**This is said in 1681 in A Letter to Miles Prance.
***North, Examen, p. 201.
****State Trials, vii, 178 (Speech of Serjeant Stringer).
*****Ibid. vii. 179-183.
Lord Chief Justice Scroggs actually told the jury that 'for two witnesses to agree as to many material circumstances with one another, that had never conversed together, is impossible. . . .
They agree so in all things.'* The two witnesses did not agree at all, as we have abundantly seen, but, in the fury of Protestant fear, any injustice could be committed, and every kind of injustice was committed at this trial. Prance later pleaded guilty on a charge of perjury, and well he might. Bedloe died, and went to his own place with lies in his mouth.
*State Trials, vii. 216.
5.
If I held a brief against the Jesuits, I should make much of a point which Mr. Pollock does not labour. Just about the time when Prance began confessing, in London, December 24, 1678, one Stephen Dugdale, styled 'gentleman,' was arrested in Staffordshire, examined, and sent up to town. He was a Catholic, and had been in Lord Aston's service, but was dismissed for dishonesty. In the country, at Tixall, he knew a Jesuit named Evers, and through Evers he professed to know much about the mythical plot to kill the King, and the rest of the farrago of lies. At the trial of the five Jesuits, in June 1679, Dugdale told what he had told privately, under examination, on March 21, 1679.* This revelation was that Harcourt, a Jesuit, had written from town to Evers, a Jesuit at Tixall, by the night post of Saturday, October 12, 1678, 'This very night Sir Edmundbury (sic)
Godfrey is dispatched.' The letter reached Tixall by Monday, October 14.
*Fitzherbert MSS; State Trials, vii. 338.
Mr. Pollock writes: 'Dugdale was proved to have spoken on Tuesday, October 15, 1678, of the death of a justice of the peace in Westminster, which does not go far.'* But if this is PROVED, it appears to go all the way; unless we can explain Dugdale's information without involving the guilty knowledge of Harcourt. The proof that Dugdale, on Tuesday, October 15, spoke at Tixall of Godfrey's death, two days before Godfrey's body was found near London, stands thus: at the trial of the Jesuits a gentleman, Chetwyn, gave evidence that, on the morning of Tuesday, October 15, a Mr. Sanbidge told him that Dugdale had talked at an alehouse about the slaying of a justice of peace of Westminster. Chetwyn was certain of the date, because on that day he went to Litchfield races. At Litchfield he stayed till Saturday, October 19, when he heard from London of the discovery of Godfrey's body.** Chetwyn asked Dugdale about this, when Dugdale was sent to town, in December 1678. Dugdale said he remembered the facts, but, as he did not report them to his examiners (a singular omission), he was not called as a witness at the trial of Berry, Green, and Hill. Chetwyn later asked Dugdale why he was not called, and said: 'Pray let me see the copy of your deposition sworn before the Council. He showed it me, and there was not a syllable of it, that I could see, BUT AFTERWARDS IT APPEARED TO BE THERE.'
*Pollock, p. 341, note 2.
**State Trials, vii. 339, 341, Lord Chief Justice. 'That is not very material, if the thing itself be true. '
Chetwyn. 'But its not being there made me remember it.'
Its later appearance, 'there,' shows how depositions were handled!
Chetwyn, in June 1679, says that he heard of Dugdale's words as to the murder, from Mr. Sanbidge, or Sambidge, or Sawbridge. At the trial of Lord Stafford (1680) Sanbidge 'took it upon his salvation' that Dugdale told him nothing of the matter, and vowed that Dugdale was a wicked rogue.* Mr. Wilson, the parish clergyman of Tixall, was said to have heard Dugdale speak of Godfrey's death on October 14. He also remembered no such thing. Hanson, a running-man, heard Dugdale talk of the murder of a justice of the peace at Westminster as early as the morning of Monday, October 14, 1678: the London Saturday post arrived at Tixall on Monday morning. Two gentlemen, Birch and Turton, averred that the news of the murder 'was all over the country' near Tixall, on Tuesday, October 15; but Turton was not sure that he did not hear first of the fact on Friday, October 18, which, by ordinary post from London, was impossible.
*State Trials, vii. 1406.
Such was the evidence to show that Dugdale spoke of Godfrey's death, in the country, two or three days before Godfrey's body was found.
The fact can scarcely be said to be PROVED, considering the excitement of men's minds, the fallacies of memory, the silence of Dugdale at his first examination before the Council, Sanbidge's refusal to corroborate Chetwyn, and Wilson's inability to remember anything about a matter so remarkable and so recent. To deny, like Sanbidge, to be unable to remember, like Wilson, demanded some courage, in face of the frenzied terror of the Protestants. Birch confessedly took no notice of the rumour, when it first reached him, but at the trial of Green, Berry, and Hill, 'I told several gentlemen that I did perfectly remember before Thursday it was discoursed of in the country by several gentlemen where I lived.'*
The 'several gentlemen' whom Birch 'told' were not called to corroborate him. In short, the evidence seems to fall short of demonstrative proof.
*State Trials. vii. 1455.
But, if it were all true, L'Estrange (and a writer who made the assertion in 1681) collected a good deal of evidence* to show that a rumour of Godfrey's disappearance, and probable murder by bloody Papists, was current in London on the afternoon of the day when he disappeared, Saturday, October 12.*** Mr. Pollock says that the evidence is 'not to be relied on,' and part of it, attributing the rumour to Godfrey's brothers, is absurd. THEY were afraid that Godfrey had killed himself, not that he was murdered by Papists.