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L. C. J. You, Trollep, can you say whether Mrs. Hill. I desire he may swear whether it was the sedan that used to be within ? he were not tortured?
Trollop. No, I cannot, but it was brought in Just. Dolben. Answer ber; were you tore in my time, and did not go out agaiu.
tured to make this confession? Then Gabriel Hasket was examined.
Praunce. No, my lord, captain Richardson
hath used me as civilly as any man in England; Berry. You stood there, Sir, froin one to all that time that I have been there, I have four.
wanted for nothing. Hasket. Yes, after the clock struck one,
1 L. C. J. See what he says ; that he did not was pot centinel, and stood till four.
make this contession by any fortune; but he L. C. J. What night?
made his recantation through tear, and the Hasket. That night the king came from New-thoughts of death, because he had no pardon; Market, and the queen went from Somerset- and fear that he might live in want, by the loss louse.
of the trade, prevailed with him to deny what LC.J. What day of the month was tbai? he had confessed. Hasket, The 16th.
Mrs. Hill. It was reported about town, that L. C. J. What day of the week.
he was tortured. Hasket. Wednesday.
Just. Jones. No, it was no such ching; it was L. C. J. Did you not drink at Berry's then? only the tortures of his conscience, for being Hasket. No, I did not.
an actor in so great a sin. L. C. J. Did you see Berry then?
Mrs. Hill. There are several about the Hasket. No, I did not.
court, that heard himn cry out: And he knows LC.J. He was gone before you came? all these things to be as false as God is true; Berry. I was fast enough a-bed at that time. and you will see it declared hereafter, when ic L. C. J. Well, what say you more?
is too late. Berry. Here is my maid, Elizabeth Min- L. C. J. Do you think he would swear three shaw, to give her evidence where I was that men out of their lives for nothing ? night the queen went from Somerset-House. Mrs. Hill. I desire he may be sworn to Just. Jones. What can you say?
that particular thing. Minshaw. May it please you, my lord, my Justice Jones. He is upon his oath already, master was within doors and about the gate, and swears all this upon his oathi. when the queen went away.
Mrs. Hill. Well, I am dissatisfied; my witLC. J. Who is your master ?
nesses were not rightly examined, they were Minshaw. Mr. Berry. He was about the modest, and the Court laughed at them. gates all the forenoon.
Berry. The centinels that were at the gate L. C. J. When was that?
all night, let nothing out. Minsław. The 16th of October, Wednesday. L. C. J. Why, you could open the gate And as soon as the queen was gone, my inaster yourself. went out to bowls; and when he came home Berry. He says, he could have seen if the again, be said he had been at bowls.
gate had been open, and that, as he saw, the L.C.J. What time did he come home? gates were never opened.
Minshaw. It was dusky, and he was not ab- Justice Dolben. Well, the Jury have heard sent all night an hour, till be went to bed. all, and will consider of it. Just. Wild. When did he go to bed ?
Mrs. Hill. Here is another witness, my lord, Minshuu. My lord, I suppose he went to Mr. Chevins. bed about 12 o'clock.
L. C. J. Well, sir, What say you ? Just. Wild. They do not charge him with Chevins. I have nothing to say, but that I any thing, but what was done about the gate, heard Mr. Praunce deny all.
Just. Dolben. What time did you go to bed L. C. J. Why, he does not deny that now. that night?
Well, have you any more? Minshaw. Why, I went to bed about 12 Chevins. We have no more. o'clock,
dttorney General. My lord, I must crave Just. Dolben. And you saw biin no more leave to speak a word or two; and the Evithat night?
dence having been so very long, I shall be exMinshaw. No, my lord, but he must go ceeding short. I intended when I began to through my room to go to bed at night, and open the evidence) to have made some obtherefore I suppose he was a-bed,
servations after the evidence ended; to shew Mrs. Hill. I desire Mr. Prauncc may swear | how each part of it did agree, and how the why he did deny all this?
main was strengthened by concurrent circumL. C. J. Stand up, Mr. Praunce; that gen- stances. But, in truth, the king's evidence did tewoman does desire to know, what induced fall out much better than I could expect, and you to deny what you had said.
the defence of the prisoners much weaker than Praunce. It was because of my trade, my I could foresee. So that, I think, the proof lord; and for fear of losing my employment against the prisoners is so strong, and so little from the queen, and the catholics, which was hath been alledged by them in their defence, the most of my business, and because I had that it would be but loss of time to do what I Bot my pardon,
at first intended. Only I will observe, That VOL. VII.
Mr. Bedlow doth agree with Mr. Praunce as yoke of the pope's tyranny; and, as it is said far forth as is possible; that is, in those parts there, so say I now, ' Consider of it, take adof the fact, of which he pretends to have any vice, and speak your minds. knowledge. Yet had they never any communi- Mr. Solicitor General. My Lord, I would cation one with another, as both have sworn. only make one observation to your lordship, And your lordship will observe in how many which is this: I do not find they do in the least particulars they do agree; namely, as to the pretend to tax Mr. Praunce, that any person dark-lanthorn, as to the covering of the body in bath bribed him to give this evidence; nor that the room; how they intended to carry the body there was the least reward ever proposed to out in a sedan, and the rest. So that if they him to bear witness against them, not so much had laid their heads together to contrive a story as the hopes of that reward contained in the they could hardly have agreed in so many cir- king's Proclamation; yet Mr. Praunce, if he cumstances; and yet this they do, without dis- had had a mind to bear false witness, might coursing with each other before-hand. have laid hold of that opportunity; but so far
My lord I must likewise observe to you, that was he from pretending to discover any thing, the servants of the Plow-alehouse concur as to that he denied all when he was first appremeetings there: The maid agrees as to the pri- hended. But after he was in hold, and likely soners coming to sir E. Godfrey's house, and to to be brought to justice, and lying under the the time, viz. that Saturday morning; nay, to conviction of a guilty conscience, then, and not the very hours of nine or ten o'clock; that the till then, does he discover it. constable's relation of the posture in which the There is no objection in the world to be body was found in the field, doth perfectly made, but since this discovery, Mr. Praunce agree with the account that the murderers gave hath retracted what he said before, but he thereof to Mr. Praunce the next morning. gives you a very good account of it; the terrors The chirurgeons do agree with Mr. Praunce, of conscience he then lay under, the fears that as to the manner of sir E. Godfrey's being kill he should not be pardoned, and the appreed, the strangling, the bruising of his stomach, hensions he had from the threats on their side, the twisting of his neck. And the witnesses and the danger of his utter ruit, put him upon from Bow inake it out, that Dethick was sent that denial. for; that tbey had a dinner there. The boy But, my Lord, he tells you likewise, That as proves that he overheard them reading some- soon as ever he was brought back to the prithing about sir E. Godfrey, and that they were son, he owned all he had said at first, and devery merry; and that for his listening he was sired he might be carried back again to testify threatened to be kicked down stairs.
the truth of what he had first sworn to. This, So that, I think, there never was an evidence my lord, lie gives you an account of, and the that was better fortified with circumstances same account does the keeper of the prison than this : My lord, I shall be bold to say, give too. I have nothing to say more, but here is certainly as much evidence as the inat- only just to observe the many circumstances ter is capable of. It is not to be expected, that whereby Mr. Praunce's testimony is fortified. they should call witnesses to be by, when they Mr. Bedlow does agree with him in every cirdo such foul facts; so that none can swear di- cumstance, as far as his knowledge went: the rectly the very fact, but such a one as was an maid of the house agrees with his testimony ; actor in it. All circumstances relating to the that says, she saw Green at sir E. Godfrey's fact, both before and after, are made out by several times, though here he denies he knew concurrent testimony. And, my lord, I must bim. That she saw Hill there that very mornobserve, that this was a murder committed ing her master was missed; that he talked with through zeal to a false religion, and that reli- her master a quarter ut an hour; that she knew gion was a bond of secrecy. We all know, his him by a very good token; not only by his majesty hath been graciously pleased, by his face, but also ihat he had the same clothes on Proclamation, to propose a pardon, and a re
then he hath now. ward to the discoverers. And yet almost with. Mr. Praunce hath likewise told you of anoout effect: their zeal to their false religion was ther circumstauce, the meeting at the Plowa greater obstacle, than the Proclamation was alehouse, where they laid the whole design of an incitement to the discovery. And I do be- entrapping sir E. Godfrey; and herein he is forlieve, if Mr. Praunce had not had some incli- tified by the concurrent testimony of the master nation to change his religion, you had still been of the house, and his servant too, though they without so clear a discovery of this work of now deny that ever they had been in his comdarkness, as now you have. I shall say no pany there; or that they so much as knew Gimore, but conclude to the jury with ibat say- rald; though when they were examined at the ing, that I remember in the Book of Judges council-board, they said they knew Girald, but (in the case of a murder too, though of another not Kelly; and now they are pressed with it nature), Judges xix. 30. · The people said here, Hill reireats to this, that he knows one there was no such deed done, nor seen, from Girald, but not Girald the priest. the day that the children of Israel came out My Lord, I think the matter is so fully and
of Egypt.' And I may say there was never so plainly proved beyond exception, that there such a barbarous murder committed in England needs no repetition in the case: it is impossisince the people of England were free from the ble that Mr. Praunce, a man of that mean capacity, should invent a story with so many that which was most pressing in the evidence, circumstances, all so consistent, if there were he went to sir Edmundbury's house. This be not truth at the bottom of it. He shews you seems to deny ; but the maid does swear it exthe particular places, from place to place, pressly upon him ; and says, she came first to wbere they decoyed him in, and how they dis- him, and went up stairs, and then came back posed of him, to the time they carried him out. again, and still he was there. And she swears And in each of these circumstances there is positively she knows him by his face, and hy not the least improbability or cause to disbe- the clothes be then had on, wbich are the same lieve him. It hath been already so fully re- clothes he hath on now, and that is the man peated, and the plainness of the evidence is so was with her master; and this, which they convincing, that I need not make more obser- cannot disprore, half proves the matter. rations upon it, but submit it to your lordship What had he to do at sir Godfrey's house? and the jury.
But that would be an hard puzzling question Then the Lord Chief Justice directed the therefore he is to deny it; but the maid proves
to be put to him: What did you there? And Jury in this manner :
it upon him, as well as Praunce. So that I Look you, gentlemen of the jury, this is an would have you consider how many witnesses inquisition for jonocent blood that hath been you have to one thing or another, all conducshed, and your business is to see if you can find ing to this point. oui the murderers. We would not add inno- You have first Mr. Oates, that tells you the cent blood to innocent blood: but on the other discourse that passed between sir Edmundbury side, if you have received satisfaction so much Godfrey and him ; the maid tells you that both as the bature of the thing can bear, then the these men were there, one at one time, and the land is defiled, unless this be satisfied. Now, other at another; and you have Mr. Praunce, for that I will urge the witness and testimony that knew the whole affair, who tells you so likeno further than it does appear; for you and we wise, and that they were resolved to do the are all upon our oaths to do uprighily, neither work that day, in so much, that if they could Lo spare murderers, nor condemn the innocent. not do it, as they before contrived it (and sir
In the first place, We began with Mr. Oates, Edmundbury Godfrey was sensible that he was and he told you, that he had some converse dogged up and down), Girald did resolve to with sir E. Godfrey, and that he was threatened dogg him to his own duor, and kill hin in the by some, and had no good will for his pains, lane that leads to his house ; he would have run in taking those examinations he had taken, him through himself; and this Girald is one of and he was afraid his life was in danger. This those priests, whose church counts it no sin, be tells you was the discourse before hand, and but an act of charity to murder a christian, to this is produced to lead you to consider what propagate christianity. sort of persons they were, of whom he was When they had way-laid him, and watched likely to have these fears; for his fears did bis coming, from what place Mr. Praunce canarise froin bis having done his part as a justice not tell; for he knows nothing but what they of peace, in taking the examinations upon oath. told bim, and they only named in general, that
For the testimony of the fact, they produce he was lodged in St. Clement's; and thereupon first Mr. Praunce, wherein you will do well to one comes to acquaint loin, that they would enobserve all the degrees that he goes by before tice him in at the water-gate hy Somerset-house, tbe fact, and all the circumstances in the trans- and they would do it with art enough, for they action of that affair, and the parties by whom it never want a contrivance for so charitable an was to be enacted : First he tells you, how long act; And it was upon this pretence that there it was before they could entice din to consent were two inen a wrangling and fighting, and to such a villainy as : his was to murder a man; then he being a justice of the peace, was a perhe tells you by whom he was thus enticed, son that would part the fray easily. which makes the story more probable; that is, And it was a probable invention : For sir E. by Girald and Kelly (two priests); and he tells Godfrey was a man that was as willing to do all it you still more probably by their doctrine, that acts of justice as any one, and as little afraid it was no sin ; but it was rather an act of cha- to do it ; for the witness tells you before, rity to kill a man that bad done, and was like to that he said, if they did do him a mischief, they do them mischief: So that if you consider the must do it basely, for he did not fear the best persons that preached to him, and the doctrine of them upon fair play. Then when he was they taught, it carries a great shew and pre- desired to get himself a man to follow him, he sumption of truth in itself. When they had slighted the advice : And we all know, that he met together at the Plow several times (which was a man of singular courage, and therefore was denied by some of them, but is most ma- it was the easier to lay a trap for him. Then nifestly proved by the master of the house and saith Praunce, when he was got in, Berry and I the boy), and the wished for time was come; were to have several posts, which we were to for they were to watch the opportunity, and go to, I to one place, and Berry to another ; Mr. Praunce was to be at home, and they would and I staid, saith he, till Green threw the cracall him to give his helping hand; he tells you, vat about his neck, and was assisted by Girald that Mr. Hill did go that morning ; for though and the rest that were there. And then, as be talks of an errand before, yet to keep to soon as we could imagine the thing to be done,
Berry comes in, and Praunce comes back from lieved because he denied what he once said ; his standing, and by some motions finds that he for he tells you he had not his pardon, he was was alive, and that till Green twisted his neck in great constervation ; the horror of the fact round; wbich the Chirurgeons say was plainly itself, and the loss of his trade and livelihood a broken neck, and nothing of the wounds was enough to do it. But how short was his which were in his body were given him while denial, and how quick was bis recantation ! For he was alive.
be denied it before the king, not upon oath : When they had done this, he tells you, they He swore it upon oath, but he denies it upon carried him to Mr. Hill's chamber : Berry, Gi- his word only; but by that time he got home rald, Kelly and the rest, all helped him in, and to Newgate, with captain Richardson, he fell there they leave him. Then Praunce goes away down on his knees, and begged him for God's This was on Saturday night. Then Praunce sake to carry bim back to the king, for what I comes again on Monday night, and finds him did say at first, said be, is true, and this denial reinoved to another chamber hard by, where is false. And here could be no tampering, no he saw him by the light of a dark-lantheon, contrivance made use of; no, it is plain there with something thrown over his face; and after- could be no art used to make him retract wards on Tuesday night following they did re- from his first testimony. And these are the parmove him back to Hill's lodgings, and there he ticulars, as to Praunce's evidence. lay till Wednesday night, when they carried Then comes Mr. Bedlow, and tells you, that him out.
he was coinmanded by Le Faire, and the priests Saith Praunce, I saw him that night : ,I was he was acquainted with to insinuate himself the man that helped to carry him out, for it into the acquaintance of sir E. Godfrey; they did was Praunce and Girald that carried him first, not tell him why; they themselves knew prioand it was Green and Kelly who went before, vately wherefore, and ibey did intend him as and took hiin up afterward. He tells you, they an instrument to do it, as appears afterward. set him upon an horseback, and Hill behind He tells you, he got into his acquaintance, by him. They carried him out in a chair, which pretending to go for warrants for the good behawas a thing that used to come in and go out viour and the peace, as he knew sir Ě. Godfrey there, and so the less notice would be taken was willing to have the peace kept; and he was of it. I will observe to you afterwards, on the with him every day almost, for a week or more. prisoners behalf, what is said for them to all Then the priests come a little nearer, and this.
tampered with him to kill a man, an ill man But as to Praunce, you see he hath given you for their turn, and that Mr. Bedlow should be an account from the top to the bottom, from very well rewarded, he should have 4,000). the first transaction between them, from the to kill that gentleman ; but still they kept the time of his being called by thein to help in the name secret. He promised them fair, but murder, and from his seeing the handkerchief broke his word. Afterwards he ineets this comtwisted about his neck, bis neck twisted round; panion that he had most confidence in, and how they disposed of his body at first ; what being taxed with bis breach of promise, said he, removes they made, and when they carried him I bad business, I could not come. Well, said out, who were in company, who relicved them, his companion, you should have been as good and what became of him at last.
as your word; but the thing is done, the perHe says, he saw him set up before Hill on son is killed, and I would have you belp to horseback, and they told him, they had thrown carry him away. He promises to do it, and to him into a ditch, and Girald had run him through meet him at Somerset-house ; accordingly he with his own sword; and in that posture, and comes up on Monday in the evening, and about in that place the constable found him: The nine or ten of the clock at night Mr. Bedlow chirurgeons tell you that it was by the twisting swears, that in his chamber that Praunce says of his neck, and the strangling, that he was he was laid in, he did see the body by the help killed, and not by the wounds; and the very of a dark-lanthorn; and his face was covered bruisings which Praunce speaks of, were found with a cloke or mantle, or some such thing upon the view of the body. So that here is not thrown over him. any one thing that is not backed either in some And these two men, viz. Mr. Praunce and Mr. particular circumstance or other; besides Mr. Bedlow, as the council have observed, bad not Praunce's testimony, who (alone) could give the any confederacy together, for they both swear, narrative of the fact.
that the never had any converse at all ; and And it is no argument against Mr. Praunce if it be so, then it is impossible two men so in the world, that he should not be believed to agree in a tale, with all circumstances, if because he was a party, or because he after de- they never conversed together, but it must be nied what he first said: First because you can true. have no body to discover such a fact, but only It is hardly possible for any man to invent one that was privy to it : So that we can have such a story'; for Praunce it is, I believe. I no evidence, but what arises from a party to find it is no bard thing for the priests to conthe crime. And in the next place, his denial trive such an action ; but for ewo witnesses to after he had confessed it, to me, does not at all agree in so many material circumstances with sound as an act of falshood, but fear. It is not one another, that had never conversed togea good argument to say, that he is not to be be ther, is impossible.
If all this bad been a chimera, and not Mr. Praunce, upon whom I find not the least really so, then Praunce must be one of the no. reflection, except you will call that one, which tablest inventors in the world. And there must to me, as it is circumstanced, is rather an arhave been the mightiest chance in the world, gument for bim than against him, viz. bis that Mr. Bedlow and he should agree so in all going off from what he said. And what sir Rothings; and that the maid should swear, that bert Southwell says is regardable, that when he Hill was there that morning; and that the shewed them the place where he was strangled, constable should find the body, just as they the house to which he was first carried, he did told Praunce they had left him.
it very readily and confidently, but was puzSo that upon the matter, you have two wit- zled to find out the room where he was renesses alonost in every thing: for Mr. Bedlow, moved when he saw him by the dark lanthorra, seeing him in the place murdered, is a plain and would not positively assert where it endence that the thing was done ; and all the was; which shews the integrity of the man, other witnesses, speaking to circumstances both who would else have gone through witbbefore and after, make the evidence plain, that out boggling, for if all were a lie, why these were the persons who did it. And I see should he stick at one thing more than anoDothing incoherent in all Mr. Praunce's testi- ther, but have shewed some room or other? but mony.
when he was confident he appeared so, and I would not urge this so, if I was not satisfied when he was doubtful he appeared so, and so in my own conscience that the relation is true. shewed bimself an honest man. Io the prisoner's defence, there is but one thing These are the particular matters, and, as near that bath any sort of weight; for the young as I can remember, all that hath been materigentlewoman talking of his being constantly at ally offered for the prisoners, against the king's tone at eight o'clock, is nothing ; for she says evidence. For the testimony of the landlord, they always go to bed about nine o'clock, and Warrier, and his wife, it is plainly spoken of ther gire no answer to this, but that it could not another time, for it was the Saturday after the be done in their house but they njust know of it ; Thursday he was found, the 19th of October. but do not shew how that must needs be ; so So that they speak norbing but what is true, and that all their evidence is slight,aud answers itself yet nothing to the purpose ; for the question er eise not possible to be true. All the testi- is, of that which was done the 12th; but they mony that is considerable in this matter, is speak of a time when the tragedy was passed, that which Berry produces; and that is con- so that there is only the single evidence of one cerning the centinels who kept the guard that witness, the centinel, which must be opposed Wednesday night the body was carried out ; to all the concurring evidence given against and he says, there was no sedan carried out. them. And although this evidence be produced but Berry. There was centinels placed at every by one of them, yet it is to the benefit of them one of the gates. all three ; for if it were certain and infallibly L. C. J. That is nothing, for we speak only true, that the centinels did so watch at the gate of this gate, the
great gate ; but I will tell you that no mortal could go out of the place, and what there is that does not arise from these if the darkness of the night might not hinder witnesses, but from the nature of the thing they him from seeing what might go out, or that Mr. were about and the persons that transacted it, Berry's voice being known to him, he might that gives credit to the testimonies of the witnot call to bid, and so Mr. Berry might open nesses, so as to incline any one to believe them the gate without any great caution, or more as things stand at this day, in reference to the particular observation by the centinel, so that known design of the priests to subvert our relithis night escape his observation or remem- gion, for they must justify one ill by another, brance, and yet that the centinel be an honest and the mischiefs they have done will not be man, and speak true, as he thinks, to bis best safe, unless they do more. remembrance, which I leave to your considera- And for the priests being the preachers of tion. But there is one thing the other centinel murder, and your sin, that it is charity to kill tells you, that about eight or nine o'clock (for any man that stands in their way; their doche went off at ten) there was a Sedan brought in, tripe will make you easily believe their practice, and he did not see it go out; and so says he that and their practice proves their doctrine. Such watched from ten to one; and this is the only courses as these we have not known in England tbing which hath any colour in it, in behalf of tillit was brought out of their Catholic countries : the prisoners. But he that says there was no what belongs to secret stranglings and poisonbody went out, says also, that he never saw the ings, are strange to us, though common in Italy. sedan ; but the centinel that was relieved, But now your priests are come bither to be the says, that he saw it go in. Now how far that pope's bravos, and to murder men for the hosingle testimony of Nicholas Wright the centi- nour of his boliness : and as they are inhuman nel will weigh, who says that none went out, I so they are unmanly too; for sir E. Godfrey leave with you, which may be mistaken, either bad not been afraid of two or three of your by reason of the darkness of the night, or those priests, if they would have dealt fairly with him. other particulars I have observed to you.
Berry. He was a gentleman that I never But this is all that can overthrow the whole spoke with in all my life. series of the evidence that bąth been given by L. C. J. You must say and believe, as your