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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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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
the Board And I being Clerk of of the Council though not in waiting at that time and having taken notice of what Mr. Praunce had there deposed I did wait upon those Lords and took the Examination upon the Place And what I did take upon the place This was done here and that there I drew up into a Report and the Report is Signed by those two Noble Lords and was read that Afternoon at the Board and to that I referr my self Mr. Attorn Gen. Pray Sir Robert Did he shew the particular places to those Lords Sir Robert Southwell Yes he did First the Bench whereon they were sitting when Sir Edmondbury Godfrey was coming down then the Corner into which they drew him when they had strangled him then the place where one Berry went to stay which was at the Stairs that lead to the Upper Court then a little door at the end of the Stables which lead up a pair of Stairs and at the head of the Stairs a long dark Entry and at the top of those Staires a door on the left hand which being opened shew'd us eight steps which lead up to the Lodgings that were Dr. Godwins In which Hill was said to be inhabitant for seven years before And assoon as we were gone two steps there was a little Closet or Cabinet on the right hand in which there was a Bed and there he shewed my Lords This is the place where we handed him up first and here we left him said he in the care of Hill for two nights Mr. Justice Wild. You were there Sir Robert Southwell upon the place when he shew'd them these things Sir Robert Southwell Yes Sir I was there Mr. Justice Wild. Was it answerable to what he had declared to the King and Council Sir Robert Southwell Yes it was answerable to all things he had said in the morning Mr. Justice Jones And suitable to what he says now Sir Robert Southwell Yes suitable to what he sayes now but only now he sayes more than he said then And as to what he sayes about the Chambers of Sir John Arundell they could not be Sir John's Lodgings for they were not capable of receiving a Person of that Quality Mr. Praunce I said I did believe they did belong to Sir John Arundell L. Chief Just They were Lodgings perhaps that belong'd to his Servants though not to him Mr. Attorn Gen. Sir Robert I desire to know whether Mr. Praunce when he shew'd these places and made these Descriptions did he do it with any hesitancy or did he do it readily Sir Robert Southwell Hitherto my Lord he went directly and positively as if any body should walk to Westminster-Hall door But afterwards when the Lords did desire to know whither the Body was carried he said it was into some Room of the house by the Garden for this is an Outer part of the House which any body may do any thing in without their knowledge that are within And he undertook to lead them to the place as well as he could and so away we went through the long dark Entry that leads into the Outer Court of the Great House and crossing the Quadrangle he leads us to the Piazza and down a pair of Stairs and so far said he I am sure I went then assoon as we were down the Stairs there is a great Square Court then he began to stagger as if he did not know his way but there was no way but to go on hovvever and on vve vvent and coming cross the Court vve came into several Rooms and going through them vve came up Stairs again and so into several other Rooms again Sure said he vve vvere here but I can't tell and he vvas in a great Distraction vvhat Room he savv the Body in but said he thus far I am certain I am right vvhich vvas according to the Paper and I refer my self to that Mr. Justice Wild. But you say that what he had said to the Lords in the Council was the same that he said when you were by upon the place Sir Robert Southwell Yes L. Chief Just His doubtfulness of the Room does assert and give Credit to his Testimony and Confirms it to any honest man in England Here saith he I will not be positive but having sworn the other things which he well remembred positively he is made the more Credible for his doubtfulness of a thing which he does not remember which a man that could swear any thing would not stick at Mr. Justice Jones Besides he was not there but by night and all the Light he had was a dark Lanthorn Mr. Sol. Gen. Now Sir Robert I would ask you one Question if you please Do you remember that Hill was Examined at the Council about this matter Sir Robert Southwell My Lord these are the Notes that I took upon these Mens Examinations if your Lordship pleases they may be read Mr. Recorder Sir Robert We ask you but as to one particular thing therefore if you please to look upon it and refresh your Memory you may read it to your self and tell us only the substance which he did Mr. Sol. Gen. Now Sir if you please Do you remember that Hill was there Sir Rob. Southwell Yes I find he was Examined Mr. Soll. Gen. Did not he deny there that he knew Kelly but that he knew Girald Sir Rob. Southwell Yes I do find it here set down that he did deny he knew Kelly but that he knew Girald Hill I said I knew one Girald but not that Mr. Record But before the Council he said he knew Girald not one Girald L. Chief Just This way of Answering is like the Examination that was taken lately amongst some of them A Person was asked when he saw such a Priest He denied that he had seen him in fourteen dayes But then comes one and proves to his face that he was with him in Company all Night within a Week and Iess I sayes he that 's true but I said I had not seen him in Fourteen Dayes And so they may take Oaths to serve the King faithfully all the Dayes of their Lives but in the Nights they may murther him and keep their Oaths for all that Mr Just Dolben I would know whether the Girald you know be a Priest or no Hill He is not Mr. Justice Dolben Then you do not know Girald the Priest Hill No I do not Mr. Recorder Call Mr. Thomas Stringer And he was sworn Mr. Recorder Pray Mr. Stringer will you tell my Lord and the Jury what it was that Mr. Berry said about any directions he had to keep all Persons out of Somerset-House about the twelfth or fourteenth of October last Mr. T. Stringer My Lord upon his Examination before the Lords of the Committee Berry did say he had Orders from the Queen or in the Name of the Queen That he should suffer no Strangers nor any Persons of Quality to come into Somerset-House Mr. Att. Gen. When was it he
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
they kill'd him before they carryed him into the Room Mr. Praunce About a quarter of an Hour Mr. Justice VVild. Had he his Sword about him Mr. Praunce Yes it was found run through him Mr. Justice VVild. Did Sir Edmondbury Godfrey himself draw his Sword Mr. Praunce No he was Strnngled by Surprize by getting a thing about his Neck and prevented him of drawing his Sword Lord Chief Justice They were Persons that were ready prepared for him they would not Permit him to Defend himself Mr. Serjeant Stringer My Lord before Mr. Bedlow be Sworn I desire a little to open what we call him to My Lord there were four Priests that did design this Murther Le Faire and VVelsh and Girald and Kelly besides the other Priests and they Treated with Mr. Bedlow for Four Thousand Pounds to undertake to Kill a Gentleman My Lord he did Promise to undertake it but failing of his Promise afterwards Le Faire met him and told him it was done And told him he should have half that Reward to help to carry him off and withall carryed him into the Room where the Body was And he will tell you that Praunce was in the Room when he saw him and though he never knew Praunce before yet when he met with him in the Lobby of the Lords House he knew him again and Charged him as the Man that Committed this Fact And he will Acquaint your Lordship that Le Faire saw the Body likewise and gave Mr. Bedlow an Accompt of the Murther with the same Circumstances that Praunce now Relates it Then Mr. Bedlow was Sworn Mr. Recorder Mr. Bedlow Pray do you direct your Discourse to the Jury Lord Chief Just Mr. Attorney Pray do you Ask him your Questions that you may put him in that Method you would have him take to give his Evidence Mr. Attorney Gen. My Lord I would first Ask him this Question What Conference he had with any persons Priests or Others about Murdering any body Mr. Bedlow My Lord and the Jury I have at other times and in other places proved what Familiarity I have had with the Priests and Jesuits and 〈◊〉 I have 〈◊〉 〈◊〉 the Court and Others about it yet I have done my Duty in endeavouring so to do My Lord I have been several times Treated with not only about the Plot but by several Persons about Murdering of a Gentleman They never told me who it was that was to be Murdered but if I would Undertake it they that is Le Faire and Prichard and Mr. Kaines and several other Priests who discoursed with me about it would find out some to Assist me and my Reward should be very Considerable Lord Ch. Just When was this Mr. Bedlow It was in October last about the beginning or latter end of September Lord Ch. Just Well Sir Go on Mr. Bedlow I did Adhere to them all along for I had a mind to Discover two Years ago but was prevented and I only drill'd them on to know the Party that I might prevent them But they would never Discover the Party Mr. Attorney General Prithee come to this particular part of the Story Mr. Bedlow Afterwards they set me to insinuate my self into the Acquaintance of Sir Edmondbury Godfrey not telling me they had any design upon him Lord Ch. Just Who did Mr. Bedlow Le Fair and Pritchard and VVelsh Lord Ch. Just Girald was not one was he Mr. Bedlow No my Lord. But they told me that afterwards they would have me introduce them into his Acquaintance And I had been I think Six or Seven dayes together with Sir Edmondbury Godfrey at his House and had got much into his Acquaintance Mr. Justice Wild. By what means did you get into his Acquaintance Mr. Bedlow Why I pretended to get Warrants for the Good Behaviour against persons that there were none such Lord Chief Just Well and what then Mr. Bedlow This was the Week before the Saturday that he was Kill'd and I was there every day but Saturday On the Friday I went to the Grey-Hound-Tavern and I sent my Boy to see if Sir Edmondbury Godfrey were at Home Sir Edmondbury Godfrey was not at Home then Lord Chief Just When was that Mr. Bedlow The very Day before he was Kill'd If he had been at Home I would have gone over to him and would have desired him to come over to them Lord Chief Justice Were the Priests there Mr. Bedlow Yes my Lord there was Pritchard and Le Faire and VVelch and Kaines and another five Jesuites and as I said I sent my Boy to see if he were at home and he brought me word he was not and if he had I was to have gone to him to have fetch'd him thither that they might Insinuate themselves into his Acquaintance And indeed they had Tongue enough to wheedle themselves into any one Acquaintance So he not being at home we came into the City two of the Jesuites and I. Mr. Attorn Gen. Which two Mr. Bedlow Le Faire and VVelsh The next Morning Le Faire came to my Chamber and I was not then within but by Accident I met him about four of the Clock in Lincolnes-Inn-Fields We went to the Palsgraves Head Tavern where falling into Discourse he told me there vvas a Gentleman that vvas to be put out of the vvay that vvas the Phrase he used he did not really say Murther him for they don't count it Murther Lord Chief Justice No No they put it into softer Termes Mr. Bedlow They told me it vvas to be done to Night I asked vvho it vvas they said it vvas a very material Man For he had all the Informations that Mr. Oates and Dr. Tongue had given in that several had been imployed in the doing of it that several Attempts had been made and that they had miss'd several Opportunities and had not done it till then but if he should not be taken out of the way and the Papers taken from him the business would be so Obstructed and go near to be Discovered to that Degree that they would not be able to bring this Design to pass but must stay till another Age before they should Effect it I asked him again who it was he sayd he would not tell me but it was a very material Man I told him that according to my Promise I would Assist but in such a Case I should need a great many Men to be with me he being so considerable a Person I asked him then where the Money was that was formerly promised he told me no worse a Man was Engaged for it than my Lord Bellasis and Mr. Coleman had order to pay it Mr. Justice Jones What was that Reward Mr. Bedlow Four Thousand pound Lord Chief Justice Who was it that first named this Gentleman to you to be Sir Edmondbury Godfrey Mr. Bedlow They never named him to me at all Lord Chief Justice Let us know when you first knew it to be Sir Edmondbury Godfrey Mr. Bedlow I parted with
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