After these discourses, I asked Mr. Langhorne, That I might pray with him? He answered me, No; yet, I desire your prayers at home. He said, That prayer in presence, was an Act of Communion; but it was unfit, to join with one, who was not a member of the Roman Church. I replied, That I thought, there was little or no difference in such dis-jecting the prayers of Protestant Divines. tinct praying; however, it could not be any unlawful act. He would not admit me to pray with him therefore, to root out such a scruple, I shall state now, more at large, what I then spake more succinctly. Is not prayer an universal duty, and a testification of Christian charity? Therefore, to limit it only to such, who are adopted into any faction, is to look on all others, as excommunicated from Christ, and the hope of salvation by him, as the only head; who influences the Universal Church, with the spirit of faith, unity, and concord.

thereof, from any of their own persuasion; lest they should confirm them in their corrupt principles, or join wicked counsels, to diffuse their treasonable designs, by messages, to put Plots in execution, is a warrant to deny them the assistance of their own party. Yet they stick not, to grow sullen and insolent, in re

How careless of, and cruel to their own souls, are such, who will not by all lawful helps, secure and promote their souls everlasting blessedness! Is not this such a breach of charity, as to make void their own prayers for themselves? and to limit Christian Religion, only to the Roman Church, which is but a corner of the Christian world; and cannot be properly Catholic, unless it embrace an universal charity for all Christians, who profess the same Christ, and the same fundamentals of Christianity? But Protestants have not Can any Papist think to receive benefit by so departed from the Church of Rome, as to prayer, himself being absent; who hath not so hate all persons of her society; but only, their much charity, as to bear Protestants' pre- corruptions in doctrine and practice. We sence, in praying together? What proud sin- deny not to them, the duties of common chagularity is this? What inconveniency can rity; or such requisite assistances at the time happen, from a Protestant's joining with a of extreme sickness, or death, which may safely Papist in prayer, if they do not mix their pri- consist with their not being confirmed in Popish vate opinions (which are fitter for a disputa- principles, too deeply rooted in them already; tion) in the time of praying together? Such and the consistency of the established governimprudence would turn prayer, which is the ment, in the English Church, and state. After badge of Christian Communion, into an occa- these conferences with Mr. Langhorn, I asked sion of reproach; and imbitter each others him, whether he were the very person acspirits, to remain at a farther distance. To cused before the committee of parliament, in prevent such a mischief, let them consent, that 1666; for being conscious, at least, of the conthey will keep close to Scripture-matter, and flagration of London, by treachery: because phrases in prayer; because in these, they are Mr. Richard Langhorn, counsellor at the agreed. So shall they not grieve each other, Temple, is said in a deposition upon oath, to by an uncharitable exagitating and venting of have cast out threatening words about the said their private opinions. Yet I deny not, but onspiracy?-He answered me, That he was that they ought to desire of God, that he the person then accused; but knew no more would clear up to them his truth and ways of the firing of London, than he did of this more fully; and that, in whatever they dissent, Plot. But what he knew of this, is sufficiently by way of mistake about opinions foreign to demonstrated, by his being condemued, and the essential parts, and fundamentals of Chris- executed for a well-wisher to it, and agent in tian Religion, they may come to a right under- it. I offered a second visit to him, on the standing of each other; and may recede from Thursday before his execution; but he sent any false mixtures, super-added to Christ's me thanks, and desired to be wholly retired to pure religion. Therefore, to deny any Protes- himself. So being in the country when he was tant Divine, to pray with Popish persons con-executed, I cannot give any further account demned, when they cannot have the relief concerning him.

253. The Trial of Sir GEORGE WAKEMAN,* bart. WILLIAM MARSHAL, WILLIAM RUMLEYand, JAMES CORKER,† Benedictine Monks, at the Old Bailey, for High-Treason: 31 CHARLES II. A. D. 1679.

UPON Friday the 18th of July, 1679, at the
Sessions House in the Old Bailey, London, the
Court being met, and proclamation made for
attendance, the trials proceeded thus:

Clerk of the Crown. Set sir George Wakeman, William Marshal and William Rumley to the bar. Sir George Wakeman, hold up thy hand. Which he did. And so of the other two.

"You stand indicted by the names of sir George Wakeman, late of the parish of St. Giles in the Fields, in the county of Middlesex, bart. William Marshal, of the same parish and county, gent. and William Rumley, of the same parish and county, gent.: For that you as false traitors against the most illustrious, serene and most excellent prince, Charles the Second, by somewhat circumstantial to the same purpose against two of them: but that did not rise up to be treason: and he had nothing to charge the third with. They proved, that another person had been their superior for several

"Wakeman's trial came on next. Oates swore he saw him write a bill to Ashby the Jesuit, by which he knew his hand: and he saw another letter of his writ in the same hand, in which he directed Ashby, who was then going to the Bath, to use a milk diet and to be pump-years; and hat Oates was never once suffered ed at the Bath; and that in that letter he men- to come within their house, which all their sertioned his zeal in the design of killing the king. vants deposed. And they also proved, that He next repeated all the story he had sworn when Oates came into their house the night against the queen: Which he brought only to after he made his discovery, and took Pickermake it probable that Wakeman, who was hering out of his bed, and saw them, he said he physician, was in it. To all this Wakeman ob- had nothing to lay to their charge. They urged jected, that at first Oates accused him only many other things to destroy the credit of the upon hear-say and did solemnly protest he witnesses: and one of them made a long deknew nothing against him: which was fully clamation in a high hombast strain, to shew made out. So he said, all that Oates now what credit was due to the speeches of dying swore against him must be a forgery not men. The eloquence was so forced and thought of at that time. He also proved by his childish, that this did them more hurt than own servant, and by the apothecary at the good. Scroggs summed up the evidence very Bath, that Ashby's paper was not writ, but only favourably for the prisoners, far contrary to his dictated by him: for he happened to be very former practice. The truth is, that this was weary when he came for it, and his man wrote looked on as the queen's trial, as well as Wakeit out and that of the milk diet was a plain man's. The prisoners were acquitted: and indication of an ill laid forgery, since it was now the witnesses saw they were blasted. And known that nothing was held more inconsistent they were enraged upon it; which they vented with the Bath water than milk. Bedlow swore with much spite upon Scroggs. And there against him, that he saw him receive a bill of was in him matter enough to work on for such 2,000l. from Harcourt in part of a greater foul-mouthed people as they were. The queen sum; and that Wakeman told him afterwards got a man of great quality to be sent over amthat he had received the money; and that bassador from Portugal, not knowing how much Harcourt told him for what end it was given, she might stand in need of such a protection, for they intended the king should be killed, He went next day with great state to thank either by those they sent to Windsor, or by Scroggs for his behaviour in this trial. If he Wakeman's means: and if all other ways fail-meant well in this compliment, it was very uned, they would take him off at Newmarket. Bedlow in the first giving his evidence deposed, that this was said by Harcourt when Wakeman was gone out of the room. But observing, by the questions that were put him, that this would not affect Wakeman, he swore afterwards, that he said it likewise in his bearing. Wakeman had nothing to set against all this, but that it seemed impossible that he could trust himself in such matters to such a person: and if Oates was set aside, he was but one witness. Three other Benedictine priests were tried with Wakeman. Oates swore, that they were in the plot of killing the king; that one of them, being their superior, had engaged to give 6,000l. towards the carrying it on. Bedlow swore

advisedly done: For the Chief Justice was exposed to much censure by it. And therefore some thought it was a shew of civility done on design to ruin him. For how well pleased soever the Papists were with the success of this trial and with Scroggs's management, yet they could not be supposed to be so satisfied with him, as to forgive his behaviour in the former trials, which had been very indecently partial and violent." Burnet.

In the following year, Marshal and Corker were, together with others, tried and convicted upon the stat. 27 Eliz. c. 2. See the trials of Auderson alias Munson and others, January 17, 1680: infra. See the stat. in Brommick's Case, Aug. 13, 1679, infra.

the grace of God, of England, Scotland, France within this kingdom of England rightly and by and Ireland, king, defender of the faith, &c. the laws of the same established, to change your supreme and natural lord; the fear of and alter to the superstition of the Church of God in your hearts not having, nor weighing Rome; and to move, procure and persuade the duty of your allegiance, but being moved them, the said William Marshal, William Rumand seduced by the instigation of the devil; ley and other false traitors unknown, the agreeand the cordial love, true, due and natural ment aforesaid to fulfil and accomplish, you obedience, which true and faithful subjects of the said sir George Wakeman, after, to wit, our said sovereign lord the king do and of right the said 30th day of August, in the parish ought to bear towards him, our said sovereign aforesaid, in the county aforesaid, to them the lord the king, utterly withdrawing, and endea- said William Marshal, William Rumley and vouring and intending with all your strength, other false traitors unknown, did traitorously the peace and common tranquillity of this king- promise to give your assistance, the government dom of England to disturb, and the true wor- of this kingdom to subvert, and the true worship of God within this kingdom of England ship of God, in this realm rightly and by the used, and by the laws of the same established, laws thereof established and used, to the suto overthrow, and the government of this realm perstition of the Church of Rome to alter: to subvert, and sedition and rebellion within And that you the said sir George Wakeman, this kingdom of England, to move, stir up and then and there, falsly, maliciously, subtilly, adprocure, and the cordial love, true, due and visedly, devilishly and traitorously, did undernatural obedience, which true and faithful sub. take to kill and murder our said sovereign lord jects of our said sovereign lord the king, ought the king: And in further prosecution of the and of right are bound to bear towards him, treasons, traitorous conspiracies, intentions our said sovereign lord the king, wholly to and agreements aforesaid, you the said sir withdraw, put out and extinguish, and him our George Wakeman, the said 30th day of August, said sovereign lord the king, to death and final at the parish aforesaid, in the county aforesaid, destruction to bring and put, you the said sir falsly, traitorously and against the duty of your George Wakeman, William Marshal and Wil- allegiance, did receive and had (from a certain liam Rumley, the 30th day of August, in the person unknown, pretending to be provincial 30th year of the reign of our said sovereign lord of the Jesuits in England, and claiming authoking Charles the Second, at the parish of St.rity for the granting commissions in that part Giles in the Fields aforesaid, in the county aforesaid, falsly, maliciously, subtilly, advisedly and traitorously did purpose, compass, imagine and intend, sedition and rebellion within this kingdom of England to move, stir up and procure, and miserable slaughter among the subjects of our said sovereign lord the king to cause and procure, and our said sovereign lord the king, from his royal state, title, power and government of his said kingdom of England, wholly to deprive, depose, cast down and disinherit, and him our said sovereign lord the king, to death and final destruction to bring and put, and the government of this kingdom of England, and the sincere religion of God, within the same rightly and by the laws of the same established, at your will and pleasure to change and alter; and the state of this whole kingdom of England, through all its parts well instituted and ordained, wholly to subvert and destroy; and war against our said sovereign lord the king, within this kingdom of England, to levy; and to accomplish and fulfil those your most wicked treasons and traitorous imaginations and purposes, you the said sir George Wakeman, William Marshal and William Rumley, and other false traitors unknown, the aforesaid 30th day of August, with force and arms at the parish aforesaid, in the county aforesaid, maliciously, subtilly, advisedly and traitorously did assemble, unite and gather yourselves together; and then and there, falsly, maliciously, subtilly, advisedly, devilishly and traitorously did consult, consent and agree, our said sovereign lord the king, to death and final destruction to bring and put; and the religion

VOL. VII.

from the see of Rome,) one commission to institute and authorise you the said sir George Wakeman to be physician-general of the army, to be raised for the waging war against our said sovereign lord the king within this kingdom of England, and the same commission then and there, falsly, advisedly, maliciously and traitorously did inspect and read over, and traitorously did keep in your possession, and to the same falsly, knowingly, advisedly and traitorously did consent and agree, with that intention, that you the said sir George Wakeman should have, receive and exercise the place and office of physician-general of the army aforesaid, when you the said sir George Wakeman, William Marshal, William Rumley and the said other false traitors unknown, should have performed and accomplished your treasons, compassings, imaginations, purposes and traitorous agreements aforesaid. And that you the said William Marshal and William Rumley, in further prosecution of your treasons, traitorous conspiracies, intentions and agreements aforesaid, the said 30th day of August, in the parish aforesaid, in the county aforesaid, did falsly, subtilly and traitorously consult, conclude, consent and agree, that you the said William Marshal, William Rumley and other false traitors unknown, should pay the sum of 6,000l. towards furthering and consummating the traitorous agreements aforesaid, amongst the said false traitors had, our said sovereign lord the king to kill and murder, the true worship of God within this realm rightly and by the laws of the same established, to the superstition of the Church of Rome to alter, and the government 2Q

lordship, and you gentlemen of the jury; sir George Wakeman, bart. William Marshal, and William Rumley, the prisoners at the bar, stand indicted; for that they as false traitors against our sovereign lord king Charles the 2nd, their supreme and natural lord, not having the fear of God before their eyes, did traitorously endeavour and intend, with all their strength, the peace and tranquillity of this kingdom of England to disturb, and the worship of God in the same rightly, and by the laws of the same established, and the government of the kingdom in all its parts well insti- tuted and ordered, to subvert and overthrow, and sedition and rebellion within the same to move and procure, and to bring and put the

that purpose the 30th of August, in the 30th year of the king that now is, they did falsely, inaliciously, subtlely, advisedly, and traitorously compass, imagine, intend, and devise, those things that I have enumerated to you; that is, sedition and rebellion in the kingdom to move, the peace and tranquillity of the same to disturb, the worship of God to overthrow, and the king from his royal state, title, power and government wholly to depose, and to put the king to death and final destruction, and the religion at their wills and pleasures to alter, and to introduce the Romish superstition, and war within the kingdom to levy against our sove

the laws of the same established, to the superstition of the Roman Church to change and alter, and the government of this kingdom of England to subvert; and that one Thomas Pickering, and one John Grove, should kill and murder our said sovereign lord the king; and that he the said James Corker, together with the said Thomas White, John Fenwick, William Harcourt, John Gavan, and Authony Turner, and other false traitors, against our said sovereign lord the king, to the jurors unknown, should therefore say, celebrate, and perform, a certain number of masses, then and there amongst themselves agreed on, for the soul of the said Thomas Pickering, and for that cause should pay to the said John Grove a certain sum of money, then and there amongst them-king to death and final destruction; and to selves agreed on; and that he the said James Corker, together with the said Thomas White, John Fenwick, William Harcourt, John Gavan, and Anthony Turner, and other false traitors to the jurors unknown, in further prosecution of the treasons and traitorous consultations and agreements aforesaid, afterwards, the said 24th day of April, at the parish aforesaid, in the county aforesaid, falsely, subtlely, advisedly, maliciously, devilishly, and traitorously, did severally each to the other engage themselves, and upon the sacrament traitorously did swear and promise, to conceal, and not to divulge the said most wicked treasons, and traitorous compassings, consultations, and purposes afore-reign lord the king. And to accomplish these said amongst themselves had, traitorously to treasons and purposes, they the prisoners at kill and murder our said sovereign lord the the bar, with other false traitors unknown, the king, and to introduce the Romish religion day and year beforementioned, did assemble within this kingdom of England, and the true and meet together, and did then and there Reformed religion within this realm, rightly, consent and agree to put the king to death and by the laws of the same established, to alter and final destruction. And to persuade and change. And that he the said James Marshal and Rumley to these treasons, the Corker, together with the said Thomas White, said sir George Wakeman promised his asJoba Fenwick, William Harcourt, John Gavan, sistance; first, to subvert the government, and Anthony Turner, and other false traitors to and then to alter the religion to the Romish the jurors unknown, in further prosecution of superstition, and traitorously undertook to kill their said treasons and traitorous intentions and the king: And he did receive for that purpose, agreement aforesaid, afterwards, the said 24th from the pretended provincial of the Jesuits in day of April, at the parish aforesaid, in the England, who claimed an authority from the County aforesaid, falsely, subtlely, advisedly, see of Rome, of granting out commissions, a maliciously, devilishly, and traitorously, did commission which constituted him Physicianprepare, persuade, excite, abet, comfort and general of the army; which army was to be counsel four other persons to the jurors un- raised for the levying of war against the king, known, subjects of our said sovereign lord the and the subversion of the government and reliking, traitorously our said sovereign lord the gion: That he read this commission, that he king to kill and murder, against the duty of kept it in his possession, that he consented to his allegiance, against the peace of our sove-it, accepted it, and intended to execute the reign the king, his crown and dignity, and against the form of the statute in that case made and provided."

Upon these several Indictments they have been arraigned, and thereunto have severally pleaded Not Guilty, and for their trial put themselves on God and their country, which country you are. Your charge is to enquire, whethey they be Guilty of the high-treason whereof they stand indicted, in manner and form as they stand indicted, or Not Guilty, &c.,

Mr. Edward Ward, May it please your

employment, when their designs were accomplished. The Indictment further sets forth, that Marshal and Rumley, and other false traitors agreed to pay the sum of 6,000!. for and this is laid, to be against the duty of their the carrying on and effecting of this treason; allegiance, against the king's peace, crown and dignity, and against the form of the statute. To this indictment they have pleaded not guilty; if we make out these crimes against them, or any of them, you are to find them guilty.

There is also another indicted, that is James