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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

I Do appoint Thomas Simmons to Print the Trial of Nathaniel Thompson William Pain and John Farwell and that no others presume to Print the same July the 8th 1682. FR. PEMBERTON THE TRYAL OF Nathaniel Thompson William Pain AND John Farwell Upon an Information exhibited by the Kings Attorny 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 LONDON Printed for Thomas Simmons at the Princes Arms in Ludgate Street 1682. THE TRYAL OF Nathaniel Thompson William Pain AND John Farwell Trinity Term XXXIV Caroli Secundi Regis On Tuesday the 20th of June 1682 before the Right Honourable Sir Francis Pemberton Lord Chief Justice of His Majesties Court of Kings Bench by Nisi prius in the Guild-Hall of the City of London came on the Tryals of Nathaniel Thompson William Pain and John Farwel upon an Information brought against them for several Trespasses and Misdemeanours in Writing Printing and Publishing Letters Importing that Sir Edmondbury Godfrey murdered himself as also for several Falsities relating to the said matter Printed in several Papers called the Loyal Protestant Intelligence And the Jurors Names were as follow Jur. Peter Houblon John Ellis William Barret Joshua Brooks Gervas Byfield Jonathan Lee. George Widdowes William Sambrooke William Jacomb John Delmee Samuel Bayly Samuel Howard The INFORMATION was in the Attorney General 's name FOR that in Hillery Term in the 30th and 31th years of this Kings Reign in the Court of Kings Bench at Westminster by a Jury of the County of Middlesex were indicted Robert Green _____ Gerald Clerk Henry Berry Lawrence Hill Dominick Kelly and Philbert Vernatt for that they by the Instigation of the Devil c. The 12th of October in the 30th year of this Kings Reign at the Parish of St. Mary le Strand in the County of Middlesex aforesaid with Force and Arms in and upon Sir Edmondbury Godfrey Knight in the Peace of God and the King then and there being feloniously wilfully and of their malice aforethought did make an Assault and kill and murther him in this manner viz. Green did fold and fasten a Linnen Handkercheif about his Neck and therewith choaked and strangled him of which choaking and strangling he instantly died And the others viz. Gerald Berry Hill Kelley and Vernatt were present aiding abetting comforting assisting and maintaining the said Green to kill and murther the said Sir Edmondbury Godfrey in form aforesaid and so they the said Green Gerald Berry Hill Kelly and Vernatt in manner and form aforesaid him the said Sir Edmonbury Godfrey feloniously willfully and of their malice aforethought did kill and murther against the Peace of our said Lord the King his Crown and Dignity To which Indictment afterwards the said Term the said Robert Green Henry Berry and Lawrence Hill severally pleaded Not Guilty and put themselves upon the Country and after in the said Term of St. Hillary in the said Court of Kings Bench at Westminster for the Felony and Murther aforesaid by a Jury of their Country in due manner were tryed and thereof lawfully convicted and attainted as by the Record thereof in the said Court of Kings Bench at Westminster remaining more fully appears which said Robert Green Henry Berry and Lawrence Hill were afterwards executed and suffered Death according to the form and effect of the Judgment and Attainder aforesaid And whereas one Miles Prance upon the Tryal of the Indictment aforesaid was produced a Witness and sworn for the King and gave material Evidence against the said Green Berry and Hill to prove them guilty of the Felony and Murther aforesaid And one William Bedloe John Brown Elizabeth Curtis Zachary Skillarne and Nicholas Cambridge upon the Tryal aforesaid were Witnesses in like manner produced and sworn for the King and gave diverse material evidences against the said Green Berry and Hill to prove them guilty of the said Felony and Murder And whereas also the said _____ Gerald Robert Green Lawrence Hill Dominick Kelly and Philbert Vernat at the time of the Felony and Murther aforesaid were Papists and Maintainers of the Romish Superstitions And the said _____ Gerald Dominick Kelly and Philbert Vernatt have fled and not yet appeared to the said Indictment And whereas also by the Coroners Inquest taken upon the view of the Body of the said Sir Edmondbury Godfrey lying dead before John Cooper Gent. one of the Coroners of the said County of Middlesex by the Oaths of honest and lawful men of the the same County above the number of twelve persons it was found that certain Malefactors unknown Feloniously and of their malice prepense him the said Sir Edmondbury Godfrey did strangle and choak of which he dyed The said Nathaniel Thomson William Pain and John Farwel well knowing the premises and being persons Devillishly affected devising practising and with all their strength intending the peace and common Tranquillity of their Kingdom of England to disturb and as much as in them lay the due course of the Law to destroy and subvert and elude and the Justice of this Kingdom of England to defame and scandalize and as well the said Miles Prance William Bedloe John Brown Elizabeth Curtis Zachary Skillarne Nicholas Cambridge as the said John Cooper and the honest and lawful men Sworn upon Enquest aforesaid upon view of the body aforesaid to bring into the greatest hatred contempt and vile esteem with all the Kings Subjects and to deter the Kings Subjects from finding detecting and proving the designes of Papists against our Lord the King and the true Religion now by Law established and impiously and wickedly devising and intending them the said _____ Gerald Dominick Kelly and Philbert Vernat from undergoing the pains and sentence by Law upon them to be inflicted for the murther aforesaid and to aid and assist them altho' they be Guilty to be found Not Guilty thereof And to deceive and beguile the King's Subjects in the premisses with their false Affirmations and Arguments and cause and procure that it should be believed and esteemed that the said Green Berry and Hill the persons for the Murther of the said Sir Edmondbury Godfrey as aforesaid convicted and executed had been convicted and executed unjustly and that the said Sir Edmondbury Godfrey was felo de se and himself had feloniously murthered They the said Thompson Pain and Farwel their most impious wicked and diabolical intentions

Heads I am charged with upon that Letter and that about the Blood is one My Lord I was concerned they should pretend there was no blood at all When I came there there was near my Hat full of blood Lord Chief Justice Can you tell who laid it there Mr. Farewell My Lord if you will hear two witnesses more I will satisfy your Lordship who laid it there My Lord this man was one of them that helped to remove the Body out of the Ditch Another Witness John Rawson called by Mr. Farewel and sworn Rawson My Lord I was there taking him up we fetched the Constable and pulled him out of the Ditch and when we had done we pulled the Sword out and removed him to the House and there was blood upon some Posts explaining himself to me on a couple of stumps to go over upon and going into the Door his Back did sweep a little against the side and there vvas some vvater and blood lighteD there and likevvise lay upon the Table vvhere he lay and upon the Floor Mr. Farewell Did the blood of his body fall upon the Floor and go through the Floor into the Cellar Mr. Rawson Some drops vvere there I vvon't svvear vvhether it vvere blood or no my Lord. Mr. Farewell My Lord I desire the same question may be put to Mrs. Rawson Mrs. Rawson svvorn Mrs. Rawson My Lord if you please I have not a vvord to say but there vvas blood and vvater ran through the Table that is all I can say Mr. Farewell My Lord as to the difference betvveen Mr. Prances Evidence and Mr Bedloes I desire I may prove the difference betvveen them L. C. Justice You shall make any proof you vvill John Stanley called by Mr. Farewell and svvorn Mr. Farwel I call him to prove the Copies of the Journals of the House of Lords L. C. Justice What would you infer from the Journals Mr. Farewell My Lord they charge me that I should say there is a great deal of difference between the Evidence Mr. Bedloe gave in the House of Lords and the Evidence that Prance gave at the Tryal of Green Berry and Hill L. C. Justice Would you prove any Evidence given by Bedloe out of the Journals Mr. Farewell I can prove he gave that Evidence before the House of Lords But Mr. Farewell afterwards went off from that Proof and called Mr. Hobbs Mr. White Mr. Chase the Father and Mr. Chase the Sonn and Mr. Lazingby who were sworn Mr. Farewell I ask Mr. Chase what he observed about Sir Edmoud-Bury Godfrey Mr. Chase the Sonn My Lord on Fryday Morning the day after the body was found I went to Primrose-Hill in company with my father to see the body which they said was found I came into the Field where the company in the Field said the body had been laid the body had been then carried into the house I looked into the Ditch where they said the body was laid I could not see blood in the Ditch but four or five Yards aside off the Ditch there seemed some blood to me which the Constable said followed thesword when it was pulled out of the body I saw the body in the House and saw the two wounds he had a great Contusion on the left Eare and his whole Face was very much bruised L. C. Justice Do you believe there was anyi Volence offered to him Mr. Chase My Lord I believe he was Strangled for I don't believe those Injuries that were offered about him could be after he was dead L. C. Justice What say you Mr. Hobbs Farewell I desire he may be asked whether he did not propose to Mr. Godfrey that the body might be opened that any doubt may be laid aside concerning his being Murdered in that Place Mr. Hobbs My Lord L. C. Justice Had you any doubt whether he was Murdered or not Mr. Hobs. Indeed my Lord I thought he was Strangled that was my Opinion I cant tell whether I was mistaken I said to Dr. Goodall it would be very well if Mr. Godfrey would send for a Chirurgion and a Physitian from the Court and others from the City to satisfie all persons Mr. Farewell What Colour was his face Mr. Hobbs My Lord it was bloted L. C. Justice Did it look as if Violence had been used to him Mr. Hobbs Ay my Lord and the bloody Vessels of his Eyes were so full as if he had been troubled with sore Eyes Mr. Farewell Did you observe any Fly-Blows in his face Mr. Hobbs No my Lord not that I know of L. C. Justice What say you Mr. Chase Mr. Chase My Lord on Fryday when I came to see the body at the White House I found a great Contusion and two wounds one yielded towards the right The other went into the body I troubled my self no more at that time but the nex day I was desired by Dr. Lloyd that I would go to his House and see the body again and there I found a selling upon the left Eare as if a knot had been tyed there I found him beaten from this place to this pointing to the Neck and Stomack I never saw any man beaten so in my life Before this business was broached Mr. Farewell did take me aside at Mans Coffe-House and did tell me what proof he could make of this business I told him Mr. Farewell I love you well don't medle with the business for I know it is impossible any thing can be said against it that hath the face of truth I did so a second time my Lord when the book came out I found one before I went to New-Market and the other at New-Market I was very much troubled to see them The Night before Easter the Eve of Easterday I meet with Mr. Farewell at an House where I had been with a good friend of his and mine and Farewell came and asked for me and he came up to the Room as they called for another Bottle of Wine I told them it was needless only since Mr. Farewell is come up said I I will drink one glass with you And he told me then that 6 Months before I had given him good Council if he had taken it Mr. Farrwell My Lord I desire M. Smith to be called L. C. Justice Let him But he came not then Mr. Brown is called by Mr. Farewell and sworn Mr. Farewell I desire Mr. Brown may be asked whether his Eyes were not fly blown L. C. Justice T is proposed to you by Mr. Farewell whether the Eyes of Sir Edmond-Bury Godfrey were not fly-blown Mr. Brown No my Lord I did not see any fly-blows Mr. Farewell Whether there were any specks that one might call fly-blows M. Brown My Lord I did not see any specks that one might call fly-blows Mr. Farewell I desire that I might call two Witnesses to prove that he said so L. C. Justice What will you get by that Mr. Farewell to disparage your Witness Mr. Brown My Lord Mr. Farewell would

call a Witness or two to prove somthing more then hath yet been proved in this Murder tho' there was Evidence enough upon the Tryal to prove it Mr. Sol. Gen. Gentlemen Mr. Farewell does pretend that he hath only told so many Lies and hath left the World to make use of it And hath brought Witnesses to Colour this matter over and in hopes to make you believe the matter is true But Mr. Farewell hath forgot himself his Paper is quite otherwise for he hath argued upon it and made Inferences that therefore Sir Edmond-bury Godfrey murdered himself therefore he is guilty of the highest malice in the World He tells a great many falsities and from those falsities hath inferred others The Paper is full of Arguments L. C. Justice Gentlemen I did give him leave to go into what Evidence he would in this Case not hat I thought it material for if he could have proved never so much yet his malice had never been the less to have gone and aspersed the Government What had he to do to meddle with it To what purpose should he Write Books concerning the matters of Government to Traduce the Justice of the Nation The people had suffered as Malefactors and what had he to do with it If they had suffered Innocently he ought to have done no such thing as this is Mr. Serjeant Maynard My Lord but one Witness L. C. Justice Pray call whom you will Mr. Serjeant Maynard John Okely We will prove that he was way-layed that very day he was strangled Mr. Sol. Gen. We have no need to call any Witnesses now to over do a thing We may leave it here Jury-Man Pray my Lord if they have any more Witnesses let us hear them L. C. Justice T is nothing to this purpose to call any for the King nor hath Farewells Evidence signified any thing to this He did design and would no doubt of it have been very much satisfied if he could have made but some probable Evidence that Sir Edmond-bury Godfrey killed himself and I was desirous to hear what they vvould say for themselves But you hear vvhat a kind of Evidence it is not a Witness he hath called but is as much against him as can be and does evince it plainly that the man vvas killed and that he vvas killed by strangling and so the Evidence vvas upon the Tryal of Green Berry and Hill If he could have raised a doubt about it yet his Offence had not been mitigated by it for a private person is not to arraign the Justice of the Nation but I vvas vvilling to hear vvhat could be said in the Case vvhether a doubt could be made in the World that Sir Edmond-bury Godfrey vvas not murdered And you see hovv his very Evidence hath in all things confirmed the Evidence Prance hath given that he vvas killed and that he was killed by strangling I must leave it with you Gentlemen they are all 3 in this mischief t is a Combination of them to affront the publick Justice of the Nation and what is the end of it the end of it is to make people believe there is no Popish Plot but it is plain he was killed by the Popish party as Prance upon his Evidence against Green and the others attested But if they could have made it out that he killed himself all of them would have cryed out the Popish Plot was a sham nothing but a thing raised by the Protestants against the Papists and all the Plot must have gone for nothing Gentlemen I do leave it to you whether upon this Evidence you do not believe them all to be Guilty of this design of Traducing the Justice of the the Nation The Jury thereupon without going from the Barr sound them all three Guilty of the Information And the people gave a great Hum. Monday July 3. 1682. NAthaniel Thompson William Pain and John Farwell were brought up by Rule to the Bar of the Court of the Kings Bench to receive their Judgment Mr. Thompson the Counsellor moved for Judgment and particularly prayd they might have some corporal punishment acquainting the Court that since their Tryal tho they had as much time and liberty given them by the Lord Chief Justice to call their witnesses and examine whom the would as they could desire the very next News Book Thompson put out he took upon him to give an Accompt as tho' Justice had not been done him and further said if there was any doubt of the Fact with Mr. Thompson or Mr. Farwell or Mr. Pain there were Affidavits to satisfie the world about it Then Mr. Spences Affidavit was read Richard Spence Citizen and Upholder of London living in Arundel Street in the Strand in the Parish of St. Clements Daen in the County of Middlesex having been twice subpaena'd 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 Tenth day of October 1678. it being the Thursday before Sir Edmondbury Godfrey was missing from his own House in Hartshorne Lane in the Strand as he this Deponent was coming from St. James's Market to go to his own House about Seven of the clock at night there were then at the Water Gate of Somerset House five or six men standing together who layd hold on this Deponent as he was passing by them and they taking hold of both this Deponents Armes dragg'd 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 cryed out and said this is not he upon which they immediatly let this Deponent go RICHARD SPENCE Jurat the 10th July 1682. Coram me W. Dolbin Whereupon the Clerk of the Crown sayd that it was one Captain Spence whom he knew very well and that he was a Tall black Man and like Sir Edmondbury Godfrey Then John Oakely's Affidavit was read John Oakely of the Parish of St. Martins in the Fields in the County of Middlesex Servant to Mr. Robert Breedon of Hartshorne 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 eight or nine of the clock in the Evening he was in the City of London in the Company of his Father Robert Oakely of Bissiter in the County of Oxon Maulster and his Father came with him so far as Ludgate where they parted And this Deponent going homewards to his Master Breedns 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 Nine of the clock at night he there saw Sir Edmondbury Godfrey and past close by him