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A63185 The tryal of Nathaniel Thompson, William Pain, and John Farwell upon an information exhibited by the Kings 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 Edmond-bvry Godfrey : at Guild-hal on Tuesday June the 20th, 1682, where after a full hearing they were convicted : together with an accompt of several affidavits read in His Majesties Court of Kings 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 tryal of Green, Berry and Hill about that murder, with some observations touching the said Thompson, Farwell and Pain. Thompson, Nathaniel, d. 1687, defendant.; Paine, William, defendant.; Farwell, John, defendant.; England and Wales. Court of King's Bench. 1682 (1682) Wing T2207; ESTC R18230 39,778 52

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Jury sate on the said Body and did see the said Body stripped And this Deponent having conferred with the said Thompson and agreeing with him in the circumstances the said Narrative the same day was written in part in the said Thompson's house and being finished was read over by this Deponent and the said Thompson who agreed with this Depononent in the truth thereof George Larkin Jur. 22. die Martii 1681. 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 A True and Perfect Narrative of the late Terrible and Bloody Murther of Sir Edmond-berry Godfrey c. with Allowance Printed by N. T. 1678. ON Friday the Eighteenth of this Instant Mr. Cooper the Coroner of Middlesex impannell'd a Jury at the White-House to Enquire about the occasion of the Death of the said Sir Edmond-berry and two Chirurgions having been first Sworn removed the Body in the presence of the Coroner and Jury and found the Wounds about it which one of the Chirurgions searched with his Probe and found one of them not above an Inch deep the Probe going against one of his Ribs but the other being a little below the left Pap went quite through the Body his Face was of a fresh colour tho' in his Life time very pale somewhat swelled and a green Circle about his Neck as if he had been strangled his blood being setled about his Throat and the upper part of his Breast the Chirurgions having reviewed the Body delivered their Judgments That the Wounds they found about him were not the Cause of his Death but that he was Suffocated before the Wounds were made And that which may fully persuade any person of the Truth hereof is That there was not one drop of Blood to be found in the place where he lay nor the least appearance of any such thing tho' the Ditch was dry and it might have been easily seen if there had been any Another thing was that the very bottom of the soles of his Shoes were as clean as if he had 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 of the Jury Affirmed that a Servant of his Mothers who is owner of the ground were 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 Monday and Tuesday last and at that time there lay no dead Body Belt Gloves Stick or other thing there And notwithstanding he gives himself the Name of the Loyal Protestant Printer this is not the first time he hath been charged wlth Printing Popish Books I take still these Letters and Libels to be a Limb of Popery for Wednesday the thirtieth of October 1678. he was Committed to the Gatehouse at Westminster by the House of Lords for that very matter As for Mr. Farewell he was mightily afraid he should be taken for a Papist Mr. Serjeant Maynard declared he thought he was of no Religion but if he be I know which is most like to justifie such Practises But tho' I cannot say any thing as to his Religion yet I have reason to think the Papists had a great kindness for him for not to mention other things he was Trustee for Fenwick the Jesuite that was Executed and that I think will appear by the following Affidavit and also a kind of Will made by the said Fenwick The Affidavit of John Richardson John Richardson of the Parish of St. Clement Danes in the County of Middlesex formerly Clark to Richard Langhorn Esq executed aged 36 years or thereabouts Deposeth that in or about the year 1670. Mr. John Farwel lately deputy Bayliff of Westminster was employed by the said Mr. Langhorn in the cause between the Jesuits Whitebread Poulten and others and one Mr. John Savage in a sutie in Chancery Concerning Newenham Abby in Bedfordshier And that in the year 1678. About Michaelmas day there having for some time before been another suite in Chancery depending between one Mr. Goodlad and the Jesuits executed and others all the papers in the said cause being removed by the said Mr. Langhorns order before his Imprisonment out of his Chamber Mr. Farwell met this Deponent and said to him where are the papers in the Cause between the Jesuits and Mrs. Goodlad The Deponent told him in the Temple Mr. Farwell said he must have them brought to him to follow the suite that Mr. Langhorn had begun So the Deponent carryed them to him the next day and within some short time afterwards the said cause was finally ended as the deponent hath been since informed Mr. Farwell was also Concerned for the Jesuits as a Trustee for five hundred pounds of Fenwick's mony in Benjamin Hintons hands found by a Jury and given as the Deponent is informed to the Sheriffs of London Notwithstanding which he being Summoned on a Commission of Enquiry to Guildhal about May last and there examined if he had never been a Trustee for any of them he said on his Oath No yet after being charged with his being proved a Trustee for this Five Hundred Pound before the Jury he then confessed he had forgot it And owned he was a Trustee for the Five Hundred Pound before mentioned John Richardson Jur. 3. die Aprilis 1682. Coram me John Moore Mayor Fenwick the Jesuit that was Executed his Will I had taken from me when I was Apprehended and brought to Prison two Goldsmiths Notes one of 400 l. another of 100 l. the Money is in Benjamin Hinton's hands at Birchin-Lane End in Lumbard-street There were also two Bonds each of 126 l. due to me from Mr. Samuel Tyrril but the Bonds are made payable to Mr. John Farwell and Mr. William Brewe There was also a Bill of 50 l. due from Mrs. Olympia Wray Of this I owe to Mr. Hamerton of Mark-road 100 l. which I had received from him with Order to pay it to another Gent. but had not paid it also 40 l. to Mr. Edward Stockton which I Received for him and had not paid it also 10 or 15 l. truly I rather believe 15 l. which I received for Mr. Tho. Pordage who lives now beyond Seas and had an Estate in Kent of 1000 l. a Year since the Kings Restauration and is now reduced to that Poverty that this 20 l. is all he has to live on from Mr. Tho. Lushington in Kent by five or ten pound at a time it being in part of an Annuity of 20 l. a year to be paid Quarterly Also 15 or 20 l. to Alice Kettlewell who lives with the Lady Petre for which she has my Note There are also several Deeds and Bonds betwixt the late Lord Widdrington and George Collingwood of Eshington in Northumberland Esq which the said George Collingwood Ordered me to deliver to Capt. Ralph Widdrington upon the payment of 100 l. but the money not being paid I desire the Writings may be restored to the said Mr. Collingwood or his Heirs These several Sums being paid the rest of the money belongs to the House of St. Omers for which I was employed I desire what money is paid in satisfaction of the Sums abovesaid may be paid into the hands of Mr. John Farwell Attorney at Law of Covent-Garden who will take care to pay it to the persons to whom it belongs I hope care will be taken to pay my Landlady my Chamber-Rent since my Imprisonment also half a Year or three quarters of a Years Rent which I was owing at the time of my Apprehension since all is taken from me and I cannot do it my self she will tell you exactly the time for I cannot As for Mr. Pain I shall only say this that he is brother to Nevill alias Pain a man famous for making the Traytor Coleman's Elegy and for being an Agent and Scribler for Mrs. Cellier and the Papists yet that I may do him right I must tell the World since the prosecution of him for this matter he hath declared himself sorry for what he hath done and not carried it so impudently as the others Thus I hope by Printing these Affidavits the Murder of Sir Edmond-berry Godfrey by the Papists does appear so clear and unquestionable that no Persons for the future can assume the impudence to attempt any further Shams upon it but at the same time must proclaim their Folly in so vain an Undertaking THE END Examinat
found in but would avoid the inaccessableness of the place pretending a Lane near when as that Lane is in effect unpassable with two on a Horse and comes not within 500 yards of the place and the Mounds thither very high and the Constable and his Assistants though they lived in the Parish and well knew the way were forced to break a Gap in the Mounds though they were singly Hors'd And whereas the Ghost alledges That you do not depose he was carried to the place wholly on Horseback he hath run himself into a worse Dilemma having made no provision of men either as to strength or number to carry so great and weighty a Corps in the dead of the Night over such Mounds and Fences but let all inquisitive People desirous of Truth take the pains but to go to the Place and that without any burthen on their backs they will soon be convinced of the Assertion of the difficulty if not impossibility of the bringing a Dead Corps thither either on Foot or on Horseback And the Pretensions of the Ghost's as to the limberness of the Body and Joynts does not answer that part of my Letter which relates to the impossibility of his being put into a Sedan For his Body when found was stiff so that what limberness happened or appeared afterwards hath no relation to the Question For it 's a certain Maxim a dead limber Body cannot be stiff'ned And pray Mr. Prance give us an account what became of the Sedan and the Cords and how you could carry it with Cords for the meanest Sedan-man in Town will tell you it is impracticable or rather impossible And you may if you please make an experiment with a Cord. III. As to the Body being full of Blood when found the Ghost endeavours to disprove that Assertion by the Evidence of Mr. Brown the Constable the two Chyrurgeons and Mrs. Curtiss and produceth the Evidence given at the Tryal of Green Berry and Hill and an extrajudicial Affidavit since made by Mr. Brown and another by Mrs. Curtiss to countenance such his denyal But Mr. Prance when you see the Ghost tell him the matter of the Blood will and I assure you and all the World it will be proved by divers credible and undeniable Evidence And that I may pacifie the Ghost in the mean time he is to understand that Mr. Brown the two Chyrurgions and Mrs. Curtiss are no competent nor can be material Witnesses in this case For Mr. Brown as he did a rash and unaccountable act to give it no worse name in removing the Body before the Coroner and Jury saw it which hath occasion'd all this despute so he must not think to help himself by Affidavits or to justify one Ill Act by another And besides as he unadvisedly and contrary to all Law and Practice removed the Body before the Coroner and Jury came so he did the same in the dark about Eight a clock at night when the Candle was blown out whereby it was impossible for him to look for any Blood so as to find it And neither he or the Chyrurgeons by any day-light saw the Place where the Body was found or where the Sword was pulled out until after 10 a Clock the next day before which time much of the Blood was taken up and the rest trampl'd out of sight by the great concourse of the People which came thither And as for Mrs. Curtiss she only saw the Body after it was brought home when as the Body was stript at the White-House and a Blanket borrow'd there to wrap the Body in So the World may judge of the Truth of her Affidavit But Mr. Prance it will be fully proved that the Body was full of Blood and that there were Cakes or Gobbets of dry Blood found in his Cloaths which with his Body stunk extremely And it will be also fully and effectually proved that his Eyes Nostrills and Corners of his Mouth were Fly-blown tho the Ghost without the least colour of reason pretends it to be contrary to Nature and Reason when as common experience daily evinces the contrary And I do observe that the Ghost omits to take notice of Two material Circumstances in this 3 d. Paragraph viz. The first as to the Swords crashing against the Back-bone The second as to that part of the Sword which was in his Body being discoloured And pray Mr. Prance do You or the Ghost give the Reasons thereof and of its point being rusty As also what was or could be the cause of the Spots in the Shirt Wastcoat and Drawers of Greenish Colour mentioned in Mrs. Curtisses Affidavit IV. As to the 4th Paragraph of my Letter I perceive the Ghost admits that when a man is Strangled or Hanged his Eyes will be extorted and admits that Sir E. B. Godfrey's Eyes when found were shut only he seems to quarrel with the colour of his Face And seeing he admits his Face not black as all Hanged mens are when cold I care not to contest whether his Face was Pale or Ruddy or a little Swell'd or not those being very inconsiderable Circumstances But his denying the putrefaction charged in that Paragraph and the consequences deduced from thence is not only a great untruth but is directly opposite to the evidence given by Mr. Skillard at the Tryal before mentioned Page 37. 38. V. As to the 5th Paragraph the Ghost is so far from answering the Assertions therein as that he only quibbles at words and begging the Question deduces thence impertinent and ridiculous Arguments For it will be proved that his Shoes were glazed at the bottom of the Soles and which must of necessity be occasioned by his walking on the Grass And Mr. Prance if you and the Ghost will walk thither you will easily experience it and so may any body else satisfie himself in this speculation As also as to the grass-seeds that stuck in the seams of his Shoes which is so far from being impossible at that time of the year as the Ghost would argue as that it will be proved by undeniable Evidence But Mr. Prance pray ask the Ghost how he came there without a speck of Dirt and who pick'd the Horse-hairs off his cloaths and let him contrive if he can a probable or rational way for a Dead man on Horse-back to hold up his Legs or to save them or his cloaths from the dirt For though a man may walk thither very clean yet it 's impossible at that time of the year to ride either without being dirtied and some Horse hairs sticking on his Cloaths But perhaps the next account from the Ghost will be that he either rid with Gambadoes or else a pair of Fisher-mens Boots VI. As to the 6th Paragraph Pray Mr. Prance tell the Ghost his railing against Popish Nurses and Popish Midwives is no answer to the Assertions in that Paragraph for all the women in the Town are competent Judges thereof and I hope the Ghost will
these Heads And first not understanding what the Ghost means by arraigning the Justice of the Nation unless he would assert that all that are legally are likewise justly hanged and so consequently that the Mother and her two Sons were justly hanged in Glocestershire for the Murder of the Lady Viscountess Campden's Steward though he afterwards appeared alive And I do not find that ever his appearance arraign'd the Justice of the Nation And remitting the consideration of Mr. Browns the Chyrurgions and Mrs. Curtis's Evidence in relation to the Blood to its proper place and affirming as the truth is that Mrs. celliers Mrs. Mary Gibbon the Newgate Priests James Magragh and all other Irish men or Irish Evidences or other Papist or Papists or Popishly affected persons whatsoever as also those concerned in the late Sham of his having hang'd himself are strangers to and had not the least knowledg or intimation of the Contents of my said former Letter nor any way concerned therein or in or with any part thereof as the said Ghost most falsly and maliciously insinuates I take notice that the said Ghost seems to admit so much of the Truth of the said Letter as that it was reported divers dayes before the dead Body was found that he was murdered in Somerset-House by the Papists and which report was made even the next morning after he was missing being Sunday 13 Octob. 1678. Now I would fain have this Ghost to inform the World who first raised that Report But as to Mr. Dugdale's Letter of it I cannot give it any better Answer than that as his Evidence hath since been disbelieved in matters of greater consequence so he not producing any such Letter you must give me leave also to suspect him in this But as to the other Evidences of Mr. Birch and the rest Theirs I believe to be very true for it 's no miracle that a Report so cunningly raised without any ground might as industriously be promulged to most parts of the Kingdom before the respective days they speak of especially when the Plot had filled all mens heads with Fears and Jealousies without which it had not been in the power or art of the Ghost or any of his Tribe to have suggested the least Surmise to contradict his being Felo de se 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 their Verdict to the contrary This Ghost instead of contradicting that Truth would insinuate as if that Letter reflected upon the Reputation of the Jurors when as there was no such thing imployed or intended they being known to be honest men of good Reputation and free from Fraud or Guile and consequently the easier to be over-reached by the Cunning of those and that Party whose interest it was to deceive them and who never leave any stone unturned to attain their designes And I cannot but observe how skilful and industrious these People still are to hide and prevent the truth of that man's Death from clearly appearing and shining forth as without doubt it would and must do was not the matter now as formerly puzled with Legends and long Stories nothing to the purpose And as to the Coroner's Warrant for burying the Body and recited in the Ghost it 's Notorious they are common Tricks used by men of his Profession who if any money is like to come will usually adjourn the Jury and then make such Warrants they knowing that if the Verdict be Felo de se it 's then out of their power to give leave to bury the Corps And it would be very material if the Coroner would declare what he received for that Jobb and of whom and what Evidence he had to induce the Jury to find as the Inquisition imports that he was strangled with a Linen Cloth a matter of Fact never so much as spoken of until You came in with your Evidence which was not in some weeks after And I do again aver That the Body was required by the Jurors 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 it 's very probable the Coroner of Westminster's assistance was refused for some such indirect doings for that there was not the least difference betwixt the Coroners in relation to their Jurisdictions and the Westminster Coroner came not Voluntarily of himself but was importuned to be there by Mr. Wigg and divers others of the chief Inhabitants of St. Martyn's Parish And particularly the Reverend Dr. Lloyd who Preached the Funeral Sermon spoken to the Coroner of Westminster before he went so that it had been proper to have given the matters mentioned in that Sermon in evidence before the Jury And it 's observable the Person mentioned to give the Information to the Doctor of the two wounds in the Body and that two hours before it was found was never produced For if he had and that Sir E. B. G. had been murthered such person might have been secured and thereby the Murderers detected But I suppose the Ghost will not pretend either that Sermon or the Pamphlet printed by Nat. Thompson to be legal or indeed any Evidence at all And now Mr. Prance being come to the several Paragraphs of my Letter I shall take them in order as they are placed and give the Ghost particular Answers accordingly I. As to Sir E. B. G.'s Perambulations therein mentioned to be on the Saturday he was first missing they are true in every particular and will be proved by divers able credible and undeniable Witnesses And how vain it is for the Ghost to ask Why these Witnesses did not come in sooner at the Tryal of Green Berry and Hill do you judge when all the World remembers the great Torrent that carried all before it in favour of the Plot and the murder of Sir E. B. G. by the Papists without which as T. O. was heard to say his Plot had failed And when it is duly considered that the two persons that first found the Body for no other cause suffered much in their Persons and Estates by a long and chargeable Imprisonment And all others that then seemed to doubt of the truth of that mans being murdered by the Papists were stigmatized with the odious Names of Papists and Discouragers if not promoters of the Plot It will appear no wonder if people were unwilling to discover their knowledges or to come voluntarily without process to give their Evidence And how can it be imagined those three unfortunate men being kept close Prisoners could make enquiry after proper Evidences or against the common Vogue draw into suspition the assertion of his being murdered by the Papists II. The Ghost hath so much ingenuity to grant the 2d Paragraph of my Letter as to the place and posture he was
Edmond-BuryGodfrey about nine of the Clock at night near the water-Gate of Somerset-house that Saturday night that he was first missing from his House in Harts-horn-Lane and that he then passed close by Sir Edmond-Bury Godfrey or words to that purpose Whereupon this Deponent asked his said Nephew are you sure that it was Sir Edmond-Bury Godfrey that you then met near Somerset House how did you come to know him to which his said Nephew made Answer I know him very well for I saw him almost daily pass by Mr. Breed●ns house and he lived in Harts-horn-lane a little below my Masters Brew-house or words to that purpose Ralph Oakeley Jur 4. die Julij 1682. Coram W. Dolbin The Affidavit of Robert Oakeley RObert Oakely of Bisseter in the County of Oxon Maulster maketh Oath that he being in London on Saturday the 12th of October 1678 with his Son John Oakely servant to Mr. Robert Breeden of the Parish of St. Martins in the Fields in the County of Middlesex Brewer that this Deponent did then accompany his said Son John Oakely without Ludgate and there parted with him about Nine a Clock at Night and this Deponent went out of Town on the Thursday following before the Body of Sir Edmond-BuryGodfrey was found And this Deponent further saith that some short time after he coming to Town again the said John Oakely his Son then told this Deponent that upon Saturday the 12th day of October 1678. After he had parted from this Deponent upon Ludgate-Hill as he went home to his said Masters House in Hartshorn-Lane he saw Sir Edmond-BuryGodfrey near Sumerset-House in the Strand and then put off his Hat to him and the said Sir Edmond-Bury Godfrey thereupon put of his Hat to the said John Oakeley again all which this Deponent hath declared to several persons since that time Robert Oakley Jurat 22. die Junij 1682. Coram me John Moore Mayor The Affidavit of John Brown and William Lock JOhn Brown and William Lock both of the Parish of Maribone in the County of Middlesex having been since subpaened to give Evidence for the King upon an Information in the Crown-Office exhibited against Nathaniel Thomson William Pain and John Farwell and not being called at their Tryal 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 Maribone 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 thorow 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 handfull 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 Edmond-Bury Godfrey with whom they were very well acquainted in his Life time The mark of William W. L. Lock John Brown Jurat 30 die Junij 1682. Coram me John Moore Mayor The Affidavit of Benj. Man Benjamin man of London Gent. having been twice subpaened to give Evidence for the King upon an Information Exhibited in the Crown-Office against Nathaniel Thompson William Pain and John Farewell And not being called at their Tryal to give Evidence in open Court maketh Oath That about the time Green was Charged with the Murder of Sir Edmond-berry Godfrey This Deponent coming to the Gate-House in the Morning found the said Green about to be put in Irons and Asking the Turn-Keys What was the matter They told him that Green was Charged with the Murder of Sir Edmond-berry Godfrey And then the said Deponent called to see his Warrant and this Deponent reading of it turn'd to Mr. Green and said I did not think to have found you such a man whereupon Green replyed I am a Dead Man or Words to that purpose Benj. Man Jur. 3. die Julii 1682. Coram me W. Dolben The Affidavit of Robert Forset Robert Forset of Maribone in the County of middlesex Esq having been twice Subpaened to give Evidence for the King upon an Information exhibited in the Crown-Office against Nathaniel Thomson William Pain and John Farewell And being not Called to give Evidence in open Court maketh Oath That Tuesday the fifteenth of October 1678. being the Tuesday after that Sir Edmond-berry Godfrey was missing he this Deponent was a hunting with his Pack of Hounds at the very place where the Body of Sir Edmond-berry Godfrey was afterwards 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 W. Dolben Jur. 1. die Julii 1682. coram me Robert Forset Vid. Green Berry and Hills Tryals fol. 19. 20. As to the time of removing the Body and the Gloves and other things upon the Bank 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 notwithstanding 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 George Larkin of London Printer maketh Oath That having heard the Body of Sir Edmond-berry Godfrey was found this Deponent on the Eighteenth 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 Deponents Assistance and therefore wished this Deponent to take good notice of the Body and Circumstances and promised to do the like himself and this Deponent staid there with the said Thompson till the Coroners