see his face, and kept [Page 34] it so. The press being great, and being desirous to be pri­vate my self, I spoke to the Guard to put all out that had no business there, and they cried out, that all should avoid the Room but Mr. Bedlow and his Friends. And when he was going out with the rest, he lift up his Hat to see his way; and though before I did not mind him, yet I happened at his passing by me to cast my eyes upon his face, and present­ly knew him, and cried, Oh! pray Sir stay, you are one of my friends that must stay here. And I presently charged my Guards to take charge of him. Saith the Constable, he is my Prisoner: Is he so, said I? Then you have a very good Prisoner, and pray look safe to him. And then when I went into the House of Lords, I made out my charge against him.

Mr. Recorder,

Now if the Prisoners have any questions to ask Mr. Bedlow, they may have free liberty to do it.

Hill,

I never saw him before in my life.

L. C. J.

Do you know any of them?

Mr. Bedlow,

I know Mr. Berry, and Green very well.

L. C. J.

Pray Mr. Praunce, was the Dark-Lanthorn at Hill's Lodging, or at the other place?

Mr. Praunce,

At the other place.

L. C. J.

Look you here Mr. Praunce, They carried him to Hill's on Saturday night, and he lay there till Monday night: What time on Monday-night was it that they removed him in­to Somerset-house?

Mr. Praunce,

I was not there when they did remove him.

L. C. J.

What time did you see him there?

Mr. Praunce,

About Nine or Ten a Clock.

L. C. J.

What time was it that you saw him there Mr. Bed­low?

Mr. Bedlow,

It was after Nine my Lord.

Mr. Praunce,

They had then removed him to Somerset-house, and Mr. Hill asked what they intended to do with the Body? They said, they would carry it out that night, but they did not. But there the Dark-Lanthorn was, and on Tuesday-night they removed him back again.

Mr. Att. G.

Now my Lord, if you please, we shall go on to call some Witnesses that were not present at the Murder; for direct Evidence, as to that, can come only out of the [Page 35] mouth of some that were concerned in it; but to corrobo­rate by concurrent circumstances, the Testimony which hath been already given. And first we shall call the Constable, to prove that he found Sir Edmondbury Godfrey in the Fields, in the same manner in which Mr. Praunce says they told him they left him.

L. C. J

Mr. Attorney, you promised you would prove, that when these persons were examined, they did deny be­fore the House of Lords, that they knew Praunce.

Mr. Att. G.

My Lord, in that we were mistaken, I un­derstand now, it was only Berry denied that he did know Gi­rald.

L. C. J.

Why, did you never know Mr. Gerald?

Berry,

Never in my life.

L. C. J.

Mr. Praunce, have not you seen Girald with Berry?

Mr. Praunce,

Yes, I have, but they usually went by seve­ral Names.

L. C. J.

Did you ever see Girald in Hill's company?

Mr. Praunce,

Yes, that I have.

L. C. J.

Was there no Sentinel set that Monday-night, that Saturday-night, and that Wednesday-night?

Mr. Praunce,

My Lord, I am not certain, I took notice of none; if there were any, they were at Berry's House, and he opened the Gate, when we came out with the Sedan.

Mr. Att. G.

Mr. Berry, I suppose, could take order with the Sentinel, and give them some entertainment in his own Lodg.

Then Mr. Brown the Constable was Sworn.
Mr. Recorder,

Pray, in what posture did you find SirEd­mundbury Godfrey?

Mr. Brown,

I found him, my Lord, in a Ditch, with his Sword through him, and the end of it was two handfulls out of his back.

L. C. J.

Was he Bloody?

Mr. Brown,

There was no Blood at all, there was no Blood in the Ditch.

L. C. J.
[Page 36]

Was the Sword sticking in his Body?

Mr. Brown,

Yes, My Lord, but there was no Blood at all when it was taken out; they had run it into another place, but that happened to be against a Rib, and so it could not go through; but there was no blood there.

Mr. Justice Jones,

Was there any bruises on his Breast?

Mr. Brown,

He did look black about the Breast.

Mr. Att. G.

My Lord, I would ask, whether his Neck were broken?

Mr. Brown,

Yes, I suppose it was.

L. C. J.

How do you know it?

Mr. Brown,

It was very weak, and one might turn his Head from one Shoulder to the other.

L. C. J.

Where was his Stick and Gloves?

Mr. Brown,

They were on the Bank-side.

L. C. J.

Whose Sword was it?

Mr. Brown,

His Servants said it was his own.

Mr. Att. G.

Pray, had he any Money in his Pocket?

Mr. Brown,

Yes, a great deal of Gold and Silver.

L. C. J.

Ay, Ay, for they count Theft Sin, but not Mur­der.

Mr. Justice Wild,

They left that, to let men think he murdered himself.

L. C. J.

Well, will you ask this Witness any questions before he goes?

Capt. Richardson,

They say they will ask him none.

Mr. Att. G.

Then we desire to call the Chyrurgeons that view'd and opened the Body, Mr. Skillard, and Mr. Cambridge; both whom were Sworn.

Mr. Att. G.

We begin with Mr. Skillard, Pray, Sir, inform my Lord and the Jury, Did you see the Body of Sir Edmond­bury Godfrey?

Mr. Skillard,

Yes, I did view the Body.

Mr. Att. G.

When? what time did you see it?

Mr. Skillard,

About Twelve of the Clock.

Mr. Att. G.

What day of the Week was it?

Mr. Skillard,

On Friday, the next day after he was found.

Mr. Att G.

Did you observe his Breast? how was it?

Mr. Skillard.
[Page 37]

His breast was all beaten with some obtuse weapon, either with the feet or hands, or something.

Mr. Att. G.

Did you observe his neck?

Mr. Skillard

Yes, it was distorted.

Mr. Att. G.

How far?

Mr. Skillard.

You might have taken the Chin and have set it upon either Shoulder.

Mr. Att. G.

Did you observe the wound?

Mr. Skillard.

Yes, I did. It went in at one place and stopt at a Rib, the other place it was quite through the Body.

Mr. Att. G.

Do you think he was killed by that wound?

Mr. Skillard.

No, for then there would have been some evacuation of Blood, which there was not. And besides his bosome was open, and he had a Flannel Wastcoat and a Shirt on; and neither those, nor any of his Clothes were pe­netrated.

Mr. Att. G.

But are you sure his neck had been broken?

Mr. Skillard.

Yes, I am sure.

Mr. Att. G.

Because some have been of opinion, that he hanged himself, and his Relations to save his estate run him through; I would desire to ask the Chyrurgeon what he thinks of it.

Mr. Skillard.

There was more done to his neck than an ordinary suffocation; the wound went through his very heart, and there would have appeared some blood, if it had been done quickly after his death.

Mr. Att. G.

Did it appear by the view of the body that he was strangled or hanged?

Mr. Skillard.

He was a lean man, and his muscles if he had died of the wound, would have been turgid: and then again all strangled people never swell, because there is a sudden de­privation of all the spirits, and a hindring of the Circulation of the blood.

Mr. Att. G.

How long do you believe he might be dead before you saw him?

Mr. Skillard.

I believe four or five days. And they might have kept him a week and he never swell'd at all, being a lean man. And when we ript him up, he began for to pu­trify, we made two incisions to give it vent, and the liquor that was in his body did a little smell. The very lean flesh was so [Page 38] near turned into putrefaction, that it stuck to the Instrument when we cut it.

Mr. Recorder.

My Lord here is another Chyrurgeon, Mr. Cambridge; Pray Sir are you sworn.

Mr. Cambridge.

Yes, I am.

Mr. Recorder.

When did you see the body of Sir Edmond­bury Godfrey?

Mr. Cambridge.

Upon friday, the very same day the Gen­tleman did. I found his neck dislocated, and his breast very much beaten and bruised. And I found two punctures under his left Pap, the one went against the Rib, the other quite through the body under the left Pap.

Mr. Att G.

Do you believe that wound was the occasion of his death?

Mr. Cambridge.

No, I believe it was given him after his death.

L. C. J.

And his neck was broke?

Mr. Cambridge.

His neck was dislocated, Sir.

Mr. Att. G.

Why, that is broken. Now my Lord we shall call Sir Edmundbury Godfreys Maid, Elizabeth Curtis. Swear her. Which was done.

Mr. Recorder.

Your Lordship knows that Mr Praunce did say in the beginning, that they had been several times at his House inquiring for him: now we call this person to tell you what she knows about that.

Mr. Att. G.

Elizabeth Curtis, look upon the Prisoners, and tell my Lord and the Jury whether you know any of them or no.

Elizabeth Curtis.

This man that I now hear called Green, my Lord, was at my Masters about a fortnight before he died.

L. C. J.

What to do?

Eliz. Curtis.

I don't know, but he asked for Sir Edmondbury Godfrey.

L. C. J.

What time of the day was it?

Eliz. Curtis,

It was in the morning.

Mr. Att G.

What did he say?

Eliz Curtis,

He asked for Sir Edmondbury Godfrey, and when he came to him, he said, Good morrow, Sir, in English, and afterwards spoke to him in French, I could not under­stand him.

Mr. Recorder,
[Page 39]

I desire she may consider well, and look up­on him.

Eliz. Curtis,

That is the man.

Green.

Upon my Soul I never saw him in all my life.

Eliz. Curtis,

He had a darker coloured Perriwig when he was there, and was about a quarter of an hour talking with my Master.

Mr. Att. G.

Are you sure this was the man?

E. Curtis,

Yes, I am, and that other man Hill was there that Saturday morning, and did speak with him before he went out.

L. C. J.

That you will deny too?

Hill,

Yes, I do.

L. C. J.

How do you know he was there?

E. Curtis,

I was in the Parlor at that time, making up the fire.

L. C. J.

Had you ever seen him before that time?

E. Curtis,

No, never before that time. I went into the Par­lor to carry my Master his Break-fast, and brought a bunch of Keys with me in, and there Hill was with him. And I went up stairs about some business, and came down again wanting the Keys, which I had left upon the Table; and Hill was all that time with my Master.

Mr. Sol. G.

How do you know he was there?

E. Curtis,

I was in the Parlor and stirred up the fire, and he was there a good while.

Mr. Just. Jones,

How long after did you see him again?

E. Curtis,

Not till I saw him in Newgate.

Mr. Just. Jones,

How long was that afterwards?

E. Curtis,

A month ago. But it is not the man that brought the note to my Master.

Mr. Att. G.

What note?

E. Curtis,

A note that a man brought to my Master that night before.

Mr. Att. G.

What is become of that Note?

E. Curtis,

My Lord, I cannot tell, my Master had it.

Mr. Att. G.

Prithee, tell us the story of it.

E. Curtis,

There was a man came to my Masters House, and asked if Sir Edmondbury Godfrey were within. He said he had a Letter for him; and shewed it me, it was tied up in a knot. [Page 40] I told him my Master was within, but busy; but said I, if you please I will carry it into him: he did so, and I gave it to my Master; when I went out again, the man staid and asked for an Answer: I went in again and told my Master that the man re­quired an Answer. Prithee, said he, tell him I don't know what to make of it.

Mr. Just. Wild,

When was that?

E. Curtis,

On Friday night.

Mr. Just. Wild,

When? The Friday night before he was murdered?

E. Curtis,

Yes.

Mr. Att. G.

But you Swear that Hill was there the Saturday morning.

E. Curtis,

Yes, he was.

Mr. Sol. G.

In what Clothes was he then?

E. Curtis,

The same Clothes that he hath now.

Mr. Just. Wild,

Are you sure they are the same Clothes?

E. Curtis,

Yes.

Mr. Sol. G.

Here is a great Circumstance my Lord. I asked her what Clothes he was in when he came to Sir Edmondbury's; and she saith, the same that he hath now.

L. C. J.

Have you ever shifted your Clothes?

Hill,

No indeed, I have not.

E. Curtis,

But for the man that brought the Note, I cannot Swear it is he.

Hill,

But she did say when she came to see me in Newgate, that she never saw me in my life; and my Lord I hope I have sufficient VVitnesses to prove where I was that morn­ing.

L. C. J.

She says, she cannot Swear you were the man that brought the Note.

Hill,

My Lord, I desire she will tell me about what time it was I was there.

E. Curtis,

It was about nine or ten a Clock.

Mr. Att. G.

That agrees with Mr. Praunces exactly in point of time. Now if your Lordship please, we will proceed and call Mr. Lancellot Stringer, and Mr. Vincent.

Mr. Recorder,

My Lord, we do call these Witnesses to prove, that these men had meetings with Mr. Praunce at the Plow.

[Then was Lancelot Stringer sworn.]
Mr. Recorder.

Pray tell my Lord and the Jury whether you know Mr. Prance.

L. Stringer.

Yes, Sir, I do.

Mr. Recorder.

Have you seen him at the Plow at any time?

L. Stringer.

Yes, Sir, I have.

Mr. Recorder.

In what company there? Was Mr. Green there?

L. Stringer.

Yes, he was.

Mr. Recorder.

Which was he? He points to him.

Mr. Recorder.

And who else?

L. Stringer.

There was that Hill.

Mr. Att. Gen.

How often?

L. Stringer.

Several times.

L. C. J.

How long before Sir Edmundbury Godfrey was mur­dered?

L. Stringer.

I cannot tell, my Lord.

L. C. J.

Do you remember any other company was with him?

L. Stringer.

Yes, there were several other company.

Mr. Recorder.

Name them.

L. Stringer.

There was Mr. Fitz-Girald and Mr. Hill.

Mr. Att. Gen.

And yet Hill saith he never saw Girald.

L. Stringer.

And there was Kelly, he was another of them, and Prance.

L. C. J.

Did you know Vernatt?

L. Stringer.

Yes, my Lord.

L. C. J.

How now? What say you to it Mr. Hill, and Mr. Green? Were you never at the Plow, drinking with Mr. Prance?

Hill.

Yes, my Lord, several times.

L. C. J.

What say you, Mr Green?

Green.

I have drank with him there.

L. C. J.

Do you know Girald?

Hill.

I know one Girald?

Mr. Sol. Gen.

Now will your Lordship please to let me prove, that at the Council he owned he knew Girald and Kelly, and now 'tis proved he hath been in Kelly's company, he says he does not know Girald.

Hill.

My Lord, that was a mistake, for I do know Kelly by sight, that is, I knew two Men that used the Chappel very much, and he was one of them.

L. C. J.

But you, Witness, say you have seen Girald and them together?

L. Stringer.
[Page 42]

Yes, I have.

L. C. J.

How many times?

L. Stringer.

I cannot tell how many, my Lord, several times.

L. C. J.

Have you seen them twice together?

L. Stringer.

Yes, I have.

Mr. Recorder.

Now to settle it I would ask him, with your Lordships favour, when he came to live with his Master. You, young Man, when did you come to live with your Master at the Plow?

L. Stringer.

Why, I have been with him two years.

Mr. Rec.

But when was it you came last to live at the Plow?

L. Stringer.

In Bartholomew-tide last.

Mr. Recorder.

It was but five Weeks before Sir Edmondbury Godfrey was Murdered.

L. C. J.

Do you, Green, know Mr. Girald?

Green.

Yes, I do.

Mr. Recorder.

Then pray Swear Mr. Vincent. [Which was done.

Mr. Recorder.

Come, pray Sir, do you live at the Plow?

Vincent.

Yes, Sir, I do.

Mr. Recorder.

Then pray, do you tell my Lord, and the Jury, if you know any of the Prisoners at the Bar, and which of them.

Vincent.

I know Mr. Green.

Mr. Recorder.

Do you know any body else?

Vincent.

Yes, I know Hill, and I know Mr. Berry.

Mr. Rec.

Have you seen these persons at your House?

Vincent.

Yes, I have.

L. C. J.

With whom?

Vincent.

I can't tell every body with whom they were.

L. C. J.

Were they there with Praunce?

Vincent.

Yes, Sir.

L. C. J.

Did you know one Girald?

Vincent.

Yes, Sir.

L. C. J.

Hath he been at your house?

Vincent.

Yes, Sir, he hath.

L. C. J.

Who was with him?

Vincent.

I can't tell justly.

L. C. J.

Did you know Kelly?

Vincent.

Yes, I did.

L. C. J.

Hath he been there?

Vincent.
[Page 43]

Yes, he hath.

L. C. J.

In what Company?

Vincent.

With Praunce.

L. C. J.

And with any of the Prisoners?

Vincent.

Yes, but I can't tell particularly with whom.

Mr. Attor. Gen.

Now, my Lord, as these were meetings before the fact was committed to consult how to do it; so we at the beginning told you of a meeting after it was done, and that was at Bow. We shall therefore call some Witnesses as to that; and they are Richard Cary, and William Evans. First swear Richard Cary. [Which was done.

Mr. Recorder.

Do you remember you were sent of a message from the Queens-Head at Bow, and whether? Pray tell my Lord, and the Jury.

Cary.

I remember it very well; there were three Gentle­men that sent for me to the Queens-Head, and I being sent for did come, and when I came up stairs, they asked me if I knew Poplar, I said I knew it very well. Then they asked me if I knew Mr. Dethick, I told them I thought I did. Then said they, you must carry this Letter to George Dethick, Esq at Poplar, and deliver it to his own hands, and to no body else. Accordingly away I went, and carried the Letter: I went to the door, and asked if he were within; his Man said he was above stairs, but they would call him to me; and calling him to me, Sir, said I, there are some Gentlemen at the Queens-Head at Bow that have sent me with a Letter to you. So he looked upon the Letter, and, saith he, go and tell them I will be with them presently. So, may it please you, my Lord, I came again, and when I came, the Gentlemen were there still. Well, said they, go and drink a Glass of Claret, which stood upon the Table, and they gave me Six-pence, and I went away.

Mr. Recorder.

Pray look upon Mr. Praunce, can you re­member whether that man was there?

Cary.

There were three of them, and he looks like one.

Mr. Recorder.

Mr. Praunce, do you remember this was the man you sent?

Mr. Praunce.

Yes, my Lord, this was the same man that was sent.

L. C. J.

Well, call the other.

[Then William Evans, the Boy of the House at the Queens-Head, was sworn]
Mr. Recorder.

Hark you, do you remember any Com­pany that was at your Masters house two or three Months agon?

W. Evans.

Yes, I do.

Mr. Recorder.

Do you remember that you heard them talk any thing there?

W. Evans.

They pull'd out a Paper and read it.

L. C. J.

You Boy, do you know Mr. Dethick?

W. Evans.

Yes, I do.

L. C. J.

Was he there?

W. Evans.

He did come to them, my Lord.

Mr. Recorder.

What had they to Dinner there?

W. Evans.

They had Flounders.

Mr. Recorder.

Who bought them?

W. Evans.

One of them, I can't tell who.

Mr. Recorder.

What had they else?

W. Evans.

A Barrel of Oysters.

Mr. Recorder.

Pray give my Lord an accompt what you observed and heard.

W. Evans.

Sir, I know nothing but that they pull'd out a Paper, and read it, and named Sir Edmondbury Godfrey's Name. And while I was at the door, some body came and threatned to kick me down stairs.

L. C. J.

He saith just as Mr. Praunce said in every par­ticular.

Mr. Attor. Gen.

Now if it please your Lordship, we desire to call Sir Robert Southwell, to prove what Mr. Praunce said be­fore the Council, and how particular he was; and did to some of the Lords, who were sent with him to Somerset-House, point out the places.

Mr. Sol. Gen.

We call him to shew, that when Praunce was examined before the King, he was sent with some of the Lords, and Sir Robert Southwell, to Somerset-House, where he pointed with his Finger, and shewed the places where all was done, and so we shall shew your Lordship and the Jury, how exact he was in every thing.

Then Sir Robert Southwell was sworn.
Mr. Recorder.

Pray Sir Robert, will you tell your know­ledge?

Sir Robert Southwell.

My Lord, I was upon the twenty fourth of December waiting upon his Majesty in Council, and Mr. Praunce was sent for, to speak his knowledge concerning this Murder, and he then gave a general Account of things, which, because it did relate to that Bench, and this Corner, and that Room, and that Passage, and that Gallery, it was not understood by the Board, and thereupon his Majesty thought fit to appoint my Lord Duke of Monmouth, and the Earl of Ossory, and Mr. Vice-Chamberlain to the Queen, to go thither, and take the Examination upon the place, and Re­port it to the Board: And I, being Clerk of of the Council, though not in waiting at that time, and having taken notice of what Mr. Praunce had there deposed, I did wait upon those Lords, and took the Examination upon the Place. And what I did take upon the place, This was done here, and that there, I drew up into a Report, and the Report is Sign­ed by those two Noble Lords, and was read that Afternoon at the Board; and to that I referr my self.

Mr. Attorn. Gen.

Pray Sir Robert, Did he shew the particu­lar places to those Lords?

Sir Robert Southwell.

Yes, he did. First, the Bench whereon they were sitting when Sir Edmondbury Godfrey was coming down; then the Corner into which they drew him when they had strangled him; then the place where one Berry went to stay, which was at the Stairs that lead to the Upper Court, then a little door at the end of the Stables, which lead up a pair of Stairs, and at the head of the Stairs a long dark Entry, and at the top of those Staires, a door on the left hand, which being opened, shew'd us eight steps, which lead up to the Lodgings that were Dr. Godwins: In which Hill was said to be inhabitant for seven years before. And [Page 46] assoon as we were gone two steps, there was a little Closet or Cabinet on the right hand, in which there was a Bed, and there he shewed my Lords, This is the place where we handed him up first, and here we left him, said he, in the care of Hill for two nights.

Mr. Justice Wild.

You were there, Sir Robert Southwell upon the place, when he shew'd them these things?

Sir Robert Southwell.

Yes Sir, I was there.

Mr. Justice Wild.

Was it answerable to what he had declared to the King and Council?

Sir Robert Southwell.

Yes, it was answerable to all things he had said in the morning.

Mr. Justice Jones.

And suitable to what he says now?

Sir Robert Southwell.

Yes, suitable to what he sayes now, but only now he sayes more than he said then. And as to what he sayes about the Chambers of Sir John Arundell, they could not be Sir John's Lodgings, for they were not capable of receiving a Person of that Quality.

Mr. Praunce.

I said, I did believe they did belong to Sir John Arundell.

L. Chief Just.

They were Lodgings perhaps that belong'd to his Servants, though not to him.

Mr. Attorn. Gen.

Sir Robert, I desire to know, whether Mr. Praunce, when he shew'd these places, and made these De­scriptions, did he do it with any hesitancy, or did he do it readily?

Sir Robert Southwell.

Hitherto, my Lord, he went directly and positively, as if any body should walk to Westminster-Hall door. But afterwards, when the Lords did desire to know whither the Body was carried, he said, it was into some Room of the house by the Garden; for this is an Outer part of the House, which any body may do any thing in, without their knowledge that are within. And he undertook to lead them [Page 47] to the place as well as he could; and so away we went through the long dark Entry that leads into the Outer Court of the Great House; and crossing the Quadrangle, he leads us to the Piazza, and down a pair of Stairs, and so far, said he, I am sure I went; then, assoon as we were down the Stairs, there is a great Square Court, then he began to stag­ger, as if he did not know his way, but there was no way but to go on hovvever, and on vve vvent, and coming cross the Court, vve came into several Rooms, and going through them, vve came up Stairs again, and so into several other Rooms again. Sure, said he, vve vvere here, but I can't tell, and he vvas in a great Distraction vvhat Room he savv the Body in; but, said he, thus far, I am certain I am right; vvhich vvas according to the Paper, and I refer my self to that.

Mr. Justice Wild.

But, you say, that what he had said to the Lords in the Council, was the same that he said when you were by upon the place.

Sir Robert Southwell.

Yes.

L. Chief. Just.

His doubtfulness of the Room does assert, and give Credit to his Testimony, and Confirms it to any honest man in England. Here, saith he, I will not be posi­tive, but having sworn the other things which he well remem­bred, positively, he is made the more Credible for his doubt­fulness of a thing which he does not remember, which a man that could swear any thing would not stick at.

Mr. Justice Jones.

Besides, he was not there but by night, and all the Light he had was a dark Lanthorn.

Mr. Sol. Gen.

Now, Sir Robert, I would ask you one Que­stion, if you please, Do you remember that Hill was Examined at the Council about this matter?

Sir Robert Southwell.

My Lord these are the Notes that I took upon these Mens Examinations, if your Lordship pleases they may be read.

Mr. Recorder.
[Page 48]

Sir Robert, We ask you but as to one parti­cular thing, therefore if you please to look upon it, and re­fresh your Memory, you may read it to your self, and tell us only the substance; which he did.

Mr. Sol. Gen.

Now Sir, if you please, Do you remember that Hill was there?

Sir. Rob. Southwell.

Yes, I find he was Examined.

Mr. Soll. Gen.

Did not he deny there that he knew Kelly, but that he knew Girald?

Sir Rob. Southwell.

Yes, I do find it here set down that he did deny he knew Kelly, but that he knew Girald.

Hill.

I said I knew one Girald, but not that.

Mr. Record.

But before the Council he said he knew Girald, not one Girald.

L. Chief Just.

This way of Answering is like the Examina­tion that was taken lately amongst some of them. A Per­son was asked when he saw such a Priest? He denied that he had seen him in fourteen dayes. But then comes one and proves to his face, that he was with him in Company all Night, within a Week and Iess. I, sayes he, that's true, but I said I had not seen him in Fourteen Dayes. And so they may take Oaths to serve the King faithfully all the Dayes of their Lives, but in the Nights they may murther him, and keep their Oaths for all that.

Mr Just. Dolben.

I would know, whether the Girald you know be a Priest or no?

Hill.

He is not.

Mr. Justice Dolben.

Then you do not know Girald the Priest?

Hill.

No, I do not.

Mr. Recorder.

Call Mr. Thomas Stringer. And he was sworn.

Mr. Recorder.

Pray Mr. Stringer, will you tell my Lord and the Jury what it was that Mr. Berry said about any directi­ons he had to keep all Persons out of Somerset-House, about the twelfth or fourteenth of October last?

Mr. T. Stringer.
[Page 49]

My Lord, upon his Examination before the Lords of the Committee, Berry did say he had Orders from the Queen, or in the Name of the Queen, That he should suffer no Strangers, nor any Persons of Quality to come into Somerset-House.

Mr. Att. Gen.

When was it he was to keep them out?

Mr. T. Stringer.

The 12th 13th and 14th of October.

Mr. Att. Gen.

What, three days?

Mr. T. Stringer.

Two or three days. And he said that the Prince did come, and he did refuse him, and sent him back a­gain.

Mr. Record.

Did he say he ever had any such Directions be­fore?

Mr. T. Stringer.

No: he said he never before had any.

L. Ch. Just.

It was a very unlucky thing that he had it then.

Berry.

The Prince might have gone in if he would.

Mr. T. Stringer.

You said you did refuse him, you had order to let none come in.

L. Ch. Just.

Had you any such Order?

Berry.

Yes, my Lord, I had such an Order from the Queen's Gentleman-Usher.

L. Ch. Just.

Had you never had such before?

Berry.

Yes, I have had before, since the Queen came to So­merset-House.

L. Ch. Just.

Mr. Stringer swears you said you had not any before.

Berry.

Yes, I had.

L. Ch. Just.

Why did you deny it then?

Berry.

I did not deny it; besides, there were several went in.

Mr. Record.

We have proved indeed, five or six did go in.

L. Ch. Just.

For how many days had you that Order?

Berry.

Two days.

L. Ch. Just.

Which two days?

Berry.

The eleventh and twelfth, I think thereabouts.

Mr. Record.

Did you say before the Lords, that you never had such Orders before?

Berry.

No, I did not.

L. Ch. Just.

Mr. Berry, When you were examined before the Lords, Did you not say you never had such Orders before?

Berry.

No, I did not say so, my Lord, as I know of; for they did not examine me about that.

L. Ch. Just.
[Page 50]

You said you would prove it under his own Hand. Prove that.

Mr. Att. Gen.

Mr. Stringer, Did he write his Name to his Ex­amination?

Mr. T. Stringer.

Yes, he did to one Examination.

Mr. Att. Gen.

Pray look upon that, Is that his Hand?

Mr. T. Stringer.

This was read to him before he Signed it, and then he did Sign it.

Mr. Att. Gen.

I would sain shew it to him, to see whether he Would own it or no.

Berry.

Yes, that is my Hand.

Then the Clerke of the Crown read it.
Cler. of th' Cr.

This is subscribed by Henry Berry. The In­formation of Henry Berry, Porter at the Gate of Somerset-House; taken before the Right Honourable the Marquess of Winchester. This Deponent saith, That about the 12th, 13th, and 14th of Octo­ber last, he had Order to tell all Persons of Quality, that the Queen was private, and that they were not to come in; and this Deponent saith, The Queen continued so private for two days.

L. Ch. Just.

Where is that part of the Examination wherein he said, he never had any such Order before?

Mr. T. Sringer.

He did say so, but it is not in that that hath his Hand to it.

Mr. Just. Wild.

Pray, my Lord, observe this is a kind of re­flecting Evidence, and I Would have no more made of it than the thing will bear.

L. Ch. Just.

They only bring it, and make use of it against Berry, as a pretence of his.

M. Just. Wild.

But it is a very reflecting Evidence.

Mr. Att. Gen.

Surely there is no body here that offers it as such: We use it only to this purpose, to shew that Berry, who was a Party to this Murder, did use all the means that he could to keep it private; and [...]ndeavoured to prevent Strangers coming in that Night to discover it, and therefore pretended these Orders.

If he had any such Orders, I suppose he will prove them, we do not say he had them; but 'tis a great Evidence, when he pretended to such privacie, that he and his Fellows had something to do that was not fit to be known by every body.

Mr. Record.
[Page 51]

He may make use of any body's Name, and pretend what he will; but I suppose he will prove it from the Gentleman-Usher, if it be true.

Mr. Att. Gen.

We have one Witness more to call, my Lord, and that is one Farr. Call Stephen Farr.

Which was done, and he sworn.

Mr. Att. Gen.

He is a Neighbour to Berry, and will give your Lordship an Account what Applications have been made to him, to tamper with him for Money, to keep away, and not give Evidence in this Cause. Pray Sir, are you Mr. Berry's Neighbour?

Farr.

Yes Sir, I am.

Mr. Att Gen.

Pray then tell what you know.

Farr.

I know him very well, his Wife hath been with me last Week, and asked me if I knew what time he was with me on Wednesday, the 16th of October. I desired time to recollect my self: And she called four or five times after, and I did recollect my Memory and told her, That I was not with him at all that Wednesday.

L. Ch. Just.

Why, this was reasonable, and fair enough to do.

Mr. Att. Gen.

It was so, my Lord, but pray had you no Money offered you?

Farr.

No Sir, none at all; and I told her I could not re­member that I was with him that day.

Berry.

But you may remember it very well, when I came from the Queen, I came to you.

Farr.

My Lord, I was out of Town that Wednes­day, from two a Clock in the Afternoon, till nine at Night.

L. Ch. Just.

Well, well, this is nothing: The Woman was willing if she could, to have counterproved the Evidence, and what she did was fair; she offered no Money, nor did it in an indirect way.

Mr. Att Gen.

My Lord, We have now done with our Evidence for the King, and leave it till we hear what they say.

L. Ch. Just.

What do you say for your selves, you shall have all the free liberty you will desire?

Hill.

In the first place, I take God to be my Witness, that [Page 52] I am wholly innocent, as to the Matter that is charged upon me: And as to what is said, that I dogg'd Sir Edmund-Bury Godfrey; I can prove that I went into my Lodging at eight a clock, and did not stir out.

L. Ch. Just.

Come, call your Witnesses.

Hill.

Mary Tilden, Katherine Lee, Mrs. Broadstreet, and Daniel Gray.

L. Ch. Just.

Let them come in there.

Then Mary Tilden was first examined.
Mr. Att. Gen

This is Doctor Godwin's Niece, and his House-keeper.

L Ch. Just.

Well, what do you ask her?

Hill.

I desire to know what you can say about my being in my Lodging, and not going out.

Mary Tilden.

He hath lived in our Family seven or eight Years.

L Ch. Just.

Your Family, What is your Family?

Mary Tilden

With my Uncle?

L Ch. Just.

Who is Your Uncle.

Mary Tilden.

Doctor Godwin; we left him in the House al­ways when we were absent from it, he was always a trusty Servant, never kept ill hours, always came home by eight a Clock at Night.

Mr. Just. Dolben.

Always, For how long?

Mary Tilden.

Ever since we came over last into England.

Mr. Just Dolben.

When was that?

Mary Tilden.

In April last.

L. Ch. Just.

Were you there that Night Sir Edmund-Bury Godfrey was kill'd?

Mary Tilden.

I was.

L. Ch. Just.

VVhat Night was that?

Mary Tilden.

I don't know, my Lord, I heard of it in the Town.

L. Ch. Just.

VVhen did you first hear of it?

Mary Tilden

The Thursday that he was found.

L. Ch. Just.

Did you not hear of it on the Wednesday?

Mary Tilden

Yes, I did.

L. Ch. Just.

VVho could tell you the Wednesday before?

Mary Tilden.
[Page 53]

Why, my Lord, in the Town it was said he was missing from Saturday, and a Thursday he was found.

L. C. J.

What can you say concerning Hill, that he was not out after eight a clock that night?

Mary Tilden.

He was a very good Servant to my Unkle, and never kept ill hours, but always came in by eight a clock or before.

Mr. Justice Dolben.

Were not you out your self that night?

Mary Tilden.

No not I, never out after that hour.

L. C. J.

Pray how can you give such an accompt of Mr. Hill, as if he was always in your company?

Mary Tilden.

He came in to wait at Table, and did not stir out afterwards.

L. C. J.

Pray what Religion are you of? are you a Papist?

Mary, Tilden.

I know not whether I come here to make a profession of my Faith.

L. C. J.

Are you a Roman Catholick?

Mary Tilden.

Yes.

L. C. J.

Have you a dispensation to eat Suppers on Satur­day-nights?

Mr. Recorder.

I hope you did not keep him company after Supper all night.

Mary Tilden.

No I did not, but he came in to wait at Table at Supper.

L. C. J.

I thought you had kept fasting on Saturday-nights.

Mary Tilden.

No, my Lord, not on Saturday-nights.

Mr. Justice Jones.

How many Dishes of Meat had you to Supper?

Mary Tilden.

We had no Meat, though we did not fast.

L. C. J.

Can you speak positively as to this night, the Sa­turday that he was kill'd?

Mary Tilden.

He was at home that night.

L. C. J.

And where was he the Sunday?

Mary Tilden.

He was at home.

L. C. J.

And you are sure he was at home every night?

Mary Tilden.

Yes, while we were in Town.

L. C. J.

Where was you all that Wednesday-night you speak of?

Mary Tilden.

I was at home in my Lodging.

Mr. Justice Wild.
[Page 54]

How is it possible for you to say, that Hill, who was not your constant Companion, did not go out afterwards?

Mary Tilden.

No, he was not my constant Companion.

Mr. Justice Wild.

How then can you charge your Memo­ry that he was at home?

L. C. J.

Come, you are to speak truth, though you are not upon your Oath. Can you charge your memory to say, that he came in constantly at eight a clock at night?

Mary Tilden.

Yes, I can, because I saw him come in constant­ly; and when he came in, I always sent my Maid to bar the door.

L. C. J.

Maid, can you say that he was always at home at night?

Mary Tilden.

I can say he never was abroad after eight at night.

Mr. Recorder.

Why you did not watch him till he went to bed, did you?

Mary Tilden.

We were always up till eleven a clock at night.

Mr. Att. G.

Was he in your company all that while?

Mary Tilden.

I beg your pardon; if your Lordship saw the Lodgings, you would say it were impossible for any to go in or out, but that they must know it within. We were constant in our hours of going to Supper; our doors were never opened after he came in to wait at Supper.

L. C. J.

You may say any thing to a Heretick for a Papist.

Mr. Justice. Dolben.

This is a mighty improbable business.

Mr. Justice. Wild.

Where was he a Wednesday-night?

Mary Tilden.

At home.

L. C. J.

They have a general Answer for all Questions.

Mr. Justice Jones.

Who kept the Key of your Lodgings?

Mary Tilden.

The Maid.

Mr. Justice Jones.

Hath Hill never kept the Key?

Mary Tilden.

No, my Lord, the Maid.

Mr. Justice Jones.

How do you know but that the Maid might let him out?

Mr. Praunce.

My Lord, Mrs. Broadstreet said at first there was but one Key; but before the Duke of Monmouth she said there was six or seven Keys.

L. C. J.

Look you what tricks you put upon us to blind [Page 55] us. You come and tell us that he was every night at home by eight a clock, and did not stir out, for there was but one Lock, and the Maid kept the Key; and yet there were three or four Keys to it.

Mary Tilden.

There was but one Key to that which kept the door fast.

L. C. J.

Praunce, how many Keys were there?

Mr. Praunce.

She confessed there were four or five.

Mr. Justice Wild.

What time was it that you carried him out of Somerset-House on Wednesday-night?

Mr. Prance.

It was about ten or eleven of the clock. Hill went to fetch the horse.

Mary Tilden.

We had never been out of our Lodgings after eight a Clock, since we came to Town.

Mr. Justice Jones.

When were you out of Town?

Mary Tilden.

In October.

Mr. Justice Dolben.

Nay, now, Mistris, you have spoil'd all; for in October this business was done.

Mr. Justice Jones.

You have undone the man, instead of saving him.

Mary Tilden.

Why, my Lord; I only mistook the Month.

L. C. J.

You Woman (speaking to Mrs Broadstreet what Month was it you were out of Town?

Broadstreet.

In September.

L. C. J.

'Tis apparent you consider not what you say, or you come hither to say any thing will serve the turn.

Mary Tilden.

No, I do not, for I was out of Town in Sep­tember, came to Town the latter end of September.

L. C. J.

You must remember what you said, that you came to England in April last, and from that time he was always within at eight a clock at night.

Mary Tilden.

Except that time that we were out of Town, which was in September the Summer-time. And it is impossi­ble but if the Body was in the House, as Praunce said it was, but I must see him, or some of us must. I used to go every day in­to that little Room for something or other, and I must needs see him if he were there.

L. C. J.

You told me just now you were not upon Con­fession; and I tell you now so, you are not. Then Mrs. Broad­street was examined.

Mr. Justice Jones.
[Page 56]

Well, Woman, what say you?

Broadstreet.

We came to Town upon a Monday, Michael­mas-day was the Sunday following; and from that time nei­ther he nor the Maid used to be abroad after eight a clock: we kept very good hours, and he always waited at Supper, and never went abroad after he came in to wait at Supper: and the Lodging was so little, that nothing could be brought in, but they must know that were within.

L. C. J.

This is a lower Room than the Chamber, is it not?

Mr. Praunce.

'Tis even with the Dining-Room, my Lord.

L. C. J.

What say you, Sir Robert Southwell?

Sir Ro. Southwell.

My Lord, it is an extraordinary little place; as soon as you get up eight steps, there is a little square Entry, and there is this Room on the one hand, and the Di­ning-Room on the other. I think there is a pair of staires to go down at one corner of the Entry, as I think, but the Bo­dy was laid in a little square Room at the head of the steps.

L. C. J.

And must you go into the Room to go to the Di­ning-Room?

Broadstreet.

No, 'tis a distinct Room; but the Key was al­ways in the door, and every day some body went into it for something or another.

L. C. J.

Will you undertake to say it was always in the door?

Broadstreet.

Yes, it constantly was.

Mr. Justice Wild.

For my own part I will not judge you: but that his Body should be carried there about nine a clock at night a Saturday-night, and remain there till Monday-night, 'tis very suspitious, that if you were in the House, as you say you were, and used to go into that Room every day, you must either hear it brought in, or see it.

Broadstreet.

But we did neither, my Lord.

Mr. Justice Dolben.

It is well you are not Indicted.

Broadstreet. Mr. Praunce,

you know all these things to be false, Mr Praunce.

Mr. Praunce.

I lay nothing to your charge; but you said before the Duke of Monmouth, that Hill was gone from his Lodgings before that time.

L. C. J.

What say you, Sir Rob. Southwell?

Sr. Rob. South.
[Page 57]

There arose a little quarrel be­tween them about the time that Mr. Hill did leave those Lodgings. Prance said it was a Fortnight after; Hill said when he was upon his Examination, that the same Saturday that Sr. Edmondbury was missing, he was treating with his Landlord, and from that time, to the time he went to his new House, it was about a Week or a Fortnight.

L. Ch. Just.

But he did pretend he was gone before?

Broadstreet.

No my Lord, I did not.

L. Ch. Just.

To Witnesses upon Oath Sware it, and you said it your self, and gave it under your Hand.

Broadstreet.

My Lord?—

L. Ch. Just.

Nay you will not hear, but you will talk, you say one thing now, and you set another under your Hand.

Mr. Att. G.

Have you not a Brother that is in the Pro­clamation, one Broadstreet a Priest?

Broadstreet.

I have a Brother whose name is Broadstreet.

Mr. Att. G.

Is he not a Priest, and in the Proclama­tion?

Broadstreet.

I hope, I must not Impeach my Brother here I said upon my Oath he came to Town a Monday, and Michaelmas day was the Sunday following, and Lawrence Hill went away a Fortnight after.

Sr. Rob. South.

She Swore then two or three Days after Michaelmas Day.

L. Ch. Just.

You must know we can understand you through all your Arts. It was not convenient for you at that time to say, that Mr. Hill went away about a Fort­night after Michaelmas, for then the thing that was char­ged to be done part of it in your House, would have been within the Fortnight, for it was the 12th of October, but then you said only two or three Days.

Sr. Rob. South.

She did say my Lord, that about Mi­clemas two or three or four Days after he went away:

Broadstreet.

I begg your pardon, I only said I could not tell the time exactly.

L. Ch. Just.
[Page 58]

Well have you any more to say.

Mary Tilden.

There was never a Day but I went into that Room for something or other, and if any body came to see me, there was so little space that the Footmen were always forced to be in that Room.

Mr. Just. Dolben.

Were you there upon Sunday?

Mary Tilden.

Yes, my Lord, I was.

Mr. Just. Dolb.

Well I will say no more, call another Witness.

Hill.

Katharine Lee.

L. Ch. Just.

What can you say, Maid?

Lee.

My Lord, I did never miss him out of the House at those Hours.

L. Ch. Just.

May be you did not look for him.

Lee.

I did go down every Night to the Door to see if it were lockt, and I went into the Parlor to see that things were safe there.

L. Ch. Just.

You are a Roman Catholick, are you not?

Lee.

Yes, I am.

Mr. Just. Dolben.

Might not he go out of the House, and you never the wiser?

Lee.

Yes, for I did not watch him continually.

Capt. Richardson.

All that she says may be true by the Place. The Servants keep down a paire of Stayres in the Kitchin, and any one may come in or go out having so many Keys, and they not know it that are below.

Lee.

I went into the Chamber every morning as I went to Market.

Mr. Just. Wild.

Have a care what you say, and mind the Question I ask you, Were you there on the Sunday in that Room where they say Sr. Edmondbury Godfrey's Body was laid?

Lee.

I cannot say that I was in that Room, but I cal­led in at the Door every Day, and I was the last up eve­ry Night.

Mr. Just. Wild.

Ile say that for thee, thou hast spoke with more care then any of them all.

Then Daniel Gray was Examined
L. Ch. Just
[Page 59]

What can you say? What Questions do you ask him?

Hill.

I desire him to speak what he can say, where I was those 5 Days that Sr. Edmondbury Godfrey was missing.

Gray.

I kept my Brother Hill Company, from the 8th of October, till he took his House, which was about the 22 or 23.

L. Ch. Just.

What time did you use to go to Bed?

Gray.

About 9 or 10 a Clock at Night.

L. Ch. Just.

What time did he go?

Gray.

When I did, but I did not see him go to Bed.

L. Ch. Just.

Where did you ly?

Gray.

At my owne House.

L. C. Just.

And you went home about 8 or 9 a Clock at Night to go to Bed?

Gray.

Yes I did.

Mr. Just. Jones.

You say he took his House the 8th of October, when did he go thither?

Gray.

Yes, he took his House the 8th of October, but he did not go thither till the one or two and twentieth?

Mr. J. Dolb.

But you cannot tell what he did at night.

Gray.

No not I.

Mr. Just. Dolbin.

But you were in his Company till 8 or 9 a Clock at Night?

Gray.

Yes my Lord I was.

L. Ch. Just.

How far did you live off of him?

Gray.

About a Bows shoot.

L. Ch. Just.

Look you Mr. Hill he does you no ser­vice at all, for he sayes he left you about 8 or 9 a Clock at Night, and he does not know what you did after­wards. Have you any more?

Hill.

Robert How.

L. Ch. Just.

Come what say you?

How. My Lord,

I met with Mr. Hill the 5th of Octo­ber, he asked me whither I was going, I told him home, I wish said he you would go a little back with me, I am a­bout taking of an House, and I would have you view the Repairs, accordingly we did go, and treated in the House [Page 60] about an agreement, for said he I will not agree with you, to the Landlord, till we know what must be re­paired. On Tuesday morning we met again about 8 a Clock.

L. Ch. Just.

What day of the Month was that?

How. the Eight. And a Wednesday about Noon we began to work for him, to repaire his House, and wee wrought that Week every Day, and for twelve Days and an half in all, and he was every Day with us looking after Coals or Beer or something. on Saturday the 12th of October we Dined together, and parted with him about one or two a Clock, and about two a Clock I went back again to my Work, and he said he was going towards Covent Garden in St. James, but he came back again, and I was gon first, I asked my Man whether he was gon or no, he said, he was there, but did not stay.

L. Ch. Just.

What time was that?

How.

A little before Night.

L. C. Just.

What Hour did your Man say that he was there?

How.

About an Hour before they left Work.

L. Ch. Just.

What time was that?

How.

About four a Clock I think it was.

L. Ch. Just.

Can you say where he was that Night?

How.

No I cannot.

L. Ch. Just.

What Religion are you of, are you not a Protestant?

How.

Yes, my Lord I think so.

Mr. Recorder.

My Lord askes you, are you a Protestant.

How.

I was never bred up in the Protestant Religion.

Mr. Prance.

He is a Catholick my Lord, he was the Queens Carpenter.

Mr. Just. Dolben.

Nay now you spoyl all, you must do Pennance for this, what deny your Church?

Hill.

What time was it a Saturday Morning I was with you?

How.

About nine a Clock.

L. Ch. Just.

How long did he stay?

How.

From nine to two.

L. C. J
[Page 61]

Are you sure 'twas Nine?

How

No man can swear punctually to an hour.

L. C. J.

What think you of Ten?

How.

It was thereabouts.

Mr. Recorder.

If I am rightly informed by the Clerks, he is Outlawed for Recusancy.

L. C. J.

Is he so? pray let us know that.

Harcourt, one of the Clerks of the Crown Office.

My Lord, I have made out several Writs against him, for several years together, and could never get any of them Re­turned.

Hill.

He tells you that I was with him from Nine a clock on Saturday morning, till One.

Mr. J. Jones.

But that is but as true as he is a Protestant, and how true that is, you know.

Hill.

Here is another witness, Mr. Cutler.

Tho. Cutler.

Upon the Twelfth of October, Lawrence Hill did come into my house about four or five a clock in the eve­ning, and he staid there till between Seven or Eight, and then his wife came for him, and said some Gentlewoman was ready for her Supper, and so he went home; and I saw him no more, till the day after he was taken.

L. C. J.

Look you here, he speaks only about Seven or Eight a clock. Well, have you any thing more to say?

Hill.

There is one Richard Lazinby.

Lazinby.

My Lord, I was with him on Saturday the twelfth of October at the door, about twelve a clock.

L. C. J.

And you dined with him and How.

Lazinby.

Yes, Sir.

L. C. J.

But you did not see him afterwards?

Lazinby.

Yes, I did see him on Wednesday night, from five to seven at night.

L. C. J.

What time was he carried out of Somerset­House?

Mr. Att. Gen.

About eleven or twelve a clock at night.

Lazinby.

That is the last time I was with him.

L. C. J.

Well, have you any more?

Hill.

Here is one Mr. Archbold, my Lord.

Archbold.

My Lord, I had occasion for a Taylor, and I came to this mans house, to seek for one Mr. Gray, that had formerly wrought for me.

L. C. J.
[Page 62]

When was that?

Archbold.

That was on Monday night. And he having formerly wrought for me, I found him at this mans house; so Mr. Gray asked me, What News? I told him, Very good News; For Praunce was taken for the Murder of Sir Edmund­bury Godfrey. Sayes Hill, I am glad of that, I wish they were all taken. I came the next day after, and they told me he was taken out of his Bed, for the Marder of Sir Edmund bury God­frey.

L. C. J.

Was it that very night that you came, that he was taken?

Archbold.

Yes, it was.

L. C. J.

You said he spoke of it before you at seven a clock, and you left him about nine, and he was taken that night, what then?

Hill.

Why, then I had time enough to make my Escape, if I had thought my self Guilty.

L. C. J.

As no doubt you would, if you had thought they would have been so nimble with you.

Archbold.

He knew it the day before.

L. C. J.

Well, have you any more to say?

Mrs. Hill.

There is Mr. Ravenscroft, my Lord.

L. C. J.

What, that Ravenscroft that is sent away?

Mrs. Hill.

Yes, my Lord.

L. C. J.

Then the Marshal must send for him, if he be a witness for the Prisoner. In the mean time, What can you say for your self, Mr. Green?

Greene.

My Lord, I would call my Landlord and his wife.

L. C. J.

What are their Names?

Greene.

James Warrier, and his wife.

L. C. J.

Call in Greene's wife, and all her Witnesses.

Then Mrs. Hill, the Prisoners wife, offered a Paper to the Court, containing Observations upon the Indictment, which she desired them to read; but it was refused, and she bid to give it her Husband. Then James Warrier was examined.
L. C. J.

What say you to your Landlord?

Greene.

I ask him no Questions at all, but desire him to tell what he knows.

Warrier.
[Page 63]

I will say, that the twelfth of October, he was at my house half an hour after seven, and he was not out of my house till after ten.

L. C. J.

How can you remember that day? What day of the week was it?

Warrier.

It was a Saturday.

L. C. J.

How do you remember it was so?

Warrier.

I have recollected my memory.

L. C. J.

By what?

Warrier.

By my work, and every thing exactly.

L. C. J.

When did you begin to recollect your self?

Warrier.

A pretty while ago.

L. C. J.

How long after Sir Edmund bury Godfrey was mur­dered?

Warrier.

A month after.

L. C. J.

What made you to recollect your self a month after?

Warrier.

Because he was in Prison in the Gatehouse.

L. C. J.

When was he taken up?

Warrier.

He was taken up in Somerset-house, and not in my house.

L. C. J.

But when did you recollect your self?

Warrier.

When he was in Prison.

L. C. J.

But I pray remember the time when you did re­collect your self, and the occasion that made you recollect your self when he was taken up.

Warrier.

I remember it very well, for he had been in my house but 14 dayes before he was taken up.

Sir Tho. Stringer.

He was not taken up for the Mudrer of Sir Edmund bury Godfrey, till the 24 of December.

Mr. J. Wyld.

Pray did you never think of this till he was in Prison?

Warrier.

It was when he was taken up.

L. C. J.

But pray when you came to recollect your self, how did you come to do it?

Warrier.

I recollected it by my work.

L. C. J.

But what gave you occasion to recollect your self since he was in Gaol?

Sir Tho. Stringer.

My Lord, he was put into Gaol, for refu­sing to take the Oaths; but he was not at all charged with the Death of Sir Edmund-bury Godfrey at that time.

L. C. J.
[Page 64]

When was he put in for the Death of Sir Edmund­bury?

Sir The. Stringer.

The 24th of December.

L. C. J.

Then there is all the remaining part of October, all November, and the former part of December was past, how could you recollect your self of the particular day?

Warrier.

I call'd it to mind by my work.

Capt. Richardson.

My Lord, I will rectifie this mistake: since their Arraignment, I went to them, to know what Witnesses they had, and Greene told me of his Landlord and Landlady; I then asked them, If they could say any thing as to this particu­lar day? And they said they could not do him any good at all.

Warrier.

I did not then call it to memory.

L. C. J.

When did you call it to memory?

Warrier.

I did say I could not do it then presently, as I have done since in five or six dayes.

L. C. J.

How could you recollect it then?

Warrier.

By the time he came into my house, which was a week before, and by the work that was done.

L. C. J.

What could the work do as to this? Can you tell by that, any thing that is done at any time? Where were you the ninth of November last?

Warrier.

Truly I can't tell.

L. C. J.

Why how came you then to recollect what you did the twelfth of October, when you did not know where you were the ninth of November?

Warrier.

I can tell a great many tokens, he was but 14 or 15 dayes in our house.

L. C. J.

What did he do the twelfth of October, that you remember so particularly that day?

Warrier.

Sir, I remember other dayes besides that; but I say I never knew the man out after nine a clock, in my life.

L. C. J.

Have you any body else, for this man I can't tell what to make on't?

Greene.

Here is the man's wife to give Evidence.

L. C. J.

First consider what you say.

Mrs. Warrier.

To tell you the truth, I thought the man so clear of this Fact, that I never trouble my head with it; but when Captain Richardson came to my house, I told him that he was never in our house by day-time, except being Cus [...] ­ion-layer in the Chappel, he used to come at half an hour after eleven, and many times he did desire me, because we were [Page 65] Protestants, to put in a little flesh meat with ours; sometimes he would sit down and eat his meat in the Kitchin, and his Wife with him; and his Wife would say to him, 'tis a trou­blesom time, pray see that you come home betimes. I did not at all remember the day of the month at the first, nor the Action; but my Husband and I have since remembred. We were desired by them once to eat a Fowl with them, and my Husband did command me the Sunday after to invite them to dinner with us, and I went in the morning very early, I think, and bought a dozen of Pidgeons, and put them in a Pye, and we had a Loine of Pork roasted; and when he was gone to the Chappel on Saturday in the afternoon, his Wife came to me and said, my Husband is not well, and when he comes home will ask for something of Broth; and away she went to Mar­ket to buy something to make Broth of. While she was at Market, her Husband came home, and asked where his Wife was? why, Mr. Greene, said I, she is gone to Market: what an old Fool, said he, is this, to go out so late, such a night as this is? but said he again, I will go to the Coffee-house, and drink a Dish of Coffee, and pray tell my wife so. In the mean time she returned, and by that time she had been above a little while, he came in again. And Mr. Greene being there, my Husband came in, and called to me, prithee, sweetheart, what hast thou got for my Supper? prithee, said I, sweetheart thou art always calling for thy Victuals when thou comest in. Then Mr. Greene goes to the stairs, and calls to his Wife, and bids her bring him down some victuals, and she brings down the Bread and Cheese, and he stayed there till it was nine a Clock; and then saith Mr. Greene to his Wife, let us go up, for there is a Fire.

L. C. J.

What day was this all this while?

Mrs. Warrier.

Why, it was the Saturday fortnight after Michaelmas day.

L. C. J.

Why might it not be that day three weeks?

Mrs. Warrier.

It was that day he was missing.

Mr. Att. G.

Why there was no Alarum taken of it a Sunday.

L. C. J.

When did you begin to recollect what day it was, that they said he was missing?

Mrs. Warrier.

On Friday morning our Milkman came and told us, that one Mr. Godfrey was found murdered; now I knew one of the Exchange of that name, and thought it might be he. And when we went up with him to his Chamber, we sate there till the Tattooe beat.

L. C. J.
[Page 66]

All the thing is, how do you know it was this Satur­day?

Mrs. War.

It was the Saturday fortnight after Michaelmas day.

Mr. J. Dolben.

Are you sure it was the Saturday fortnight af­ter Michaelmas day?

Mrs. Warier.

Yes, we did look upon the Almanack, and reckon it so.

M. J. Dolben.

Then that was the 10th of October.

L. C. J.

Why you told him you could do him no good, and indeed you do not.

M. J. Jones.

You and your wife speak of the same time, don't you?

Warrier.

Yes.

L C. J.

Have you any more Greene?

Capt. Richardson.

There is the Maid, let her come in.

L. C. J.

VVhat say you Maid?

Maid.

I can say that he came in the Saturday fortnight af­ter Quarter-day, pretty betimes.

L. C. J.

Can you speak of any other time besides that Satur­day fortnight?

Maid.

I can tell he came in every night before 9 a clock.

Greene.

I can take my Oath I was never out of my Lodging after 9 a clock.

Hill.

My Lord, here is Mr. Ravenscroft now.

L. C. J.

Mr. Ravenscroft, what can you say?

Mr. Ravenscroft.

VVhat I can say, my Lord, is this; This Lawrence Hill, I have known him 13 or 14 Years, and he served my elder Brother so long very faithfully. Afterwards he lived with Dr. Godwin towards the latter end of the two last Years, and he married my Mothers Maid.

L. C. J.

VVhat Religion are you of?

Mr. Ravenscroft.

My Father and Mother were Protestants.

L. C. J.

But you are a Papist, are you not?

Mr. Ravenscroft.

I have not said I am a Papist yet.

Mr. Justice Dolben.

In the mean time I say you are one.

Mr. Ravense.

Do you so, then pray go to Southwark and see.

Mr. At. G.

My Lord, I think, he hath taken the Oaths of Allegiance and Supremacy.

L. C. J.

Well, pray Sir go on with your Story.

Mr. Ravenscroft.

If it please you, upon a Saturday, a little before Christmass, there was somebody taken, I think it was one M. Praunce, for I never saw the man, neither do I know him [Page 67] at all: and it was reported that he was taken upon the Death of Sir Edmund-Bury Godfrey, and I was glad to hear it. My house was in the Savoy. and my Fathers house is in Holborn; and I used often to go and see my father, and coming home again, I went to see the Maid at her new House, she had not been long there, and she was standing at the Dore of the House. I asked her what News? says she, here hath been a man here that tells us that Praunce hath discover'd several of the Murderers of Sir Edmund-Bury Godfrey, and they talk up and down strangely of it, and ask me whether my Husband be acquaint­ed with him? then said I to her, is he? she answered me very well, they have been often together, and so she told me the people did mutter and talk of her Husband; but said I, what says your Husband to it? says she, he desies Praunce and all his works. Said I, where is your Husband? said she, he is within; I was very glad to hear it, for, said I, he living in Somerset House, and being acquainted with Praunce, I am glad to hear that your Husband can be so Couragious; so I went away and came again thither the next morning, and found he was taken the night before. All that I say then, is that it, was a good Evidence of his innocency, that when he had notice of it he did not Fly.

L. C. J.

So then your discourse was after Archbold had been there.

Mr. Ravenscroft.

Archbold was there before me, and had spoken this in their Company. I spake with her that night, and the next morning too; and all that I say is, it Fight be a sign of Guilt, as no doubt it is, Adam ubi es? and Couragiousness is a sign of innocency, then this man is innocent.

L. C. J.

But you say she told you they were acquainted.

Mr. Ravenscroft.

My Lord, I have one thing more to say. Upon the occasion of these things, this Woman hath been often with me, and hath desired to know of me what Defence she should make, for I saw Hill's Wife and Berry's Wife were all simple people without Defence for themselves, and they did desire that I would Examin and see some of the Wit­nesses and see how it was, and she had gotten me some papers, and I Conferred them together, there are witnesses that will attest the Copy.

Mr. At. G.

What is all this to the purpose? only this Gen­tleman hath a mind to shew that he can speak Latin.

Mr. Ravenscroft.

I thank God I can speak Latin as well as any man in the Court.

L. C. J.
[Page 68]

VVell, all this is nothing.

Mr. Ravenscroft.

I declare it my self, if this man were Guilty, rather than I would speak for him, if there wanted a Hangman, I would do it my self.

L. C. J.

Well Berry, what have you to say?

Berry.

I desire Nicholas Trollop, and Nicholas Wright, and Gabriel Hasket, and Elizabeth Wilkes, and Corporal Collet may be called.

Corporal William Collet first Examined.
Berry.

Did not you place a Sentinel on wednesday night?

Collet.

What wednesday do you speak of Sir?

Berry.

That night the Queen went from Somerset House to Whitehall.

Collet.

Yes. This Nicholas Trollop I placed there first, the 16. of October.

L. C. J.

How do you remember that?

Collet.

Because I have been called to an account before, and have given good Reasons for it. Our Company was at Somerset House when the King came from New-market, and the Queen went to Whitehall. Afterwards we were bid to fetch our Sentinels off about 3 or 4 of the Clock in the afternoon.

L. C. J.

Did you leave any Souldiers there?

Collet.

No, we did not, all our Company went to Whitehall.

Mr. Justice Dolben.

Are you sure there were no Souldiers that night there?

Collet.

Yes, we were commanded with a party to go thi­ther again that night.

L. C. J.

What did you do then?

Collet.

I placed the Sentinels by the Porters order.

L. C. J.

Who was that, Berry?

Collet.

No, it was one that used to go about, and give Orders where we should set them.

L. C. J.

How did you place them?

Collet.

This man I placed from 7 to 10, then Nicolas Wright releived him at 10, and stayed till one.

L. C. J.

At what place?

Collet

To the Strand-ward.

Mr. Justice Wild.

That was the Gate they carried him out at.

L. C. J.

Do you hear, whereabouts did you set the Sen­tinels? within the gate?

Collet.

Yes, within the wicket.

L. C. J.

That way he was carried out.

Nicholas Wright.
[Page 69]

There was no Sedan came out in my time.

Trollop.

There was one came in in my time while I stood there.

Lord Ch. Just.

Was it an empty Sedan?

Trollop.

I suppose it was, but we had no Order to keep any out.

Mr. Just. Wild.

But you might know whether it was an empty Sedan or no, by the going of it through the Wicket.

Collet.

There is an empty Sedan that stands there every Night.

Trollop.

It was set down within the Gate.

Mr. Just Jones.

If any Sedan had gone out, you would not have staid them, would you?

Collet.

No, my Lord, we had no Order to stop any.

Mr. Just. Dolben.

How can you then be positive, that no one did go out?

Trollop.

None did go out again in my time.

Mr. Just Dolben.

Could not the Porter open the Gate, as well as you?

Collet.

Yes, my Lord, he could, but I should have seen him then: he did not open it in my time.

Mr. Just. Wild.

Let me ask you but one Question; Did not you go to drink, nor tipple all that time?

Trollop.

No, nor walk a Pikes length off the Place of Centry.

Mr. Just. Wild.

Has not Berry an House there, hard by?

Trollop.

Yes, but I did not drink one drop.

Mr. Just. Dolben.

How can you remember so particularly, so long ago?

Trollop.

Why, I was twice before the Committee.

Mr. Just. Dolben.

But how long agoe was it, that you were questioned about this thing, after this Night?

Trollop.

A matter of a Month, or Six Weeks.

Collet.

For we were examined before Praunce was taken up.

Lord Ch. Just.

You Trollop, Can you say whether it was the Sedan that used to be within?

Trollop.

No, I cannot, but it was brought in in my time, and did not go out again.

[Then Gabriell Hasket was examined.]
Berry.

You Stood there, Sir, from One to Four.

Hasket.

Yes, after the Clock struck One, I was put Sentinell, and stood till Four.

Lord Ch. Just.

What Night?

Hasket.

That Night the King came from New-market, and the Queen went from Somerset-house.

Lord Ch. Just.

What day of the Month was that?

Hasket.

The Sixteenth.

Lord Ch. Just.

What day of the Week?

Hasket.

Wednesday.

Lord Ch. Just.

Did not you drink at Berry's then?

Hasket.

No, I did not.

Lord Ch. Just.
[Page 70]

Did you see Berry then?

Hasket.

No I did not.

Lord Ch. Just.

He was gone before you came.

Berry.

I was fast enough a Bed at that time.

Lord Ch. Just.

Well, what say you more?

Berry.

Here is my Maid, Elizabeth Minshaw, to give her Evidence, where I was that Night the Queen went from Somerset-house.

Mr. Just. Jones.

What can you say?

Minshaw.

May it please you, my Lord, my Master was within Doors, and about the Gate, when the Queen went away.

Lord Ch. Just.

Who is your Master?

Minshaw.

Mr. Berry. He was about the Gates all the Forenoon.

Lord Ch. Just.

When was that?

Minshaw.

The 16th. Octob. Wednesday. And assoon as the Queen was gone, my Master went out to Bowls; and when he came home again, he said he had been at Bowls.

Lord Ch. Just.

What time did he come home?

Minshaw.

It was Dusky, and he was not absent all Night an hour, till he went to Bed.

Mr. Just. Wild.

When did he go to Bed?

Minshaw.

My Lord, I suppose he went to Bed about Twelve a Clock.

Mr. Just. Wild.

They do not charge him with any thing but what was done about the Gate.

Mr. Just. Dolben.

What time did you go to bed that Night?

Minshaw.

Why I went to Bed about Twelve a Clock.

Mr. Just. Dolben.

And you saw him no more that Night?

Minshaw.

No, my Lord, but he must go through my Room to go to Bed at Night, and therefore I suppose he was a Bed.

Mrs. Hill.

I desire Mr. Praunce may Swear why he did deny all this?

Lord Ch. Just.

Stand up, Mr. Praunce, that Gentlewoman does desire to know, what induced you to deny what you had said?

Mr. Praunce.

It was because of my Trade, my Lord; and for fear of losing my Employment from the Queen, and the Catholicks, which was the most of my business, and because I had not my Pardon.

Mrs. Hill.

I desire he may Swear whether he were not tortured?

Mr. Just. Dolben.

Answer her, were you tortured to make this Confession?

Mr. Praunce.

No, my Lord, Captain Richardson hath used me as civilly as any man in England; all that time that I have been there, I have wanted for nothing.

Lord Ch. Just.

See what he says; That he did not make this Confession by any Torture, but he made his Recantation through fear, and the thoughts of death, because he had no Pardon; and fear that he might live in want, by the loss of the Trade, prevailed with him to deny what he had confessed.

Mrs. Hill.

It was reported about Town, that he was tortured.

Mr. Just. Jones.
[Page 71]

No, it was no such thing; it was only the tortures of his Conscience, for being an Actor in so great a Sin.

Mrs. Hill.

There are several about the Court, that heard him cry out: And he knows all these things to be as false, as God is true; and you will see it declared hereafter, when 'tis too late.

Lord Ch. Just.

Do you think he would Swear Three men out of their Lives for nothing?

Mrs. Hill.

I desire he may be Sworn to that particular thing.

Mr. Ju. Jon.

He is upon his Oath already, and Swears all this upon his Oath.

Mrs. Hill.

Well, I am dissatisfied; my Witnesses were not rightly ex­amined, they were modest, and the Court laught at them.

Berry.

The Sentinels that were at the Gate all Night, let nothing out.

Lord Ch. Just.

Why you could open the Gate your self.

Berry.

He says, he could have seen if the Gate had been open; and that as he saw, the Gates were never open'd.

Mr. Just. Dolben.

Well, the Jury have heard all, and will consider of it.

Mrs. Hill.

Here is another Witness, my Lord; Mr. Chevins.

Lord Ch. Just.

Well Sir, what say you?

Chevins.

I have nothing to say, but that I heard Mr. Praunce deny all.

Lord C. J.

Why he does not deny that now. Well, have you any more?

Chevins.

We have no more.

Mr. Attor. Gen.

My Lord, I must crave leave to speak a word, or two; and the Evidence having been so very long, I shall be exceeding short. I intended (when I began to open the Evidence) to have made some Ob­servations after the Evidence ended; to shew how each part of it did agree, and how the Main was strengthned by concurrent Circumstances. But in truth, the King's Evidence did fall out much better than I could expect, and the defence of the Prisoners much weaker than I could foresee. So that, I think, the proof against the Prisoners is so strong; and so little hath been alleadged by them in their Defence, that it would be but loss of time to do, what I at first intended. Only I will observe, that Mr. Bedlow doth agree with Mr. Praunce, as far forth as is possible; that is, in those parts of the Fact of which he pretends to have any knowledge. Yet had they never any communication one with another, as both have Sworn. And your Lordship will observe in how many particulars they do agree; namely, as to the Dark Lanthorn, as to the Covering of the Body in the Room; how they intended to carry the Body out in a Sedan, and the rest. So that if they had laid their heads together to contrive a Story, they could hardly have agreed in so many circumstances; and yet this they do without discoursing with each other beforehand.

My Lord, I must likewise observe to you, that the Servants of the Plow Ale-house concur as to the Meetings there: The Maid agrees as to the Prisoners coming to Sir Edmondbury Godfrey's House, and to the time, viz. that Saturday Morning; nay, to the very Hours of Nine, or Ten a Clock; [Page 72] That the Constables Relation of the posture in which the Body was found in the Field, doth perfectly agree with the Account that the Murtherers gave thereof to Mr. Praunce the next Morning. The Chirurgions do agree with Mr. Praunce, as to the manner of Sir Edmonbury Godfrey's being killed, the strangling, the bruising of his Stomach, the twisting of his Neck. And the Witnesses from Bow make it out, that Dethick was sent for; that they had a Dinner there. The Boy proves that he over-heard them reading something about Sir Edmondbury Godfrey, and that they were very Merry; and that for his listning, he was threatned to be kickt down stairs.

So that, I think, there never was an Evidence that was better fortified with circumstances than this: My Lord, I shall be bold to say, here is certainly as much Evidence, as the matter is capable of. It is not to be expected that they should call Witnesses to be by, when they do such foul Facts; so that none can Swear directly the very Fact, but such a one as was an Actor in it. All Circumstances relating to the Fact, both before, and after, are made out by concurrent testimony. And, my Lord, I must observe, that it was a Murther committed through zeal to a false Religion, and that Religion was a bond of secrecy. We all know, his Majesty hath been graciously pleased by his Proclamation, to propose a Pardon, and a Reward to the Discoverers. And yet almost without effect; Their zeal to their false Religion was a greater obstacle, than the Proclamation was an incitement, to the Discovery. And I do believe, if Mr. Praunce had not had some inclination to change his Religion, you had still been without so clear a Discovery of this Work of Darkness, as now you have. I shall say no more, but conclude to the Jury with that saying, that I remember in the Book of Judges, (in the case of a Murther too, though of another Nature,) Judg. 19. 30. The People said there was no such deed done, nor seen, from the day that the Children of Israel came out of Egypt: And I may say, there was never such a barbarous Murther committed in England, since the People of England were freed from the Yoke of the Pope's Tyran­ny; and as 'tis said there, so say I now, Consider of it, take advice, and speak your minds.

Mr. Sol. Gen.

My Lord, I would only make one Observation to your Lordship, which is this; I do not find they do in the least pretend to tax Mr. Praunce, that any Person hath bribed him to give this Evidence; nor, that there was the least Reward ever proposed to him to bear Witness against them, not so much as the hopes of that Reward contained in the King's Proclamation; yet Mr. Praunce, if he had had a mind to bear false Witness, might have laid hold of that opportunity; but so far was he from pretending to discover any thing, that he denied all when he was first ap­prehended. But after he was in Hold, and likely to be brought to Justice, and lying under the conviction of a Guilty Conscience, then, and not till then does he discover it.

[Page 73] There is no Objection in the world to be made, but that since this Discovery, Mr. Praunce hath retracted what he said before, but he gives you a very good account of it; the Terrors of Conscience he then lay under, the Fears that he should not be pardoned, and the apprehen­sions he had from the Threats on their side, and the dan­ger of his utter ruine, put him upon that Denial.

But, my Lord, He tells you likewise, That as soon as ever he was brought back to the Prison, he owned all he had said at first, and desired he might be carried back again to Testifie the Truth of what he had first Sworn to. This, my Lord, he gives you an Account of, and the same Account does the Keeper of the Prison give too. I have nothing to say more, but onely just to observe the many Circumstances whereby Mr. Praunce his Testimony is for­tified. Mr. Bedlow does agree with him in every Circum­stance as far as his knowledge went: The Maid of the House agrees with his Testimony; that says, She saw Green at Sir Edmondbury Godfrey's several times, though here he denies he knew him. That she saw Hill there that very Morning her Master was missed: That he talked with her Master a Quarter of an hour: That she knew him by a very good token; not onely by his Face, but also that he had the same Clothes on then he hath now.

Mr. Praunce hath likewise told you of another Cir­cumstance, the meeting at the Plow-Alehouse, where they laid the whole Design of Intrapping Sir Edmondbury Godfrey: and herein he is Fortified by the Concurrent Te­stimony of the Master of the House, and the Servant too, though they now deny that ever they had been in his Company there; or that they so much as knew Gi­rald; though when they were examined at the Council-Board, they said, they knew Girald, but not Kelley: and now they are prest with it here, Hill retreats to this, That he knows one Girald, but not Girald the Priest.

[Page 74] My Lord, I think the Matter is so fully, and so plainly proved beyond exception, that there needs no great Re­petition in the Case: It is impossible that Mr. Praunce a man of that mean Capacity should invent a Story with so many Circumstances, all so consistent, if there were not truth at the bottom of it. He shews you the par­ticular places, from place to place, where they decoyed him in, and how they disposed of him, to the time they carried him out. And in each of these Circumstan­ces, there is not the least improbability or cause to dis­believe him. It hath been already so fully repeated, and the plainness of the Evidence is so convincing, that I need not make more Observations upon it; But submit it to your Lordship and the Jury.

Then the Lord Chief Justice directed the Jury in this manner:

Lord Chief Justice.

Look you, Gentlemen of the Jury, This is an Inqui­sition for Innocent Blood that hath been shed, and your business is to see if you can find out the Murderers.

We would not add Innocent Blood to Innocent Blood: but on the other-side, If you have received Satisfaction so much as the Nature of the Thing can bear, then the Land is defiled, unless this be satisfied.

Now for that I will urge the Witness and their Testi­mony no further than it does appear; for You and VVe are all upon our Oaths to do uprightly, neither to Spare Murderers, nor Condemn the Innocent.

[Page 75] In the first place, VVe began with Mr. Oates, and he told you, that he had some Converse with Sir Edmondbury Godfrey, and that he was threatn'd by some, and had no good will for his pains, in taking those Examinations he had taken, and he was afraid his Life was in danger. This he tells you was the Discourse before-hand, and this is produced to lead you to consider what sort of persons they were, of whom he was likely to have these Fears; for his Fears did arise from his having done his part, as a Justice of Peace, in taking the Examinations upon Oath.

For the Testimony of the Fact they produce first Mr. Praunce, wherein you will do well to observe all the de­grees that he goes by, before the Fact, and all the Circum­stances in the Transaction of that Affair, and the Parties by whom it was to be Acted: First he tells you how long it was before they could entice him to consent to such a Villany as this was, To Murder a Man; he tells you by whom he was thus enticed, which makes the Story more probable; that is, by Girald and Kelley (two Priests) and he tells it you still more probably by their Doctrine, that it was no sin; but it was rather an Act of Charity to kill a Man that had done, and was like to do them mischief: So that if you consider the persons that Preached to him, and the Doctrine they taught, it carries a great shew and pre­sumption of Truth in it self. When they had met toge­ther at the Plow several times (which was deny'd by some of them, but is most manifestly proved by the Master of the House, and the Boy) and the wisht for time was come; for they were to watch the opportunity, and Mr. Praunce was to be at home, and they would call him to give his helping hand; he tells you, That Mr. Hill did go that Morning; for though he talks of an Errand before, yet to keep to that which is most pressing in the Evidence, he went to Sir Edmondbury's House. This he seems to deny; but the Maid does Swear it expresly upon him; and says, She came first to him, and went up Stairs, and then came back again, and still he was there. And she swears positively she knows him by his Face, and by the Clothes he then [Page 76] had on, which are the same Clothes he hath on now, and that that is the Man that was with her Ma­ster; and this, which they cannot disprove, half proves the matter.

VVhat had he to do at Sir Edmondbury Godfry's House? But that would be an hard puzling Question to be put to him; VVhat did you there? And there­fore he is to deny it; but the Maid proves it upon him, as well as Praunce. So that I would have you con­sider how many VVitnesses you have to one thing or another, all conducing to this point.

You have first Mr. Oates, that tells you the Discourse that passed between Mr. Edmondbury Godfrey and him, the Maid tells you, that both these Men were there, one at one time, and the other at another; and you have Mr. Praunce that knew the whole Affair, who tells you so likewise, and that they were resolved to do the VVork that day, in so much that if they could not doe it, as they had before contrived it (and Sir Edmondbury Godfrey was sensible that he was Dogg'd up and down) Girald did resolve to dogg him to his own Door, and kill him in the Lane that leads to his House, he would have run him through himself; and this Girald is one of those Priests, whose Church counts it no sin, but an Act of Charity, to Murther a Christian, to propagate Christianity.

When they had way-laid him and watcht his coming, from what place Mr. Praunce cannot tell; for he knows nothing but what they told him, and they only named in general, that he was Lodg'd in St. Clements; and there­upon one comes to acquaint him, that they would intice him in at the VVatergate, by Sommerset-House, and they would do it with art enough, for they never want a contrivance for so charitable an Act; and it was upon this pretence, that there were Two men a wrangling and fighting, and then he being a Justice of the Peace, was a Person that would part the Fray easily.

[Page 77] And it was a probable invention: for Sir Edmundbury God­frey was a Man that was as willing to do all acts of Justice as any one, and as little afraid to do it; for the Witness tells you before, that he said, if they did do him a mischief, they must do it basely, for he did not fear the best of them upon fair play. Then when he was desired to get himself a Man to follow him, he slighted the advice: And we all know, that he was a Man of singular Courage, and therefore it was the easier to lay a trap for him. Then saith Praunce, When he was got in, Berry and I were to have several Posts, which we were to go to, I to one place, and Berry to another; and I staid, saith he, till Green threw the Cravat about his Neck, and was assisted by Girald and the rest that were there. And then, as soon as we could imagine the thing to be done, Berry comes in, and Praunce comes back from his standing, and by some Motions findes that he was alive, and that till Green twisted his Neck round; which the Chirurgions say was plain­ly a Broken Neck, and nothing of the Wounds which were in his Body were given him while he was alive.

When they had done this, he tells you, they carried him to Mr. Hill's Chamber: Berry, Girald, Kelly and the rest, all helpt him in, and there they leave him. Then Praunce goes away. This was on Saturday-night. Then Praunce comes again on Munday-night, and finds him removed to another Chamber hard by, where he saw him by the light of a Dark Lanthorn, with something thrown over his face; and af­terwards on Tuesday-night following, they did remove him back to Hill's Lodgings, and there he lay till Wednesday-night, when they carried him out.

Saith Praunce, I saw him that night; I was the Man that help'd to carry him out, for it was Praunce and Girald that carried him first, and it was Green and Kelly who went be­fore, and took him up afterward. He tells you, they set him upon an Horse-back, and Hill behind him. They carri­ed him out in a Chair, which was a thing that used to come [Page 78] in and go out there, and so the less notice would be taken of it. I will observe to you afterwards on the Prisoners be­half, what is said for them to all this.

But as to Praunce, you see he hath given you an Account from the top to the bottom, from the first Transaction be­tween them, from the time of his being called by them to help in the Murder, and from his seeing the Handkerchief twisted about his Neck, his Neck twisted round; how they disposed of his Body at first, what removes they made, and when they carried him out, who were in company, who re­lieved them, and what became of him at last.

He says, he saw him set up before Hill on Horseback, and they told him, they had thrown him in a Ditch, and Girald had run him through with his own Sword, and in that posture, and in that place, the Constable found him: The Chirurgions tell you, that it was by the twisting of his Neck, and the Strangling, that he was kill'd, and not by the Wounds; and the very bruisings which Praunce speaks of, were found upon the view of the Body. So that here is not any one thing, that is not backt either in some particu­lar circumstance or other; besides Mr. Praunce's Testimony, who (alone) could give the Narrative of the Fact.

And it is no Argument against Mr. Praunce in the world, that he should not be believed, because he was a party, or because he after denyed what he first said: First, because you can have no body to discover such a Fact, but only one that was privy to it: So that we can have no Evidence, but what arises from a party to the Crime: and in the next place, his denyal after he had confessed it to me, does not at all sound as an act of falshood, but fear; it is not a good Ar­gument to say that he is not to be believed, because he de­nyed what he once said: for he tells you, he had not his Pardon, he was in great Consternation; the horrour of the Fact it self, and the loss of his Trade and Liveli­hood [Page 79] was enough to do it. But how short was his de­nyal, and how quick was his Recantation! for he de­nyed it before the King not upon Oath: he Swore it upon Oath, but he denies it upon his Word only; but by that time he got home to Newgate with Captain Richardson, he fell down on his knees, and begg'd him for God's sake to carry him back to the King, for what I did say at first, said he, is true, and this denyal is false. And here could be no tampering, no contrivance made use of; no, 'tis plain there could be no art used to make him retract from his first Testimony. And these are the particulars as to Praunce his Evidence.

Then comes Mr. Bedlow, and tells you, that he was commanded by le Faire, and the Priests he was acquainted with, to insinuate himself into the acquaintance of Sir Edmundbury Godfrey; they did not tell him why; they themselves knew privately wherefore, and they did intend him as an instrument to do it, as appears afterwards. He tells you, he got into his acquaintance, by pretending to go for Warrants for the good Behaviour and the Peace, as he knew Sir Edmundbury Godfrey was willing to have the Peace kept; and he was with him every day almost, for a Week or more.

Then the Priests come a little nearer, and tamper'd with him to kill a man, an ill man for their turn, and that Mr. Bedlow should be very well rewarded, he should have Four thousand pounds to kill that Gentleman; but still they kept the name secret. He promised them fair, but broke his word. Afterwards he meets this Companion that he had most confidence in, and being tax'd with his breach of Promise, said he, I had business, I could not come. Well, said his Companion, you should have been as good as your word; but the thing is done, the person is killed, and I would have you help to carry him away. He promises to do it, and to meet him at Somerset-house; accordingly he [Page 80] comes upon Munday in the Evening, and about 9 or 10 of the Clock at night, Mr. Bedlow swears, that in this Chamber that Praunce says he was laid in, he did see the Body, by the help of a dark Lanthorn; and his Face was covered with a Cloak or a Mantle, or some such thing thrown over him.

And these two men, viz. Mr. Praunce and Mr. Bedlow, as the Counsel have observed, had not any Confederacy to­gether, for they both swear, that they never had any con­verse at all; and if it be so, then it is impossible for two men so to agree in a tale with all circumstances, if they never conversed together, but it must be true.

It is hardly possible for any man to invent such a Story, for Praunce it is, I believe. I finde it is no hard thing for the Priests to contrive such an Action; but for two Witnesses to agree in so many material Circumstances with one another, that had never conversed together, is impos­sible.

If all this had been a Chimaera, and not really so, then Praunce must be one of the notablest Inventors in the world: And there must have been the mightiest chance in the world, that Mr. Bedlow and he should agree so in all things; and that the Maid should swear that Hill was there that Morning; and that the Constable should finde the Body, just as they told Praunce they had left him.

So that upon the matter you have two Witnesses almost in every thing; for Mr. Bedlow, seeing him in the place murdered, is a plain Evidence that the thing was done; and all the other Witnesses, speaking to Circumstances both before and after, make the Evidence plain, that these were the Persons who did it. And I see nothing incoherent in all Mr. Praunce's Testimony.

[Page 81] I would not urge this so, if I was not satisfied in my own Conscience that the Relation is true in the Prisoners defence, there is but one thing, that hath any sort of weight; for the young Gentlevvoman talking of his being constantly at home at eight of the Clock, is nothing, for she says they al­ways go to Bed about nine a Clock, and they give no Answer to this, but that it could not be done in their House but they must know of it; but doe not show how that must needs be; so that all their Evidence is slight, and answers it self, or else not possible to be true. All the Testimony that is con­siderable in this matter, is that which Berry produces; and that is concerning the Sentinells who kept the Guard that Wednesday Night the Body was carried out, and he says there was no Sedan carried out. And although this Evidence be produced but by one of them, yet 'tis to the Benefit of them all three; for if it were certain and infallibly true, that the Sentinells did so watch at the Gate, that no Mortal could go out of the place; and if the darkness of the Night might not hinder him from seeing what might go out; or that Mr. Berrys Voice being known to him, he might not call to him, and so Mr. Berry might open the Gate without any great Caution, or more particular Observation by the Sentinel, so that this might escape his observation or remembrance, and yet that the Sentinel be an honest Man and speak true as he thinks to his best remembrance, which I leave to your con­sideration. But there is one thing the other Sentinel tells you, that about eight or nine a Clock (for he went off at tenn) there was a Sedan brought in, and he did not see it go out; and so says he that watched from tenn to one, and this is the only thing which hath any Color in it, in behalf of the Prisoners. But he that says there was no body went out, says also that he never saw the Sedan; but the Senti­nel that was relieved, says; that he saw it go in. Now how far that single Testimony of Nicolas Wright the Sentinel will weigh, who says that none went out, I leave with you, which may be mistaken either by reason of the darkness of [Page 82] the Night, or those other Particulars I have observ'd to you.

But this is all that can overthrow the whole series of the Evidence that hath been given by Mr. Prance, upon whom I find not the least reflection, except you will call that one, which to me as it is circumstanced, is rather an Argu­ment for him then against him, viz▪ his going off from what he said. And what Sr. Robert Southwel says is regardable, that when he shewed them the Place where he was strang­led, the House to which he was first carried, he did it very readily and confidently, but was puzled to find out the Room where he was removed, when he saw him by the dark Lanthorn, and would not possitively assert where it was, which shews the integrity of the Man, who would else have gone through without bogling; for if all were a Ly, why should he stick at one thing more then another, but have shewn some Room or other? but when he was confident, he appeared so, and when he was doubtful he appeared so, and so shewed himself an honest Man.

These are the particular matters, and as near as I can re­member, all that hath been materially offered for the Priso­ners against the Kings Evidence. For the Testimony of the Landlord Warrier and his Wife, it is plainly spoken of a­nother time, for it was the Saturday after the Thursday he was found, the 19th of October. So that they speak nothing but what is true, and yet nothing to the Purpose; for the Que­stion is of that which was done the 12th, but they speak of a time when the Tragedy was passed, so that there is only the single Evidence of one Witness, the Sentinel, which must be opposed to all the concurring Evidence given against them.

Berry.
There was Sentinells placed at every one of the Gates.
L. Ch. Just.

That is nothing, for we speak only of this Gate, [Page 83] the great Gate, but I will tell you what there is that does not arise from these Witnesses, but from the nature of the thing they were about, and the Persons that transacted it, that gives credit to the Testimonys of the Witnesses, so as to in­cline any one to believe them, as things stand at this day in reference to the known design of the Priests to subvert our Religion, for they must justify one ill by another, and the mischiefs they have done will not be safe, unless they do more.

And for the Priests being the Preachers of Murder, and your sin, that' tis Charity to kill any man that stands in their way. Their Doctrine will make you easily believe their Practice, and their Practice proves their Doctrine; such cour­ses as these we have not known in England till it was brought out of their Catholick Countrys; what belongs to secret Stranglings and Poysonings, are strange to us, though com­mon in Italy. But now your Priests are come hither to be the Popes Bravo and to Murther Men for the honor of his Holi­ness; and as they are Inhumane, so they are Unmanly too: for Sr. Edmondbury Godfry had not been afraid of two or three of your Priests, if they would have dealt fairely with him.

Berry
He was a Gentleman that I never spoke with in all my life.
L. Ch. Just.

You must say and believe as your Priest will have you, and in such actions as these, as your Priests suggest to you, so does the Devil to your priests; If you are upon the matter necessitated to what they will have you think; for though your Priests Preach up freedom of Will, yet they allow none to the understanding. They hold you may do good or evil, but will not suffer you to understand right and wrong, for you cannot be perfectly theirs, if you have any thing of your own to guide your selves by.

I know that every body of that party is apt to say their [Page 84] Priests own no such thing, but it is notoriously known to all the World that they both Print it and Practise it. What shall any of you dispute the Power of a Pope saith a Je­suite, or of a Pope and a Council say the most moderate Priests? Have you power to say how far you will be a Pa­pist and how far not? you may as well bound the Sea, and bid it go thus far and no farther, as limit the Popes Authority. I wonder any Man should be of that Perswa­sion, and yet keep his Reason, much less turn from our Re­ligion to theirs, if he considers how they impose, and what Mischiefs and Blood you are involved in, by your Priests that have Allarmed the Nation. For I will affirm, the greatest mischief the Papists have received, come from their Priests, who have such unworthy and unmanly ways of setting up their Religion: What do they think it an Act of Charity to kill men, or is the Christian Religion or yours, to be promoted by such means as these? No Gentlemen, 'tis the fault of your Doctrine, and 'tis a monstrous mistake in you, if you think that you have any power of your own, whilst you continue in their persvvasion.

I know some will ascribe all to Conscience that guides them, and that even these mischiefs are but the effects of their Religious obedience; but they are indeed the Con­sequences of the blindness of their obedience. I wonder how any Man can have the Face thus to disorder a whole Nation, and yet pretend Conscience for it. Let no Man tell me, Oh! Sir, We desire none of these Mischiefs you talk of: What, not if Religion requires it, or if the Pope says it does? Hath not the Council of Lateran decreed, that every Popish Prince ought to root out Heresie upon pain of Damnation? You must: can you go and tell the Pope how far you will believe, or what you ought to do? You may as well tell me that if he vvere once with us, and had the Power he once had, he would leave us to our selves, and that if he had the same Ability, he would not have the same Tyranny.

[Page 85] And therefore all the Roman Catholik Gentlemen in England would do very well to consider, how much it concerns Christiani­ty not to give offence; And if they cannot at this time live in a Protestant Kingdom with security to their Neighbours, but cause such fears and dangers, and that for Conscience sake, let them keep their Consciences, but leave the Kingdom. If they say, why should not we stay here while we do no mischief; alas that's not in your power. You cannot be quiet in your own Religion, un­less you disturb ours; and therefore, if to shew your Consciences, you acquit the Country, and let the inconveniencies light on your selves only, I should then think you had Zeal, though not accor­ding to Knowledge; and not ascribe it to any Plot, but to the sim­plicities of understanding.

But in short, there is a monstrous Evidence of the whole Plot it self by this fact; for we can ascribe it to none, but such ends as these, that such a man must be kill'd; for it must be either because he knew something the Priests would not have him tell, or they must do it in Defiance of Justice, and in terrour to all them that dare execute it upon them; which carries a great Evidence in its self, and which I leave to your consideration, having remembred as well as I could, the proofs against them, and all that is consi­derable for them. Add to this, the Condition that we are in at this time, and the eagerness of the pursuit that these Priests make to gain the Kingdom, that for my own part I must put it into my Litany, That God would deliver me from the delusion of Popery, and the Tyranny of the Pope: for it is a Yoke which we who have known Freedom cannot endure, and a Burden which none but that Beast who was made for Burden, will bear. So I leave it to your Consideration upon the whole matter, whether the Evidence of the Fact does not satisfie your Consciences, that these men are Guilty. And I know you will do like honest men on both sides.

Then the Jury withdrew to consider of their Verdict, and after a short space returned again.
Cl. of the Cr.
Gentlemen, answer to your Names. Sir William Roberts.
Sir William Roberts.
Here, and so the rest.
Cl. of Cr.
Gentlemen, are you all agreed of your Verdict?
Omnes.
[Page 86]
Yes.
Cl. of Cr.
Who shall say for you?
Omnes.
Our Foreman.
Cl. of Cr.
Robert Greene hold up thy hand, (which he did) Look upon the Prisoner; how say you, is Robert Greene Guilty of the Felony and Murder whereof he stands Indicted, or not Guilty?
Foreman.
Guilty.
Cl. of Cr.
What Goods or Chattels, Lands or Tenements?
Foreman.
None to our knowledge.
Cl. of Cr.
Henry Berry, hold up thy hand, (which he did) Look upon the Prisoner. How say you, is Henry Berry Guilty of the Felony and Murder whereof he stands Indicted, or not Guilty?
Foreman.
Guilty.
Cl. of Cr.
What Goods or Chattels, Lands or Tenements?
Foreman.
None to our knowledge.
Cl. of Cr.

Lawrence Hill hold up thy hand, (which he did) How say you, is Lawrence Hill, Guilty of the Felony and Murder whereof he stands Indicted, or not Guilty?

Foreman.
Guilty.
Cl. of Cr.
What Goods or Chattels, Lands or Tenements?
Foreman.
None to our knowledge.
Cl. of Cr.

Hearken to your Verdict as the Court hath recorded it. You say that Robert Greene is Guilty of the Felony and Mur­der whereof he stands Indicted. You say that Henry Berry is Guilty of the Felony and Murder whereof he stands Indicted. You say that Lawrence Hill. is Guilty of the Felony and Murder whereof he stands Indicted; And that neither they, nor any of them, had any Goods or Chattels, Lands or Tenements, at the time of the Felony committed, or at any time since to your know­ledge. And so you say all.

Omnes.
Yes.
Lord Ch. Just.

Gentlemen, You have found the same Verdict that I would have found if I had been one with you; and if it were the last word I were to speak in this world, I should have pro­nounced them Guilty.

At which words, the whole Assembly gave a great shout of Applause.
Mr. Att. Gen.
[Page 87]
Will your Lordship please to give Judgment this Evening, I know it is not usual the same day.
Mr. Justice Wild.
My Lord, I am ready.
L. C. J.
No Brother, I am to sit at Nisi prius this Afternoon, and 'tis time we broke up the Court.
Cl. of Cr.
Cap. Richardson, you shall have a Rule to bring them up to morrow; and then the Court broke up.
On Tuesday the 11th. of February, the Prisoners were brought again to the Bar in order to receive their Sentence; and the Court proceeded thus.
Mr. Recorder,

My Lord, as I was directed by Mr. Attorney, these Prisoners being Convicted of Murder, I do for the King pray Judgment upon them; but I must first acquaint your Lord­ship, that immediately after their Conviction, one of the Officers, a Tipstaffe, pretending it was his Fee, took their Cloaths off their backs.

L. C. J.
Who is that Officer?
Mr. Recorder,
One Ashby.
L. C. J.
Call him, Why do you offer to meddle with these mens Cloaths?
Ashby.

It hath been an ancient Custom this 40 years, some of us have known it, that the Marshal hath the upper Garment of all Prisoners tried at this Bar.

L. C. J.
Is there any such Custom Mr. Waterhouse?
Speaking to a Clerk of the Crown-Office.
Waterhouse.
No my Lord, that I know of.
L. C. J.

Here is Mr. Waterhouse that hath known the practice of the Court this Threescore years, says there is no such thing. Ei­ther restore them their Cloaths, or we will take some other course with you. Are they in your Custody pray?

Mr. J. Dolben.
I do not know that my Lord, I think they al­ways plead in Custody of the Marshal.
Mr. J. Wyld.
But this seems a very barbarous thing, to take their Cloaths off their backs.
Mr. J. Dolb.
It doth so Brother, and they must be restored.
L. C. J.
Yes, yes, you must restore them.
Ashby.
They shall be, my Lord.
Mr. Recorder.
[Page 88]
I pray your Judgment.
L. C. J.
Ask them what they can say to hinder Judgment.
Cl. of Cr.

Robert Greene hold up thy hand, (which he did) Thou hast been Indicted of Felony and Murder, thou hast been thereupon Arraigned, thou hast pleaded thereunto not guilty, and for thy Trial thou hast put thy self upon God and thy Country, which Country hath found thee guilty, what hast thou to say for thy self, why the Court should not proceed to give Judgment of Death upon thee, and award Execution according to the Law?

Cap. Richardson.
What have you to say for your self?
Greene.

I declare to all the world, that I am as innocent of the thing charged upon me, as the Child that is in the Mothers Womb. I die innocent, I do not care for death, I go to my Saviour, and I desire all that hear me to pray for me. I never saw the man to my knowledge alive or dead.

Cl. of Cr.
Henry Berry, hold up thy hand, (which he did) Thou hast been Indicted of Felony and Murder, &c. What canst thou say? &c.
Berry.
I do declare I am not guilty of any thing in the World of this.
L. C. J.

We do not expect much from you, and it is no great matter; for your Confession will do us little good, but only for your selves. We regard it not otherwise, because the Evidence was so plain, that all mankind is satisfied there is no scruple in the thing; and we know you have either downright denials, or evasi­ons, or equivocating terms for every thing; yet in plain dealing, every one that heard your Trial hath great satisfaction; and for my own particular, I have great satisfaction that you are every one of you guilty.

Cl. of Cr.
Lawrence Hill, hold up thy hand, (which he did) Thou hast been Indicted of Felony and Murder, &c. What canst thou say? &c.
Hill.
I have nothing to say for my self, but that God Almighty knows my Innocence.
Cl. of Cr.
Cryer▪ make an O yes.
Cryer,

O yes, Our Soveraign Lord the King doth straitly charge and command all manner of persons to keep silence whilst Judge­ment is giving upon the Prisoners Convicted, upon pain of Im­prisonment; Peace about the Court.

[Page 89] Then Mr. Justice Wyld, who as second Judge in that Court, pro­nounceth the Sentence in all Criminal Matters, (except High Trea­son) spoke to the Prisoners thus:

Mr. J. Wyld,

You that are the Prisoners at the Bar, you have all three been Indicted for a detestable Murder, and thereunto have pleaded not guilty, and put your selves for your Trial upon your Country, and your Country, upon a clear and pregnant Evidence, I believe to the Satisfaction of all good men, that were indifferent, have found you guilty. I have little Comfort to say any thing to you, because I observe your Obstinacy at the Bar; but it is so ge­nerally among you all, you will confess nothing to the Death.

Greene.
God forbid Sir.
Mr. J. Wyld.

But though I am of another Perswasion than you, and know you have no Charity for me, yet I have Charity for you. And if I shall say any thing, it is out of a zealous Affection I have for your Souls; God knows, I speak it upon no other grounds; though the Offence be horrid, yet I commiserate your persons.

For the Nature of your Offence it is Murder; He that sheds mans blood, by Man shall his blood be shed; for in the Image of God created he him. So saith God to Noah, intimating and de­claring thereby, That the intention of God Almighty in the ma­king of that Law, was the preservation of mankind: and that he will not admit or suffer his Image to be defaced or destroyed. If it shall be accounted Treason against Earthly Princes to deface their Images, is it not much more Treason against the great God of Hea­ven and Earth, to deface his Image, who is the King of Kings and Lord of Lords. The Greatness of this Sin struck such a damp and horrour upon the Soul of Cain, that it made him cry out, his Pu­nishment was greater than he could bear, or, as our Bibles have it in the Margin, his Iniquity was greater than could be forgiven; and it shall come to pass, that whosoever meeteth me, shall slay me. Being Conscious to himself, that it was just and lawful, that whosoever did meet with him should slay him. And God himself doth set forth the hainousness of this offence, when he tells him, his Brothers blood cry'd to him, that is, cried unto God from the Earth, for Vengeance. Blood it is of a crying nature, and will ne­ver cease crying, till it find out the Man-slayer.

It is an Offence so hainous in the Eye of God, that he will not endure it in a Beast; God saith, he will require it of a Beast. And doth God require Blood of a Beast, a brutish Creature void of all [Page 90] Reason, and will he not require it much more of Man, whom he hath endued with those two great Faculties of Reason and Under­standing? And certainly if Murder in general be enquired after, I may well say this of yours, there hath not been committed a more impudent and barbarous Murder in this Civiliz'd Nation by one Subject upon another. And observe how you did effect this Murder, with baseness enough. See the baseness of it: As the Devil was the Father of Lies, so he was a Murderer from the beginning; and you first begun your Murder with an Hellish studied and premedi­tated Lie. Knowing that this Gentleman was a person very vigo­rous in the Execution of his place, that would omit no Opportu­nity of doing his Office; you pretend you have occasion for him, and by this means draw him into your snare; where what you do, you do cowardly and basely, first disarm him, then fall all upon him, and murder him; as the Prophet David saith of the ungodly man, first gets the Righteous man in his Net, and then ravisheth him.

Had such a thing as this been acted by us Protestants in any Po­pish Country in the World, I doubt there would scarce have been one of us left alive. They would not have taken this course that hath been taken with you, to admit us to a fair Trial; no, they would have made their own hands their Avengers: But God be praised, we are of another Religion, and of another Perswasion. We leave Vengeance to God, and under him to the Magistrate, who beareth not the Sword in vain, as you now find.

If I could abstract folly from wickedness, certainly it was one of the greatest pieces of folly and sottishness in the world: For what could be your end in it? Did you think that all the Magi­strates in England were lodged in Sir Edmondbury Godfrey? that if he were taken out of the way, there were not men of Spirit and Courage, as faithful and diligent as he was? Trouble not your selves, nor let those of your Perswasion trouble themselves, there are a numerous Company of Magistrates in this Kingdom, that will do the same thing, and act in, and execute their Offices with the same Courage.

And as to the manner of the Murder, whom have you destroy'd? A Magistrate; For what? For the Execution of his Office. One that was a Conservator of the Peace; and whose study it was to preserve you in Peace, on him you have violated the Peace, and nothing less would satisfie you than his precious Life. An Affront to the Law, to the Magistrate, to the King, to the Nation; yea to [Page 91] God himself, upon whom an higher Affront could hardly have been put. For the Magistrate is Gods Ordinance, God hath set him up to avenge himself upon the wicked, and to reward the good; and he doth not bear, as it is a sign by you he hath not born, the Sword in vain.

I might say much more concerning the hainousness of this Of­fence; but had I the tongue of Men and Angels, I could not say enough to set out the horrour of it. And now let me tell you, I do not speak this to insult and domineer over you; I praise God I am of another spirit; he knows I have another end in what I say, and my end is meerly this, to perswade you from the foulness of your fact, to make a good use of it; that the horridness of your sin, may make the greater and deeper impressions on your Spirits; and so make your repentance more sincere and efficacious. Had you as many years to live as you have hours, it were little enough to be­wail this horrid Offence. But on the other side, as that will be little enough, yet let me give you this comfort, you have time enough, if you make a good use of it, to make your peace with God.

Pray let me dehort you from one thing; and that is this, Do not be of the Opinion of those wicked miscreants the Jesuites, that have put you upon this matter; for I have so much Charity for you as to believe, they made it a matter of Religion to you, and justifiable upon that account. Do not think so, for the Law of God is indis­pensible, and no power under Heaven can License to murder. So that though the Offence in them is abominable, yet in you 'tis an Of­fence too, and an horrid one. And when you have consider'd it as such, I then desire you to take a right course to make your peace with God: For you must pass under another Judgment than that of man, and that shortly you must stand before the Judge of Hea­ven and Earth. And therefore if by this means you can prevent that future Judgment, you will have Just cause to thank God that you had your punishment here on earth. Therefore let me advise you to spend every minute you have left, in a free acknowledgment of all your Offences: For certainly some sin went before, or this had never come after. One sin dogs another, and makes way for the Commission of another.

And what must you rely upon? not upon any trash or trompe­ry, not upon any merit of your own, there is but one Saviour and Mediatour, the Lord Jesus Christ. And I would advise you in the words of that great Cardinal, one that was one of the greatest men [Page 92] of your Religion, Bellarmine I mean, who, having made a scru­tiny, which was the safest way for securing Heaven, made the con­clusion thus, To trust Only upon the Lord Jesus Christ for Life and Salvation; which I advise you to do.

I have now done what I intended to say to you; and what I have said, I spoke to deliver my own Soul, and upon no other account. I now pronounce the Judgment which the Law hath appointed to pass upon such Malefactors; and that is this;

That you go from hence to the place from whence you came, and from thence to the place of Execution, where you shall be severally hanged by the Neck, till you are severally dead; and the Lord have mercy upon your Souls.

Hill,
I humbly beg one favour, that I may have the priviledge to see my Wife and Children, and my Brother, before I dye, some­times.
L, C, J,
God forbid else,
Hill,
Any day I hope my Lord.
L, C, J,
Captain Richardson, let them have the liberty of seeing their Friends, but do it with care and caution.
Mr. J, Wyld,
And I will say this more to you, if you will have any Religious Protestant Divines to come to you, they shall be sent you, but none of your Priests.
Hill,
I desire only my Relations.
Mr, J. Wyld,
You shall have them, and we offer you the others.
Green,
I have no Relations that are Catholicks, but two, and they are not Priests. God bless the King; and I desire all good people to pray for us.
L, C, J,
Mr. Astry let the Rule be entred for their Execution on Monday next.
Cl, of the Crown, Captain Richardson, you shall have the Rule for their Execution on Monday next.

Then the Keeper carried away the Prisoners to the Gaol to be reser­ved till their Execution.

On Friday the 21st. of February following, the Prisoners, Robert Greene and Lawrence Hill, were Executed, according to the Sen­tence pronounced against them.
FINIS.

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