would walk out into the other room.

And at the window, which is next the door that is to the office, he and I stood talking together. After we had discoursed a little about the plot, he told me, that sir E. Godfrey had very much injured his master; and if he lived would be, the ruin of him. And thereupon I have heard that his master was questioned in the House of Commons, asked him whether he were a parliament man, thinking that might be the occasion of their questioning him: No, said he. But then he went off from what we were then discoursing, and he desired me to be secret, and went on upon that account in several particulars, that I cannot now exactly remember. And as we were talking he broke off his discourse short, and asked me if I knew Mr. Child: What Child? said I, He that I used to meet at the Three Tobacco-Pipes? Said he, It is that Child that you recommended to me : For I had recommended such a one to him to be purser of a ship, by the means of one Owen. Said he, Is he a man that is stout, or to be trusted with a secret ? Said I, As to his valour I know nothing of it, but he has a very good character. Then said he, When you see him send him to my master; but as for myself, I desire not to have him ask for ine when he comes thither. I could not meet Child that night, but I did the next night; and so he said he would go thither. And afterwards I met him again, and he said he had been there, and falling into discourse, he would have engaged me to join in the murder of a man.

L. C. J. What did Child say to you? What is Mr. Atkins's master's name?

C. Atkins. Mr. Pepys.

L.C. J. What Mr. Pepys of the Navy?
C. Atkins. Yes, my Lord.

L. C. J. Had Child been with him?

C. Atkins. My Lord, he told me so. L. C. J. What did he say when he came from Mr. Pepys?

C. Atkins. He told me nothing of Mr. Pepys, but he would have engaged me to join in the murder of a man. I was then just coming from walking, and met him in Holborn-fields, near the Three Tobacco-Pipes, and he desired me to walk with him, which I was unwilling to do. He told me he had something private to say to me; I told him there was a shed in the back part of the house that was private enough; and thither we went; and I sat with my back to the house, and be with his to the garden. And as soon as the master of the house had brought a pot of ale, he fell into discourse, and told me he believed, that by reason of the necessity of my fortune, and the troubles I lay under, and my want of money, I would undertake a business that might relieve my wants. I replied, any thing that was honourable I would undertake, or that became a gentleman; but to rob on the highway, or any thing of that nature, that was base, I would not do it. lle answered me that it was a thing of greater moment than that; he told me it was the killing of a man. I immediately utterly denied to join

with him in it; he gave me eight or nine days to consider of it, and I should have a great reward, if I would join with them. I heard of him no more for a considerable while, and then I met him at the Three Cans or the Six Cans, Holbors, and renewing his discourse, he told me, if I would not agree with them to help to murder him, yet if I would conceal it, I should have 1007, brought to my chamber; but if I did reveal it, I should not outlive it. L. C. J. This Child said? C. Atkins. Yes, my lord.

L. C. J. Who were them were to be with you, captain Atkins, do you know? C. Atkins. I do not know, my Lord, he did not tell me who they were.

L. C. J. Pray tell us again: What was the first discourse you had with Mr. Sam. Atkins?

C. Atkins. I came to borrow a little money of him, and it was at the great window in the great room above stairs, the very window next the office where the prisoner writes, and there he began his discourse. We were talking of this plot that was discovered, and something about Coleman, but the particulars I cannot remember, and then he fell into discourse about Sir Edmundbury Godfrey.

L. C. J. What discourse was it?

C. Atkins. That he had injured his master, and if he lived, he would ruin him. I asked him whether he was a member of the House of Commons, because I knew his master had been there questioned for his religion. No, said he ; but then he went off from that, which he was then talking of, which was concerning the Plot and sir Edmundbury Godfrey, and asked, if I knew where there was a stout man, and partìcularly enquired about Child, and bid me send him to his master.

L. C. J. Did he fear Sir Edmundbury Godfrey would ruin his master, by discovering something about the Plot?

C. Atkins. 1 understood so.

L. C. J. Why, he did not say that his master knew of it, did he?

6. Atkins. No, not to me.

L. C. J. And what did he talk of killing any body?

C. Atkins. No, he did not mention it to me. L. C. J. Then all that he said to you was, that Sir Edmundbury Godfrey had very much injured his master, and if he lived would ruin him; and then asked, if you knew a man that would be stout and secret, and bid you send him to his master, but not ask for him.

S. Atkins. Pray, Mr. Atkins, will you tell what time that discourse was?

C. Atkins. I cannot tell that exactly. It was two days before Sir John Williams went into the country. It was about the time of the duchess her going beyond sea.

S. Atkins. Was there no body by when we had that discourse?

C. Atkins. There was another in a study hard by, I cannot tell exactly who.

S. Atkins. Do you know his name when you hear it? Was it Mr. Lewis?

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.

S. Atkins. By whom was the reward to be 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? Boy. About seventeen.

Just. Wild. Do you know what, if you swear false, will become of you?

Boy. I will not swear false.

Justice Wild. What, if you do swear false, will become of you?

Boy. I shall be damned.

Att. Gen. He is as like to speak truth as another.

S. Atkins. What religion are you of, boy?
Boy. A Protestant.

S. Atkins. Do you know me?
Boy. No.

Justice Wild. Sir, you are too bold with the witnesses.

L. C. J. Swear him.

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.

Bey. 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 soine 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.

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?

Bedlow. Your lordship had an account yesterday, how Le Faire came to acquaint me, that such an one was murdered, and that they intended so and so to dispose of the body. When I came to meet him at Somerset-house, I asked hen 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 this gentleman [pointing to captain Atkins] 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, but 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 falshood to take away another's. I do not remember that he was such a person as the prisoner is; as far as I can remember he had a more manly face than he hath, and a beard.

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.
Att. Gen. What day?

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.

Att. 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.

Ått. Gen. Did you send a messenger to him? Walton. Yes, I did.

Att. Gen. What answer had you? Wallon. 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. Att. 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 dissatisfaction 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 reason; 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? Capt. Vittles. My name is Vittles. L. C. J. Do you know Mr. Atkins the pri

soner?
Vittles. Yes, very well.

L. C. J. Vittles.

How long have you known him?
These 14 years.

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 punc tual; 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 I 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 half 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 upon 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 inuch 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 theu.

Bedlow. Yes, very sober, my lord. L. C. J. Then call another witness, one of your men, and we have done.

Vittles. Give the word for the boatswain Tribbett.

L. C. J. Did the women pledge you captain? Vittles. Pledge me, my lord.

L. C. J. Ay, did they drink with you? Vittles. Ay, and drink to us too, my lord.

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 yatch?

Tribbet. It was about half an hour past ten o'clock.

L. C. J. What day of the week was it?
Tribbett. It was on a Monday.

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 w hat 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

very innocent man in this matter.