A brief history of the times, &c. ...
L'Estrange, Roger, Sir, 1616-1704., L'Estrange, Roger, Sir, 1616-1704. Observators.
Page  242

CHAP. XII.

The Iuror's Reasons for the Verdict they gave, upon the View of Sir E. B. Godfrey's Body.

THomas Harris Deposeth, That He this Enformant, some few Days after Sir Edmundbury Godfrey went Last from his House, heard that he was Missing; And saith, That the said Sir Edmund's Body being found Dead in a Ditch, at, or near Prim-rose-Hill, He this Enformant was Summon'd upon the Coroners Inquest to attend at the White-House, near the said Primrose-Hill, where there were Two Persons suppos'd to be Surgeons, to View, and to Probe the Body. The One's Name was Cambridge; The Other this Enformant doth not know. The said Surgeons, upon Examining the Body, found Two Wounds, which they said they Believ'd were given after the Body was Dead. And observing a Streak about his Neck, they said they Believed he was First Suffocated, and some time afterward, run Through. And this Enfor∣mant did not take Notice of any other Surgeons there, then Those Aforesaid. The matter was there Debated by the Jurors, who were not as yet satisfied how he should come to his End: There being Evidence of the Place, and the Man∣ner of finding him, but None of the Particular Manner of his Death. So that the Jury Adjourn'd till they should have a Further Summons.

Vpon Saturday the Day following, the Jury met again at the Rose and Crown in St. Giles's in the Fields, where they came, after a Long Debate, to a Verdict, Agreeing, that the said Sir Edmundbury Godfrey was Strangled by Persons Unknown, &c.

And being further asked, How it came to pass, that this Enformant, and the Jury, not being satisfied in the Man∣ner Page  243 of the said Sir Edmund's Death, by any Proofs at the White-House, they came Now to be better Satisfy'd therein, at the Rose and Crown, then they were Before: To which, this Enformant maketh Answer, That an Oyl∣man, and Some Others made Oath, That they saw him in the Strand about Twelve or One upon the Day that he was First Missing.

And being further Asked, How they came to find him Strangled with a Linnen Cloth, when there was No Lin∣nen Cloth found, and not rather Kill'd with his own Sword, which was found through him: This Enformant Answereth, That the Surgeons told them, That if he had been run through first, there could never have been a Suffocation Afterwards.

Iohn Cowsey Deposeth, That there were Two Sur∣geons call'd to View, and Examine the Body, who gave their Opinions upon Oath, (to the best of this Enformants Memory) that he was Suffocated, which they Gather'd from a Circle about his Neck, and the setling of the Bloud about his Breast.

They did not come to a Verdict at That Meeting; But the Coroner told them, that for several Reasons, they should at present Adjourn.

After the Adjournment abovesaid, the Jury met at the Rose and Crown in St. Giles's in the Fields, the next Day, where they stay'd till very Late That Night, before they gave up their Verdict.

And this Enformant being Interrogated, if they found a Linnen Cloth about him: This Enformant Answereth, That he neither saw, nor heard of any.

And this Enformant being Interrogated, if there was any Proof made to the Jury of the Body being found Dead with a Sword through it, This Enformant maketh An∣swer, That it was Prov'd upon Oath.

Page  244And This Enformant being further Interrogated, how they came to find him Strangled with a Linnen Cloth, when no Linnen Cloth there appear'd; and why they did not find him to Dye of his Wounds, when 'twas Prov'd upon Oath, that the Body was found with a Sword through it? He this Enformant maketh Answer, That by the Opinion of the Surgeons, and the Appearance of the Body, they Iudg'd that he was Strangled. And touching the Wound given by the Sword, this Enformant Iudged that the Wound could not be his Death; because he saw No Bloud fol∣low.

Ioseph Girle Deposeth, That being Summoned, &c. One Mrs. Blith, amd her Man of St. Giles's, made Oath, They, or One of them had been upon Wednesday up and down thereabouts (where the Body was found) looking for a Calf newly fall'n; And that at that time, they did not see any Dead Body. This being Wednesday when Sir E. B. Godfrey was Missing. And saith, That the Jurors complain'd much of waiting so long, and Desir'd to be Dis∣missed; but the Coroner, John Cowper, urged the staying of it out, till they should see what Evidence would come in.

Thomas Woollams Deposeth, That he was Summo∣ned, &c. And that there were Two Surgeons with the Jury, upon the View of the Body; Who, upon Examina∣tion of the Circumstances, Declar'd upon their Oaths, That they Believed the Body was Suffocated; Giving these Reasons for it, that there was a Circle about the Neck; The Bloud was Setled within the Skin, and his Neck seem∣ed to be Wrenched. They did not come to a Verdict at That Sitting; but put it off to another Sitting.

Simon Standever Deposeth, that he being Summoned, &c. and the Jury Sworn, they went All, or the greater Part of Page  245 them, and this Enformant, one of the Number, to View the Place where the Body was found; and so Return'd to Sit upon the Body. There were Two Persons, one Cam∣bridge, a Surgeon, and Another Person Vnknown to this Enformant, who they said was a Surgeon also, to View, and to Examine the said Body, who Delivered their Opinion upon their Oaths, That they Believed that the said Sir Ed∣mund did Not Dye of the Wound by the Sword; but that he was Strangled: For his Breast was Black and Bruised; And there was a List about his Neck: His Neck Limber, and his Chin turn'd upon his Left Should∣er, to the best of This Enformants Memory. That by This Opinion of the Surgeons, and their declaring that he did not Dye by the Wound of the Sword, This Enfor∣mant, and others of the Jury (as he Believes) were Persuaded to be of the same Opinion, That he did not Dye of the Wound of the Sword.

And This Enformant saith, That they did not come to a Verdict at the White-House; But there being a great Crowd of People, and No Evidence as yet appearing (as this Enformant Remembers) but the Two Surgeons, and Mr. Collins, who said that he saw him on the Day that he was First Missing about Nine or Ten a Clock in the Morn∣ing, near a Barn of the said Mr. Collins's, hard by Ma∣rybone Church; the Jury was coming at that time to a Verdict. That the Day following, in the Afternoon, the said Jury met at the Rose and Crown in St. Giles's in the Fields, where they sate from the Afternoon, till past Midnight, before they gave up their Verdict.

This Enformant being Interrogated, what Evidence they had at the Rose and Crown, more then they had before at the White-House, to make them think that the Sword was not the Cause of his Death: This Enformant Answereth, That a Shop-keeper, with his Wife, and some body else, gave Enformation upon Oath, That they had seen the said Sir Edmund at the Door of the said Shop-keeper; Page  246 about Twelve a Clock at Noon the First Day that Sir Edmund was Missing; by which, it appear'd, that the said Sir Edmund was back again in London, after Mr. Col∣lins had seen him about Marybone.

Anthony Fryer Deposeth, being Summoned, &c. That there were Two Persons, said to be Surgeons, that had the View of, and the Probing of the Body. The Name of the One was Nicholas Cambridge, but the Name of the Other this Enformant doth not Remember: And that upon the Probing of the said Body, they gave their Opinion that the Wounds were made after he was Dead; which, to This Enformants Remembrance, Mov'd This Enfor∣mant, and Others, to be of the same Opinion too.

And this Enformant saith, That the Surgeons afore∣said were with the Jury again at the Rose and Crown, (to the best of his Knowledge;) And that the said Surgeons Declar'd they Believ'd he was Strangled with a Napkin, or Some such Thing, which this Enformant saith, was the Only Reason, together with the Circle about his Neck, that Induc'd This Enformant to be of That Opi∣nion.

Robert Trotton being Summoned, &c. Deposeth, That being ask'd upon what Evidence they found the said Sir Edmund to be Strangled with a Linnen Cloth, the Body being found with a Sword through it, and no Linnen Cloth appearing, This Enformant maketh Answer, That He and the Jury could not tell what to Think on't, it was so Ticklish a Bus'ness: But the Two Surgeons, One Nicholas Cambridge, and Another, saying, that it was done by some Linnen Cloth, Sway'd the Jury to find it so. And that This Enformant verily Believeth, that if the said Surgeons had not given their Opinions, that he was kill'd by a Linnen Cloth, the Jury would have given up the Verdict, that it was done with his own Sword.

Page  247And further, That this Enformant doth not Remember any more Surgeons upon the View of the Body with the Ju∣rors, then the Two before spoken of: And he Remembreth that the said Surgeons were with the Iury, both at the White-House, and at the Rose and Crown; And that the Iu∣rors were strongly of Opinion that the said Sir Ed∣mund was Kill'd with the Sword that was found in his Body, 'till the Earnestness of the Surgeons Prevail'd upon them, to give their Verdict Another way.

Iohn Davis Deposeth, That this Enformant was Sum∣mon'd to appear upon the Coroners Inquest at the White-House near Primrose-Hill; And there to sit upon the Bo∣dy of Sir Edmundbury Godfrey, which was found Dead near that Place: And This Enformant went thither ac∣cordingly, where He this Enformant saw the said Body ly∣ing upon the Table: And likewise saw Two Persons there, which he took to be Surgeons.

And saith, That the said Iurors were discoursing how the said Sir Edmundbury Godfrey came by his End: And that This Enformant did not understand by any thing he heard there, nor did he ever understand how the said Sir Edmund came by his Death.

And that the said Iury was Adjourn'd from the White-House; and likewise that the Coroner there Declar'd, that the said Body might be bury'd.

And this Enformant remembreth, that the said Iury sat again at the Rose and Crown in St. Giles's in the Fields; And that there they sat Late in the Night, 'till they deli∣ver'd up their Verdict.

And saith, That this Enformant, by all that Pass'd There, could not understand how the said Sir Edmund came by his Death; Neither did he find by any of his Fellow-Iurors, how he came by his Death.

And This Enformant Remembreth, that in Discoursing upon the said Body; Some were of Opinion that he Mur∣ther'd Page  248 Himself; Others, that it was done by the Hands of some Other Person, or Persons.

Philip Wyanes Deposeth, being Summon'd, &c. That there was One Cambridge a Surgeon there; and Another Person who they say was a Profess'd Surgeon, whom This Enformant did not know, which Two Surgeons did upon their Oaths take a View of, and Examine the Body, Lancing the Breast, and the Neck, Declaring their Opi∣nions upon the View and Examination of the said Body; That it was Impossible for the said Sir Edmund to do That of Himself, but that it was done by other Hands; And that he Dy'd by Suffocating, by something that was Broad, the Circle it Self being very Broad. The Crowd of People being very Great, and the Jurors desirous to get what En∣formation they could they were Adjourn'd for that Time without coming to a Verdict.

The Iury met Next at the Rose and Crown at St. Giles's in the Fields, Where they sat from the Afternoon 'till about Midnight, before they gave up their Verdict; The Two Surgeons before Spoken of, Continuing in the same Opinion that they were before.

And This Enformant being Interrogated, what Objecti∣ons were Mov'd upon the Debate before they came to a Ver∣dict, Maketh Answer, That some said perhaps he might Murther Himself; some that perhaps the Sword might Kill him; Others that he was Strangled: But they All Agreed at last in the same Verdict.

Thomas Mason Deposeth, being Summon'd, That there was one Cambridge a Surgeon to view the Body; And Likewise Another Person Vnknown to this Enformant, who they said was a Surgeon; which said Surgeons gave their Opinion, that the Sword was not the Death of him; But that he was Strangled. That there was a Debate upon the Matter; But the Press being Troublesome, and the Page  249 Persons that found the Body, not Present, the Iury brake up from the White-House.

That on the Next day, being Saturday, the Iury Met at the Rose and Crown in St. Giles's in the Fields, about Five in the Afternoon; And that they sat 'til Four in the Morning, before they Agreed upon the Verdict.

And moreover, This Enformant saith, That the said Radcliffe and his Wife Swore they saw him about One a Clock, on the aforesaid Saturday, when Sir Edmund was first Missing, and Ask'd him to Dine with them.

Thomas Hartwell Deposeth, being Summon'd, &c. That the Neck of the said Body being so Limber, that it would not lye Upright upon the Table; This Enformant Believeth (to the Best of his Memory) that there were Sur∣geons sent for; And that there came two Persons, One Cam∣bridge, whom This Enformant knew to be a Surgeon, and the Other This Enformant did not know; The said Surgeons feeling, and viewing the Body about the Neck, and find∣ing the Neck to be Limber, and a Green List round it, They the said Surgeons gave their Opinions that the said Body was Strangled.

This Enformant further saith, That upon the Surgeons Declaring Themselves in Manner as Aforesaid, He This Enformant was Induc'd to be of That Opinion: But the Crowd being very Great, and the Iury desiring to be better Enform'd, they Rose without Coming to a Verdict.

And this Enformant saith, That the Iuries next Meet∣ing was at the Rose and Crown in St. Giles'es in the Fields, where they had a Long Debate before they gave up their Verdict.

This Enformant remembreth, that there was Sometime or other a Dispute betwixt the Two Coroners, but doth not remember upon what Point, nor the Circumstances of the Dispute; Neither can he be Positive, that it was about the Body that was there in Question.

Page  250And saith, That the Surgeons gave for the Reason of their Opinions, that the Neck was Limber, and Broken, And a Circle of Bloud Settled about the Neck; And That This Enformant Believeth, that the Jury relyed upon the Surgeons Opinion, believing that they Under∣stood the Matter better then the Jurors. The Surgeons also saying, That they Believed he was Strangled with a Cloth, the Circle would not have been so Broad else.

I am Now to Observe, upon This Evidence, First, That the Verdict was not Carry'd so Clear as the World has been made to Believe: For after so many Hours Sit∣ting at the White-House upon the Friday, they were forc'd to Adjourn the Debate to the Rose and Crown in St. Giles's, and to make Another Days Work on't; Nay, and it was far into Sunday Morning too, before they A∣greed their Verdict.

It must not be pass'd over in the Second Place, What was the True Reason of their putting it off. Harris said the Jury were not satisfied, and so Adjourn'd. Cowsey says, they could not agree That Point, and the Coroner Adjourn'd for several Reasons [Best known to Him∣self.] Wyanes says, they Adjourn'd for Better Enfor∣mation; And so says Hartwell. But they Adjourn'd, in fine, for want of Full Enformation. They came next day together again, according to that Adjournment, and sat out the Debate 'till it came to a Verdict, which presumes that they had now gotten the Better En∣formation, which they wanted before: And what That Enformation was, is the Thing next to be Con∣sider'd.