that are not of the jury, to withdraw forthwith, upon pain of 100l. a man. Cl. of the Cr. Make an O Yes. Crier. O Yes! if any one can inform our sovereign lord the king, the king's serjeant at law, the king's attorney-general, or this inquest now to be taken of the felony and murder whereof Robert Green, Henry Berry, and Lawreuce Hill, the prisoners at the bar, stand indicted, let them come forth and they shall be heard, for now the prisoners stand at the bar upon their delivery. And all others that are bound by recognizance to give evidence against the prisoners at the bar, let them come forth and give their evidence, or else they forfeit their recognizance. Cl. of the Cr. 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 called, and personally appear, are to pass between our sovereign lord the king and you, upon trial 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. Crier, make an O Yes. Crier. O Yes; you good men that are impannelled to enquire between our sovereign 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. Crier. Vous avez, Sir William Roberts. Cl. of the Cr. Sir William Roberts to the book. Crier. Sir William Roberts, look upon the Prisoners: you prisoners look upon the jury. You shall well and truly try, and true deliverance make, between our sovereign 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 administered to the rest, and their names were as follow: Sir William Roberts, bart. Sir Richard Fisher, bart. Sir Michael Heneage, kt. Sir Thomas Bridges, kt. William Averry, Charles Humphrevile, John Bathurst, Richard Gowre, Thomas Henslowe, John Sharpe, John Haynes, and Walter Moyle, esquires. Cl. of the Cr. 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 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 that they, together with, &c. (as before) against the peace of our sovereign lord the king, his crown and dignity. Upon this indictinent 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 enquire, 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 enquire 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 enquire, 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 fly for it, say so, and no more, and hear your evidence. Crier, make proclamation. Crier. 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. 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 Vernatt, did the twelfth of October last, at the parish of St. Mary le Strand in this county, feloniously, wilfully, and of their ma lice aforethought, assault the person of sir Edmundbury Godfrey, kt. and that the prisoner, Robert Green, did put about the neck of the said Sir Edmundbury a twisted handkerchief, and did with that twisted handkerchief so choke and strangle the said Sir Edmundbury, that he immediately died; and that the other prisoners, Henry Berry and LawKelly, and Vernatt, were aiding and assisting rence Hill, with the other persons, Girald, the said Robert Green to murder the said Sir Edmundbury; and so the prisoners at the bar, with the said other persons, the said Sir Edmundbury Godfrey did kill and murder, M against the king's peace, his crown and dig nity. To this they have pleaded Not Guilty, and for their trial have put themselves upou their country, which country you are. If we prove them or any of them guilty, you are to find it so. Attorney General (Sir William Jones). May it please your lordship, and you gentlemen of this jury, the prisoners who stand now at the bar are indicted for murder. Murder, as it is the first, so it is the greatest crime that is prohibited in the Second Table. It is a crine 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 tried before your lordship is, it may be, the most heinous 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 esidence 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 remembered by the jury. My lord, upon the discovery of the late horrid plot Lord Chief Justice (Sir William Scroggs.) And present Plot too, Mr. Attorney: but pray go on. Att. Gen. If your lordship please, you may call it so, for it is to be feared they have not yet given it over: but upon the discovery of that Plot (call it late or present) sir Edmundbury Godfrey (whom I suppose the jury all knew, and every man that lived thereabouts 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 taking 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-alehouse, and there they did consult how to take away the life of sir E. Godfrey. And they made several attempts to do it: one while they dogged him into the fields, another while they sent people to spy when he came abroad, that they might follow him into some dark alley, or other obscure or unfrequented place, and there dispatch him; and at last, after many attempts, they succeeded in that wicked one, when the niarder was committed. My lord, there are contained in this indictment six offenders, all principals; three of them, I think, are priests, or at least two of them are so; that is, Father Girald an Irishman, Father Kelly likewise of the same nation, and one Vernatt, whether a priest or layman I know not. These priests (as they are always the first that contrive mischief, 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 E. 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 E. 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 St. Clement's church, where these murderers 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 o'clock at night: and your lordship knows that at that time of the year it is then dark. He coming from about St. Clement's church towards his own house near Charing Cross, notice was given to the murderers of his approach near to Somerset-house. And thus they had laid their bloody contrivance: some of them were appointed to meet him at the back-gate of Somerset-house, and to inform him that there was a quarrel in the yard, and he being a man always 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 queen's 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 | dead, and that he saw him by the help of a dark to go down; but being very much importuned lanthorn, of which, and other circumstances, I by them, down he went, through the back-shall have occasion to make use hereafter. gate into the yard, where were indeed two men scuffling together, but counterfeitly; the ode was Berry, the prisoner here; the other was Kelly, the priest that is run away. And when sir E. Godfrey was come, and within their reach, then, as it was before contrived, the fray of itself ended, and Berry goes to the lower water-gate, and Mr. Praance (who was in that foul fact, but hath since repented, and hath made this discovery) to the upper-gate, keep back any casual passengers for a little while, till such time as the murder was over. My lord, things being thus prepared, whilst sir E. 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 linen 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 blood of an adocent 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 aud strangled him. And this was done (as it is easy 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 bim, yet it so happened, that when Mr. Praunce came back from keeping sentinel at the gate, there was some life left in sir E. God frey; he did stir his feet, and thereby they perceived that he was not quite dead. But to make thorough work with him, Green (who begun, and was to give an accomplishment to this bloody fact) takes hold of his head and twists his neck round, and stamps upon his breast, the marks of which outrageous cruelty did plainly appear in his body after it was found. run him My lord, after they had thus killed him, Girald the priest thought he was not yet dead enough, and was very willing to 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 blood in that place; and so they forbore it for that time. Having thus dispatched 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, it was on Monday night, two nights after the fact was committed) they brought him into another room and laid him there, with a cloke thrown over him. And I mention this last so particularly, because he then happened to be seen by another witness bere present, who concurs as to his lying there My lord, after he had lain in Somersethouse 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 this 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 Somersethouse 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 Somerset-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 pat him into the sedan, Mr. Praunce and Girald first carried 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 carried him to the Grecian church near Soho: 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 murderers 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 humanity, (I believe there is none can think they had much of divinity) that they did in a paper, set down a narrative of this heroic act: and I doubt not, but by this time it is sent to Rome, where it finds as great approbation, sud 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 Queen's-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 E. 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 particuJars must arise from one who was party to the fact, yet, my lord, I will undertake, before I have done, so to fortify almost every particular he delivers, with a concurrent proof of other testimony, and the things will so depend upon one another, and have such a connection, that little doubt will remain in any man's mind, that is come hither without prepossession, but that sir E. Godfrey was murdered at Somersethouse, and that the persons who stand now indicted for it were the murderers. Recorder. (Sir George Jefferies.) 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. Crier. Mr. Oates, lay your hand on the book. The evidence you shall give for our sovereign lord the king, against Robert Green, Henry Berry, and Lawrence Hill, the prisoners at the bar, shall be the truth, the whole truth,and nothing but the truth. So help you God. Solicitor General. (Sir Francis Winnington.) Pray, Mr. Oates, will you give my lord and the jury an account what transactions there were between you and sir E. Godfrey; and that, my lord, is all we call him for. Att. Gen. My lord, I call this gentleman to prove what examinations sir E. Godfrey had taken, and what was his own opinion of himself about them. L. 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. Att. Gen. It is so, my lord; and that it was his opinion himself that he should have some mischief from them for it. L. C. J. Come, Mr. Oates, pray tell your knowledge. Oates. My Lord, upon the 6th of September last I did go before sir E. 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 E. 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 myself, 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 inclined 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 21st of October following. My Lord, that week before sir E. Godfrey was missing, he came to me, and told me, that several popish lords, some of whom are now in the Tower, had threatened him, and asked him what he had to do with it My Lord, I shall name their names when tim shall come. My Lord, this is all I can say he was in a great fright, and told me, he wen in fear of his life by the popish party, and tha he had been dogged several days. Att. Gen. Did he tell you that he wa dogged? Oates. Yes, he did; and I did then ask him why he did not take his man with him; he said he was a poor weak fellow: I then asked 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 hun 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. Att. Gen. We desire Mr. Robinson may be sworn. Which was done accordingly. Recorder. Pray sir, will you tell the court and the jury, what discourse you had with sir E. Godfrey, and what apprehensions he had concerning this business. Tho. Robinson, esq. (Chief Prothonotary of the court of Common pleas.) My lord, sir E. Godfrey and I were of a very aucient acquaintance for above forty years; we were bred up together at Westminster-school, and continued in that acquaintance all along, except in the times 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 7th of October, which was Monday, as I take it, and meeting there, we went, after the court was up, and dined with the head bailiff, as the custom is; where sir E Godfrey and I did discourse several things about this Plot; I said to sir E. Godfrey, I understand you have taken several examinations about this Plot, that is now made public: truly, said he, I have; but I think I shall have little thanks for my pains, 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 very glad to understand, sir Edmundbury, 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 tamely. Why do not you go with a man, said I, life if you have that fear upon you? Why, said he, I do not love it, it is a clog to a man. But, said I, you should do well to keep a man; observe you never go with one. Att. Gen. But did he tell you, Sir, that he did believe he should be the first martyr? Robinson. Yes, he did say, Upon his conscience, he did believe he should be the first mayr; and this is all I can say of this busi ness. Att. Gen. Then, if your lordship please, we wil, in the next place, call Mr. Praunce, who was drawn in to be present at this business, and who knew of all the fact, and will give you account of the whole matter. Then Mr. Praunce was sworn. Alt. Gen. Pray, Sir, begin at the very beCaning; the meetings you had at the Plough alehouse, and the sending to sir Edmundbury's house, and all the story. L.C.J. 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. Praunce. My lord, it was about a fortnight or three weeks before he was murdered, we met several times at the Plough alehouse. L.C.J. With whom? Prance. With Mr. Girald, Mr. Green and Mr. Kelly. Girald and Kelly did intice me in, and told me it was no sin. Recorder. Girald and Kelly did? Alt. Gen. Do you know of any sending tó his house, or going to it? 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. Praunce. Two priests: And they said, it was no sin, it was a charitable act: They said he was a busy man, and had done and would do a great deal of mischief, and it was a deed of charity to do it; and so they told the rest besides. Att. Gen. Where was it they said thus? Prance. They said it at the Plough, and by the water-side. Recorder. Well said. How long was it before be died? Hill. What time was that in the morning? Praunce. It was about 9 or 10 o'clock in the morning. Hill. And had we been there before or after? Praunce. You had been there before. 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. All. Gen. What discourse had you then? 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 Att. Gen. But before you come to that, do you know of any dogging of him into the felds? Praunce. As soon as they heard he was within, they came out and staid for his coming out, and dogged him. L. C. J. Did all three of them go to his house? Praunce. They told me so themselves, for they came to give me notice. It was Girald and Green both. Praunce. He told me one of them, but I am not certain which. And so, my lord, after that, when he came out they dogged him that day up and down. Mr. Justice Jones. Who dogged him? Praunce. Girald, Green and Hill dogged him into St. Clement's; and about seven o'clock, Green came and gave me notice, that he was at St. Clement's, and I came to Somerset-house as fast as I could. L. C. J. Praunce. L. C. J. set-house? Where were you? How far did you live from Somer Praunce. I lived in Princess-street, not far from Somerset-house. Recorder. Who was it gave you notice? Praunce. It was Green. He told me, that Pruunce. Yes, it was before that, I heard Girald and Kelly were watching him, and that them say they would, and had dogged him into he was at St. Clement's. Where was he? At St. Clement's, my lord. Praunce. I was not there, they told me so, and no more; and about eight or nine o'clock, Recorder. Which way did they dog him? Hill came before, up the street, and gave us no⚫ |