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for the assisting in carrying sir Edmundbury it was done. Mr. Ordinary then told him, he Godfrey, after be was murdered, into a room would deceive himself if he thought that any in Somerset-house: He said, He could not say absolution, or any indulgence, of either priest he had never been in the root Mr. Praunce or pope, could save him, without true respoke of, for he believed, one time or other, pentance.' He said, he did not believe any that he had beeo in all the rooms of the honse; such thing. Mr. Ordinary perceiving that this but that, to the best of his remembrance, he discourse did but disorder him, and had put had never carried, in all his life, a two-penny him out of that composure and calmness he weight into that room ; but did acknowledge was in before, gave it over, and went to prayers, God's justice in bis death, for changing his re- till the sheriff sent to him, to come away to ligion for ioterest sake. Hearing him thus po- execution. When we were coming out of his satirely to deny the fact, considering Dr. Lloyd prison-chamber, Mr. Ordinary asked lim, if he had been with bim two or three days before, I should go along with him to his execution : did not further press bim, because I came to Mr. Berry begged beartily that he would not, him only for to assist him in prayer: And but desired me to go along with him : Mr. therefore, after this little discourse, we went to Ordinary said, It was his place, and he would prayers again, and before we had done, the

go. We both went, and got into the cart to Ordinary of Newgate came in, to whom I hin, at the place of execution : When he had gave place.

prayed by himself a good while, Mr. Ordinary He begun to tell Mr. Berry, that he had desired him to confess to the people bis crime, found him of a more ingenuous temper than which was seconded by others that 'stood by, the rest were ; and wondered who had been saying, There was no repentance without public tampering with hiin, to make bim persist in the confession. Mr. Berry, being thus pressed denial of the murder, which if he would have again, he declared (otherwise I believe he confessert, there was once hopes of a pardon; would not have said any thing, but have gone bat if be would at last confess it, he would en- out of the world without speaking one word of dearaar what he could to have hiin saved: And his innocency, or the murder; for he seemed told him also, that it was no argument, that to be, both before and after, when pressed others bad foolishly thrown away their lives, again to confess, to be averse to it) he was as that therefore he must do so too: therefore, says innocent as the child that is new born. PreMr. Ordinary, come tell me what is truth. Mr. sently the sheriff stopped him from saying any Berry answered, You have been very pressing thing more, and told him, he was not to suffer upon me; I cannot tell what you mean and bim there to defame an honourable court, but shewed bis averseness again to speak of the if he had any other thing to say, he might: murder.). I mean, says Mr. Ordinary, that He answered, he did not blame either judge or tbou wouldst tell me what is truth; and prithee jury, (and had before at first prayed, as for the come tell me what is truth? Truth, says Berry, king and queen and church, so for the magisis not to tell a lye; not to speak that a mantrates, that God would protect them in their does not know; and this is truth. Well, says duty), but for his accusers, he must say they Mr. Ordinary, come tell me what thou knowest had done him wrong, for he was not guilty of of the murder, and do not damn thyself. that for which he suffered ; but he prayed God Says Mr. Berry, But I think you would have to forgive them, and that his death might be me, by your thus pressing of me; for I did the last innocent blood that might be shed in not know any thing of it, for a fortnight after the land; and prayed that his might never cry

for judgment. After which, Mr. Ordinary truth ; and that he was very sensible of, and prayed for him, which was very uneasy to him, sorry for what he had done ; upon which the and he desired bim not to do it. Then he de Court desired God to continue him so.

sired me to pray for him; after which, I did The Sentence passed, the keeper of the not hear him say any thing, but left him praying: Gacetouse was ordered to take back his pri. And when the cart was drawing from under soner, which he accordingly did, conveying him, he lifted up his hands towards heaven, and him to the Gatehouse prison, where he now said, “ As I am innocent, so receive my soul, (June 15, 1686), remains in custody.

O Lord Jesus,"

248. The 'Trial of Mr. SAMUEL ATKINS, at the King's-Bench, for

being accessary to the Murder of Sir Edmundbury Godfrey :

31 CHARLES II. A.D. 1679. On Saturday the 8th of February, 1679, Mr. aforesaid sir Edmundbury Godfrey, in manner Samuel Atkius was brought from Newgate to and form aforesaid, feloniously, voluntarily, and the bar of the Court of King's-Bench at West- of bis malice aforethought, to kill and murder; minster, to be arraigned as accessary to the and so they the said Robert Green, Henry Berry, murder of sir Edmundbury Godfrey, which was Lawrence Hill, Girald, Dominick Kelly done in this manner :

and Philibert Veruatt, in manner and form Clerk of the Crown. Samvel Atkins, bold up aforesaid, the aforesaid sir Edmundbury Godthy hand (which he did). Thou standest indicted frey, feloniously, wilfully, and of their malice by the name of Samuel Atkins, late of the pa- aforethought, did kill and murder, against the rish of St. Mary le Strand, in the county of peace of our sovereign lord the king, his crown Middlesex, gent. for that whereas on the mor. and dignity. And that thou the said Samuel row of the Purification of the blessed Virgin Atkins, at or upon the said 12th day of OctoMary, before our sovereign lord the king, at ber, and divers days and times before, the said Westminster, by the oath of twelve jurors,good Robert Green, Henry Berry, Lawrence Hill, and lawful men of the said county, tried, sworn, -Girald, Dominick Kelly, and Philibert Ver. and charged to enquire for our sovereign lord natt, the felony and murder aforesaid, at the pathe king, and the body of the said county, Ro- rish aforesaid, in the county aforesaid, to combert Greeu, late of the parish aforesaid, in ibe mit feloniously, wiltully, and of thy malice aforecounty aforesaid, labourer; Henry Berry, late thought, didsi comu and, couusel and abet; and of the same parish and county, labourer; Law- knowing the said Robert Green, Henry Berry, rence Hill, late of the same parish and county, Lawrence Hill, Girald, Dominick Kelly, labourer; Girald, late of the same parish and Philibert Vernatt, the selony and murder and county, clerk; Dominick Kelly, late of the aforesaid, in manger and form aforesaid, felonisaine parish and county, clerk; and Philibert ously to have done and cuanmitted, at or upon the · Vernait, late of the same parish and county, la- said 12th day of October, and divers days and bourer; are indicted, for that they not having times aster, at the parish aforesaid, in the county the fear of God before their eyes, but being aforesaid, feloniously the said Robert Green, moved and seduced by the instigation of the Henry Berry, Lawrence Hill, Girald, Dodevil, the 1211 day of October, in the soth minick Kelly, and Philibert Verratt, didst haryear of the reign of our sovereiya lord bour, comfort, and maintain, against the peace Charles 2, by the grace of God, of England, of our sovereign lord the king, his crown and Scotland, France, and Ireland, king, defender dignity. How sayest thou, Samuel Atkins, art of the faith, &c. at the parish of St. Mary le thou Guilty as accessary to the said felony and Strand aforesaid, in the county of Middlesex murder wiereof thou standest indicted, and hast aforesaid, in and upon sir Edmundbury Godfrey, been now arraigned, or Not Guilty? knt, in the peace of God, and of our said sove. S. Atkins. Not Guilty. reign lord the king, then and there being, felo. Cl. of the Cr. Culprit, how wilt thou be niously, voluntarily, and of their malice afore- tried-S. Atkins. By God and my country. thought, did make an assault; and that be the Cl. of the Cr. God send thee a good deliaforesaid Robert Green, a certain linen hand. verance, kerelief, of the value of sixpence, about the S. Atkins, My lord, I do humbly désire, that neck of the said sir Edmundbury Godfrey, then the several examinations taken concerning this And there feloniously, roluntarily, and of his business, may at my trial be brought into the malice aforethought, did fold and fasten; and Court. that he the said Rohert Grecn, with the hand- L. C. J. (Sir William Scraggs ) This is to be kerchief aforesaid, by him the said Robert left to Mr. Attorney to do in it as he pleaseth ; Green on and about the neck of the said sir for he is to take care of the king's evidence. Edmundbury Godfrey, in manner and form S. Atkins. I only desire, my lord, that they aforesaid folded and fastened, then and there may be brought in. Mr. Recorder had some of him the said sir Edmundbury Godfrey did choak them taken before him. and strangle ; of which said choaking and Recorder (Sir George Jefferies.) To satisfy strangling of him, the said sir Edmundbury God. this gentleman, my lord, whatever examinations frey in manner and form aforesaid, he the said were taken before me shall.be brought. sir Edmuodbury Godfrey then and there in- L. C. J. Why, Mr, Atkins, do you know nostantly died; and that the said Henry Berry, thing of this business, that you are so willing to Lawrence Hill, - Girald, Dominick Kelly, have all the evidence brought in against you? and Philihert Vernatt, then and there felonious- Atkins. My lord, I know nothing of it at all, ly, voluntarily, and of their malice aforethought, L. C. J. Are you a papist, Mr. Atkins? were present, aiding, abetting, comforting, and S. Atkins, No, my Lord, I am not, Inaintaining the aforesaid Robert Green, the L. C.J. Were you never one ?

my trial.

S. Atkins. No, I nerer was one, nor I hope I law, the king's Attorney General, or this inquest Reser shall be. When is it that your lordship now to be taken of Samuel Atkins the prisoner pleaseth to have ine cried, for I have lain these at the bar, his being arcessary to the felony and sixteen weeks in prison, and do earnestly desire murder whereof Robert Green, Henry Berry,

Lawrence Hill, and others stand indicted, and “L. C. J. You shall be fried as soon as we can as accessary of which said felony and murder when Mr, Attorney thinketh fit. We must try the said Sarnuel Atkins stands indicted, and the others on Monday, and if there be time hath been arraigned, let them come forth, and afterwards you may be tried then: however, they shall be heard, for now the prisoner stands captain Richardson shall have a rute to bring at the bar upon his deliverance. you up then.

Aut. Gen. (Sir William Jones,) My Lord, I 3. Atkins. I humbly thank your lordship. must inform your lordship, that there is another

Then he was carried back by the keeper, and Indictment against Mr. Atkins as principal, accordingly on Monday follow ing he was brought since thought fit to prefer another as accessary.

which was preferred heretofore, but we bave up; and after the trials of Green, Berry, aud Hill, were over he was sent to the bar.

Now to discharge him of the first, I desire le

inay be arraigned on that before bis trial. February 10, 1679.

Čl. of the Cr, I did so intend to do, Mr. AtL.C. J. Mr, Atkins, have you any bail ready? torney. Samuel Atkins, hold up thy hand, S. Atkins. No, my Lord, I am prepared for (which he did). Thou standest indicted by the

name of Samuel Atkins, late of the parish of: my trial, if your lordship pleaseth, but not with

St. Clements Danes, in the county of Middlebail.

L. C. J. Ay, bat, Mr. Atkins, it is the latter sex, gentleman, for that thou, iogether with end of the term, and many people's livelihoods

velch, and--Le Faire, of the said parish Jie at stake. We cannot lay aside all business

ami county, gentlemen, not having the fear of for yours.

God before your eyes, but being moved and se3. Adkins. My Lord, my life lies at stake, duced by the instigation of the devil, the twelfth and I have been under severe imprisonment a

day of October, in the thirtieth year of the reign long time. I humbly pray I may he tried; be of God of England, Scotland, France and Ireland

of our sovereign Lord Charles 2, by the grace sides, I have many witnesses, who have remainever since the last term. I hope ny trial will | aforesaid, in and upon sir Edmundbury Godfrey, ed in town on purpose to give evidence for me King, defender of the faith, &c. with force and

arms at the parish aforesaid, in the county not take up much time.

Justice Dolben. If you have so many wit- knight, in the peace of Gow and of our said so Desses, it cannot be soon over.

vereigis lord the king, then and ihere being feS. Alkins. I have many ready, but hope I doniously, wilfully, and of your malice aforeshall bare occasion to use only a few.

thougit, did make an assault, and that thou L. C. J. M:. Atkins, we cannot do it, you

the said Samuel Atkins, a certain linen cravat, must be content; you shall be tried at the ses.

of the value of one penny, about the neck of sions. Pray how long is it to it?

the said sir E. Godliey then and there feloniRecorder. It is about three weeks my Lord.

cus!y, wilfully and of thy malice aforethought, L. C. J. That indeed will be too long, but

didst fold and fasten, and that thou the said

Samuel Atkins with the said cravat, so by thee in the mean time you shall be bailed.

the said Samuel Atkins abont the neck of the S. Atkins. Í submit, my Lord; I think I have bail here. [Mr. Atkins was here calling said, then and ihere the said sir E: Godfiey, fe

said sir E. Godfrey fastened and folded as aforehis bail. L. C. J. Come then, namethem.

loniously, wilfully, and of thy malice aforeCaptain Lloyil. My Lord, I am a witness on

thought, didst choke and strangle; of which said behalf of this gentleman, and cannot possibly choking and strangling of the said sir E. Godbe in England a fortnight hence.

frey by thee the said Samuel Atkins, in manner

and form aforesaid done and committed, the S. Atkins. My Lord, this is a captain of one of the king's ships, and his occasions will indis

said sir E. Godirey, in the parish aforesaid, in pensibly call hin away, and this is the case of the county aforesait, instantly died, and that

the aforesaid - Welch, several others of my witnesses.

Le Faire, feL.C. J. Well, I do not know; if it he so, loniously, wilfully, of their malice aforethought, you shall be tried to-morrow; and so bring hin

were then and there present, aiding, assisting, up very early, (Speaking to Captain Richard- abettiny, comforting and maintaining thee the son.)

said Samuel Atkins, the felony ani murder

aforesaid, in manner and form isoresaid, to do And so Mr. Atkins went from the bar, and and commit. And that so than the said Samuel was brought up thither again on the morrow; Atkins, with the aforesaid — Welch and—being Tuesday, when bis trial proceeded thus : Le Faire, the said twelfth day of October February 11, 1679.

at the parish aforesaid, in the county aforesaid,

the said sir E, Godfrey, feloniously, wilfully, Cl. of the Cr. Crier, make proclamation. and of your malice aforethought, did kill and

Crier. o Yes! If anyone can inform our murder, against the peace of our sovereign lord sorereign lord the king, the king's serjeant at the king, liis crową aud dignity.

How sayest

O yes.

thou, Samuel Atkins, art thou guilty of the fe-, found him guilty; if you find him not guilty, lony and murder whereof thou standest indicted nor that he did fly for it, say so aud no inore, and hast been now arraigned, or, not Guilty ? and hear your evidence. S. Atkins. Not Guilty.

Att. Gen. My lord, I am informed by Mr. Cl. of Cr. Culprit, how wilt thou be tried ? Ward of the Crown-office, the prosecutor's S. Atkins. By God and my country.

clerk, that they have not sued forth a venire Cl. of Cr. God send thee a good deliver- facias upon this indictment as principal; and ance. Samuel Atkins, hold up thy band therefore the jury cannot inquire of that at all, (which he did). Those men that you shall bear but must be discharged of it. Our writ is only called and shall personally appear, are to pass for the Indictment for being accessary. belween our sovereign lord the king, and you, Cl. of Cr. If you make the writ. de quibusupon the trial of your life and your death. Ifdam feloniis et accessariis,' and seal it a-new therefore you will challenge them, or any of (which may be done presently, the seal being them, your time is to speak unto them as they it the hall), it will do for both. come to the book to be sworn, and before they L. C. J. Do so, then Mr. Ward, that both be sworn, Call the jury, Crier, and make an may be dispatched. [Which was done accord

ingly.] Crier. O yes! You good men that are im- Cl. of Cr. Samuel Atkins, hold up thy hand pannelled to inquire between our sovereign again (which he did). You of the jury, look jord the king and Samuel Atkins the prisoner upon the prisoner, and hearken to his cause. at the bar, answer to your names,

You shall further understand, tbat he stands Cl. of Cr. Sir John Cutler.

indicted by the name of Samuel Atkins, late Crier. Vous avez. Sir John Cutler, look upon of the parish of St. Mary le Scrand, &c. (prout the prisoner. You shall well and truly try, and in the first indictment mutatis mutandis) against true deliverance make between our sovereign the peace of our sovereign. lord the king, bis lord the king and the prisoner at the bar, whom crown and dignity. Upon this indictment he you shall have in your charge, and a true ver- bath been arraigned, and thereupon pleaded dict give according to your evidence. So help Not Guilty, and for his trial hath put bimself you God. And so the rest were sworn. The upon God and bis country, which country you names of the twelve were these : Sir John Cut- / are. Yoar charge is to inquire whether he be ler, Michael Arnold, James Partridge, Thomas guilty of this felony as accessary to the said Cassee, Thomas Gostwick, John Wells, Am. Robert Green, &c. or not guilty. If you find brose Arnold, Rainsford Waterhouse, John him guilty, &c. (sicut antea.) Crier make proSearle, Richard Pagett, William Waite, Ar- clamation. thur Blyth.

Crier. O yes! If any man will give evidence Cl. of Cr. Crier, count these. Sir John on behalf of our sovereign ford the king against Cutier.

Samuel Atkins, the prisoner at the bar, let Crier. One, &c.

thein come forth, and they shall be heard, for Cl. of Cr. Arthur Blyth.

the prisoner stands at the bar upon his deliCrier. Twelve good men and true, stand to- verance; and all others that are bound by regether and hear your evidence; you that are cognizance to give evidence against the prisoner sworn hearken to the record, you that are not at the bar, let themi come forth and give sworn stand down,

their evidence, or else they forfeit their recogCl. of Cr. Samuel Atkins, hold up thy hand nizance. (which he did). You that are sworn, look Serjeant Stringer. May it please your lordupon the prisoner, and bearken to bis cause. ship, and you gentlemen of the jury, Samuel You shall understand that he stands indicted | Atkins the prisoner at the bar stands indicted by the name of Samuel Atkins, late of the here of two facts by two indictments; the one parish of St. Clement Dane in the county of as principal in this murder, the other as accesMiddlesex, gentleman; for that he, together sary. The first of which we shall lay aside, with Welsh, Le Faire, &c. (prout in and of his being the murderer give no evidence; the second indictment mutatis mutandis) against and so, gentlemen, you must find him not guilthe peace of our sovereign lord the king, his ty of that. But as to the indictment as accescrown and dignity, Upon this Indictment he sary, that sets forth, that whereas Robert hath been arraigned, and thereunto hath plead-Green, Henry Berry, Lawrence Hill, and ed Not Guilty, and for his trial doth put him-others, on the 12th of October last, at the paself upon God and the country, which country rish of St. Mary le Strand, in your county, did you are.

Your charge is to enquire whether be make an assault on the person of sir Edinund. be guilty of this felony and murder whereof he bury Godfrey, and that Robert Green dic stands indicted, or not guilty. If you find him throw about the neck of sir Edmundbury guilty, you are to inquire what goods and chat linen handkerchief, and twisted and folded i tels, lands or tenements he bad at the time of about his neck, by which twisting and folding the felony and murder committed, or at any the said Green aid strangle the said sir Ed time since. If you find him not guilty, you mundbury, of which strangling he jastantly are to inquire whether he did fly for the same ; died : and we say, gentlemen, that the pri and if you find that he fled for it, you are to soner at the bar is indicted as one tbat wa inquire of his goods and chattels, as if you had privy, knowing, consulting, and abetting to th

commission of this murder, and that after the the body after it was murdered, which hapmurder committed (for the acts are connected) pened, as was proved to you yesterday, on the he did receive, harbour, comfort, and maintain 12th of October last, found it removed froin the murderers. To this he hath pleaded Not the place where by the testimony of Mr. Guilty. If we prove bim guilty, we doubt not | Praunce he was first carried, into another you will find him so.

room, and there by the help of a dark lanthorn Att. Gen. May it please your lordship, and several people then in the room saw him : you gentlemen of this jury, Mr. Atkins the Amongst whom, I say, Mr. Bedlow was one; prisoner is indicted upon two indictments; the and Mr. Praunce speaks to the same matter, one is for being a principal in this murder, and this was on the Monday night following: but upon that we can give no evidence, for that and I think we have a sufficient proof that Mr. was preferred before we had that full and plain Samuel Atkins was one in the room, that did evidence, which now we have of this fact by see the body, and was consulting with them the testimony of Mr. Praunce. And I must how to dispose of it: For we have this proof say thos much to Mr. Atkins, that he hath against him. Bedlow finding a young man cause to bless God, that ever Mr. Praunce there, whom he did not know, he went up to made this discovery; for I assure you, without him, desiring to know his name; he tells him that there are those circumstances, probabilities, who he was, one Atkins, and describes bimand presumptions, that he might have gone in self by a particular circumstance to whom he great danger of being accounted a principal in had relation, and Mr. Bedlow will tell you so the murder. But now, my lord, that matter much, that though the light was not very great, being fully and plainly discovered by Mr. yet it was enough to let him see the faces of Praonce's testimony, that no man may bear a those he took notice of, and that this prisoner greater burden than he deserves, we acquit him was there. And if this be true, it will have the as to that indictment, and now charge him only effect of proving him guilty as accessary, cither as accessary. And in that you will find the before or after the fact. evideoce to be such, as might give us just cause

This will be the course of our evidence, our to prefer the first indictment.

witnesses are not many, and therefore our For, my lord, we shall make it out, that Mr. proof will not be long. We shall now call them, Samuel Atkins did come to a gentleman of his and when they have done, subunit it to your own sirname, one Mr. Charles Atkins (who I lordship and the jury; and first we call Mr. think was of kin to him, but whether he

was,

Charles Atkins. or not, is not inaterial), and to him he did Crier. Mr. Charles Atkins, lay your hand complain of the proceedings of sir E. Godfrey, upon the book. The evidence which you shall that be was a man too active, and that he was give for our sovereign lord the king against in no sort to be permitted to live; for if he Samuel Atkins, the prisoner at the bar, shall were, he would be very prejudicial to some he be the truth, the whole truth, and nothing but was concerned for. And at the same time he the truth; so help you Gud. did inquire after some bold man, I think one Recorder. My lord, this is Charles Atkins, Child particularly, who had been with that whom we desire to begin withal. It was he Charles Atkins aboard the fleet, whether he that had the discourse first with Samuel Atkins had behaved himself stoutly there; and finding about Child, and afterwards with Child about him to be a resolute person, be desired Mr. the murder. Pray, Sir, tell the discourse you Charies Atkins to send for him, and send him had with Child, and the time when. to him, and he would employ him; and after. C. Atkins. My lord, it was much about wards Child owned to Mr. Atkins, that he had the time that his majesty went to Newbeen there.

market. L. C. J. To wbich Mr. Atkins ? To the pri- L. C. J. That was in September, I think. soner?

C. Atkins. No, my lord, it was in the beAlt. Gen. To Mr. Charles Atkins, who is ginning of October. I cannot speak to a day, the witness, Samuel Atkins is the prisoner. It I cannot very well tell that, but it was much was Samuel that complained to Charles of sir about that time. I had been with sir John E. Godfrey; inquiring after the courage and Williams about the saine business that I came resolution of Child, and ordered Charles to to speak with Mr. Atkins about this gentlesend him thither : and afterwards Child, as he man whom I am forced to be witness against said, went thither; and when he came back on the king's account; but otherwise I have a he did discourse with Charles Atkios, desiring great regard for him), and coming there I askhim to join with them in the killing of a man, ed the porter below stairs whether Mr. Atkins and did propose a great reward to him so were in the house. to do.

L. C. J. At what house was it? This, my lord, was the discourse precedent C. Atkins. At Derby-house in Channel-row. to the fact. But now to shes to your lordship He said, Yes. So I went up stairs, and found and the jury, that as the prisoner Samuel Al- him there all alone in the study, where he gekins and he did design, the thing should be nerally writes near another study, where was done, so he did pursue that design, and beara the clerk that usually wrote with him, but he part in it and was privy to it, and knew of it; was alone; it was in the afternoon : And after We shall prove, that Mr. Bedlow, when he saw I had spoken to him, I desired him that he

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