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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A63219	The tryals of Robert Green, Henry Berry, & Lawrence Hill for the murder of Sr. Edmond-bury Godfrey kt., one of His Majesties justices of the peace for the county of Middlesex at the Kings-Bench bar at Westminster, before the Right Honourable Sir William Scroggs ... on Monday the 10th of February 1678/9 : where, upon full evidence they were convicted, and received sentence accordingly on Tuesday, the next day following.	Green, Robert, d. 1679.; Berry, Henry, d. 1679.; Hill, Lawrence, d. 1679.; England and Wales. Court of King's Bench.	1679 (1679)	Wing T2256; ESTC R24642	68,735	97

Tryal 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 Cryer Make an O Yes Cryer O Yes You good Men that are Impannel'd to enquire between our Soveraign 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 Cryer Vouz avez Sir William Roberts Cl. of the Cr. Sir William Roberts to the Book Cryer Sir William Roberts look upon the Prisoners You Prisoners look upon the Jury You shall well and truly Trie and true Deliverance make between our Soveraign 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 administred to the rest and their Names were as follow Sir William Roberts Bar nt Sir Richard Fisher Bar nt Sir Michael Heneage K nt Sir Thomas Bridges K nt William Avery Esq Charles Umphrevile Esq John Bathurst Esq Richard Gowre E Esq Thomas Henslowe Esq John Sharpe Esq John Haynes Esq Walter Moyle Esq Cl. of the Cr. Cryer Count these Sir William Roberts Cryer One c. Cl. of the Cr. Walter Moyle Cryer Twelve Good men and true stand together and hear your Evidence Gentlemen are you all sworn and you that are not sworn pray withdraw The Standing-place for the Jury being so throng'd that those who were sworn had not room to stand together the Clerk of the Crown was Order'd to make Proclamation thus Clerk of the Crown Cryer make proclamation Cryer O yes My Lords the Kings Justices doth straitly charge and command all persons that are not of the Jury to withdraw forthwith upon pain of one hundred Pounds a man Clerk of the Crown 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 Saint 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 Soveraign Lord the King his Crown and Dignity Upon this Indictment 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 inquire 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 inquire 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 inquire 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 flie for it say so and no more and hear your Evidence Cryer make Proclamation Cryer 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 Then Sir Thomas Stringer Serjeant at Law of Counsel with the King in this Cause opened the Indictment thus 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 Vernat did the twelfth of October last at the Parish of Saint Mary le Strand in this County feloniously willfully and of their malice afore thought assault the Person of Sir Edmondbury Godfrey Knight and that the Prisoner Robert Green did put about the Neck of the said Sir Edmondbury a twisted Handkerchief and did with that twisted Handkercheif so choak and strangle the said Sir Edmondbury that he immediately died and that the other Prisoners Henry Berry and Lawrence Hill with the other persons Girald Kelly and Vernat were aiding and assisting the said Robert Green to murder the said Sir Edmondbury and so the Prisoners at the Bar with the said other persons the said Sir Edmondbury Godfrey did kill and murder against the Kings Peace his Crown and Dignity To this they have pleaded not guilty and for their trial have put themselves upon their Country which Country you are If we prove them or any of them guilty you are to find it so Then Sir William Jones his Majesties Attorny General opened the Evidence in this manner Mr. Atorney General May it please your Lordship and you Gentlemen of this Jury the Prisoners who stand now at the Bar are indicted for murther Murder as it is the first so is it the greatest Crime that is prohibited in the Second Table It is a Crime 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 tryed before your Lordship is it may be the most hainous 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 Evidence 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 remembred by the Jury My Lord upon the discovery of the late horrid Plot. Lord Chief Justice And present Plot too Mr. Attorny But pray go on Mr Attorney General If your Lordship please you may call it so for t is to be feared they have not yet given it over But upon the discovery of that Plot call it late or present Sir Edmondbury Godfrey whom I

Praunce They carryed him to Long-Acre Then we took him up and carryed him to Soe-hoe Church and there Hill met us with an horse and wee help'd the body up Mr. Att. G. Who was it that rid behind him Mr. Praunce It was Hill Mr. Att. G. What did you do with your Sedan Mr. Praunce We set it in a new house till we came back again L. C. J. You say you saw him on horseback Mr. Praunce Yes My Lord I did L. C. J. How in what posture Mr. Praunce Astride his leggs were forced open and Hill held him up Hill Did I hold him Mr. Praunce Yes you did L. C. J. Did the others go with him Mr. Praunce Yes My Lord. L. C. J. Who did go with him Mr. Praunce Green Hill Girald and Kelly Mr. Att. G. Pray will you tell my Lord and the Jury what accompt they gave you the next morning concerning the Body and how they had disposed of it Mr. Praunce They told me L. C. J. Who told you Mr. Praunce Hill Kelly and Girald L. C. J. What did they tell you Mr. Praunce First that they had run him through with his own Sword then thrown him into a Ditch and laid his Gloves and other things upon the Bank Mr. Att. G. Pray tell now the story of your meeting at Bow What was the house called you met at Mr. Praunce It was the Sign of the Queens Head Mr. Att. G. Who was it that did meet there Mr. Praunce They were Priests I can't so well remember their names they are written down in this paper Mr. Record Look on the paper yourself you can read I suppose Mr. Praunce There was one Luson a Priest I think Mr. Att. G. Where did he live Mr. Praunce He was with Vernatt Mr. Att. G. What was the occasion of your meeting there Mr. Praunce Vernatt told me only it was to be merry there Mr. Att. G. What was the man of the House his name Mr. Praunce One Casshes Mr. Att. G. Did you dine there Mr. Praunce Yes Mr. Att. G. What had you for dinner Mr. Praunce We had a Barrel of Oysters and a dish of Fish I bought the Fish my self L. Chief Just What day was it Mr. Praunce The Friday after the Proclamation that all the Papists were to be gone out of Town Mr. Record Tell what company you had there and what Discourse Mr. Praunce There was Mr. Vernatt and I and Mr. Girala and that other Priest and one Mr. Dethicke Mr. Att. G. Who sent for him Mr. Praunce Mr. Vernatt sent a Note for him by a Cobler Mr. Att. G. Did he come upon that Note Mr. Praunce He came presently And when he was come then they read all the writing of the murder for Mr. Vernatt should have been one at the doing of it but something happen'd he could not Mr. Att. G. Mr. Vernatt was very sorrowful at the reading of it was he not Mr. Praunce If he was it was because he was not there Mr. Att. G. How did he behave himself Did he read it with any Pleasure and Delight Mr. Praunce We were all very merry Mr. Att. G. What can you say about any body 's over-hearing you Mr. Praunce There was a Drawer came and listned at the Door and I hearing the Door a little rustle went to the Door and catch'd him listing and said I to him Sirrah I could find in my Heart to kick you down Stairs and away he went Mr. Just Wild. Was Vernatt with you there that night he was murdered the Saturday Night Mr. Praunce No there was only the Six I have named Mr. Just Jones You say that you met at the Plow the first Night Mr. Praunce Yes Mr. Just Jones And there you were told That it was very charitable act to kill Sir Edmundbury Godfrey Mr. Praunce Yes I was so Mr. Justice Jones Was it agreed there that he should be kill'd Mr. Praunce It was agreed there and the first that met him were to give notice to the rest Mr. Just Jones Who were there Mr. Praunce Girald Kelly Green and I. L. C. Just. When came Hill and Berry into this Cause How came they acquainted with it Mr. Praunce They were in it before I. L. C. J. Who told you they were in it Mr. Praunce Mr. Girald my Lord told me so Mr. Just. Jones Hill and Berry were not at the Plow Where did you first hear them speak of it Mr. Praunce Girald and I have been at Berry's house divers times Mr. Justice Dolben But there were two meetings at the Plow were there not Mr. Praunce Yes Yes there were Mr. Justice Dolben And Hill was at the last meeting was he not Mr. Praunce Yes he was my Lord. Mr. Att. G. Now I would ask you this Question by the favour of the Court Was there any Reward proposed by these Priests for the doing of it Mr. Praunce Girald and Vernatt did speak of a great Reward that was to be given for it Mr. Att. G. Pray how much Mr. Praunce I do not remember what Mr. Att. G. Cannot you tell how much Mr. Praunce There was to be a good Reward from my Lord Bellasis as they said Mr. Justice Dolben You had several meetings you say Did you there resolve what should be the way of doing it Mr. Praunce Girald was resolved to kill him that Night and if he could not get him into a more convenient Place he would kill him with his own Sword in the Street that leads to his own house Mr. Record Who was that that resolved so Mr. Praunce It was Girald Mr. Record The Priest rather then fail was resolved to do that act of Charity himself Mr. Att. G. I would now ask you a Question which though it does not prove the persons Guilty yet gives a great strength to the Evidence Do you know Mr. Bedlow Mr. Praunce Mr. Praunce I do now know him Mr. Att. G. Had you ever any Conference with him before you was committed to Prison Mr. Praunce Never in all my life Mr. Att. G. Were you ever in his Company in your life before that you know of Mr. Praunce No not that I remember Mr. Att. G. Well you shall see how far he will agree with you Mr. Record Now they may ask him any Questions if they please for we have done with him L. C. J. Let them if they will Hill My Lord In the first place I humbly pray that Mr. Praunce's Evidence may not stand good against me as being perjured by his own Confession L. C. J. How Hill I suppose my Lord it is not unknown to you that he made such an open Confession before the King L. C. J. Look you Sir I will tell you for that I do not know that ever he made a Confession to contradict what he had said upon his Oath Hill He was upon his Oath before L. C. J. Yes he had accused you upon Oath but afterwards you say he confessed that it was not true but that Confession that it

was not true was not upon Oath How is he then guilty of Perjury Hill My Lord if a man can swear a thing and after deny it he is certainly perjured L. C. J. If a man hath great horrors of Conscience upon him and is full of fears and the guilt of such a thing disorders his mind so as no make him go back from what he had before discovered upon Oath you can't say that man is perjured if he don't forswear it But I believe no body did believe his denyal because his first discovery was so particular that every man did think his general denyal did only proceed from the disturbance of his mind But have you any mind to ask him any Questions Mr. Record We can prove that immediately after he retracted his recantation Mr. Just Dolben Try if you can trap him in any Question Hill Pray what hour was it that I went to Sir Edmundbury Godfrey's Mr. Praunce About 9 or 10 a Clock I am not certain in the hour L. C. J. No no a man cannot be precise to an hour but prove you what you can Hill I have a great many Witnesses besides the Justice of my Cause that I was not out of my house that day L. C. J. You shall be heard for that but the present matter is Whether you will ask him any Questions or no Hill My Lord 't is all false that he sayes and I deny every word of it and I hope it shall not be good against me L. C. J. Well Mr. Berry will you ask him any Questions Berry Mr. Praunce who was in my house at that time you speak of Mr. Praunce There was your Wife there and several other persons besides Berry Who were they Mr. Praunce There were divers people it is an Ale-house Berry But who Can you name any of them Mr. Praunce There was Girald and Kelly and I. L. C. J. Why did you not all know Mr. Praunce Berry My Lord I knew him as he pass'd up and down in the house L. C. J. Why what an Answer is that what do you mean by his passing up and down in the house Did you never drink with him Berry Drink with him my Lord Yes L. C. J. Yes Why people don't use to drink as they go along Berry It was in other Company that came to my house no acquaintance of mine L. C. Just Was not Mr. Praunce known by you all Three Which of you can deny it What say you Hill Hill My Lord I did know him L. C. Just What say you Green Greene. Yes I did know him Mr. Att. Gen. But yet my Lord we shall prove in the Course of our Evidence that upon their Examinations they did deny they ever knew him But because the Prisoners give us this Occasion I desire Mr. Praunce may give an Account of one thing He was Concerned in this very Fact and there was no other way to get any Proof of it than by the discovery of one among themselves He was once of that Religion or else he had never been Concerned in this thing And your Lordship will find that Mr. Praunce whilc he was of that Religion and not sure of his Pardon was under some Disturbances and Fears which prevailed with him to come before the KING and deny what he had Sworn But my Lord which is very Observable this Gentleman that had made that denyal before the KING was so far Convinc'd that he had done amiss in it and so troubled that he had done it that he desired Capt. Richardson as soon as he Returned back to Prison to carry him back to the KING again for he must go back and make good that Confession which he at first had made For it was every word True And being for the KING we desire Capt. Richardson may be Sworn Mr. Just Wild. Can you tell where Sir Edmondbury Godfrey was dogg'd Mr. Praunce No my Lord I cannot Mr. Just Wild. You say they did tell you that they Dogg'd him up and down Did not they tell you from whence they Dogg'd him when they kill'd him Mr. Praunce No they did not L. C. Just Mr. Richardson were you by when Mr. Praunce denyed all that he had Confessed Capt. Richardson My Lord upon the Sunday Night before the Prorogation of the last Parliament I Received a Letter from one of the Lords of the Council to bring up Mr. Praunce before the Lords of the Committee for his Examination When I brought him thither I found Mr. Praunce was disturbed and desired to speak with the KING and I carried him into the Kings Closet where he fell down on his Knees and said He was Innocent and they were all Innocent and that was the Substance of all he said I then had him up to the Council where he said the same thing The Lords asked him Whether any body had been Tampering with him he answered no. My Lord when I came home I was no sooner got within the Doors but he begg'd of me for Gods sake to go back to the KING and to acquaint Him not only that what he had now said was False but that all which he had sworn before was Truth And if his Majesty would send him a Pardon he would make a great Discovery And my Lord more than that he said It was Fear that made him Recant and he gave a full satisfaction that it was only out of an Apprehension that his Life was not secure that his Trade would be lost among the Roman Catholicks and in case he had his Pardon and were Saved he should have been in danger of being Murthered by them Lord Chief Justice Now you have an Account Mr. Hill how he came to Deny and how soon he Recanted his Denyal Mr. Just Jones You are upon your Oath Mr. Praunce Is this all true that he hath said Mr. Praunce Yes my Lord it is Mr. Recorder How hath he behaved himself since that time Capt. Richardson As soberly as can be since he had his Pardon Mr. Attorney General Pray since that time have you had any Discourse with him And how did he Carry himself Capt. Richardson Very soberly Mr. Attorney General Did he express any Abhorrence of the Practice of that Church Capt. Richardson Yes my Lord he did so Mr. Attorney General I hope it will make all People Abhor and forsake them in time if these be their Practises In the next place my Lord we will call Mr. Bedlow who though he was not present at the Murther yet he saw the Body after it was Dead in Somerset-House which goes to the Matter as to the Place and he will give you some Circumstances which will very much Corroborate the Testimony of Mr. Praunce Mr. Justice VVild. What time was it before they carryed him in after they had kill'd him Lord Chief Justice Brother I think they say between eight and nine they Decoy'd him down through the Water-gate VVas it not so Mr. Praunce Yes my Lord. Mr. Justice VVild. How long had

than the Proclamation was an incitement to the Discovery And I do believe if Mr. Praunce had not had some inclination to change his Religion you had still been without so clear a Discovery of this Work of Darkness as now you have I shall say no more but conclude to the Jury with that saying that I remember in the Book of Judges in the case of a Murther too though of another Nature Judg. 19. 30. The People said there was no such deed done nor seen from the day that the Children of Israel came out of Egypt And I may say there was never such a barbarous Murther committed in England since the People of England were freed from the Yoke of the Pope's Tyranny and as 't is said there so say I now Consider of it take advice and speak your minds Mr. Sol. Gen. My Lord I would only make one Observation to your Lordship which is this I do not find they do in the least pretend to tax Mr. Praunce that any Person hath bribed him to give this Evidence nor that there was the least Reward ever proposed to him to bear Witness against them not so much as the hopes of that Reward contained in the King's Proclamation yet Mr. Praunce if he had had a mind to bear false Witness might have laid hold of that opportunity but so far was he from pretending to discover any thing that he denied all when he was first apprehended But after he was in Hold and likely to be brought to Justice and lying under the conviction of a Guilty Conscience then and not till then does he discover it There is no Objection in the world to be made but that since this Discovery Mr. Praunce hath retracted what he said before but he gives you a very good account of it the Terrors of Conscience he then lay under the Fears that he should not be pardoned and the apprehensions he had from the Threats on their side and the danger of his utter ruine put him upon that Denial But my Lord He tells you likewise That as soon as ever he was brought back to the Prison he owned all he had said at first and desired he might be carried back again to Testifie the Truth of what he had first Sworn to This my Lord he gives you an Account of and the same Account does the Keeper of the Prison give too I have nothing to say more but onely just to observe the many Circumstances whereby Mr. Praunce his Testimony is fortified Mr. Bedlow does agree with him in every Circumstance as far as his knowledge went The Maid of the House agrees with his Testimony that says She saw Green at Sir Edmondbury Godfrey's several times though here he denies he knew him That she saw Hill there that very Morning her Master was missed That he talked with her Master a Quarter of an hour That she knew him by a very good token not onely by his Face but also that he had the same Clothes on then he hath now Mr. Praunce hath likewise told you of another Circumstance the meeting at the Plow-Alehouse where they laid the whole Design of Intrapping Sir Edmondbury Godfrey and herein he is Fortified by the Concurrent Testimony of the Master of the House and the Servant too though they now deny that ever they had been in his Company there or that they so much as knew Girald though when they were examined at the Council-Board they said they knew Girald but not Kelley and now they are prest with it here Hill retreats to this That he knows one Girald but not Girald the Priest My Lord I think the Matter is so fully and so plainly proved beyond exception that there needs no great Repetition in the Case It is impossible that Mr. Praunce a man of that mean Capacity should invent a Story with so many Circumstances all so consistent if there were not truth at the bottom of it He shews you the particular places from place to place where they decoyed him in and how they disposed of him to the time they carried him out And in each of these Circumstances there is not the least improbability or cause to disbelieve him It hath been already so fully repeated and the plainness of the Evidence is so convincing that I need not make more Observations upon it But submit it to your Lordship and the Jury Then the Lord Chief Justice directed the Jury in this manner Lord Chief Justice Look you Gentlemen of the Jury This is an Inquisition for Innocent Blood that hath been shed and your business is to see if you can find out the Murderers We would not add Innocent Blood to Innocent Blood but on the other-side If you have received Satisfaction so much as the Nature of the Thing can bear then the Land is defiled unless this be satisfied Now for that I will urge the Witness and their Testimony no further than it does appear for You and VVe are all upon our Oaths to do uprightly neither to Spare Murderers nor Condemn the Innocent In the first place VVe began with Mr. Oates and he told you that he had some Converse with Sir Edmondbury Godfrey and that he was threatn'd by some and had no good will for his pains in taking those Examinations he had taken and he was afraid his Life was in danger This he tells you was the Discourse before-hand and this is produced to lead you to consider what sort of persons they were of whom he was likely to have these Fears for his Fears did arise from his having done his part as a Justice of Peace in taking the Examinations upon Oath For the Testimony of the Fact they produce first Mr. Praunce wherein you will do well to observe all the degrees that he goes by before the Fact and all the Circumstances in the Transaction of that Affair and the Parties by whom it was to be Acted First he tells you how long it was before they could entice him to consent to such a Villany as this was To Murder a Man he tells you by whom he was thus enticed which makes the Story more probable that is by Girald and Kelley two Priests and he tells it you still more probably by their Doctrine that it was no sin but it was rather an Act of Charity to kill a Man that had done and was like to do them mischief So that if you consider the persons that Preached to him and the Doctrine they taught it carries a great shew and presumption of Truth in it self When they had met together at the Plow several times which was deny'd by some of them but is most manifestly proved by the Master of the House and the Boy and the wisht for time was come for they were to watch the opportunity and Mr. Praunce was to be at home and they would call him to give his helping hand he tells you That Mr. Hill did go that Morning for though he talks of an Errand before yet