were made, it was found, that most of the Reprefentatives were men very opposite to the principles and defigns of the Court. While all were engaged in the new elections, three of the five accused of Godfrey's murder, namely, Green, Berry, and Hill, were tried at the King's-bench bar, before the Lord Chief Juftice Scroggs, the roth of February.

Oates depofed, that he had heard Godfrey fay, a little before his death, That he went in fear of his life by the Popish party, and had been dogged feveral days.

One Robinson teftified, that he heard him fay, That he believed he should be the first martyr.

Prance's evidence was the fame with what he had before depofed. The prifoners objected to him, that he had recanted and denied all before the King and Council. The Court made for him the answer which he had before given to the Council, That all that was nothing but an unusual fear, and a want of a full affurance of his parlon.

Hill's wife asked Prance, Whether he aad not been tortured in Newgate, fince everal had heard him cry out in that place? He answered, That he had not ;- that Captain Richardson had used him as civilly is any man in England; and that, all the ime he was there, he wanted for nothing. This answer, as we fee, is very contradic. ory to the aggravated recital of his tornents; though, even in that recital, nohing is faid which tends to fhew, that he was put to the torture.

Bedloe had already depofed before the Lords, That Le Phaire, Walsh, Pritchard, Leins, &c. had wheedled Sir Edmundbury Godfrey into Samerset-house court, under retence of taking fome plotters, and, after a arn or two, and the pretence of fending for conftable, they hoved him into a room, nd presented a piftol to him, threateng to kill him, if he made any noife, but would do him no hurt, if he would fend for is examinations; which he refufing to do, ey ftifled him between two pillows; and ter that, upon finding some life in him, rangled him with a long cravat.'

Some have remarked, that this firft evience of Bedloe was directly contrary to rance's. Others have obferved, that Bede never faid that he was present at the urder, but only depofed what he heard om others; confequently, that there was o real contradiction between the two witeffes.

In the prefent trial, Bedloe depofed, That, about a fortnight before the murLe Phaire, Pritchard, Keins, and

fome other Romish priests, all unknown to Prance, difcourfed Bedloe about killing a certain Gentleman, not named; and then fet him to infinuate himself into Sir Edmundbury Godfrey's acquaintance, which he did under feveral pretences. That, on the very day of the murder, Le Phaire told him there was a Gentleman to be put out of the way that night, and would have him to affift, and that there would be four thoufand pounds reward from the Lord Bellafis, &c. and therefore defired him to meet in the cloitter at Somerfet-house that evening, for thereabouts it was to be done; which he promised to do, but wilfully failed them, because he would not have his hands in blood. On the Monday after, Le Phaire, meeting him, charged him with breach of promife, and appointed him to come to Somerset-houfe at nine that night; where he told the witnefs, That he had done ill, that he did not help in the business; but, if he would help to carry him off, he should ftill have half the reward; and told him he was actually murdered. The witness asked if he might see him; upon which Le Phaire led him through a dark entry into a room where were feveral people, and Prance amongst them; and only by the light of a dark lanthorn he faw the face of the murdered person, and knew him to be Sir Edmundbury Godfrey. The witnefs advised to tie weights about him, and throw him into the Thames; but they did not approve of that, but faid they would put it upon himfelf, and carry him out in a chair, by the help of the porter Berry, at twelve that night. The witnefs promifed, upon the Sacrament, which he had taken the Thurfday before, to come again and help them; but, being got from them, his confcience would not permit him to go any farther, though he had been promifed two thoufand pounds for his labour; but he rather chose to discover the villainy to the King and Council, and accept of a quarter of the fum in an honeft way.'

What appears moft ftrange, in this depofition, is not its contrariety to the first, in which he only spoke by hearsay; but that Bedloe did not relate thefe circumstances to the Lords, having only faid, that he had feen Godfrey's body in Somerfet-houfe, and Prance in the fame room.

The conftable, that viewed the body in the ditch, gave an account, • That the fword was sticking through him, but no blood appeared upon the ground, and he found gold and filver in his pockets.' Two furgeons swore, That they verily believed the fword was run through him, after he was dead and cold; but that he died by

reafen

reafon of the fuffocation, and breaking of his neck, and bruifes on his breaft.'

Sir Robert Southwell depofed, That Prance, having related the matter to the Council, and being fent, with the Duke of Monmouth and the Earl of Offory, to fhew the places he mentioned, did readily go to them all, and they appeared all to be fuch as he had described them; only, as to the room in the upper court, where the body was laid one night, having never been there but once, he faid he could not pofitively affign it; but pointed to fome rooms, and faid he was fure it was thereabouts.'

Some have pretended, that thefe depofi tions were not regarded, becaufe the witneffes were Papifts. But no fuch thing is faid in the printed trial, and it is difficult to know the thoughts of the Jury, who were the fole judges of thefe evidences.

Befides, Hill fhewed, That, when he heard of Prance's being taken up for the murder, he had full leifure to make his efcape; which he never endeavouring was a great prefumption of his innocence.' is to be prefumed the Jury took but little notice of this proof.

It

Green proved by two witneffes, James Warrier and his wife, That he was at their house in the Strand, from between fe ven and eight till after ten, on that very night and time that Sir Edmundbury Godfrey was faid to be murdered in Somersethoufe. But, unhappily, Warrier, willing to corroborate his evidence, added, That Green's being apprehended a month after the murder of Godfrey recalled to his mind, that the faid Green had been with him on Saturday, the 12th of October, from eight to ten in the evening.' But, befides that Green was not arrested till the 24th of December, that is to fay, two months and twelve days after Godfrey's murder, he was not taken up for this murder, but for refufing the oaths, which could not cause Warrier to remember, that Green had been with him the day Godfrey was murdered. Green added, That, when Prance was taken up, he fhewed fuch a deteftation of the fact, that he faid, Rather than he fhould efcape, if he were guilty, he would be the executioner himself." In all likelihood, this proof appeared not very material to the Jury. In behalf of Berry the porter, the foldiers, that were placed centinels at the gate, teftified, That no fedan went out of the gate that night that the body was faid to be carried

off, though one did come in, and that th could not be mistaken in fo plain a matte And Berry's maid declared, That maiter was in bed by twelve o'clock th night, and never ftirred out, which ma it impoffible for him to be upon the who expedition.'

They all endeavoured likewife to inva date Prance's evidence; but the Court o ferved, That it was impoffible that M Prance, a man of that mean capacity, thou invent a fory with fo many confifting ci cumftances, if there was no truth in t bottom of it. But, adds the Hiftori whom I have often quoted, others oble ved, that the story was invented by fom body elfe of a greater capacity. This i finuation is fupported only upon his fyftem But, befides, had the penner of this narr tive been fo able as is fuppofed, it would ne have been difficult to give it a perfect agre ment with Bedloe's firft depofition, where as it was different in many refpects. Fo when a man is only to invent, and has fal witneffes ready to support the invention, h need not be much puzzled about the facts.

In conclufion, the Jury brought them i all guilty of the murder: Whereupon th Lord Chief Juftice Scroggs faid ・ The had found the fame verdict that he woul have found, if he had been one with them.'

They all three infifted upon their inno cence, to the laft moment of their lives Berry owned, that he was a Proteftant in his heart, but had for fome time diffemble his religion, for his private advantage.'

Hill, to perfuade the Ordinary of New gate of his innocence, gave him this nota ble proof of it: That he had wronge one in a twelvepenny matter, which had i troubled his confcience, that he had mad reftitution fince his condemnation, thoug he was in extreme want of prefent neceffa ries. And therefore he thus argued with him: If I have taken fhame upon myself in confeffing my crime in the cafe of trifle; can you think I would deny the murder, to maintain my reputation?

Green and Hill were executed the 21ft 0 February; but Berry was reprieved till the 28th of May.

The time for the meeting of the Parlia ment drawing near, the King, after exa mining the elections, forefaw a ftorm ga thering against the Duke of York; where fore, to prevent it, and perfuade the new Parliament that his counfels were not in fluenced by his brother, he refolved to fen him away, and, for that purpose, on th 28th of February, writ him the following letter:

I hav

'I have already given you my refolves at large, why I think it fit that you should abfent yourself for fome time beyond the feas: As I am truly forry for the occafion, fo, may you be fure, I fhall never defire it longer than it will be abfolutely neceffary for your good and my fervice. In the mean time, I think it proper to give it you under my hand, that I expect this compliance from you, and defire it may be as foon as conveniently you can. You may easily believe with what trouble I write; there being nothing I am more fenfible of, than the conftant kindness you have ever had for me. I hope you are as just to me, to be affured, that no abfence, nor any thing elfe, can ever change me from being truly and kindly your's,

C. R.

The Duke immediately obeyed, and, the 3d of March, departed for Holland, with his Duchefs and the Princefs Anne, his daughter; from whence he went and refided at Bruffels.

Mean time, the King, fearing that the new Parliament would impeach the Earl of Danby, and that the Earl, in prevention of his own danger, would be obliged to reveal fecrets which he wished to be concealed, granted him, under the Great Seal, as full and complete a pardon as could be drawn.

The new Parliament meeting the 6th of March, the King made a speech, tending to fhew how well affected he was to the laws of the land and the Proteftant religion. He fpoke of his care in punishing, as well thofe concerned in the plot, as the murderers of Sir Edmundbury Godfrey; and forgot not to mention the removal of the Duke of York. Laftly, he demanded money for dibanding the army, and for paying the fleet.

The Commons appeared refolved to purfue the matters which the late Parliament had left undecided. For this purpofe, the 20th of March, they appointed a fecret Committee to take informations, prepare evidence, and draw up articles against the Lords that were impeached; and to take fuch farther informations as fhould be given relating to the plot against his Majesty and the Government, and the murder of Sir Edmundbury Godfrey. At the fame time, they defired the Lords, by an exprefs meffage, to remember the impeachment of high treafon, exhibited against Thomas Earl of Danby, in the name of the Commons of England, and to commit him to safe cufto dy. They refolved alfo, that it fhould be referred to the Committee of fecrecy to draw up farther articles against him. The Earl

of Danby was greatly embarrassed; for he could not make his defence, without producing the letters writ by his Majefty's particular order, and other papers, which the King was willing to conceal; wherefore he refolved to adhere to the benefit of his pardon.

The next day, the 21st of March, Dr. Tonge, Oates, Bedloe, and a Scotchman, one Edmund Everard, a new discoverer, were called before the Commons, to give in their informations concerning the plot. Bedloe having delivered in his information, the House refolved, That an humble addrefs be made to his Majefty, that the five hundred pounds, promifed by his proclamation for the difcovery of the murder of Sir Edmundbury Godfrey, may be paid to Mr. Bedloe; and that he would further be pleafed to order, that the twenty pounds reward, for the difcovery of every prieft, may be effectually paid to the discoverers.'

The 2nd of March, the Commons crdered a bill to be brought in, to fecure the King and kingdom against the danger and growth of Popery.

The fame day, the King, going to the Parliament, fpoke to both Houfes in favour of the Earl of Danby; but the Commons, unmoved with this fpeech, were no fooner returned to their Houfe, than they fent a meffage to the Lords, to demand that the Earl might be forthwith committed to fafe cuftody. The Lords, feeing the paffion of the Commons, offered them, in a conference, the draught of a bill, by which the Earl of Danby fhould be for ever incapable of coming to his Majefty's prefence, and of all offices and employments, and of receiving any gifts or grants from the Crown, and of fitting in the House of Peers. But the Commons were not fatiffied with fuch a bill, probably, for two reafons: The firft was, that the Earl of Danby had implacable enemies among the leading Commons. The fecond, that, purpofing to difcover the King's fecrets by a ftrict examination of the Earl of Danby's affairs, they faw, that this bill was only an artifice to conceal what they wished to know: and divulge.

Mean time, the Commons, hearing that the King had figned a pardon for the Earl of Danby, appointed a Committee to repair to the Chancellor, and inquire how this pardon was fealed, and at whofe fuit. The Chancellor anfwered, That it was done very privately, the King having ordered him to bring the feal into his clofet, and lay it on the table; that his Majefty com. manded the feal to be taken out of the bag, and ordered the perfon, who usually carried

C c

the

the purfe, to affix it to the pardon.' The Chancellor added, in his juftification, That, at the very time of affixing the feal to the parchment, he did not look upon himself to have the custody of the feal: That the pardon was paffed with the utmost privacy, at the defire of the Earl, who gave this reafon for it: That he did not intend to make ufe of it, but to stand upon his innocence, except falfe witneffes fhould be produced against him; and then he would make ufe of it at the last extremity: That, notwithftanding this reafon, he advised the Earl to let the pardon pafs in the regular courfe; but, after confulting with the King, his Majefty declared he was refolved to let it pafs with all privacy."

The Houfe, upon hearing this report, were inflamed against the Earl; and one of the Members, naming the Earl of Danby, proceeded thus:

The perfon to whom we owe the dangers and fears of the French King against us: The perfon to whom we owe the threats and fevere anfwers to thofe humble add effes we made the last feffion of Parliament: The perfon to whom we owe the ruin of this nation, and exhaufting the King's revenue: The perfon to whom we owe the expence of two hundred thousand pounds a year, unaccounted for : The perfon to whom we owe the raifing of a standing army, to be kept up by the receipt of fix millions of livres yearly for three years, to inflave us and our religion: The perfon to whom we owe the late bone that was thrown in, on the fitting of the last Parliament, to hinder the good iffue that might have come by their proceedings; who is now laying down his ftaff, and making up his accompts in the Treasury, as he pleafes, to inrich himself out of the fpoils of the people, and fo depart.'

The fame day, the Lords fent a meffage to acquaint the Houfe of Commons, that the Earl of Danby had withdrawn, and could not be found; whereupon the Commons ordered, That a bill be brought in, to fummon Thomas Earl of Danby to furrender himself to juftice by a day to be therein limited, or, in default thereof, to attaint him. The 3d of April, articles of impeachment against the five Lords in the Tower were drawn up by the Commons, and carried to the Houfe of Lords, as well as the bill to fix a day for the Earl of Danby to furrender himself to juftice. The Lords having fent back this last bill, with fome amendments, the Commons were dif fatisfied, because the Lords were not of opinion, in cafe the Earl refufed to furrender himself, to proceed against him by bill of

attainder, but to content themselves with inflicting other penalties. The two Houfes had feveral conferences upon this fubject, in which the Commons continued immoveable, without any diminution of their rigour against the Earl. At laft, the Lords paffed the bill, and appointed the 23d of April for the Earl's furrendering himself to trial. The Earl, feeing that his abfence could not hinder the bill of atrainder from paffing against him, refolved at laft to furrender himfelf to the Uther of the Black Rod; and, the fame day, he was fent to the Tower. The King then found himself involved in greater difficulties, than he had ever ftruggled with before, as he faw the Earl of Danby could not make his defence without divulging his fecrets.

If the King would have altered his maxims and principles, he might have been eafily freed from these troubles. He had only to break his union with France, difmifs thofe of his Minifters who were unacceptable to the Parliament, and act with fincerity for the intereft of the kingdom and of the Proteftant religion, abandoning all the projects he had hitherto formed: But he could not refolve to make this facrifice, both because he believed his honour concerned, and his design was only to gain time and amufe the Parliament. It was with this view that, by the advice of Sir William Temple, he refolved to establish a new Council, into which were admitted fome Lords moft oppofite to him, as the Earls of Shaftesbury and Effex. This Council consisted of thirty members, fifteen of whom were ever to be the prefent chief Officers of his crown and houfhold; ten were to be taken out of the Nobility, and five out of the Commons; but he took care, in this model of his Council, to have a majority of fuch as were devoted to him. The Earl of Shaftesbury was made President of this Council, though no man was more hated by the King. His aim was to perfuade the public, and the Parliament, that he was refolved intirely to change his manner of governing, and be guided, in all affairs whatfoever, by the advice of the new Council. But this was only to amufe the public; for, as it was not poffible for the King to depart from his principles concerning religion or government, fo moft of his new Counsellors were not for facrificing the Royal authority to the will of the Parlia ment. The Earl of Shaftesbury would have been extremely pleafed with being Prefident of the Council, if his authority had been proportionable to his office; but he quickly perceived he was there only for fhew, and to be fubfervient to the King's defigns,