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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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February 10. 1671-79 I Do appoint ROBERT PAWLET to Print the TRYALS of Robert Green Henry Berry and Lawrence Hill And that no other Person presume to Print the same WILLIAM SCROGGS VERITAS EX CINERIBVS REVIVISCIT AETATIS SVÆ 57 The true Effigies of S r EDMOND BURY GODFREYE Knight and Iustice of the Peace who was MURTHERED by Papists the 12 th day of October Anno. Domini 1678. AETATIS SUAE 57. Sold by Arthur Tooker Stationer Print Map And Picture Seller At The Royal Hand Globe Near Chareing Cross F H Van. Houe Sculp THE TRYALS OF ROBERT GREEN HENRY BERRY LAWRENCE HILL For the Murder of S R. Edmond bury Godfrey K nt 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 K nt Lord CHIEF JUSTICE of that Court And the rest of His Majesties Judges there On Monday the 10 th of February 1678-79 Where upon full Evidence they were Convicted and received Sentence accordingly on Tuesday the next day following LONDON Printed for Robert Pawlet at the Sign of the Bible in Chancery-Lane near Fleet-street 1679. THE TRYALS OF ROBERT GREEN HENRY BERRY and LAWRENCE HILL For the Murder of Sir Edmond bury Godfrey Knight ON WEDNESDAY the 5 th of February 1678. Robert Green Henry Berry and Lawrence Hill were brought from His Majesties Goal of Newgate to the Bar of the Court of Kings-Bench to be Arraigned for the Murder of Sir EDMONDBURY GODFREY upon an Indictment found by the Grand Jury for the County of Middlesex on Monday the morrow of the Purification of the Blessed Virgin Mary and the Court proceeded thus Mr. Just. Wild Arraign'd the Prisoners Clerk of the Crown Robert Green Hold up thy Hand Henry Berry Hold up thy Hand Lawrence Hill Hold up thy Hand Which they severally did You stand Indicted by the Names of Robert Green late of the Parish of St. Mary le Strand in the County of Middlesex Labourer Henry Berry late of the same Parish and County Labourer And Lawrence Hill late of the same Parish and County Labourer for that you three together with Girald late of the same Parish and County Clerk Dominick Kelly late of the same Parish and County Clerk And Phillibert Vernatt late of the same Parish and County Labourer who are withdrawn * Not having the fear of God before your eys but being moved and seduced by the instigation of the Devil the twelfth day of October in the Thirtieth year of the Raign of our Soveraign Lord Charles the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. at the Parish of St. Mary le Strand aforesaid in the County of Middlesex aforesaid in and upon Sir Edmond-bury Godfrey Knight in the Peace of God and of our said Soveraign Lord the King then and there being feloniously voluntarily and of your malice aforethought did make an assault and that thou the aforesaid Robert Green a certain Linnen Handkerchief of the value of six pence about the neck of the said Sir Edmond-bury Godfrey then and there feloniously wilfully and of thy malice aforethought didst fold and fasten and that thou the said Robert Green with the Handkerchief aforesaid by thee the said Robert Green in and about the neck of the said Sir Edmond-bury Godfrey in manner and form aforesaid folded and fastned then and there him the said Sir Edmond-bury Godfrey didst choak and strangle of which said choaking and strangling of him the said Sir Edmond-bury Godfrey in manner and form aforesaid he the said Sir Edmond-bury Godfry then and there instantly dyed And that you the said Henry Berry and Lawrence Hill together with the said Girald Dominick Kelly and Phillibert Vernatt then and there feloniously voluntarily and of your malice aforethought were present aiding abetting comforting and mantaining the aforesaid Robert Green the aforesaid Sir Edmondbury Godfrey in manner and form aforesaid feloniously voluntarily and of his malice aforethought to kill and murder and so you the said Robert Green Henry Berry and Lawrence Hill together with the said Girald Dominick Kelly and Phillibert Vernatt in manner and form aforesaid the aforesaid Sir Edmond-bury Godfrey feloniously wilfully and of your malice aforethought did kill and murder against the Peace of our Soveraign Lord the King his Crown and Dignity How sayst thou Robert Green art thou guilty of this Felony and Murder whereof thou standst Indicted and hast been now Arraigned or not guilty Green Not Guilty Clerk of the Crown Culprit How wilt thou be Tryed Green By God and my Countrey Cl. of the Cr. God send thee a good Deliverance How sayst thou Henry Berry art thou guilty of the Felony and Murder whereof thou standest Indicted and hast been now Arraigned or not guilty Berry Not Guilty Cl. of the Cr. Culprit How wilt thou be Try'd Berry By God and my Countrey Cl. of Cr. God send thee a good Deliverance How sayst thou Lawrence Hill art thou guilty of the Felony Murder whereof thou stand'st Indicted and hast been Arraign'd or not guilty Hill Not Guilty Cl. of the Cr. Culprit How wilt thou be try'd Hill By God and my Countrey Cl. of the Cr. God send thee a good Deliverance Cap. Richardson I desire to know when they must be brought up to be try'd Mr. Just. Wild. Upon Friday next Cl. of the Cr. You shall have a Rule to bring them up on Friday But on Thursday the 6 th of February Mr. Attorney General mov'd the Court that it might be defer'd till Monday that the King's Evidence might be the more ready which was granted accordingly On Monday the 10 th of February 1678. the said Robert Green Henry Berry and Lawrence Hill were brought again to the Barr for their Tryal which proceeded as followeth Cl. of the Cr. Make Proclaimation Cryer O Yes Cl. of the Cr. Again Again Cryer O Yes O Yes Our Soveraign Lord the King doth straightly Charge and Command all manner of Persons to keep silence upon pain of Imprisonment Cl. of the Cr. Make an O Yes Cryer O Yes If any one can inform our Soveraign Lord the King the Kings Serjeant at Law the Kings Attourney General or this Inquest now to be taken of the Felony and Murder whereof Robert Green Henry Berry and Lawrence Hill the Prisoners at the Barr stand Indicted let them come forth and they shall be heard for now the Prisoners stand at the Barr upon their Delivery And all others that are bound by Recognizance to give Evidence against the Prisoners at the Barr let them come forth and give their Evidence or else they forfeit their Recognizance Clerk of the Crown Robert Green Hold up thy Hand Henry Berry Hold up thy Hand Lawrence Hill Hold up thy Hand Which they severally did Those good Men that you shall hear call'd and personally appear are to pass between our Soveraign Lord the King and You upon
Tryal of your several Lives and Deaths If therefore You or any of You will challenge Them or any of Them your time is to speak unto them when they come to the Book to be sworn and before they are sworn Cryer Make an O Yes Cryer O Yes You good Men that are Impannel'd to enquire between our Soveraign Lord the King and Robert Green Henry Berry and Lawrence Hill the Prisoners at the Bar answer to your Names and save your Issues Cl. of the Cr. Sir William Roberts Cryer Vouz avez Sir William Roberts Cl. of the Cr. Sir William Roberts to the Book Cryer Sir William Roberts look upon the Prisoners You Prisoners look upon the Jury You shall well and truly Trie and true Deliverance make between our Soveraign Lord the King and the Prisoners at the Bar whom you shall have in charge and a true Verdict give according to your Evidence So help you God And the same Oath was administred to the rest and their Names were as follow Sir William Roberts Bar nt Sir Richard Fisher Bar nt Sir Michael Heneage K nt Sir Thomas Bridges K nt William Avery Esq Charles Umphrevile Esq John Bathurst Esq Richard Gowre E Esq Thomas Henslowe Esq John Sharpe Esq John Haynes Esq Walter Moyle Esq Cl. of the Cr. Cryer Count these Sir William Roberts Cryer One c. Cl. of the Cr. Walter Moyle Cryer Twelve Good men and true stand together and hear your Evidence Gentlemen are you all sworn and you that are not sworn pray withdraw The Standing-place for the Jury being so throng'd that those who were sworn had not room to stand together the Clerk of the Crown was Order'd to make Proclamation thus Clerk of the Crown Cryer make proclamation Cryer O yes My Lords the Kings Justices doth straitly charge and command all persons that are not of the Jury to withdraw forthwith upon pain of one hundred Pounds a man Clerk of the Crown Robert Green hold up thy hand Henry Berry hold up thy hand Lawrence Hill hold up thy hand Which they severally did Gentlemen you that are sworn look upon the Prisoners and hearken to their Charge You shall understand that they stand indicted by the names of Robert Green late of the Parish of Saint Mary le Strand in the County of Middlesex Labourer Henry Berry late of the same Parish and County Labourer and Lawrence Hill late of the same Parish and County Labourer for that they together with c. as before against the peace of our Soveraign Lord the King his Crown and Dignity Upon this Indictment they have been arraigned they have thereunto severally pleaded Not Guilty and for their trials have severally put themselves upon God and their Country which Country you are Your charge is to inquire whether the Prisoners at the Bar Robert Green Henry Berry and Lawrence Hill or any of them are guilty of the Felony and Murder whereof they stand indicted or not guilty and for them which you shall find guilty you shall inquire what Goods or Chattels Lands or Tenements they had at the time of the Felony committed or at any time since If you find them or any of them not guilty you shall inquire whether they or any of them that you find so not guilty fled for the same if you find that they or any of them fled for the same you shall enquire of their Goods and Chattels as if you had found them guilty But If you find them nor any of them not guilty nor that they did flie for it say so and no more and hear your Evidence Cryer make Proclamation Cryer O yes If any one will give evidence on behalf of our Sovereign Lord the King against Robert Green Henry Berry and Lawrence Hill the Prisoners at the Bar let them come forth and they shall be heard Then Sir Thomas Stringer Serjeant at Law of Counsel with the King in this Cause opened the Indictment thus Mr. Serjeant Stringer May it please your Lordship and you Gentlemen of this Jury The Prisoners at the Bar Robert Green Henry Berry and Lawrence Hill stand indicted for that they with one Girald a Priest one Kelly and one Vernat did the twelfth of October last at the Parish of Saint Mary le Strand in this County feloniously willfully and of their malice afore thought assault the Person of Sir Edmondbury Godfrey Knight and that the Prisoner Robert Green did put about the Neck of the said Sir Edmondbury a twisted Handkerchief and did with that twisted Handkercheif so choak and strangle the said Sir Edmondbury that he immediately died and that the other Prisoners Henry Berry and Lawrence Hill with the other persons Girald Kelly and Vernat were aiding and assisting the said Robert Green to murder the said Sir Edmondbury and so the Prisoners at the Bar with the said other persons the said Sir Edmondbury Godfrey did kill and murder against the Kings Peace his Crown and Dignity To this they have pleaded not guilty and for their trial have put themselves upon their Country which Country you are If we prove them or any of them guilty you are to find it so Then Sir William Jones his Majesties Attorny General opened the Evidence in this manner Mr. Atorney General May it please your Lordship and you Gentlemen of this Jury the Prisoners who stand now at the Bar are indicted for murther Murder as it is the first so is it the greatest Crime that is prohibited in the Second Table It is a Crime of so deep a stain that nothing can wash it away but the Blood of the Offender and unless that be done the Land in which it is shed will continue polluted My Lord as murder is always a very great crime so the murder which is now to be tryed before your Lordship is it may be the most hainous and most barbarous that ever was committed The murder was committed upon a Gentleman and upon a Magistrate and I wish he had not therefore been murdered because he was a Protestant Magistrate My Lord I will not spend much of your time in making my observations before hand because I must in this Case crave leave to do it in the conclusion of the Evidence For I that have made a strict examination into this matter do find that I shall better spend my time in making observations and shewing how the Witnesses do agree after the Evidence given than before Therefore my Lord I shall at present only make a short Narrative of the fact to shew you the course of our Evidence that it may be the better understood and remembred by the Jury My Lord upon the discovery of the late horrid Plot. Lord Chief Justice And present Plot too Mr. Attorny But pray go on Mr Attorney General If your Lordship please you may call it so for t is to be feared they have not yet given it over But upon the discovery of that Plot call it late or present Sir Edmondbury Godfrey whom I
for you Omnes Our Foreman Cl. of Cr. Robert Greene hold up thy hand which he did Look upon the Prisoner how say you is Robert Greene Guilty of the Felony and Murder whereof he stands Indicted or not Guilty Foreman Guilty Cl. of Cr. What Goods or Chattels Lands or Tenements Foreman None to our knowledge Cl. of Cr. Henry Berry hold up thy hand which he did Look upon the Prisoner How say you is Henry Berry Guilty of the Felony and Murder whereof he stands Indicted or not Guilty Foreman Guilty Cl. of Cr. What Goods or Chattels Lands or Tenements Foreman None to our knowledge Cl. of Cr. Lawrence Hill hold up thy hand which he did How say you is Lawrence Hill Guilty of the Felony and Murder whereof he stands Indicted or not Guilty Foreman Guilty Cl. of Cr. What Goods or Chattels Lands or Tenements Foreman None to our knowledge Cl. of Cr. Hearken to your Verdict as the Court hath recorded it You say that Robert Greene is Guilty of the Felony and Murder whereof he stands Indicted You say that Henry Berry is Guilty of the Felony and Murder whereof he stands Indicted You say that Lawrence Hill is Guilty of the Felony and Murder whereof he stands Indicted And that neither they nor any of them had any Goods or Chattels Lands or Tenements at the time of the Felony committed or at any time since to your knowledge And so you say all Omnes Yes Lord Ch. Just Gentlemen You have found the same Verdict that I would have found if I had been one with you and if it were the last word I were to speak in this world I should have pronounced them Guilty At which words the whole Assembly gave a great shout of Applause Mr. Att. Gen. Will your Lordship please to give Judgment this Evening I know it is not usual the same day Mr. Justice Wild. My Lord I am ready L. C. J. No Brother I am to sit at Nisi prius this Afternoon and 't is time we broke up the Court. Cl. of Cr. Cap. Richardson you shall have a Rule to bring them up to morrow and then the Court broke up On Tuesday the 11 th of February the Prisoners were brought again to the Bar in order to receive their Sentence and the Court proceeded thus Mr. Recorder My Lord as I was directed by Mr. Attorney these Prisoners being Convicted of Murder I do for the King pray Judgment upon them but I must first acquaint your Lordship that immediately after their Conviction one of the Officers a Tipstaffe pretending it was his Fee took their Cloaths off their backs L. C. J. Who is that Officer Mr. Recorder One Ashby L. C. J. Call him Why do you offer to meddle with these mens Cloaths Ashby It hath been an ancient Custom this 40 years some of us have known it that the Marshal hath the upper Garment of all Prisoners tried at this Bar. L. C. J. Is there any such Custom Mr. Waterhouse Waterhouse No my Lord that I know of L. C. J. Here is Mr. Waterhouse that hath known the practice of the Court this Threescore years says there is no such thing Either restore them their Cloaths or we will take some other course with you Are they in your Custody pray Mr. J. Dolben I do not know that my Lord I think they always plead in Custody of the Marshal Mr. J. Wyld But this seems a very barbarous thing to take their Cloaths off their backs Mr. J. Dolb. It doth so Brother and they must be restored L. C. J. Yes yes you must restore them Ashby They shall be my Lord. Mr. Recorder I pray your Judgment L. C. J. Ask them what they can say to hinder Judgment Cl. of Cr. Robert Greene hold up thy hand which he did Thou hast been Indicted of Felony and Murder thou hast been thereupon Arraigned thou hast pleaded thereunto not guilty and for thy Trial thou hast put thy self upon God and thy Country which Country hath found thee guilty what hast thou to say for thy self why the Court should not proceed to give Judgment of Death upon thee and award Execution according to the Law Cap. Richardson What have you to say for your self Greene. I declare to all the world that I am as innocent of the thing charged upon me as the Child that is in the Mothers Womb. I die innocent I do not care for death I go to my Saviour and I desire all that hear me to pray for me I never saw the man to my knowledge alive or dead Cl. of Cr. Henry Berry hold up thy hand which he did Thou hast been Indicted of Felony and Murder c. What canst thou say c. Berry I do declare I am not guilty of any thing in the World of this L. C. J. We do not expect much from you and it is no great matter for your Confession will do us 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 thing and we know you have either downright denials or evasions or equivocating terms for every thing yet in plain dealing every one that heard your Trial hath great satisfaction and for my own particular I have great satisfaction that you are every one of you guilty Cl. of Cr. Lawrence Hill hold up thy hand which he did Thou hast been Indicted of Felony and Murder c. What canst thou say c. Hill I have nothing to say for my self but that God Almighty knows my Innocence Cl. of Cr. Cryer make an O yes Cryer O yes Our Soveraign Lord the King doth straitly charge and command all manner of persons to keep silence whilst Judgement is giving upon the Prisoners Convicted upon pain of Imprisonment Peace about the Court. Then Mr. Justice Wyld who as second Judge in that Court pronounceth the Sentence in all Criminal Matters except High Treason spoke to the Prisoners thus Mr. J. Wyld You that are the Prisoners at the Bar you have all three been Indicted for a detestable Murder and thereunto have pleaded not guilty and put your selves for your Trial upon your Country and your Country upon a clear and pregnant Evidence I believe to the Satisfaction of all good men that were indifferent have found you guilty I have little Comfort to say any thing to you because I observe your Obstinacy at the Bar but it is so generally among you all you will confess nothing to the Death Greene. God forbid Sir Mr. J. Wyld But though I am of another Perswasion than you and know you have no Charity for me yet I have Charity for you And if I shall say any thing it is out of a zealous Affection I have for your Souls God knows I speak it upon no other grounds though the Offence be horrid yet I commiserate your persons For the Nature of your Offence it is Murder He that sheds mans