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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

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to keep to that which is most pressing in the Evidence he went to Sir Edmondbury's House This he seems to deny but the Maid does Swear it expresly upon him and says She came first to him and went up Stairs and then came back again and still he was there And she swears positively she knows him by his Face and by the Clothes he then had on which are the same Clothes he hath on now and that that is the Man that was with her Master and this which they cannot disprove half proves the matter VVhat had he to do at Sir Edmondbury Godfry's House But that would be an hard puzling Question to be put to him VVhat did you there And therefore he is to deny it but the Maid proves it upon him as well as Praunce So that I would have you consider how many VVitnesses you have to one thing or another all conducing to this point You have first Mr. Oates that tells you the Discourse that passed between Mr. Edmondbury Godfrey and him the Maid tells you that both these Men were there one at one time and the other at another and you have Mr. Praunce that knew the whole Affair who tells you so likewise and that they were resolved to do the VVork that day in so much that if they could not doe it as they had before contrived it and Sir Edmondbury Godfrey was sensible that he was Dogg'd up and down Girald did resolve to dogg him to his own Door and kill him in the Lane that leads to his House he would have run him through himself and this Girald is one of those Priests whose Church counts it no sin but an Act of Charity to Murther a Christian to propagate Christianity When they had way-laid him and watcht his coming from what place Mr. Praunce cannot tell for he knows nothing but what they told him and they only named in general that he was Lodg'd in St. Clements and thereupon one comes to acquaint him that they would intice him in at the VVatergate by Sommerset-House and they would do it with art enough for they never want a contrivance for so charitable an Act and it was upon this pretence that there were Two men a wrangling and fighting and then he being a Justice of the Peace was a Person that would part the Fray easily And it was a probable invention for Sir Edmundbury Godfrey was a Man that was as willing to do all acts of Justice as any one and as little afraid to do it for the Witness tells you before that he said if they did do him a mischief they must do it basely for he did not fear the best of them upon fair play Then when he was desired to get himself a Man to follow him he slighted the advice And we all know that he was a Man of singular Courage and therefore it was the easier to lay a trap for him Then saith Praunce When he was got in Berry and I were to have several Posts which we were to go to I to one place and Berry to another and I staid saith he till Green threw the Cravat about his Neck and was assisted by Girald and the rest that were there And then as soon as we could imagine the thing to be done Berry comes in and Praunce comes back from his standing and by some Motions findes that he was alive and that till Green twisted his Neck round which the Chirurgions say was plainly a Broken Neck and nothing of the Wounds which were in his Body were given him while he was alive When they had done this he tells you they carried him to Mr. Hill's Chamber Berry Girald Kelly and the rest all helpt him in and there they leave him Then Praunce goes away This was on Saturday-night Then Praunce comes again on Munday-night and finds him removed to another Chamber hard by where he saw him by the light of a Dark Lanthorn with something thrown over his face and afterwards on Tuesday-night following they did remove him back to Hill's Lodgings and there he lay till Wednesday-night when they carried him out Saith Praunce I saw him that night I was the Man that help'd to carry him out for it was Praunce and Girald that carried him first and it was Green and Kelly who went before and took him up afterward He tells you they set him upon an Horse-back and Hill behind him They carried him out in a Chair which was a thing that used to come in and go out there and so the less notice would be taken of it I will observe to you afterwards on the Prisoners behalf what is said for them to all this But as to Praunce you see he hath given you an Account from the top to the bottom from the first Transaction between them from the time of his being called by them to help in the Murder and from his seeing the Handkerchief twisted about his Neck his Neck twisted round how they disposed of his Body at first what removes they made and when they carried him out who were in company who relieved them and what became of him at last He says he saw him set up before Hill on Horseback and they told him they had thrown him in a Ditch and Girald had run him through with his own Sword and in that posture and in that place the Constable found him The Chirurgions tell you that it was by the twisting of his Neck and the Strangling that he was kill'd and not by the Wounds and the very bruisings which Praunce speaks of were found upon the view of the Body So that here is not any one thing that is not backt either in some particular circumstance or other besides Mr. Praunce's Testimony who alone could give the Narrative of the Fact And it is no Argument against Mr. Praunce in the world that he should not be believed because he was a party or because he after denyed what he first said First because you can have no body to discover such a Fact but only one that was privy to it So that we can have no Evidence but what arises from a party to the Crime and in the next place his denyal after he had confessed it to me does not at all sound as an act of falshood but fear it is not a good Argument to say that he is not to be believed because he denyed what he once said for he tells you he had not his Pardon he was in great Consternation the horrour of the Fact it self and the loss of his Trade and Livelihood was enough to do it But how short was his denyal and how quick was his Recantation for he denyed it before the King not upon Oath he Swore it upon Oath but he denies it upon his Word only but by that time he got home to Newgate with Captain Richardson he fell down on his knees and begg'd him for God's sake to carry him back to the King for what I did say at first said he
did give him what encouragement I could that he would suffer in a just Cause and the like but he would often tell me he was in continual danger of being hurt by them Mr. Attor Gen. We desire Mr. Robinson may be sworn Which was done accordingly Mr. Recorder Pray Sir will you tell the Court and the Jury what discourse you had with Sir Edmondbury Godfrey and what apprehensions he had concerning this business Tho. Robinson Esquire Chief Prothonotary of the Court of Common-pleas My Lord Sir Edmondbury Godfrey and I were of a very ancient acquaintance for above forty years we were bred up together at Westminster School and continued in that acquaintance all along except in the time of the War and were for many years together in Commission for the peace both for this County and this City We met at the quarter-Quarter-Sessions for Westminster the seventh of October which was Monday as I take it and meeting there we went after the Court was up and dined with the head Bayly as the custome is where Sir Edmondbury Godfrey and I did discourse several things about this Plot I said to Sir Edmondbury Godfrey I understand you have taken several examinations about this Plot that is now made publick truely said he I have but I think I shall have little thanks for my paines or some such words saith he I did it very unwillingly and would fain have had it done by others why said I you did but what was your duty to do and it was a very good act pray Sir have you the examinations about you will you please to let me see them no I have them not said he I delivered them to a person of quality but as soon as I have them you shall see them But said I I should be very glad to understand Sir Edmondbury that the depth of the matter were found out I am afraid said he of that that it is not but discoursing further he said to me Upon my Conscience I believe I shall be the first Martyr Why so said I are you afraid No said he I do not fear them if they come fairly and I shall not part with my Life tamely Why do not you go with a man said I if you have that fear upon you Why said he I do not love it 't is a clog to a man but said I you should do well to keep a man I observe you never go with one Mr. Attor Gen. But did he tell you Sir that he did believe he should be the first Martyr Mr. Robinson Yes He did say upon his Conscience he did believe he should be the first Martyr and this is all I can say of this business Mr. Attor Gen. Then if your Lordship please we will in the next place call Mr. Praunce who was drawn in to be present at this businesse and who knew of all the fact and will give you an account of the whole matter Then Mr. Praunce was sworn Mr. Attor Gen. Pray Sir begin at the very beginning The meetings you had at the Plow-Ale-House and the sending to Sir Edmondbury's House and all the Story L. Ch Just Mr. Praunce pray tell us the first motives that were used to you to do this thing and the first time it was mentioned who they were that first mentioned it and where Mr. Praunce My Lord it was about a fortnight or three weeks before he was murdered we met several times at the Plow-Ale-House L. Chief Just With whom Mr. Praunce With Mr. Girald Mr. Green and Mr. Kelly Girald and Kelly did intice me in and told me it was no Sin Mr. Recorder Girald and Kelly did Mr. Praunce Yes Girald and Kelly Mr. Recorder VVhat are they Mr. Praunce Two Priests And they said it was no sin it was a charitable act They said he was a busie man and had done and would do a great deal of mischief and it was a deed of Charity to do it and so they told the rest besides Mr. Attor Gen. Where was it they said thus Mr. Praunce They said it at the Plow and by the Water-side Mr. Recorder Well said how long was it before he died Mr. Praunce A week or a fortnight before he was murdered and Green Hill and Girald met there together Mr. Attor Gen. What discourse had you then Mr. Praunce There they resolved that the first that could meet with him should give notice to the rest to be ready and so in the morning when they went out on Saturday Mr. Attor Gen. But before you come to that do you know of any dogging of him into the fields Mr. Praunce Yes it was before that I heard them say they would and had dogged him into the fields L. Chief Just Who did you hear say so Mr. Praunce Girald Kelly and Green Mr. Attor Gen. That Green is one of the Prisoners Mr. Recorder Which way did they dog him what Fields Mr. Praunce Red Lion fields and those by Holborn Mr. Attor Gen. Why did they not kill him there Mr. Praunce Because they had not opportunity Mr. Att. Gen. Do you know of any sending to his House or going to it Mr. Praunce One time I do know of and that was Saturday morning Mr. Kelly came to give me notice that they were gone abroad to dog him and afterwards they told me that Hill or Green did go to his House and ask for him but the Maid told him he was not up and then went away and said he would call by and by Hill What time was that in the morning Mr. Praunce It was about nine or ten a clock in the morning Hill And had we been there before or after Mr. Praunce You had been there before Mr. Recorder Pray stay till such time as we have done with our Evidence you shall have all free liberty to ask him any Question but you must stay till we have done Mr. Praunce As soon as they heard he was within they came out and staid for his coming out and dogg'd him L. Chief Just Did all three of them go to his House Mr. Praunce No my Lord L. Ch. Just Who was it did go Mr. Praunce Only one either Hill or Green L. Chief Just How do you know that Mr. Praunce They told me so themselves for they came to give me notice L. Ch. Just. Who told you so Mr. Praunce It was Girald and Green both L. Ch. Just Did Green tell you that he had been there Mr. Praunce He told me one of them but I am not certain which And so my Lord after that when he came out they dogg'd him that day up and down Mr. Justice Jones Who dogg'd him Mr. Praunce Girald Green and Hill dogg'd him into St. Clements and about seven a clock Green came and gave me notice that he was at Saint Clements and I came to Somerset-House as fast as I could L. Chief Just Where were you Mr. Praunce At my own house L. Chief Just How far did you live from Somerset-House Mr. Praunce I lived
blood by Man shall his blood be shed for in the Image of God created he him So saith God to Noah intimating and declaring thereby That the intention of God Almighty in the making of that Law was the preservation of mankind and that he will not admit or suffer his Image to be defaced or destroyed If it shall be accounted Treason against Earthly Princes to deface their Images is it not much more Treason against the great God of Heaven and Earth to deface his Image who is the King of Kings and Lord of Lords The Greatness of this Sin struck such a damp and horrour upon the Soul of Cain that it made him cry out his Punishment was greater than he could bear or as our Bibles have it in the Margin his Iniquity was greater than could be forgiven and it shall come to pass that whosoever meeteth me shall slay me Being Conscious to himself that it was just and lawful that whosoever did meet with him should slay him And God himself doth set forth the hainousness of this offence when he tells him his Brothers blood cry'd to him that is cried unto God from the Earth for Vengeance Blood it is of a crying nature and will never cease crying till it find out the Man-slayer It is an Offence so hainous in the Eye of God that he will not endure it in a Beast God saith he will require it of a Beast And doth God require Blood of a Beast a brutish Creature void of all Reason and will he not require it much more of Man whom he hath endued with those two great Faculties of Reason and Understanding And certainly if Murder in general be enquired after I may well say this of yours there hath not been committed a more impudent and barbarous Murder in this Civiliz'd Nation by one Subject upon another And observe how you did effect this Murder with baseness enough See the baseness of it As the Devil was the Father of Lies so he was a Murderer from the beginning and you first begun your Murder with an Hellish studied and premeditated Lie Knowing that this Gentleman was a person very vigorous in the Execution of his place that would omit no Opportunity of doing his Office you pretend you have occasion for him and by this means draw him into your snare where what you do you do cowardly and basely first disarm him then fall all upon him and murder him as the Prophet David saith of the ungodly man first gets the Righteous man in his Net and then ravisheth him Had such a thing as this been acted by us Protestants in any Popish Country in the World I doubt there would scarce have been one of us left alive They would not have taken this course that hath been taken with you to admit us to a fair Trial no they would have made their own hands their Avengers But God be praised we are of another Religion and of another Perswasion We leave Vengeance to God and under him to the Magistrate who beareth not the Sword in vain as you now find If I could abstract folly from wickedness certainly it was one of the greatest pieces of folly and sottishness in the world For what could be your end in it Did you think that all the Magistrates in England were lodged in Sir Edmondbury Godfrey that if he were taken out of the way there were not men of Spirit and Courage as faithful and diligent as he was Trouble not your selves nor let those of your Perswasion trouble themselves there are a numerous Company of Magistrates in this Kingdom that will do the same thing and act in and execute their Offices with the same Courage And as to the manner of the Murder whom have you destroy'd A Magistrate For what For the Execution of his Office One that was a Conservator of the Peace and whose study it was to preserve you in Peace on him you have violated the Peace and nothing less would satisfie you than his precious Life An Affront to the Law to the Magistrate to the King to the Nation yea to God himself upon whom an higher Affront could hardly have been put For the Magistrate is Gods Ordinance God hath set him up to avenge himself upon the wicked and to reward the good and he doth not bear as it is a sign by you he hath not born the Sword in vain I might say much more concerning the hainousness of this Offence but had I the tongue of Men and Angels I could not say enough to set out the horrour of it And now let me tell you I do not speak this to insult and domineer over you I praise God I am of another spirit he knows I have another end in what I say and my end is meerly this to perswade you from the foulness of your fact to make a good use of it that the horridness of your sin may make the greater and deeper impressions on your Spirits and so make your repentance more sincere and efficacious Had you as many years to live as you have hours it were little enough to bewail this horrid Offence But on the other side as that will be little enough yet let me give you this comfort you have time enough if you make a good use of it to make your peace with God Pray let me dehort you from one thing and that is this Do not be of the Opinion of those wicked miscreants the Jesuites that have put you upon this matter for I have so much Charity for you as to believe they made it a matter of Religion to you and justifiable upon that account Do not think so for the Law of God is indispensible and no power under Heaven can License to murder So that though the Offence in them is abominable yet in you 't is an Offence too and an horrid one And when you have consider'd it as such I then desire you to take a right course to make your peace with God For you must pass under another Judgment than that of man and that shortly you must stand before the Judge of Heaven and Earth And therefore if by this means you can prevent that future Judgment you will have Just cause to thank God that you had your punishment here on earth Therefore let me advise you to spend every minute you have left in a free acknowledgment of all your Offences For certainly some sin went before or this had never come after One sin dogs another and makes way for the Commission of another And what must you rely upon not upon any trash or trompery not upon any merit of your own there is but one Saviour and Mediatour the Lord Jesus Christ And I would advise you in the words of that great Cardinal one that was one of the greatest men of your Religion Bellarmine I mean who having made a scrutiny which was the safest way for securing Heaven made the conclusion thus To trust Only upon the Lord Jesus Christ for Life and Salvation which I advise you to do I have now done what I intended to say to you and what I have said I spoke to deliver my own Soul and upon no other account I now pronounce the Judgment which the Law hath appointed to pass upon such Malefactors and that is this That you go from hence to the place from whence you came and from thence to the place of Execution where you shall be severally hanged by the Neck till you are severally dead and the Lord have mercy upon your Souls Hill I humbly beg one favour that I may have the priviledge to see my Wife and Children and my Brother before I dye sometimes L C J God forbid else Hill Any day I hope my Lord. L C J Captain Richardson let them have the liberty of seeing their Friends but do it with care and caution Mr. J Wyld And I will say this more to you if you will have any Religious Protestant Divines to come to you they shall be sent you but none of your Priests Hill I desire only my Relations Mr J. Wyld You shall have them and we offer you the others Green I have no Relations that are Catholicks but two and they are not Priests God bless the King and I desire all good people to pray for us L C J Mr. Astry let the Rule be entred for their Execution on Monday next Cl of the Crown Captain Richardson you shall have the Rule for their Execution on Monday next Then the Keeper carried away the Prisoners to the Gaol to be reserved till their Execution On Friday the 21 st of February following the Prisoners Robert Greene and Lawrence Hill were Executed according to the Sentence pronounced against them FINIS Speaking to a Clerk of the Crown-Office