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A63184 The tryal of Nathanael Thompson, John Farewell, William Pain before the Right Honourable Sir Fran. Pemberton, Kt., Lord Chief Justice of England, by nisi prius at Guild-Hall, London, the twentieth of June, 1682, for writing and publishing scandalous letters to Mr. Miles Prance, in relation to the death of Sir Edmund-bury Godfrey Thompson, Nathaniel, d. 1687, defendant.; Pemberton, Francis, Sir, 1624-1697.; Prance, Miles, fl. 1678-1689, defendant.; Paine, William, defendant.; Farwell, John, defendant.; England and Wales. Court of King's Bench. 1682 (1682) Wing T2206; ESTC R22848 10,973 17

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THE TRYAL OF Nathanael Thompson John Farewell William Pain Before the Right Honourable Sir Fran. Pemberton K t. Lord Chief Justice of England by Nisi Prius AT Guild-Hall London the Twentieth of June 1682. For Writing and Publishing Scandalous Letters to Mr. Miles Prance in Relation to the Death of Sir EDMUND-BURY GODFREY LONDON Printed for William Mason 1682. THE TRYAL OF Nathanael Thompson John Farewell William Pain MR. Farewell only appeared Personally being a Prisoner in the Kings Bench and brought thence But Thompson and Pain though called appeared not but only by Council The Jury being Impannel'd Were as Follows Mr. Peter Hubland Forem Mr. Ellis Mr. Barry Mr. Brooks Mr. Bifield Mr. Lee. Mr. Whitwood Mr. Sambrook Mr. Jacob. Mr. Denew Mr. Bailey Mr. Howard Who being Sworn the Information was Read The Substance of which Was this Mid. ss THe Informations sets forth That on Tuesday next after the Purification of the Virgin Mary in Hillary Term in the thirtieth and thirty one Year of this King Robert Green _____ Gerrald Henry Berry Lawrence Hill Dominick Kelly and Philbert Vernatt were Indicted for that they Feloniously and out of Malice forethought did make an Assault upon Sir Edmund-bury Godfrey and with a Linnen Handkerchief did Strangle the said Sir Edmund-bury And afterwards on Wednesday next after the Purification of the Virgin Mary in Hillary Term in the thirtieth and thirty one Year of this King the aforesaid Robert Green Henry Berry and Lawrence Hill by Writ of Habeas Corpus were brought to the Kings Bench Bar to plead to the said Indictment and thereupon they said they were not Guilty and put themselves upon their Country and thereupon Issue was Joyned and were found Guilty by a Jury of the Felony and Murder aforesaid and thereupon were Executed And that one Miles Prance being Produc'd as a Witness for the King then gave Evidence against the said Green and others to Prove them Guilty of the Felony and Murder aforesaid And likewise William Bedlow John Brown Elizabeth Curtis and others were Produc'd as Evidence for the King against the said Hill and others And that one Nathaniel Thompson William Pain and John Farewell being Devilishly affected to Scandalize the said Prance Bedlow Brown and others in their said Evidence and abscond and detect Machinations of the Papists against the King c. And endeavouring to perswade all Persons that the said Hill and others were Executed unjustly and that the said Sir Edmund-bury Godfrey Murdred himself And the said Thomson Paine and Farewell to fullfil their wicked Intentions falsly and Devilishly made a Scandalous Book Intituled a Letter to Mr. Miles Prance in Relation to the Murder of Sir Edmundbury Godfrey which follows in these Words Thomsons Intelligence recited Verbatim And the said Thompson Paine and Farewell knowing the said Libel to be Wicked Scandalous and False unlawfully and Devilishly did utter and Publish in the great Contempt of Publick Justice in the evil Example of all others in the same Case Offending against the Peace c. To this they Pleaded not Guilty Cryer O Yes O Yes O Yes If any man can Inform my Lord the Kings Justice the Kings Attorney before this Inquest be taken against any the persons Informed against let them come forth and they shall be heard C. Thompson My Lord and you Gentlemen of the Jury This is an Information against Nathaniel Thompson William Pain and John Farwell for Printing and Publishing several Scandalous Libels about the Death of Sir Edmundbury Godfrey whereas we are satisfied that Green Berry and Hill were Indicted Tryed and found Guilty and Executed for the Murder of the same person upon the Tryal of the same matter several Witnesses were Examined viz. Mr. Bedlow Mr. Prance and others and by the Inquisition of the Coroners it appears that the said Sir Edmundbury Godfrey was killed by persons unknown though after this it has sufficiently appeared who were the Murderers and some of them have received their due Reward for that so horrid a Crime by the publick Justice of the Nation Yet these Persons have Maliciously Printed and exposed several Scandalous Letters to Mr. Miles Prance reflecting on Sir Edmundbury Godfrey as if he had Murdered himself and likewise on all the Witnesses as if they had Contradicted themselves in the Tryal of Green Berry and Hill Now if we can prove them Guilty of these Scandalous Libels remitted we doubt not but you will find them Guilty of the matter of the Information Clark Read the the Indictment of Green Bury Hill and Kelly the 12th of October the 30th of the King which being Read it plainly appeared that they were Indicted and found Guilty of the Murder of Sir E. B. Godfrey C. Thomp Mr. Saunders being of Council with one of the Defendant will you put us upon proof that they were Executed for the same Mr. Saunders Yes Cryer Captain Richardson come into Court C. Thomp Captain Richardson were Green Berry and Hill Executed for this Crime Capt. Rich. Yes Sir they were Executed for the Murder of Sir E. B. Godfrey and I saw them Executed Council Mr. Prance did you give Evidence against Green Berry and Hill for the Murder of Sir E. B. Godfrey Prance Yes Sir I did Council Was Brown a Witness too Prance Yes Coun. Was Elizabeth Curtis Prance I Don't know but I think she was Coun. Eliz. Curtis were you a Witness for the Murder of Sir E. B. Godfrey E. Curtis Yes if it please your Honour my Lord. Cryer Sir John Nicholas Sir Philip Floyd W●lliam Bridgeman Esquire make room there Officers go out make room there for the Witnesses to come in These three Gentlemen were sworn L. C. J. Sir Philip Floyd were these Papers owned by Thompson Farwel and Pain look on them Sir Ph. F. My Lord these are the two Papers I indorst with my own hand and they owned them to be their Writing Farwell writ one of them and Pain the other and they acknowledged that Thompson Printed them and Thompson likewise consest the same before the Council Sir John Nicholas and Esquire Bridgman spoke to the same effect Sir Fra. Withins My. Lord and you Gentlemen of the Jury you see that Farwell and Pain owned the Writing of them and Thompson the Printing of them Mr. Saunders Which was it that Farwell did own Sir J. Nicholas Farwell did own the first read in Council and the other the second but I cannot certainly say which but I markt them L. C. J. Do you believe those Notes and Minutes to be true Sir John Yes I took the Notes my Lord. Council Sir Philip did Thompson own the things produced the 29th of March as Printed by him Sir Phil. Yes L. J. C. Read the Letters Both the Letters being Read and Nath. Thomsons Intelligences Numb 125. and 127. Read likewise Serj. Maynard Spake here very Learnedly and descanting on these Letters and Pamphlets but with so low a voice that was not Intelligible to the Writer Mr. Sanders My