Raymond, when alive, was of the same opinion; and said Saunders, who was then past his senses, was of the same opinion; though I was told by one who was present, when the two justices came to ask his opinion in the matter, he had only sense enough to reproach them for troubling him about the matter, when they were sensible he had lost his meAnd to say truth, the delivering

A Quo Warranto was therefore brought gainst the city in Hilary Term, 1681, to hew by what warrant they pretended to be a Corporation, and to have their privileges menoned in the writ; to which the city pleaded, nd set forth their right; and the king replied, and set forth several matters done by them, contrary to the duty of a corporation: upon which there was a demurrer, of which judg-mory. bent was not given till Trinity Term 1683. the sense of an absent judge, though it I will say nothing of the right of the pro- hath been sometimes practised, is not allowable, ceeding, it having been largely and learnedly for sometimes they deliver another opinion argued for the city; but if the matter were so than what the absent judge is of. Judge clear a case, as the king's counsel and court Withens did so in several cases, when he would have it to be, how came it to pass that in delivered the opinion of sir Edward Her Henry the 8th's time, when the king was so bert, which sir Edward Herbert afterwards, earnestly bent on dissolving the religious cor- in open court, disowned: Judge Holloway porations, in which the public inclination joined served Judge Powell the same trick, if the last with him, the doing it by Quo Warranto was said true. The long depending of the Quo not thought of? It was very plain, that those Warranto had alarmed all the nation, who were pretended religious did not observe the rules, yet quiet, hoping that judgment would be given nor perform the ends for which they were in- for the city, as some of the judges and of the corporated; and certainly their misdemeanors, king's counsel had given out it would; but the against the intent of their being incorporated, contrary was resolved on, and therefore the nawere better causes of forfeiture, than was the tion at the time of the giving the judgment, city's petitioning for a parliament, &c. Yet must be amused with somewhat else, and nothat king took other methods; he had formal thing so proper as a plot: but there was difficonveyances of their lands from most of those culty in that also; for if the pretended plotcorporations and formal surrenders of their ters should be acquitted, it would make the corporations, signed by every individual of the matter worse; and nothing would secure that corporations, and those afterwards confirmed but imposing what sheriffs they pleased on the by act of parliament. And sure the late king city; and accordingly North and Rich being had as much right to bring a Quo Warranto pitched on, the one by a shameless trick, and against Magdalen College for refusing, con- the other by open force, were imposed on trary to their duty, to admit the president the the city. king nominated, if the king had a right to nominate the president (as some judges asserted he had), as king Charles the Second had against the city and it was once in debate, Whether the proceeding against that college should be by Quo Warranto, or before the Ecclesiastical Commissioners? The last was resolved on, not as more legal or effectual, but as more expeditious; in the one, the proceedings being de die in diem;' in the other, from term to term. This only I will observe, that when the judgment against the city was given, which was of the greatest concern to the nation ever contested in any court of Westminster Hall, it was done by two judges only, and no reason of that judgment rendered: whereof Withins, who was one, I think, heard but one argument in the case. It is true, they said

Having gained that point, the proceedings in the Quo Warranto were much quicker than before, and two arguments were only permit, ted in it of each side, the one in Hilary Term, the other in Easter Term; and so the case was ripe for judgment in Trinity Term following, but must be, and was ushered in, with the discovery of a pretended plot: Which so amazed the nation, that though judgment in the Quo Warranto was given two days after the pretended discovery, nobody took any notice of it for several months after it was given. The truth was, nobody durst mutter against it, or question the legality of it; it was enough to have brought any person into the plot to have done it, it would have been called flying in the face of the government, questioning the justice of the nation, and such like cant.

288. The Trial of NATHANIEL THOMPSON, WILLIAM PAIN, and JOHN FARWELL, at the Guildhall of London, for writing, printing, and publishing Letters, importing that Sir Edmundbury Godfrey murdered himself; as also for several Falsities relating to the said Matter printed in several Papers, called "The Loyal Protestant Intelligence:" 34 CHARLES II. A. D. 1682.*

natt; for that they by the instigation of the Devil, &c. the 12th of October, in the 30th yea of this king's reign, at the parish of St. Mary le Strand, in the county of Middlesex aforesaid, with force and arms, in and upon sir Edmund bury Godfrey, kt. in the peace of God and the king then and there being, feloniously, wilfully, and of their malice aforethought, did make an assault, and kill and murder him in this mas

ON Tuesday the 20th of June 1682, before the right honourable sir Francis Pemberton, lord chief justice of his majesty's court of King's-bench, by Nisi Prius, in the Guildhall of the city of London, came on the Trials of Nathaniel Thompson, William Pain, and John Farwell, upon an Information brought against them for several Trespasses and Misdemeanors in writing, printing, and publishing Letters importing that sir Edmundbury Godfrey murder-ner, viz. Green did fold and fasten a linen ed himself, as also for several falsities relating to the said matter printed in several papers, called the Loyal Protestant Intelligence. And the jurors names were as follow: Peter Houblon, John Ellis, William Barrett, Joshua Brooks, Gervas Byfield, Jonathan Lee, George Widdowes, William Sambrooke, William Jacomb, John Delmee, Samuel Bayly, Samuel

: Howard.

THE INFORMATION.

For that in Hillary term, in the 30th and 31st years of this king's reign, in the court of King's-bench at Westminster, by a jury of the county of Middlesex were indicted, Robert Green,——Gerald,† Clerk, Henry Berry, Lawrence Hill, Dominic Kelly, and Philbert Ver.

* From a pamphlet entitled, "The Trial of N. Thompson, W. Pain, and J. Farwell: upon an Information exhibited by the king's attorney general against them, for writing, printing, and publishing Libels, by way of Letters and other Prints, reflecting upon the justice of the nation, in the proceedings against the murderers of sir Edmundbury Godfrey, at Guildhall, on Tuesday June the 20th, 1682. Where after a full hearing they were convicted: Together with an Account of several Affidavits read in his majesty's court of King's-bench and other matters at the time of their receiving Sentence. To which is added by way of Appendix, Several other Affidavits which further confirm the testimony of Mr. Prance, given upon the Trial of Green, Berry and Hill about that murder, with some observations touching the said Thompson, Farwell and Pain. London: Printed for Thomas Simmons at the Princes Arins in Ludgate Street, 1682.

I do appoint Thomas Simmons to print the Trial of Nathaniel Thompson, William Pain, and John Farwell, and that no others presume to print the same. FR. PEMBERTON. July the 8th, 1682.'

+ See vol. 7, p. 159, of this Collection.

handkerchief about his neck, and therewith choaked and strangled him, of which choaking and strangling he instantly died: and the others, viz. Gerald, Berry, Hill, Kelly and Vernatt, were present, aiding, abetting, comforting, assisting and maintaining the sad Green to kill and murder the said sir Edmundbury Godfrey in form aforesaid; and so they the said Green, Gerald, Berry, Hill, Kelly and Vernatt in manner and form aforesaid, him the said sir Edmundbury Godfrey, feloniously, wilfully, and of their malice aforethought, did kill and murder, against the peace of our said lord the king, his crown and dignity: to which indictment afterwards, the said term, the said Robert Green, Henry Berry, and Lawrence Hill severally pleaded, Not Guilty, and put themselves upon the country; and after in the said term of St. Hillary, in the said court of King's-bench at Westminster, for the felony and murder aforesaid, by a jury of their country in due manner were tried, and thereof lawfully convicted and attainted, as by the record thereof in the said court of King's-bench at Westminster remaining more fully appears; which said Robert Green, Henry Berry and Lawrence Hill, were afterwards executed and suffered death, according to the form and effect of the judgment and attainder aforesaid. And whereas one Miles Prance, upon the trial of the indictment aforesaid, was produced a witness and sworn for the king, and gave material evidence against the said Green, Berry and Hill, to prove them guilty of the felony and murder aforesaid: and one William Bedioe, John Brown, Elizabeth Curtis, Zachary Skillarne, and Nicholas Cambridge, upon the trial aforesaid, were witnesses in like manner produced and sworn for the king, and gave divers material evidences against the said Green, Berry and Hill, to prove them guilty of the said felony and murder. And whereas also the said Gerald, Robert Green, Lawrence Hill, Dorainic Kelly, and Philbert Vernatt, at the time of the felony and murder aforesaid,

'there was much art and skill used to procure
⚫ their verdict to the contrary, more particularly
'the refusing of the body, at their instance and
request, to be opened.' And in another ace
of the same Libel, it is further contained as
follows, They say, that if a man or any
other creature be strangled or hanged, and
his body cold, and the blood settled in the
veins (as he must needs be, if your evidence
be true) (meaning the evidence of the said
Miles Prance) run twenty swords through
such a body, not one drop of blood will come
out; but on the contrary, his body, when
found, was full of blood, in so much that
(over and above the cakes or great gobbets of
congealed putrified blood found afterwards in
his cloaths) the constable when he pulled the
'sword out of his body, it crashed against his
back bone, and gobbets of blood and water
'gushed or gubbled out of that wound in abun
dance, not only in that very place where the
sword was pulled out, but in all his passage
to the White-house; especially, there where
his body was lifted over two high stumps, and
also when he was laid upon the table, the
'blood and water so issued out of that wound,
that it run from off the table upon the floor,
' and from thence into the cellar: So that they
do aver, that that wound that he received by that
sword, must of necessity be the cause of his
death. And in another part of the same libel,
it is further contained as follows, They ob-
serve that Bedloe's, before the Committee of
Lords, and your evidence in relation to this
gentleman's death, are as different as the East
is from the West; for you dog him out of
St. Clement's, the other decoys him from
'Charing Cross; you swear he was strangled
with an handkerchief near the stables going

6

'ere Papists, and maintainers of the Romish uperstitions: and the said Gerald, Doinic Kelly, and Philbert Vernatt have fled, ad not yet appeared to the said indictment. nd whereas also by the coroner's inquest ken upon the view of the body of the said sir dmundbury Godfrey lying dead before John ooper, gent. one of the coroners of the said ounty of Middlesex, by the oaths of honest nd lawful men of the same county, above the umber of twelve persons, it was found that ertain malefactors unknown, feloniously, and f their malice prepense, him the said sir Edundbury Godfrey did strangle and choak, of hich he died. The said Nathaniel Thompon, William Pain and John Farwell, well nowing the premisses, and being persons deilishly affected, devising, practising, and with their strength intending the peace and ommon tranquillity of this kingdom of Engand to disturb, and as much as in them lay the ue course of the law to destroy, and subvert nd elude, and the justice of this kingdom of England to defame and scandalize, and as well he said Miles Prance, William Bedloe, John Brown, Elizabeth Curtis, Zachary Skillarne, Vicholas Cambridge, as the said John Cooper, and the bonest and lawful men sworn upon in[uest aforesaid, upon view of the body aforeaid, to bring into the greatest hatred, conempt, and vile esteem with all the king's subects, and to deter the king's subjects from inding, detecting, and proving the designs of Papists against our lord the king, and the truc religion now by law established, and impiously and wickedly devising and intending them the said- Gerald, Dominick Kelly, and Philbert Vernatt, from undergoing the pains and sen. tences by law upon them to be inflicted, for the murder aforesaid, and to aid and assist them (al-to the water-side; Bedloe, that he was smothough they be Guilty) to be found Not Guilty thereof; and to deceive and beguile the king's subjects in the premises with their false affirmations and arguments, and cause and procure that it should be believed and esteemed, that the said Green, Berry, and Hill, the persons for the murder of the said sir Edmundbury Godfrey as aforesaid, convicted and executed, had been convicted and executed unjustly; and that the said sir Edmundbury Godfrey was felo de se, and him self had feloniously murdered. They the said Thompson, Pain and Farwell, their most impious, wicked, and diabolical intentions to fulfil and perfect afterwards, to wit, the 23d of February, in the 34th year of the reign of our now sovereign lord the king, at the parish of St. Mary le Bow, London, with force and arms, &c. falsely, unlawfully, unjustly, wickedly, and diabolically, made, composed, and caused to be printed, a certain false, scandalous, and defamatory Libel, entitled, A Letter to Mr. Miles Prance in relation to the murder of sir Edmundbury Godfrey: In which said Libel amongst other things, it is contained as follows, And hearing that the Coroner's Jury or Inquest were first of opinion, and ac'cordingly declared, he was felo de se, and that

、

VOL, VIII.

6

'thered with a pillow in a room in the great court in Somerset-house; you say, he took horse at Soho; Bedloe says, that he took coach at Clarendon-house, with many more 'such like contradictions; and considering the 'old proverb, fore-warned, fore-armed; a fur'ther and fuller account of the whole mat'ter expect.' And that the said Nathaniel Thompson, William Pain, and John Farwell, their most impious, wicked and diabolical intentions to fulfil and perfect, afterwards, to wit, the 3d day of March, in the said 34th year of the reign of the said late lord the king, at the said parish of St. Mary le Bow, London, aforesaid, with force and arms, &c. falsely, unlawfully, unjustly, evilly, maliciously, scandalously, and diabolically, made, composed, and caused to be printed, another false, scandalous, and defaming libel; entitled, A Se'cond Letter to Miles Prance, in reply to the 'Ghost of sir Edmundbury Godfrey.' In which last mentioned libel, amongst other things, it is further contained as follows, Next, whereas 'my letter saith (and that truly) That the Coroner's Jury were first of opinion, and accordingly declared he was felo de se; and that much art and skill was used to procure 4 S

their verdict to the contrary.' And in ano- 'Domestic Intelligence, or News both from City ther place of the same last mentioned libel, and Country.' In which last mentioned libel, amongst other things it is further contained as it is contained as follows: That there is not follow. And it would be very material, if in the said letter' (meaning the said false e coroner would declare, what he received scandalous, and defaming libel) entitled, for that job, and of whom; and what evi- Letter to Mr. Miles Prance, in relation to the dence he had to induce the jury to find (as the murder of sir Edmundbury Godfrey,' befo inquisition imports) that he was strangled first mentioned, the least item or circumstanc with a linen cloth, a matter of fact never so 'but what will be by undeniable evidence made 'much as spoken of until you came in without to be the truth: So the said Mr. Prance,

.

your evidence, which was not in some weeks after; and I do again aver, that the body was required by the jury to be opened, and was refused; and if the body was in their and the coroner's power (as the Ghost insinuates) such power was concealed from and denied the jury.' And in another place of the same last mentioned libel, it is, amongst other things, contained as follows: He is to understand, that Mr. Brown, the two surgeons (meaning the said Zachary Skillarne and Nicholas Cambridge) and Mrs. Curtis, are not competent (nor can be material) witnesses in this case.' And in another place of the same last mentioned libel, it is further contained as follows: But • Mr. Prance, it will be fully proved, that the body was full of blood, and that there were cakes or gobbets of dried blood, found in his cloaths, which, with his body, stunk extremely: And it will be also fully and effectually proved that his eyes, nostrils, and corners of his mouth were fly-blown.' And in nother place of the same last mentioned libel, among other things, it is contained as follows: And as the seventh and last paragraph, which relates only to the difference betwixt you and Mr. Bedloe's evidence, I must take notice, that what you and he swears is very contradictory.' And in another place of the same last mentioned libel, amongst other things, it is further contained as follows: But I cannot omit to take further hotice of Mrs. 'Curtis's affidavit, in relation to the wax found upon the clothes, in which I cannot say but she may swear true; but this I do aver, that if it be so, those drops were put upon the cloaths long after he was found, and after the jury had sat on the body; for there was no *such thing then on the cloaths. And, I sup· this was some artifice used by those, pose, who either out of interest or design, were de'sirous to confirm his being murdered at So⚫merset-House.' And the said Attorney-General for the same lord the king, gives the court here to understand and be informed; That the said Nathaniel Thompson, William Pain, and John Farwell, in their further prosecution aforesaid, falsly, wickedly, and maliciously, their contrivances and intentions aforesaid, afterwards to wit, the 7th day of March, in the 34th year of our said lord the king, at the parish of St. Mary le Bow, Londen, with force and arms, &c. falsly, unlawfully, unjustly, wickedly, maliciously, scandalously, and devilishly, composed, made, and caused to be printed, a certain other false, scandalous, and defamatory fibel, entitled, The Loyal Protestant and True

.

6

having not as yet vouchsafed an answer to that

letter, he will speedily receive a further lettes relating to that murder, wherein the further truth will not only be fully set forth, and ' other circumstances set out.' And further, that the said Nathaniel Thompson, William Pain, and John Farwell, in their further prosecuting, falsly, wickedly, and maliciously, their contrivances and intentions aforesaid with force and arms, &c. falsly, unlawfully, wickedly, maliciously, and devilishly, con posed, and caused to be printed, a certain other false, scandalous, and defamatory libel, entitled, The Loyal Protestant Intelligence,' &c. In which last mentioned libel, amongst other thing it is contained as follows: Whereas Dick 'Janeway, in this Day's Mercury, promises a answer to the late Letter to Mr. Prance, This is to give him and all the world that such an answer is impatiently expected by the author of that letter, who questions t but to prove every tittle of that letter, to th satisfaction of all mankind: And besides, lu is very desirous that the Courantier (accord ing to his last Packet of Advice from Retar 'would go on, and use his interest, to procure the lord mayor, court of aldermen, and or mon council of London, to inspect the trut ' of that letter; whereby it will appear vitably, that there is not one papist or popisay affected concerned in that letter, or a person 'the proof of the particulars thereof; but th same (with divers other material circums stances relating to the murder of sir Edmund bury Godfrey, and the fraud and had pu upon the world in relation thereto) will be more fully, plainly and manifestly proses without giving ill words, or scurrilous lar guage, or reflections to any persons th really are, or supposed to be thereja (§'cerned in any circumstance whatsoever.' la that the said Nathaniel Thompson, Will. Piz and John Farwell, in their further prostu 2 aforesaid, falsly, wickedly, and malicios their contrivances and intentions, alter, the first day of April, in the 34th year is reign of our said ford the king, with fres arms, &c. at the parish of St. Mary le Bow, London, aforesaid, falsly, unlawfully, unjustly, wickedly, maliciously, scandalously, and de vilishly, made, composed, and caused to be printed, a certain other false, scandaleua, sa defamatory libel, entitled, The Loyal Po testant Intelligence,' &c. In which fast tioned libel, amongst other things, it is a tained as follows; Last Wednesday, Natha niel Thompson, upon summons, appeara

i

before the lords of his majesty's most honour
able privy council, about the letters to Mr.
Miles Prance, concerning the death of sir
Edmundbury Godfrey, where he justified the
matter, and produced the authors, who are
ready to prove (by undeniable and substantial
witnesses, not in the least accused or suspected
of popery, as the malicious party do suggest)
that every tittle and iota of those letters are
true. And that in another part of the last
nentioned libel, amongst other things, it is con-
ained as follows: Mr. Thompson and the
gentlemen his friends are to attend the next
Wednesday at council, where they do not
doubt, but that honourable board will put
them into a method to prove the whole, or any
'particular, which their honours in their great
wisdom shall think convenient to be brought
to the test or examination.' And further, that
the said Nathaniel Thompson, &c. the 23d
day of February, in the abovesaid 34th year of
our said lord the king; and divers other days
and times betwixt the said 23d of February, and
the aforesaid 34th year, and the day of exhi-
biting of the said information at the parish of
St. Mary le Bow, London, aforesaid, know-
ingly, and every of them knowing the said
several libels to be false, malicious, scandalous,
and seditious, with force and arms, &c. falsly,
unlawfully, unjustly, wickedly, maliciously,
scandalously, seditiously, and devilishly, the
said false, malicious, scandalous and seditious
libels uttered and published, and each of them
uttered and published in manifest contempt of
the laws of this kingdom of England, and the
scandal and defamation of the public justice
of the same, to the evil example of all others
in like case offending; and against the king's
peace, his crown and dignity, &c."

Then proclamation for information being made, Mr. Thompson acquainted my lord and the jury with the effect of the information as follows:

them entitled, A Letter to Miles Prance, con'cerning the murder of sir Edmundbury God'frey; and in these letters did suggest, as if he had been felo de se, and do reflect upon every one of the witnesses, as if they contradicted themselves; and also do reflect upon the coroner, as though he had bribed the jury; and do undertake by these arguments, and several others (that you will hear) to prove, that sir E. Godfrey murdered himself. And that in another libel that Thompson printed, called his Loyal Protestant Intelligence,' he says, he will make it out by a cloud of witnesses. This we say is against the peace of the king, and defaming of the justice of the nation: If we prove this matter upon them, you are to find them guilty.

Serj. Maynard. My lord, the matter which you have now before you, is as impudent a thing as ever was done. Gentlemen, sir E. Godfrey was murdered, and Green and the contrivers of it have been executed for it; the matter hath passed the examination of the parliament, and the king and council and cell : Now this Thompson is a printer, I may as well say a printer of libels, for he does constantly print libels against the religion established, and the justice of the nation. The jury that were impannelled upon the coroner's inquest, he says of them, that they at first did agree that he murdered himself, and afterwards did return, and find that he was murdered by others. Gentlemen, it is plain that he was murdered by others, and the particular persons have been tried for it, and found guilty. Now this person after all this, What does he do? He takes upon him to write a letter to Prance (Prance was one of the witnesses in that case) he writes it by the name of a letter, but it is a foul and to mention the particulars) he scandalizes the wicked libel; and therein ('tis too long for me public justice of the nation, he undertakes to

Then Mr. Clare was sworn, and produced a copy of the record of the conviction and attainder of Green, Berry, and Hill, for the murder of sir Edmundbury Godfrey. As also a copy Middlesex, upon the view of the body of the of the inquisition, taken by the Coroner of said sir Edmundbury Godfrey, whereby it is found that he was murdered by them, strangled with a cord by persons unknown. Both which (Mr. Clare having sworn to be true copies)

vindicate the murderers, and to accuse the proceedings of the nation. But, gentlemen, Mr. Thompson. My lord, and you gentlemen we will prove these men guilty of framing and of the jury, this is an information against Na-publishing of these wicked libels, and that is ali thaniel Thompson, William Pain, and John that is needful to be done upon the point of Farwell, and it is for writing and printing evidence. We will call our witnesses. several scandalous libels, about the death of sir Edmundbury Godfrey: In which we set forth, that Green, Berry, and Hill, were indicted for the murder of sir E. Godfrey, and thereof convicted and attainted; and that the said Green, Berry, and Hill, were executed for it: That upon their trial for that matter several witnesses were examined, namely, Mr. Prance, Bedloe, and Curtis, and several others to prove sir E. Godfrey murdered at Somerset-house: And before the trial there was an inquest taken by the coroner of Middlesex, by which it does appear, that sir E. Godfrey was murdered by several persons unknown; and that the defendants, to reflect upon the justice of the nation, and scandalize the witnesses produced at that trial, and to make it believed that these persons died wrongfully, did write and print several scandalous libels and letters, one of

were read.

L. C. J. (Sir Francis Pemberton.) This matter of his being thus strangled, was found before it was discovered who did the murder. It was upon the sight of the body, and they supposed it to be done by a cord, but afterwards it came to light that it was done with an handkerchief.