The crying Murther: Contayning the cruell and most horrible Butchery of Mr. TRAT, Curate of olde Cleaue; who was first murthered as he trauailed vpon the high way, then was brought home to his house and there was quartered and imboweld: his quarters and bowels being afterwards perboyld and salted vp, in a most strange and fearefull manner. For this fact the Iudgement of my Lord chiefe Baron TANFIELD, young Peter Smethwicke, An­drew Baker, Cyrill Austen, and Alice Walker, were executed this last Summer Assizes, the 24. of Iuly, at Stone Gallowes, neere Taunton in Summerset-shire.

[Woodcut illustration of the murder, dismemberment and disembowelling of a victim by three male perpetrators, while a woman salts a cooking pot in which to boil the body parts.]

AT LONDON: Printed by Edw: Allde for Nathaniell Butter. 1624.

TO THE TRVLY HO­NORABLE SIR LAWRENCE TANFIELD Knight, Lord chiefe Baron of his Maiesties Court of Exchequer, and one of his Iustices of Assize in the County of Summerset, and to all the Iustices of Peace in the same County, C. W. wisheth that happinesse which he him­selfe desireth.

TRuly Honourable, and Right Worshipfull, to you in duty this Dedication doth belong, who stand like Lyons about the Throne of our Salomon, to maintaine the Subiect in peace, and defend the Innocent from cruelty and oppression. Some of your cares and wisedomes haue detected a most cruell murther and conspi­racie, and vindicated besides the honour of the Clergie from those scandals, which were shot from the sling of those Assassines, intentiuely a­gainst Mr. Tratte, but consequently against all that sacred and super-eminent profession. Conti­nue these good endeuours, & let the Sun-setting of your fauours, be like vnto their Sunne rising [Page] and Meridian, that vnder your protection and defence, the word of God, and the sword of Iu­stice may worke together within the circuite of that flourishing County with perpetuall harmo­nie, vnity, and agreement. Neuer was there more cause for the distressed Leuite to implore the help of the Princes of the people then now: The Aaro­nicall & once budding rod of his Authority, be­ing almost broken in peeces. His linnen Ephod being rent in sunder, and his sanctified brestplate of Vrim and Thummim, being pierced thorow with the malicious eiaculations of knowne ad­uersaries, or the secret wounds of luke-warme professours and temporarie back-sliders. You are his Maiesties Deputies and Vicegerents; let his Character be your patterne, & let the irradiation of his example enlighten & leade you to the pro­tection of the Clergy; and esteeme those wrongs done vnto them to be by so much the more of an offensiue nature and condition, by how much that most high and celestiall calling is lifted vp aboue the ordinary masse & multitude of man­kinde. Thus desiring your Lordship & their Wor­ships best cōstructions, & crauing pardon for my boldnes in this my Dedication, I leaue and rest

Your Lordship and their Worships humble Suppliant, C. W.

To the Reader.

GEntle Reader, whether of the Cler­gie or Laity, of the Priesthood or people. Thou seest here a spectacle represented vnto thy view, horrid and bloody beyond all comparison, and scarce to be paralleld, except it be by the very Canibals and men-eating Tartars, people deuoide of all Christianity and humanity. The hay­nousnesse of which fact was agrauated, and more terri­bliz'd in the Iudgement of all men, by considering the quality and profession of the person murdered, and by the suruay of that high relation, which the murtherers had, or at leastwise should haue had vnto him; as being a vessell consecrated to the Lord, and annointed to doe him seruice both in soule and body in the Tabernacle of his congregation. The persons who did act it, made the nature of this Assassination the more haynous, by the consideration of that respectiue duty which they ought vnto him, as being the Sheepe of his Flocke, and mem­bers, though vnworthy of his Parish and spirituall fa­mily. And therefore except it were Regicide and King­killing, [Page] no murther could be more bloudy, and by con­sequence more crying, then that of Mr. Trats, it being parricide in the highest nature and degree. The Au­thour knowes, that there are foure good mothers which breede foure ill daughters: for Security breedes Dan­ger, Familiarity Contempt, Prosperity Pride, & Truth though knowne a knowne Hatred: yet mauger this and any opposition that can bee made against him, hee hath here deliuerd it, truly and sincerely, according to the best informations he could receiue from the Coroner, Iurours, and other worthy persons conscious of all these particulars, which are here related and remonstrated. Thus desiring thy best acceptance, he leaues thee to the following perusall of these Tragicall lines, and for euer rests

Thine if thou be thy owne in iudgement, C. W.

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 [Page] 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?

Quaecun{que} 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 nūber, 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 [Page] 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 [Page] 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, [Page] 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 aplicatiōs 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, [Page] 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 Incumbēt 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 [Page] 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 cōbustion 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, [Page] 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 chāber ouer head, all which mēbres 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 [Page] 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 [Page] 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 [Page] 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 [Page] 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 [Page] 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 [Page] 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 frō 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 [Page] 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 [Page] 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 [Page] 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 animū rege qui nisi paret
Imperat hunc franis hunc tu compeste cateris.

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