day the Coroner having impanelled a Jury and viewed the Body with the Assistance of two able Chirurgeons the Inquest found upon their Oaths that certain Malefactors unknown feloniously and of their Malice prepensed had strangled and choaked him whereof he dyed Whereupon his Majesty issued forth his Proclamation for discovering and apprehending the Murtherers with a gracious Proposal of Five hundred Pound Reward and Pardon to any one of them should discover the rest Sometime after Mr. William Bedloe coming in did amongst other things relating to the Popish Plot make some discovery touching this Murther But most part of what he deposed therein was but the words of others viz. what Le Phair Pritchard Welsh Koins and another all five Jesuits had told him only as to his own knowledge he swore that he saw the Body after it was Murthered lye in a Room at Summerset-house on Monday night Octob the 14th On the 21 of Decemb. following one Miles Prance a Gold-smith in Princes Street and then a Roman Catholick was upon the suspicions of one of his Lodgers or Neighbours suggesting that he had lain out of his house about that time of Godfreys Murther though in Truth the same was a fort-night before taken up by a Warrant and waiting in the Lobby by the Parliament House in order to be examined Bedloe coming by and not knowing that he was already in Custody desired that he might be secured and charg'd him possitively to be concerned in that Murther remembring his face again as being one present when the dead Body was shewn to him the said Bedloe as aforesaid And the next day and the dayes following Prance discovered the Circumstances of the Murther from his own knowledge charging Girald and Kelly two Popish Priests and Green Berry and Hill to have been actually concerned therein which three last were sound but the two Priests and one Vernat who was charged as Privy to the Murther made their escapes and to this day stand outlawed for that Murther and Felony Both Bedloe and Prance were divers times Examined before his Sacred Majesty and the Council before Committes of Lords and Commons and the Bar of either House of Parliament and all appeared so well satisfied in the Coherence and truth of their Evidence that the five hundred Pound Reward promised to the first Discoverer was accordingly paid to Bedloe and also both their Pardons were granted and it was thought fit to bring the said Green Berry and Hill to their Tryal where at the Kings Bench Bar the 10th of February 1679 after a full and fair hearing upon the Evidence of the said Bedloe and Prance and upon the Oaths of several other Witnesses corrob orating the same in divers material points and upon hearing what could be objected about Prances pretended Retraction and what else could be alledged either against the Evidence or for the Prisoners They were all three found guilty by a Jury of Knights and Gentlemen of good Quality And 't is remarkable That the Court was so fully satisfied that when the Verdict was given Sir William Scroggs then Lord Chief Justice publickly expressed it in these Words Gentlemen You have found the same Verdict that I would have found if had been one with you and if it were the last Words that I were to speak in this World I should have pronounced them GUILTY Tryal p. 86. And the next day when they were brought to receive Sentence his Lordship repeated the same thing to them when they pretented their Innocency in these word We do not expect much from you and it is no great matter for your Confession will do us but little good but only for your selves we regard it not otherwise because the Evidence was so plain THAT ALL MANKIND IS SATISFIED there is no SCRUPLE in the things Every one that heard your Tryal hath great satisfaction and for my own particular I have GREAT SATISFACTION THAT YOU ARE EVERY ONE GUILTY Tryal p. 88. So Judge Wild in his Speech before the Sentence averrs That they were founa guilty upon a clear and pregnant Evidente to the satisfaction of all good men that were indifferent Tryal at 89. Accordingly the said three Persons were soon after Executed and though according to the usual manner of persons of their Religion after Absolution especially where the Honour of their Church is concerned they pleaded Innocency to the last yet the formal Speech found in his Pocket with the very words whereof he began to harangue and went on as sar as he had Con'd it by Heart which was testified by his own Wife not to be of his writing and in it self shewed a malicious Spirit in the Inditer towards the Evidence and the Court in Language above Hills capacity makes it most probable that their denials were only the Dictates and Injunctions of some of their Priests See Hills Speech with the Animadversions thereon Printed by Authority Here by the way it may be noted That whereas the PAPISTS have since given out that Berry was alwayes or at least dyed a Protestant and if I do not much misremember the Observator in some of his Papers for I have neither leisure nor inclination to review his Fardel for the certain number does make the same Suggestion the same is notoriously false for he had many years been a Papist chiefly lead thereto for Lucre and to get an Employment as he acknowledged to Mr. Smith the Ordinary of Newgate 'T is true he did a little before his Execution declare to the said Mr. Smith That he did not believe many things which the Doctors of the Romish Church teach as necessary to be embraced for Articles of Faith which is no more than what many other Papists will affirm which shews them to be either Hypocrites or at least that all the boasted Certainty and unity amongst them is Lies and Cheats yet the said Berry neither in Prison nor at the Gallows would ever disown the Romish Church nor in the least declare himself a Protestant The whole Proceedings in this most weighty Clause having been so solemn and deliberately weighed sifted examined and inspected by the highest Authority and so many several Judicatures and prudent Assemblies and the Eyes of all the Nation being from first to last fixt and intent thereon if ever in any case private Subjects ought to acquiesce in a publick legal Determination it must certianly be here But of so mighty a concernment to the Papists and their Designs was it to have the Murther removed from their doors and such Loyal Peaceable and modest Subjects they are when their Interest is concerned that they have been restlesly imploy'd in throwing dirt and scandal on the Government and its clear and upright Proceedings herein and spare no pains nor Art to effect it 'T is pleasant to observe by what variety of Tooles and on what different pretences and contradictory Mediums they have moild and toild to shuffle off the indeligible guilt from their Party but as the incomparable
THE OBSERVATOR Prov'd a TRIMMER OR Truth and JUSTICE VINDICATED IN The HISTORY of the MURTHER OF Sir Edmundbury Godfrey And the Several POPISH SHAMS Since made Use of to amuse the World about it BEING A Full Answer to certain late Pamphlets Intituled OBSERVATORS Wherein the Evidence of that Gentlemans being Murthered by Papists is very falsly Stated and the Positions and Practices of the Church of Rome too favourably Represented Humbly Dedicated to the CLERGY of England The fourth Impression Corrected Non recipit Mendacium Veritas nec patitur Religio Impietatem D. Hil. LONDON Printed for J. Allen and are to be Sold by most Booksellers 1685. TO THE Most Reverend Right Reverend And Reverend CLERGY OF THE Church of England By Law Establisht My Lords And Venerable Sirs AS these Animadversions are made Publick without the least malice to the Person of the Observator or design to gratifie any Faction or undervalue any Services his Papers may have heretofore done the Church or State But to Rectifie certain things which he has lately advanced that may if they pass uncontrouled prove injurious to the Honour and Interest of both so they address not to you for Protection any further than your Justice and Piety is always wont to favour Truth And therefore humbly cast at your feet are submitted to your grave and impartial Considerations and Censure as being under God and His Majesty the Watchful Overseers whose especial Concern it is in your several Stations to take Care Ne quid detrimenti Capiat Ecclesia AN ANSWER TO Some late Pamphlets ENTITULED OBSERVATORS In which the Evidence of Sir Edmundbury Godfrey's being Murthered by Papists is grossly misrepresented and maliciously slandred 'T IS one of the Observators own Maximes That nothing but Print can answer Print Obs Vol. 1. Numb 473. Therefore not only excusable but necessary to Print a few Honest Loyal Animadversions on some late Printed passages of his which are false and scandalous concerning the Murther of Sir Edmbundbury Godfrey For since the Observator after so many desperate and unsuccessful Attempts of others is pleased once more to bring that Affair upon the Stage though not in any Judicial Course or Form but by way of Argumentation and Libel and make that Gentleman's Assassination a Subject of his Sport and Railery and expose the belief of his being kill'd by Papists as ridiculous in the highest degree since he was so liberally exercised his Talent on the Witnesses and musters up a multitude of imaginary Contradictions which he avows they positively have sworn to c. What remaines but that we take leave to examine the weight of his Allegations the occasions Proofs Circumstances and Ends of all this unseasonable noise and Clamour And if we find them to have no Colour of Truth or Probability and that they are meer Malitious Imputations We hope it will be no Offence modestly to tell the World so much and demonstrate the Particulars thereby doing Right as much as lies in a private Capacity to injur'd Truth and the Honour of our Country checking the Progress of Lies and Shams and rescuing the present Age from such confident Delusions as well as preventing their Influence on Posterity But in this whole Disquisition the Reader must excuse us from that Gaiety of Humour which usually sparkles in an Observator especially where there is any Witness of the Popish Plot in the case and renders his Scribbles so taking with the Mobile of Witlings for there are Gallants that can laugh at Trajedies and scoff even at mnipotency and Ridicule the most sacred and serious things yet certainly amongst all that are in good earnest Christians or Loyal Subjects Murthers and Assassinations Oaths upon the Holy Evangelists Solemn Examinations before his Sacred Majesty and his most Honourable Privy Council and afterwards in the House of Peers one of the most August and Honourable Courts under Heaven the legal Proceedings of Sworn Judges and Juries in case of Life and Death and the Execution of Convicted Murtherers are matters which as they should not rashly be determined of censur'd questioned or medled with by any private persons so much less ought they to be made the common Theams of wanton Droll and scurrile Buffoonry But lest any already should have forgot or in after times be ignorant of the mature Cautions vigilant and prudent Proceedings used in the Examinations touching the Discovery of the before-mentioned Gentlemans Murther and against those Executed for the same and other publick Transactions that have since happened relating thereunto I think it convenient in the first place to give a brief yet true and impartial state of the matter of Fact On the 6th of September 1678 Titus Oates did repair to Sir Edmundbury Godfrey being one of his Majesties Justices of the Peace and before him did swear to his Information touching the Popish Plot yet without permitting him then to read the Particulars only assuring him in general that it contained matter of Treason and other high Crimes and that his Majesty had a Copy of it On the 28th day of the same month two more of the said Copies were sworn to by the said Oates before Sir Edmundbury Godfrey who then would needs keep one of them having never before perused the said Information See Mr. Christopher Kirkby's Narrative of the Discovery of the Popish Plot to his Majesty p. 2. and 3. On the 12th of October following Sir Edmundbury going forth as he used to do and not returning at night not being heard of for several days his Servants Friends and the whole Town were much alarmed thereat But many Stories were industriously buzz'd up and down about him You cannot but remember saith the Reverend Dr. Lloyd now Bishop of St. Asaph in his Funeral Sermon Octob. 31. which was before any Discovery made of the Murtherers You cannot but remember the dust that was raised in the week when the search should have been made Those Calumnies and those various Reports that went about it were on purpose to hinder the Discovery One while he had withdrawn himself for Debt another while he was Married and not very decently another while he was run away with a Harlot even what the Father of Lies put into their Heads at last when they knew what they intended to do with him they prepared you to expect it by giving out THAT HE HAD KILLED HIMSELF you know how impatient they were to have this believed I was told it some Hours before the Discovery that he was found with his own Sword through his Body others could tell that he had two Wounds about him These things were found to be true some Hours after So far that excellent and Reverend Person For on Thursday Octob. 17. near the Evening the Body was accidentally found in a Ditch near Primrose-Hill with his Sword run through him his Gloves and Scabbard lying not far off on the Bank Gold and Silver in his Pocket nothing missing but his Band and Papers The next
Papinian told the Emperour Caracalla when he required him to palliate by an Oration the killing of his Brother That it was more easy to commit than excuse a Murther so hitherto all their Attempts have been vain Just Providence as we doubt not He will ever do that is the Avenger of Blood and God of Truth turning all their Lying and Crafty Invention to their greater shame and confusion One of their first Attempts besides railing at the Witnesses in several Libels was as I remember in a Printed Pamphlet Intituled Reflections c. about the beginning of July 1679. Wherein by advancing several notorious Falsehoods and thence like our Observator deducing plausible but altogether fallacious Arguments blind hints and Inuendo's they endeavoured to raise jealousies and suspicions upon a Noble Protestant Lord The E. of D. who being then not only Confined but under a popular Odium they thought it seems that the most groundless improbabilities would be believed of him The persons that handled that villanous Paper to the Press that good Catholick Gentlewoman that Midwif'd it abroad and distributed them and the Printers one that refused and another that did it are not unknown or if they were by the thing it self the Language Arguments and Scope 't is evident that it came out of the Roman Forge hammered on purpose to serve a turn for that Party But the same soon after being fully detected and confuted by the publication of Mr. Kirkbies Narrative vanisht like an ignis fatuus and left only a loathsom stinch of Popish Impudence behind it See Kirkbies Narrative and the Impartial State of the Case of the E. of D. After this about the month of September 1680. comes Mrs. Celier a Roman Catholick too and flusht with an acquital she had then late before obtained on an Indictment of Treason she publishes a Libel Intituled Malice Defeated c. owned by her but supposed and charged in Print to be written by Munson a Condemned Popish Priest then in Newgate which was never that I know of denyed or disproved wherein amongst many other impudent reflections on the King and the Protestant Religion and the publick Justice of the Nation She affirms Prance to have been Rackt and grievously Tortuard in Newgate and thence would insinuate That all his Testimony touching Sir Edmundbury Godfrey's Murther was by those means extorted from him for which Seditious Libel upon the Prosecution of Mr. Robert Stephens Messenger of the Press being brought to Tryal at the Old Baily on Saturday the 11th of September 1680. upon a full hearing That false and scandalous Allegation of Prances being Rackt or Tortured being fully disproved and she not so much as offering the least shadow of Testimony to make it good she was found guilty and on Monday the 13th of the same month Sentenced to be put on the Pillory three times at several places and fined 1000 l. and so stand Committed in Execution till the same paid Accordingly she did stand on the Pillory and remained a considerable time in Newgate and how at last she became discharged I have not inquired But these words of the then Mr. Baron Weston who chiefly managed her Tryal are worthy an Observators notice viz. There was a horrid barbarous Murther Committed here and which certainly did fix the Accusation of the Plot fuller upon them the Papists then all the Evidence that was given besides The Murther of Sir Edmundbury Godfrey a Magistrate who in doing of his duty was most barbarously Murthered and BY WHOM is Evidenced by one Prance It hath been the whole Labour of the Party to cast his Murther upon other persans and take it off themselves for they find if that Accusation stick upon them it is a thing of so Hainous a Nature that it will make the Popish Party odious to all Mankind And therefore this they Labour at MIGHTILY and this Task she hath taken on her self c. The next that Tampered with this matter was one Fitz-Harris an Irish Papist since Executed for Contriving a most Horrid and Treasonable Libel who to save his own Stake when desperate offer'd at the same Game started by the Author of the Reflections before-mentioned And upon his Oath there was a Bill found by the Grand Jury against one Depree or Depuy or some such name and the E. of D. as Accessaries before the Fact upon which Subject the OBSERVATOR Numb 141. has this Gloss You cannot forget what Stickling there was amongst the true Protestants themselves to ease the Papists of the Murder and turn it upon that Noble Earl who is known to be a Protestant of the Church of England even of the highest form That the Earl is a Protestant I never heard denyed But the OBSERVATOR would have done well to have named those true Protestants that made this Stickling to case the Papists and burthen that Noble Lord He says indeed Numb 141. That a near Relation of Sir Edmund was Fore-man of the Jury which found that Bill what he designed to insinuate by this is not hard to guess But as the thing it self is utterly false the Fore-man of that Jury being no nearer a Relation to Sir Edmund then to the OBSERVATOR viz. a small Cozen to both on Adam's side so upon inquiry I cannot hear of any Relations to the Martyred Gentleman but what were like himself sound Protestants of the Establisht Church of England But what means the man when in the same Paper he says The charging of my Lord at that time of the day lookt as if THEY were still groping after the Truth of the matter And was constructively improved into a tacit discharge of the Papists No Mortal certainly but the Papists themselves except it should happen to be the Observator who has shewed himself so ready to improve that way any thing though never so inconsequent or Extravagant 2. As to the Charging of the Earl here intended 't is plain 't was done by Fitz Harris a Trayterous Irish Papist which I suppose Mr. Observator could not be ignorant of being to this day no stranger to a near Relation of his who as I have heard forfeited what Estate he had for being concerned in a certain Scuffle in Ireland between Whig and Tory about the year 1641. wherein a small parcel of about two hundred thousand Hereticks had their throats cut But let that pass The Truth of the story which the Observator thus constructively improves to a tacit discharge of the Papists from the guilt of Godfrey's Murther is thus Fitz-Harris upon his Arraignment in the Kings-Bench for his Trayterous Libel having put in a Plea to the Jurisdiction of that Court because an Impeachment he alledged was pendent against him in Parliament The Court on the 11th of May 1681. Over-rul'd it and gave him notice to prepare for a Tryal on the ninth of June following On the 13th of May a motion was made for Fitz-Harris to be brought up by Habeas Corpus to the Bar to give Evidence
greatest Hatred Contempt and vile Esteem with all the Kings Subjects to deter the Kings Subjects from sinding detecting and proving the Designs of PAPISTS against ur 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 beguilty to be found not guilty thereof and so deceive and begiule the Kings Subjects in the Premises 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 Sir Edmundbury Godfrey as afore said Convicted and Executed had been Convicted and Executed Vnjustly and that the said Sir Edmundbury Godfry was Felo de se and himself had Felloniously Murthered They the said Thompson Pain and Farewel their most impudent wicked and diabolical Intentions to fulfill and perfect afterwards to wit the 23 of February in the 34th year of the Reign of Our now Soveraign Lord the King at the Parish of St. Mary Le Bow London with Force and Arms c. falsly unlawfully unjustly wickedly and Diabolically made and Composed and caused to be Printed a certain false scandalous Libel Entituled A Letter to Mr. Miles Prance in Relation to the Murther of Sir Edmundbury Godfrey in which Libel amongst other things is contained c. Reciting then the most material Passages of the said Libel Which Case being brought to Tryal June 20. 1682. after a mighty Expectation raised by the confident Papers dayly Printed by Thompson the Defendants were not able to produce any Testimony that had the least shew of Truth or Religion To justifie those Allegations but on the contrary generally their own Witnesses made against them For Example First About the pretended Blood found near the place where the Body lay One William Balson a Witness Swears that on the Friday coming back from viewing the Body at the White-house whether it had been carryed over Night by the Constable after it was found They shewed me in a Ditch where they said lay some Blood I cannot say it was his Blood but I 'le assure you The Blood looked to me like Blood that was left there rather than any thing else Thompsons Tryal pag. 22. So Mr. Lazingby one of their Witnesses Swears The Blood that was was some four yards from the Ditch I put my Finger into it and smelt to it and it smelt like that which comes from a Body after a Fortnights time dead rather than a Weeks My Lord It was Blood and Water the Water will separate from the Blood Ibidem p. 25. Here note that probably some of the Murtherers or their Agents that Conveyed the Body thither after they heard it was found and removed into a House might privately the next day lay some Blood near the place the better to colour their designed Lye That he Murthered himself 2. The Witnesses produced by the Defendants all agree Sir Edmundbury to have been Strangled Thus Fisher swears He lookt as if he were Strangled and his Neck was so weak that you might turn it any Way p. 22. So by the Chirurgeons by them produced Mr. Chase my Lord I believe he was Straugled for I don't believe that those Injuries that were offered about him could be after he was dead pag. 23. And Mr. Hobbs Indeed My Lord I thought he was strangled that was my opinion Ibidem See Mr. Lazingby He appeared to me to be Strangled and that which strangled him was kept about his Neck till he was very cold pag. 25. And that from the upper part of his Neck to his Stomach and Breast was very much discoloured and black and his mouth was discolcured Now says he when ever a man is bruised whilst he is Alive or whlist he is Warm the part after the Person is dead will soonest Corrupt page 26. 3. As for the story of Fly-blows there was no Proof but the contrary and Brown swears that Farewel would have him say so but that he never did say so page 24. 4. It is observeable that as Thompson in his Libels had not omitted this Topick now improved by the Observator viz. The 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 So Mr. Farewel desired he might prove Copies of the Journals And my Lord Chief Justice that then was replyed You shall make any proof you will But Mr. Farewel though he caused one Stanly to be sworn to prove those Copies did presently 't is supposed by advice of his Council knowing how vain any such thing would be go off from and declined that Proof and all that they had to offer being heard My Lord Chief Justice delivered himself in these Words Gentlemen I did give him speaking of Farewel who seemed the chief Person in this Intrigue leave to go into what Evidence he would in this Case net that I thought it materiale for if he could have PROVED NEVER SO MUCH yet his MALICE had been NEVER 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 If they had suffered INNOCENTLY he ought to have done no such thing as this is 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 Edmundbury Godfrey kill'd himself and I was desirous to hear what they would say for themselves But you hear what a kind of Evidence it is Not a Witness he hath called but 't is as much against him as can be and does Evince it plainly that the man was killed by Strangling And so the Evidence was 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 was willing to hear what could be said in the Case whether a Doubt could be made in the World that Sir Edmundbury Godfrey was not Murthered and you see how his veay Evidence hath in all things coufirmed the Evidence that Prance hath given that he was killed and that by STRANGLING I must leave it with you Gentlemen they are three in this mischief 't is a Combination of them to astront the publick Iustice of the Nation And what is the end of it The end of it is to make people believe there is no Popish piot 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 with you c. The matter was so plain that the Jury without stirring from the Bar found them all three Guilty The Prisoners were not brought to Sentence till the third of July 1662. Between which time and the Tryal Thompson having in his Intelligence took upon him to give an Account as if Justice had not been done them though they had as much time and liberty given them by the Lord Chief Justice to call their WITNESSES and examine who they would as they could desire therefore for further satisfaction the following AFFIDAVITS of WITNESSES for the King that attended the Tryal but were not then called were read in open Court the first was of Captain Spence a tall black Man and in person very like Sir Edmundbury Godfrey in these words Spence's Affidavits Richard Spence Citizen and Upholder of London living in Arundel-street in the Strand in the Parish of St. Clements Dane in the County of Middlesex having been twice sub-pena'd to give Evidence for the King upon an Information exhebited in the Crown-Office against Nathaniel Thompson William Payn and John Farewel and not being call'd at their Tryal to give Evidence in open Court maketh Oath That upon Thursday the tenth day of October 1678 it being the Thursday before Sir Edmundbury Godfrey was missing from his 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 seven of the Clock at night there were then at the Water-gate at Somerset-house five or six men standing together who laid hold on this Deponent as he was passing by them and they taking hold of both this Deponents 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 him very well as also his Master Doctor Godwyn cryed out and said This is not he upon which they immediately let this Deponent go Richard Spence Jurat the 10th of July 1682. Coram me W. Dolbin Then John Oakly's Affidavit was read John Oakly of the Parish of St. Martins in the Fields in the County of Middlesex Servant to Mr. Robert Breeden of Hartsshorn-lane in the said Parish and County Brewer maketh Oath That on Saturday the 12th day of October 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 as far as Ludgate where they parted And this Deponent going homewards to his master Breedons-House coming by Sommerset-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 Edmundbury Godfrey and past close by him and put off his Hat to him and Sir Edmundbury Godfrey put off his Hat again to him And after that this Deponent had passed beyond Sir Edmundbury he this Deponent turned about and looked upon him again and Sir Edmundbury Gopfrey stood still and there was a man or two near Sir Edmundbury And this Deponent further saith that he knew Sir Edmundbury Godfrey very well for that he saw him almost daily pass by his Master Bredoons-House in Hartshorn lane going or coming from his own Dwelling-house which was also in Hartshorn-lane And this Deponent further saith that about two or three days after when the Rumor was that Sir Edmundbury Godfrey was missing he acquainted his Fellow Servant Elizabeth Dekin that he saw Sir Edmundbury Godfrey near the Water-gate at Sommerset-House in the Strand that very Saturday 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 Oakely of the Parish of Little St. Bartholomew about a week after the time that Sir Edmundbury Godfreys Body was found and also that he told the same thing to his Father the aforesaid Robert Oakely and to several others in a short time after John Oakely Jurat 22. die Junii 1682. Coram me John Moor Mayor Note in this Appendix to Thompsons Tryal p. 43 44 and 45. You may see four Affidavits viz. of Elizabeth Dekin John Breedon Ralph Oakely the Uncle and Robert Oakely corroborating this last Affidavit and all proving that the Deponent did both before the Body was found ahd soon after relate to them the substance of what he had now sworn therein The Affidavit of Robert Forset Robert Forset of Maribone in the County of Middlesex Esquire 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 Farewel and being not called to give Evidence in open Court maketh Oath That Tuesday the 15th of October 1678. Being the Tuesday that Sir Edmundbury Godfrey was missing He this Deponent was a Hunting with his Pack of Hounds at the very place where the Body of Sir Edmundbury 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 be would find that Hare 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 newly dead Robert Forset Jurat 1. Die Julii 1672. Coram me W. Dolben After these Affidavits were read the Court proceeded to Sentence which was That Thompson and Farewel should stand in the Pillory at the Old Palace-yard at Westminster and each of them pay an hundred Pound and to be imprisoned till they paid it And Pain only Fined an hundred Pound Accordingly Thompson and Farewell did stand in the Pillory with this Writing over their Heads For Libelling the Justice of the Nation by making the World believe that Sir EDMUNDBURY GODFREY Murthered himself But now as if all these things had been transacted in a Corner or were utterly forgot as if still against the Testimony of so many Records the manner of Sir Edmundbury Godfrey's Murther were as uncertain as the story of Brute or a Popish Legend of St. Kit or the eleven thousand Virgins comes the witty Observator and not to mention several of his former squinting reflections in defiance both of Iruth
taken Authentick Copies to confront the Witnesses or that Farewel c. that alleadged and brought a Witness to prove such Copies would not have insisted to have the same read and not totally have declined that part of their business if they had not been conscious that no relief could thence be expected in a Court of Judicature however they might serve their or now the Observator's turn pretty conveniently to stuff out Libels or a muse such of the Rabble as are willing to be deceived 5. What strange Apprehensions will this be apt to beget in Forreigners minds of our English Iustice if such gross Absurdities as the Observator would make them believe be swallowed in our Courts of Judicature and mens lives thus taken away And what Triumphs will the active and witty Jesuits hence erect to themselves and to the scandal of the Protestant Religion in places remote and after-ages and justifie all by the authority of the Observator 6. How pernicious and choaking may this bold Example if it should escape unpunisht prove to all judicial Proceedings For how reserved and loath will many people be to give Evidence against Try or condemn Malefactors of Power or Interest If after the Law and Justice has had its due Course they shall lie under the Lash and Examen of every private Mercenary Scribbler for though I have all the Deference I ought to have for the Observator's Quality yet in such Cases and such Methods I know no priviledge he has above others if it shall remain in every mans power that has Confidence enough to write a Book to Arraign or call to review and reverse or brand with scandal all the most solemn proceedings with Impunity Where 's the Dignity of the Law as Mr. L'Estrange says well or the security of the State if every foul-mouth'd Libeller shall be at liberty to Arraign Authority gratis and to make what Whores Rogues and Traitorrs they please L'Egrange no Papist p. 2. What Traytor what Murtherer shall at any time be Executed but if he have any witty Friend or Confederate surviving may at this rate be Sainted and made a Martyr or celebrated as an Innocent and all the Judges Juries and Witnesses exposed even to the highest Odium and Contempt as often as any Factious Writer has a mind to shew his dexterity in managing a Goose-quill and get money for a Pamphlet 7. The OBSERVATOR seems to be the less excusable in that he had Recent Examples of the Laws just severity against such Practices could not the thoughts of Madam Celier and Nathanael Thompson's Fate restrain him from Embarking in the like designs Could he so soon forget how a certain Fellow was notably whipt and Curtis pillored and fined for publishing a Paper reporting that some Persons acted the late Lord Russel's Ghost Was not Mr. Braddon's Punishment fresh in memory for intermedling about the Earl of Essex's Death after the Coroners Inquest had found him felo de se or Sir Samuel Barnadiston's being fined in a great Summ for missrepresenting tho' but in a private Letter the late horrid Fanatical Conspiracy If therefore it shall appear that the Observator in defiance to Truth and all those Proceedings has deliberately and that in Print and more than once or twice unnecessarily and upon design called into question the manner of Godfreys Murther after it was setled by Law and forged Contradictions which really never were in the Evidence and slandered the Witnesses and by Consequence abused his Majesty and the whole House of Peers nay the Justice and Honour of the Nation and thereby Exposed it as much as in him lies to Contempt abroad and the unjust scandal of lying under the guilt of Innocent Blood at home What Animadversions he ought to be lyable to is with all humility submitted to Authority Nor will what he subtilly insinnates Observator 145. That neither OATS nor his CASE nor his PLOT is the fame at this day which it was at their first appearance but the Contradictions the frauds and the Complicated Iniquities of Fiction and Canfedracy which time hath since brought to light have given us a full and clear discovery of a thousand things which to the four Parliaments lay quite out of sight This I say will not at all relieve the Observator for how true or rather false soever the same may be as to the Popish Plot in general which here I intend not to Examine yet as to the Murther of Sir Edmunabury Godfrey I must avow That neither time nor the Observator's Industry after five years active Endeavours have not brought one fyllable one Circumstance to light that may in the least seem to invalidate the Evidence which was not known and apparent at the Tryal of Green Hill and Berry But on the contrary 't is notorious that a multitude of matters Testimonies and Circumstances have been discovered which every way strengthen and abundantly Confirm the Evidence of Bedloe and Prance there given Since therefore such fatal Consequences dishonourable to the King and Kingdom attend the Observators Suggestions And that as he had no Right so he could have no honest Loyal Design to intermeddle therewith even supposing them true what then will you say if they are utterly groundless and false Certainly next to the Murther it self or that Cause which occasioned it there could scarce either a more audacious or mischievous wickedness be attempted Now to demonstrate that the Observators Clamours are as groundless as malicious shall be our next Eudeavour And indeed 't is quickly done for there is one Continued thred of Fallacy or rather Forgery runs through all his Cobwebb Contexture which being once taken notice of there will not remain the least colour of argument in all his three Papers to weaken the testimony For wherever Bedloe swears what Lephair c. told him the Observator very wittily but how honestly let others judge omits that part of the deposition and puts it as if Bedloe had positively swore it of his own knowledge and so therewith Confronts Prances testimony and then tragically cryes out O Rogue O Rascal See how they contradict and give each other the Lye 'T is also fit to consider the Observators Vouchers how does he prove the depositions of Prance and Bedloe before the Lords Why forsooth from a certain Pamphlet wherein I perceive the Gentleman is well read Intituled Series which I confess living in the Country I had never heard of till I found it here so often cited and thereupon coming to London and inquiring in Pauls-Church-Yard and Fleet-street I understood it was a Night-Bird rare to be met with but at last I got a sight of it and found it so far from being published by any Authority that the very Printer and Bookseller both were either afraid or ashamed to own it or affix their Names And altho Mr. Observator for the greater credit of the business Cryes See Series or the Journal of the Lords OBSERVATOR Numb 141. whereby craftily he
be concerned in the Murther tho' then not naming the Person and he promised to meet them for that purpose at Somerset-house on the twelfth of October at night but failed This might raise some Suspicions of him However to ingage him as deep as 't was possible Lephair appoints him to meet on Monday night and then told him the business was done proposes a Reward if he would help to carry off the Body and shew'd him the same having first told him the before mentioned long but false story of the manner of the Murther and conjur'd him upon the Sacrament he had lately received to be there again that night about eleven or twelve a Clock to help off with the Body which they said they would carry out in a Chair and put it upon himself and that the Porter was to sit up to let them out c. Now the design of telling him these false Circumstances of the Murther might very well be That if he should offer to discover whereof they might have some certain Suspicion for the Reasons aforesaid then he charging it upon wrong persons viz. Lephair Walsh c. They no doubt were well provided with Testimony where they were all that very Night the murther was done and so would have thrown off his Evidence And finding that Bedloe did not come that Monday night at eleven or twelve a Clock according to his promise they grew more jealous of him and deferred the carrying out of the Corps till Wednesday following Which answers all the Observators Taatle numb 141 142. on that Subject which he would make a mighty Contradict of as if whereas Prance swears the Body was not carried out till Wednesday night Bedloe should depose that it was carryed out an Monday Whereas Bedloe swears no such thing but that they told him or said they had agreed to carry it out then but he replyed it would be too soon and that eleven or twelve a Clock would be better And that they were under some such Suspicion of Bedloe especially after his second failing on Monday night may be presumed from their removing the Body the next night into another Room where it had not been before as Prance sets forth Tryal p. 19. How much the Court was satisfied with the Truth and Co-herence of the Evidence and so far from apprehending any Contradictions that on the contrary they judged the same wonderful Agreeable as far as the nature of the Case would bear appears besides what we cited before by these words of the Lord Chief Justice to the Jury upon the Tryal of Green Berry and Hill Fol. 80. It is hardly possible for any man to invent such a Story for Prance it is I believe I find it is no hard thing for the Priests to contrive such an Action but for Witnesses to agree in so many material Circumstances with one another which had never conversed together is impossible If all this had been a Chimera not really so then Prance must be one of the most notable Inventors in the World there must have been the mightiest chance in the World that Mr. Bedloe and he should agree so in all things and that the Maid should swear that Hill was there that Morning and that the Constable should find the Body just as they had told Prance they had left him so that upon the matter you have two Witnesses almost in every thing for Mr. Bedloe seeing him in the place Murthered is a plain Evidence that the thing was done and all the other Witnesses speaking to Circumstances both before and after makes the Evidence plain that these were the men that did it And I see nothing in-coherent in all Mr. Prances Testimony I would noturge this so if I were not satisfied in my own Conscience that the Relation is true Thus the Lord Chief Justice to the Jury It is farther to be noted That Bedloe on his Death-bed when he was on the Brink of Eternity and was satisfied that his Dissolution was very near did with repeated Asseverations avow the Truth of all his Depositions And as I find it in an Account soon after Published of his Death by Randal Taylor and which I never heard was questioned or confuted did to the Right Honourable the then Lord Chief Justice North now Lord Guilford and Keeper of the great Seal declare amongst other things That whatsoever he had Declared to the King and Council and the secret Committee and at the SEVERAL TRYALS upon Oath were all true upon the Word of a dying man Adding these Emphatical Expressions That he expected no Crown of Martyrdom for lying as the Papists did but what he said was sincerely true as he was shortly to appear before the Great Jehovah the Maker of all Flesh where he should stand with a clear Conscience as to all matters of the Plot wherein he had given Evidence This was Monday August 16. 1680. and growing weaker and weeker on Wednesday Night was taken Speechless but on Thursday night his Speech being restored one standing by again asked him If he were satisfied in his Conscience as to what he had sworn To whom he Answered That as he hoped for Salvation all that he had sworn about the Plot was just and true and that he had rather Omitted than Augmented any thing he had given in Evidence This he spoke the very Night before he dyed and after he had been in a Trance several hours the next day August 20. 1680. about two of the Clock in the Afternoon he expired And so notorious in Bristol was this his last Assertion of the Truth of his Evidence That there were Escutcheons fixed on his Hearse with this Inscription in Black Letters in a Field Argent Testimonium quod vivens Exhibuit Moriens constanter Obfirmavit The Testimony which he living Exhibited dying he constantly did Confirm And is it not hard very hard inhumane and uncharitable as well as bold and reflective on the publick Justice for the Observator now four years after this Persons death and near fix since the manner of Godfreys Murther was settled by Law to come with the Negromancy of a Company of palpable Tricks actuated and raised by the Daemon of Drollery to load the deceased with opprobious Names and render that Solemn Testimony of his and all those Reverend Authorities that gave it Credit Contemptible and Ridiculous and as much as in him Lyes Odious As for Prance the other chief VVitness be being as much a Stranger to me as the Observator himself I love not to make needless Apologies for People I am acquainted with only I cannot but observe 1. That the Observator has moil'd and toil'd most heartily for some years to Blacken him but after all I do not see that he has so much as Charged him with any thing that can be pretended to invalidate his Evidence and if he cannot do that all the rest is impertinent Libelling even supposing the matters were true 2. That the Observators common
places against Prance about Brass-Skrews cheating her Majesty in the Antipendium c. are wholly fictious and scandalous I am confident all men of sence will conclude that shall read the Book set forth by Prance about Christmas last intituled A Postscript to the Observators First Volume c. Wherein those Clamours are so fully modestly and undeniably Confuted by Reason Affidavits and all kind of Competent Proofs that it was a plain Demonstration how unable the most witty Slanders are to stand before plain naked Truth and must wonder at the fore-head of an Observator that can repeat those baffled Calumnies after he was therein so clearly Convicted of Falshood and Scandal 3. 'T is the most accountable thing in the World That Prance bred a Romanist almost from his Cradel so zealous in that perswasion all or most of his Relaations such A man who had his whole Trade and Dependency on that Party For besides his work at her Majesties Chappel which was very considerable the main of his other Imployment came from Priests and Papists And a Tradesman of Substance in the World for he averrs and makes it very probably appear in his Book before cited p. 5. That he was worth a Thousand Pounds when taken and consequently might perhaps be a better man in Estate than some Observators at that time And that he came not in for Lucre of moneys appears likewise in that he did not take the Advantage of his Majesties promised Reward of 500 l but stood out still till he was taken and charged Nor is it so much pretended that he then received any Affronts from his own Party the Romans but was in great esteem with them so that it could not be out of Malice or Revenge I say 't is the most unimaginable thing in nature That a person thus Circumstanced should falsly accuse himself in a most detestable Murther and contract the guilt of three innocent mens Blood and bring a scandal on that Church he then loved so well to the apparent hazzard of his Life and Credit and Destruction of Temporal Advantages if it had not been upon the horrors of Conscience and Convictions of Truth it must certainly be impossible he should have done all this 4. Since the Observator is so zealous in his Repetitions that to support his vain Shams he recites Observator Numb 142.145 and again 169. what he had more than enough said Numb 141. I hope the Reader will pardon if we briefly Recapitulate here the several Evidences that have Coroborated the Truth and makes it as conspicuous as the Sun in his Meridian Lustre that Justice Godfrey fell by Popish hands and in that manner Prance relates 1. 'T is most plain that Sir Edmundbury was apprehensive of his being Assassinated by Papists Esquire Robinson Prothonetary of the Common-Pleas A Gentleman of unquestionable Reputation deposes positively that on the seventh of October but five dayes before the Murther Godfrey discoursing with him about the Plot and the Examinations by him taken said he should have little thanks for the same and that he was afraid the Depth of the matter was not found out and then added these observable Words Vpon my Conscience I believe I shall be the first Martyr Secondly That both Green and Hill had been at Godfrey's house the former about a fortnight before the latter on the very morning that he was missing agreeable to Prance's Evidence of what they had told him is sworn by Sir Edmundbury Godfrey's Maid Servant Elizabeth Curtis who also swears that Hill had on that morning the very same Cloaths which he wore at the Bar and he acknowledged that he had not changed his Cloaths Tryal page 40. She also deposeth that others about that time came to their house with strange notes which her Master Sir Edmundbnay said he did not know what to make of Thirdly The Intimacy of Gerald Kelly Green Berry and Hill with Prance and their frequent Meetings at the Plow-Ale-house about that time is proved both by the Master of the House and his Servants Tryal page 41 and 42. Fourthly That Sir Edmundbury Godfrey's Neck was broken And that the Wound or Wounds given by the Sword run through the Body when found were not the Cause of his Death That having on then a Flannel Wastcoat and Shirt neither of them or any of his Cloaths were penetrated is testified by two able Chirurgeons that viewed the Body Fifthly That Sir Edmundbury Godfrey about nine of the Clock October 12. 1678. the very time Prance mentions was seen come along the Strand by Somerset-house and towards the Water-gate stopt to speak with somebody see Oakly's Affidavit before recited Sixthly That the Body of Sir Edmundbury Godfrey in the Ditch or his Stick and Gloves on the Bank where he was found on Thursday Evening were not there on Wednesday See the before recited Affidavit of Squire Foaset and Nathaniel Thompsons Narrative Printed on his own view and written by his own Directions immediately after the Body found recited in Thompsens Tryal Fol. 49. Though afterwards the same Thompson as before-mentioned had the Impudence to publish Libels not only contrary to Truth but even his own particular Knowledge and Printed handy-work Seventhly What Prance had long before declared of the Meeting at Bow after the Murther and reading the Paper of the manner of Sir Edmundbury Godfrey's Murther is wholly Confirmed by two Witnesses and particularly by Evan belonging to the house who swears that they pull'd out a Paper and read it and named Sir Edmundbury Godfrey's name and whilst he was at the door somebody came and threatned to kick him down Stairs Just as Prance said in every particular Consider all these and many other Circumstances in the Tryals of Green Berry and Hill of Celier and Thompson c. And let any reasonable man judge whether there be yet any doubt to be made by whom or how Godfrey was Murthered Especially if he at the same time reflect who and of what stamp the only Persons are that have endeavoured to render it dubious viz an Anonimous Paper of Reflections famous Mrs. Celiers Fitz-Harris Magrath both Irish Papists the now-more-then-ever notorious Thompson Farewel c. and after all tho most bold and yet to the praise of the rest of the Intriguers be it spoken in this matter the most empty and triffling Observator Upon whose Papers on this Subject unworthy a Gentlemans Pen I should not have bestowed so much pains did I not observe how much they are Cryed up and greedily swallow'd by many half-witted people that esteem every thing he writes as Authentick as sacred Oracles and think all that oppose or detect his Scandals of any kind must needs be Phanaticks Whiggs and Enemies to the Church of England as by Law Establisht Now what a friend to the Honour of the Government the Observator is has partly appeared in this matter And what regard he has to the Church of England his Outrages and Reflections on several