THE
VNHEARD
OF
Murther
of
Mr.
Trat
,
Minister
of
olde
Cleaue
.
DIuers
forraigne
Nations
for
those
more
open
and
knowne
faults
,
which
custome
hath
made
remarkable
amongst
them
,
haue
by
the
note
of
your
English
censure
suffered
the
common
brand
of
Infamy
and
reproach
.
Hence
is
it
that
most
of
our
curious
censurers
,
and
some
of
them
(
not
our
least
sinners
)
haue
taxed
the
French
for
lightnes
,
the
Dutch
for
drinking
,
the
Danes
for
cruelty
,
the
Italians
for
pride
and
couetousnes
,
the
Spaniards
for
delayes
and
subtilties
.
But
in
vaine
doe
we
lay
these
aspersions
vpon
others
,
there
by
to
palliate
our
owne
disgrace
,
or
seeke
to
couer
with
rhese
Figgeleaue
garments
,
our
owne
deformity
and
nakednesse
.
For
many
amongst
vs
(
as
it
is
to
be
seared
)
are
conscious
of
these
,
&
of
many
other
enormious
sins
besides
.
For
to
let
passe
fearefull
Atheismes
,
terrible
blasphemies
,
tearing
oathes
,
and
vnnaturall
lusts
,
which
prouoke
the
iust
vengeance
and
indignation
of
our
maker
.
That
Lethargie
of
security
doth
so
possesse
our
spirits
,
that
although
we
sleepe
with
the
serpent
continually
in
our
bosomes
,
yet
we
rest
carelesse
and
secure
of
his
dangerous
temptations
and
designes
.
Couetousnes
is
so
hidropicall
and
longing
amongst
the
purse-sicke
Timpanists
of
this
age
,
that
like
vnto
that
Idoll
of
lust
,
the
more
they
haue
,
the
more
they
still
desire
.
And
then
what
doth
the
generality
of
our
Nation
doe
,
who
with
such
Catonian
rigour
doth
censure
others
?
Quaecunque
profundâ
Traxit
auaritiâ
,
luxu
peiore
refundit
.
What
couetousnes
hath
got
,
luxurie
doth
spend
in
surfet
and
excesse
.
Our
moderne
murthers
,
which
are
there
most
raging
where
other
sinnes
are
most
raigning
,
seeme
equall
,
though
not
for
the
number
,
yet
for
the
maner
,
vnto
these
of
the
Mahometan
Assassines
men
oblig'd
thereto
by
their
profession
,
or
to
the
Italian
Banditoes
,
people
inur'd
there
by
custome
.
The
scarlet
tincture
and
guiltinesse
whereof
pollutes
the
Earth
,
infects
the
Ayre
,
and
cries
for
vengeance
at
the
gates
of
heauen
,
and
the
Iudgement
seate
of
the
Almighty
.
So
that
no
more
Angli
quasi
Angeli
,
may
these
transgressours
be
call'd
Angles
or
English
,
because
we
are
like
the
Angels
:
but
we
may
be
call'd
Deires
,
quasi
dei
ira
,
as
being
the
anger
of
God
,
and
the
powred
out
Lees
of
the
Cup
of
his
indignation
.
Amongst
the
list
and
number
of
which
most
horrid
presidents
,
whereof
England
like
Libia
,
Semper
aliquid
profert
noui
,
doth
alwaies
produce
new
shapes
and
subiects
,
none
haue
beene
more
notoriously
noted
,
and
infamously
famous
,
then
those
three
Assassinations
committed
within
these
few
yeares
in
Summerset-shire
,
on
the
north
side
of
Quantocke
Hill
:
The
first
,
of
Thresher
kil'd
at
St.
Adries
,
by
his
own
wife
&
her
adultrous
louer
:
The
second
,
of
Robert
Seaman
of
Norton
,
butchered
at
Otterhampton
by
his
Brother
in
Law
Legge
and
his
Wife
:
And
the
last
,
(
which
is
the
Tragicall
subiect
of
this
present
Discourse
)
is
the
cruell
and
vnheard
of
murther
of
Mr.
Tratte
,
Curate
of
Olde
Cleeue
in
the
said
County
,
by
young
Peter
Smithwicke
(
as
the
Law
found
it
)
his
Complices
and
Associats
.
For
the
better
explanation
whereof
,
wee
may
methodically
consider
these
fiue
circumstances
;
First
the
Person
murthered
,
and
the
Persons
murthering
:
Secondly
,
the
Motiues
which
did
induce
them
to
commit
this
murther
:
Thirdly
the
manner
of
committing
and
executing
of
it
:
Fourthly
,
the
meanes
,
and
presumptiue
euidences
,
by
which
it
was
discouered
:
Fiftly
,
the
arraignement
,
iudgement
and
execution
.
Of
all
which
considerations
,
seuerally
I
meane
to
relate
,
in
their
seuerall
orders
,
according
to
that
intelligence
which
I
haue
receaued
from
credible
Persons
,
ingaged
in
their
triall
.
And
first
concerning
the
Person
murthered
;
he
was
a
Leuite
,
consecrated
vnto
the
Lord
to
doe
him
seruice
in
the
Tabernacle
of
his
Congregation
;
one
that
had
many
yeares
since
put
on
the
Brest
plate
of
Vrim
and
Thummim
,
and
girded
himselfe
with
the
Linnen
Ephod
;
concerning
which
sort
of
people
,
the
Lord
doth
giue
this
Iniunction
&
chrarge
by
the
pen
of
a
ready
writer
,
by
the
mouth
of
that
Kingly
Prophet
Dauid
.
Touch
not
mine
Annointed
,
nor
do
my
Prophets
any
harme
.
Before
he
had
taken
this
sacred
order
of
Priesthood
vpon
him
,
he
had
spent
some
of
his
younger
yeares
in
the
vniuersity
of
Oxford
,
being
a
student
of
Maudlin
Colledge
,
where
he
proceeded
Bachelour
of
Arts
,
with
good
approbation
and
allow
ance
of
his
superioures
:
His
morall
conuersation
(
both
there
and
in
the
Countrey
)
was
honest
and
laudable
;
onely
some
aspersions
were
laid
vpon
him
,
by
the
knowne
report
of
this
malicious
Company
;
who
first
did
seeke
to
murther
his
good
name
,
before
they
murthered
and
tooke
away
his
life
.
From
hence
sprang
this
occasion
:
His
wife
(
being
a
feeble
,
sickly
and
weake
woman
)
went
to
gather
Limpets
,
(
a
kind
of
shell-fish
which
sticks
vpon
the
Rockes
in
that
Seuearne
or
midland
sea
,
deuiding
England
from
Wales
)
and
by
an
vnfortunate
chance
fel
from
the
precipice
of
the
Rockes
into
the
water
,
and
there
vpon
the
suddaine
perished
;
her
husband
being
vpon
the
strand
also
,
but
a
good
distance
remou'd
from
her
,
as
being
imployed
in
fishing
at
another
place
,
so
that
he
could
not
come
to
her
succour
in
time
.
Presently
vpon
this
accident
,
the
poison
of
Asps
which
was
vnder
his
enemies
lips
broake
forth
into
the
running
issue
of
a
false
report
,
and
they
noysed
it
euery
where
among
the
Vulgar
,
that
Mr.
Trat
had
kil'd
his
Wife
,
and
cast
her
ouer
the
Rockes
into
the
sea
.
But
this
calumniation
comming
to
the
examination
of
the
Iustices
of
that
diuision
,
it
was
found
to
bee
counterfet
by
the
tuchstone
,
and
he
was
clear'd
without
any
further
triall
,
and
his
Enemies
departed
with
shame
and
rebuke
.
Another
scandall
which
was
layd
vppon
him
was
this
:
he
being
by
them
inuited
vnto
supper
,
came
according
to
appointment
;
where
these
Plowers
(
according
to
the
phrase
of
the
Psalmist
)
plowed
vpon
his
hacke
and
made
large
surrowes
vpon
him
.
for
one
of
their
Creatures
,
as
it
appeared
afterwards
,
tooke
vp
the
Ministers
Gowne
and
put
it
on
;
in
which
counterfeit
habit
,
(
it
being
now
darke
night
)
he
goes
forth
and
meetes
with
a
Countrie
Woman
,
vnto
whom
he
offers
some
violence
and
vnciuill
behauiour
.
She
gessing
by
the
outside
coniecture
that
it
was
Mr.
Trat
;
spreads
this
attempt
abroad
to
his
infamy
and
disgrace
:
Which
comming
to
his
eares
,
he
seekes
to
vindicate
his
reputation
,
and
cals
the
Actors
of
this
plot
into
question
,
who
were
found
to
be
guilty
of
the
fact
,
&
were
punished
by
the
censure
&
sentence
of
the
Court
.
Neither
were
his
morall
parts
onely
commendable
,
but
his
Ministeriall
also
were
aunswerable
:
For
although
he
was
none
of
the
greatest
Clarks
,
as
they
say
,
yet
was
he
not
a
dumbe
Pastor
,
but
like
a
true
Bonarges
,
did
thunder
and
crye
out
in
his
Sermons
against
the
vices
of
his
Parish
:
The
freedome
whereof
,
together
with
some
particular
aplications
vnto
yong
Smithwicke
,
was
thought
to
be
one
of
the
cheifest
causes
which
hastened
,
this
hainous
and
vnheard
of
Murther
.
And
thus
much
for
the
quality
of
the
person
murthered
.
The
Persons
murthering
who
suffered
for
the
fact
,
were
foure
in
number
:
Young
Peter
Smithwicke
,
Andrew
Baker
,
Cirill
Austen
,
and
Alice
Walker
:
Which
Persons
although
they
were
not
blemish'd
before
the
committing
of
this
fact
with
the
scandall
of
any
notorious
crimes
,
in
the
course
of
their
former
life
and
conuersation
,
yet
were
they
not
free
from
the
suspition
of
some
faults
,
whereof
youth
by
nature
,
and
age
by
custome
is
too
too
guilty
and
capacious
.
But
old
Peter
Smithwicke
who
is
not
yet
come
to
his
tryall
,
but
remaines
a
prisoner
in
the
Gaole
at
Iuelchester
,
was
reputed
by
all
men
before
the
suspition
of
this
cruell
assassination
,
to
be
a
man
of
a
most
faire
,
gentle
and
well
ballanced
conuersation
,
so
that
if
he
should
be
guiltie
of
this
crime
,
as
the
most
iudicious
iudgements
doubt
,
although
the
vulgar
people
and
his
friends
thinke
the
contrary
,
it
may
be
said
of
him
,
which
was
said
of
another
in
the
same
kinde
,
Cucullus
non
facit
Monachum
,
it
is
not
the
outside
shewe
or
shadow
,
which
makes
the
inward
sanctimony
and
integrity
.
And
thus
much
for
the
persons
murthering
:
In
the
next
place
follows
the
consideration
of
those
motiues
which
did
incite
these
men
to
imbrue
their
hands
in
the
blood
of
the
Innocent
,
and
these
were
supposed
to
be
three
in
number
:
The
first
was
Mr.
Trats
libertie
of
speech
in
his
vsuall
and
publicke
rebuking
of
some
of
that
society
,
of
some
suspected
passages
of
sinne
whereunto
they
were
thought
to
be
ouer-weaningly
addicted
and
accustom'd
.
The
next
was
the
vindication
of
that
reproach
and
infamie
which
they
suffered
by
offring
violence
vnto
an
honest
woman
in
the
counterfeite
Larua
or
image
of
Trat
.
But
the
last
motiue
which
was
not
the
least
,
but
the
chiefest
of
all
from
whence
this
current
of
Meribah
,
the
first
streame
of
this
malice
did
proceed
was
this
:
Mr.
Brigandine
of
Quantockes-head
in
the
said
County
of
Sumerset
,
being
Incumbent
ouer
the
Parsonage
of
Quantockes-head
,
and
ouer
the
Viccaradge
of
old
Cleeue
,
where
this
innocent
man
now
murthered
was
his
Curate
for
a
good
season
,
took
a
resolution
to
resigne
his
Incumbencie
of
Old
Cleeue
vnto
his
Curate
,
who
before
had
bought
the
Patronage
of
it
from
him
,
vpon
conditions
of
a
fitting
value
and
consideration
.
With
this
young
Smithwicke
and
his
father
were
much
distasted
,
as
hauing
held
that
Viccaradge
of
Cleaue
from
Mr.
Brigandine
who
married
old
Mr.
Smithwickes
mother
,
at
an
vnder-valued
rate
and
rente
,
by
which
meanes
a
good
annuall
profit
did
accrue
to
his
purse
,
of
which
reuenue
by
this
new
Contracte
he
was
like
to
be
put
off
and
defrauded
as
he
gaue
out
,
for
that
he
pretented
apromise
from
his
father
in
Law
Brigandine
to
the
contrarie
,
confirmed
vnto
him
many
yeares
since
by
the
mediation
of
his
mother
.
And
his
son
Peter
thought
himselfe
wrong'd
in
his
case
also
,
and
that
he
was
a
fellow
sufferer
with
his
father
in
this
calamity
,
because
that
Mr.
Brigandine
his
grand-father
by
marriage
,
had
promised
him
as
he
said
,
the
perpetuall
donation
and
Patronage
of
this
liuing
.
Hence
sprung
the
chiefest
flame
of
that
malice
,
which
from
the
small
sparkes
of
meane
or
false
suppositions
caus'd
such
combustion
in
the
household
of
Mr.
Smithwicke
to
the
vtter
ruine
of
their
credits
,
estates
,
and
liues
,
and
to
the
finall
perill
of
their
soules
,
they
dying
to
the
worlds
esteeme
obstinate
and
vn-repenting
sinners
,
without
acknowledging
their
guiltinesse
in
the
facte
whereof
they
were
so
plainely
guilty
by
the
coniecture
of
all
outward
proofes
and
circumstances
.
But
from
hence
let
vs
descend
vnto
the
manner
of
it
,
which
was
most
tragicall
,
horrid
,
and
inhumane
,
wanting
an
imitable
president
and
example
,
euen
amongst
the
verie
Pagans
and
Infidels
.
So
that
Quis
talia
fando
Mirmidonum
dolopumue
,
aut
duri
miles
Vlissis
Temperet
á
lachrimis
?
What
heart
can
be
so
inhumanely
inhumane
and
obduratly
hardned
,
which
would
not
sigh
at
the
very
repetition
of
it
,
and
yearne
at
the
remembrance
of
this
cruell
and
scarlet
colourd
Assassination
?
for
these
blood-suckers
hauing
murthered
this
harmelesse
Leuite
Mr.
Trat
,
vppon
the
Wednesday
next
after
Midsommer
day
in
the
yeare
of
our
Lord
God
1623.
iourneying
from
his
owne
house
to
his
mothers
,
whether
he
went
to
furnish
his
necessities
with
some
mony
,
they
brought
him
backe
the
next
night
thus
murthered
as
he
was
,
with
two
mortall
wounds
in
the
brest
into
his
owne
dwelling
house
againe
,
where
he
liu'd
solitarie
and
alone
.
There
these
Butchers
with
their
hands
already
smoaking
in
his
blood
,
did
cut
vp
his
carkeise
,
vnbowell
and
quarter
it
;
then
did
they
burne
his
head
and
priuy
members
,
parboile
his
flesh
and
salt
it
vp
;
that
so
the
sodaine
stincke
and
putrefaction
being
hindred
,
the
murtherers
might
the
longer
be
free
from
discouerie
.
Master
Trat
hauing
now
beene
mist
fortnight
and
a
day
,
and
there
being
a
great
stench
smelt
from
his
house
by
the
neighbour-hood
,
which
now
beganne
to
be
noisome
notwithstanding
the
drying
force
and
operation
of
the
salt
,
by
the
direction
and
aduice
of
the
next
Officers
,
they
broke
vp
the
doores
,
and
gained
their
passage
in
:
where
hauing
made
a
diligent
search
and
inquirie
,
they
finde
his
foresaid
bodie
all
sauing
the
head
and
members
disposed
in
this
manner
and
forme
following
.
His
armes
,
legges
,
thighes
,
and
bowels
were
powdred
vp
into
two
earthen
steenes
or
pots
in
a
lower
roome
of
the
house
,
close
adioyning
vnto
the
wall
,
the
bulke
of
his
carkeise
was
plac'd
in
a
fatte
or
tubbe
,
couered
ouer
with
a
cloath
in
a
chamber
ouer
head
,
all
which
membres
thus
disseuerd
were
so
artificially
ioynted
,
laid
and
handled
,
that
if
these
deuils
had
beene
Butchers
they
could
not
haue
done
it
more
orderly
and
cunningly
.
Besides
this
nere
vnto
this
feareful
spectacle
there
was
an
old
green
suite
found
belonging
as
it
is
likely
vnto
one
of
the
Actors
of
this
murther
which
afterwards
was
carried
about
to
the
next
market
townes
&
cryed
publikely
,
but
yet
as
yet
it
could
neuer
finde
out
an
owner
or
a
master
.
This
Murther
being
euident
in
the
fact
and
haynousnes
thereof
,
though
doubtfull
in
the
person
,
because
his
head
and
members
could
not
be
found
,
they
presently
giue
notice
vnto
Mr.
Thomas
Windham
of
St.
Decoombes
,
vnto
Master
Cuffe
of
Creetch
,
Iustices
of
Peace
in
the
said
County
,
who
with
Mr.
Iohn
Westcombe
of
Haulse
,
Coroner
for
the
King
,
came
vpon
their
first
summons
,
and
taking
view
of
this
strange
and
amazing
obiect
,
they
were
much
perplext
,
and
troubled
in
their
mindes
,
not
knowing
what
to
thinke
at
first
,
in
a
matter
so
strange
and
vnheard
of
for
the
example
.
Yet
collecting
their
spirits
from
doubtfulnes
and
confusion
,
vnto
that
course
which
the
necessity
of
the
cause
did
impose
vpon
them
,
they
proceeded
from
thence
vnto
examination
of
some
of
the
neighbours
in
that
Parish
:
the
Intelligence
of
whose
report
might
giue
their
eyes
some
informing
light
in
the
mysterie
of
this
businesse
.
Those
examinates
make
it
knowne
vnto
them
,
that
in
all
likelihood
it
was
Mr.
Trat
their
olde
Curate
that
was
murthered
,
there
being
one
of
his
fingers
knowne
by
a
secret
marke
vnto
them
,
and
besides
,
there
was
a
knowne
quarrell
betweene
Mr.
Smethwickes
company
and
him
,
in
respect
of
the
causes
before
premised
,
which
gaue
some
cause
of
suspition
vnto
them
,
and
that
Alice
Walker
besides
,
seruant
vnto
olde
M.
Smethwick
,
had
before
told
some
of
these
Informers
,
that
if
the
Parson
did
not
come
home
the
sooner
,
his
powdred
Beefe
would
stinke
before
his
comming
.
These
presumptions
drew
her
first
of
all
vnto
question
and
examination
before
the
Iustices
,
who
were
very
sincere
and
carefull
in
the
finding
out
of
this
murderous
and
Butcherly
plot
.
She
being
tax'd
,
stoode
vpon
the
deniall
,
but
there
being
great
presumptions
of
her
guiltinesse
,
she
was
committed
vnto
prison
.
Olde
M.
Smethwick
vpon
this
,
seeing
his
seruant
imprison'd
,
his
sonne
suspected
,
and
himselfe
something
blemisht
,
protests
openly
concerning
their
Innocencie
,
and
his
aduersaries
malice
,
offers
large
Bayle
for
his
Maide
,
sends
(
as
he
noisd
it
amongst
the
vulgar
)
for
his
absent
&
innocent
sonne
to
London
,
and
rides
in
a
progresse
of
Inquest
after
Trat
,
whom
he
thought
to
be
the
murtherer
of
this
vnknowne
person
,
and
not
the
person
that
was
murthered
by
him
or
any
of
his
company
.
To
make
this
good
,
vpon
that
day
when
Trat
was
thus
massacred
,
there
was
one
that
in
his
habite
and
cloake
vsurp'd
his
name
,
and
came
to
Iohn
Foards
house
of
Taunton
the
Bowyer
,
a
man
who
had
seene
Trat
,
but
did
scarce
know
him
,
or
now
remember
him
,
and
tolde
him
that
he
was
M.
Trat
,
the
Curate
of
olde
Cleeue
,
and
passed
vnder
that
name
there
;
The
like
he
did
at
Illmister
,
&
at
Parson
Sacheuerells
,
a
Minister
,
benefiz'd
neere
Blanford
in
Dorset-shire
,
who
had
beene
formerly
and
familiarly
acquainted
with
Trat
in
Oxford
,
though
now
by
meanes
of
their
long
absence
,
this
counterfet
did
presume
that
hee
had
forgotten
him
,
and
for
this
consideration
,
was
confident
,
that
being
habituated
thus
like
Trat
,
and
countenanced
alike
besides
,
he
might
therefore
with
more
facility
impose
vpon
the
credulous
ignorance
of
Sacheuerell
.
To
farther
this
proiect
,
which
might
free
Smethwicke
and
his
houshold
from
all
suspition
,
and
lay
the
guilt
of
the
murther
vpon
the
murdred
;
this
Impostour
calling
at
his
pretended
friends
house
in
the
daske
of
the
Euening
,
tolde
him
,
that
hee
was
his
olde
friend
Trat
,
which
now
after
many
yeares
was
come
to
see
him
.
The
other
being
deceiued
with
the
night
,
his
boldnesse
and
habite
,
beleeues
his
wordes
,
and
desires
him
to
alight
,
but
hee
refuseth
it
,
alleadging
that
hee
could
not
doe
it
with
any
personall
safetie
:
And
for
reason
sayd
the
other
;
because
quoth
the
Counterfeit
,
I
haue
stabd
a
man
in
my
house
where
I
liue
,
of
whose
life
I
am
doubtfull
;
and
that
vpon
this
occasion
comming
from
Dunster
a
small
market
Towne
in
the
North-east
part
of
Summersetshire
,
I
met
with
one
,
newly
as
hee
told
me
,
came
out
of
Ireland
,
who
begging
something
of
me
,
I
gaue
him
two
pence
,
lodged
him
in
my
owne
house
,
gaue
him
his
supper
and
his
breake-fast
in
the
morning
,
but
crossing
himselfe
superstitiously
,
as
I
thought
,
with
the
signe
of
the
crosse
before
his
mornings
meale
,
I
taxt
him
for
it
:
who
seeking
to
maintaine
his
cause
by
argument
,
we
fell
from
words
to
blowes
,
and
in
the
Combat
,
I
doubt
that
with
a
stabbe
of
my
knife
,
I
haue
kild
him
,
and
so
being
ingaged
in
this
danger
,
I
can
stay
no
longer
with
you
,
but
must
flie
;
Sacheuerel
wisht
him
to
retire
himselfe
home
again
since
hee
was
not
certaine
,
or
well
assured
of
this
strangers
death
,
and
that
by
Chirurgery
and
speedy
meanes
of
reliefe
,
the
wounded
person
might
againe
recouer
his
former
health
and
vigour
.
Old
Smithwicke
beeing
thought
to
be
conscious
of
all
these
counterfeit
false
designes
,
as
diuerse
men
now
thinke
and
suspect
,
hee
pursues
the
inquest
of
this
false
Trat
,
enquires
for
him
at
Foordes
the
Bowyers
his
first
place
of
arriuall
:
who
told
Master
Smithwicke
,
that
such
a
man
was
there
,
but
departed
thence
to
Illmister
as
hee
thought
,
because
hee
inquired
the
way
thither
of
him
.
The
other
followes
him
by
his
tracke
vnto
the
Towne
of
Illmister
,
and
from
thence
vnto
Sacheuerels
house
in
Dorsetshire
,
there
inquiring
for
him
of
the
Parson
he
was
told
by
him
that
Mr.
Trat
was
there
,
but
would
not
a
light
nor
stay
with
him
any
time
,
because
hee
had
stabd
a
man
in
his
owne
house
,
(
as
he
sayd
)
of
whose
safety
hee
was
very
doubtfull
,
and
suspitious
.
The
persons
accused
,
beeing
armed
with
these
glozes
and
pretences
,
faire
seeming
to
the
eyes
of
rash
speculation
and
beholding
,
condemne
Mr.
Windham
and
Mr.
Cuffe
of
Iniustice
,
protest
of
their
wrongs
before
Mr.
Sims
,
and
Mr.
Brureton
,
two
other
Iustices
of
that
County
,
and
desired
them
in
the
Kings
behalfe
to
take
the
examination
of
old
Foorde
,
and
others
of
his
Houshold
concerning
Mr.
Trat
,
whether
hee
were
there
vppon
such
a
day
or
no
in
his
house
with
him
,
how
long
he
stayd
,
and
whether
as
he
thought
from
thence
hee
departed
.
And
they
required
and
requested
them
besides
to
vse
their
best
meanes
and
authority
vnto
the
Iustices
of
Peace
in
Dorsetshire
,
that
Mr.
Sacheuerell
might
be
examined
vppon
the
same
Interrogatories
also
.
But
all
these
faire
pretences
proued
at
the
Tryall
but
Clouds
of
cunning
,
and
mists
of
knauery
for
Foorde
,
his
man
,
and
Sacheuerell
being
prest
vnto
it
,
first
by
the
Iustices
,
and
after
by
my
Lord
Tanfield
,
Lord
chiefe
Baron
of
the
Exchequer
,
would
not
take
their
oathes
,
nor
at
last
giue
assurance
by
their
words
that
this
person
was
that
Trat
indeede
,
although
they
confessed
themselues
in
respect
of
the
forged
premises
very
doubtfull
of
it
at
first
.
These
passages
made
pregnantly
against
those
persons
,
who
haue
suffered
for
the
murder
,
and
giue
great
presumptions
against
old
Smithwick
,
whose
tryal
is
deferred
till
the
next
Assize
of
that
County
.
Those
other
proofes
which
gaue
most
euidence
against
them
,
may
be
reduced
vnto
two
kinds
,
vnto
generall
ones
,
which
did
concerne
them
al
in
general
,
or
perticular
ones
,
which
did
concerne
euery
one
of
them
seuerally
by
himselfe
.
The
proofes
generall
against
them
were
these
:
First
of
all
the
personall
counterfeiting
of
Mr.
Trat
:
2
The
raines
of
Trats
bridle
,
knowne
by
his
brother
,
and
found
at
Smithwicks
house
all
bloody
,
his
horse
vpon
which
he
rod
forth
,
beeing
neuer
heard
off
till
this
day
:
3
The
finding
of
diuerse
peeces
of
the
skull
and
necke-bone
,
with
some
teeth
on
Smithwicks
harth
,
answerable
vnto
those
which
were
found
in
Trats
owne
house
:
It
beeing
thought
by
the
Iudge
and
Iurours
that
his
head
was
first
burned
at
Smithwicks
,
and
after
that
the
bones
and
teeth
were
carried
vnto
Trats
,
all
sauing
those
fragments
,
which
God
would
haue
for
the
further
manifestation
of
the
truth
,
concealed
one
the
foresayd
harth
,
vntill
they
were
found
out
by
the
industrions
care
and
search
of
Mr.
Cuffe
,
and
Mr.
Windham
:
The
proofes
perticular
were
different
against
diuerse
of
them
.
Young
Peter
Smithwicke
had
often
threatned
to
cut
him
in
peeces
,
to
kill
him
,
and
to
shew
him
such
a
tricke
as
was
neuer
heard
off
in
Summerset
shire
;
and
besides
riding
to
London
a
little
before
the
fact
,
for
he
was
not
prepresent
at
it
except
it
were
by
suggestion
,
he
wisheth
a
friend
of
his
with
whom
he
encountred
withall
to
take
notice
that
he
was
in
London
vpon
such
a
day
,
vppon
which
the
murder
was
afterwards
knowne
to
be
committed
.
Those
against
Alice
Walker
being
a
mayd-seruant
vnto
Smithwicke
,
were
these
:
She
threatned
him
and
gaue
it
out
that
if
the
Priest
had
come
to
the
last
Dunster
Faire
,
hee
should
haue
beene
cut
as
small
as
hearbs
to
the
pot
by
her
Country-men
the
Welch-men
.
Againe
,
after
the
murder
was
committed
,
but
not
detected
,
she
gaue
it
out
,
that
if
hee
did
not
come
home
the
sooner
,
his
powdred
Beefe
would
stinke
,
as
after
that
his
powdred
flesh
did
indeede
very
shortly
.
But
this
horrible
assassination
being
detected
,
and
she
not
suspected
,
she
came
out
of
the
guilty
burthen
of
her
own
conscience
vnto
one
of
her
neighbours
,
and
taxt
her
for
accusing
of
her
,
concerning
Mr.
Trats
death
,
who
protested
vnto
her
that
,
which
shee
afterward
made
good
vnto
the
Iustices
that
she
neuer
spake
it
in
her
life
time
,
nor
at
that
present
so
much
as
thought
it
.
The
presumptions
against
Andrew
Baker
were
these
His
vsuall
conuersation
and
familiarity
at
Smithwicks
house
,
his
voluntary
throwing
downe
of
a
pot
of
stinking
blood
,
supposed
to
be
Trats
which
was
hidde
behind
Rue
and
other
strong
smelling
hearbs
at
Mr.
Smithwicks
;
which
pot
he
was
commanded
to
take
out
very
carefully
,
by
the
Iustices
then
present
.
And
last
of
all
his
vsuall
crying
and
calling
out
in
his
sleepe
,
let
vs
flye
Mr.
Peter
,
let
vs
away
or
else
wee
shall
bee
all
vndone
and
hanged
.
That
which
made
against
Cirill
Austin
was
this
:
After
this
murder
was
committed
,
hee
comes
to
Woollauington
a
Parish
twelue
miles
distant
from
old
Cleeue
,
and
gets
entertainment
as
a
day
Laborer
amongst
the
neighbor-hood
.
Being
there
at
worke
,
amongst
other
of
his
fellowes
,
there
was
one
brought
word
of
this
most
cruell
Butchery
from
Bridgewater
,
but
reported
withall
that
the
manner
of
it
was
not
yet
well
and
fully
knowne
:
What
sayes
Austin
,
I
can
tell
you
it
was
thus
and
thus
,
and
relates
all
the
perticulars
of
it
,
for
who
could
relate
it
better
,
then
he
that
did
commit
it
:
Besides
he
had
about
him
a
bloody
napkin
,
which
beeing
without
question
imbrued
in
the
blood
of
the
innocent
,
hee
pluckes
this
goared
as
it
was
out
of
his
pocket
,
to
wipe
his
face
withall
.
There
being
a
Mayd
present
,
demands
of
him
,
why
he
did
not
wash
his
handkercheefe
,
and
by
what
meanes
it
became
so
bloudy
.
He
makes
her
no
direct
answere
;
but
presently
teares
it
in
two
peeces
:
and
buryes
thē
with
trampling
in
the
durt
.
Vpon
this
Austin
growes
suspitious
amongst
the
neighbourhood
,
and
flyes
withall
vpon
the
iealousie
of
there
suspition
,
&
his
owne
guiltinesse
,
which
they
aprehending
,
informe
Master
Cuffe
of
Creech
,
of
all
these
passages
;
who
hunts
after
him
with
hue
and
cry
,
but
could
not
aprehend
him
,
but
though
he
ran
like
Cain
from
the
presence
of
man
,
yet
marke
how
the
finger
of
God
doth
fasten
on
him
,
for
flying
into
Wiltshire
,
he
comes
vnto
one
master
Longs
a
Iustice
of
Peace
in
that
County
,
&
beggs
some
releife
at
the
doore
,
of
a
young
Gentlewoman
,
borne
neere
vnto
him
,
&
that
had
heard
of
this
Austins
attainture
,
which
he
did
vnder
the
name
of
Ciril
Austine
.
She
informes
Mr.
Long
of
it
,
he
stayes
this
suspected
person
and
draws
him
into
examination
concerning
the
murder
commited
at
Cleeue
,
and
those
passages
deliuerd
at
Woollauington
by
him
,
of
which
Mr.
Long
had
heard
at
large
by
others
.
Austine
stands
vpon
the
deniall
,
and
Mr.
Long
commits
him
vpon
this
to
the
Gaole
;
where
he
agrauats
the
suspition
by
another
circumstance
,
for
being
visited
by
some
acquaintance
in
prison
,
he
tels
thē
vpon
an
occasion
of
paying
for
the
reckoning
,
that
he
wanted
no
monies
,
and
if
he
did
,
others
there
were
that
should
smoak
for
it
:
which
words
were
thought
to
be
ment
of
young
Smithwicke
considering
the
reasons
before
premised
.
And
thus
much
be
spoken
of
those
presumptiue
euidences
which
in
general
or
particular
did
make
against
these
men
.
In
the
last
place
followes
their
Arraignement
,
Inditement
&
Execution
,
for
the
cleerer
expresion
whereof
,
you
must
conceaue
thus
much
:
that
this
murder
being
commited
in
the
yeare
of
our
Lord
God
1623.
the
morow
after
Midsomer
day
,
my
Lord
Cheefe
Barron
Tanfeild
,
deferd
the
Tryall
of
it
vntil
these
last
summer
Assizes
1624.
But
then
the
truth
by
time
growing
more
perspicuous
,
for
Veritas
Temporis
Filia
,
and
young
Peter
Smithwicke
by
the
working
power
of
Gods
prouidence
being
com
in
,
and
Ciril
Austine
being
aprehended
in
Wilshire
,
to
satisfie
the
longing
expectation
of
all
men
,
whose
eyes
were
fastned
vpon
the
issue
of
this
matter
,
he
proceeds
vnto
the
Tryall
in
a
direct
and
most
iuditious
maner
:
for
hauing
perused
their
seuerall
examinations
,
to
auoyd
all
partiallity
which
consanguinity
or
acquaintance
might
impose
,
his
Lordshippe
alters
the
whole
body
of
the
Grand
Iury
,
which
were
for
the
most
part
of
the
Westerne
parts
of
Summerset-shire
;
and
therefore
in
likely-hood
of
most
knowne
acquaintance
vnto
Maister
Smithwick
who
sometimes
had
beene
a
Grand
Iury
man
himselfe
.
Then
after
the
waightines
of
the
cause
proposed
,
and
charge
giuen
with
great
sufficiency
,
and
Integrity
,
the
Grand
Iury
was
dismist
and
commanded
to
their
charge
,
who
afrer
a
tedious
ballancing
of
the
Euidence
,
and
a
mature
pondring
of
those
proofes
which
were
alleadged
in
the
bill
of
inditement
,
find
young
Peter
Smithwick
,
Andrew
Baker
,
Ciril
Austin
,
and
Alice
Walker
guilty
of
Mr.
Trats
murder
,
but
finde
an
ignoramus
of
old
Mr.
Smithwicks
bill
,
who
was
recommitted
vnto
the
Gayle
of
Ilchester
,
to
the
intent
that
time
might
produce
stronger
proofes
against
him
,
which
I
could
wish
with
diuers
other
men
,
might
faile
in
his
behalfe
.
The
Petty
Iury
concurs
with
thē
in
Verdite
,
&
there
were
found
guilty
of
this
horrible
&
haynous
assassination
,
young
Peter
Smithwick
,
Andrew
Baker
,
Ciril
Austin
,
and
Alice
Walker
,
vpon
this
my
L.
chiefe
Baron
proceeds
to
their
iudgment
,
and
passing
the
sentence
of
death
vpon
them
,
he
giues
them
godly
admonitions
to
confesse
the
murder
,
plaine
enough
by
the
proofes
and
evidence
,
and
by
this
meanes
to
giue
God
and
the
World
publike
satisfaction
.
But
they
standing
stiffe
vpon
the
negatiue
,
and
their
owne
pretended
innocency
,
they
are
sent
backe
from
the
Court
,
vnto
the
warde
againe
,
where
they
were
visited
by
Dr
:
Goodwin
,
Dr.
Slater
,
Mr.
Morley
,
Mr.
Vaughan
,
and
other
worthy
Ministers
,
who
with
al
zeale
did
exhort
them
to
cleare
their
consciences
,
and
confesse
their
faults
with
true
Repentance
.
But
all
these
wholsome
admonitions
,
proued
but
seede
sowne
in
stony
ground
,
for
it
tooke
no
root
nor
impression
in
them
;
onely
Alice
Walker
told
Mr.
Morley
,
who
required
her
to
confesse
the
truth
,
and
demanded
of
her
whether
or
no
they
had
obliged
themselues
by
oath
or
vow
vnto
the
contrary
;
she
I
say
,
then
tels
him
that
he
in
that
spake
somwhat
to
the
purpose
,
and
desires
a
farther
conference
with
him
in
the
morning
.
He
charitably
comes
vnto
her
,
and
pressing
her
vpon
her
former
words
,
desices
this
Alice
in
the
bowels
of
our
Sauiour
to
confesse
her
fault
,
notwithstanding
any
wicked
vow
or
protestation
made
by
her
,
or
her
accomplices
,
for
such
vowes
were
not
to
be
obserued
,
but
onely
good
ones
,
and
such
as
were
made
vnto
the
Lord
,
But
the
euill
spirit
workeing
strongly
with
her
,
made
her
insensible
of
these
good
and
godly
motions
:
and
shee
returnes
Vt
cauis
ad
vomitum
,
like
a
dogge
vnto
the
auntient
vomit
of
her
stubbornnesse
and
deniall
.
On
Friday
being
the
25.
day
of
Iuly
,
they
were
conueyed
from
the
Towne
of
Taunton
vnto
Stoane
Gallows
about
eleven
of
the
clocke
in
the
forenoone
where
notwithstanding
all
the
perswasions
vsed
by
some
of
the
aforesaid
Diuines
,
they
suffered
by
the
hand
of
Iustice
,
dyed
obstinate
and
vnrepenting
sinners
.
The
causes
wherfore
they
would
not
confesse
were
thought
to
be
these
,
First
the
obligation
of
their
vow
.
2
the
conceiued
feare
of
a
more
terrible
punishment
.
3
the
hope
of
impunity
,
or
a
repriuall
at
the
last
,
since
as
they
thought
the
proofes
were
not
sufficient
against
them
.
Concerning
this
euent
mens
coniectures
were
diuers
:
for
those
who
were
alied
vnto
them
,
ether
in
consanguinity
,
or
acquaintance
,
were
of
partiall
iudgment
in
their
behalfes
,
and
thought
them
innocent
;
because
they
protested
their
innocency
at
their
deaths
,
others
whose
iudgements
were
more
sincere
,
&
curious
considering
those
pregnant
proofes
which
made
against
them
,
thought
them
iustly
punisht
by
the
censure
and
iudgment
of
the
Court
.
The
golden
vse
which
we
may
gather
from
this
blacke
and
bloody
president
is
this
.
That
we
should
not
giue
the
raines
vnto
anger
,
for
feare
it
giues
the
raines
and
Law
to
vs
;
and
though
wrongs
either
true
or
supposed
may
giue
prouocation
,
yet
we
should
consider
withall
that
Plus
nocitura
est
ira
quam
iniuria
,
that
anger
may
hurt
vs
more
then
the
iniury
,
drawing
vs
many
time
(
sexcept
we
preuent
it
with
wisdom
&
discretion
)
from
wrath
to
malice
from
malice
to
reueng
,
from
reuenge
to
murder
.
And
therfore
I
wil
conclude
this
sad
discourse
with
the
poets
wholsome
saying
.
Ira
furor
brents
est
animum
rege
qui
nisi
paret
Imperat
hunc
franis
hunc
tu
compeste
cateris
.