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irade up of equivocati n and lying, if you had saint, after her head is cut off, did go 3 mniles mo i dulgences and dispeusations for it, if to with her head in her hand, to the place where kilikings migbt not be meritorious, if this were she would be buried, than that there was a noi printed and owneil, if your popes and all Gunpowder Treason. [At which the people your great meu had no: avowed this, you had gave a shout.] said some ting; but if you can have absolu- L. C. J. North. You must not meddle any tions either for money, or because you have more with the speeches of those that died. advanced the ('tholis cause as you call it, and Marshal. I did not intend, my lord, to call can be made saints as Coleman is supposed to any thing of justice in question. be, there is an end of all your arguments. L. C. J. What, do you think we will be There is a God, you say, and you think we imposed upon in this manner? Perhaps you shall go to that God because he hath given us have tricks enough to gull your own party, but the power, we can let ourselves in and turn the you have not to deceive Protestants; they can key upon heretics. So that if they kill a king, look through all your arts; nay, I never saw and do all the wickedness they can devise, such men of weak parts, as your priests genethey shall go to heaven at last; for you have a rally are; so that I wonder you should have trick, either you can directly pardon the killing any disciples but silly women, or men without of a king, or if you excommunicate him he is learning. no king, and so you may kill him if it be for Marshal
. If we were guilty of this conspithe advancement of religion. But it will be in racy, we should gull only ourselves. vain for you or any priest in England to deny L. C. J. Go you on with one harangue, I this, because we know you print it and pub- warrant you I will give you another ; you shall licly own it, and nobody was ever yet punished not be hiodered to say any thing that is pertifor any such doctrine as this. Therefore all neut; but this is not at all so. We have a your doings being accompanied with such equi- bench of aldermen have more wit than your vocations and aris as your religion is made up conclave, and a Lord Mayor that is as infallible of, it is not any of your rhetoric can make you as your Pope. Have you any thing more to say be believed. I do believe it is possible for an , for yourselves ? atheist to be a papist, but it is hardly possible Marshal. It is not proper to contradict for a knowing Christian to be a Christian and your lordship, but it is a wonder you should a Papist. It is bardly possible for any man of know our religion better than ourselves; for I understanding, setting aside the prejudices of know not of any such doctrines owned amongst education, to be a Papist and a true Christian, us. because your ductrines do contradict the foun- L. C. J. No! then I believe you have not dations of Christianity. Your doctrine is a read your own books ; I suppose that your budoctrine of blood and cruelty, Christ's doctrine siness is not now to read, but to seduce silly is a law of mercy, simplicity, gentleness, meek. women or weaker men. What, don't you pubness and obedience; but you have nothing but lish them all over the world ? Is there any Inall the pride that ever a pope can usurp over der expurgatorius, into which you have put princes : and you are filled with pride, and mad these doctrines ? Surely you know not any till you come again into the possession of the thing, if you know not this. tyranny which you once exercised here: inso- L. C. J. North. If you have any thing more much that it is strange to me, but that princes to say in the proper defence of your trial, pray abroad think you more conducing to their poli- speak it now. tic interest, else sure they could not endure Corker. As to those damnable doctrines, such spiritual tyranny to lord it over their souls we profess ourselves innocent of them. I deand their dominions. Therefore never brag of sire that the Jury may not go upon such a your religion, for it is a foul one, and so con prejudice, that I entertain such principles of trary to Christ; that it is easier to believe any religion, as matters of my faith. They are thing, than to believe an understanding man horrid crimes, I protest against them, and own may be a Papist. Well, Sir, if you have any them not. I desire the jury to take notice of it. more to say, speak it. You have provoked me Marshal. I have this further to offer to your to this : and indeed I ought to do it, because lordship, that Mr. Bedlow owned before the you have so much reflected on the justice of Lords that he knew no more to be guilty than the Court : but if you have any thing to say in he had declared, and amongst all those I am your defence; speak it, or to your own parti- not named; and this was a month or six weeks cular case.
As for your religion, we know before I was taken. what it is, and what merciful men you are : Justice Pemberton. There is no such thing at and if we look into the bottom of you, we all proved here, or given in evidence, and thereknow what you were ever since queen Mary's fore why do you insist upon it? days: and if we look into the Gunpowder Marshal. 'In this I appeal to the knowTreason, we know how honest you are in your ledge of your lordship: and if you know it, I oaths, and what truth there is in your words, hope you will be pleased to acquaint the jury and that to blow up King, Lords and Com- with it. mons, is with you a inerciful act, and a sign of L. C. J. I do not know for my own particu-' a candid religion ; but that is all a story with lar, what answer was made; I was not in the you; for it is easier for you to believe, that a House, nor do I know it.
Judges. None of us know it.
ought to discharge him : we do not find that Marshal. I desire the worthy jury to take there is testimony sufficient, according to the notice, that among all the persons named, there law, to condemn lim, and therefore you ought is no such dame mentioned as mine.
to acquit him. As to the rest, here is sir Justice Pemberton. There is no such thing George Wakeman, Mr. Corker, and Mr. Marproved here.
shal; there bath been two sorts of evidences Marshal. They deny all the Lords' Records. given, I will repeat them as well as I can, and
L.C.J. Well, have you done? Look you, as short as I can. There hath been a general gentlemen of the jury.
evidence, and a particular evidence: there was Marshal. I desire but one word : These a general evidence given by Mr. Dugdale, of things I have insisted upon as far as I can for the Plot in general, and by Mr. Praunce, and myself; but the main matter I relied upon was, something of intimation by Mr. Jennison. that Mr. Oates did not know me, neither as to- These of Dugdale, Praunce, and Jennison, do my calling, conversation, words nor actions. not mention so much as the names of the three He can bring no person, man nor woman, that gentlemen that are upon their lives; but I will ever saw him in my company, nor took notice iell you why it was necessary, and answers a of our meeting together, nor Bedlow neither; great objection that they seem to make: for he can name no place where he saw me, none you are to believe men, say they, and to bebut the Savoy, against wbich no proof can be lieve men upon probable
circumstances, somefound. And then at the searching of the house, thing to guide you besides the positiveness of I desire the jury to take notice, that at that an oath ; and that is well enough said: Now time he disowned us, and said he did not know here is something besides, and that is the Plot; us. A sufficient rational cause cannot be given that there was a conspiracy to introduce powhy, he should say now he knows me, and did pery, by the likeliest means, which was to kill not then take me.
ihe king; and that such people as these men Justice Pemberton. You have said all this were to do it. Now that there was such a gebefore.
neral design to do it, is a circumstantial eviMarshal. Then, my lord, for a conclusion, dence, (as to these men I call it so.) And I have been told, and I will only desire the jury, these are circumstances which may answer the to take notice of it, that every jury that finds a objection they make, when they say, You are man guilty of death, upon the testimony of wit- not to give credit to positive oaths without any Tiesses that come in against him, do take it so- thing to govern you by; for you have this to lemnly upon their consciences, that what such govern you by, besides the oath, that there was witnesses swear is true.
a Plot. : L. C. J. That they believe they swear true: The testimony of Mr. Jennison does go For we have no infallibility with us : It is one more particularly to the business of Ireland, thing to say it is true, and another thing to say which I would observe, by the way, for the we believe it is true. Look you, the jury may sake of that gentleman that stands so much give a verdict that is false, and yet go accord- upon the innocency of those men, and would ing to their consciences. Do you understand have them to be believed upon their own asthat, priest?
sertions, because he says they dare pot die Justice Pemberton. You need not teach the with a lye in their mouths. I believe it is now jury what they are to do.
torious enough, Mr. Jennison that comes bere Marshal. But considering in case an oath is a man of quality, and one against whom be false, and the jury have reason to doubt there is no objection, and he is justified by one what the prisoners say in their own defence, or two more. He says, he saw Mr. Ireland thi upon what they hear or have learned of their 19th of August, when he, to his death, tool own knowledge, if they find such doubt upon bim to aver be was then in Staffordshire grounded upon that double matter, then they and brought several of his own religion, wh are in great danger to bring the fault to their would outface it to the court, that he kej own doors, and make the crime of perjury their them company so many days, and was in t1 own.
country all the while. There was a mai Justice Pemberton. What do you go over before this, that came and testified that she sa things again and again?
Ireland, and saw him at his own door, L. C. J. All this signifies but little ; if you August, but this gentleman comes and prov had Popery bere, you would get but little by it. it upon him more particularly, and tells y We should hardly part with our Peter Pence when, the day of the week, and of the mon for all your speeches. We all know what that he was with him at his own lodging, t things are, it is not a parcel of words patched night he came from Windsor, that he thus together, will do your business.
pulling off his boots, and pretended to cl Marshal. I wish all thoughts were as open- post from Staffordshire, and so that he w faced as ours are.
Staffordshire is true, because he came the L. C. J. Look you, gentlemen of the jury, post, but he hath always constantly deniedt here are four prisoners; as to one of them, that he was here, and that may serve for the is Rumley, the truth of it is, there is but one grity even of their dying onths. And yote witness against bim, and by the law there not going, according to your own doctripo ought to be two ; so I cannot say, but you immediately to Hell, I hope you supr a
purgatory, where you may be purged from such | said came from the queen, there were dispeccadillos as this of dying with a lye in your courses of doubtful words, but whether they be mouths.
plain enough to satisfy your consciences, when As for the testimony of the particular evi- men are upon their lives, I leave to you. That dence, first, against sir George Wakeman, Mr. sir George Wakeman should say, Are you Oates says he saw a letter subscribed George ready for me? Why am I drilled on thus, in a Wakeman; and it was writ to Mr. Ashby, and matter of this concern ? This he would have therein, among other expressions, was this par- to imply the poisoning of the king ; but there ticular, That the queen would assist him to is but one thing that sounds any thing plain to kill the king: He was asked, How he knew it the matter, and that was this, said he, If they was bis hand ? He said, He had never seen his miss (speaking of killing the king) if they miss hand before, but afterwards he saw him wri. at Windsor, and you miss your way, then it ting, (as he thinks, writing,) in a writing pos- shall be done at New-Market. This he did ture, and there he looked upon that paper swear directly, and then sir George Wakewhen he was gone from it, while it was wet, man replied, He would be ready. Now if you and that character, to his thinking, was just believe this, then there are two witnesses the character of the letter. Now I must ob- against sir George Wakeman, for the matter serve this to you. First, Supposing it to be of the bill alone would do nothing, but true, yet it is somewhat hard, for a man that when be says he saw such a bill, it must be had never known a man's hand in his life, to for something; and if he did say so, If they miss see a hand to-day, and some time after to killing him at Windsor, and you miss your way, come and see his hand to a bill of physic, and we will do it at New-Market; and be replied, to recollect the character so much backward, I will be ready, the thing is made plain ; I as to know, this is that, or that man's hand leave it to you; and tbis is all the evidence that I saw before. It is one thing to know against sir George Wakeman, as I remember : hands we are used to, but it is another thing, I hope my brothers, if they remember more, if we see a hand we never saw before in our will repeat it to you. I cannot undertake to lives, and then by reflection at another time, repeat every word ; I remember so much as is and by comparison of hands to say this is the material, and my brothers I hope will help me same, that is hard; but that is supposing it to out, in what they have better observed. be true. Sir George Wakeman, as all people As to Mr. Corker, Oates says, that he saw a will that are accused, does deny the fact, and letter under his hand, tisat is, his name, I supsays there was no such thing. Agaiost him be- pose was to it, wherein be consented to the sides, he says he saw, in a book that the Jesuit raising the 6,0001. which was to he raised out priests kept among them of their transactions of the Benedictive estates, and was in order to and affairs, he saw, in Harcourt's chainber, a the carrying on of this Plot. I do not find that book, whereiu was writter, this day, (and there he does prove that he did know Mr. Corker's was a certain day in August named, but he hand. And he says of him further, he was their cannot tell what day,) this day agreed with president, and so it was recesary to have his sir G. W. for 15,000l, to which he consented. consent for the raising the 0,0001. and partiAnd under was written, Received 5,000l. part cularly be says, that he did except againsi Picof 15,000/. by order of Mr. Coleman. George kering's being designed for the murdering of Wakeman, This he says be saw, and he be the king; for, said he, He is a man that waits lieves that to be the very same hand he saw at the altar, and methinks you should choose before, so it is by a comparison of hands. He some filter person. For that, savs Mr. Corker, does not charge sir George Wakeman, to the which he says, that I was president; I was not best of my inemory, with any positive things president; and he makes it necessary for me of his own knowledge, more than as I tell you to set my hand, because I being president, it of this matter.
was supposed it could not be done without me: Sir R. Sawyer. Yes, my lord, le says he saw and Dr. Oates does intend such a thing by his bis commission.
enforcing of it too: but he does produce to L. C. J. Indeed he does say, he saw a com- you two or three witnesses, that do say, Mr. nission in his hands, to be physician-general of Stapleton hath been president for four or fire he army that was to be raised. And that he years; and said he, If I were not president, enied 10,000l, and would have 15. The what needs all this ado about my consent? So uth I leave with you, gentlemen. Look you, he contradicts bion in that particular, that he entlemen, we will show ourselves wbat we was not president, and it is not only a bare imight to do, let them be as they will; we material thing, because his being president vuld not, to prevent all their Plots, (let themn made his hand more necessary to the raising
as big as they can make them) shed one the 6,000l. And for that matter of his saying, op of innocent blood, therefore I would have that he did except against Pickering, and they i, in all these gentlemens cases, consider might have chose another, he does not charge ously, and weigh truly the circumstances, bim to be actually at the consultation, but he
the probability of things charged upon says he knew of it, because he said Pickering 2. There is an additional evidence against was not a fit man to do it. And he said, they "eorge Wakeman, by Bedlow: he says he had better choose a layman. He prores no Saim have a pote for 2,0001, which was fact, but only these words. And Mr. Bedlow he speaks against bim, and what he says is, ble, they have almost undone themselves in rather less than what Oates says. For it is, their own defences, by making weak observathat he talked with La Fevre the priest about tions, and insisting upou trivial things; improthe Plot in general words. It may be, he was per for the Court to hear, and impertinent for talking with some body else, and yet he could them to urge. But I deal faithfully with you, I hear that they talked together in general about will discharge my own conscience to you. It it. That is all against him.
lies upon the oaths of these two men. Thougla Against Mr. Marshal, it is rather less than there was a Plot in general proved, yet that against Corker, that is, that he did consent to does not affect these men in particular, but was the 6,0001, that should be raised among the only used to answer that objection, that it Benedictines, he being a Benedictine too, and should not be believed upon positive swearing, that he took exceptions against Pickering, as hand over head, without something else. Here Corker did, that it was not convenient to em- was something else, the Plot in general, and ploy him in killing the king. And this is that their being priests, is another circumstance to Oates says, and that he was a carrier of letters me, who are mad to bring in popery, and would up and down, and a factor that way. And do any thing to get their tyranny again estabBedlow says, that he knew that he carried lets lished amongst us. And there is more than ters, and was at the consult where they were probable evidence of that I assure you. read and answered, and when they asked him, Sir Tho. Doleman did indeed say Mr. Oates Where? He said, At the Benedictine convent was very weak, so that he was in great confuin the Savoy. And names in particular, a let- sion, and scarce able to stand ; weigh it with ter to sir Francis Radcliff, and that there was a you how it will, but to me it is no answer. I discourse concerning the plot, in his hearing. tell you plainly, I think a man could not be so
They say for themselves, they cannot answer weak but he could have said, he saw a letter any more than by circumstances, it is a very under his hand. It was as short as he could strange thing, if Dr. Oates knew this of us, why make an answer, and it is strange that he did not he take us before? And says sir George should go and make protestation that he knew Wakeman, Why did not he accuse me of this nothing. And so I pray you weigh it well. letter that he talks of, before the king and coun. Let us not be so amazed and frighted with the cil? He makes an answer (which to me indeed noise of Plots, as to take away any man's life is a very faint one) at if he were so weak and without any reasonable evidence. "If you are tired, that he could not speak any word farther. satisfied with the oaths of these two mea'; so, When the council asked sir George Wakeman I have observed to you what objections they what he had to say for himself, and he behaved make for themselves, and those objections are himself ruggedly, they call for Oates again, material : What sir George Wakeman says What, said they, do you know any thing of about his not accusing him before the council, ‘ your own knowledge?' No, said he, God for- and what these men say that he did not apprebid; I know nothing more; as sir Philip Lloyd bend them. And it is very strange, they should says, and as the matter speaks : For if he had have so little knowledge, and so little acquaintcharged him that he had seen that letter, the ance with Oates and Bedlow, and so great a lords would infallibly have committed him. If matter as they speak should be true. And it he had but said, I saw a letter with his name to is well enough observed, that he was a begging it, which by the character I believe was his, be there; it is very much that such a man should cause I saw his writing elsewhere: And it is know of such a great design on foot, and they wonderful to me; I do not know, if a man be should use him in that manner. These are the never so faint, could not he say, I saw a letter things that I remember, worthy of your consiunder his hand, as well as, I knew nothing deration. These men's bloods are at stake, and more of him? There are as few words in one, as your souls and mine, and our oaths and conin the other. If he had said, I beg your lord sciences are at stake; and therefore never care ships or his majesty's pardon, I am so weak I what the world says, follow your consciences; cannot recollect myselt, it had been something; if you are satisfied these men swear true, you but to inake a great protestation that he knew will do well to find them guilty, and they denothing of him. This is that that is said by sir serve to die for it: If you are unsatisfied, upon Philip Lloyd, on his behalf.
these things put together, and they do weigh These other gentlemen say, that Oates did with you, that they have not said true, you will not know them, and the woman does say, that do well to acquit them. she did tell thein, when they came to search, that Corker and Marshal were there, aod Dr.
Bedlow. My lord, my evidence is not right
summed up. Oates and they said, they had nothing to do with any but Pickering. They make answer
L. C. J. I kuow not by what authority this now and say, that they had no commission to
man speaks. take any but bim. But it is strange indeed, if
Cl. of Cr. Make way for the jury there; they were there, and they did see them, that
who keeps the jury? they did not apprehend them. For what de- [Then an officer was sworn to keep the jury: fence they make about what talk was had at The judges went off the bench, leaving Mr. the Gate house, it is all contradicted by sir Recorder and some justices to take the Verdict. William Waller. And indeed, if it were possi- And after about an hour's space the jury returned, and the foreman coming up to the Cl. of Cr. Who shall say for you? table, spoke thus to Mr. Recorder.)
Omnes. Our foreman. Foreinan. Sir, the gentlemen of the jury de- Cl. of Cr. Sir George Wakeman, hold up sire to know, whether they may not find the thy hand. [Which he did.} Look upon the prisoners guilty of misprision of treason?
prisoner. How say you, is he guilty of thie Recorder. No, you must either convict them high-treason whereof he stands indicted, or of high-treason, or acquit them.
Not Guilty ? Foreman. Then take a Verdict.
Foreman. Not Guilty. Cl. of Cr. Gentlemen, answer to your dames, Capt. Richardson. Down on your knees. Ralph Hawırey.
Sir G. Wakeman. God bless the king and Hawtrey. Here, &c.
the honourable bench." Cl. of Cr. Gentlemen, are you all agreed of And in like manner were the other three ac
quitted. After the Verdict was recorded, ibe Omnes. Yes.
Court adjourned 'till 5 in the afternoon.
Some Observations upon the late Trials of Sir GEORGE WAKEMAN,
CORKER, and MARSHAL, &c. By Tom Ticklefoot, the Tabourer,
late Clerk to Justice Clodpate. The Reader may perhaps wonder why I be observed, that Corker fell into great undeshould wave the employment of clerking to a cencies of passion against the witness Dugdale; Westminster Justice, who seldom are of the an argument of guilt, my old master would have wisest, and turn minstrel ; but upon serious said ; yet no inferences nor reproofs upon it. thought she will respect me for my integrity, and Now I have given a short, yet true account of give greater faith to what I shall offer now; for to what was but preliminary to Wakeman's, and say the truth, the methods of my former life were their trials, I shall go on. Doctor Oates prored so villainous, in order to my calling, as I could that 'Wakeman refused 10,000l. as too little for no longer dispense with them; for I was forced poisoning the king; which he termed so great to inform my master's worship of all the bawdy- a work, and afterwards did undertake it for five houses within his district, which by that means thousand more, as it was written down in the were all set under contribution, and out of their entry-book, kept sometimes at Wild-house, compositions for enormities I had poundage, sometimes at Langhoro's chamber. And furwhich was all my subsistence, for his worship ther, as appeared by the said entry-book, there engrossed all the warrant-revenue to himself; / were 5,000l. paid in part, and a receipt subso I grew of late melancholy, through the failing scribed George Wakeman, which by a compaof trade, the private misses driving all before rison of hands, was sworn to be sir George's them, that public sinners are now of all people hand; which sir George shifted off by the help the most miserable ; so I retired some time be- of an apothecary, as he thought well enough; fore my master's death: in which retirement, as yet granting the apothecary to say true, which barbers have nothing to do, learn to play on the is questionable too, for they are often slippery cittern, I got a stroke upon the pipe and tabor, chapmen, especially considering former reby which means I now live very comfortably; lations, and future hopes; and Oates to swear yet willing to give the world a taste of my old true, which no wise man will dispute, there office of clerkship, I have made these following might be two letters, which sir George would observations:
slur off, from the improbability of writing two The first part of the trial was spent in the letters to one thing, and gravely bids the jury examination of Dugdale, Praunce, and Jenni- take notice that he writ but one letter; he might son, to prove the Plot, so to obviate the com- with the same modesty have advised them not mon objection that it was unreasonable to be to believe a word against him; yet little notice lieve two men against so many, upon bare tes- taken. timony, without
other circumstantial evidence, The improbability of writing two letters to that was done with such notoriety, as satisfied one thing, seemed to weigh something with the all unprejudiced persons : among other things Lord Chief Justice; though not so with Jusit was proved, by an undeniable witness, Mr. tice Pemberton, who said, It might be so, to Jennison, corroborated with notable circum- serve a turn very well. stances, that Ireland died with a lye in his It was proved likewise by Dr. Oates, that mouth; as by consequence sir John Southcot | Wakeman had a comunission to be physicianand his lady live with the same veracity, which general to the new army; which my Lord Chief my old master would have made another kind Justice had like to have forgotten. of use on than was made: then were some fine Amongst other matters, Bedlow deposed, harangues about it, to answer some objections; That sir George Wakeman came into Harcourt's yet nothing was reduced to practice in the case chamber in a chafe, and told him, he knew not during that part of the trial, in which the pri- wbether he should go on or no. Harcourt went soners were but remotely corrcerned, It may to his cabinet, and took out a bill, and asked