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sir George if he was ready? Sir George said I ways instance such sums; you might, however, he was, and had been long since, but they were have brought some other authority besides not punctual with him ; but what have you yourself, which can deserve no credit here, there? a bill for 2,0001. at your service, when it is clear by all circumstances you invoke replies Harcourt. Which bill'sir George God to witness to a lye, about your never seeing accepted, and afterwards told Bedlow, that the Bedlow, within these ten minutes. goldsmith had allowed of it, and would pay him Against Corker, Oates deposed, That he saw in the afternoon. When Wakeman objected, his patent from Roine to be bishop of London; it was not likely he should discover so great a that he was privy, und did consent to Langsecret upon so small an acquaintance; Bedlow horn's proposal to the Benedictine monks, to replied, he would have a hundred times more, advance 6,000l. towards carrying on his design, if Harcourt had but told him he was his con- bis consent being necessary, because he was fidant, as he had done then. Wakeman ram- president; and that Corker should say furtber, bled out into a passion, and swore that he never that he carried on the design under the disguise saw him in all his life: yet Bedlow made it out of bestowing the queen's charity; and tbat he by circumstances, that he had taken physic of did except against Pickering, being chosen to him at the bath; and that acquaintance he kill the king, being that a mere layman was did not deny, but called him rogue, &c. Be- more proper. Mr. Marshal was charged with fore the prisoner called his witnesses, it may be the same thing, and that Marshal went half observed, that the Lord Chief Justice said, with Conyers, who laid a wager that the king that Bedlow, the second witness, said no ma- would eat no more Christmas pies. terial thing against Wakeman, but only some Bedlow deposed further against Corker, circumstantials about a 2,000l. bill; but had That he had heard him discourse about raising not said for what, only some things about the an army, but nothing positively to the murder queen, his lady and mistress.

of the king. Bedlow accused Marshał much Sir Robert Sawyer replied, under favour, and about that rate ; but Marshal not being shy of began to sum up Bedlow's evidence ; so the his lip-labour, fell to impertinent questioning Lord Chief Justice seemed not pleased, and him about his knowing him; but was confuted answered, What is all this? Call Mr. Bedlow (but not at all asbamed in his lies) by sir Wilagain. To whom he made a godly speech liam Waller, who was sworn in the case; but about innocent blood, and bade him give his Marshal, with a company of soft words, would evidence anew; wbo gave what is above said. have persuaded sir William that he fórswore Sir George replied, What if the queen had himself; the priest surely loved to hear himgiven me 2,000l. for my service done her, is self prattle, to spend so much time in the wastthat any barm? I have deserved it, I am sure, ing of his credit, about a thing which was not for nine years service; yet a little before hé of a farthing concern, true or false : Then he made a protestation before God, he never saw asked Bedlow, whether he had ever seen him Bedlow; a likely matter, as if an absolute before he was taken ? Who said, at the Savoy, stranger should come to the knowledge of such Then with an unheard of impudence he replied, a money-circumstance, and agree in the sum He would be content to be hanged, if Bedlow too. Bedlow went on, and swore, that Har- could prove that he was ever at the Savoy court said to sir George, This must be well fol- Bedlow, though he had none by to prove that, lowed, and closely observed; because much de- as perhaps he would have been in the same pends opon it: For if we should miss to kill him case if he had been to have proved himself

ever at Windsor, or you miss in your way, then we to have been in Westminster Hall, as the Lord will do it at Newmarket. The Lord Chief Jus. Chief Justice intimated; yet he did it by a tice made Bedlow repeat the words again; sufficient circumstance, when he gave sir Wilwhich he did, only interposing [which we hope liam Waller directions where to search you will not.] The Lord Chicf Justice replied for the gun that was to have killed the king ; very modestly, he says now quite another which was found accordingly. This is now the thing ; but was contradicted by the Lord Chief substance of what the prisoners, Wakeman, Justice North, the Recorder, and sir Robert Corker, and Marshal, were charged with: The Sawyer, and submitted to it most christianly. Other, Rumley, had but one witness against hiin; Then Bedlow went on, and swore, that sir G. So went off on course. Sir George now called Wakeman, in his bearing, declared his con- his witnesses ; the chief was Chapman the sent; and that it was one entire discourse : apothecary, of which I have given a former acUpon which the knight, as well he might, said count. Then was his man Hunt, and Elizabeth to the prisoners, Then is my business done; Henningham, called, who talked at the apoand be bad been a true prophet, if either wit or thecary's rate ; so that Oates was not at all bonesty bad exercised a due dominion over the contradicted by them, but they might both say jury. Now if my old master Clodpate had been on true, and that the Chief Justice told them. the bench, he would have hung hard upon that Then sir Philip Lloyd was called upon by sir expression, as also upon sir George's allowing of G. Wakeman, to adjust what Dr. Oates should 2,0001. to be paid for wages; he would have say at the Council-table ; who said but not swaggered it, and have said, This is not to be upon oath, that when sir George was called in said to us that know the methods of the Court, before the council, and told of his accusation, Dever to pay so much wages at a time, they al he utterly denied all, and did indeed carry higis YOL. VII.

2 Y

self, as if he were not concerned at the accusa- | bis father lost 18,000l. estate for the king, tion. Then Oates was called in, to tell what how he was in a plot for the king, was taken he knew further; for as yet he had given but a at his apothecary's, some arms found in the hearsay evidence (as my old master used to cellar, carried to prison, and in much danterra it), be replied with lift up hands, God for- ger of being hanged : and how his family was bid (for I must tell truth, says sir Philip Lloyd, mighty instrumental in the saving of the kiog, let it be what it will) that I should say any thing as colonel Gifford, his cousin Carlos; and that against sir George Wakeman ; for I know no- the Pendrels were menial servants to the fathing more against him. Oates replied, He mily. knew nothing at all of this. Sir George tri- Then Corker was called; who began with a unphed, and cried, This is a protestant witness. florid discourse reflecting upon the witnesses, Now had old justice Clodpate, my old master, that they had been men of scandalous lives, and heen upon the bench, he would have taken up that there was no Plot; which he flourished off the knight, and told him, he had given a very as well as he could, but not to any reasonable officious testimony; for he was to tell only what satisfaction; then he came to trifing about yoOates said at that time, and not to pretend to ing to Lambspring in Westphalia, and such other skill in physingnomy; for he was not mealy small matters ; but at last, he said, he was not mouthed, but would upon occasion have talked president of the Benedictines; which was mahis mind to knights, or any body, and would terial, had it been well proved, for it obviated have said fur:her, It appears to me, and may ap- Mr. Oates his accusation of consenting to the pear to any body else, that this knight bas as 6,0001. as president. Then Marshal was called great a kindness for sir George as for truth, and to say for himself; who made a great pother have bidden the jury observed accordingly; he about a white spot under his periwig, and sir would not have left there neither, for he would William Waller's ordering him to put it off; and have said, Admit sir Philip says true, and that is many inferences he would have inade; and as kind to him as can be, what would sir George then inade a great stir about witnesses that infer, That Mr. Oates is now tied up in bis evi- could have come within three days, and many dence? By no means, for the case is no more other things to no purpose. Then Corker called than if a ñan be brought before a justice of his witness, Nell Rigby, to prove that he was peace for stealing a cow, and that witness makes in the Savoy when Pickering was taken; and a solemn protestation, that he knows no more that Oates and Bedlow did know so much: She against him : yet afterwards, upon his arraign- likewise averred, that Stapleton was president ment, swears to a horse too; in another bill of of the Benedictines, and Corker nerer officiIndictment, the former asseveration is attested ated as such; and that she saw Mr. Oates once by his worship’s clerk, quare, whether that will in the bouse, who came a begging to Mr. Pickquit hiin for the horse, or ought to be so much ering for charity, and that was in the midst as beard in a Court? Besides, bere bas been of the Plot, as was made out by circumstance; a late judged case, Whitebread and Fenwick's, from whence Marshal inferred, It was not likely the jury was withdrawn for want of full evidence, they should trust him with any thing of that afterwards one of the short evidences came to nature, and suffer hiin to want. This now swear home, and was admitted, the prisoners must be a new contrivance, for it would have found Guilty, and executed accordingly; if that been set up before in Pickering's Trial, bad was right, as no question it was, because prac- there been any thing of truth in it. I now won. tised, as I have been informed, it must be much der that none from the bench set upon that more in the right now to admit of Oates's fur- bitch-fox, to run down her testimony; for alther testimony, for the council-table is no court low that to be true, the Plot is non-suit, Semel of Record, as this is.

insanivimus omnes ; my old master would have Sir Thomas Doleman was called in for Oates; clawed the three-penny baggage, and told her who said, that Oates at that time was in great her own, and likewise have broke her credit disorder and confusion, and as fecble, as ever with the jury, by the circumstances, that it he saw any body in his life, so as he believed was never before offered; a thing that they he couid not give any body a good answer ; could not be so careless in, had the thing been and further said, that Wakeman was called in, true. Now Mrs. Sheldon was called to prove and gave his answer, at which the council was Stapleton president of the Benedictines ; who amazed; for he did not in his opinion deny it accordingly did so. Then Alice Broadhead did so positively as one that was innocent could, the same. but shuffled matters off with expressions of the Then Dr. Oates was called again, but never great loyalty and services to the crown of bim- examined; he is wise that can tell why, withself and family, and required reparation for in- out somebody was afraid he should have cleared jury done. It seems sir Philip and sir Tho- the point, as it was formerly in another case mas had different sentiments about sir George's about Mr. Howard's son. mien. When sir Thomas Doleman had done. Then the court asked them, if they had done sir George, unbidden, fell into a repetition of all three ? Sir George Wakeman fell to a dewhat he had said at the council table in his de- testing, forswearing, and abominating the plot, feuce ; which resolved only into a telling what and that he never had a farthing for any such a good subject he had been for the king, what thing; Corker much at that rate ; and Marwork his brother made at Worcester, how shal made as harangue, that, had it not been up

for my Lord Chief Justice North, I believe | low, they may do well to find the prisoners would have lasted till now; it was all full of guilty ; otherwise not. protestations of the innocence of the executed Bedlow charged the Chief Justice, for not persons, which were fully answered by the summing up bis evidence right; who only reChief Justice Scroggs; who after some little plied, he knew not by what authority this man irifiing velitations with the priests, summed up speaks. I shall only make this observation the evidence. In the first he proved, by Mr. upon his lordship: In all former trials he went Jennison, as has been binted before, that Ire- on without the least hesitation, or running the land died with a lye in his mouth.

same over again, as he did not in this; especiNow a man would wonder what he should ally about the concern of innocent blood: but, urge that for, unless to infer, That if dying men by all that is good, it was my old master Clodin their last breath would lye, why should liv- pate's disease, peace be with him! always to ing persons be believed under their circum- sham up an evidence when any body had been stances ? Especially when a jury is free by the with him the morning before. law to do what they will without blemish in the About an hour after the jury returned, and case.

brought them in Not Guilty; but, accordThen the Chief Justice goes on, and sums ing to their abundance of want of understand.

Oates his evidence against Wakeman; which ing, enquired whether they might not bring his lordship, leaving or forgetting all the mate them in guilty of misprisivn, or no? Now could rial points, makes only circumstantial : till sir such a thing come into their politic pates, had Robert Sawyer put him in mind of his commis- they understood what the word meant? For sion, seen by Oates, to be a physician to the that implies a knowing of, but not consenting new army; and then his lordship goes on, and to, a treason. Now there was no manner of allows that, as likewise that he refused 10,000l. colour for such a thing; for the evidence was and would have 15,000l, to do the work; but full, if they believed them, as to absolute treawith an unusual sweetness leaves the truth with son'; if not, why would they think of any thing the jury, and then falls most religiously into a but acquittal? But it may be they knew noc declaration against shedding innocent blood : the force of the word, which led them into that which he did so pathetically, as no man would | error; I am sure that is their best plea; otherjudge him to be the son of a father who, as wise they must yield themselves to be great bemoderns say, was not very scrupulous in that trayers of their nation, and lay under a damopoint.

ed suspicion of being foully practised upon; Then be goes on to Mr. Bedlow's evidence; especially if that be true that runs about in and though be sums it up a little short, yet he coffee-houses, That a gentleman tbat went out makes him a second witness against Wakeman amongst them had a sealed paper of fifty guiif the jury will believe him. Now considering neas thrust into his hand. these [If's) were never put before, why the They say in the north, That a jury consists devil should they now, would old Clodpale of eleven fools and a knave: Now those of the have said; and so say I, Tom Tickle-foot. south, as being more refined wits, are of a

And then the Chief Justice prays the bench nobler consistence, as having more of the in aid, if he had forgotten any thing material. knave in them; for bad they had a mind to

Then his lordship was pleased to say, the have examined matters, and not barely to have evidence against Corker was not full

, so as to acquiesced in outward appearance, they might prove any fact, but only some words; and that have considered, that Oates and 'Bedlow did he was not president of the Benedictines, his not swear by practice, like the boys of St. lordship affirmed from the testimony of three Omers, from this circumstance, That Rumley fingstinks, without any manner of hint to the bad but one witness against him. Now had jury that they were not upon their oaths. The hanging, and not truth, been the designed charge against Marshal, his lordship said, was matter, how easy a thing had it heen for caprather less than against Corker; and so accord- tain Bedlow to have agreed with Dr. Oates, ingly lightened it, as became him.

and inade up two witnesses against Rumley, is Then he comes to sir Philip Lloyd's testimo- obvious to every considering capacity, and ny, which he laid as great a stress upon as it might have played such a prank formerly to would naturally bear; and, so as to invalidate have served a turn, when they were listed any further testimony against sir George Wake- amongst the pope's mamalukes. man,

his lordship was pleased to name sir Tho. It is no small wonder, I confess to Tom mas Doleman's evidence, but with so little res. Ticklefoot, that nobody from the bench nor pect, as he might have as decently let it alone : bar binted that circumstance; my old master And to invalidate Oates his testimony further, Clodpate would have been banged before he he takes notice that he was begging, without would have missed such a baro door. intimation to the jury of any probability o! the I am more particular in this, to the end that matter, which must utterly destroy Mr. Oates" circumstance of their not combining, may in. for the future ; for nobody that believes that, duce juries for the future to look upon them as can believe any thing he says of the Plot. And men that swear only according to the dictates then, after a pious exhortation to the jury to of truth, notwithstanding the sham tale of the take care of innocent blood, he concludes, tell- doctor's begging at Pickering's

. ing them, that if they believe Oates and Bed

To the foregoing Pumphlet, there was published the following Answer: The TICKLER TICKLED; or, the Observator upon the late Trials

of Sir GEORGE WAKEMAN, &c. observed. By MARGERY MA

son, Spinster. London: Printed for A. Brewster, 1679. Let nobody wonder at this attempt, as an suppose he hath some British blood in him, argument of overweening, when so many of and had a knight to his ancestor, or is akin to our sex are become statists; but I being no- somebody that is akin to a lord, he would thing concerned at other ladies actions, will have had more wit else, than to have objected only give the reader, as introductory to my against any body what is not in his power to observations, a short account of my own life. help, he might have remembered that worthy I was placed with a beautiful lady of great saying of Cicero, I had rather be the first than quality about court, as superintendant of the last of my family; as likewise the brave her Limbeck, Preserving-pans, and Washes ; atchievements of that great man, bow he ran by which means, I became the chief confident, down a plot in his consulship, backed by so as being privy to all her intrigues. My lady many of the Patricians, and chief pobility, nay, past off her youthful years pleasurably enough Cæsar himself was not free; it was so backed both to herself and me; for the fresh lovers as the rebels were able, upon discovery, to disthat focked daily (to whom my lady was pute the matter by arms: yet that mushroom never bard hearted) were free of their money, orator, that man of no images, by his own proboth to herself and servants; but when my lady per virtue brought it to light, and the traitors to became a little superaunuated, and was forced punishment, notwithstanding that great abetto send ambassadors to ber former idolaters, ting. Or, he might have remembered, had he the case, (as to money) came to be quite alter- read authors, what that great capt. Caius ed; so we lived upon the spoil

, but yet pretty Marius said in his oration to the people of even and even; biit her ladyship at last came Rome, when he stood candidate for general in to give boots, then there was no longer abiding the Jugurthian wars, when bis want of nobility for me ; so I thought fit to retire whilst I had was objected against him: · Nobilitatem certe some money and beauty left; so accordingly peperisse melius est, quam acceptam corudid, into Chancery-lane, turned sempstress : pisse;' (for Padge hath a snack ai Latin, but where

let them English it that will.) And I think my

Lord-Chief-Justice bas done his part as to every shop I keep for countenance But

thing till of late; and whether well or no, now, is my sustenance. Chaucer.

is to be enquired into by circumstances. In And now having a litle knack in book learn- the trials of Whitebread and his fellows, when ing, I diverted myself this dead vacation tiine the sixteen witnesses were brought over from with reading and comparing the late trials, with St. Omers, to prove Oates in a lie about the the observations of captain Ticklefovt, (for time of the consult, bis lordship, I must cous why not captain Ticklefoot as well as captain fess, animadverted very sarcastically upon Bedlow?) They jodeed are too unmannerly them, by saying, their testimony was alike to be upon the chief magistrate, for it lays matters believed, though not upon oath, as if they had too open; they are likewise so rude upon the been sworn, because they are of a religion that ladies that came to attest the truth, as it is not can dispense with oaths, though false, for the at all suitable to the generosity of a chevalier, sake of a good cause. And then reflecting for to treat a lady of Mrs. Ellen Rigby's qua- upon the nature of the men, he goes on very lity, with the naine of bitch-fox, and three- Aoridly, and teils the jury, That they are propenny baggage,is not at all urbane. There were selites, and young striplings of their church, some indecencies about the other gentlewomen, which does indeed, in one respect or other, which are not worth our confutation; so now I abuse all her disciples, and keep them in a will modestly, as becomes our sex, examine the blind obedience to pursue and effect all her whole matier.

commands : And then going on, says of the The detractors indeed do say, which I can- witnesses, That they were young boys sent for not help, if I was to be hanged, that my Lord hither on purpose to give this testimony; and Chief-Justice's carriage did not seem even, as though it be no fault in the prisoners in send not at all quadrating with the former trials. for what evidence they could; but it is very The only way to judge whether the detractors doubtful and suspicious to have such green be rogues or no, is to lay down matters fairly, and Alexible minds thus employed; and I must as they were transacted in Wakeman's trial, leave it to you; meaning the jury, to consider and compare them with parallel cases in the how far these young men, trained in such printrials of the convicted persons. But before I ciples, may be prevailed on to speak what is fall into the main business, I must have the not true. other Aing at captain Ticklefoot, who is too And then, after his lordship had done what severe iu reflecting upon a descent there; I became bim by running down the school-boy's


evidence, he makes this as a natural inference, | his great adversary, were it within the verge “ That they cannot want witness to prove what their prostituted recipes? But happy the genthey please ; for I believe there is none of theintleman was under the bonds of confession. all will make any bones of it.”

And then, “ Better that all the kings of the It cannot be said, I must confess, that there carth should perish, than that the seat of conwas any such pains taken to run down the cre- fession should be broken;" as Binetus the Je. dit of the gentlewomen that came to invalidate suit told the learned Casaubon.* Or else the Oates's testimony, upon the account of their assertion of that other Jesuit prevailed with religion, or of their sex, very prevailable upon him, who averred to the same Casaubon in to speak what often is not true; for the first France, “ That if Christ were again upon was never so much as hinted, nor so much earth, in a condition subject to death, and any neither as that they were not upon their oaths, one should tell him that he had a desigu to kill which there was great care taken for in the St. him, that he would suffer Christ to be murdered, Omers' boys. I must confess, my lord's treat- rather than reveal the confession t." Since ing Mr. Oates about the witness Nell Rigby, is then the crime was so considerable, and the a wonder to me; for his words are so plain, consequences of its being perpetrated, must that they imply he has lied all this while, and have proved so fatal to the nation, it cannot is to be believed no more. " It is well ob- well be thought that an under-sheriff alone was served,” says he," that he was a begging a fit person to be the sole judge of the probity there;" viz. at Pickering's, formerly executed. and judgment of a jury that was to pass their “ It is very much that such a man should know verdict upon a fact of so much weight, and so of such a design on foot, and they use hiin on dreadful to the very thoughts of his majesty's that inanner;" and concludęs," that that subjects in the issue of the success. amongst other things was worthy considera- As for the other two, though their crimes tion." My lord was pleased to gallant Mrs. were not absolutely so great, yet were they Sheldon and Alice Broadhead at the same rate, heinous enough; they were both privy to the by allowing their tale, though it was in the ne- conspiracy, allowed it, fostered and encougative, that Mr. Corker did never officiate as raged it; and were the raisers and contributers the president of the Benedictines, which made of very large sums towards the carrying it on. Dr. Oates's evidence ineffectual. I must not As for the proof of the indictinents, it was forget, amongst all, my lord's great compliment certainly as bright as summer sunshine ; it is to to the city, which it may be pleased some as be feared, too bright to dazzle the eyes of so much as the verdict did please others; “We have any mens' understandings. Then for the dea bench uf aldermen," says he,“ have more fences of the prisoners, they were publicly alwit than the conclave, and a Lord Mayor that lowed to have been very mean, and that their is as infallible as the Pope.” Now if all these cause looked much better before they were things put together deserve another name than heard : which the jury, had they not been adfair practice, I, poor Madge, cannot help it. ders, might bave beard; for it was spoken loud

enough. For what signified all their procrasti. P. S. But to come to the point; here are nated endeavours to shelter themselves under three men indicted for no less than bigh treason the scandals and reproaches which they threw (for Rumley is to be omitted, the proof against upon the king's evidence? A crick they had all him being justly allowed to be imperfect) one, used, though not with the same success; and for having undertaken, for a base reward of that is one thing that reason professes herself money, to have poisoned a great monarch, bis to be puzzled at: For what had the king's evilawful prince and sovereign; a king, and con- dence done to render them more flagitious sequently, by virtue of his office, sacred in his than they were the former sessions ? why to be person, as being elevated to the high dignity of less credited than before they had been as a God upon earth by the affirmative of never- deep in the Plot as themselves, it is true ; but erring scripture itself: a crime so enormous, so they had reclaimed themselves from their disvoid, to set religion aside, of those common loyalty, and by a seasonable discovery, bad dictates of heathenish morality, that it was ruined the villainous architecture of their trèa. never se remarkably violated till Judas and the chery; for which they had received the king's murderers of his father taught the way': A pardon; and so being recti in curia, were not crime to have been committed against a ma- to be canvassed by the foul mouths of those jesty so mild, so tender of enforcing conscience, that laid hold of every rotten bough to save $0 indulgent, that he frequently dispensed with themselves. And it was a hard case that they the rigor of his own laws, to mitigate their pu- should stand there as at a stake, rather to be nishment; interposing in hopes of reclaiming baited than examined: but suppose them them, between them and the violent prosecu- guilty of the luxuriant misdemeanours of the tion of an incensed parliament. And yet, for age, what law is there in any nation that we all this, mercy itselt must be assassinated or know of, that excludes an adulterer, an atheist, poisoned. What can we think, but that men, a fornicator, or a drunkard, a proud or a covete who dare attempt soch ungodly massacres upon the boly person of a God upon earth, would * Hennam Conringeus, De Rebus Publicus not stick for double the sum, to poison their totius Orbis. Creator himself, at the instigation of the devil, † Casaubon in Respub. ad C. Terren,

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