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Nathaniel Thompson, William Pain, and John Farwell, were brought up by rule, to the bar of the court of the King's-bench to receive their Judgment: Mr. Thompson, the counsellor, moved for Judgment, and particularly prayed* they might have some corporal punishment, acquainting the court, that since their trial (though they had as much time and liberty given them by the Lord Chief Justice, to call their witnesses, and examine whom they would, as they could desire) the very next news-book Thompson put out, he took upon him to give an account, as though justice had not been done him; and further said, if there was any doubt of the fact with Mr. Thompson, or Mr. Farwell, or of Mr. Pain, there were affidavits to satisfy the world about it.

Then Mr. Spence's Affidavit was read. Richard Spence, citizen and upholder of London, living in Arundel-street in the Strand, in the parish of St. Clement's-Dane, in the county of Middlesex, having been twice suppœnaed to give evidence for the king, upon an information exhibited in the crown-office against Nathaniel Thompson, William Pain, and John Farwell, and not being called at their trial to give evidence in open court, maketh oath, That upon Thursday the 10th day of October, 1678, it being the Thursday before sir E. Godfrey was missing from his own house in Hartshorn-lane in the Strand: As he this deponent was coming from St. James's market to go to his own house, about 7 of the clock at night, there were then at the Water-gate of Somerset-house, 5 or 6 men standing together, who laid hold on this deponent as he was passing by them, and they taking hold of both this deponent's arms, dragged him down about a yard within the Water-gate of Somerset-house, it being dark; but one of the said men, which this deponent believes to have been Hill, (for that this deponent knew Hill very well, as also his master Doctor Godwyn,) cried out and said this is not he, upon which they immediately let this deponent go. RICHARD SPENCE.

July 10, 1682. Coram me, W. DOLBEN.

Whereupon the Clerk of the Crown said, that it was one captain Spence, whom he knew very well, and that he was a tall black man, and like sir E. Godfrey.

Then John Oakley's Affidavit was read. John Oakley, of the parish of St. Martin's in the Fields, in the county of Middlesex, ser vant to Mr. Robert Breedon of Hartshorn-lane in the said parish and county, brewer, maketh oath, That on Saturday the 12th day of October, in the year of our Lord 1678, about 8 or 9 of the clock in the evening, he was in the

See the prayer or rather perhaps recommendation, or as it might seem direction of Thurlow, Attorney General, in the case of Horne, (A. D. 1777) in this Collection.

city of London, in the company of his father Robert Oakley of Bissiter in the county of Oxon, malster, and his father came with him se far as Ludgate, where they parted. And this deponent going homewards to his master Breedon's house, coming by Somerset-house in the Strand, when he came near the gate of that house which leads down to the water-side, commonly called the Water-gate, which was about 9 of the clock at night, he there saw s E. Godfrey, and passed close by him, and pa off his hat to him, and sir E. Godfrey put of his hat again to him; and after that this depe nent had passed beyond sir E. Godfrey, he this deponent turned about and looked upon him again, and sir E. Godfrey stood still, and there was a man or two near sir Edmund. And this deponent further saith, that he knew sir E Godfrey very well, for that he saw him almost daily pass by his master Breedon's house in Hartshorn-lane, going or coming from his own i dwelling-house, which was also in Hartshortlane. And this deponent further saith, that about 2 or 3 days after, when the rumour was that sir E. Godfrey was missing, he acquainted his fellow-servant Elizabeth Dekin, that be saw sir E. Godfrey, near the Water-gate u Somerset-house in the Strand, that very Satur day night that he was reported to have been missing from his house in Hartshorn-lane. And this deponent further saith, that he told the same thing to his uncle Ralph Oakley of the parish of Little St. Bartholomew, about a week after the time that sir E. Godfrey's body was found; and also that he told the same thing to his father the aforesaid Robert Oakley, and to several others in a short time after.

June 22, 1682. Coram me,

JOHN OAKLEY.

Sworn to again the 1st of July, 1682, b fore Judge Dolben, and is left filled up in the Crown-office.

After which the court consulted together, and Mr. Justice Jones having first set out the greatness of their crime, gave the judgment of the court, which was, That Thompson and Farwell should stand upon the pillory, in the Palace-yard, the last day of term, between the hours of 10 and 1 of the clock, for the space of an hour, and each of them to pay 100/. fine, and to be imprisoned till they had paid it. And as for Pain, he told him, because the court did not conceive him altogether so guilty, they would inflict no corporal punishment on him, but did adjudge him to pay 100/. fine, and to be imprisoned till be paid it.

Afterwards the court was moved to explain their Judgment, it being apprehended that it was pronounced upon the Pillory; and the court did declare that their intention was (and so the expression upon the Pillory was to b understood) that they should stand in the Pillory.*

* As to the needlessness of this explanation, see Rex, v. Bowers, cited in a Note to vel

Accordingly, Wednesday the 5th of July, 1682, Thompson and Farwell stood in the Pillory in the Old Palace-yard at Westminster, with this writing over their heads:

"For Libelling the Justice of the Nation, by "making the world believe that sir Edmundbury Godfrey murdered himself."

At the end of the account of this Trial, pubfished in 1682, was added the following APPENDIX, containing several other AFFIDAVITS, which further confirm the testimony of Mr. MILES PRANCE; given upon the Trial of GREEN, BERRY, and HILL, for the Murder of Sir Edmundbury Godfrey: With some observations touching Thompson, Pain, and Farewell.

murder, no discouragements or dangers they incur (by affronting and arraigning the public justice of the kingdom) hath been able to deter them from impudent attempts (impudent I may say, the rather, because done under a Protestant government) to sham off that murder from themselves, and making the whole prosecution to be only a design and contrivance of the Protestants against them. Witness first, that notorious sham of James Magrath, an Irishman, who (being assisted by the Popish priests, in Newgate, Mrs. Cellier, and Mrs. Gibbon, and others) pretended there were those that could make it appear, and prove, that sir Edmundbury Godfrey hanged himself, and that one Moor, who was clerk to sir Edmundbury Godfrey, cut him down, finding him hanging. Which matter being examined at the council board, and appearing to their honours to be a false and malicious contrivance, the said Magrath was dismissed with security for his appearance, and that project fell to the ground. But for the further satisfaction of the world (though I think nobody did believe that idle story) I shall here insert Mr. Moor's affidavit.

The Affidavit of Henry Moore.

AS it hath been of late by many learned pens, made appear, That the Papists do justify and countenance, nay, esteem meritorious, rebellions, murders, and massacres, against any Protestant prince or people (whom they reckon heretics) for the advancement of their religion; so it is as well known, that if those rebellions, murders, and massacres, be discovered, they can (if they shall think them needful) Henry Moore, late servant and clerk to sir have dispensations to forswear, lie, equivocate, Edmundbury Godfrey, deceased, maketh oath, do any thing to make the world believe that That upon Saturday the 12th of October, 1678, they are innocent, or make Protestants them- his said master having persons come before selves appear guilty of them. That there hath him about justice-business, till about nine of been a Popish Plot, (and a desperate one too) the clock in the forenoon: when the comin England, for the subversion of the Pro- pany were gone, he bade me help him on testant Religion, and Established Government, with his coat, which I did; and immediately I think no man doubts, only some persons he made me pull it off again, and give him whose interest i. is, may deny. And amongst another coat, which I did; and then he girt the several concurring evidences of this Popish his sword about him, and went out from his Conspiracy, the murder of that worthy gentle-house, which was the last time I saw him, till man and magistrate by that party, hath not been the least. That which induced the Papists to this murder, (as well as can be guessed by those who are strangers to that wicked action) was one or both of these considerations; namely, the hopes of finding and seizing the examination of Dr. Oates about the damnable Popish Plot which he had taken, and used to carry about with him, by which they thought to stifle the Plot: or else they thought, by this murder, to affrighten all active magistrates from being vigorous in the future examination, and further prosecution of their horrid conspiracy, though (through God's providence) they have been very much disappointed in both

these ends.

And the Papists are so sensible how much this murder pinches them, that after the conviction and execution of the persons for that

p. 1208, of this Collection. And in general as to the punishment of the Pillory, see the Note to p. 1208, of that Volume, and the passages there referred to. See also the letter of Mr. Justice Powys to Lord Chancellor Macclesfield, in the Case of Rex v. Hendley, (A. D. 1719) in this Collection.

after he was found dead in the fields, which
was the Thursday following. The constable of
St. Giles in the Fields, and several others with
him, came to my master's house, and told us,
that sir E. Godfrey was found dead and laid in
a ditch at Primrose-hill, and a sword thrust
through him; and said he had caused him to
be carried to the White-house: This being
late at night, the next day my master's two
brothers, and sisters, and myself, went thither;
and then I saw him lye upon a table in the
house where the constable had laid him,
which was the first time that I saw him, after
he went out of his own house, on Saturday the
12th of October, 1678. And then we brought
him home to his own house; and as I am in-
formed that there are several scandalous papers,
and words given out, That sir E. Godfrey
hanged himself; and that they do affirm, That
1, the said Henry Moore, should say that I
cut him down; I do hereby depose, That the
said report is utterly false; and that I did not
cut him down, nor ever said any such words to
any person whatsoever; or ever said that sir
E. Godfrey made away himself, or words to
that effect: Which said scandals are all false
and notorious lies.
HENRY MOORE.

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about nine of the clock that very Saturday night that he was first missing, from his house man or two near the said sir Edmundbury in Hartshorn-lane; and that there was then Godfrey: And this deponent further sath That her said master, Robert Breedon, asking her (before the body of sir Edmundbury Godfrey was found) what news there was about sir Edmundbury Godfrey? She, this depones told him, That she heard no news of him, b that her fellow servant, John Oakely had told her, That he met sir Edmundbury Godfrey near the Water-gate at Somerset-house, the very Saturday night he was first missing from his house in Hartshorn-lane. And this deponent further saith, That she then asked the said John Oakely, If he was sure it was sir Edmund ? And he replied, he was very sure it was he, for he put off his hat to sir Edmundbury Godfrey, as he passed by him; and sir Emundbury Godfrey put off his hat to him again; and he also told her, That when he had passed sir Edmundbury Godfrey, he, the mit John Oakely looking back again, saw sir Edmundbury Godfrey stand still, and a man two hard by him,

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ELIZABETH DEKIN.

Coram me, JOHN MOORE, Mayor.

The Affidavit of Robert Breedon. Robert Breedon of Hartshorn-lane in the

Yet, though this matter had proved so unsuccessful, they could not be quiet, but must make one experiment more, and that is contrary to the former: For now they declare, that he made away himself (so far they agree with Magrath) but it was by running his sword through his own body. And Thompson, Farewell, and Pain, are the men that are to manage this new invention; and they write and print the scandalous letters and libels you find in their trial: And lest any one should dare to question the truth of them, they boast, they can prove their assertions by 500 witnesses. Every body thought the murder sufficiently proved upon the trial of Green, Berry, and Hill, and were amazed to hear such a declararation, thinking it hardly possible for men to be so impudent, publicly to declare, they had 500 witnesses to prove a matter, when they had not one, as may be seen by their trial; for every witness made against them; and further proved, that he was murdered, and that parish of St. Martin's in the Fields, in the by strangling. But for these scandalous county of Middlesex, brewer, maketh oath, libels, they were brought before his majesty's That one night, betwixt Saturday the 19th most honourable privy council, who (upon day of October, in the year of our Lord, 1678, their owning those libels) committed them to and before the body of sir Edmundbury GodNewgate; and ordered the Attorney General to prosecute them; and accordingly you find frey was found, he coming home to his house by the trial he did; and they were convicted about nine of the clock at night, asked his ser and have since received judgment, and that vant maid, Elizabeth Dekin, If there were ye judgment hath been executed. But though the any news of sir Edmundbury Godfrey's beng found? or words to that purpose: who remurder was clearly proved at the trial of Green, Berry, and Hill; and though after all plied, That she heard nothing of his being these brags, that Thompson, Farewell, and John Oakely, did positively affirm. That he met found; but told him, That her fellow servant, Pain, made, That they could prove so much at sir Edmundbury Godfrey near the Water gate their trial, they could make out nothing; and at Somerset house in the Strand, that very Saso it was not necessary to call any more wit-turday night about nine of the clock, being the nesses for the king then; yet for the further satisfaction of the world, it hath been thought fit to print (besides what is printed with the trial, upon giving judgment) the following five affidavits all agreeing with Mr. Prance's testimony upon the trial of Green, Berry, and Hill; and as to the fi fr of them, see John Oalde d in the trial, at p. 96.

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same Saturday that he was first missed from
his house in Hartshorn-lane; to which this
deponent replied, Sure John is mistaken: To
which Elizabeth Dekin answered, John Oakely
said, he was sure it was he; for when he met
him, he put off his hat to sir Edmundbury God-
frey, and sir Edmundbury Godfrey put off his
hat to him again.
ROBERT BREEDON,

Coram me, JOHN MOORE, Mayor.

The Affidavit of Ralph Oakely.

Ralph Oakely, citizen and skinner, maketh oath that he was an inhabitant in the parish of Little St. Bartholomews, London, in the month of October 1678, and that John Oakely his nephew, was then and is now a servant to Mr. Robert Breedon, of Harts-horn Lane in the parish of St. Martin's in the Fields, in the county

fiddlesex, brewer. And this deponent er saith, that soon after that the dead of sir Edmundbury Godfrey was found, aid nephew, John Oakely, came to this nent's house in a visit, being as this depobelieves, about the Sunday after that sir undbury Godfrey's body was found. And -falling into discourse of sir Edmundbury frey's being found murdered, his said nev John Oakely then told him this depothat as he was going home to his Mr. don's in Hartshorn Lane, after that he had ed with his father Robert Oakely, about gate, he met sir Edmundbury Godfrey t nine o'clock, at night, near the Water-gate omerset-house; that Saturday night that vas first missing from his house in Harts1 Lane, and that he then passed close by Edmundbury Godfrey, or words to that Jose. Whereupon this deponent asked his nephew, are you sure that it was sir Eddbury Godfrey that you then met near erset-house? How did you come to know ? to which his said nephew made answer, ow him very well, for I saw him almost 7 pass by Mr. Breedon's house, and he lived artshorn Lane a little below my master's 7-house, or words to that purpose. ity 4, 1682. RALPH OAKELEY.

Coram, W. DOLBEN.

The Affidavit of Robert Oakeley. obert Oakeley of Bisseter, in the county xon, malster, maketh oath, that he being London, on Saturday the 12th of October 8 with his son John Oakeley, servant to Robert Breedon of the parish of St. Marin the Fields, in the county of Middlesex, ver, that this deponent did then accompany said son John Oakeley without Ludgate, there parted with him about nine o'clock light, and this deponent went out of town the Thursday following; before the body of Edmundbury Godfrey was found. And this onent further saith, that some short time r, be coming to town again, the said John keley his son, then toldt his deponent that on Saturday the 12th day of October, 1678, er he had parted from this deponent upon dgate-Hill, as he went home to his said ster's house in Hartshorn Lane, he saw sir Imundbury Godfrey, near Somerset-house the Strand, and then put off his hat to him, d the said sir Edmundbury Godfrey thereon put off his hat to the said John Oakeley ain, all which this deponent hath declared to veral persons since that time.

June 22, 1682.

ROBERT OAKELEY. Coram me, JOHN MOORE, Mayor. he Affidavit of John Brown and William Lock.

Jolin Brown an! William Lock, both of the rish of Marylebone in the county of Middle, having been since subpæned to give evice for the king upon an information in Crown-office, exhibited against Nathaniel

VOL. VIII.

Thompson, William Pain, and John Farwell, and not being called at their trial to give evidence for the king, in open Court, each of them severally for themselves maketh oath, that upon Thursday the 17th of October, 1678, the said John Brown, being then constable of Marylebone aforesaid, word was brought to him, that there was a man found dead in a ditch near Primrose-Hill, whereupon this deponent John Brown, charged this other deponent William Lock, and several others to go along with him thither; and when they came to the place where the body lay, the said deponents John Brown and William Lock, went into the said ditch, as also some other persons, which were then with them, some of which are since deceased. And the said deponents viewing the body in what posture. it lay, and finding a sword thrust through the body, they each of them, the said deponents, did feel under the body, and found that the pummel of the sword-hilt did not touch the ground by a handful; but not knowing whose body it was, they the said deponents and others that were then with them, pulled the body out of the ditch, and found that it was the body of sir Edmundbury Godfrey, with whom they were very well acquainted in his life time. June 30, 1682. JOHN BROWN. The mark of WM. W. L. LOCK Coram me, JOHN MOORE, Mayor.

The Affidavit of Benj. Man.

Benjamin Man of London, gent. having been twice subponed to give evidence for the king upon an information exhibited in the Crownoffice against Nathaniel Thompson, William Pain and John Farewell: and not being called at their trial to give evidence in open Court, maketh oath, that about the time Green was charged with the murder of sir Edmundbury Godfrey, This deponent coming to the Gatehouse in the morning, found the said Green about to be put in irons, and asking the turnkeys what was the matter? They told him that Green was charged with the murder of sir E. Godfrey. And then the said deponent called to see his warrant, and this deponent reading of it, turned to Mr. Green, and said I did not think to have found you such a man, whereupon Green replied, I am a dead man, or words to that purpose. July 3, 1682.

Coram me, W. DOLBEN.

BENJ. MAN.

The Affidavit of Robert Forset. Robert Forset of Marylebone, in the county of Middlesex, esq. having been twice subponed to give evidence for the king, upon an information exhibited in the Crown-office against Nathaniel Thompson, William Pain and John Farewell and being not called to give evidence in open Court, maketh oath, that Tuesday the 15th of October, 1678, being the Tuesday after that sir Edmundbury Godfrey was missing, he this deponent was a hunting with 4 U

and bloody Murder of sir Edmunk Godfrey, &c. (with allowance.) Prim by N. T. 1678.

his pack of hounds, at the very place where the body of sir E. Godfrey was afterwards A True and Perfect NARRATIVE of the late te found, and beat that very place with his hounds and the body was not then there, nor any gloves nor cane thereabout. The said deponent further saith, That the same day Mr. Henry Harwood, requested him this deponent that he would let him have his hounds the next day after being Wednesday, and he would find that hare which they could not find on Tuesday, or words to that purpose. And this deponent further saith, That he the said Harwood, hath several times since affirmed, That he did accordingly hunt in the same place and beat the same ditch, and said that the body was not there that Wednesday at noon, which said Henry Harwood is now newly dead. July 1, 1632.

RODERT FORSET.

Coram me, W. DOLBEN.

But because it may be thought strange that Protestants should espouse the cause of the Papists, it may be fit to give some account what these persons are, who have so zealously appeared in this matter; it is to be supposed (not without some ground) that Thompson (notwith standing his pretence that he was drawn in) knew those things he printed in the letters or several of them to be falsities, for Mr. George

Larkin does swear as follows:

The Affidavit of George Larkin.

On Friday the 18th of this instant, Mr. C per the coroner of Middlesex impannelled jury at the White House to enquire about occasion of the death of the said sir Edm bury and two surgeons (having been sworn) removed the body in the presence of coroner and jury, and found the wounds de it, which one of the surgeons searched vi his probe, and found one of them not abonn inch deep, the probe going against one of ribs, but the other being a little below the le pap, went quite through the body, his i was of a fresh colour, though in his life tas very pale, somewhat swelled, and a gree circle about his neck, as if he had been strang led, his blood being settled about his throat, the upper part of his breast, the surgeons ing reviewed the body, delivered their jur ments, that the wounds they found about were not the cause of his death; but that was suffocated before the wounds were ma And that which may fully persuade any pent of the truth hereof is, that there was not d drop of blood to be found in the place wheels though the ditch was dry, and it might have lay, nor the least appearance of any such thing been easily seen if there had been any. Are ther thing was, that the very bottom of t soles of his shoes were as clean as if he h but just come out of his own chamber, which was an evident sign that he was carried thither

A third thing very remarkable is, that one the jury affirmed that a servant of his mothers (who is owner of the ground where the body lay) with a butcher and two boys, made a very strict and narrow search in all parts of that ground for a calf that was missing upon Mon day and Tuesday last, and at that time there hy no dead body, belt, gloves, stick, or other thing, there.

George Larkin of London printer, maketh oath, that having heard the body of Sir Edmundbury Godfrey was found, this deponent on the 18th of October, 1678, went to see the said body which then lay at the White-house near Primrose-hill, and there met with Nathaniel Thompson, of London, also printer, who then proposed to this deponent the writing of a narrative thereof to print, wherein he desired this deponent's assistance, and therefore wished this deponent to take good notice of the body And notwithstanding he gives himself the and circumstances, and promised to do the name of the Loyal Protestant printer,' the like himself, and this deponent staid there with is not the first time he hath been charged with the said Thompson till the coroner's jury sate printing popish books, (I take still these let on the said body, and did see the said body ters and libels to be a limb of popery) for Wedstripped. And this deponent having conferred nesday the 30th of October, 1678, he was com with the said Thompson, and agreeing with mitted to the Gatehouse at Westminster, by the him in the circumstances; the said narrative, House of Lords for that very matter. As fer the same day, was written in part in the said Mr. Farewell, he was mightily afraid he should Thompson's house, and being finished, was be taken for a papist, Mr. Serjeant Maynard de read over by this deponent and the said Thomp-clared he thought he was of no religion: but son, who agreed with this deponent in the truth thereof.

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Coram me, J. MOORE, Mayor. And upon this sight of the body, and comparing of notes with Mr. Larkin, he puts out a little pamphlet intituled, A True and Perfect Narrative,' &c. in which there is a paragraph or two quite contrary to what he prints in the letters. pray take it in the words of it.

if he be, I know which is most like to justify such practices. But though I cannot say any thing as to his religion, yet I have reason think the papists had a great kindness for his, for (not to mention other things) he was truste for Fenwick the Jesuit that was execute and that I think will appear by the following Affidavit, and also a kind of Will make by the said Fenwick.

See vol. 7, p. 311, of this Collection

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