The tryal of Nathanael Thompson, John Farewell, William Pain before the Right Honourable Sir Fran. Pemberton, Kt., Lord Chief Justice of England, by nisi prius at Guild-Hall, London, the twentieth of June, 1682, for writing and publishing scandalous letters to Mr. Miles Prance, in relation to the death of Sir Edmund-bury Godfrey Thompson, Nathaniel, d. 1687, defendant. 1682 Approx. 41 KB of XML-encoded text transcribed from 9 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2007-01 (EEBO-TCP Phase 1). A63184 Wing T2206 ESTC R22848 12490765 ocm 12490765 62376 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A63184) Transcribed from: (Early English Books Online ; image set 62376) Images scanned from microfilm: (Early English books, 1641-1700 ; 299:7) The tryal of Nathanael Thompson, John Farewell, William Pain before the Right Honourable Sir Fran. Pemberton, Kt., Lord Chief Justice of England, by nisi prius at Guild-Hall, London, the twentieth of June, 1682, for writing and publishing scandalous letters to Mr. Miles Prance, in relation to the death of Sir Edmund-bury Godfrey Thompson, Nathaniel, d. 1687, defendant. Pemberton, Francis, Sir, 1624-1697. Prance, Miles, fl. 1678-1689, defendant. Paine, William, defendant. Farwell, John, defendant. England and Wales. Court of King's Bench. [2], 16 p. Printed for William Mason, London : 1682. Reproduction of original in Huntington Library. 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Keying and markup guidelines are available at the Text Creation Partnership web site . eng Thompson, Nathaniel, d. 1687 -- Trials, litigation, etc. Farwell, John -- Trials, litigation, etc. Paine, William -- Trials, litigation, etc. Godfrey, Edmund Berry, -- Sir, 1621-1678. Popish Plot, 1678. 2006-01 TCP Assigned for keying and markup 2006-02 Apex CoVantage Keyed and coded from ProQuest page images 2006-05 John Latta Sampled and proofread 2006-05 John Latta Text and markup reviewed and edited 2006-09 pfs Batch review (QC) and XML conversion THE TRYAL OF Nathanael Thompson , John Farewell , William Pain , Before the Right Honourable Sir Fran. Pemberton K t. Lord Chief Justice of England , by Nisi Prius . AT Guild-Hall , London , the Twentieth of June , 1682. For Writing , and Publishing , Scandalous Letters to Mr. Miles Prance , in Relation to the Death of Sir EDMUND-BURY GODFREY . LONDON , Printed for William Mason , 1682. THE TRYAL OF Nathanael Thompson , John Farewell , William Pain . MR. Farewell only appeared Personally , being a Prisoner in the Kings Bench , and brought thence : But Thompson and Pain , though called , appeared not , but only by Council . The Jury being Impannel'd , Were as Follows : Mr. Peter Hubland Forem . Mr. Ellis . Mr. Barry . Mr. Brooks . Mr. Bifield . Mr. Lee. Mr. Whitwood . Mr. Sambrook . Mr. Jacob. Mr. Denew . Mr. Bailey . Mr. Howard . Who being Sworn , the Information was Read , The Substance of which , Was this : Mid. ss . THe Informations sets forth , That on Tuesday next , after the Purification of the Virgin Mary in Hillary Term , in the thirtieth and thirty one Year of this King ; Robert Green , _____ Gerrald , Henry Berry , Lawrence Hill , Dominick Kelly , and Philbert Vernatt were Indicted , for that they Feloniously and out of Malice forethought did make an Assault upon Sir Edmund-bury Godfrey , and with a Linnen Handkerchief did Strangle the said Sir Edmund-bury , And afterwards on Wednesday next after the Purification of the Virgin Mary in Hillary Term , in the thirtieth and thirty one Year of this King , the aforesaid Robert Green , Henry Berry , and Lawrence Hill , by Writ of Habeas Corpus , were brought to the Kings Bench Bar to plead to the said Indictment , and thereupon they said they were not Guilty , and put themselves upon their Country , and thereupon Issue was Joyned , and were found Guilty by a Jury of the Felony and Murder aforesaid , and thereupon were Executed . And that one Miles Prance being Produc'd as a Witness for the King , then gave Evidence against the said Green and others , to Prove them Guilty of the Felony and Murder aforesaid . And likewise William Bedlow , John Brown , Elizabeth Curtis , and others , were Produc'd as Evidence for the King , against the said Hill and others . And that one Nathaniel Thompson , William Pain , and John Farewell being Devilishly affected to Scandalize the said Prance , Bedlow , Brown and others in their said Evidence , and abscond and detect Machinations of the Papists against the King , &c. And endeavouring to perswade all Persons that the said Hill and others were Executed unjustly , and that the said Sir Edmund-bury Godfrey Murdred himself , And the said Thomson , Paine , and Farewell , to fullfil their wicked Intentions falsly and Devilishly made a Scandalous Book Intituled a Letter to Mr. Miles Prance in Relation to the Murder of Sir Edmundbury Godfrey which follows in these Words , ( Thomsons Intelligence recited Verbatim , ) And the said Thompson , Paine , and Farewell knowing the said Libel to be Wicked , Scandalous , and False , unlawfully and Devilishly did utter and Publish in the great Contempt of Publick Justice , in the evil Example of all others in the same Case Offending , against the Peace , &c. To this they Pleaded not Guilty . Cryer . O Yes ! O Yes ! O Yes ! If any man can Inform my Lord the Kings Justice , the Kings Attorney , before this Inquest be taken , against any the persons Informed against ; let them come forth and they shall be heard . C. Thompson . My Lord , and you Gentlemen of the Jury , This is an Information against Nathaniel Thompson , William Pain and John Farwell , for Printing and Publishing several Scandalous Libels about the Death of Sir Edmundbury Godfrey ; whereas we are satisfied that Green , Berry and Hill were Indicted , Tryed and found Guilty , and Executed for the Murder of the same person , upon the Tryal of the same matter , several Witnesses were Examined , viz. Mr. Bedlow , Mr. Prance and others ; and by the Inquisition of the Coroners it appears that the said Sir Edmundbury Godfrey was killed by persons unknown , though after this it has sufficiently appeared who were the Murderers , and some of them have received their due Reward for that so horrid a Crime , by the publick Justice of the Nation . Yet these Persons have Maliciously Printed and exposed several Scandalous Letters to Mr. Miles Prance , reflecting on Sir Edmundbury Godfrey , as if he had Murdered himself , and likewise on all the Witnesses as if they had Contradicted themselves in the Tryal of Green , Berry and Hill : Now if we can prove them Guilty of these Scandalous Libels remitted , we doubt not but you will find them Guilty of the matter of the Information . Clark. Read the the Indictment of Green , Bury , Hill and Kelly , the 12th . of October , the 30th of the King ; which being Read , it plainly appeared , that they were Indicted and found Guilty of the Murder of Sir E. B. Godfrey . C. Thomp . Mr. Saunders [ being of Council with one of the Defendant , ] will you put us upon proof that they were Executed for the same ? Mr. Saunders . Yes . Cryer . Captain Richardson come into Court. C. Thomp . Captain Richardson , were Green , Berry and Hill Executed for this Crime ? Capt. Rich. Yes Sir , they were Executed for the Murder of Sir E. B. Godfrey and I saw them Executed . Council . Mr. Prance , did you give Evidence against Green , Berry and Hill , for the Murder of Sir E. B. Godfrey ? Prance . Yes Sir , I did . Council . Was Brown a Witness too ? Prance . Yes . Coun. Was Elizabeth Curtis ? Prance . I Don't know , but I think she was . Coun. Eliz. Curtis , were you a Witness for the Murder of Sir E. B. Godfrey . E. Curtis . Yes if it please your Honour , my Lord. Cryer . Sir John Nicholas , Sir Philip Floyd , W●lliam Bridgeman Esquire ; make room there Officers , go out , make room there for the Witnesses to come in . These three Gentlemen were sworn . L. C. J. Sir Philip Floyd , were these Papers owned by Thompson , Farwel , and Pain , look on them . Sir Ph. F. My Lord , these are the two Papers I indorst with my own hand , and they owned them to be their Writing , Farwell writ one of them , and Pain the other , and they acknowledged that Thompson Printed them , and Thompson likewise consest the same before the Council . Sir John Nicholas , and Esquire Bridgman spoke to the same effect . Sir Fra. Withins . My. Lord , and you Gentlemen of the Jury , you see that Farwell and Pain owned the Writing of them and Thompson the Printing of them . Mr. Saunders . Which was it that Farwell did own . Sir J. Nicholas . Farwell did own the first read in Council , and the other the second , but I cannot certainly say which , but I markt them . L. C. J. Do you believe those Notes and Minutes to be true ? Sir John. Yes I took the Notes my Lord. Council . Sir Philip , did Thompson own the things produced the 29th of March as Printed by him ? Sir Phil. Yes . L. J. C. Read the Letters . Both the Letters being Read , and Nath. Thomsons Intelligences , Numb . 125. and 127. Read likewise . Serj. Maynard Spake here very Learnedly , and descanting on these Letters , and Pamphlets , but with so low a voice that was not Intelligible to the Writer . Mr. Sanders . My Lord , Of all this Charg'd there is nothing against Pain but the second Letter . My Lord , he owns it as a very rash and unadvised Act , but no malicious Act. Pain nor none of his Family ( My Lord ) have been Enemies to the Government , or charged with malicious designs against it , but this Act its Foolish and Inconsiderate , and we cannot Justify it , we submit our selves to your Lordship . L. C. J. You have promised to prove it , and I will hear whatsoever you can prove , I will hear any kind of proof you can make for it . It is a business of mighty concern , and therefore not slightly to be past over . Council , We are sorry at what we have done , and we have offered to give the Brothers any Satisfaction they desire , or we are Capable of . L. C. J. Do not say so , for they told me themselves that they would make out what they had said by five hundred Witnesses . Council . Farewell and Pain are not Papists as they are reputed to be , but are Protestants , for they have received the Sacrament . L. C. J. Pray call your Witnesses , and make the best on 't you can . Cryer , — Boales , — Scot , Mr. Pains Witnesses . L. C. J. You shall be admitted to prove any thing you can , because they did say , that they would prove it by five hundred Witnesses , and make it as plain as the day . C. Thomp . Since their hearing before the Council they Vaunted in Thompsons Intelligence , that they were ready with threescore Witnesses to prove all they had said . Council , Call Thomsons Witnesses . Cryer , William Ward , Fra. Hacker , Tho. Scot. One of them present , said I 'le go call the rest . Cryer , And will you come again ? Council , I am Council here for Mr. Thompson , who by the Direction of Mr. Pain , and Farewell , Printed these Papers upon their promise to make them good , and they have both confest that they were Written by them , and Printed by him , although now they design to cast the burden upon his Shoulders ; My Lord , as its a great mercy ( the Murder being Committed ) that Persons concerned therein , have been Detected and Punished , so it is a great mercy that the Authors of these Letters are Discovered , and so also of the two Intelligences , they were as much the Authors of the one as the other ; My Lord , Thompsons Intelligence is well known to be open to all that will come and put any thing into it , and he is paid for his pains . L. C. J. He will be paid for his pains too , I hope . Cryer , Edward Fisher , John Hazard , Mr. Culling , John Rawson and his Wife , Witnesses for Farewell . L. C. J. Hazard , begin , what say you Sir ? John Hazard , My Lord , It was early in the Morning about six a Clock , and happened the same day after Sir E. B. G. was found , Mr. Pain desired me to walk with him , and coming towards the White House we understood Sir E. B. G. was found , I had known him full twenty Years before , and therefore knew him at first sight , his Shoes were clean Bottom and Top , with Seeds sticking to them , as if he had been in a Hay-mow . L. C. J. Where was he ? Hazard , Upon a Table when I saw him , Then Mr. Pain desired me to go to the place where he had lain in the Ditch , and Mr. Pain conducted me to the place , where I saw several Gobbits of Blood by the Ditch side . Cryer , William Batson , — Sworn . William Batson , Mr. Farewell and I walked into the Fields in the Morning . Williams , Did you invite Mr. Farewell to go thither ? Batson , No ▪ he desired to walk . Williams , Did he carry you to the White-House before he went to the place where his Body lay ? Batson , No. W●lliams , Did Farewell bring you to the place where the Body lay , when it was carried to the White-House ? Batson , Yes Sir , Farewell shewed me the place , and then conducted me to the House . Council , How came you to go to this place ? Batson , The News was brought by a Fellow who was not believed , and by consent a Porter was sent out to inquire the Truth , when the Porter returned , he said the Body of Sir E. B. G. was found , and carried to the White-House , we ran thither and were there quickly , and there was not above six there beside our selves . Council , Did Farewell when he carried you to the Ditch , say that was the place ? Batson , Yes . Council , Did any Body shew you the place beside Farewell . Batson , I had no acquaintance with any but him . Council , Did any shew you the place , but Farewell , I say ? Batson , No Sir. Council , Did he go directly ? Batson , We went directly , we went the straitest way to the place , and past over some Ditches . Council , Was any there beside Mr. Farewell and you , at the time you went over Ditches , Did any direct you ? Batson , No. Another Witness — call'd and Sworn . Witness , My Lord , That Morning the Murder was discovered I went with two or three of my Neighbours to see as others did , and when we came to the White-House I saw Sir E. B. G. lie on the Table , his face looked swarthy , and he seemed as though he had been Strangled , thence I walked to the Ditch , where they said his Body had lain , they showed me Blood there , but whether his or no , I cannot Swear . L. C. J. Was it a Frost then ? Answer , I do not know whether it was a Frost or no , it is so long since , it to me looked like Blood that was laid there , rather then any thing else . Another Witness , My Lord , I was Carpenter to my Lord — and I was sent for to the White-House , and as I went to take Orders , I heard the Report that Sir Edmond was found , I went on to my designed place , and when I came there , I saw Sir Edmond lie dead on the Table , I turned his Coat up , I saw two wounds within an Inch and half of one another , the one went no further then the bone , and the other through his back , and they brought to me the Sword which they said , they had pull'd out of his Body . There was an Order to get him stript , I pull'd off his Shoes , his Shoes were clean , I pull'd off three pair of Stockings , and a pair of Socks , I pull'd off his black Breeches and Drawers , We set him on his breech upon the Table , with his Leggs hanging down , unbuttoned his Coat and Wastcoat pull'd them off , but we could not bend his Arms when we came to his Shirt , so we tore it open . Upon his Back , there was some Blood , but upon his Flannel there was none . I have one thing more to say , There was a place Black round about his Throat , which looked as if he had been Strangled , and his Neck was weak and loose , and had no strength at all in it , by which its Evident he was Murdered . Farewell , The Blood is one of the Arguments which induced me to do what I have done : For as to the Circle about the Throat it is no more then sometimes attend Persons in an Ordinary way , I was not present in the Court at the Tryal of the supposed Murderers , when it was strongly pretended there was no Blood there , whereas I 'le Swear there was near a handful of Blood ( My Lord ) and I will tell you who laid it there . Call Rawson and his Wife . Cryer , Rawson and his Wife — Sworn . Farewell , This man was the man that helped the Body out of the Ditch , and carried it to the House , let him speak to it . Rawson , I was the Person who upon the first Discovery of the Body , pull'd him out of the Ditch , when I had so done , pull'd the Sword out , which was run through him , and then removed him to the House , There was Blood , or like Blood and Water came from him , and carrying him into the House , while going in at the door his Back did swing against the side of the door , and there was some Blood and Water left there , and likewise upon the Table where he was laid , and the Floor , and some in the Cellar . L. C. J. Did the Blood run from the Body on the Table , from thence to the Floor , and then into the Cellar . Rawson , There was Blood in all these places , but I cannot say how it came there , unless it came from the Body . L. C. J. Upon your Oath do you know that was Blood ? Rawson , I will not Swear whether it was clear Blood or no. ( At which was a great noise in the Court. ) Cryer , Silence . Farewell . My Lord , I desire the same Question may be asked Rawson's Wife ; Whether the Blood did not run from the Body on the Table on the Floor , and down into the Cellar . Raws . Wife , As Sir E. B. Godfrey's Body laid along on the Table , the Blood and Water ran from the Table on the Floor . L. C. J. And did it run into the Cellar too ? Raws . Wise , I am sure the Bottles were wet with Blood there . Farewell , My Lord , now to the next Point , it is the difference between Mr. Bedlow's and Mr. Prance's Evidence , I have the Journal of the House of Lords , and I will undertake to prove it . Call John Stanly . Cryer , John Stanly , Come into the Court. L. C. J. What is it you would have of him ? Farewell , I would have him prove the Copy of the Journal of the House of Lords . L. C. J. What use do you then make of it ? Farewell , I say there is a great difference between the Evidence of Bedlow and him , and I will produce the Journal to prove that whereas Prance said he was strangled with a Handkerchief , Bedlow in his Depositions before the House of Lords asserted he was stifled with a Pillow . L. C. J. Can you prove that Bedlow gave that Evidence ? Farewell , Yes my Lord , by Mr. Whinyard , Walker , and others . Call them . Cryer , Mr. Whinyard , Mr. Walker , Mr. Hobbs , Mr. John Chase , Mr. James Chase , — sworn . Farewell , I ask Mr. James Chase but this Question , who it was unbuttoned his Collar ? James Chase , That day , after the Body was found , I went in company to the Field , and then to the place where they said the said Body had been ; I look'd into the Ditch , and could see no sign of Blood there ; but on the side of the Ditch , four or five yards distant , was some , as appeared to me ; which they said had followed the Sword when it was pull'd out of the Body . Then I went where the Body lay , and view'd it . I saw two wounds under the left Pap , his Throat was black and blew upon opening the Collar near the breadth of an Hand , and his Face was very much swelled : I believe he was strangled by others , for I cannot believe all those Injuries could otherwise attend him after he was dead . Cryer , Mr. Hobbs — sworn . Farewell , I desire that Mr. Hobbs may be ask'd , If he did not propose to Mr. Michael Godfrey that his Brothers Body might be opened , whereby he might certainly know whether he was murdered or no. Mr. Hobbs , My Lord , I did believe he was strangled . L. C. J. Mr. Hobbs , Did you desire his Body might be opened ? And did you say , It might be very well , if Mr. Michael Godfrey would send for a Doctor and Surgeon from the Court , to have him opened , that all might be fully satisfied that he was murdered ? Mr. Hobbs , My Lord , I was satisfied in my self that he was strangled and had those wounds from others ; I did not advise it for my particular Information , but that of others . L. C. J. Pray what colour was his Face ? Mr. Hobbs , He was black and swarthy , and the white of his Eyes and the Blood Vessels were as full as those that are troubled with Sore Eyes . Farewell , I desire to know whether he had Fly-blows in his Eyes ? L. C. J. Had he Fly-blows in his Eyes ? Mr. Hobbs , No my Lord. Mr. John Chase , I walked to see this Body which I heard was found , I found a great Contusion upon the left Muscle . I troubled my self no more at that time . I was desired after this by Doctor Lloyd to go with him , and coming there to review the Body , I observed a Swelling under the left Ear , together with several other Contusions , which were very surprising , for ( my Lord ) I never found any so contused in all my life . My Lord , When we had heard the Matter of Evidence and the Persons charg'd with the Crime , Mr. Farewell one day called me aside , and told me what proof he could make in this Business against the Evidence . Then said I , Mr. Farewell you are my Friend , I would advise you for your good ; I believe nothing can be made appear against it . I saw not Mr. Farewell for a considerable time after : Afterwards on the Eve of Easter-day I met Mr. Farewell , and it was thus ; I had been drinking a Glass of Wine with some Friends , Mr. Farewell came in and asked for one ; so they knowing him , called for another Bottle ▪ Said I , Because Mr. Farewell is come , I will drink another Glass with him , although I was taking my leave . We fell into some Discourse , and talking of this Subject , he told me , That Six Months before I had given him good Counsel , if he could have taken it . Cryer , Mr. Smith the Cook , Mr. Tho. Smith , Mr. Brown , — sworn . L. C. J. Mr. Farewell , What would you have from these Witnesses ? Farewell , My Lord , I would have you to ask , Whether Sir E. B. Godfrey's Eyes were not Fly-blown ? L. C. J. Mr. Brown , It 's proposed to you by Mr. Farewell , Whether the Eyes of Sir E. B. Godfrey were Fly-blown ? Mr. Brown , No my Lord , not that I saw . L. C. J. Was there any specks that were like Fly-blows ? Farewell , My Lord , I 'll call two Witnesses more , and will prove it . Mr. Brown , No my Lord , I saw no specks like Fly-blows . Mr. Farewell was with me , and told me his Eyes were Fly-blown , and would fain have me said such things , if I would have said them . [ A great Notse about the Court. ] Cryer , My Lord the Kings Justice commands all Persons to keep silence upon pain of Imprisonment . Mr. Brown , He came another time , and told me , that I was wrong in my Affidavit , as though he knew it better than my self . L. C. J. Where was this ? Mr. Brown , He was at my House . L. C. J. Was Mr. Pain with him ? Mr. Brown , My Lord , I did not know Mr. Pain , and therefore cannot say whether he was there or no. Council , Do you know Mr. Thompson , was he with him ? Mr. Brown , I know not Thompson , therefore cannot say that he was . Cryer , Mr. Nath. Thompson and Mr. Pain , being called , did not appear . L. C. J. What do you ask Mr. Smith ? Farewell , The same Question about the Blood , and whether he did not carry some of it away in his Handkerchief ? L. C. J. Pray tell Mr. Farewell Whether you took up any of Sir E. B. Godfrey's Blood , and carried it home in your Handkerchief ? Mr. Smith , My Lord , When I went that way Sir E. B. Godfrey's Body was removed , before I got thither ; I viewed the place where they said he laid : and indeed I was ask'd , Whether I saw any Blood there ? L. C. J. Did you not take any of Sir E. B. Godfrey's Blood in your Handkerchief ? Smith , No not I , my Lord. Farewell , Call Rawson and his Wife . My Lord , I will prove by these Witnesses that his Eyes were Fly-blown . L. C. J. Rawson , Mr. Farewell enquires of you , If you saw any thing like Fly-blows in Sir E. B. Godfrey's Eyes ? Rawson , Yes , my Lord. L. C. J. Did you observe the Flies busie at that time of the year ? [ A great Laughter in the Court , the time being in the midst of Octob. and Snowy Weather . Rawson , I did see something like Fly-blows . Farewell , Call Rawson's Wife . Cryer , Rawsons Wife , come into the Court. Rawson . I must fetch her then . Cryer , Make Room there for Rawson and his Wife . People , They will not come . Cryer , Make Room for them if they will come . Rawson's Wife , Rawson's Wife , come into the Court. Answ . Here. Cryer , Make room there , stand clear there , make room . L. C. J. Woman , Mr. Farewell desires to know if there were Fly-blows in the Eyes of Sir E. B. Godfrey . R. Wife , My Lord , people said they were Fly-bows . L. C. J. He asks too what you say to the Corners of his Mouth and Nostrils . R. Wife , I did not take much notice of them ; but they did say they were Fly-blown . Farewell , I have seen many a one who have dyed a natural death , in whom I have seen as much alteration as in him , and my Lord , I can prove , that the Discolouring of the Face , and the Circle about the Neck , might have another cause then they make the World believe . Cryer , Call — the Kings Surgeon . — Sworn . L. C. J. Farewell says , That many persons dying a Natural Death may look as he did . Surg. My Lord he was certainly strangled , and sometimes persons may be strangled and yet look pale : If that which strangled him had been taken away while his Body was warm , the Vessels would have been less , and his Face would have been very Pale : Therefore it 's evident that that which strangled him , was not removed till his Body was cold , which was the occasion of that blackness ; for the Knot remaining , the Blood could not run away : He had as high a Colour as if in a Scarlet Feavor ; and the Blood that was seen by me four yards from the Ditch , I put my finger into it , and it smelt like Blood a fortnight or three Weeks from any Body . My Lord , I presume it was Blood came off the Womb , &c. His Neck was very much swell'd and black , on one side of his Mouth he was discoloured ; where-ever any Man is bruised while he has life , or while warm , the parts so bruised when dead will soonest corrupt ; as is a common thing . Mr. Chess the Apothecary unbuttening his Collar found two great Creases about his Neck , and desired me to come and see it ; and the mark was like that of a strait Ring upon a Finger , and while we with-drew to drink two or three Glasses of Beer , there remained only this Crease above . Sir F. Winington , Do you believe he killed himself now Mr. Farewell ? L. C. J. Were his Eyes Fly-blown and Shut ? Surgeon , There was something in the Corners of his Eyes that looked like matter ; but I can't say it was Fly-blown . His Eyes were open and Blood-shotten , like a Man that has had an extraordinary violence used toward that part ; or like a Man that hath had an extraordinary Cold. Farewell , Were not his Eye-lashes closed ? L. C. J. Were his Eye-lashes closed ? Surgeon , No my Lord , his Eyes were open . Farewell , When I saw him his Eyes were shut I am sure . Surgeon , I am sonsible , my Lord , that a great Storm of Hail and Rain had faln the Night before , and that his Cloths were as dry as mine , and as whole as mine ▪ Farewell , I will tell your Lordship the reason of that , he was removed by the Constable at Seven a Clock the Night before , and they made a great Fire , and so dried his Clothes . [ A Laughter in the Court. ] L. C. J. Mr. Farewell , Will you call any more Witnesses ? Farewell , I will call no more , my Lord , I am look'd upon with an evil eye ; they 'll censure me as a Papist , &c. Council , You are Guilty of a worse Crime , Sir ▪ Farewell , I submit my self to the Law. L. C. J. It matters not what Religion you are of , since ye are guilty of such Crimes . Serj. Maynard , Here is a high Offence against the Government and Justice of the Nation , against the Reputation of a Person of Worth and Integrity , after they had murdered his Person , to endevour the murdering of his Good Name . These persons have undertaken to manage it ; all the Witnesses Mr. Farewell has brought , have contradicted him in all he have said . No Blood , no Fly-blows , but Stranglings , Stabs , and Bruises ; and for a Man that should stab himself , how could he bruise himself too in that manner ? Yet they have asserted they would prove it by 500 Witnesses , but could he produce but one substantial one , it were well for him . But what have he or they to do with a matter of this nature ? The Justice of the Kingdom has past upon Green , Berry , and Hill for the said Murder upon Clear Evidence ▪ but suppose something might have been said , it became them not to arraign the Government and the Justice of the Kingdom in its Administrations . Sir E. B. Godfrey was certainly murdered , and we know by whom . I 'll produce two or three Witnesses that shall produce more than ever yet ; and if there were no more , there would be Evidence enough . My Lord , I desire that Mr. Prance may tell us the manner of his Murder and the Circumstances . Sol. General , Mr. Farewell has told us many Lies , and he leaves the World to make Inferences from them , and has brought Witnesses to prove some pretended Contradictions ▪ and therefore Sir E. B. Godfrey murdered himself ; this Fellow is guilty of the highest malice in the World , he has told you all these things which appear false , and from those falsities they would have inferred another , that he murdered himself . L. C. J. Brother Maynard , I have given him leave to bring what Evidence he would , not that I think it material ; and if he could have proved never so much , his malice had been never the less ; but we see that his own Evidence runs counter to him . What had he to do in that Case ? to what purpose should he write Books about the Government , to traduce the Justice of it ? This ought not to be done under whatsoever pretences . It has been sufficiently proved that Sir E. B. Godfrey was murdered , but there are other Witnesses yet can speak to it . — Call them . Cryer , John Okely , Mary James . People , Make room for the Witnesses there . Cryer , Mary James . Sol. General , Gentlemen , It 's beyond contradiction that Sir E. B. Godfrey was murdered , and therefore shall not need further Witness to prove it ; we shall leave it to you , and shall not trouble our selves or you any further about it . L. C. J. They did design , and would , no doubt of it , have been very much satisfied , if they could have made some probable proof that he kill'd himself : But I was desirous to hear what they could say for themselves . All the Evidence they call , go as much against them as can be ; the Evidence is as plain as the day that the Man was killed , and kill'd by Strangers . Besides , Sirs , a private person must not undertake to controul the Justice of the Nation : To say he was a just person that suffered , and I will justifie it ; this is not to be indured : but I was willing to hear all that could be said , and whether a doubt could be made ; and you see his very Evidence conclude him kill'd , and kill'd by Strangers . They are all Three in this Mischief , there is a Combination of them to affront the Publick Justice of the Nation , but the end of this Design is to make you believe here was no Popish Plot ; the Snake lies under the Bush , if they could have vomited it , and made a tolerable Proof , That Sir E. B. Godfrey had not been kill'd . But it 's very plain if that could have been brought to be a Doubt , then presently you would have had a full Cry , Oh this is a Sham , a Sham , a thing raised against the Papists ; and then the Plot and all such things had been nothing . I leave it to you , Whether upon this Evidence you do not believe them all Guilty of Traducing the Government and the Justice of the Nation . [ Then was a great Hum. ] After which , the Jury having a while consulted together , gave in their Verdict without going from the Bar , That the said Nathaniel Thompson , Mr. Farewell , and Mr. Pain , were all Guilty of the Matter contained in the Information . [ Vpon which the People gave a great Shout . ] And Mr. Farewell was carried back to the Kings-Bench , but Thompson and Pain not appearing , the Judgment of the Court is daily expected against them all Three . FINIS .