C. Atkins. I think it was so, I cannot exactly tell. L. C. J. What day was it, as near as you can? C. Atkins. I cannot say what day it was; it was about seven or eight days in October, as I can remember. L. C. J. You say it was about the time of the Duchess her going over into Holland. C. Atkins. I think so. I cannot positively remember. Sol. Gen. Had you any reward offered to you for killing of a man? C. Atkins. Yes, I had by Child. Then Mr. Bedlow was sworn. Recorder. Pray, sir, will you tell my lord and the jury, whether you were in the room where the body lay, and in what company you saw it? S. Atkins. By whom was the reward to be this gentleman [pointing to captain Atkins] paid? C. Atkins. He did not tell me. Att. Gen. Now, my lord, because it seems a strange thing, that Mr. Atkins, who says he is a Protestant, should be engaged in this business, we have a witness here to prove, that he hath been seen often at Somerset-house at Mass, and so he is a party concerned; for those that are of that party, it was their interest to cut him off. And that is this boy. [Pointing to a boy that was then brought in.] L. C. J. How old are you, child ? Just. Wild. Do you know what, if you swear false, will become of you? Boy. I will not swear false. Bedlow. Your lordship had an account yesterday, how Le Faire came to acquaint me, that such an one was murdered, and at they intended so and so to dispose of the body. When I came to meet him at Somerset-house, I asked him who were to be concerned in carrying him off. He told me, it was a gentleman, one Mr. Atkins. I thought it might have been whom I had known several years since, and so I enquired no further, but remembered he told me so; and when I came into the room, there was a great many there and some of them their faces I did see, I asked a young gentleman whether his name was not Atkins, and he said Yes; then I asked him, if he were Mr. Pepys's clerk. He answered Yes, and added, I have seen you often at my master's house. There was a very little light, and the man was one I was not acquainted with, though I had been often at the house, ut could never meet with him, and yet the man said, he had seen me often there' So that it is hard for me to swear that this is he. And now I am upon one gentleman's life, I would not be guilty of a fals Justice Wild. What, if you do swear false, | hood to take away another's. I do not re will become of you? Boy. I shall be damned. Att. Gen. He is as like to speak truth as ano ther. Att. Gen. Pray hold. My Lord, this is a witness that Mr. Ward brings from below. I have him not in my brief. I desire, before they swear him, that he would give an account whether he knows the prisoner or no. Boy. No I do not. [And so the boy was carried off, with some expressions of Mr. Attorney's displeasure to Mr. Ward for bringing him in.] Recorder. My lord, I perceive it was a mistake; it was some body else. We will proceed to other evidence. Sol. Gen. (Sir Francis Winnington.) We have hitherto gone upon the evidence to prove that Mr. Atkins sought out for a stout man, and when he had found one he thought was for his purpose, he bid him send him to his master. This stout man, Child, would have engaged the other witness in a murder; and it is very probable what that murder was, to wit, the murder of sir Edmundbury Godfrey; for we shall prove that the prisoner was aiding and assisting to carry off the body, And for this we call Mr. Bedlow, VOL. VII. member that he was such a person as the prisoner is; as far as I can remember he had more manly face than he hath, and a beard. a L. C. J. You do well to be cautious, Mr. Bedlow. Justice Wild. Pray, what store of people were there? Bedlow. I believe there were seven or eight. Some there were that I knew. L C. J. Who were those? Bedlow. Le Faire and Praunce. I remember very well, I asked Mr. Atkins this question, are you Mr. Pepys's clerk? He said yes: I have seen you often at my master's house. L. C. J. And that was all the discourse you had with him? Bedlow. Yes, for I was but a very little while there. L. C. J. But you cannot charge the prisoner to be him? Bedlow. I do think he had a more manly face than the prisoner has, and a beard. L. C. J. So you think it rather was not he, than it was he? Bedlow. I cannot say it was he? nor I could not at first. I did not know but it might be some one that did assume his person to put me off. Justice Wild. Mr. Bedlow, pray let me ask you one question. Did you never know of any design to murder Sir E. Godfrey, till Le Faire spoke to you to carry him off? Bedlow. I knew not till I saw him murdered. They told me I should help to carry off the R Recorder. How came you to ask him no other questions, but only whether he were Mr. Pepys's clerk? Bedlow. Because I never heard of any of that name, but he and this gentleman [pointing to captain Atkins], whom I know very well, and I could not tell but it might be he. L. C. J. Here is the thing. Le Faire told him one Atkins should help him to carry the body off; and when he came into the room, that person told him his name was Mr. Atkins, and then he asked if he were Mr. Pepys's clerk for he could not tell but that it was Charles Atkins. Recorder. We have another reason, my lord, for the asking that question. Pray what discourse had you about any commission? Bedlow. I had often been with captain Ford at Mr. Pepys's about his commission, and I had often desired to speak with Mr. Pepys or Mr. Atkins his clerk, but I could never find either of them at home; and therefore when I met that young gentleman there, I asked him whether he were Pepys's man and he said yes. I asked him if he knew me, and he told me yes. I had been often at his master's house with captain Ford, but I had never seen Mr. Atkins. Recorder. What did he tell you besides? Bedlow. That was all the discourse we had. Sol. Gen. Did you ever hear of any other Atkins that lived with Mr. Pepys? Bedlow. No, none at all. And the same testimony I give now, I gave at the first. And my lord, I could not be positive before the lords of the committee, and I cannot be positive now. Att. Gen. Indeed he was never positive at the first. Now, 'my lord, if you please, we will call a witness to prove, that that day, when this was supposed to be done, Mr. Samuel Atkins had bespoke a dinner at Mount Horeb, but he had some other business, and did not come, and lost the price of a good dinner. Pray swear Thomas Walton. [Which was done.] Recorder. Pray, sir, what can you say? Walton. As to the body of the cause, I have nothing to say. I have not seen Mr. Atkins these two years; but there having been some friendship between us, I had a mind to see him, and sent a particular friend to desire him to appoint a meeting. L. C. J. When? Walton. At Mount Horeb. Att. Gen. My lord doth not ask where, but when, at what time? Walton. At two of the clock. Walton. The 12th of October. L. C. J. How come you to remember the day? Walton. I will tell you my reason, my lord. When I heard that this gentleman was in this unhappy affair, I said, How much better had it been for him to have been in my company, that I might have vouched for him? But you [pointing to the prisoner] did appoint, you know, sir, to meet me. And I took cognizance of this affair speaking to a particular friend. L. C. J. How long after this? Walton. When the tidings were, he was taken prisoner. Alt. Gen. A great while agone my lord, L. C. J. How long after sir E. Godfrey was murdered? Att. Gen. About a fortnight. L. C. J. Was there a dinner bespoke? Walton. I bespoke one for him; he knew nothing of it. Att. Gen. Did he appoint to be there that day? Walton. Yes, he did. I think he will not deny it. Att. Gen. Did you send a messenger to him? Walton. Yes, I did. Att. Gen. What answer had you? Walton. He brought me word, he would come at two of the clock to me.' Att. Gen. Did you bespeak the dinner for him, and did you pay for it? Walton. I never gave him any account what was to be for dinner. Att. Gen. But let this evidence go as far as it will. This gentleman had a mind to meet him; sent a messenger to him to meet him. he appointed at two o'clock; and he bespoke a dinner for him, but he came not. Now we use it thus. I desire to know of him, when was the message sent? How long before that day? or was it the day before? Walton. It was a week before. Alt. Gen. What day before? Walton. It was a week before. Att. Gen. Can you remember what day? Walton. I do not, for I had no dissatisfac tion because he did not come. S. Atkins. Will your lordship give me leave to ask him one question? I own, sir, you sent to me by a school-fellow, about a week before, and desired me to appoint a day to meet you, and I appointed this day, and that for this rea son; I knew my master would be then out of town, and so I thought I could conveniently meet you; but it being ten days before, I entirely forgot it; but can prove by several wit nesses where I did dine that day, which I desire may be called. But now, my lord, this gentleman is upon his oath, who is a protestant, and was my school-master, I desire him to declare whether I was bred a protestant, or no ; and whether my friends were so or no? L. C. J. How was he bred, sir? Walton. He was bred up in the protestant religion, my lord. L. C. J. Were his father and mother protestants ? Walton. Yes, my lord, they were so, and I know them very well. S. Atkins, Pray, sir, declare whether I was not only bred a protestant, but whether I was not so also when I left your school? Walton. Yes, my lord, he was always a protestant, and a very zealous one too. L. C. J. There is very much in that. Justice Wild. Where is this Mount Horeb? Recorder. It is in Pudding-lane, at one Mr. Appleby's. L. C. J. Well, have you any thing more, Mr. Attorney? Att. Gen. No, my lord, I have no more to say, till I hear what defence the prisoner makes. L. C. J. Then, Mr. Atkins, you have liberty to defend yourself. S. Atkins. My lord, and Gentlemen of the Jury, I hope I shall in my defence proceed very inoffensively towards God and towards this Court. First, towards God (before whom I am, in whose presence I must appear, and before whom I can protest my innocence as to what is charged upon me), in that I shall declare nothing but what is true: And towards this Court in the next place, because I intend to deliver myself with all the respect and submission to it that becomes a prisoner. My lord, this gentleman, Mr. Atkins who hath brought this accusation against me, is a man whom I have kept from perishing, I suppose he will own it himself; I petitioned, solicited for him, and was instrumental in getting him out of prison, for a fact which I shall by and by tell you. And though this, my lord, may seem against me, yet by and by L. C. J. Hold, you mistake, Mr. Atkins, he does you no mischief at all, for he saith no more than that he hath been discoursing with you about the plot, and you said sir Edmundbury Godfrey had very much injured your master; and that you desired to know if he were acquainted with a stout man; and asked particularly of Mr. Child, and bid him send him to your master; and he said afterwards, he had been there, and would have engaged him to join in a murder. All which is nothing to the purpose. S. Atkins. But I never had any such discourse with him my lord. L. C. J. If you had, or had not, it is no matter: you need not labour your defence as to any thing he says. S. Atkins. I protest before God Almighty, I know nothing of it. Justice Dolben. But what say you to Mr. Bedlow's testimony; Did you see the body of sir E. Godfrey at Somerset-House? S. Atkins. No my lord; I am so far from that, that in all my life I was never in the house. L. C. J. Then call a couple of witnesses to prove where you were that Monday night, the 14th of October, and you need not trouble yourself any further. S. Atkins. There is captain Vittles, and his whole company. L. C. J. Can any of these say where you were the 14th of October? If they can, a couple of them is enough. Who is this? Atkins. This is the captain, my lord. L. C. J. What is your name? L. C. J. Do you know Mr. Atkins the prisoner? Vittles. Yes, very well. L. C. J. Vittles. How long have you known him? L. C. J. Can you tell where he was the 14th of October? Vittles. I can tell by several circumstances, that your lordship shall understand, that I do remember the day. L. C. J. Why, you cannot tell what day of the week it was? Vittles. Yes, I can, it was of a Monday. L. C. J. Where was he on a Monday? Vittles. The king was pleased to command me to go to Antwerp, to carry over some officers of the king's to the garrison; I returned back the 6th of October, which was Sunday. Justice Jones. How come you to remember the days so exactly? L. Č. J. Mariners are very exact and punctual; they keep accounts of every day, and have journals of all passages. Vittles. Ay, my lord, and I have it here in my pocket: The 6th day I arrived at Greenwich, which was sabbath day, and that day I would not come ashore, but I let it alone while Monday, which was the 7th day; then my lord I went and appeared, and gave an account to the Secretary of what I had done, according to my instructions, to see whether he had any further service to command me. At present the Secretary told me, No,; so I told him I would go down to the Yatch, and wait his majesty's commands; and there I staid till Thursday; and on Friday the Secretary, I think, was going out of town to Newmarket, and so I could receive no orders from him, but was to stay till he came back. On the Monday following I came up about eleven of the clock, and I met with Mr. Atkins at the office he had at his master's the Secretary's; said I, I am glad you are at home; and, said he, I am glad you are not gone, for there are a couple of gentlewomen that desire to see a yatch, and if you will go down I will come down too, and bring down my friends by and by: Said I, I am glad I am in a way to serve you, and you shall be welcome to what I have. So I disappointed two or three friends that I had appointed to meet at Billingsgate, that I might get my boat ready. When I came aboard, I ordered my men to clean it, and got ready some provisions, such as I had; But in the mean time my young lord Berkely and his men came to see the yatch in the afternoon, where she lay then at Greenwich, over against the college; and I being glad of such a gentleman's company, entertained him with a bottle or two of wine, and what the ship would afford, and when he went away; I fired five guns. And when he was gone, I was walking upon deck; and I wonder, said I to my men who were with ine, that Mr. Atkins doth not come; he told me he would be here with some friends; I will go a-shore if he does not come quickly. And so, if it shall like your honour, I stayed an hour longer; and, said I, if he doth not come in balf an hour, I will go a-shore and I was ready to go, when I saw a boat at a distance, and then said, I will stay for I believe that is the boat; and it proved so. It was two of the clock when my lord went away, and it was then half an hour past four, | or thereabouts. So when he came a-board his two friends came a-board with him, and went down into the cabin, and drank a glass of wine, such as we had; and the wine being good and just come from beyond seas, we drank till seven of the clock, and I would not let them go. Then said he, I will not keep the boat apon charge here. No, you need not, said I, my boat shall see you a-shore. So he discharged the boat, which was, I say, about seven o'clock, and so about eight or nine o'clock we had drunk till we were a little warm; and the wine drinking pretty fresh, and being with our friends, we did drink freely, till it was indeed unseasonable: I must beg your lordships pardon, but so it was; and at half an hour past ten, I ordered my men to go off with the boat of four oars, that belonged to the yatch, and that would go much swifter than any other boats, and I put him into the boat very much fuddled. Now, my lord, away goes he, with four of my men (they are here), and I ordered them, pray, said I, put a-shore Mr. Atkins and his friends where they will go a-shore. So I went to sleep when he was gone; and the next day in the morning, when the boat came aboard, said I, where did you put a-shore Mr. Atkins and the two gentlewomen? At Billingsgate, said they, Why so, said I? Which way would they get home? for I knew Mr. Atkins was very much in drink. Why, said they, the tide was so strong at the bridge, that we could not get through with our boat. Now it flowed that same night till twelve minutes past ten; so that it must be near half an hour past ten when they went L. C. J. Mr. Bedlow, what time of the night was it that you were at Somerset-house? Bedlow. It was betwixt nine and ten. L. C. J. He was on shipboard then. Bedlow. Yes, very sober, my lord. L. C. J. Then call another witness, one of your men, and we have done. Vitles. Give the word for the boatswain Tribbett. L. C. J. Did the women pledge you captain? L. C. J. Ay, did they drink with you? L. C. J. Those be your men that stand there? [He, and several other of the ship's company were there.] Whither did you carry Mr. Atkins when your captain commanded you to set him ashore? Tribbett. To Billingsgate. L. C. J. What time of night came you there? Tribbett. At half past eleven. L. C. J. What time did you carry him from the vatch? Tribbet. It was about half an hour past ter o'clock. L. C. J. What day of the week was it? L. C. J. Well, you need not trouble yourselves any more. Att. Gen. My lord, in this matter, it is in vain to contend in a fact that is plain. But I would desire (because some perhaps will make an ill use of it) that they would please to take notice, here is no disproving the king's evidence. For Mr. Bedlow did not at first, nor doth he now, charge him directly to be the man: so that whoever reports, That the king's evidence is disproved, will raise a very false rumour. L. C. J. No, no; it is so much otherwise, that for all he hath said herein, he is the more to be credited in his testimony; and Mr. Atkins needed not to make any defence, but must have come off without any, upon what Mr. Bedlow says for him. Att. Gen. So likewise for the first man, all that he says consists together, and may be true, and yet Mr. Atkins innocent. L. C. J. So it may. Att. Gen. I desire the company may not go away with a mistake, as if the king's evidence were disproved. L. C. J. Not in a tittle. Att. Gen. Then I have done, my lord. L. C. J. No, I will tell you how it did arise. It arose from the jealousy of the murder of sir E. Godfrey, and persons were willing to lay hold on any opportunity to find it out. And Mr. Bedlow was told such a man should be his fellow to help him to carry away the body; and hearing of such a name, thought it possible it might be such a one; and he owning himself to bear that name, and to be Mr. Pepys's clerk, when he gave in his information, the people, who were put into such alarms as these, were very ready to catch at it. Therefore no body was to blame for pursuing Bedlow's evidence. He said nothing then, but what he says now, and that is nothing at all positive, which is all Justice Wild. He was very suber, that you true, and yet Mr. Atkins doth appear to be a spoke withal, was not he ? very innocent man in this matter. Then the Jury consulted together at the bar, and agreed. Cl. of the Cr. Gentlemen, are you all agreed Cl. of the Cr. Did he fly for it? S. Atkins. God bless the king, and this honourable bench. [On his knees.] Cl. of the Cr. Samuel Atkins, hold up thy hand. [Which he did.] Look upon the prisoner. How say you, is he Guilty of the felony, as accessary to the murder, as he stands indicted, or Not Guilty? Foreman. Not Guilty. Cl. of the Cr. Did he fly for it? S. Atkins. God bless the king and this honourable bench. [On bis knees.] Cl. of the Cr. Then hearken to your verdict, as the Court hath recorded it. You say, that Samuel Atkins is not guilty of the felony and murder whereof he stands indicted; nor that he did fly for it. And you say that he is not guilty, as accessary to the felony and murder whereof he stands indicted, nor that he did fly for the same; and so you say all? Omnes. Yes. L. C. J. Mr. Atkins, I should have been very glad that the rest, who have been condemned, bad been as innocent as you are; and I do assure you, I wish all mankind had been innocent. For, if any Protestant had been guilty of such a thing as this, it would have grieved me to the very heart, that any Protestant should do such things, as those priests provoke their proselytes to at this day. Capt. Vittles. My lord, here is his schoolmaster will give your lordship an account how he was bred and brought up, and what a good conditioned young man he was. L. C. J. Well, well, captain, go you and drink a bottle with him. Then Mr. Atkins went from the bar. a Jesuit, (pretended Bishop Assizes, for High Treason: [Written by Himself.] and of those, still Mr. Arnold excepted, as either being of my neighbourhood, or acquaintance, for there being many in the country; the sheriff seeing so many of his calling excepted, he desired Mr. Arnold himself should call whom he pleased; whereat the judge checked the sheriff, and he said he was saucy: at last, with much difficulty, a jury was impannelled, a jury now contrived, of none but such as pleased Mr. Arnold, principal prosecutor against me, which was very hard, and an ignorant jury it was withal: the jury being impannelled, it was sworn, the indictment read, and witnesses called, thus: 249. The Trial of DAVID LEWIS, of Llandaff), at Monmouth 31 CHARLES II. A. D. 1679. THE 28th of March, 1679, the assizes began were excepted by Mr. Arnold; whereupon, to at Monmouth, sir Robert Atkins being sole make up the jury, the judge commanded the judge. A grand jury of gentlemen was re-high-sheriff to call in some, and he called many, turned by the sheriff, and called, against several of whom Mr. Arnold and Mr. Price excepted, and so put by, as such they conceived might befriend me; a challenge not known before; for in the case between the marquis of Worcester, and the tenants of Wentwood, upon a riot, Henry Williams, esq. and others would have excepted against some of that grand-jury, the same judge Atkins then positively said, it was ridiculous and not usual to challenge out of a grand-jury. At last a jury was sworn, and an indictment drawn up against me, upon the statute of the 27th Eliz. and preferred to the grand jury. That evening, being Friday, I was arraigned upon that bill, to which I pleaded Not guilty. The next day, about ten of the clock in the morning, the judge came from the Nisi prius side, and sat at the crown side, and I at the same time being brought to the bar, the crier made proclamation for silence, that a jury for life and death might be impannelled, and I made my challenges; presently a jury from the other bar was called, which was not usual, and I to challenge, the judge telling me, I might challenge without hindrance; by guess I challenged three; but out of that Nisi prius jury called to the crown bar, and that by Mr. Arnold's own suggestion, who had a strong influence upon the judge as being his Kinsman, and sitting at his right hand, divers Clerk of the Assizes. David Lewis, hold up thy hand. Here thou standest indicted of high-treason, by the name of David Lewis, for that thou, being a natural subject of the king of England, hast passed beyond seas, and hast taken orders from the Church and See of Rome, and hast returned back again into England, and continued upwards of forty days, contrary to the statute 27 Eliz. in that case made and provided, which by the said statute is hightreason. What bast thou to say for thyself? Art thou Guilty, or Not Guilty? Prisoner. Not Guilty. Clerk. By whom wilt thou be tryed? |