Hasket. That night the king came from New- L. C. J. What day of the month was that? L. C. J. What day of the week. Hasket. Wednesday. Mrs. Hill. I desire he may swear whether he were not tortured? Just. Dolben. Answer her; were you tortured to make this confession? 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. L. C. J. See what he says; that he did not make this confession by any fortune; 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. Just. Jones. No, it was no such thing; 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. L.C. J. Did you see Berry then? Hasket. No, I did not. L. C. J. He was gone before you came? Berry. I was fast enough a-bed at that time. L. C. J. 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. Just. Jones. What can you say? Minshaze. May it please you, my lord, my master was within doors and about the gate, when the queen went away. L. C. J. Who is your master? 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 it is too late. L. C. J. 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. Justice Jones. 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 Minshaze. Mr. Berry. He was about the modest, and the Court laughed at them. gates all the forenoon. L. C. J. When was that? Minshaw. The 16th of October, Wednesday. And as soon as the queen was gone, my inaster went out to bowls; and when he came home again, he said he had been at bowls. L.C. J. What time did he come home? Minshaw. It was dusky, and he was not absent all night an hour, till he went to bed. Just. Wild. When did he go to bed? Minshaw. My lord, I suppose he went to bed about 12 o'clock. Just. Wild. They do not charge him with any thing, but what was done about the gate. Just. Dolben. What time did you go to bed that night? Minshaw. Why, I went to bed about 12 o'clock. 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? L. C. J. Stand up, Mr. Praunce; that gentlewoman does desire to know, what induced you to deny what you had said. Praunce. It was because of my trade, my lord; and for fear of losing my employment from the queen, and the catholics, which was the most of my business, and because I had Dot my pardon, VOL. VII. Berry. The centinels that were at the gate all night, let nothing out. L. C. J. Why, you could open the gate yourself. Berry. He says, he could have seen if the gate had been open, and that, as he saw, the gates were never opened. Justice Dolben. Well, the Jury have heard all, and will consider of it. Mrs. Hill. Here is another witness, my lord, Mr. Chevins. L. C. J. Well, sir, What say you? Chevins. I have nothing to say, but that I heard Mr. Praunce deny all. L. C. J. Why, he does not deny that now. Well, have you any more? Chevins. We have no more. Attorney General. 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 strengthened 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 alledged 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 Р yoke of the pope's tyranny; and, as it is said there, so say I now, Consider of it, take advice, and speak your minds.' 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 dis-had had a mind to bear false witness, might coursing with each other before-hand. My lord I must likewise observe to you, that the servants of the Plow-alehouse concur as to meetings there: The maid agrees as to the prisoners coming to sir E. Godfrey's house, and to the time, viz. that Saturday morning; nay, to the very hours of nine or ten o'clock; that the constable's relation of the posture in which the body was found in the field, doth perfectly agree with the account that the murderers gave thereof to Mr. Praunce the next morning. The chirurgeons do agree with Mr. Praunce, as to the manner of sir E. 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 overheard them reading something about sir E. Godfrey, and that they were very merry; and that for his listening he was threatened to be kicked down stairs. Mr. Solicitor General. 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 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. There is no objection in the world to be made, but 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 ruin, put him upon that denial. But, my Lord, he tells you likewise, That as soon as ever he was brought back to the pri son, he owned all he had said at first, and desired he might be carried back again to testify 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 only just to observe the many circumstances whereby Mr. Praunce's 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 E. 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 only by his face, but also that he had the same clothes on then he hath now. 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 this was a murder 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 with- Mr. Praunce hath likewise told you of anoout effect: their zeal to their false religion was ther circumstance, 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 that say-rald; though when they were examined at the ing, that I remember in the Book of Judges (in the case of a murder too, though of another nature), Judges xix. 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 murder committed in England since the people of England were free from the council-board, they said they knew Girald, but not Kelly; and now they are pressed with it here, Hill retreats to this, that he knows one Girald, but not Girald the priest. My Lord, I think the matter is so fully and so plainly proved beyond exception, that there needs no 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 : 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 testimony no further than it does appear; for you and we are all upon our oaths to do uprightly, neither to spare murderers, nor condemn the innocent. In the first place, We began with Mr. Oates, and he told you, that he had some converse with sir E. Godfrey, and that he was threatened 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 be 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 enacted: First he tells you, how long it was before they could entice him to consent to such a villainy 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 Kelly (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 itself. When they had met together at the Plow several times (which was denied by some of them, but is most manifestly proved by the master of the house and the boy), and the wished 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 be talks of an errand before, yet to keep to that which was most pressing in the evidence, he went to sir Edmundbury's house. This he seems to deny; but the maid does swear it expressly 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 had on, which are the same clothes he hath on now, and that is the man that was with her master; and this, which they cannot disprove, half proves the matter. What had he to do at sir Godfrey's house? But that would be an hard puzzling question therefore he is to deny it; but the maid proves to be put to him: What did you there? And it upon him, as well as Praunce. So that I would have you consider how many witnesses 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 sir Edmundbury 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 work that day, in so much, that if they could not do it, as they before contrived it (and sir Edmundbury Godfrey was sensible that he was dogged 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 murder a christian, to propagate christianity. When they had way-laid him, and watched 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 lodged in St. Clement's; and thereupon one comes to acquaint him, that they would entice him in at the water gate by Somerset-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 inen a wrangling and fighting, and then he being a justice of the peace, was a person that would part the fray easily. And it was a probable invention: For sir E. 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 finds that he was alive, and that till Green twisted his neck round; which the Chirurgeons 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 helped him in, and there they leave him. Then Praunce goes away. This was on Saturday night. Then Praunce comes again on Monday night, and finds him removed to another chamber hard by, where he saw him by the light of a dark-lantheon, 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 helped 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 horseback, and Hill behind him. They carried him out in a chair, which was a thing that used to come 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 into 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 chirurgeons tell you that it was by the twisting of his neck, and the strangling, that he was killed, 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 backed 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 denied 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 denial 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 be | lieved because he denied what he once said; for he tells you he had not his pardon, he was in great consternation; the horror of the fact itself, and the loss of his trade and livelihood was enough to do it. But how short was his denial, and how quick was his recantation! For he denied 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 begged 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 denial is false. And here could be no tampering, no contrivance made use of; no, it is plain there could be no art used to make him retract from his first testimony. And these are the particulars, as to Praunce's 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 E. Godfrey; they did not tell him why; they themselves knew prinvately wherefore, and they did intend him as an instrument to do it, as appears afterward. 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 E. 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 tampered with him to kill a man, an ill man for their turn, and that Mr. Bedlow should be very well rewarded, he should have 4,000l. 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 taxed 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 comes up on Monday in the evening, and about nine or ten of the clock at night Mr. Bedlow swears, that in his 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 cloke or mantle, or some such thing thrown over him. And these two men, viz. Mr. Praunce and Mr. Bedlow, as the council have observed, had not any confederacy together, for they both swear, that the 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 find it is no bard 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 toge ther, is impossible. If all this had 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 him 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 puzzled to find out the room where he was removed when he saw him by the dark lanthorn, and would not positively assert where it was; which shews the integrity of the man, who would else have gone through without boggling, for if all were a lie, why should he stick at one thing more than another, but have shewed 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. 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. I would not urge this so, if I was not satisfied in my own conscience that the relation is true. In the prisoner's defence, there is but one thing that hath any sort of weight; for the young gentlewoman talking of his being constantly at home at eight o'clock, is nothing; for she says they always go to bed about nine o'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 do not shew how that must needs be; so that all their evidence is slight,and answers itself 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 centinels 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 it is to the benefit of them all three; for if it were certain and infallibly true, that the centinels 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. Berry's 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 centinel, so that this might escape his observation or remembrance, and yet that the centinel 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 centinel tells you, that about eight or nine o'clock (for he went off at ten) there was a Sedan brought in, and he did not see it go out; and so says he that watched from ten to one; and this is the only thing which hath any colour 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 centinel that was relieved, says, that he saw it go in. Now how far that single testimony of Nicholas Wright the centinel will weigh, who says that none went out, I leave with you, which may be mistaken, either by reason of the darkness of the night, or those other particulars I have observed to you. But this is all that can overthrow the whole Beries of the evidence that hath been given by These are the particular matters, and, as near as I can remember, all that hath been materially offered for the prisoners, against the king's 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 centinel, which must be opposed to all the concurring evidence given against them. Berry. There was centinels placed at every one of the gates. L. C. J. That is nothing, for we speak only of this gate, 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 testimonies 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 it is 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 Catholic countries: what belongs to secret stranglings and poisonings, are strange to us, though common in Italy. But now your priests are come hither to be the pope's bravos, and to murder men for the honour of his holiness: and as they are inhuman so they are unmanly too; for sir E. Godfrey had not been afraid of two or three of your priests, if they would have dealt fairly with him. Berry. He was a gentleman that I never spoke with in all my life. L. C. J. You must say and believe, as your |