288. The Trial of NATHANIEL THOMPSON, WILLIAM PAIN, and JOHN FARWELL, at the Guildhall of London, for writing, printing, and publishing Letters, importing that Sir Edmundbury Godfrey murdered himself; as also for several Falsities relating to the said Matter printed in several Papers, called "The Loyal Protestant Intelligence:" 34 CHARLES II. a. D. 1682.*

ON Tuesday the 20th of June 1682, before the right honourable sir Francis Pemberton, lord chief justice of his majesty's court of King's-bench, by Nisi Prius, in the Guildhall of the city of London, came on the Trials of Nathaniel Thompson, William Pain, and John Farwell, upon an Information brought against them for several Trespasses and Misdemeanors in writing, printing, and publishing Letters importing that sir Edmundbury Godfrey murdered himself, as also for several falsities relating to the said matter printed in several papers, called the Loyal Protestant Intelligence. And the jurors names were as follow: Peter Houblon, John Ellis, William Barrett, Joshua Brooks, Gervas Byfield, Jonathan Lee, George Widdowes, William Sambrooke, William Jacomb, John Delmee, Samuel Bayly, Samuel Howard.

THE INFORMATION.

For that in Hillary term, in the 30th and 31st years of this king's reign, in the court of King's-bench at Westminster, by a jury of the county of Middlesex were indicted, Robert Green,———Gerald,† Clerk, Henry Berry, Lawrence Hill, Dominic Kelly, and Philbert Ver.

* From a pamphlet entitled, "The Trial of N. Thompson, W. Pain, and J. Farwell: upon an Information exhibited by the king's attorney general against them, for writing, printing, and publishing Libels, by way of Letters and other Prints, reflecting upon the justice of the nation, in the proceedings against the murderers of sir Edmundbury Godfrey, at Guildhall, on Tuesday June the 20th, 1682. Where after a full hearing they were convicted: Together with an Account of several Affidavits read in his majesty's court of King's-bench and other matters at the time of their receiving Sentence. To which is added by way of Appendix, Several other Affidavits which further confirm the testimony of Mr. Prance, given upon the Trial of Green, Berry and Hill about that murder, with some observations touching the said Thompson, Farwell and Pain. London: Printed for Thomas Simmons at the Princes Arms in Ludgate Street, 1682.

I do appoint Thomas Simmons to print the Trial of Nathaniel Thompson, William Pain, * and John Farwell, and that no others presume ⚫to print the same. FR. PEMBERTON. July the 8th, 1682.'

† See vol. 7, p.159, of this Collection.

natt; for that they by the instigation of the Devil, &c. the 12th of October, in the 30th year of this king's reign, at the parish of St. Mary le Strand, in the county of Middlesex aforesaid, with force and arms, in and upon sir Edmundbury Godfrey, kt. in the peace of God and the king then and there being, feloniously, wilfully, and of their malice aforethought, did make an assault, and kill and murder him in this manner, viz. Green did fold and fasten a linen handkerchief about his neck, and therewith choaked and strangled him, of which choaking and strangling he instantly died: and the others, viz. Gerald, Berry, Hill, Kelly and Vernatt, were present, aiding, abetting, comforting, assisting and maintaining the said Green to kill and murder the said sir Edmundbury Godfrey in form aforesaid; and so they the said Green, Gerald, Berry, Hill, Kelly and Vernatt in manner and form aforesaid, him the said sir Edmundbury Godfrey, feloniously, wilfully, and of their malice aforethought, did kill and murder, against the peace of our said lord the king, his crown and dignity: to which indictment afterwards, the said term, the said Robert Green, Henry Berry, and Lawrence Hill severally pleaded, Not Guilty, and put themselves upon the country; and after in the said term of St. Hillary, in the said court of King's-bench at Westminster, for the felony and murder aforesaid, by a jury of their country in due manner were tried, and thereof lawfully convicted and attainted, as by the record thereof in the said court of King's-bench at Westminster remaining more fully appears; which said Robert Green, Henry Berry and Lawrence Hill, were afterwards executed and suffered death, according to the form and effect of the judgment and attainder aforesaid. And whereas one Miles Prance, upon the trial of the indictment aforesaid, was produced a witness and sworn for the king, and gave material evidence against the said Green, Berry and Hill, to prove them guilty of the felony and murder aforesaid: and one William Bedloe, John Brown, Elizabeth Curtis, Zachary Skillarne, and Nicholas Cambridge, upon the trial aforesaid, were witnesses in like manner produced and sworn for the king, and gave divers material evidences against the said Green, Berry and Hill, to prove them guilty of the said felony and murder. And whereas also the said Gerald, Robert Green, Lawrence Hill, Dominic Kelly, and Philbert Vernatt, at the time of the felony and murder aforesaid,

‹ there was much art and skill used to procure
their verdict to the contrary, more particularly
the refusing of the body, at their instance and
request, to be opened.' And in another place
of the same Libel, it is further contained as
follows, They say, that if a man or any
other creature be strangled or hanged, and
his body cold, and the blood settled in the
'veins (as he must needs be, if your evidence
be true) (meaning the evidence of the said
Miles Prance) run twenty swords through
'such a body, not one drop of blood will come
out; but on the contrary, his body, when
، found, was full of blood, in so much that
(over and above the cakes or great gobbets of
'congealed putrified blood found afterwards in
his cloaths) the constable when he pulled the
، sword out of his body, it crashed against his
'back bone, and gobbets of blood and water
gushed or gubbled out of that wound in abun-
dance, not only in that very place where the
'sword was pulled out, but in all his passage
to the White-house; especially, there where
his body was lifted over two high stumps, and
also when he was laid upon the table, the
'blood and water so issued out of that wound,
'that it run from off the table upon the floor,

were Papists, and maintainers of the Romish superstitions: and the said. . Gerald, Dominic Kelly, and Philbert Vernatt have fled, and not yet appeared to the said indictment. And whereas also by the coroner's inquest taken upon the view of the body of the said sir Edmundbury Godfrey lying dead before John Cooper, gent. one of the coroners of the said county of Middlesex, by the oaths of honest and lawful men of the same county, above the number of twelve persons, it was found that certain malefactors unknown, feloniously, and of their malice prepense, him the said sir Edmundbury Godfrey did strangle and choak, of which he died. The said Nathaniel Thompson, William Pain and John Farwell, well knowing the premisses, and being persons devilishly affected, devising, practising, and with all their strength intending the peace and common tranquillity of this kingdom of England to disturb, and as much as in them lay the due course of the law to destroy, and subvert and elude, and the justice of this kingdom of England to defame and scandalize, and as well the said Miles Prance, William Bedloe, John Brown, Elizabeth Curtis, Zachary Skillarne, Nicholas Cambridge, as the said John Cooper, and the honest and lawful men sworn upon in- and from thence into the cellar: So that they quest aforesaid, upon view of the body afore- do aver, that that wound that he received by that said, to bring into the greatest hatred, con- | sword, must of necessity be the cause of his tempt, and vile esteem with all the king's sub- | death. And in another part of the same libel, jects, and to deter the king's subjects from it is further contained as follows, They obfinding, detecting, and proving the designs of 'serve that Bedloe's, before the Committee of Papists against our lord the king, and the true Lords, and your evidence in relation to this religion now by law established, and impiously gentleman's death, are as different as the East and wickedly devising and intending them the is from the West; for you dog him out of said -- Gerald, Dominick Kelly, ami Philbert ، St. Clement's, the other decoys him from Vernatt, from undergoing the pains and sen- Charing Cress; you swear he was strangled tences by law upon them to be inflicted, for the with an handkerchief near the stables going murder aforesaid, and to aid and assist them (al-to the water-side; Bedloe, that he was smothough they be Guilty) to be found Not Guilty thered with a pillow in a room in the great thereof; and to deceive and beguile the king's court in Somerset-house; you say, he took subjects in the premises with their false affirma-horse at Soho; Bedloe says, that he took tions and arguments, and cause and procure that it should be believed and esteemed, that the said Green, Berry, and Hill, the persons for the murder of the said sir Edmundbury Godfrey as aforesaid, convicted and executed, had been convicted and executed unjustly; and that the said sir Edmundbury Godfrey was felo de se, and him self had feloniously murdered. They the said Thompson, Pain and Farwell, their most impious, wicked, and diabolical intentions to fulfil and perfect afterwards, to wit, the 23d of February, in the 34th year of the reign of our now sovereign lord the king, at the parish of St. Mary le Bow, London, with force and arms, &c. falsely, unlawfully, unjustly, wickedly, and diabolically, made, composed, and caused to be printed, a certain false, scandalous, and defamatory Libel, entitled, “A Letter to Mr. • Miles Prance in relation to the murder of • sir Edmundbury Godfrey:' In which said Libel amongst other things, it is contained as follows, And hearing that the Coroner's Jury 4 or Inquest were first of opinion, and ac'cordingly declared, he was felo de se, and that

VOL, VIII.

coach at Clarendon-house, with many more 'such like contradictions; and considering the ، old proverb, fore-warned, fore-armed; a fur'ther and fuller account of the whole matter expect.' And that the said Nathaniel Thompson, William Pain, and John Farwell, their most impious, wicked and diabolical intentions to fulfil and perfect, afterwards, to wit, the 3d day of March, in the said 34th year of the reign of the said late lord the king, at the said parish of St. Mary le Bow, London, aforesaid, with force and arms, &c. falsely, unlawfully, unjustly, evilly, maliciously, scandalously, and diabolically, made, composed, and caused to be printed, another false, scandalous, and defaming libel; entitled, A Se'cond Letter to Miles Prance, in reply to the

Ghost of sir Edmundbury Godfrey.' In which last mentioned libel, amongst other things, it is further contained as follows, 'Next, whereas my letter saith (and that truly) That the Coroner's Jury were first of opinion, and ac'cordingly declared he was felo de se; and that much art and skill was used to procure 4 S

their verdict to the contrary.' And in another place of the same last mentioned libel, amongst other things it is further contained as follows: And it would be very material, if the coroner would declare, what he received for that job, and of whom; and what evidence he had to induce the jury to find (as the inquisition imports) that he was strangled with a linen cloth, a matter of fact never so much as spoken of until you came in with your evidence, which was not in some weeks after; and I do again aver, that the body was

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'Domestic Intelligence, or News both from City and Country.' In which last mentioned libel, it is contained as follows: That there is not in the said letter' (meaning the said false, scandalous, and defaming libel) entitled, ‘A Letter to Mr. Miles Prance, in relation to the murder of sir Edmundbury Godfrey,' before first mentioned, 'the least item or circumstance, 'but what will be by undeniable evidence made out to be the truth: So the said Mr. Prance, having not as yet vouchsafed an answer to that letter, he will speedily receive a further letter

6

truth will not only be fully set forth, and other circumstances set out.' And further, that the said Nathaniel Thompson, William Pain, and John Farwell, in their further prosecuting, falsly, wickedly, and maliciously, their contrivances and intentions aforesaid, with force and arms, &c. falsly, unlawfully, wickedly, maliciously, and devilishly, composed, and caused to be printed, a certain other false, scandalous, and defamatory libel, entitled,

The Loyal Protestant Intelligence,' &c. Ip which last mentioned libel, amongst other things it is contained as follows: Whereas Dick Janeway, in this Day's Mercury, promises an answer to the late Letter to Mr. Prance, &c. This is to give him and all the world notice, that such an answer is impatiently expected by the author of that letter, who questions not but to prove every tittle of that letter, to the 'satisfaction of all mankind: And besides, he 'is very desirous that the Courantier (according to his last Packet of Advice from Rome) would go on, and use his interest, to procure 'the lord mayor, court of aldermen, and com'mon council of London, to inspect the truth of that letter; whereby it will appear ine

required by the jury to be opened, and was re-relating to that murder, wherein the furthes fused; and if the body was in their and the coroner's power (as the Ghost insinuates) such power was concealed from and denied the jury.' And in another place of the same last mentioned libel, it is, amongst other things, contained as follows: He is to understand, that Mr. Brown, the two surgeons (meaning the said Zachary Skillarne and Nicholas Cambridge) and Mrs. Curtis, are not competent (nor can be material) witnesses in this case.' And in another place of the same last mentioned libel, it is further contained as follows: But Mr. Prance, it will be fully proved, that the body was full of blood, and that there were cakes or goblets of dried blood, found in his 'cloaths, which, with his body, stunk ex*tremely: And it will be also fully and effectually proved that his eyes, nostrils, and corners of his mouth were fly-blown.' And in another place of the same last mentioned libel, among other things, it is contained as follows: And as the seventh and last paragraph, which relates only to the difference betwixt you and Mr. Bedloe's evidence, I must take notice, that what you and he swears is very contradictory. And in another place of the same fast mentioned libel, amongst other things, itvitably, that there is not one papist or popishly is further contained as follows: But I cannot omit to take further notice of Mrs. 'Curtis's affidavit, in relation to the wax found upon the clothes, in which I cannot say but she may sweee true; but this I do aver, that "if it be so, those drops were put upon the cloaths long after he was found, and after the • jury had sat on the body; for there was no such thing then on the cloaths. And, I sup⚫ pose, this was some artifice used by those, who either out of interest or design, were desirous to confirm his being murdered at Somerset-House.' And the said Attorney-General for the same lord the king, gives the court here to understand and be informed; That the Said Nathaniel Thompson, William Pain, and John Farwell, in their further prosecution aforesaid, falsly, wickedly, and maliciously, their contrivances and intentions aforesaid, afterwards to wit, the 7th day of March, in the 34th year of our said lord the king, at the parish of St. Mary le Bow, London, with force and arms, &c. falsly, unlawfully, unjustly, wickedly, maliciously, scandalously, and devilishly, composed, made, and caused to be printed, a certain other false, scandalous, and defamatory fibel, entitled, The Loyal Protestant and True.

D

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affected person concerned in that letter, or in the proof of the particulars thereof; but the same (with divers other material circumstances relating to the murder of sir Edmund bury Godfrey, and the fraud and blind put upon the world in relation thereto) will be more fully, plainly and manifestly proved, without giving ill words, or scurrilous lan guage, or reflections to any persons that really are, or supposed to be therein con'cerned in any circumstance whatsoever.' And that the said Nathaniel Thompson, Will. Pain, and John Farwell, in their further prosecution aforesaid, falsly, wickedly, and maliciously, their contrivances and intentions, after, to wit, the first day of April, in the 34th year of the reign of our said lord the king, with force and arms, &c. at the parish of St. Mary le Bow, London, aforesaid, falsly, unlawfully, unjustly, wickedly, inaliciously, scandalously, and devilishly, made, composed, and caused to be printed, a certain other false, scandalous, and defamatory libel, entitled, The Loyal Protestant Intelligence,' &c. In which last mentioned libel, amongst other things, it is contained as follows; Last Wednesday, Nathaniel Thompson, upon summons, appeared

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Mr. Thompson. (To the counsel of the defendants) if you will put us to prove all, we must that these men were executed. prove

Then Captain Richardson was sworn.

L. C. J. Were these men executed for this murder?

Capt. Rich. Yes, I saw them executed.

Then Mr. Prance was sworn.

Mr. Thompson. Did you give evidence upon the trial of Green, Berry, and fill, for the murder of sir Edmundbury Godfrey?

Prance. Yes.

Miles Prance, in relation to the Murder of 'sir Edmundbury Godfrey.' Shall I read it all? L. C. J. All of it.

Read it in these words; Mr. Prance.

"ALETTER to Mr. MILES PRANCE, in relation to the Murder of Sir Edmundbury Godfrey.

"Mr. Prance;

"Perceiving by some late pamphlets several rumours raised, as if there were endeavours used to asperse your evidence in relation to the death of sir E. B. G. and to lay that murder upon himself. And remembering the consternation, which then was in all people's minds, by the discovery at that time of a dreadful and most horrid Popish Plot, which occaMr. Thomps. Was Curtis a witness, and Mr.sioned divers to report, and most to believe Bedloe?

Mr. Thomps. Do you remember that Brown

was a witness too?

Prance. Yes, Brown was.

Prunce. That Curtis was, I don't remember; Mr. Bedloe was.

Then Curtis was sworn.

(even several days before the dead body was found) that he was murdered by the Papists at Somerset-house. And hearing that the coroner's jury or inquest, were first of opinion, and accordingly declared he was felo de se: and cure their verdict to the contrary; more particularly, the refusing of the body (at their instance and request) to be opened; and oppos

Mr. Thomps. Were you a witness at the that there was much art and skill used to proTrial of Green, Berry, and Hill? Mrs. Curtis. Yes, I was.

Then sir John Nicholas, and sir Philip Lloyd and William Bridgman, esq. were sworn, anding the assistance of the coroner of Westminthe two letters in the information were shewed to them.

Sir P. Lloyd. These were the same, I know, because they are endorsed by my hand; Thompson owned the printing of both, and one other of the defendants owned the writing of one of them, and the other of the other.

L. C. J. But Thompson owned the printing of both?

Sir P. Lloyd. Yes, my lord.

Sol. Gen. Did Pain and Farwell own the bringing of both to Thompson to print?

Sir P. Lloyd. One owned the one, and the other the other.

Then Sir John Nicholas and Mr. Bridgman

testified the same.

Mr. Saunders, of counsel for Pain, said to sir Phil. Lloyd, Did Pain or Farwell own that they brought both, or one the one, and the other the other?

Sir P. Lloyd. One the one, and the other the other.

Mr. Saunders. Then pray, sir, which was that Farwell did own?

Sir P. Lloyd. My lord, my own memory does not tell me which, but here are notes say that Farwell owned the first, and that Pain owned the second.

L. C. J. Do you believe them to be true? Sir J. Nicholas. Yes, sir, I took the notes. Mr. Yalding. Did he readily discover his authors?

*

ster, (who is taken notice of to be a knowing and impartial man in the execution of his office;) who was desired to, and did attend for that purpose, but was dismissed with a guinea; telling him, they had no need of his service. I made it my business, partly for your's, but chiefly for the truth's sake, to make a strict enquiry into the farther causes of the aforesaid rumours, and do find these particulars very much urged, and discoursed of, (viz.)

"I. In opposition to the evidence of his being dogged up and down, and lodged in a great house at St. Clement's on Saturday the 12th of October 1678, (being the day he was first missing.) It is affirmed, he went out of his house that very Saturday morning about nine o'clock (which is the last time he ever returned thither) and about ten that forenoon was in the parish his dead corps was afterwards found) and fields walking towards Marybone (in which was there met by a brewer in St. Giles's, who discoursed with him; and about eleven of the same day he was seen passing by the lady Cook's lodgings near the Cock-pit; after which, he was seen in St. Martin's-lane, went by the church, and down Church-lane into the Strand; about one passed by the door of one Mr. Ratcliff an oilman in the Strand, and soon after was met in the back court of Lincoln's-Inn by two gentlemen, who observed him to make a sudden turn, and to go out at the back door; they went out at that door also, and and did see him turn the corner wall, between which place and Turn-Stile, he was met by a barrister at law; and that a person living near Primrosebill, declared before divers persons, that he saw him about three that Saturday in the afternoon walking in those fields, his usual walk being that

Sir P. Lloyd. Yes he did.
Associat. The title is thus, A Letter to Mr. way.